SAFTA preferential treatment protects assessed garment imports from unsubstantiated IPR, origin and valuation-based detention claims.
Assessed imported garments should not be detained or denied SAFTA preferential duty treatment on unsubstantiated allegations of intellectual-property-right infringement, defective Certificates of Origin, or misdeclaration. Origin certificates accepted at assessment, confirmation by the issuing authority, absence of brand-related evidence, and comparable imports cleared at declared values support release on the assessed Bills of Entry. Provisional-release valuation cannot rely solely on an unparticularised market enquiry without comparable transactions or reliable supporting material. Customs cargo service providers cannot charge rent or demurrage for goods seized or detained by the proper officer; unlawful detention requires waiver of consequential demurrage, detention, and related charges.
Issues: (i) Whether imported garments were liable to detention for alleged intellectual-property-right infringement and doubtful Certificates of Origin, and whether SAFTA customs-duty exemption was available; (ii) Whether enhancement of declared value in the provisional-release orders was valid; (iii) Whether demurrage, detention and other charges were liable to be waived.
Issue (i): Whether imported garments were liable to detention for alleged intellectual-property-right infringement and doubtful Certificates of Origin, and whether SAFTA customs-duty exemption was available.
Analysis: The completed port assessment had accepted and defaced the Certificates of Origin, with duty assessed and paid. The panchanamas did not disclose goods bearing reputed brands, and no brand owner or representative substantiated an intellectual-property-right claim. Certificates of Origin for subsequent comparable imports from the same exporters were accepted for preferential tariff treatment, and the issuing authority in Bangladesh confirmed the disputed certificates as correct. No evidence supported the allegations concerning the Certificates of Origin or any other misdeclaration.
Conclusion: The detention was illegal; the allegations of intellectual-property-right infringement and defective Certificates of Origin failed, and the appellants were entitled to SAFTA customs-duty exemption. In favour of the assessee.
Issue (ii): Whether enhancement of declared value in the provisional-release orders was valid.
Analysis: The declared value was enhanced three to four times on the stated basis of a market enquiry, but no particulars, comparable transactions, supporting documents, or reliable enquiry material were produced. The comparable subsequent imports from the same exporters had also been cleared on the declared transaction values.
Conclusion: The enhanced value adopted in the provisional-release orders was unsupported and was set aside. In favour of the assessee.
Issue (iii): Whether demurrage, detention and other charges were liable to be waived.
Analysis: Regulation 6(1)(l) of the Handling of Cargo in Customs Areas Regulations, 2009 prohibits a Customs Cargo Service Provider from charging rent or demurrage on goods seized or detained by the proper officer. Since the detention lacked legal basis, complete waiver of consequential charges followed.
Conclusion: Complete waiver of demurrage, detention and other charges for the detained consignments was required. In favour of the assessee.
Final Conclusion: The provisional-release orders and unsupported valuation conditions could not survive; the goods were required to be released against the already assessed Bills of Entry, with complete waiver of charges arising from their detention.
Ratio Decidendi: Detention of assessed imported goods and denial of preferential tariff treatment cannot be sustained on unsubstantiated allegations of intellectual-property-right infringement, defective origin certification, or unsupported valuation.