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Customs - Highlights / Catch Notes

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Re-classification of Thorn - The Tribunal upheld the ...


Tribunal Reclassifies Goods, Modifies Penalties; No Societal Risk or Intentional Misdeclaration Found.

May 1, 2024

Case Laws     Customs     AT

Re-classification of Thorn - The Tribunal upheld the reclassification of the imported goods to CTI 76020090, agreeing with the authorities that the original classification was a mistake. - The Tribunal concurred with the absolute confiscation of the goods under the discussed sections of the Customs Act. However, it adjusted the penalties, allowing for the redemption of the confiscated goods upon payment of a fine, acknowledging that while the importer lacked a necessary license, there was no hazardous material in the goods that would pose a risk to society. - Penalties under section 114AA were set aside due to the lack of intentional misdeclaration.

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