Import licence interpretation: goods covered by Appendix 5 cannot be refused clearance solely as banned consumer goods under Appendix 4.

An import licence allowing goods listed in Appendix 5 must be construed by first determining whether the imported goods are individually covered by that appendix. Where Appendix 4 generally bans consumer goods but expressly excludes items appearing in Appendix 5 and Appendix 8, clearance cannot be refused merely by characterising the goods as consumer goods or by invoking a general prohibition under Appendix 3 or Appendix 4. The stated result was that the appeal succeeded, the adverse orders were set aside, and the matter was remanded for fresh consideration of the licence and the relevant appendices.

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Issues: Whether the imported plastic decorative pictures were permissible under the import licence and whether their clearance could be denied on the footing that they were consumer goods falling within the banned items in Appendix 4, despite the claim that they were covered by Appendix 5.

Analysis: The licence produced by the importer was specific and permitted import of items shown in Appendix 5, subject to the relevant policy restriction. The authorities below did not construe the terms of that licence with reference to whether the imported goods were individually covered by Appendix 5. Appendix 4, which contains banned items, expressly excludes consumer goods appearing individually in Appendix 5 and Appendix 8. Therefore, if the imported goods fell within Appendix 5, their import could not be objected to merely on the ground that they were consumer goods or that they were otherwise prohibited under Appendix 3 or Appendix 4.

Conclusion: The appeal succeeded. The orders of the authorities below were set aside and the matter was remanded for fresh consideration of the licence and the relevant appendices.

Ratio Decidendi: Where an import licence specifically permits items listed in Appendix 5, clearance cannot be refused solely by invoking a general ban on consumer goods in Appendix 4 without first determining whether the goods are individually covered by Appendix 5.

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