ISLAMABAD: The Customs Classification Committee of the Federal Board of Revenue (FBR) has endorsed the viewpoint of an importer for charging customs duty of Rs9,050 per metric ton (MT) on the import of toctite Liofol LA 6020’ (castor oil having naturally occurring polyester).
Customs department has made an illegal case against the importer and imposed 20 percent duty on the import of the said item. The committee rejected the legal interpretation of Model Customs Collectorate (MCC) The Appraisement and facilitation (East) for wrongly charging 20 percent duty on the import of the said item.
According to a ruling issued by the Customs Classification Committee, the sample is found to be unmodified castor oil having naturally occurring polyester functionality which substantiates that it is not a synthetic polymer produced by chemical synthesis, therefore, the product toctite Liofol LA 6020’ having specific properties as per the aforementioned Lab results/remarks, in view of the Classification Committee is appropriately classifiable under PCT heading 1515.3000 in terms of Rule 1 of the General Rules of Interpretation.
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Briefly facts of the case as reported are that M/s Henkel Industrial Adhesive Pakistan (Pvt) Ltd. imported a consignment declared to contain “Loctite Liofol LA 6020” and sought clearance thereof under PCT Heading 1515.3000. The MCC Appraisement and facilitation (East) assessed the goods under PCT Heading 3907.9900 and framed contravention for misdeclaration of description and classification.
Accordingly, the case was adjudicated vide Order-In-Orinal No.1093115- 28032018 by Collectorate of Adjudication, Karachi. The adjudicating authority allowed release of the goods under Section 81 of the Customs Act, 1969 and referred the matter to Classification Centre for determination of Classifica-tion of the impugned goods.
Several hearings in the case were held which were attended by representatives of importer, the Clearance Collectorate and members of the Classification Committee.
The Departmental Representative contended that the impugned goods were liable to be classified under PCT heading 3907.9900. The representatives of M/s Henkel Industrial Adhesive Pakistan (Pvt) Ltd asserted that M/s Henkel Pakistan was a subsidiary of Henkel Germany and Henkel Group had its presence in more than 120 countries with strong ethical and compliance policies.
The impugned product under subject mentioned GD was examined and tested from different laboratories and that HEJ Laboratory had categorically confirmed that the impugned goods were found to be as unmodified castor oil having naturally occurring polyester functionality and thus appropriately classifiable under PCT heading 1515.3000, the ruling added.
Copyright Business Recorder, 2023
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