Prima facie medicament classification and appealability of later communication led to grant of stay.

The Department failed to show a prima facie basis for treating the later communication as an appealable order, because an earlier classification order had already been passed and communicated. On classification, Chapter Note 2 of Chapter 30 and the fact that the goods were cleared in tankers for further manufacture weighed against prima facie treatment of the product as a medicament. The stay of the order-in-appeal was nevertheless granted on the Department's application.

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Issues: Whether the Department had made out a prima facie case for stay of the order-in-appeal; and whether the product cleared in tankers for further manufacture could prima facie be classified as a medicament under Chapter 30.

Analysis: The order recorded that an earlier classification order had already been passed and communicated, so the later letter sought to be appealed against did not prima facie appear to be an appealable order. On classification, Chapter Note 2 of Chapter 30 and the Department's contention that the goods were cleared in tankers for use in further manufacture were treated as indicating that the ingredients for medicament classification were not prima facie satisfied.

Outcome: The Department's request for stay of the operation of the order was granted.

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