Ornamental character in porcelain classification prevails where decorative appeal outweighs ordinary household use.

Porcelain articles such as Champion Cup, Peacock Champion Cup and Gourd Pot were classified by examining whether ornamentation remained merely decorative or had become the dominant character. The test applied was the visual impression of an ordinary buyer and whether the goods would still be regarded as ordinary household use items despite decoration. As the articles were found to be highly decorative and not ordinarily used in households, their utilitarian function was treated as subordinate. They were therefore classified as ornamental goods under Heading 6913.10 rather than tableware, kitchenware or household articles under Heading 6911.10.

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Issues: Whether the disputed porcelain articles, namely Champion Cup, Peacock Champion Cup and Gourd Pot, retained the character of tableware, kitchenware or household articles classifiable under Heading 6911.10, or were primarily ornamental articles falling under Heading 6913.10.

Analysis: The classification turned on whether decoration merely adorned the goods or whether their ornamental nature had become dominant enough to take them out of ordinary household use. The articles were examined physically and were not treated as works of art. Applying the visual impression of an ordinary buyer, the deciding factor was whether they would still be regarded as items for regular household use despite ornamentation. On that test, the goods were found to be highly decorative and not of the kind ordinarily used in households, even though they could still serve a utilitarian purpose. Their usefulness was therefore considered subordinate to their ornamental character.

Conclusion: The disputed items were correctly classified outside Heading 6911.10 and were classifiable as ornamental goods under Heading 6913.10, against the assessee.

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