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1997 (8) TMI 276

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..... spondent. [Order per V.P. Gulati, Vice President]. - The issue in the appeal relates to the classification of the steel tubes imported by the appellants which have been assessed by the learned lower authority under Tariff Heading 73.17/19(1)(i) read with Notification 38/84. The appellants have sought for the classification of the same under Tariff Heading 73.17/19(1)(ii). Tariff entries 73.17/1 .....

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..... al kind to facilitate the drilling operations requiring a longer penetration. He has pleaded that the pieces of the tubes imported function as a shank at the one end of which the drill bit is fixed while at other end the arrangement for fixing the drill piece into the machines is provided. He has pleaded that inasmuch as the Tariff Heading 73.17/19(1)(ii) covers drilling tubes and pipes the appell .....

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..... apart from providing a length for the drill bit, it does not provide any function with reference to the purpose for which the drilling is done. 4. In a rejoinder, the learned representative of the appellants has pleaded that through the hallow portion of the tube in the case of operations carried out indepth, the coolant is poured at very high pressure to facilitate the cooling of the bit a .....

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..... r of the drilling pipes as understood in the technical literature. The appellants have not been able to show that their pipes are known in the trade as drilling pipes. Their claim to the assessment as claimed by them is only for the reason that since the tube is specially designed and intended for use with the drill, it should be treated as a drilling tube. We are afraid, just because the tube is .....

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