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Issues: Whether the imported Uster Card Control 'L' and Uster 'M' Controller were classifiable under Headings 90.28 and 90.29 of the Customs Tariff Act, or under Heading 84.38 read with Heading 84.36 as claimed by the assessee.
Analysis: The imported equipment was found to be apparatus for automatically controlling the input speed of material fed to the carding machine and for maintaining sliver uniformity. The literature showed that the Uster Card Control 'L' controlled long-term variations in sliver count and the Uster 'M' Controller dealt with medium-term variations, and that both formed one complete system fitted on the carding machine. The Tribunal held that the goods were not merely accessories of the card clothing machine but were parts and accessories suitable for use solely or principally with machines falling under Heading 84.36, which covers machines used for processing textile fibres. The Department's classification under Headings 90.28 and 90.29 was therefore not accepted.
Conclusion: The goods were classifiable under Heading 84.38 read with Heading 84.36 of the Customs Tariff Act and not under Headings 90.28 or 90.29.
Final Conclusion: The assessee succeeded in the classification dispute and became entitled to consequential relief.
Ratio Decidendi: Where goods function as parts or accessories solely or principally designed for use with a machine falling under a specific tariff heading, their classification must follow that machine-based heading rather than a more general heading describing measuring or controlling apparatus.