Import policy interpretation: drug definition including salts brought amoxycillin trihydrate within the canalised list and outside the Open General Licence.

Amoxycillin trihydrate imported in June 1979 was treated as falling within Appendix 9 of the Import Policy, 1979-80 because paragraph 195(iv) defined a drug to include its salt, ester and derivative. Condition No. 1 of the import order excluded items covered by Appendix 9, so the definition clause applied to the relevant entries without needing repetition in the appendix itself. On that construction, the drug was not within the Open General Licence and was part of the canalised list, so the confiscation with redemption fine was upheld.

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Issues: Whether amoxycillin trihydrate imported in June 1979 was outside the Open General Licence and liable to confiscation and redemption fine because Appendix 9 of the Import Policy, 1979-80, read with paragraph 195(iv), covered the drug and its salt.

Analysis: Condition No. (1) of the statutory order excluded items covered by Appendix 9 of the Import Policy, 1979-80. Paragraph 195(iv) was a definition clause applicable to the drug entries in Appendices 3, 5 and 9 and provided that an item of drug included its salt, ester and derivative. The scope of Appendix 9 therefore had to be read with that definition clause. The argument that the definition had to be repeated within Appendix 9 itself was rejected, since a definition clause governs the entries to which it applies and avoids repetition. On that construction, amoxycillin trihydrate fell within the canalised list.

Conclusion: The import was not covered by the Open General Licence and the confiscation with redemption fine did not call for further interference.

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