2003 (7) TMI 102 - AT - Central Excise

Summary

Issues:
Classification of products manufactured by Montage Chemical Ltd. and Bushal Labs for Merind Ltd., imposition of penalties under Rule 209A.

Analysis:
1. The classification issue in this case revolves around the products manufactured by Montage Chemical Ltd. and Bushal Labs for Merind Ltd. The Commissioner determined the classification of the goods differently from what was claimed by the manufacturers, leading to penalties imposed on both the manufacturer and Merind Ltd. under Rule 209A.

2. The first category of goods in question were claimed as medicaments in Heading 3003 of the Tariff, specifically amprolium soluble powder USP and piperazine hexahydrate solution. The Commissioner classified these products under sub-heading 10 of Heading 3003 as patent or proprietary medicaments based on the presence of a logo consisting of a letter 'M' with animal heads, which was deemed part of Merind Ltd.'s registered trademark.

3. The appellants argued that the logo 'M' with animal heads was a house mark of Merind Ltd. and not specific to a particular product, contrary to the Commissioner's view that it constituted a brand name. However, the Commissioner did not address this argument and simply considered it as a brand name.

4. The departmental representative supported the Commissioner's reasoning and distinguished a previous Tribunal decision where a similar device was found on a product tablet, not just the label.

5. The Tribunal analyzed past judgments and found that the use of the logo or device was not limited to a particular product but was widely used across various company materials, indicating it as a house mark rather than an invented name. Therefore, the products were classified based on their generic names rather than as patent or proprietary medicaments.

6. The second product in question was amprolium premix, which the Commissioner classified as a medicament due to its use for preventing coccidiosis in poultry. The appellants claimed classification under Heading 23.02 as a substance for animal feeding, citing the product's composition and recommended usage.

7. The Counsel for the appellant argued that the product, when present in feed quantities, acted as a prophylactic, referencing previous Tribunal decisions. However, the Commissioner's classification was based on the medicinal use indicated on the label and the presence of the logo.

8. The Tribunal considered the product's composition, recommended usage, and relevant case law to determine that it should be classified as a pre-mix for animal feeding under Heading 23.02, rather than as a medicament.

9. Ultimately, the Tribunal allowed the appeals, setting aside the Commissioner's order and upholding the classification claimed by the appellants based on the nature and intended use of the products.