ORDER
Gowri Shankar, Member (Technical)
1. The question for consideration in this appeal is the classification of various parts of cell membrane electrolytes that the appellant imported. In the order impugned in this appeal, the Commissioner (Appeals) has confirmed the finding of the Assistant Commissioner mat the goods were parts of general use of metal or plastic and therefore, by application of Note 1 (g) to Section XVI of the tariff excluded from classification in any of the chapters of the section. He therefore denied the claim by the appellant for classification in sub heading 90 of heading 8543. Sub heading 90 is for parts of machines and apparatus of heading 8543. It is the appellant’s contention that the goods being machine or apparatus for electrolysis are classifiable in sub heading 30 of heading 8543 and therefore the parts classified in sub heading 90. Classification of the main machine is not in dispute.
2. Note 1 (g) to Section XVI of the tariff excludes from classification in any of the chapters of that section does not cover parts of general use as defined in note 2 of Section XV of base metal or similar goods of plastic. Note 2 to Section XV defines parts of general use by reference to various articles falling in the heading specified therein of iron or other base metal including springs fine fittings, etc. Clearly many of the items under consideration can be considered as parts for general use e.g. pipes etc. It is of course possible that these items may be excluded from classification in Section XVI by operation of some other provision of the notes. It appears that the assessment was completed without considering any material such as drawing, write up etc relevant to the goods, these having not been produced by the importer. Since it is clear some at least of the goods imported do not fall for classification, we think that the examination of the function and composition of each article and other relevant material should determine whether it is part of the items in heading 8543.30 and if so whether its classification can be justified.
3. The counsel for the appellant states that he will furnish to the adjudicating authority the material such as write up, drawings etc explaining how the item is part of the machine, and other literature relating to it within two months from the date of receipt of this order. The adjudicating authority shall thereafter consider this material as also the material that the department may adduce and pass orders on the question of classification in accordance with law.