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        Central Excise

        2000 (4) TMI 572 - AT - Central Excise

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        Incidental printing on self-recording charts does not change classification; paper articles under Chapter 48 prevail over printing industry goods. Printing on instrumentation charts was held to be incidental where the goods were designed mainly to record industrial parameters such as temperature, ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Incidental printing on self-recording charts does not change classification; paper articles under Chapter 48 prevail over printing industry goods.

                            Printing on instrumentation charts was held to be incidental where the goods were designed mainly to record industrial parameters such as temperature, pressure, humidity, current and voltage. On that reasoning, the charts retained their character as self-recording paper articles under Chapter 48 rather than products of the printing industry under Chapter 49. HSN explanatory notes supported classification of rolls, sheets and charts used for self-recording apparatus within Heading 4823, and trade literature also pointed away from treatment as printed goods. The charts were correctly classified under Heading 4823.90, not Heading 4901.90, and the Revenue's classification was upheld.




                            Issues: Whether instrumentation charts manufactured as roll, circular and rectangular charts for recording industrial parameters were classifiable under Heading 4901.90 as products of the printing industry or under Heading 4823.90 as other paper articles.

                            Analysis: The decisive question was whether the printing on the charts was the primary feature of the goods or only incidental to their use. The charts were manufactured to record temperature, pressure, humidity, electric current, voltage and similar parameters in industrial installations, and their function was predominantly recording rather than communicating printed matter as such. Note 11 to Chapter 48 excluded only printed paper and paper articles where the printing was not merely incidental to the primary use, but the charts in issue were treated as self-recording charts within the scope of Heading 4823. The HSN explanatory notes were used as a persuasive guide and supported classification of rolls, sheets and charts printed for self-recording apparatus under Chapter 48 rather than Chapter 49. The product literature also indicated that the goods were not to be treated as a printed product in the trade sense.

                            Conclusion: The charts were correctly classifiable under Heading 4823.90 and not under Heading 4901.90. The appeals failed on the classification issue and the Revenue's view was upheld.

                            Final Conclusion: The substantive dispute on tariff classification was resolved in favour of the Revenue, and the impugned classification was sustained.

                            Ratio Decidendi: Where printing on paper articles is only incidental to their predominant recording function, the goods remain classifiable as paper articles under Chapter 48 and do not become products of the printing industry under Chapter 49.


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