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TMI Blog2016 (11) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... tsoever is on the record to substantiate the claim that stainless steel of 316L grade comes of premium of US$300PMT as compared to 304L grade variety. Without any evidence such assertions is unsubstantiated and liable to be rejected. Stainless Steel circle imported by the appellant are cut pieces of approx. half kg each. The LME price of CR coils of stainless steel has been taken for comparison. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese circles can be used as such and therefore cannot be treated as scrap. The material was held to be 316L grade and the declared value was US$885/- PMT CIF. It was alleged that the Stainless Steel Scraps of 305 grade was noticed for import at the rate US$715 PMT CIF and the scrap of 316L grade is about US$275-300 PMT more expensive than mat of 305 grade. Furthermore it was held that the LME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s allowed. 3. Ld. Counsel argued that no evidences has been produced that the grade 316 L is superior to grade 304L and commands a premium of US$275 TO 300 PMT. He further argued that circle imported by them are cut pieces and cannot be compared the premium CR coils of stainless steel. It was argued that these circle less than = kg each are not prime material by any standard. 4. Ld. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el circle imported by the appellant are cut pieces of approx. half kg each. The LME price of CR coils of stainless steel has been taken for comparison. CR Coils are prime product of continuous length. Comparison of the circle of stainless steel to prime product namely CR Coil is incorrect and cannot be allowed. In view of the above impugned order is set aside and appeal is allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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