1987 (12) TMI 285 - AT - Customs

Customs classification of Crystex 20 upheld as insoluble sulphur under Chapter 25

The tribunal concluded that the classification of Crystex 20 (insoluble sulphur) for customs purposes under Chapter 25, heading 25.01/32(10) was ... Classification Issues Involved:1. Classification of Crystex 20 (insoluble sulphur) for customs purposes.2. Applicability of Chapter 25 vs. Chapter 38 of the Customs Tariff Act, 1975.3. Interpretation of relevant legal provisions and tariff rules.Issue-wise Detailed Analysis:1. Classification of Crystex 20 (insoluble sulphur) for customs purposes:The core issue in these appeals by Revenue is the classification of Crystex 20, described as insoluble sulphur, for customs purposes. The respondents claim it falls under Chapter 25, heading 25.01/32(10) (Mineral substances not elsewhere specified, including sulphur), while the appellants argue it should be classified under Chapter 38, heading 38.01/19 (Miscellaneous Chemical products).2. Applicability of Chapter 25 vs. Chapter 38 of the Customs Tariff Act, 1975:The competition for classification is between Chapter 25 and Chapter 38, as both parties agree that classification under Chapter 28 is ruled out. The Collector of Customs, Bombay, in the impugned order, classified the goods under Chapter 25, heading 25.01/32(10), stating that even if treated with oil, the product remains insoluble sulphur. This classification would allow the goods to earn exemption under notification No. 48/79-Cus. as amended.3. Interpretation of relevant legal provisions and tariff rules:The Revenue's argument, supported by the opinion of the Chief Chemist, is that the oil-treated insoluble sulphur should be classified as a chemical under heading 38.01/19(1). They argue that the treatment with oil makes the product one step ahead of crude sulphur, thus meriting classification under Chapter 38. They also refer to Note 1 of Chapter 25, which applies to goods in the crude stage, and argue that oil-treated insoluble sulphur does not fit this category.The respondents counter this by arguing that treatment with oil is not a chemical reaction and does not change the essential nature of the sulphur. They rely on Note 1 of Chapter 25, which permits certain treatments without changing the product's structure. They also refer to Rule 3(b) of the rules of interpretation, arguing that the essential character of the goods is given by the insoluble sulphur, not the oil.Relevant Literature and Expert Opinions:The judgment extensively refers to various sources, including the KIRK-OTHMER Encyclopedia of Chemical Technology, ASTM standards, and other scientific literature, to explain the nature and usage of insoluble sulphur. The literature consistently describes insoluble sulphur as a form of sulphur used primarily in the rubber industry, which remains insoluble in rubber and prevents sulphur bloom.Legal Provisions and Notes:Chapter 25 specifically includes insoluble sulphur under heading 25.01/32(10). Note 1 of Chapter 25 allows for certain treatments, such as washing with chemical substances, without changing the product's structure. The tribunal finds that the treatment with oil does not take the product out of Chapter 25. Note 2(a) of Chapter 25 and Note 2 of Chapter 28 are also considered, but they do not affect the classification under Chapter 25.Rules of Interpretation:Rule 3 of the Rules of Interpretation is crucial in this case. Rule 3(a) states that the heading providing the most specific description should be preferred. Since Chapter 25 specifically mentions insoluble sulphur, it is more specific than the general description under Chapter 38. Rule 3(b) supports this by stating that the essential character of the goods should determine the classification, which in this case is given by the insoluble sulphur.Conclusion:The tribunal concludes that the classification under Chapter 25, heading 25.01/32(10), is more appropriate and dismisses the appeals. The essential character of the product is given by the insoluble sulphur, and the treatment with oil does not change this. Therefore, the goods should be classified under Chapter 25, allowing them to benefit from the relevant customs exemption.