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2. The fabrics in question are woven from bleached or dyed yarn but do not undergo any processing. In the tariff description for woven fabrics, separate sub-headings have been made for "bleached woven fabrics", "dyed woven fabrics" etc. According to the new sub-heading notes given in section XI, the expression "bleached woven fabrics" would, inter alia consist of fabrics woven from bleached yarn in addition to fabrics subjected to the process of bleaching. Similar would be the case for dyed fabrics. The point for consideration is what would be the classification and consequent dutiability of fabrics woven from bleached or dyed yarn but which have not been subjected to the process of bleaching, dyeing etc. at the fabric stage.
3.
It may be noted that while the section notes and chapter notes have been
more or less aligned with the HSN, there is difference in the description
in the relevant headings in the excise tariff. In the excise heading, separate
categories have been made for fabrics not subjected to any process, and
for fabrics which have been subjected to the specified processes. One sub-heading
exclusively refers to fabrics which have not been subjected to any process.
The sub-headings for woven bleached fabrics or dyed fabrics are part of
the main description which includes only fabrics which have undergone some
process. The section notes, chapter notes, and the heading descriptions
have to be read harmoniously. Therefore, the reference to bleached woven
fibre or dyed fabrics in the relevant sub-headings will not include fabrics
which have been woven from bleached or dyed yarn but have not been subjected
to any process. These sub-headings only include fabrics which are subjected
to various processes. In short, so long as the fabrics themselves are not
subjected to any process, it will continue to be classified as fabrics
not subjected to any process irrespective of whether such fabrics have
been woven from bleached yarn or dyed yarn etc.