1994 (8) TMI 128 - AT - Customs

Tribunal rules on 'Natural Graphite' classification & valuation, stresses evidence importance

The Tribunal ruled in favor of the appellant regarding the classification issue, determining that the imported 'Natural Graphite' should be classified ... Cl;assification Issues: Classification of imported product 'Natural Graphite' under Heading 3801.90, Valuation of the goods based on different invoices.Classification Issue Analysis:The appeal challenged the classification of 'Natural Graphite' under Heading 3801.90 by the Collector (Appeals), New Delhi. The appellant contended that the goods should be classified under Heading 2504.90 as they were in a natural state. The ld. Collector rejected this argument, emphasizing that the goods had undergone processes beyond those allowed in Chapter 25, thereby justifying the classification under Heading 3801.90. However, the Chemical Examiner's report confirmed the product's nature as natural graphite, meeting the specific gravity and purity criteria. The Tribunal upheld the appellant's plea, ruling that the product fell under Heading 2504.90 as it was natural graphite and not artificial, in line with Note 1 of Chapter 25. The Tribunal also cited the HSN explanatory note and previous judgments to support its decision.Valuation Issue Analysis:Regarding the valuation dispute, the department relied on an invoice from a French supplier, while the appellant presented an invoice from a Japanese supplier. The ld. Collector rejected the appellant's invoice, citing a substantial price difference and the absence of the manufacturer's invoice. The appellant argued that the department failed to prove undervaluation and that Rule 6 of the Customs Valuation Rules was inapplicable due to genuine transactions. The Tribunal found that the department's reliance on the French invoice was unjustified, as the goods were of Japanese origin. The Tribunal criticized the Collector's assumption of false value without evidence and remanded the valuation issue for fresh determination based on evidence and principles of natural justice.Conclusion:The Tribunal allowed the appeal on the classification issue, confirming the classification under Heading 2504.90 for natural graphite. However, the valuation matter was remanded to the original authority for a fresh decision, emphasizing the need for proper evidence and adherence to valuation rules. The judgment highlighted the importance of accurate classification and valuation in customs matters, ensuring fair treatment for importers and compliance with legal provisions.