1999 (12) TMI 633 - AT - Customs

Classification and Duty of Imported Waste Oils under Customs Tariff Act

The waste oils imported by M/s. Continental Petroleums Ltd. were classified under Heading 34.03 of the Customs Tariff Act by the Appellate Tribunal. It ... Classification - Waste Oil - Countervailing duty Issues: Classification of waste oil under Customs Tariff Act - Whether under Heading 38.23 or Heading 34.03Analysis:1. Classification Issue: The main issue in the appeals filed by M/s. Continental Petroleums Ltd. was the classification of the waste oil they imported, whether it falls under Heading 38.23 of the Customs Tariff Act or under Heading 34.03 as waste lubricating oil. The Assistant Collector classified the product under sub-heading 3403.19 of the Customs Tariff Act, directing the payment of appropriate duty. The Collector (Appeals) upheld this classification, emphasizing that the product was primarily a lubricating oil containing petroleum oil or oils obtained from bituminous material.2. Legal Arguments: The appellant's counsel argued that the waste oils were drained from industrial systems after the original lubricating preparation had outlived its utility. They contended that such waste oils are incapable of being manufactured in India and, therefore, no countervailing duty should be imposed. The counsel relied on a Supreme Court judgment stating that additional duty can only be levied if excise duty could be levied on a similar article. The appellant raised a legal question based on this judgment, challenging the leviability of countervailing duty.3. Burden of Proof: The respondent argued that the burden to prove that waste oils cannot be manufactured in India lies with the appellants. They contended that no evidence was presented to discharge this burden. Additionally, it was unclear whether the demand was solely for the additional duty of customs.4. Judgment: The Appellate Tribunal, considering the submissions from both sides, referred to its earlier decision in the case of the same appellants where waste oils were classified under Heading 34.03. The Tribunal held that waste oils imported into India cannot be subjected to additional duty of customs as they do not emerge from any manufacturing activity. Relying on the Supreme Court's judgment, the Tribunal concluded that appropriate basic customs duty under Heading 34.03 would be leviable on the imported waste oils. The Tribunal emphasized that no evidence was presented to prove that such waste oils were manufactured in India, and therefore, countervailing duty cannot be imposed.5. Final Decision: Both appeals were disposed of with the ruling that waste oils imported by M/s. Continental Petroleums Ltd. are classified under Heading 34.03 of the Customs Tariff Act, and no additional duty of customs can be levied on them. The Tribunal clarified that basic customs duty specified under Heading 34.03 would be applicable to the imported waste oils.