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2000 (8) TMI 569

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..... er. 2. Shri A.R. Madhav Rao, learned Advocate mentioned that Heading 34.02 deals with organic surface active agents, other than soap; surface active preparations, washing preparations including auxiliaray washing preparations and cleaning preparations; that Heading 34.05 deals with polishes and creams for footwear, furniture, floors or metal coverings and powders and similar preparations excluding wax of Heading No. 34.04; that Heading 34.05 specifically deals with polishes and creams for footwears and goods in question are specific preparations for footwear which is used not only for scouring, for polishing or shampooing of shoes; that the Notes to Chapter 34 do not define the word similar preparations and Note 2 categorically states t .....

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..... e definition of word scour as given in the Great Family Encyclopedic Dictionary according to which scour means cleanse or brighten by friction; clean out by flushing with water, or (of water) by flowing through or over; purge drastically; clear (rust stain) away, off, by rubbing etc. He also referred to the definition in Chambers English Dictionary according to which scour means To clean, polish, remove or form by hard rubbing; to scrub; to cleanse; free from grease, dirt or gum.... and contended that the word polish is definitely part of scouring and the impugned goods may fall under Sub-heading 3405.40 of CETA. 3. Countering the submissions, Shri S.P. Rao, learned DR, submitted that shoe shampoo, manufactured by the Appellants .....

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..... Caster Oil, fish oil or sperm oil 3402.90- Other 34.05 Polishes and creams, for footwears, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, non-wovens, cellular plastics or cellular rubber, impregnated coated or covered with such preparations), excluding waxes of heading No. 34.04. 3405.10- Polishes, creams and similar preparation for footwear or leather. 3405.40- Scouring pastes and powders and other scouring preparations. 5. The impugned product does the function of cleaning the shoes and removes the dirt from the shoe. Washing preparations and cleaning p .....

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