Classification of HIV/AIDS test kits as micro-organism based test materials supported prima facie relief from pre-deposit and recovery stay.

HIV/AIDS test kits were treated as micro-organism based test materials rather than chemicals, supporting classification outside Chapter 38 and in favour of Chapter 30 pharmaceutical treatment on the prima facie record. On that basis, the appellant was held to have made out a strong prima facie case, and pre-deposit was waived with recovery stayed pending disposal of the appeal.

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Issues: Whether HIV/AIDS test kits were classifiable under Chapter 30 as pharmaceutical products or under Chapter 38 as diagnostic or laboratory reagents, and whether the appellant had made out a prima facie case for waiver of pre-deposit and stay of recovery.

Analysis: Chapter 38 covers chemicals, whereas Chapter 30 covers pharmaceutical products. The item in question was treated as a micro-organism based test material and not as a chemical. On that basis, the appellant was found to have a strong prima facie case.

Outcome: Pre-deposit was waived and recovery stayed until disposal of the appeal.

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