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2022 (10) TMI 750 - HC - CustomsImport of Toys - Import policy - Wither the goods are excluded under the scope of BIS, the testing of the same could be made mandatory - goods in questions are Collectibles (not suitable for children under 14 years of age) or not - non-appreciation of documents and products placed - HELD THAT - The stand of the appellant before the Tribunal as was also urged here, was that the appellant was prepared to submit to the requirement of testing of the car models, however, without insistence of the customs authorities for drawal of sample of each type of model, which would entail a substantial destruction of a major portion of the import as the consignment consisted of different scale models of various makes of international car manufacturers. However, it goes without saying that the testing procedures have to be followed as per the revised policy condition No. 2 (iii), which envisages that sample would be randomly picked from each consignment and not samples from each consignment, suggesting that only one sample from each consignment only could be sent for testing. If that be so, the apprehension of the appellant appears to be unfounded. The order of the Tribunal holding that the import policy conditions had to be satisfied, warrants no interference - Appeal dismissed.
Issues:
1. Interpretation of Customs Act, 1962 regarding imported goods classification. 2. Compliance with Bureau of Indian Standards (BIS) regulations for imported toys. 3. Applicability of Policy Condition No. 2 for imported toys. 4. Discretion of Customs authorities in testing imported goods. 5. Compliance with revised Policy Condition No. 2 (iii) for testing samples. Analysis: Issue 1: Interpretation of Customs Act, 1962 regarding imported goods classification The case involved an appeal under Section 130 of the Customs Act against a remand order by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The primary contention revolved around whether the imported goods, described as 'Scale Models' from France, should be classified as 'toys' under the Customs Act. Issue 2: Compliance with Bureau of Indian Standards (BIS) regulations for imported toys The Customs authorities required compliance with BIS standards, specifically IS:9873/IS:15644, for the import of toys under certain EXIM codes. The appellant argued that the goods imported were 'collectibles' not intended for children under 14 years, thus exempting them from the stringent BIS standards applicable to toys. Issue 3: Applicability of Policy Condition No. 2 for imported toys Policy Condition No. 2 under Chapter 95 of ITC (HS), 2017 mandated specific certificates for the import of toys under certain EXIM codes. The dispute arose regarding the necessity of fulfilling these conditions for the imported 'Scale Models' and whether they should be treated as toys subject to these requirements. Issue 4: Discretion of Customs authorities in testing imported goods The Customs authorities, including the Assistant Commissioner and the Commissioner of Customs (Appeals), determined that the imported goods were to be considered as 'toy cars' usable by children of any age group. This decision was based on the physical properties and design of the models, indicating their intended use as toys. Issue 5: Compliance with revised Policy Condition No. 2 (iii) for testing samples The revised Policy Condition No. 2 (iii) required random sampling of goods for testing by NABL accredited labs. The appellant expressed concerns about the potential destruction of a significant portion of the import due to sampling requirements, but the Court upheld the necessity of complying with the revised policy for testing. In conclusion, the High Court dismissed the appeal, affirming the Tribunal's decision that the import policy conditions, including BIS standards and Policy Condition No. 2, had to be satisfied. The Court held that the appellant's objections to the testing procedures were unfounded, emphasizing the importance of compliance with the regulatory framework governing the import of goods.
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