The CESTAT held that the imported crimp pumps used in nasal...

The CESTAT held that the imported crimp pumps used in nasal spray mechanisms are classifiable under Customs Tariff Items 8413 5010/8413 5090 as mechanical appliances for spraying or dispersing liquids, rather than under 9616 1020, which pertains exclusively to mounts and heads for cosmetic scent and toilet sprays. The Tribunal emphasized that classification must primarily follow the General Rules for Interpretation, particularly GIR-1, by analyzing the terms of the headings and relevant tariff notes. The learned Commissioner erred by applying GIR-2(a) without adequately considering the specific scope of the competing tariff entries. Since the impugned goods do not fall within the restricted category of cosmetic sprays but are mechanical pumps for medicament dispersal, the classification under 9616 1020 was unsustainable. Consequently, the appeal was allowed, and the goods were rightly classified under Chapter 8413.

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