2009 (4) TMI 557 - HC - Customs

Import of car alleged that vehicle was not imported from the country of manufacture but from Thailand and therefore it is in violation EXIM Policy Held that - Bill of lading shows the consignor as General Motors Detroit and the consignee as the respondent and the transhipment had originated from Halifax USA Ex Vessel via Laem Chabang. The Bill of entry also shows United States of America as the country of origin no violation of EXIM Policy

Summary

Issues:
1. Confiscation of a Hummer Vehicle imported from Thailand instead of the USA in violation of EXIM policy.

Analysis:
The case involved the confiscation of a Hummer Vehicle imported by the first respondent from Thailand instead of the USA, in violation of the Import Licensing Note to Chapter 87 of EXIM Policy. The department confiscated the vehicle based on the discrepancy between the declared value and the actual origin of the vehicle. The Tribunal set aside the confiscation, leading to the department's appeal before the High Court.

The appellant's counsel argued that the Tribunal erred in accepting that the vehicle was shipped from General Motors USA, as the Bill of Lading indicated Laem Chabang, Thailand, as the port of loading. The counsel contended that the vehicle being right-handed, not left-handed as typical in the USA, further proved that it did not originate from the USA. These discrepancies were crucial in establishing the actual country of origin of the vehicle.

On the other hand, the first respondent's counsel highlighted that the bill of entry clearly indicated the transhipment of the cargo from Hallifax USA via Laem Chabang, Bangkok. The documents enclosed in the case demonstrated that the vehicle had indeed been transhipped by General Motors, Detroit, to Chennai, as per the bill of entry. The Tribunal had relied on these documents to set aside the Commissioner's findings, emphasizing the importance of factual evidence in determining the origin of the imported goods.

The High Court, after examining the bill of lading and the bill of entry, found that the consignor was General Motors, Detroit, and the consignee was the respondent. The transhipment had originated from the USA via Laem Chabang, as evidenced by the documents presented. Based on these factual materials, the Court upheld the Tribunal's decision, dismissing the civil miscellaneous appeal. The Court emphasized that the determination of the country of origin was a question of fact, and in this case, the evidence supported the Tribunal's conclusion, warranting no interference from the Court.