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Notes


Case Laws

Calcium Tungstate Lumilux (Luminous Pigment) meant for manufacture of X-Ray Screen is classifiable under Heading 32.04 of the Customs Tariff Act and not under Heading 28.47 ibid. - Collector v. Kiran X-Ray Screen Ltd. - 1993 (68) E.L.T. 872 (Tri.).

Crayons preparation for manufacture of, if based on polyethylene, it is classifiable under sub-heading 3204.17 of Customs Tariff Act, 1975 and if based on inorganic pigment (titanium dioxide) it would be classifiable under sub-heading 3206.10 ibid. Classification under Chapter 39 is ruled out. - Luxor Pen Company v. Collector - 1994 (70) E.L.T. 294 (Tribunal).

Glyoxal (40%) used as tanning agent in leather industry eligible for benefit of Notification No. 224/85-Cus., dated 9-7-1985 - Asean Trading Agency v. Collector - 1991 (55) E.L.T. 253 (Tribunal).

Master Batch is classifiable under Chapter 32 of Customs Tariff Act, 1975 and sub-classification is to be based on whether pigment content therein is organic or inorganic. - Rajasthan Petro Synthetics Ltd. v. Collector - 1994 (72) E.L.T. 603 (Tribunal).

Printing powder and inks. - Thermographic Printing Powder classified by CEGAT as akin to printing ink though not a conventional printing ink under Heading 32.13 of the Customs Tariff Act, 1975 which is not limited to "writing ink and printing ink" but covers also "other inks". - Collector v. Law Publishers - 1997 (93) E.L.T. 664 (S.C.).

Titanium Dioxide Rutile (TiO2) classifiable under sub-heading 3206.10 and exempt from basic and additional duty under Notification No. 444/86-Cus. - Apoorva Impex Co. v. Collector - 1990 (49) E.L.T. 591 (Tribunal).

Tritium Luminous Compound Grade-I is classifiable under Heading 32.06 of the Customs Tariff as luminophores and excluded from the purview of Chapter 28 by virtue of Chapter Note 3 of that chapter. - H.E.S. Limited v. Collector - 1997 (92) E.L.T. 205 (Tribunal).
 

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