2001 (3) TMI 349 - AT - Customs

Summary

Issues: Classification of imported goods under Customs Tariff and ITC Policy; Interpretation of Note 7 to Chapter 39; Applicability of primary forms to recycled plastic material.

The judgment by the Appellate Tribunal CEGAT, Mumbai involved the classification of imported goods declared as "regrind polycarbonate" under Heading 3907.40 of the Customs Tariff and Heading 39074000 of the ITC Policy. The department and the Indian Institute of Technology identified the goods as "Transparent Grinded Sheet Piece in Aglo form," leading to a classification dispute. The department argued the goods were plastic scrap under Heading 39.15, requiring a license, and proposed confiscation and penalties under Sections 111 and 112 of the Act, respectively.

The appellant contended that "regrind plastic" is a recycled form used for injection molding, supported by technical literature and manufacturer affidavits. Note 7 to Chapter 39 excludes waste of a single thermoplastic material transformed into primary forms. The Explanatory Notes to the Harmonised Commodity Description System clarify this exclusion, stating such waste is classified under specific headings. The imported material, polycarbonate flakes, met the criteria of primary forms and could not be classified under Heading 3915, making it freely importable under Heading 3907.4000 without a license.

The tribunal highlighted that if recycled material is equivalent to virgin material, it should be classified accordingly. This interpretation aligns with a previous judgment in C.C.E., New Delhi v. Bhartiya Plastic Udyog. The department argued that "primary forms" refer to both physical form and material quality, applicable only to virgin material. However, the tribunal reasoned that primary forms include waste of a single thermoplastic material, as specified in the Explanatory Notes, justifying the classification of the imported goods under Heading 3907.4000.

Ultimately, the tribunal allowed the appeal, setting aside the order for confiscation and penalties imposed on the appellant. The decision provided consequential relief in favor of the appellant, emphasizing the correct classification of the imported goods under the Customs Tariff and ITC Policy based on the interpretation of relevant provisions and notes.