KARACHI: Director General Customs Valuation Syed Tanveer Ahmed has issued Order in Revision No. 289/2017 under section 25-D of the Customs Act-1969 against Valuation Ruling No.977/2016 dated 24-11-2016. The revision petition was filed by M/s Aamena Enterprises.
According to the details, the applicant is aggrieved with the valuation ruling issued specifically in respect of prices notified for “other brands” at serial No. 2 i.e. $1.10/kilograms. They stated that before issuance of subject ruling the prices of subject items for all classes of importers were being assessed by the collectorates under valuation guidelines at a value a $0.50/kilogram for the respective categories as imported from various origins.
Since the valuation ruling issued is patently illegal, without any justification, arbitrary, discriminatory, completely against the law and in violation of the mandatory provisions of the Customs Act-1969 and the directions / interpretations of the honorable courts from time to time and hence the applicant prefer this review application without prejudice to their right to contest the same before any other forum available in law.
Hearing in this case was fixed for 06-01-2017 and commercial importer M/s Aamena Enterprises, Lahore represented by Darvesh K. Mandhan, advocate appeared for hearing. The petitioners contended that Chinese / Thailand are not exporting much as in bulk quantity is being imported from Europe. Two brands ‘Smart Heart, Me-O and A-Pro are being imported from China / Thailand. These are being imported on higher rates in the market but the value has been fixed uniformly at $0.90/kg for all higher brands.
By making ‘others’ category they have been driven out of the business. They are being assessed at higher rates whereas their products are of law price in the market. There is no justification for two categories when all higher brands are placed in first category, under low value. In view of the above facts,
Director General Customs Valuation in his order stated that I am of the view that both petitioners brands ‘Josera and Winner Plus’ as are being imported from Europe falls under serial No. 01 of Valuation Ruling No.977/2016 dated 24-11-2016. The category ‘Others’ may be abolished as all higher value brands are placed in first category at S.No.1, so there is no justification of other brands at higher rates.
