Industrial-use imported sealant and thinner were treated as free import goods, not consumer goods, despite small packing.

Imported sealant and thinner were held to be industrial-use goods rather than consumer goods because their character depended on intended application, not packing alone. Technical literature and the importer's explanation showed that the products were heat-resisting sealing compound and thinner used in vehicle manufacturing for heavy-duty engines and turbines, so they were not meant for direct human consumption or ordinary consumer use. They therefore fell within the free import category and did not require a specific import licence under the Exim Policy, 1992-97.

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Issues: Whether the imported sealant and thinner were consumer goods requiring a specific import licence under the Exim Policy, 1992-97, or goods for industrial use falling under the free import category.

Analysis: The authorities below treated the goods as consumer goods mainly on the basis of their small packing. The deciding factor was whether the goods satisfied human needs or were meant for industrial application. The technical literature and the importer's explanation showed that the goods were heat resisting sealing compound and thinner used in the vehicle factory for manufacture of heavy duty engines and turbines. Packing alone was not conclusive of the character of the goods, and the material on record established that the goods were intended for industrial use and not for direct human consumption or ordinary consumer use.

Conclusion: The goods were not consumer goods and did not require a specific import licence. They were classifiable under the free import category under entry No. 3814.00.09.90 of the ITC (HS) classification, 1992-97.

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