Re-testing of import samples allows a requested second laboratory test and written selection of the testing laboratory for clarity. Re-testing of import samples is authorised as a trade facilitation measure permitting importers to request a second laboratory test within ten days of receiving the first result; the Additional/Joint Commissioner must specify a suitable laboratory in writing. Re-tests shall use remnants of the original sealed sample or duplicate representative sealed samples in Customs custody and be marked 'immediate'; fresh sampling, if required, must occur in the presence of the importer or representative when the consignment remains under Customs control. The competent authority shall consider second-test results without prejudice to the first and, if results vary, state in writing which result is relied upon and why; a further re-test may be ordered in limited circumstances.
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Provisions expressly mentioned in the judgment/order text.
Re-testing of import samples allows a requested second laboratory test and written selection of the testing laboratory for clarity.
Re-testing of import samples is authorised as a trade facilitation measure permitting importers to request a second laboratory test within ten days of receiving the first result; the Additional/Joint Commissioner must specify a suitable laboratory in writing. Re-tests shall use remnants of the original sealed sample or duplicate representative sealed samples in Customs custody and be marked "immediate"; fresh sampling, if required, must occur in the presence of the importer or representative when the consignment remains under Customs control. The competent authority shall consider second-test results without prejudice to the first and, if results vary, state in writing which result is relied upon and why; a further re-test may be ordered in limited circumstances.
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