Modvat credit for commercial plywood restored where the declared heading was held broad enough to cover the input.

Commercial plywood declared as an input for Modvat credit was treated as covered by the declared heading, because the description of plywood under Heading 4408.30 was read broadly enough to include both decorative and commercial plywood. Relying on the reasoning adopted in an earlier similar decision, the declared input was held to encompass commercial plywood, and the credit was restored to the appellants.

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Issues: Whether commercial plywood declared as an input for Modvat credit could be treated as plywood covered by the declared heading, so as to entitle the appellants to restoration of credit.

Analysis: The declaration filed by the appellants showed plywood under Heading 4408.30 as well as laminates under Heading 4408.90. The description of plywood was treated as wide enough to include both decorative and commercial plywood. Following the same reasoning adopted in an earlier decision on similar facts, the input as declared was held to cover commercial plywood.

Conclusion: The issue was answered in favour of the appellants, and the Modvat credit was directed to be restored.

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