2003 (11) TMI 463 - AT - Central Excise

Imported potato chips labeling not manufacturing activity under Central Excise Tariff Act

The Tribunal rejected the Revenue's appeal regarding the classification of imported potato chips, emphasizing that affixing stickers did not constitute ... Manufacture Issues:Classification of imported products under Central Excise Tariff Act; Application of Note 3 to Chapter 19/20; Interpretation of labeling and re-labeling processes as manufacturing activities.Classification of imported products under Central Excise Tariff Act:The appeal by the Revenue was against an Order-in-Original that did not confirm the demand of duty of Excise against the importer. The products in question were imported potato chips with affixed stickers containing necessary information. The Revenue sought to classify the products under sub-heading 2001.10, but the Commissioner classified them under sub-heading 1905.90 and dropped the duty demand. The Tribunal refrained from deciding the classification issue but emphasized that Note 3 to Chapter 19/20 was not applicable based on a previous decision. The Tribunal cited a case where the mere affixing of stickers did not amount to labeling or re-labeling, which are deemed manufacturing processes. The Tribunal also noted that the Central Board of Excise & Customs had a similar stance for imported medicines. The appeal was rejected as the processes undertaken by the importer did not constitute manufacturing activities.Application of Note 3 to Chapter 19/20:The Tribunal's decision highlighted that Note 3 to Chapter 19/20 was not attracted in this case based on a precedent where it was established that affixing stickers did not qualify as labeling or re-labeling, which are considered manufacturing processes. This interpretation was crucial in determining the applicability of duty demand and the classification of the imported products. The Tribunal's reliance on past decisions and the stance of the Central Board of Excise & Customs reinforced the conclusion that the processes undertaken by the importer did not amount to manufacturing activities, leading to the rejection of the Revenue's appeal.Interpretation of labeling and re-labeling processes as manufacturing activities:The Tribunal's analysis delved into the interpretation of labeling and re-labeling processes as manufacturing activities. By referencing a specific case and the stance of the Central Board of Excise & Customs, the Tribunal established that merely affixing stickers with necessary information did not transform the products into new entities through manufacturing. This interpretation was pivotal in determining the outcome of the appeal and served as a guiding principle for future cases involving similar circumstances. The Tribunal's decision provided clarity on the distinction between manufacturing processes and routine labeling activities, ultimately influencing the resolution of the dispute and the imposition of excise duty.