Provisional release of mixed-condition imported scrap allowed without mutilation, with remand refused despite later reports.

Imported goods found in mixed condition were treated as substantially matching the declared scrap description and the relevant ISRI specification, so the requirement of mutilation as a condition for provisional release was found unwarranted. The later reports were not considered sufficient to justify remand for fresh examination, and provisional release was permitted on modified terms based on the declared value and bond conditions. The minority view favoured re-examination by the adjudicating authority, but the majority did not accept that approach. The mutilation condition was therefore set aside and release was ordered without remand.

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Issues: Whether the imported goods, found in mixed condition, were required to be mutilated as a condition for provisional release, and whether the matter required remand for fresh consideration in light of subsequent reports.

Analysis: The majority held that the goods substantially fell within the declared scrap description and the relevant ISRI specification, and that the conditions imposed for mutilation were unwarranted. It was found that the later reports did not justify sending the matter back to the original authority, and that provisional release could be granted on the declared value and bond conditions without mutilation. The differing opinion viewed the subsequent material as requiring re-examination by the adjudicating authority, but that view did not prevail in the final majority decision.

Conclusion: The condition of mutilation was set aside and the goods were directed to be released provisionally on the modified terms stated by the majority, without remand.

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