Prima facie tariff classification under Chapter 29 led to refusal of stay in an insecticide classification dispute.

A stay of operation against an appellate classification order was refused because, at the interlocutory stage, the goods appeared prima facie to fall under the specific tariff entry in Chapter 29 rather than as an insecticide under Chapter 38. The Tribunal noted that the cited precedent did not appear to govern the product in dispute and left the classification controversy for regular hearing. No final determination on the merits of tariff classification was made in this stage.

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Issues: Whether stay of operation of the appellate order classifying the goods under Chapter 29, instead of as insecticide under Chapter 38, should be granted.

Analysis: The Tribunal noted, at the interlocutory stage, that the goods were prima facie covered by the specific tariff entry under Chapter 29 and that the cited precedent did not appear to govern the product in dispute. The classification dispute was left for regular hearing; no final adjudication on merits was made.

Outcome: Prayer for stay rejected.

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