1998 (12) TMI 156 - AT - Central Excise

Classification of partially skimmed condensed milk upheld under CET sub-heading 0401.14, rejecting alternate classification claim.

The Tribunal upheld the classification of partially skimmed condensed milk under CET sub-heading 0401.14, rejecting the appellants' claim for ... Milk products - Condensed milk Issues: Classification of partially skimmed condensed milk under CET sub-heading 0401.19 vs. 0401.14In this case, the issue at hand revolves around the classification of partially skimmed condensed milk under the Central Excise Tariff. The appellants claimed classification under CET sub-heading 0401.19, while the Department argued for classification under sub-heading 0401.14. The primary contention was whether Note 1 to Chapter 4, defining the expression 'milk' as 'full cream milk or partially or completely skimmed milk,' should apply to the product in question, thereby affecting its classification.Analysis:The appellants, engaged in the manufacture of partially skimmed condensed milk, filed a classification list claiming classification under CET sub-heading 0401.19. However, the Department disagreed, asserting that the product should be classified under sub-heading 0401.14 as 'Concentrated (Condensed) milk.' A show cause notice was issued to the assessees, leading to a confirmation of classification under sub-heading 0401.14 by the Assistant Collector, a decision upheld by the lower Appellate authority.During the appeal, the Counsel for the appellants argued that Note 1 to Chapter 4 should not apply to milk products specified in various sub-headings of Heading No. 04.01, emphasizing that condensed milk and partially skimmed milk are distinct marketable commodities. The Counsel cited relevant legal precedents to support this argument. On the other hand, the Department reiterated the lower authorities' findings, emphasizing that Note 1 to Chapter 4 would govern milk products, making condensed milk classifiable under sub-heading 0401.14 regardless of whether it is made from full cream milk or skimmed milk.The Tribunal examined the ISI specification for condensed milk, partially skimmed, and skimmed condensed milk, as well as the Prevention of Food Adulteration Rules, 1955. It was noted that partially skimmed condensed milk and skimmed condensed milk are not recognized as separate marketable commodities compared to full cream condensed milk. Consequently, all types of condensed milk, irrespective of their milk source, fall under the description of condensed milk as per the Tariff. The Tribunal highlighted the relevance of Note 1 to Chapter 4 in interpreting the expression 'milk' and distinguished the legal precedents cited by the appellants, ultimately ruling that partially skimmed sweetened condensed milk is classifiable under CET sub-heading 0401.14.Therefore, the Tribunal upheld the impugned order confirming the classification of partially skimmed condensed milk under sub-heading 0401.14, rejecting the appeal brought forth by the appellants.