Declared transaction value cannot be rejected solely due to a higher contemporaneous import price for similar goods.

Declared transaction value for imported goods cannot be rejected merely because a contemporaneous import of similar goods was made at a higher price. The importer had declared US Dollar 1 per metre for mulberry silk fabrics, while enhancement was attempted only on the basis of another import at US Dollar 1.29 per metre. In the absence of material showing that the declared price was not the full commercial price, and where the price difference was plausibly explained by the substantial difference in quantity between the consignments, the higher contemporaneous value by itself was insufficient to justify reassessment. The attempted enhancement of assessable value was therefore unsustainable.

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Issues: Whether the declared transaction value of imported goods could be rejected and the assessable value enhanced merely because a contemporaneous import of similar goods was made at a higher price.

Analysis: The importer declared a unit price of US Dollar 1 per metre for mulberry silk fabrics. The enhancement was based only on another contemporaneous import at US Dollar 1.29 per metre. There was no material to show that the declared transaction value was not the full commercial price of the goods under import, and the difference in price was plausibly explained by the substantial difference in quantity between the two consignments.

Conclusion: The transaction value could not be rejected on the sole basis of a higher contemporaneous import price, and the enhancement of value was unsustainable.

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