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The CESTAT allowed the appeal, set aside the impugned orders and directed classification of the imported product as "Quicklime" under Customs Tariff Item 2522 1000. Applying s.17(4) of the Customs Act, 1962 and relying on comparable tribunal precedent, the Tribunal accepted chemical analysis showing Calcium Oxide purity below 98% (circa 92%), concluding the product lacks the requisite purity for classification under tariff entries for higher-purity grades and is therefore properly classifiable under heading 2522. The appeal succeeds; assessment and classification in the Bills of Entry must be adjusted accordingly in favour of the Appellant and against the Respondent.
The CESTAT allowed the appeal, set aside the impugned orders and directed classification of the imported product as "Quicklime" under Customs Tariff Item 2522 1000. Applying s.17(4) of the Customs Act, 1962 and relying on comparable tribunal precedent, the Tribunal accepted chemical analysis showing Calcium Oxide purity below 98% (circa 92%), concluding the product lacks the requisite purity for classification under tariff entries for higher-purity grades and is therefore properly classifiable under heading 2522. The appeal succeeds; assessment and classification in the Bills of Entry must be adjusted accordingly in favour of the Appellant and against the Respondent.
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