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Classification of the Imported Goods - fish protein - ...


Imported Goods Misdeclared as 'Fish Protein' Revealed as 'Fish Scales'; Tribunal Waives Fines Despite Scheme Misuse.

March 20, 2024

Case Laws     Customs     AT

Classification of the Imported Goods - fish protein - Misdeclaration for Availing Advance Authorization Scheme - The Tribunal concluded that the goods are correctly classifiable under Chapter Heading 0511 as processed/demineralized fish scales. This decision was based on the physical characteristics of the goods, technical literature, test reports, and the relevant chapter notes and headings of the Customs Tariff. - The Tribunal found that the appellant was aware that the imported goods were not ‘fish protein’ but rather ‘fish scales’, a restricted item requiring a sanitary permit, which was not obtained. Therefore, the benefits availed under the advance authorization scheme for certain consignments were deemed improperly claimed due to misdeclaration. - The Tribunal held that the imposition of a redemption fine or penalties was not warranted for the classification issue.

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