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2002 (9) TMI 349

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..... Order per : S.S. Sekhon, Member (T)]. - The appellant is a manufacturer of, inter alia, of electrical capacitors. The question that, arises for determination in this case is whether goods made out of 99% aluminium, described as components for the manufacture of variable capacitors in the invoice and in the Bill of Entry as Rotor Plate, Stator Plate, Trimmer Rotor Plate, Trimmer Stator Plate .....

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..... ed. 3. We have heard both sides and considered the material and find :- (a) The lower authority has given a specific finding after inspecting the samples as follows :- The CTH 7606 covers Aluminium Plates, Sheets and Strips of a thickness extending 0.2 MM. The samples produced do not appeal to be Plate, Sheets or Strips. The samples produced are in the form of parts/components with defi .....

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..... e relevant notes 2(a), 2(b) of Section XVI of the Tariff concluded that the benefit of Notification which was available was only on goods which were classifiable under Chapter 76 as specified in Column 2 of the Table to the Notification and since the goods in this case were correctly classifiable under Heading 8532.90, the benefit of the Notification 88/94 was not applicable and the recommendation .....

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..... provided they do not assume the character of articles or products of other headings....... Therefore, even if the products are flat shaped and are other than rectangular or square, if they have assumed the character of articles or products of other headings, they will not be eligible for classification under Heading 7606 or/and 7607, even if they are surface worked, drilled, perforated, corruga .....

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