Modified phenolic resin classification upheld; no error apparent shown to justify rectification of the earlier order.

Chemical test reports on record showed the goods to be modified phenolic resin and not phenol formaldehyde resin, and that finding had already been relied on in the orders-in-original. In rectification proceedings, no material was produced to displace the earlier conclusion or to show any error apparent in the final order. The determination that the goods were other than phenolic formaldehyde resins was therefore maintained, and the rectification request was accepted with rejection of the appeals.

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Issues: Whether the goods were correctly found to be other than phenolic formaldehyde resins and whether there was any basis to interfere with the orders of the authorities below in rectification proceedings.

Analysis: The chemical reports of the Chief Chemist were part of the record and showed that the goods were modified phenolic resin and could not be treated as phenol formaldehyde resin. The orders-in-original had already relied upon these reports, and nothing was produced to displace the finding that the goods were not phenolic formaldehyde resins. On that material, no error apparent was shown in the earlier final order.

Conclusion: The finding that the goods were not phenolic formaldehyde resins was upheld, the request for rectification was accepted, and the appeals were rejected.

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