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Issues: Whether natural rubber latex imported in liquid form with solid content could be treated as natural raw rubber for the purposes of Notification No. 21/85-Cus dated 1-2-1985, so as to claim exemption from customs duty in excess of 20% and the whole of additional duty.
Analysis: The tariff scheme treated rubber as including latex in primary forms, and the technical material relied on showed that natural rubber latex is obtained from Hevea brasiliensis, contains suspended rubber globules, and can be used as a raw material in its own right for manufacture of rubber products. The presence of a separate notification covering latex did not compel a narrow reading of the notification granting higher concession for natural raw rubber. Since the imported goods retained the character of raw material and fell within the broader tariff understanding of natural rubber in primary form, they answered the description of natural raw rubber.
Conclusion: The imported natural rubber latex was covered by Notification No. 21/85-Cus dated 1-2-1985, and the assessee was entitled to the claimed concessional assessment.