Cir. No.590/27/2001-CX, dt. 15/10/2001

CIRCULAR No. 590/27/2001-CX, dated 15th October 2001
Classification of "Printing Ink Medium" under sub-heading No.3215.00 or 3208.90 or Sub-heading No. 3909.59- regarding.

I am directed to say that a doubt has been raised regarding classification of "reducing mediums" for printing inks. The Department had classified the mediums as printing ink under sub-heading 3215.00. The view of the Audit is that it should have been classified as synthetic resin under sub-heading 3208.90.

2. The matter has been examined in the Board. The CEGAT in their judgment dated 2.2.1996 reported in 1996(83) ELT 451 in the case of M/s Rainbow Ink and Varnish Mfg. Company Ltd. held that the printing ink medium under sub-heading 3909.59 as a variety of phenolic resin, and not under heading 3208.90 as contended by Audit. Printing inks as illustrated under Note "A" of HSN Notes 32.15 are obtained by mixing a firmly divided pigment with a vehicle. The vehicle consists of either natural resins or synthetic polymers, dispersed in oils or dissolved in solvents and contains a small quantity of additives to impart desired functional properties. It, therefore, indicates a clear distinction between a vehicle which acts as a medium for ink and printing ink as such.

3. CEGAT"s judgment in the case of M/s. Rainbow Ink and Varnish Mfg. Co. classifying "Printing Ink Medium" under sub-heading 3909.59 has been accepted by the Department. Accordingly, it is clarified that the product would be appropriately classifiable under sub- heading 3909.59 of Central Excise Tariff.

4. Trade and field formations may be suitably informed.

5. Receipt of this Circular may be acknowledged.

Sd/-
(Mallika Mahajan)
Officer on Special Duty (CX.3)

F.No.93/2/2001-CX.3