1994 (12) TMI 157 - AT - Central Excise

Tribunal Upholds Fire-Proof Plywood Classification for Duty

The Tribunal upheld the classification of Marine Plywood treated with Copper Crome and Arsenic as Fire-proof Plywood for duty purposes under Notification ... Plywood Issues:Classification of Marine Plywood treated with Copper Crome and Arsenic as Fire-proof Plywood for duty purposes under Notification No. 55/79.Detailed Analysis:1. Background and Appellants' Case:The case involves an appeal against the order passed by the Collector (Appeals) Central Excise, Calcutta, regarding the classification of Marine Plywood treated with Copper Crome and Arsenic. The appellants claimed a duty rate of 10% ad valorem under Notification No. 55/79 for Chemically Treated Marine Plywood. The Assistant Collector held that the treated Marine Plywood was fireproof, excluded from the exemption under the said notification. The Collector (Appeals) affirmed this finding, leading to the present appeal.2. Appellants' Arguments:The appellants contended that Fire-retardant and Fire-proof are not synonymous terms. They argued that the treated Marine Plywood is only somewhat fire-resistant, not fireproof. They emphasized that the processes for producing Fire-proof and Fire-resistant Plywood are distinct. They asserted that the essential character of Marine Plywood remains unchanged even after treatment, warranting a 10% duty rate. Alternatively, they argued that if treated differently, the plywood should be classified as commercial plywood attracting a 20% duty.3. Respondents' Position:The respondents, represented by Shri M.K. Jain, supported the findings of the Collector (Appeals) and urged the rejection of the appeal.4. Tribunal's Analysis and Decision:The Tribunal examined the submissions and the notification in question, which exempts certain plywood varieties from excess excise duty. The key issue was whether the treated Marine Plywood should be considered Fire-proof Plywood under the notification. The Collector (Appeals) found that the treated plywood met ISI specifications for Fire-proof Plywood and was priced higher than standard Marine Plywood. Consequently, the Tribunal rejected the appellants' argument that the treated plywood was merely fire-resistant and not fireproof. They also dismissed the contention that the treated plywood should be classified as Marine Plywood for a lower duty rate, as it satisfied the criteria for Fire-proof Plywood.5. Conclusion:Based on the above analysis, the Tribunal found no fault in the Collector (Appeals)'s order and rejected the appeal, upholding the classification of the treated Marine Plywood as Fire-proof Plywood attracting duty as per the notification.This detailed analysis outlines the classification dispute over Marine Plywood treated with Copper Crome and Arsenic and the subsequent decision by the Tribunal regarding its categorization as Fire-proof Plywood under Notification No. 55/79.