Pre-deposit stay refused where no prima facie case or financial hardship was shown in a classification dispute

Stay of pre-deposit pending appeal was refused because no strong prima facie case was shown on classification, exemption or brand-name use, and the record did not establish financial hardship. For the interim request, the product was treated as a ceramic colour, but the exemption question was left open for final consideration. On the material before it, the tribunal declined to grant stay.

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Issues: Whether stay/wavier of pre-deposit should be granted pending appeal.

Analysis: The application was considered on the basis of the rival submissions on classification, exemption, use of brand name, and claimed financial hardship. The record did not disclose a strong prima facie case for stay. The product was treated as a ceramic colour for the purpose of the interim request, the exemption issue was not treated as finally examinable at that stage, and no material was shown to establish financial hardship.

Conclusion: Stay was not granted.

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