Tax authority's substitution of projected figures with actuals overturned; original acquisition valuation upheld; transfer pricing issues remitted for...
Beneficial owner held liable for differential customs duty; royalties added under Rule 10(1)(c); confiscation, penalties under s.111(m), s.114A, s.112...
AAR held that the imported product "PONAA MAKKOLLI STRONG RICE BEER" is not "beer made from malt" under CTH 2203, as it is produced from rice using koji and yeast, with no malted grain or malt extract. The authority found that "made from malt" in Heading 2203 is a restrictive, essential condition and that koji cannot be treated as malt, the two processes being biochemically distinct. Applying General Rules for Interpretation (Rules 1, 3(a) and 6), the product was classified as an "other fermented beverage" under CTH 2206 00 00, irrespective of its labeling as beer.
AAR held that the imported product "PONAA MAKKOLLI STRONG RICE BEER" is not "beer made from malt" under CTH 2203, as it is produced from rice using koji and yeast, with no malted grain or malt extract. The authority found that "made from malt" in Heading 2203 is a restrictive, essential condition and that koji cannot be treated as malt, the two processes being biochemically distinct. Applying General Rules for Interpretation (Rules 1, 3(a) and 6), the product was classified as an "other fermented beverage" under CTH 2206 00 00, irrespective of its labeling as beer.
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