1984 (6) TMI 238 - AT - Customs

Summary

Issues: Classification of imported extruded graphite rounds under the Customs Tariff Act, 1975.

Analysis:
1. Issue: Classification under Heading 38.01/19(4) or heading 68.01/16 of the Customs Tariff Act.
- The dispute revolved around whether the extruded graphite rounds imported by the appellants should be classified under Heading 38.01/19(4) as "artificial graphite" or under heading 68.01/16 as "articles of other mineral substances, not elsewhere specified or included."

2. Appellants' Argument:
- The appellants clarified that they were not seeking classification under a different heading related to natural graphite as their goods were rounds of artificial graphite, not moulds. They insisted that the classification should be based on the condition of the goods at the time of importation.

3. Department's Position:
- The Department argued that the goods were artificial graphite and should be classified under Chapter 68 of the Customs Tariff Act, as they were considered finished articles of graphite. The Department's representative contended that moulds and rounds were essentially the same.

4. Decision:
- After careful consideration, the Tribunal found that both parties agreed the goods were semi-manufactures of graphite. It was acknowledged that semi-manufactures of graphite fell under Chapter 38, while finished articles of graphite belonged in Chapter 68. The Tribunal noted that the Explanatory Notes under the CCCN clarified that the list of graphite varieties was not exhaustive.

5. Conclusion:
- The Tribunal determined that since the imported rounds were semi-manufactures used by the appellants to manufacture moulds, they should be classified under heading 38.01/19(4) of the Customs Tariff Act. The Tribunal allowed both appeals in favor of the appellants, granting them consequential relief.