Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
No actionable misdeclaration of quantity was established where 111 pieces were found in excess of the declared 4,320 pieces, because the excess was small, consistent with the supplier's explanation of allowing for transit damage, and insufficient to justify confiscation or penalty; duty, at most, was payable on the extra pieces. The rejection of the declared value was also unsustainable: the department's revaluation at 12 USD per piece rested only on a casual Chartered Engineer's indication, without contemporaneous comparable imports or evidence of extra payment over invoice price. The goods were further not classifiable as incomplete computer systems, since a cabinet case with only a motherboard and fan lacked the essential character of a computer.
No actionable misdeclaration of quantity was established where 111 pieces were found in excess of the declared 4,320 pieces, because the excess was small, consistent with the supplier's explanation of allowing for transit damage, and insufficient to justify confiscation or penalty; duty, at most, was payable on the extra pieces. The rejection of the declared value was also unsustainable: the department's revaluation at 12 USD per piece rested only on a casual Chartered Engineer's indication, without contemporaneous comparable imports or evidence of extra payment over invoice price. The goods were further not classifiable as incomplete computer systems, since a cabinet case with only a motherboard and fan lacked the essential character of a computer.
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