9911796707
TMI Blog2006 (12) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order]. After examining the records and hearing both sides, I am of the view that the appeal itself requires to be summarily disposed of. Accordingly, after dispensing with predeposit, I take up the appeal. 2. The appellants had imported what was declared as Chicken Sausages and filed Bill of Entry dated 18-01-2005 for its clearance. After getting a sample of the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examining the records, I find that samples of goods were also tested in the laboratory of the Central Food Technological Research Institute (CFTRI), Mysore under a reference from the Port Health Laboratory. The CFTRI found the sample to be Luncheon Meat falling under item No. 34.02 of Appendix-B under the PFA Rules, 1955 and opined that it did not conform to the standards laid down for luncheo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the subject item was imported. In support of this claim, they produced a letter dated 21-7-2005 from the Ministry of Food Processing Industries, Government of India, which stated that, as per microbiological specification for chicken sausages (BIS specifications), the aerobic plate count per gram was 1x106 maximum. The request of the importer for fresh testing was not allowed by the original aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... product which, under the PFA Act/Rules, shall be packed in hermitically sealed containers. It can be kept at room temperature, whereas the subject item can only be kept in frozen condition (at below -18 C). As rightly pointed out by the appellants, there is no specification for chicken sausage under the PFA Act/Rules, though, for these items, microbiological standards have been specified by BIS on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition. 6. The department has not been able to gather reliable evidence for equating chicken sausage with luncheon meat for the purpose of confiscating the imported item under Section 111(d) of the Customs Act or for imposing penalty on the importer under Section 112(a) of the Act. As already noted, there is no specification available for chicken sausage under the PFA Act/Rules and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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