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1997 (5) TMI 284

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.... short point required to be decided in the said appeal is as to whether Quakerol & Qwerl imported by Indian Oil Corporation and purchased by the appellants on High Seas Sale basis is covered under OGL, Appendix 5B1(11) or 5B1(20) of the Import Export Policy, 1990-93. 2. As per the Department, the products imported by M/s. I.O.C. are not covered under the said Entry inasmuch as on test report....

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....fication in the ITC Policy which only specifies the products in question. The goods under the dispute being lubricating preparation are nothing but lubricating oil and the fact of petroleum oil being more or less than 70% would effect only its Customs Tariff classification and would not have any bearing upon the import under the OGL. Attention has already been drawn by the ld. Consultant, Shri D.L....

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....table under OGL Appendix 5B. As per the test report, the items are containing less than 70% of petroleum products and as such they are falling under Tariff Heading 34 as lubricating preparation. The chemical examiner has also mentioned in the said test report that the sample may find use for lubricating purposes. Tariff Heading 34 covers lubricating preparation but those having less than 70% petro....