KARACHI: National Chemicals moved the Sindh High Court (SHC) seeking release of consignment comprising methyl bromide containing chloropicrin under HS Code 3808.9170.
On October 31, counsel for the petitioner filed a petition and argued that petitioner imported a consignment of pesticide covered under HS. Code 3808.9170 and not under HS Code 2903.3910 as the heading 2903.3910 is for pure substance whereas H.S Code 3808.9170 is for methyl bormide which contains 2% chloropicrin and for many years it is being cleared under 3808.9170 and the only requirement is the certificate from Secretary Ministry of Climate Change.
He argued that the condition being imposed for the NoC from ministry of climate change is totally irrelevant as the registered agricultural pesticides are dealt under Appendix-B of the Import Policy Order and Agricultural Pesticide Ordinance, 1971 by department of plant protection, ministry of national food security and research and there in no condition for compliance of ministry of climate change.
He said that the unnecessary harassment is being done to the petitioner whereby the petitioner’s consignment has been lying at port incurring heavy demurrage.
Citing Collector of Customs Appraisement Port Muhammad Bin Qasim, Secretary Ministry of National Food Security, Secretary Ministry of Climate Change as respondents, importer pleaded the court to direct to release is consignment classified under H.S Code 3808.9170 and not under H.S Code 2903.3910 as is being claimed by the respondents.
He also pleaded the court to direct the customs officials to release the consignment of the petitioner under HS Code 3808.9170 as was being done in past.
