Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Imported solar cells were alleged to attract safeguard duty under the tariff heading applicable to solar cells, but the Tribunal found material showing exclusive use for satellites, including end-use certificates and a scientist's certificate, with no contrary rebuttal. Because the alternative claim of classification as parts of satellites under Chapter Heading 8803 had not been argued before the adjudicating authority, the Tribunal held that fairness required a fresh opportunity to advance that plea. It set aside the impugned order and remanded the matter for de novo consideration, directing fresh determination of classification on the basis of the user test while leaving all issues open.
Imported solar cells were alleged to attract safeguard duty under the tariff heading applicable to solar cells, but the Tribunal found material showing exclusive use for satellites, including end-use certificates and a scientist's certificate, with no contrary rebuttal. Because the alternative claim of classification as parts of satellites under Chapter Heading 8803 had not been argued before the adjudicating authority, the Tribunal held that fairness required a fresh opportunity to advance that plea. It set aside the impugned order and remanded the matter for de novo consideration, directing fresh determination of classification on the basis of the user test while leaving all issues open.
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