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Issues: Whether the declared value of the imported goods could be rejected and enhanced on the basis of the London Metal Exchange price under the Customs Valuation Rules.
Analysis: The declared price was considered suspect because it was substantially below the price cited from the London Metal Exchange, and the Tribunal accepted that such exchange prices generally reflect international market trends. However, rejection of the transaction value required a valid evidentiary basis. The fact that the seller was located in Singapore while the goods were shipped from Japan was not, by itself, a ground to discard the declared value. The department also relied on the price of a different commodity, and no reliable material was produced to establish contemporaneous imports at the higher value sought to be applied.
Conclusion: The declared value could not be enhanced on the material available, and the departmental appeal failed.