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The imported casino vessel was classified as a pleasure vessel under Heading 89039990, not as a passenger vessel under Heading 89011010, so the customs and CVD exemptions linked to Heading 8901 were unavailable. On valuation, only the cost of movement from Hammond to Quebec was includible; the other foreign remittances, travel expenses, demurrage, and salvage-related expenditure were excluded from assessable value. Incorrect tariff classification alone did not justify confiscation where the import documents correctly described the vessel and there was no misdescription. Penalties also failed because the valuation omission was found to be based on a bona fide belief, and the confiscation and penalties were set aside.
The imported casino vessel was classified as a pleasure vessel under Heading 89039990, not as a passenger vessel under Heading 89011010, so the customs and CVD exemptions linked to Heading 8901 were unavailable. On valuation, only the cost of movement from Hammond to Quebec was includible; the other foreign remittances, travel expenses, demurrage, and salvage-related expenditure were excluded from assessable value. Incorrect tariff classification alone did not justify confiscation where the import documents correctly described the vessel and there was no misdescription. Penalties also failed because the valuation omission was found to be based on a bona fide belief, and the confiscation and penalties were set aside.
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