Brand-name classification under Chapter 30 upheld for medicaments despite Russian-language label and destination-based objections.

Medicaments bearing a Russian-language label and the English inscription "Gentamycin Injection I.P." were treated as patent and proprietary medicines under Chapter 30 because the label and brand name were sufficient to establish brand-name character. The script or language of the label was immaterial, as the Chapter 30 definition of a mark does not limit an invented word or brand to any particular script. Classification had to be determined on the condition of the goods at the time of clearance, and the same product could not be classified differently as patent and proprietary medicine or generic medicament depending on destination or use. The classification as patent and proprietary medicine was upheld and the Revenue's objection rejected.

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Issues: Whether medicaments bearing a Russian-language label and the English inscription "Gentamycin Injection I.P." were correctly classified as patent and proprietary medicines rather than generic medicaments under Chapter 30.

Analysis: The label and brand name were held sufficient to establish the product as a brand-name medicine for classification purposes. The language or script of the label was held to be immaterial, since the definition of mark under Chapter 30 does not confine an invented word or brand to any particular script. The goods were to be classified as they emerged at the time of clearance, and the same product could not be treated as both patent and proprietary medicine and generic medicament depending on destination or use of the exported goods.

Conclusion: The classification as patent and proprietary medicine was upheld and the Revenue's objection was rejected.

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