CIF Transaction Value Requires Cogent Evidence Before Customs Can Add Freight, Insurance, or Sustain Undervaluation Penalties

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....Customs valuation of CIF-imported fresh apples must begin with the declared transaction value, which may be rejected only on cogent evidence that it does not reflect the price actually paid or payable. The Department bears the burden of proving undisclosed additional consideration; an upstream FOB transaction, prepaid freight, Non-GMO certificates, and uncorroborated statements do not by themselves establish omitted freight, insurance, or a different CIF consideration. Disclosure of import documents and the CIF Incoterm precludes extended limitation absent deliberate collusion, wilful misstatement, or suppression intended to evade duty. Where valuation and extended limitation fail, enhancement, value-based confiscation, redemption fine, and related penalties cannot stand.....