This case involves a challenge to a public notice issued by ...

Public notice clause requiring importers to explain identical FOB values upheld.

Case Laws     Customs

October 24, 2024

This case involves a challenge to a public notice issued by customs authorities, specifically Clause 3(ii), which requires importers to provide an explanation for identical FOB (Free on Board) values mentioned in the FTA-COO (Free Trade Agreement Certificate of Origin) and the third-country invoice when submitting the self-assessed bill of entry. The court held that Clause 3(ii) does not infringe upon the importer's rights or entitlements under preferential trade agreements. The requirement to provide an explanation is only to enable the proper officer to assess and verify compliance with the relevant rules and regulations. The court clarified that this clause applies only in cases of identical FOB values and not in all cases. The petitioner cannot seek a direction to grant benefits under the Customs notification without providing the required explanation. Each transaction must be considered on its own merits based on the facts disclosed and compliance reported. The petition was dismissed, and the petitioner's entitlement to preferential trade agreement benefits must be determined in accordance with the applicable laws, notifications, and rules.

View Source