1991 (2) TMI 411 - AT - Customs

Summary

Issues: Classification of imported Povidone Iodine under Customs Tariff Act, eligibility for benefit under Notification No. 77/86-Cus, and whether Povidone Iodine falls under Chapter 29 as a pharmaceutical drug or Chapter 39 as a polymer.

Classification of Povidone Iodine:
The case involved the classification of imported Povidone Iodine under the Customs Tariff Act. The appellants imported Povidone Iodine U.S.P. from West Germany and sought reassessment under sub-heading 2931.00 for a lower duty rate. The Assistant Collector and the Collector (Appeals) rejected the claim, classifying it as a polymer under Chapter 39. The appellants argued that Povidone Iodine should be classified as a pharmaceutical drug under Chapter 29, citing its structure and properties. The Tribunal analyzed the chemical composition and structure of Povidone Iodine, concluding that it did not qualify as a chemically defined compound under Chapter 29 due to its polymer nature, thus falling outside the scope of that chapter.

Entitlement to Benefit under Notification No. 77/86-Cus:
The appellants claimed the benefit of Notification No. 77/86-Cus, which exempts pharmaceutical chemicals falling under Chapter 29 from excess customs duty. Despite Povidone Iodine being used as a drug, the Tribunal ruled that since it did not fall under Chapter 29, it was not eligible for the concession. The Tribunal emphasized that the Notification specifically limited the benefit to chemicals falling under Chapter 29, thereby excluding Povidone Iodine due to its classification as a polymer under Chapter 39.

Classification as Pharmaceutical Drug or Polymer:
The appellants contended that Povidone Iodine should be classified as a pharmaceutical drug under Chapter 29, emphasizing its therapeutic value and recognition in the pharmaceutical industry. They argued against its classification as a polymer under Chapter 39, highlighting its medicinal uses and chemical structure. The Tribunal considered the chemical designation of Povidone Iodine as a polymer and the literature provided by the appellants, concluding that Povidone Iodine, being a complex of PVP with iodine, did not have a separately defined chemical formula, thus maintaining its classification as a polymer and not a pharmaceutical drug under Chapter 29.

Conclusion:
The Tribunal dismissed the appeal, stating that Povidone Iodine, being a polymer and not a chemically defined compound, did not qualify for classification under Chapter 29 or the benefit of Notification No. 77/86-Cus. While acknowledging the uncertainty in the classification under the Customs Tariff Act, the Tribunal found no merit in the appellants' arguments and upheld the classification of Povidone Iodine as a polymer, emphasizing the lack of a fixed chemical formula and its polymer nature.