Branded Ayurvedic medicine classification rejected for natural honey lacking therapeutic ingredients and specific brand adoption.

Honey received from apiaries and subjected only to heating, cooling, filtration and straining before packing was held not to be a branded ayurvedic medicine under Chapter Heading 3003.39. The use of "CHARAK" as a housemark on all products was not shown to be a brand name specifically adopted for the honey, and the product was not shown to be mentioned in any pharmacopoeia or to contain therapeutic or prophylactic ingredients. Its description as AGMARK grade natural honey did not establish that it was a special preparation or a branded patent or proprietary medicament, so classification under Chapter Heading 3003.39 was rejected.

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Issues: Whether the product "Honey", as labelled and marketed by the appellant, was a branded ayurvedic medicine classifiable under Chapter Heading 3003.39.

Analysis: The product was received from apiaries in drums and subjected only to minimal processing such as heating, cooling, filtration and straining before being packed for sale. The name "CHARAK" was used as a housemark on all products and was not shown to be a brand name adopted specifically for Honey. The product was not shown to be mentioned in any pharmacopoeia and was not found to contain therapeutic or prophylactic ingredients. The label and description indicated AGMARK grade natural honey packed by the appellant, which did not establish that the goods were a special preparation of the manufacturer or a branded patent or proprietary medicament.

Conclusion: The product was not liable to be treated as a branded product falling under Chapter Heading 3003.39.

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