2009 (9) TMI 873

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..... 210690/210899 (2002-2003) 21069099/210899 (2003-2004) 2. K/BAE Liquid Organic Spirulina, HD 003 330499/330400; 290619/210690; 30049099/300490 -do- 3. SOD Rooibos Drink, HD 001/ Rooibos Tea 090200/090220; 220290/220299; 30049099/300490; 22029090/220299; 210609099/210899 -do- 4. BAE Power Liquid/ K Energy Liquid, UP 004 220290/220299; 300490/300490; 30049099/300490 -do- 5. Riddance, HF 006 300450/300490; 30049099/300490; 30045010/300490 210690/210899 (2002-2003) 21069099/210899 (2003-2004) 6. Organic K-Biogreen, HF016M 29420090/294200 -do- 7. Always Young HF 008 3 .....

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..... of Good Hope. Rooibos SOD Drink is a caffeine free drink. It has a soothing effect on the central nervous system and is well accepted by people for natural health maintenance. It is rich in Iron, Potassium, Magnesium, Manganese, Copper, Calcium, Zinc, Fluoride and Flavonoid, a very strong anti-free radical which slows down ageing and improves the immune systems. Rooibos SOD Drink has 50 times more SOD, as well as other antioxidants that are not found in other drink, making Rooibos SOD truly unique and far superior. Rooibos SOD Drink also supplements the daily amount of calcium and especially fluoride which is required for the development of strong teeth and bones. Rooibos SOD Drink is a truly unique beverage with a full range of health bene .....

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..... classification as medicaments under Heading 30.04 is also not tenable prima facie in view of the disclaimer in the product-literature that the product is not intended to diagnose, treat, cure or prevent any diseases. Further, the issue of correct classification of the products in dispute is an exercise to be undertaken only when the final hearing of the appeal takes place and not at this prima facie stage as it cannot be said that prima facie the classification upheld by the adjudicating authority is so perverse as to warrant interference at this interim stage. The issue of classification of the remaining 7 disputed products is also highly debatable and it cannot be held prima facie that they fall for classification under the headings claim .....

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