Medicament classification under excise tariff turns on label presentation, distinguishing patent and proprietary medicines from generic medicines.

Classification of medicaments under the Central Excise Tariff depended on how the products were presented on their labels. A product prominently showing the house name and patented name "Obroquin" supported classification as a patent and proprietary medicine under Heading 3003.10. A product carrying no house name and showing only the generic name prominently supported classification as a generic medicine under Heading 3003.20. The presence of a generic name alone did not override the significance of a conspicuous house name on the first product.

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Issues: Whether the two medicaments were classifiable as patent and proprietary medicines under Heading 3003.10 or as generic medicines under Heading 3003.20 of the Schedule to the Central Excise Tariff Act.

Analysis: The classification turned on the manner in which the products were presented on the labels. One product prominently displayed the house name and patented name "Obroquin", which supported classification as a patent and proprietary medicine. The other product did not carry any house name, and only the generic name was shown prominently, supporting treatment as a generic medicine. The mere presence of the generic name on the label did not, by itself, displace the significance of the conspicuous house name on the first product.

Conclusion: The product Obroquin was held classifiable under Heading 3003.10, while Chloroquine Phosphate Injection was held classifiable under Heading 3003.20. The appeal succeeded only in part.

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