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2015 (8) TMI 1504 - HC - CustomsProvisional release of seized goods - levy of ADD - Classification of goods - L-ASCORBATE 2-PHOSPATE - 35 PCT - It is the contention of the learned counsel for petitioner that the respondents ought to have at least allowed provisional clearance and release of the goods, pending the dispute - HELD THAT:- The issue relating to classification of items viz, whether the goods would attract Anti Dumping Duty or not, can be looked into by the authority concerned by adopting proper adjudication process followed by a speaking order, which is yet to be made. Hence, such exercise shall be completed by the respondents within a period of four weeks from the date of receipt of a copy of this order. In the meanwhile, for the purpose of release of goods i.e., L-ASCORBATE 2-PHOSPATE - 35 PCT, 50% of the Anti Dumping Duty as determined shall be paid by the petitioner and for the balance amount, a bond as directed by the authority concerned is directed to be executed by the petitioner. On such compliance, the goods shall be released forthwith. As far as the other item viz., MONO POTASSIUM PHOSPATE, it is mutually agreed by both the counsel on record that there is no dispute. Hence, the respondents are directed to release the said goods forthwith. Petition disposed off.
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