1997 (3) TMI 412 - AT - Central Excise

Summary

Issues: Classification of product "cablewraps" under Central Excise Tariff, relevant tariff entries prior to and post 1-3-1988, process of manufacture affecting classification

The appeal involved the classification of cablewraps under the Central Excise Tariff, specifically under sub-headings 7613.90 and 7605.90, for the period post the new Tariff introduction on 28-2-1986 but before 1-3-1988. The appellant, M/s. India Foils Ltd., classified the goods under 7613.90, approved by the Assistant Collector of Central Excise, while the Collector of Central Excise (Appeals) classified them under 7605.90 as strips. The key contention was whether the cablewraps, manufactured from duty paid strips, should be classified under 7613.90 or 7605.90.

The appellant argued that their raw material, duty paid strips, underwent processes to become cablewraps, making them correctly classifiable under 7613.90 as approved earlier. They emphasized the differences in tariff entries pre and post 1-3-1988 under Chapter 76. The respondent contended that the wide scope of 7605.90 covered cablewraps, irrespective of the raw material used, as they were dutiable under the same sub-heading.

The Tribunal examined the manufacturing process of cablewraps, involving purchasing duty paid aluminum foilstock, cold rolling into 0.2 mm strips, annealing, laminating with LDPE or copolymer films, slitting, and dispatching. The Tribunal noted that the laminated strips did not qualify as specified aluminum articles and, based on the definition of "strip" under Heading No. 7605, concluded that cablewraps were rightly classifiable under 7613.90.

Further, the Tribunal highlighted the change in the tariff entry post 1-3-1988, where the scope of "other articles of aluminum" was limited. Considering all facts and interpretations, the Tribunal disagreed with the Collector's classification under 7605.90 and upheld the initial classification under 7613.90 for cablewraps. Consequently, the appeal was allowed in favor of the appellant, M/s. India Foils Ltd.