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of <h1>Supreme Court reclassifies imported manganese ore, emphasizing nature and form.</h1> <h3>UNION CARBIDE INDIA LTD. Versus COLLECTOR OF CUSTOMS, MADRAS</h3> UNION CARBIDE INDIA LTD. Versus COLLECTOR OF CUSTOMS, MADRAS - 1997 (89) E.L.T. 444 (S.C.) Issues:1. Classification of imported manganese ore under Customs Tariff Act, 1975.2. Interpretation of relevant provisions of the Tariff.3. Applicability of different headings under the Tariff for classification.Analysis:The Supreme Court dealt with the issue of classifying imported manganese ore under the Customs Tariff Act, 1975. The Revenue sought to levy Customs duty under Heading 25.01/32(3), while the appellants contended that it fell under Heading 26.01(1). The Tribunal concluded that the manganese ore was natural battery grade manganese dioxide classifiable under Heading 25.02/32(3). The Court examined the provisions of the Tariff, noting that Chapter 25 applies to goods in a crude state or washed but not subjected to specific processes. Heading 25.01/32(3) pertains to mineral substances, including battery grade manganese dioxide. Chapter 26 defines metallic ores used in the metallurgical industry. The Court referred to a previous judgment involving similar goods and classifications to analyze the present case.The Court referenced a previous judgment where imported goods were classified based on their form and purification process. The judgment clarified that if goods were not in a crude form but purified or upgraded, they would fall under a different heading. In the current case, the Court emphasized that the manganese ore could not be classified under Heading 25.01/32(3) due to its nature and form. The Revenue's argument that the ore belonged to that heading was rejected. The Court highlighted that the most appropriate classification for the manganese ore was under Heading 26.01(1) based on its minerological species and metallic content.In conclusion, the Court allowed the appeals, setting aside the Tribunal's judgments and orders. The manganese ore was to be classified under Heading 26.01(1) as per the appellants' suggestion. No costs were awarded in this matter. The judgment provided a detailed analysis of the Tariff provisions, previous case law, and the specific nature of the imported manganese ore to determine its correct classification under the Customs Tariff Act, 1975.
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