Confiscation of HDPE Regrind Overturned: CESTAT Rules Import License Unnecessary Due to Unreliable Lab Test.

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....The imported goods, HDPE Regrind, were classified under Customs Tariff Item (CTH) 3901 2000. The issue was whether the goods were permissible for importation into the country under the Foreign Trade Policy. The impugned order upheld the confiscation of imported goods, imposition of redemption fine for re-export, and imposing of penalty on the appellants by the original authority. The imported goods were tested by three laboratories: CRCL JNCH laboratory, CIPET Aurangabad, and Envirocare Labs Pvt. Limited. The CRCL JNCH laboratory's test report was based on visual examination and could not ascertain the nature of the constituent material, rendering it unreliable. The BIS standard IS 14534:1998 prescribes only post-consumer waste and in-house.........