Proportionality in company penalty quantification requires aggravating and mitigating factors; mechanical multiplication of director liability is impe...
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Imported draping tubes were treated as window curtain parts under Chapter 83 because the specific use-based description for articles of general use prevailed over the more generic tube-and-pipe description. The Tribunal also held that the declared classification could not be displaced merely on cross-sectional similarity, and the reclassification to Chapter 73 was unsustainable. BIS-based prohibition was inapplicable because the relevant tariff item was not covered by the quality control order, so confiscation under section 111(d) failed. The rejection of transaction value also failed because the valuation rules were not applied sequentially and a chartered engineer had no statutory role in that substitution. The impugned order was set aside.
Imported draping tubes were treated as window curtain parts under Chapter 83 because the specific use-based description for articles of general use prevailed over the more generic tube-and-pipe description. The Tribunal also held that the declared classification could not be displaced merely on cross-sectional similarity, and the reclassification to Chapter 73 was unsustainable. BIS-based prohibition was inapplicable because the relevant tariff item was not covered by the quality control order, so confiscation under section 111(d) failed. The rejection of transaction value also failed because the valuation rules were not applied sequentially and a chartered engineer had no statutory role in that substitution. The impugned order was set aside.
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