1999 (8) TMI 537 - AT - Central Excise

Tribunal classifies 'Mahabhringaraj Hair Oil' as Ayurvedic medicine, emphasizing labeling and intended use

The Tribunal upheld the adjudicating authority's decision to classify 'Mahabhringaraj Hair Oil' as an Ayurvedic medicine under Tariff Heading 14E (old ... Ayurvedic Medicine - Departmental clarification Issues Involved:1. Classification of 'Mahabhringaraj Hair Oil' as Ayurvedic medicine or as a cosmetic preparation.2. Validity of the adjudicating authority's decision.3. Interpretation of labels and product characteristics.4. Applicability of Chapter Notes to the classification.5. Consideration of synthetic additives in Ayurvedic products.Detailed Analysis:1. Classification of 'Mahabhringaraj Hair Oil' as Ayurvedic Medicine or Cosmetic Preparation:The primary issue is whether 'Mahabhringaraj Hair Oil' should be classified as an Ayurvedic medicine or as a preparation for hair care under different tariff headings. The respondents argued that it should be classified as an Ayurvedic medicine, while the Revenue contended it should be classified as a cosmetic preparation for hair care under Tariff Heading 14F (old Tariff) or 33.05 (new Tariff).2. Validity of the Adjudicating Authority's Decision:The adjudicating authority classified the product as an Ayurvedic medicine based on several reasons:- The product was manufactured under a license for Ayurvedic Medicine.- It lacked synthetic smells and had a natural odor, which does not classify it as a perfumed hair oil.- The product's label indicated its use for treating conditions like eye irritation, insomnia, and mental depression, suggesting it was not primarily for cosmetic use.- Similar products were classified as Ayurvedic medicines in other cases.The CBEC challenged this decision, arguing that the Collector did not consider the classification of similar products by other units and failed to appreciate the Deputy Chief Chemist's report, which noted the product's pleasant odor and synthetic organic color.3. Interpretation of Labels and Product Characteristics:The Revenue argued that the product's label, which mentioned benefits like making hair silken, soft, and jet black, indicated it was a cosmetic preparation. However, the respondents countered that the label primarily presented the product as an Ayurvedic medicine, highlighting its therapeutic benefits and instructions for use, which align with medicinal products rather than cosmetics.4. Applicability of Chapter Notes to the Classification:The Revenue cited Chapter Note 1(d) of Chapter 30 and Chapter Note 2 of Chapter 33, which exclude certain preparations from being classified as medicaments if they are primarily used as cosmetics or toilet preparations. The respondents argued that these notes should not apply as the product was not held out as a cosmetic but as an Ayurvedic medicine.5. Consideration of Synthetic Additives in Ayurvedic Products:The Revenue argued that the addition of synthetic organic green color disqualified the product from being classified as an Ayurvedic medicine. The respondents, referencing a CBEC circular, argued that the addition of non-therapeutic synthetic ingredients does not change the product's classification if it is otherwise prepared according to Ayurvedic texts.Judgment Summary:The Tribunal agreed with the respondents on both major points. It held that the addition of synthetic organic green color does not affect the classification of the product as an Ayurvedic medicine, as long as the synthetic ingredient does not have therapeutic value. The Tribunal also found that the product's label, when read in its entirety, presented it as an Ayurvedic medicine rather than a cosmetic. Consequently, the Tribunal upheld the adjudicating authority's decision to classify 'Mahabhringaraj Hair Oil' under Tariff Heading 14E (old Tariff) and 3003.30 (new Tariff) as an Ayurvedic medicine, dismissing the Revenue's appeal.In conclusion, the Tribunal's judgment emphasized the importance of the product's intended use, labeling, and compliance with Ayurvedic principles over the presence of non-therapeutic synthetic additives in determining its classification.