2019 (7) TMI 583 - AT - Customs

Valuation of imported goods - revision of classification of goods - 100% polyester filament yarn - HELD THAT - The Tribunal has disposed off three of the appeals by remanding the matter back to the adjudicating authority. Matter remanded to the original authority.

Summary

Issues:
Classification of goods under Customs Tariff Act, 1975; Declaration of value on import; Confiscation of goods; Imposition of penalties.

Classification of Goods:
The appeal challenged the order revising the classification of goods from '100% polyester filament yarn' under heading no. 5402 3300 to 5606 0020 of the Customs Tariff Act, 1975. The re-determined value of US $2.365 per kg was upheld based on the report of the Deputy Chief Chemist and the Textile Committee. The Tribunal remanded three appeals back to the adjudicating authority, and in line with those decisions, this matter was also remanded back to the original authority for reconsideration.

Declaration of Value on Import:
The declared value on import was revised to US $2.365 per kg from the initial declaration of US $1.4 per kg. Despite the confiscation of goods, they were allowed to be redeemed upon payment of a fine. Penalties were imposed on the proprietors. All four parties, including the importers and proprietors, challenged the impugned order before the Tribunal.

Confiscation of Goods:
Although the goods were confiscated, they were permitted to be redeemed upon payment of a fine. The Tribunal's decision to remand the matter back to the original authority was consistent with its approach in similar appeals arising from the same impugned order.

Imposition of Penalties:
Penalties were imposed on the proprietors in addition to the reclassification of goods and revision of the declared value on import. The Tribunal's decision to remand the matter back to the original authority was in line with its approach in similar appeals arising from the same impugned order.