Revocation of the custom broker license - The Tribunal observed...
Tribunal Reinstates Customs Agent's License, Overturns Penalties; No Violations Found in SCOMET Export Case.
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CustomsApril 29, 2024Case LawsAT
Revocation of the custom broker license - The Tribunal observed that the CHA fulfilled their obligations by advising clients based on the information available, which didn't indicate SCOMET-listed items. The CHA's role wasn't to conduct technical inspections but to process documents for customs clearance. Upon examining the SCOMET list amendment and comparing it with the exported goods, the Tribunal found no similarity to classify the goods as SCOMET-listed. Lack of awareness among customs authorities and CHA regarding the applicability of the amendment further supported the CHA's position. Allegations regarding the correctness of IEC numbers were deemed irrelevant, as no fraud or incorrectness was indicated. Ultimately, the Tribunal overturned the penalties imposed on the CHA, citing a lack of violation of CBLR obligations.
Revocation of the custom broker license - The Tribunal observed that the CHA fulfilled their obligations by advising clients based on the information available, which didn't indicate SCOMET-listed items. The CHA's role wasn't to conduct technical inspections but to process documents for customs clearance. Upon examining the SCOMET list amendment and comparing it with the exported goods, the Tribunal found no similarity to classify the goods as SCOMET-listed. Lack of awareness among customs authorities and CHA regarding the applicability of the amendment further supported the CHA's position. Allegations regarding the correctness of IEC numbers were deemed irrelevant, as no fraud or incorrectness was indicated. Ultimately, the Tribunal overturned the penalties imposed on the CHA, citing a lack of violation of CBLR obligations.
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