Permissible spare parts under import policy: strips needing only cutting or bending remained eligible, and confiscation was unsustainable.

Inconel strips imported in running length for replacement of worn-out pipe coverings were treated as permissible spare parts under the Import Trade Control Policy AM-78. Paragraphs 52 and 53 allowed import of spares for maintenance of imported machinery, and paragraph 54 covered parts requiring replacement due to wear and tear, including items imported in length that only needed cutting or bending to size. The required adaptation for fitting did not amount to fabrication into a new article. The confiscation order was therefore unsustainable, the appeal succeeded, and any fine paid was refundable.

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Issues: Whether inconel strips imported in running length for cutting and bending into replacement pipe coverings qualified as permissible spare parts under paragraphs 52, 53 and 54 of the Import Trade Control Policy AM-78, so as to invalidate confiscation.

Analysis: Paragraphs 52 and 53 permitted import of permissible spares for maintenance of imported machinery, while paragraph 54 defined spare parts as machine parts needing replacement because of wear and tear, use or breakage, and included materials such as wires and similar items imported in length which only had to be cut to size or bent before use. The imported strips were meant to replace worn-out inconel coverings already fitted to the pipes, and there was no finding that they were non-permissible spares, consumable spares, or goods requiring fabrication into a new article. Cutting and bending the strips for fitting did not amount to fabrication in the sense of manufacturing spare parts.

Conclusion: The imported strips were permissible spare parts within the policy, and the confiscation order was unsustainable.

Final Conclusion: The appeal succeeded and the confiscation was set aside, with refund of any fine paid.

Ratio Decidendi: Where imported items are intended to replace worn-out machine components and only require cutting or bending to size, they fall within the policy meaning of spare parts and do not cease to be permissible merely because some adaptation is needed for fitting.

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