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2005 (9) TMI 342 - CESTAT, MUMBAIExtract: .......cability of Note 5 to the fabric in question. Since prima facie the applicants have shown that the disputed fabrics are covered by Note 5(c) to Chapter 59, prima facie their goods cannot fall for classification under Heading 59.07. We therefore waive pre-deposit of duty and penalty and stay recovery thereof pending the appeal. (Pronounced in Court)
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