Prospective customs notification amendments cannot block provisional release of specialised second-hand equipment shipped under earlier Bills of Lading.
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....Customs exemption notification amendments operate prospectively unless they expressly provide for retrospective effect. An amendment commencing after the relevant Bills of Lading cannot govern imports of second-hand highly specialised equipment covered by those earlier Bills or justify refusal to consider provisional release. The request for provisional release must instead be considered under the law applicable to those imports; upon satisfaction of imposed conditions, the goods are to be released provisionally, without prejudice to independent adjudication proceedings.....
TaxTMI