Collector Appeals rules customs value of bright yellow crude sulphur at $77 PMT fair and judicious

KARACHI: The Collector of Customs (Appeals) has upheld the Customs value of bright yellow crude sulphur and determined by the Valuation Department and dismissed the appeals of a couple of importers.
According to details of the case, he appellant imported a consignment of Bright Yellow Crude Sulphur from U.A.E at declared value of $65 PMT. The said value was found on lower side as compared to prevailing unit prices of identical goods. However, on request of the appellant the goods were assessed provisionally under section 81 of the Customs Act, 1969 at declared value and the matter was referred to valuation department for investigation of value.
The valuation department advised for finalization of value at $77 PMT. This resulted in short levy of customs duty and taxes. The difference between declared value and valuation advice are calculated as Rs 175870. Thus, the appellant was accordingly charged under the relevant provisions of law.
Not satisfied with the adjudication, the importer M/s Prime Chemicals Pvt. Ltd approached Collector of Customs (Appeals). The Collector observed that this is apparently an open and shut case since I don’t see any cogent or convincing / reasoning from the learned counsel for the appellants in terms of his grounds for Appeal and verbal arguments to compel to accept the declared value. The goods i.e. Bright Yellow Crude Sulphur were provisionally assessed for duty in terms of section 81 of the Customs Act, 1969 by the respondents on the specific request of the appellants since their declared value was not accepted. Subsequently, the Valuation Department determined the value of the goods to be $77 PMT which was accepted as the final value by the respondents. The ascertained assessment value of $77 PMT is quite close to the declared value and I find no reason to interfere with the same, being fair and judicious. The order-in-original is therefore upheld and the Appeal is not accepted.
This order shall apply mutatis mutandis to another appeal filed by the M/s. Akbari Chemical Industries involving the same facts, circumstances and the points of law.