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Declared Transaction Value: bona fide supplier mix-up precludes enhancement, confiscation and importer penalty while permitting duty-paid clearance.

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Full Text of the Document

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....Declared transaction value cannot be rejected merely because a foreign supplier mistakenly shipped different goods where the Bill of Entry matches the supplier's invoice and import documents, and no evidence establishes deliberate misdeclaration, fraud, suppression, wilful misstatement or duty evasion by the importer. The resulting classification change is not attributable to the importer. Goods received through a bona fide supplier-induced mix-up may be cleared on payment of appropriate duty. Confiscation, redemption fine and importer penalty do not arise without the required culpable conduct. Packaged-commodity declarations must be completed before home-consumption clearance and may be affixed with prescribed permission. BIS-non-compliant non-releasable amplifiers remain subject to re-export.....