1996 (1) TMI 252

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....fication lists No. 1.87-88, dated 13-7-1987 and 2/87-88, dated 28-7-1987 claiming the classification of the product "Record Bags" under sub-heading 4818.19 of CET with nil rate of duty. The Assistant Collector approved both the classification lists as claimed by the assessee. Aggrieved by the said order, the Revenue filed the refund petition before the Collector who has set aside the said approval and classified the said goods under sub-heading 4818.13 at the rate of duty of 35%. The Revenue had contended before the Collector that the product 'record bags' are `sleeve' used for packing of gramophone records as a container. The 'sleeves' are classifiable under sub-heading 4818.12/4818.13 of the first schedule to the Central Excise Tariff Act....

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.... then, in that event sub-heading 4818.13 is not an appropriate heading as container has not been grouped in the sub-heading and, therefore, it has to be classified in the residuary sub-heading "Other". He pointed out that the Collector has considered the item `record bags' as a container. As container is not classifiable under sub-heading 4818.13, the classification is, therefore, required to be done under sub-heading 4818.19 only. 5. The Learned DR submitted that the item is not a "container" but it is a "case" and is required to be classified under sub-heading 4818.13. He also submitted that HSN is not aligned and, therefore, it cannot be referred to. 6. We have carefully considered the submissions made by both the sides a....

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.... be containers in terms of expression "container" as defined in the dictionary and glossaries of packing terms as in the case of G. Claridge & Company Ltd. v. Collector of Central Excise as reported in 1991 (52) E.L.T. 341. The Hon'ble Supreme Court after referring to the definition of the expression "container" held that the expression "container" is used in three different senses : in a broad sense, it means a receptacle which contains, in a narrower sense, it means a receptacle in which articles are covered or enclosed and transported; and in a more limited sense, it means enclosures used in shipping or railway for transport of goods. If used in a broad sense, `container' could include a tray because it is a receptacle which contains art....