1990 (6) TMI 144 - AT - Customs

Summary

Issues:
Classification of imported product under Chapter 29 or Heading No. 33.02.

Detailed Analysis:

Classification under Chapter 29:
The case involved the classification of an imported product named ABBALIDE under Chapter 29 or Heading No. 33.02 of the Customs Tariff Act. The Customs authorities initially classified the product under Chapter 29 but later contended that it should be classified under Heading 33.02. The appellants sought clearance under Open General License as actual users. A sample of the product was tested in the Customs laboratory, revealing it to be a solution of an aromatic chemical in Diethyl Phthalate. The Deputy Collector of Customs held that the product should be classified under Heading 33.02, and the Collector (Appeals) upheld this classification. The appellants appealed to the Tribunal against this decision.

Basis of Allegations and Laboratory Test:
The show cause notice lacked a clear basis for the allegations against the appellants. The laboratory test on the sample confirmed that the product was a single aromatic chemical in an organic solvent. The appellants raised concerns about a technical opinion referenced in the test report, which was not disclosed to them by the authorities. Despite this, the Collector (Appeals) did not consider their request to obtain the technical opinion.

Interpretation of Chapter Note 1 (e) to Chapter 29:
The appellants argued that the product, being an aromatic chemical dissolved in an organic solvent, met the criteria of Chapter Note 1 (e) to Chapter 29. They presented technical literature showing the product's application in perfumery and its dilution with solvent solely for handling purposes. The literature also highlighted that the solvent did not render the product particularly suitable for specific use. The Tribunal agreed with this interpretation, stating that the solvent did not make the product specific for a particular use.

Classification under Heading No. 33.02:
The Department contended that the product should be classified under Heading No. 33.02 as a mixture of odoriferous substances with a basis of one or more of these substances used as raw materials in industry. However, the appellants argued that the product contained only one odoriferous substance and the solvent was virtually odorless. The Tribunal concurred with this argument, stating that the product did not meet the requirements of Heading No. 33.02.

Decision and Remand:
The Tribunal set aside the Collector (Appeals)'s order and remanded the matter to the Assistant Collector for re-examining the classification of the product under Chapter 29. Both parties were to be given an opportunity to represent their case before a final decision on the appropriate classification within Chapter 29 was made.