2002 (2) TMI 540 - AT - Central Excise

Tribunal classifies goods as zinc alloy under Tariff Act, rejects appeal on exclusion clause.

The Tribunal ruled in favor of the Revenue, classifying the goods as zinc alloy under sub-heading 7901.20 of the Central Excise Tariff Act. The Tribunal ... Classification Issues involved:Classification of goods as zinc dross or zinc alloy under the Central Excise Tariff Act.Detailed Analysis:1. Issue of Classification: The appeal concerns whether the goods in question, produced by a steel plant, should be classified as zinc dross under Heading No. 26.20 or as Zinc Alloy under sub-heading No. 7901.20 of the Tariff. The Appellant argues that the product, known as zinc dross, is a byproduct of the galvanization process and is sold for the recovery of pure zinc. The Assistant Commissioner classified a major portion of the product as unwrought Zinc Alloys under sub-heading 7901.20. The Appellant contends that the product does not meet the criteria for being classified as an alloy as per various definitions and explanatory notes.2. Arguments by Appellant: The Appellant's counsel emphasized that the product does not meet the definition of an alloy as it is not intentionally mixed to improve properties but is a byproduct of the galvanization process. They referred to definitions of alloy from metallurgy dictionaries and highlighted that the product is not a fixed composition alloy. The Appellant also pointed out that the Explanatory Notes under Heading 79.02 of the HSN specifically exclude residues from galvanization processes, which supports their classification argument under Heading 26.20.3. Arguments by Revenue: The Revenue argues that the product should be classified as zinc alloy under Heading 79.01 based on the predominance of zinc by weight and the total content of other elements exceeding 2.5%. They rely on previous decisions to support their classification, emphasizing that the product meets the criteria for zinc alloys as defined in the Tariff.4. Judgment: The Tribunal considered both arguments and analyzed the relevant provisions of the Central Excise Tariff Act. They noted that the product in question is a result of the galvanization process and is used as a basis for the manufacture of chemical compounds. The Tribunal found that the product conforms to the definition of Zinc Alloys as per the Tariff and ruled in favor of the Revenue's classification under Heading 79.01. They emphasized that classification should be based on the terms of the headings and chapter notes, and the exclusion clause in the Explanatory Notes below Heading 79.02 does not apply as the product is not ash or residue. Therefore, the appeal was rejected, upholding the classification of the goods as zinc alloy under sub-heading 7901.20 of the Central Excise Tariff Act.This detailed analysis covers the issues involved in the legal judgment regarding the classification of goods as zinc dross or zinc alloy under the Central Excise Tariff Act, providing a comprehensive overview of the arguments presented by both parties and the Tribunal's decision.