I am directed to invite your kind attention to Circular No. 23/89 F.No. 139/7/88-CX.4) dated 28th July, 1989 wherein it was clarified that castings as they emerge from the mould or after fettling etc. would be appropriately regarded as semi-finished articles if having the essential character of the finished machine parts or as a blank for machine parts which be classified under Chapter 84, 85, 86, 87 etc.

2.     CEGAT in its Order No. E. 103 to 105/93 B.1 dated 20th May, 1993 in the case of M/s Shivaji works Ltd. v. CCE, Aurangabad (1994 (69) ELT 647 (T) has held that the headings 73.25 would include all castings from the stage of their emergence from the castings mould to the stage of being proof machined.

3.     It would thus appear that castings coming out of the castings moulds up to the stage of proof machining and requiring further machining before being used as machine parts would be appropriately classifiable under Chapter 73. However, those castings moulds viz precision castings and/or are, as such, ready to be used as machine parts would be regarded as articles having essential character of machine parts and would be classified under Chapter 84,45,86,87 etc.

4.     The above instructions would apply mutatis mutandis to forgings, which have not undergone any further process after fettlings.

5.     Board's Circular No. 23/89 (F.No. 139/7/88-CX.4) dated 18.9.1989 stand superseded.

6.     All pending assessment may be finalised on the above basis.