Technical meaning of "marble" in import policy prevails over commercial usage, defeating confiscation and penalty.

The import entry for marble was construed in its technical and contextual sense because the tariff scheme separately listed marble, travertine, ecaussine, alabaster and other calcareous stones. On the technical and geological material, the imported slabs were calcareous limestone and not recrystallised or metamorphosed marble, so they did not fall within the restricted marble entry. The Court further noted that penalty would require culpability, and the importer's bona fide belief was supported by certificates and testing. The goods were therefore treated as outside the restriction, with confiscation, redemption fine and penalty held unsustainable.

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Issues: Whether the imported calcareous stone slabs were marble within the restricted import entry and therefore liable to confiscation and penalty.

Analysis: The classification turned on the meaning of "marble" in the import policy and tariff scheme. The restricted entry mentioned only marble, while the tariff entry separately referred to marble, travertine, ecaussine, alabaster and other calcareous monumental or building stones. In that setting, the word "marble" had to be read in its technical and scientific sense, not in a wider commercial sense that would make the other expressions redundant. The geological and technical material on record, including the expert and institutional reports, showed that the imported goods were calcareous limestone and not recrystallised or metamorphosed marble. The Court also noted that, even on the assumption of infringement, penalty would require a culpable element and the importer had acted on a bona fide belief supported by certificates and testing.

Conclusion: The goods were not marble within the restricted entry, the import was covered by open general licence, and confiscation, redemption fine and penalty were unsustainable.

Ratio Decidendi: Where a tariff or import entry uses a technical mineral term in a scheme that separately enumerates related stones, the term must be construed in its technical and contextual sense, and not by a broader commercial meaning that would nullify the separate entries.

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