Persuasive value of customs advance rulings supported raisin classification and exemption where statutory certificates remained unrebutted.
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....Customs advance rulings bind only the applicant and jurisdictional customs authorities, but their legal principles have persuasive value in later cases unless facts differ or the law changes. Applying this approach to the classification of imported dehydrated dark and small seedless raisins, the notes state that undisputed statutory certificates supported the declared description. The adjudicating authority did not produce the relied-on investigation report or obtain laboratory testing, and therefore could not displace the certificates through an unsubstantiated investigation. The reclassification, resulting duty demand, confiscation and penalties were unsustainable, and the goods qualified for the claimed customs exemption.....
TaxTMI