Page 127 - GSTL_6th August 2020_Vol 39_Part 1
P. 127

2020 ]           IN RE : GLOBAL TEXTILE ALLIANCE INDIA PVT. LTD.      53
                       7.4  Covers of Pillow, Latex Block. Mattresses :
                       The applicant has stated that different types of knitted or woven fabrics
               are involved in the process of making the above items. Once the fabrics, manu-
               factured in-house is done the fabric is taken to cutting table for cutting into bits
               and panels according to the specifications given for making covers for (a) pillow
               (b) Latex & (c) Mattress. After cutting, the panels and bits are checked for quality
               and measurement and the same are sent for sewing, where other materials and
               accessories such as zippers, pullers, labels, brand tags are joined in stitching and
               finished cover, the final product is checked for quality, packed and dispatched to
               the customers. The test reports have been furnished in respect of the Upholstery
               fabric and not the final products. The applicant claims classification as knitted
               fabric under CTH 6006.
                       As examined under Para  7.1 above, only fabrics are classifiable  under
               CTH 6006. The products  under discussion are  not plain  fabrics but  covers for
               Pillow, Latex Block and Mattress, which are made as per the specifications of the
               customers. They are better identified as made up articles as defined under Sec-
               tion Note 7 of Section XI. For ease of reference, the said section Note is given be-
               low :
                       7.  For the purposes of this Section, the expression “made up” means :
                            (a)  cut otherwise than into squares or rectangles;
                            (b)  produced in the finished state, ready for use (or merely need-
                                 ing separation by cutting dividing threads) without sewing or
                                 other working (for example, certain dusters, towels,  table
                                 cloths, scarf squares; blankets);
                            (c)   Cut to size and with at least one heat-sealed edge with a visi-
                                 bly tapered or compressed border and the other edges treated
                                 as described in any other sub-clause of this Note, but exclud-
                                 ing fabrics the cut edges of which have been prevented from
                                 unravelling by hot cutting or by other simple means;
                            (d)  hemmed or with rolled edges, or with a knotted fringe at any
                                 of the edges, but excluding fabrics the cut edges of which have
                                 been prevented from unravelling by whipping or by other
                                 simple means;
                            (e)   cut to size and having undergone a process of drawn thread
                                 work;
                            (f)   assembled by sewing, gumming or otherwise (other than
                                 piece goods consisting of two or more lengths of identical ma-
                                 terial joined end to end and piece goods composed of two or
                                 more textiles assembled in layers, whether or not padded);
                       (g)    knitted or crocheted to shape, whether presented as separate items
                       or in the form of a number of items in the length.
               Further ‘Other made up textile articles’ are classified in Chapter 63 of the Cus-
               toms Tariff and Heading 6304 specifically mentions Bed covers, Pillow Covers,
               etc. For ease of reference, the same is extracted under :

                       6304          OTHER FURNISHING ARTICLES,  EXCLUDING
                                     THOSE OF HEADING 9404
                                 -   Bedspreads :
                       6304 11 00  --   Knitted or crocheted
                                    GST LAW TIMES      6th August 2020      127
   122   123   124   125   126   127   128   129   130   131   132