Statutory provisional release discretion prevails over executive instructions, with revenue safeguarded through duty payment and bond conditions.
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....Section 110A of the Customs Act governs provisional release of seized imported goods through statutory discretion that executive circulars may supplement but cannot override or replace. Pending investigation into alleged misdeclaration, import-policy violations, and tariff classification does not by itself require continued detention, as those matters remain for adjudication. Revenue interests may be protected through conditions such as payment of duty at the departmental rate and execution of a personal bond for the remaining differential duty. Provisional release may therefore be granted without prejudicing investigation, adjudication, classification, import-policy compliance, or final duty liability.....
TaxTMI