Supreme Court Remands Case on DMLA Classification; Emphasizes Revenue's Burden of Proof and Valid Test Requirements.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Classification of imported goods, specifically di-methyl lauryl amine (DMLA), under the Customs Tariff Act, 1975. The key points are: The classification of DMLA as a 'surface active agent' under heading 3402 was disputed. The test reports submitted were questioned for their validity and bona fides. The adjudicating authority did not consider the test reports furnished by the importer. The Supreme Court's ruling in Hindustan Ferodo Ltd v. Collector of Central Excise emphasizes that the onus of establishing the classification lies with the Revenue, and if evidence is not led, the appeal should be allowed. The benchmark in note 3 of chapter 34 of the Customs Tariff Act, 1975, must be met through valid test results. The order was set aside for .........