Customs valuation must be assessed transaction by transaction; compulsory loading for future imports was stayed pending appeal.

Customs valuation must be determined for each import transaction on its own facts, because transaction value does not permit automatic carryover of the valuation treatment adopted for earlier imports. Where a direction required compulsory enhancement of value for future imports on the same basis as prior imports, and the record showed the later imports were made without the assumed discount pattern, that direction was considered inconsistent with the valuation framework and liable to mislead assessing authorities on later clearances. The direction concerning future imports was therefore stayed pending final disposal of the appeal.

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Issues: Whether the direction sustaining compulsory enhancement of value for future imports, on the same basis as the 2005 imports, should be stayed pending disposal of the appeal.

Analysis: The direction was based on an assumed discount pattern from earlier imports, but the record indicated that the later imports from 1-1-2006 were made without such discount. The valuation of each import transaction had to be examined on its own facts, because the concept of transaction value does not permit automatic application of one transaction's valuation treatment to another. In these circumstances, the compulsory loading of value for future imports was found to run contrary to the basic valuation framework and could mislead the assessing authorities in respect of later clearances.

Conclusion: The direction relating to future imports was stayed and was not to operate pending final disposal of the appeal, and the appellant succeeded on the stay application.

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