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Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Imported bearing assemblies used solely as automotive components were held classifiable under CTH 87087000 as parts of motor vehicles, because the exclusionary notes in Sections XVI and XVII did not resolve the tariff conflict and Note 3 to Section XVII required application of the sole or principal use test. The goods were not treated as bearings simpliciter, but as ready-to-fit assemblies for car wheels and rear drum assemblies. The Tribunal also held that the dispute was interpretational in nature, so penalties were not warranted; the penalties in two appeals were set aside. The challenge that the lower appellate authority had travelled beyond the show cause notices was rejected.
Imported bearing assemblies used solely as automotive components were held classifiable under CTH 87087000 as parts of motor vehicles, because the exclusionary notes in Sections XVI and XVII did not resolve the tariff conflict and Note 3 to Section XVII required application of the sole or principal use test. The goods were not treated as bearings simpliciter, but as ready-to-fit assemblies for car wheels and rear drum assemblies. The Tribunal also held that the dispute was interpretational in nature, so penalties were not warranted; the penalties in two appeals were set aside. The challenge that the lower appellate authority had travelled beyond the show cause notices was rejected.
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