2007 (4) TMI 263 - SC - Central Excise

Whether plastic name plates can be considered parts and accessories of motor vehicles? - Held that - The manufacturers of different type of models of vehicles market them under a name and the vehicles are recognized and referred to by the name plate affixed on them. Name plates convey to the consumers the distinct features it carries. Undoubtedly they add effectiveness and value to the vehicle and are at the very least accessories of the vehicle. Thus, even if there was any difficulty in the inclusion of the plastic name plates as parts of the motor vehicles, they would most certainly have been covered by the broader term accessory . In this view of the matter, we are of the opinion that the Tribunal has erroneously come to the conclusion that plastic name plates are not parts and accessories of motor vehicles for the purposes of headings 87.08 and 87.14. Since plastic name plates are parts and accessories of motor vehicles and since they are not excluded from the Section XVII, the appropriate classification is under headings 87.08 and 87.14. Appeal allowed.

Issues Involved:
1. Classification of 'plastic name plates' as 'parts and accessories' of motor vehicles under headings 87.08 and 87.14 or as 'other articles of plastics' under heading 39.26.
2. Exclusion of 'plastic name plates' from headings 87.08 and 87.14 based on the Explanatory Notes to the Harmonized Commodity Description and Coding System (HSN).

Issue-wise Detailed Analysis:

Issue No. 1: Classification of 'Plastic Name Plates'
The primary issue for determination is whether 'plastic name plates' can be classified as 'parts and accessories' of motor vehicles under headings 87.08 and 87.14 or as 'other articles of plastics' under heading 39.26. The Tribunal had earlier rejected the appellant's claim, stating that a motor vehicle is complete without the affixation of emblems or name plates and that these do not qualify as parts of the vehicle. The Tribunal also noted that since the name plates were made of plastics, they should be classified under heading 39.26.

The appellant argued that the name plates are solely and exclusively used for motor vehicles, sold only to vehicle manufacturers, and are permanently affixed to the vehicles from the assembly line. The appellant cited previous cases and departmental circulars to support the claim that items less necessary than name plates had been classified as parts and accessories of motor vehicles.

The court examined the definitions and previous rulings on the term 'accessory,' noting that an accessory is supplementary or subordinate and need not be essential for the product's functioning. The court observed that name plates add to the convenience and effectiveness of motor vehicles by providing identity and distinct features to the vehicles. Thus, the court concluded that name plates qualify as accessories of motor vehicles and should be classified under headings 87.08 and 87.14.

Issue No. 2: Exclusion Based on Explanatory Notes
The second issue is whether plastic name plates are excluded from Chapter 87 based on the Explanatory Notes in the HSN. The Revenue argued that the Explanatory Notes to Section XVII, which includes Chapter 87, exclude plastic name plates from this section, requiring their classification under Chapter 39. The relevant notes state that parts and accessories do not apply to articles of plastics similar to those defined as parts of general use in Chapter XV.

The court examined the language of Note 2(b) and the reference to Chapter 39. It found that while base metal name plates are specifically excluded under Chapter XV, no such specific exclusion exists for plastic name plates in Chapter 39. The court concluded that the reference to Chapter 39 controls the scope of "similar goods of plastics," and since no specific headings for name plates exist in Chapter 39, plastic name plates cannot be excluded from Chapter 87.

Conclusion:
The court concluded that plastic name plates are 'parts and accessories' of motor vehicles and are not excluded from Section XVII. Therefore, the appropriate classification is under headings 87.08 and 87.14. The appeal was allowed, and there was no order as to costs.

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