1984 (6) TMI 235 - AT - Customs

Summary

Issues: Classification of imported product under the Central Excise Tariff Schedule

In this judgment by the Appellate Tribunal CEGAT NEW DELHI, the issue involved is the correct classification of an imported product, "Alkali Blue Flushing," under the Central Excise Tariff Schedule (CET). The appellants contended that the product should be classified under Item No. 14-I(i)(ii) of the CET, while the Revenue argued for a different classification based on the method of application and solubility of the product.

Detailed Analysis:

The appellants imported "Alkali Blue Flushing," which was charged additional customs duty by the Madras Customs authorities under Item No. 14-D of the CET. The appellants argued that the product was not usable in any dyeing process as it was insoluble in water for application to the material to be dyed. They contended that the correct classification should be under Item No. 14-I(i)(ii) of the CET. However, this claim was rejected by the Assistant Collector, and the subsequent appeal also did not succeed, leading to the challenge of the Appellate Collector's order before the Tribunal.

During the hearing, the appellants' Counsel argued that the imported product was neither soluble in water nor in oil, and it was used for enhancing the brightness of printing ink, not for dyeing purposes. The Counsel relied on previous Tribunal orders to support their contention regarding the classification of the product.

The Revenue, represented by Shri V. Lakshmikumaran, emphasized the distinction between pigments and pigment dyestuffs based on the method of application. Referring to previous Tribunal decisions, it was argued that since the product did not dissolve in the application medium, it should be classified as a pigment rather than a dye pigment.

After considering the submissions, the Tribunal highlighted the distinction between pigments and dyestuffs, emphasizing that pigments remain suspended or dispersed in the medium of application, while dyestuffs dissolve in the medium. The Tribunal also noted that the solubility of the product in the medium was not the sole factor for classification, and the manner of action in the actual coloring process was crucial. The Tribunal explained that the product in question, "Alkali Blue Flushing," was a pigment used for enhancing the brightness of printing ink, which did not constitute a dyeing process, leading to its correct classification under Item No. 14-I(i)(ii) of the CET.

In conclusion, the Tribunal allowed the appeal, directing consequential relief to the appellants within three months from the date of the order. The judgment clarified the classification of the imported product based on its properties, application, and the nature of the coloring process involved, highlighting the distinction between pigments and dyestuffs in determining the appropriate classification under the Central Excise Tariff Schedule.