KARACHI: Sindh High Court (SHC) directed customs officials to make sure filing their para wise comments on a constitutional petition filed by an importer against enhancement of valuation of its imported consignment of assorted tyres and tube with flaps of various sizes, specifications, designs and patterns from China.
On 11 February 2020, a two-member bench, headed by Justice Aqeel Ahmed Abbasi was hearing the matter.
During the hearing, counsel for M/s Mian Shafiq Business International argued that in normal course of business, the petitioner imported a number of consignments of assorted tyres and tube with flaps of various sizes, specifications, designs & patterns from China, inter alia, including on and off road tyres for dumpers, construction & mining machinery etc of PCT Heading 4011.8000.
He further submitted that according to the customs department, the on/off road category of tyres for use in dumpers & construction & mining machinery etc are/ were classifiable under PCT heading 4011.2091 & 4011.2099 attracting 35 percent regulatory duty against the claimed PCT heading.
He said that to the utter dismay of the petitioner, the respondents unilaterally changed the classification of tyres meant for dumpers and construction machinery and adjudged the purported short levied amount based on classification of under reference goods under PCT heading 4011.2091 & 4011.2099 which are actually meant for tyres of busses & lorries.
Citing Chairman FBR, the chief Collector of Customs Appraisement, the Collector of Customs Appraisement East and Additional/ Deputy Collector of Customs Appraisement East as respondents, petitioner pleaded the court may declare that the tyres for on/off road use meant for dumpers having different models & patterns are correctly classifiable under claimed PCT heading 4011.8000 as adjudicated vide ONO bearing registration 378 to 382 dated 10/10/2019.
He further pleaded the court may restrain the respondents from taking any coercive action during pendency of this petition against the petitioners including but not limited to blocking of the NTN, unnecessary harassment, blackmailing lodging any FIR or attachment of petitioner’s property/ bank accounts etc.
