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Issues: Whether the item described as "top and bottom tool" was classifiable under Tariff Item No. 68 or Tariff Item No. 51A(iii) of the Central Excise Tariff.
Analysis: The goods were described in the invoice as "top and bottom tools" and were found to be tools designed to be fitted in machine tools. A specific tariff heading existed for tools designed to be fitted in machine tools. Since a specific entry is to be preferred over the residuary entry, Tariff Item No. 68 could not apply where the goods answered the description of the specific heading. The machining process was also found to have brought into existence a distinct product as described in the invoice.
Conclusion: The item was correctly classifiable under Tariff Item No. 51A(iii) and not under Tariff Item No. 68; the appeal was rejected.