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Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
Imported GPON OLT, SFP module, ONU and ONT were treated as heading 8517 goods, but the dispute remained whether they fitted the specific digital loop carrier system classification or the residual entry. The Tribunal noted that technical literature, including a compliance laboratory letter, Ministry of Communications material and a VAPT verification report, had not been examined by the lower authorities because it was produced later. As tariff classification depended on the functional and technical characteristics of the products, the matter required fresh consideration on the existing and additional technical material. The impugned order was set aside and the case remanded for a fresh decision after giving the importer an opportunity to place supporting documents on record.
Imported GPON OLT, SFP module, ONU and ONT were treated as heading 8517 goods, but the dispute remained whether they fitted the specific digital loop carrier system classification or the residual entry. The Tribunal noted that technical literature, including a compliance laboratory letter, Ministry of Communications material and a VAPT verification report, had not been examined by the lower authorities because it was produced later. As tariff classification depended on the functional and technical characteristics of the products, the matter required fresh consideration on the existing and additional technical material. The impugned order was set aside and the case remanded for a fresh decision after giving the importer an opportunity to place supporting documents on record.
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