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LAHORE: An importer of polymer polyvinyl chloride has proved prejudice behavior of Customs department for not releasing goods despite the clearance given against his earlier consignment of similar nature in accordance with the declaration, said sources.

They said the department was insisting on resending samples of the consignment to another lab after carrying out a lab test themselves.

According to details, the importer had imported similar consignment against whom the department had issued a show-cause notice on the allegation of misdeclaration of the goods. The importer had contested it at the appropriate forum and had secured acceptance of his stance besides obtaining delay and detention certificate in his favor.

The sources said the department gave similar treatment to the goods when the importer imported two more consignments of similar nature.

The importer contested the prejudice behavior of the authorities after finding that the department was bent upon giving similar treatment to his current consignment. He stated that not only physical examination but lab test of the current imported goods were also made by the department and nothing illegal was found on his part.

The concerned officer, on the other hand, maintained that the importer was required under the law to get its goods tested from the lab designated by the customs authorities and to pay the cost thereof, which was not followed by the importer.

The relevant authority was of the view the goods would be released if the importer pays the requisite fee and gets the lab test of the imported goods in case reports comes in his favor.

However, the importer produced a lab test already carried out against the imported consignment from the designated lab of the department.

According to the sources, the relevant appellate forum maintained that when a consignment of similar nature has been imported, duly classifiable under the particular head and the same was also found in accordance with the declaration there remains no justification available with the department to extend similar unapproved treatment to the newly imported consignments if these are found to be of the similar nature and no change in their classification etc., was detected.

The forum further declared that the insurance of the department to again send the samples to another laboratory appears to be misconceived and uncalled for as the department’s own lab has affirmed and confirmed the samples were in accordance with the declaration of the importer.

Copyright Business Recorder, 2023

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