Recovery of duties where trade instruments obtained by fraud are utilised - issuer liable and interest plus show cause recovery follows. Where an instrument issued under the Foreign Trade Act that confers fiscal benefits is obtained by collusion, wilful misstatement or suppression of facts and is utilised by a person other than the instrument-holder, the duty attributable to that utilisation shall be deemed never exempted and shall be recovered from the person to whom the instrument was issued; that person is liable for interest from the date of utilisation until recovery, and recovery follows a show-cause notice, determination and order requiring repayment within thirty days, provided no prior duty-determining order under the alternative recovery provision exists.
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Provisions expressly mentioned in the judgment/order text.
Recovery of duties where trade instruments obtained by fraud are utilised - issuer liable and interest plus show cause recovery follows.
Where an instrument issued under the Foreign Trade Act that confers fiscal benefits is obtained by collusion, wilful misstatement or suppression of facts and is utilised by a person other than the instrument-holder, the duty attributable to that utilisation shall be deemed never exempted and shall be recovered from the person to whom the instrument was issued; that person is liable for interest from the date of utilisation until recovery, and recovery follows a show-cause notice, determination and order requiring repayment within thirty days, provided no prior duty-determining order under the alternative recovery provision exists.
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