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2005 (7) TMI 181

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..... declared as moulds and dies vide bill of entry dated 26-12-1995. the goods were assessed as dies under Customs Tariff Heading 8477.90 and duty was charged at the rate of 25% + 15%. The importers claimed reassessment and consequential refund of duty paid on the ground that the goods were classifiable as moulds under Customs Tariff Heading 8480.10 and hence chargeable to duty at the rate of 25% + 1 .....

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..... to a malleable substance. Since the goods do not have a cavity to hold the material and since HSN Explanatory. Notes to heading 84.80 clearly show that the essential function of mould is to retain the material in the pre-determined shape while it sets, the goods in question which do not perform this functions clearly do not qualify as moulds. Therefore, the impugned order is correct and cannot be .....

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