1992 (9) TMI 234 - AT - Customs

Summary

Issues:
1. Interpretation of customs duty exemption notifications for specific chemicals.
2. Whether L-Lysine Mono Hydrochloride qualifies for exemption under Notification 40/89.
3. Jurisdiction of the Chemical Examiner in determining eligibility for exemption.
4. Applicability of the amending Notification 223/89.
5. Consideration of technical references like the Merck Index in customs matters.

Analysis:
1. The appeal involved the interpretation of customs duty exemption notifications for specific chemicals. The appellants imported a consignment of 'L-Lysine HCL (Feed Grade)' and claimed exemption under Notification 40/89-Cus. The Department contended that the goods were not eligible for exemption as L-Lysine Mono Hydrochloride was not included in the initial notification but was added later through Notification 223/89. The dispute centered on whether the two chemicals, L-Lysine and L-Lysine Mono Hydrochloride, were distinct for the purpose of the exemption.

2. The Assistant Collector and the Collector (Appeals) held that L-Lysine and L-Lysine Mono Hydrochloride were not the same, and the importer did not qualify for the exemption as they were not manufacturers of Poultry Feed. The Chemical Examiner opined that both chemicals shared the same active ingredient, Lysine. The appellants argued that the subsequent amending Notification 223/89 was clarificatory and that L-Lysine Mono Hydrochloride should be granted the exemption.

3. The jurisdiction of the Chemical Examiner in determining the eligibility for exemption was questioned by the Department, citing the case law precedent. The Chemical Examiner's opinion was considered in the context of the technical references like the Merck Index, which highlighted the distinction between L-Lysine and L-Lysine Mono Hydrochloride. The Department emphasized strict construction of the exemption notification based on clear wording and legal precedents.

4. The Tribunal analyzed the timeline of events and the applicability of the amending Notification 223/89. It noted that the Entry Inwards for the goods was granted before the inclusion of L-Lysine Mono Hydrochloride in the exemption notification. The Tribunal observed that the amending notification consciously added two more chemicals, including L-Lysine Mono Hydrochloride, indicating an extension of coverage rather than a clarification of existing terms.

5. Ultimately, the Tribunal upheld the order of the Collector (Appeals), rejecting the appeal. It emphasized the weight given to the interpretation of statutes at the time of enactment and by relevant authorities. The decision highlighted the importance of considering the intention behind amendments to notifications and the significance of technical references in customs matters, such as the distinction between chemicals based on recognized sources like the Merck Index.