2002 (3) TMI 696

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..... Shri B.B. Sarkar, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The appellants herein imported a consignment of chlorotrifluoromethane and trifluoromethane azeotropic mixture - Freon 503 refrigerant, and sought clearance under bill of entry dated 16-4-1996 under Customs Tariff Heading 29.03 under OGL. The department was of the view that as per Para 156(c)(6) o....

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....eld that the goods fall in the category of restricted goods under Para 156(c)(6). Hence this appeal. 2. We have heard Shri Ravindra Jain and the learned DR and perused the material on record. 3. The Ministry of Environment and Forests, Ozone Cell has clarified that the product in question is not a HCFC (hydro chloro fluro carbon). The letter from the Ministry is reproduced below : ....

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....ixture of HFC-23 and CFC-13. It is not an HCFC." I hope this reply answers your querries." IIT, Delhi have certified that Freon is a registered trade mark of Du Pont and it is not a generic commodity name and that Freon-503 is not a HCFC but a CFC (mixture of 40.1% HFC-23 and 69.9% CFC-13. What comes out from these two certificates is clearly that the goods imported are not hydro chloro flur....