Re-testing of import samples cannot be refused without recorded reasons where classification and valuation depend on the test result.

The governing re-testing circular generally requires that an importer's request for sample re-testing should not be denied in the ordinary course, and any refusal must rest on reasonable grounds recorded in writing. The denial here did not meet that standard. Because classification and valuation depended on the test result, fresh consideration was required after allowing re-testing of the sample. The matter was therefore remanded to the adjudicating authority for decision afresh after re-testing.

---

---

Issues: Whether the denial of the importer's request for re-testing of the sample was justified and whether the matter required reconsideration by the adjudicating authority after such re-testing.

Analysis: The request for re-testing had been made after the first test report and the governing circular on re-testing of samples states that the facility is generally not to be denied in the ordinary course and that any denial must be for reasonable grounds recorded in writing. The rejection of the request did not satisfy that standard. As the dispute on classification and valuation turned on the test result, the matter required fresh consideration after affording re-testing of the sample.

Conclusion: The denial of re-testing was not sustained and the matter was remanded to the adjudicating authority for decision afresh after causing re-testing of the samples.

---