The case pertains to the classification of imported goods, ...

Customs dispute over cement additive classification - authority's justification lacking.

December 2, 2024

Case Laws     Customs     AT

The case pertains to the classification of imported goods, specifically 'prepared additives for cements, mortars or concretes', for the purpose of determining the applicable customs duty. The key issues and holdings are as follows: 1. The first appellate authority had affirmed the classification of the goods under tariff item 3505 1090 of the First Schedule to the Customs Tariff Act, 1975, but the Tribunal found this classification lacking in justification and support. 2. The appellant claimed that the product should be classified under heading 3824 of the First Schedule, as it is exclusively used as an additive to cement and mortar, but this claim was not examined by the authorities. 3. The Tribunal held that heading 3824 is not a residuary heading, and according to Rule 3 of the General Rules for Interpretation of the Import Tariff, the specific description in the heading should prevail over any less specific description. 4. While the show cause notice proposed to alter the classification at the sub-heading level, the Tribunal observed that it was obligatory to isolate the relevant tariff item within such classification with appropriate justification, which was lacking in the present case. 5. The Tribunal set aside the impugned orders and remanded the matter back to the respective original authorities for fresh adjudication, directing them to carry out a comprehensive determination.

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