1992 (1) TMI 222 - AT - Customs

Appellate Tribunal rules on classification dispute: Textile goods for machinery rightly classified under Customs Tariff Act.

CONWAY PRINTERS PVT. LTD. Versus COLLECTOR OF CUSTOMS

The Appellate Tribunal CEGAT, New Delhi, ruled in favor of the appellants in a dispute over the classification of imported goods under the Customs Tariff ... Classification Issues: Classification of imported goods under Customs Tariff Act, 1975 - Heading 59.01/15 or Heading 59.16/17.In this judgment by the Appellate Tribunal CEGAT, New Delhi, the appellants contested the order of the Collector (Appeals) rejecting their refund application related to the classification of imported goods. The goods, declared as 'Hydrovelour ductoplast damping hoses,' were assessed under Heading 59.01/15 of the Customs Tariff Act, 1975, contrary to the appellants' claim for assessment under Heading 59.16/17. The lower authorities classified the goods as textile hose pipings under Heading 59.01/15 based on the description provided by the importers, stating they were made of rubber and textile fabric. The appellants argued that the items were actually dampening rollers used in machines and should be classified under TI 59.16/17 for textile articles commonly used in machinery or plant. They highlighted the function of the items in transferring moisture from water ducts to the plate in machines. The appellants presented literature describing the items as dampener roller covers made of textile material, not rubber. They emphasized that the items were not hoses for conveying fluids but served the purpose of dampening in offset printing machines. The tribunal analyzed the literature and function of the imported items, concluding that they fell under Heading 59.16/17 as textile articles commonly used in machinery or plant, allowing the appellants' claim and granting consequential relief.This judgment primarily revolves around the correct classification of the imported goods under the Customs Tariff Act, 1975, specifically whether they should be categorized under Heading 59.01/15 as textile hose pipings or under Heading 59.16/17 as textile articles commonly used in machinery or plant. The dispute arose from the discrepancy between the appellants' claim and the lower authorities' classification based on the description provided at the time of import. The tribunal carefully considered the arguments presented by both sides, focusing on the nature and function of the imported items to determine their appropriate classification.The appellants contended that the imported items, described as dampening rollers in their literature, were not hoses for conveying fluids but served the purpose of dampening moisture in machines. They emphasized that the items were made of textile material, not rubber as erroneously stated by the lower authorities. By analyzing the literature and function of the items, the tribunal agreed with the appellants' argument, concluding that the items fell under Heading 59.16/17 for textile articles commonly used in machinery or plant. The tribunal highlighted that the imported items acted as dampening materials in offset printing machines, supporting their classification under the relevant tariff heading.The judgment delves into the detailed descriptions and functions of the imported items, emphasizing the distinction between textile hose pipings and textile articles commonly used in machinery or plant. By examining the literature provided by the appellants and the actual function of the items, the tribunal concluded that the items were correctly classified under Heading 59.16/17. The decision highlights the importance of accurately interpreting the nature and purpose of goods for their correct classification under the Customs Tariff Act, ensuring adherence to the appropriate tariff headings based on the characteristics and usage of the items in question.