Export restriction on cultivated calamus roots fails where amended notice covers only wild-origin goods.

Export of calamus roots was not liable to confiscation where the later public notice confined the export restriction to plants and goods obtained from the wild, and the consignment was supported by a horticulture certificate stating that the roots were cultivated. On that basis, the goods did not fall within the negative list as applied after the amendment, so the confiscation order and its appellate affirmation could not be sustained.

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Issues: Whether the export of Calamus Roots was liable to confiscation on the footing that it fell within the negative list of exports, and whether the subsequent amendment to the public notice excluding goods obtained from the wild applied to the consignment.

Analysis: The goods were entered for export after the later public notice had amended the earlier restriction so that the prohibition applied only to plants and goods obtained from the wild. A horticulture certificate stated that the roots were cultivated and not wild. In these circumstances, the basis on which the goods were treated as prohibited was not sustainable.

Conclusion: The confiscation order and the appellate affirmation could not survive, and the appellant succeeded.

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