Import classification of plastic cable ties as restricted goods upheld; confiscation sustained, but penalty relief granted for bona fide dispute.

Plastic cable ties imported as bundle-securement articles were treated as not answering the description of couplings, so they fell under the restricted import classification for other plastic articles and required a specific import licence. In the absence of that licence, confiscation for violation of import control was justified. The dispute was found to be bona fide and without mala fide intent, so the personal penalty was set aside and the redemption fine was reduced.

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Issues: Whether plastic cable ties imported by the appellant were freely importable as couplings or were restricted goods requiring a specific import licence, and whether the confiscation, penalty, and redemption fine were sustainable.

Analysis: The goods were examined as plastic ties with a notch and loose end used to secure bundles of cables. On the dictionary meanings relied upon, such articles did not answer the description of couplers or couplings. They were therefore classifiable as other plastic articles under the restricted import code, making a licence necessary for import. In the absence of such licence, confiscation for import control violation was justified. However, the dispute was held to be bona fide and without mala fide intent, which warranted relief in the matter of penalty and fine.

Conclusion: The goods were held to be licence-restricted and liable to confiscation. The personal penalty was set aside and the redemption fine was reduced.

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