Phenyl classified as a disinfectant, not a medicament, because its use and description supported the lower authority's view.

Phenyl was held to be classifiable as a disinfectant under Heading 3801.90 and not as a medicament under Heading 3003.20. Prior Tribunal decisions had already treated the product as a disinfectant, and the Supreme Court's description of a disinfectant as a product used for disinfecting or destroying germs supported that view. The appellants' own classification list described the product as disinfectant fluid, and no infirmity was found in the lower authority's classification on the facts.

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Issues: Whether phenyl was classifiable as a medicament under Heading No. 3003.20 or as a disinfectant under Heading No. 3801.90.

Analysis: The product had already been held in prior Tribunal decisions to be a disinfectant. The Supreme Court had explained that a disinfectant is a product used for disinfecting or destroying germs, and the appellants themselves had described the product as disinfectant fluid in the classification list. On the facts, no infirmity was found in the classification adopted by the lower authority.

Conclusion: Phenyl was correctly classifiable as a disinfectant and not as a medicament.

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