1991 (10) TMI 125 - AT - Customs

Tribunal rules in favor of classifying imported goods as prepared chemicals, not acrylic polymers.

CLASSIC PLASTICS (P) LTD. Versus COLLECTOR OF CUSTOMS

CLASSIC PLASTICS (P) LTD. Versus COLLECTOR OF CUSTOMS - 1992 (58) E.L.T. 297 (Tribunal) Issues: Classification of imported goods as prepared chemicals or acrylic polymers under Customs and Central Excise Tariff Act.In this case, the appellants sought classification of imported goods, 'Metablen P-551 (acrylic processing aid)' and 'Metablen C-201 (acrylic modifier),' as prepared chemicals under sub-heading 3823.90 of the Customs Tariff Act and 3823.00 of the Central Excise Tariff. On the other hand, the Department argued for classification as acrylic polymers under Heading 3906.90. The dispute arose from the conflicting interpretations of the nature of the imported goods, with the Department contending that they were acrylic polymers based on test results confirming thermoplastic properties. The appellants, however, maintained that the goods were prepared chemicals, emphasizing their usage as processing aids and impact modifiers in plastic manufacturing. The lower appellate authority upheld the classification as acrylic polymers, primarily relying on the test report. The key contention revolved around whether the imported goods should be classified as prepared chemicals or acrylic polymers under the relevant tariff headings.During the hearing, the Bench requested information regarding the chemical composition and manufacturing process of the imported goods. The appellants argued that such details were trade secrets not disclosed by the supplier. The Department, unable to provide remnant samples or conclusive information on the goods' shelf life, raised concerns about the lack of clarity on the role of the goods in plastic manufacturing. The matter was adjourned to enable the Department to obtain and present analytical data related to the products. Subsequently, the Department submitted queries to the Chemical Examiner, resulting in a test report that described the goods' properties but did not definitively classify them as prepared chemicals or acrylic polymers. The All India Plastics Manufacturers' Association provided a certificate asserting that processing aids and impact modifiers are not basic plastic raw materials but chemicals used in small percentages to enhance product properties, supporting the appellants' argument for classification as prepared chemicals.The Collector of Customs (Appeals) relied on chemical dictionaries to classify the goods as polymers under Heading 3906.90, emphasizing the presence of multiple monomers. However, the test report only identified the goods as having acrylic characteristics without a clear classification. The Department's inability to conclusively determine the goods' classification under Chapter 38 or Chapter 39 raised doubts about the accuracy of the classification as acrylic polymers. The Tribunal concluded that the burden of proof for classification had not been met by the Department, leading to the setting aside of the impugned order and allowing the appeals in favor of classifying the goods as prepared chemicals rather than acrylic polymers under the relevant tariff headings.In summary, the case centered on the classification of imported goods as prepared chemicals or acrylic polymers, with the Department advocating for the latter based on test results indicating thermoplastic properties. However, the Tribunal found the evidence inconclusive and ruled in favor of classifying the goods as prepared chemicals, emphasizing the lack of definitive proof supporting the classification as acrylic polymers under the applicable tariff headings.