KARACHI: Additional Collector of Model Customs Collectorate (MCC) Port Bin Qasim Muhammad Ismail has issued Order in Original No 001/2018.
As per Order in Original, importer M/s. Hanif Traders, through imports of banned / restricted Indian origin fabric by way of mis-declaration, constituted an offence within the meanings of Sections 16 of the Customs Act, 1969 along with other.
The contravention report is submitted for further proceedings in the light of order’s dated 06.02.2018 passed by Honorable Supreme Court of Pakistan in Civil Appeal No. 1577 to 1579 of 2017 titled M/s. Horizon International Vs. Federation of Pakistan, for immediate compliance within the time limit stipulated by the apex Court.
Additional Collector Port Muhammad Bin Qasim stated that “I am of the considered opinion that the Certificate of Origin issued by the China Council for the Promotion of International Trade produced by the respondent importer is not an authenticated Certificate of Origin as it has not been issued by the manufacturer of the fabric in terms of Public Notice 08/2007 dated 12-03-2007 nor by the Chinese government.
Hence even the document of which the reliance about origin of manufacturing is based is a manipulated document. The only document which can prove the Origin of Goods is the Master Bill of Lading which is issued at China by the Shipping Company and such Bill of Lading was concealed by the respondent and did not consider the importance of the shipping documents like Master B/L to prove the journey of Chinese Origin goods from China to Pakistan via Dubai (UAE), he added.
The certificate of origin is not substitute of certificate from manufacturer and cannot be treated as evidence to prove that those particular goods are of Chinese origin as there is no identification like batch number or any serial number or marks & number of the identification as grey fabrics worth billions is imported from China and similarly Indian grey fabrics which is otherwise included in Appendix-G finds its way into Pakistan.
Keeping in view the recent past hundreds of the containers of the grey fabrics shipped from Indian ports were brought to Pakistan from India in violation of IPO through switching bill of lading at Dubai. In the light of the directions given by the Supreme Court of Pakistan the importer was unable to provide any documentary evidence and shed burden of proof in their favor which may substantiate that the goods were Chinese origin instead of India, therefore the goods are held to be imported in violation of Appendix-G of the Import Policy Order, 2016 read with the Para 5(B)(iii) ibid and section 16 of the Customs Act, 1969 punishable under clause (9) of the section 156(I) of the Customs Act, 1969.
Therefore, the impugned goods are ordered to be out rightly confiscated under clause (9) of the section 156(I) of the Customs Act, 1969 read with SRO 499(1)/2009 with no option to redeem the goods on payment of redemption fine. This order shall also applicable to the following case mutatis mutandis having identical facts and circumstances.
