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DG Samaira issues order-in-revision against Valuation Ruling No 380

DG Samaira issues order-in-revision against Valuation Ruling No 380

KARACHI: Directorate General of Customs Valuation Director General (DG) Samaira Nazir Khan has issued Order-in-Revision against Valuation Ruling No 380/2011 under Section 25-D of the Customs Act 1969.

According to details, importer Sajid Chemicals Lahore had filed a revision petition under Section 25-D of the Customs Act 1969 against customs value determined vide Valuation Ruling No 380/2011 inter alia on the following grounds, in which it stated, “We requested you for revision of exparte/valuation ruling issued without following the spirit of mandatory provision of law of superior courts already in identical cases, wherein a proper criteria for issuance of ruling while following the spirit of Section 25-D of the Customs Act, 1969 has been given which has been ignored in the subject case.”

The importer was of the view that the relevant assessing authorities of the collectorate instead of assessing the same in the line with the transactional value as required under Section 25 of the Customs Act 1969 are arbitrary assessing the same at enhanced value on the basis of issuing Valuation Ruling No 380/2011 instead of transactional value.

The importer also said that the prices of chloro paraffin wax in international market have appreciably declined and the customs authorities are still applying higher prices which is void and without lawful authority, secondly vide application we reiterate the same for issuance of new valuation ruling/revised of earlier valuation ruling but neither any opportunity was given nor any valuation ruling was issued till date, the applicant left with no efficacious alternate remedy/except to file a writ petition impugning the valuation ruling.

In the Order-in Revision, the director general said that she had examined the petitioner’s written and oral submission and also carefully gone through the case record.

It has been observed that the petitioner had been attempting to contest against the impugned ruling until clearance of the imported goods in 2013. Although, Sajid Chemical had approached the director valuation for revision of customs values on the alleged grounds, but the company neither responded to the hearing opportunity nor did pursued the matter, which implied that the importer was merely interested to get clearance of the imported consignment only.

However, on merit of the case, it has been observed that the valuation ruling on chloro paraffin wax was issued in 2011 as per findings of Section 25(7) of the Customs Act 1969. It is obvious that variation and changes in prices due to market fluctuation is a common phenomenon and the prices may not be considered to remain constant for such a long period.

“The director valuation may therefore initiate necessary proceedings to revise the customs values of chloro paraffin wax, after affording due opportunity of hearing to the petitioner and other stakeholders,” the order stated.