2000 (11) TMI 952 - AT - Central Excise

Summary

Issues:
Classification of 'copper complex' under Tariff sub-heading (TSH) 2922.00 or 3204.29.

Analysis:
The dispute in this appeal revolves around the classification of a 'copper complex' manufactured by the respondents under Tariff sub-heading (TSH) 2922.00 or 3204.29. The Assistant Collector initially classified the product under TSH 3204.29, while the Collector (Appeals) classified it under TSH 2922.00. The key contention was whether the product should be classified as a synthetic organic dye under TSH 3204.29 or as an oxygen-function amino compound under TSH 2922.00. The Chemical Examiner's report described the product as an aqueous ammoniacal solution of copper complex, an oxygen-function amino compound, leading to the initial classification under TSH 2814.00. However, subsequent arguments emphasized the product's usage in dyeing textile fabrics, which influenced the classification under TSH 3204.29 by the Assistant Collector. The lower appellate authority, after considering technical information and expert opinions, concluded that the product was correctly classifiable under TSH 2922.00 as an oxygen-function amino compound.

Upon careful examination of the records and arguments presented, it was noted that the respondents' claim for classification under TSH 2922.00 was raised for the first time before the lower appellate authority. The product's composition, as per the Chemical Examiner's report, indicated characteristics of an organic compound falling under Chapter 29 of the Central Excise Tariff Schedule. The respondents' assertion that the product was inorganic contradicted its classification under TSH 2922.00, which specifically covered oxygen-function amino compounds. Expert opinion further clarified that the product, primarily a coordination complex, was not a synthetic organic derivative but rather an inorganic product, aligning with the classification under Chapter 29.

The Tribunal considered the arguments put forth by both sides, including the reliance on a previous decision by the Government of India, which was subsequently set aside by the Gujarat High Court. The need for fresh consideration of the classification issue was emphasized, highlighting discrepancies in expert opinions and the necessity for technical literature and evidence to support the classification decision. Consequently, the Tribunal allowed the appeal by remanding the case to the Assistant Commissioner for a thorough reevaluation, directing the consideration of all available expert opinions and chemical literature to determine the appropriate classification of the 'copper complex' under either TSH 3204.29 or TSH 2922.00. The parties were instructed to provide detailed chemical formula and structure information for a comprehensive assessment, ensuring a fair and informed decision on the classification issue.