Open General Licence importability of super precision bearings upheld; confiscation set aside under the import policy clarification.

The importability of H.P. Grade/Super Precision bearings turned on whether they were covered by Open General Licence under the prevailing Import Policy. Relying on the DGTD clarification, the Tribunal treated SN UP (Ultra Precision) bearings for the machine tool industry as permissible imports subject to policy conditions, and considered the later clarification relevant to that issue. On that basis, and in light of the earlier remand order, it held the goods were not prohibited imports. The confiscation was therefore set aside.

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Issues: Whether the import of H.P. Grade/Super Precision bearings was permissible under Open General Licence and, if so, whether the confiscation could be sustained.

Analysis: The Tribunal relied on the DGTD clarification stating that, under the prevailing Import Policy, SN UP (Ultra Precision) bearings for the machine tool industry were covered by Open General Licence subject to the policy conditions. It also treated the later clarification as relevant to the determination of the importability issue. In view of the clear wording of the clarification and the earlier remand order, the Tribunal concluded that the goods were not prohibited imports.

Conclusion: The import was held to be permissible under Open General Licence and the confiscation was set aside.

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