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Issues: Classification of imported goods under CTH 98.06 read with 90.26.90 vs. CTH 74.11.29 and OGL clearance under Appendix 6(1) of AM 85-88 Import Policy Book.
In this judgment by the Appellate Tribunal CEGAT, New Delhi, the appellants imported Bourden Springs, claiming classification under CTH 98.06 read with 90.26.90 as components of oil pressure gauge. The Department, however, classified the goods under CTH 74.11.29 as copper alloy tubes and denied OGL clearance under Appendix 3 Part A of AM 85-88 Import Policy Book. The appellants argued that the goods, though in straight length, were specifically made as Bourden springs, emphasizing Rule 2(a) of the Rules of Interpretation to support their classification. The Revenue contended that the goods were tubes and not identifiable parts of the pressure gauge instrument. The Tribunal considered whether the goods, even though incomplete as springs, had acquired the approximate shape or outline of the finished article, as per the HSN note on incomplete or unfinished articles. The definition of "Bourden Gauge" from a mechanical engineering dictionary and an extract from an industrial instruments handbook were also referenced to determine the essential character of the imported goods. The appellants' argument relied on Rule 2(a) of the Rules of Interpretation, asserting that the goods, although not bent into the final spring shape, were intended to be used only as springs and should be classified as such. They contended that the material of the tube itself imparted the essential quality of a spring, and the goods were specially made to fit as Bourden springs in the pressure gauge instrument. The Revenue, on the other hand, maintained that the goods were merely tubes and not identifiable parts of the pressure gauge instrument, thus challenging the classification under CTH 90.26.90. The Tribunal examined whether the goods, in their presented state, had the essential character of Bourden springs, considering the definition and function of Bourden tubes provided by mechanical engineering sources. The Tribunal referenced a previous case to analyze the scope of incomplete or unfinished articles, emphasizing the requirement that the goods, as presented, must have the essential character of the finished article to be classified accordingly. The definition of a Bourden Gauge as a metal tube bent to a curve with pressure-recording properties was cited to determine the nature of the imported goods. Additionally, an extract from an industrial instruments handbook described the characteristics and functions of Bourden tubes, highlighting their properties related to pressure variations and shape changes. These references were crucial in assessing whether the imported goods could be classified as Bourden springs based on their essential characteristics and intended use in pressure gauge instruments.
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