Tribunal finds confiscation of import consignment by Appraisement without lawful authority

KARACHI: The Customs Appellate Tribunal has dismissed the appeal filed by Appraisement East against order-in-appeal, in favor of M/s Decent Autos who imported consignment of aerosol insecticide spray.

According to details, the importer imported aerosol spray of Mortien brand and sought clearance under PCT 3808.9110. In order to check whether the importer had correctly paid the duty and taxes and observed other laws, the GD was selected for scrutiny.

It was found that the trade mark registration No.151968 existed in the name of M/s Reckit & Colman (Overseas). The importers were asked as to why the goods having allegedly infringed trade marks have been imported. After due process, the goods were confiscation.

The importer approached Collector Appeals. The order in Appeal observed that M/s Reckitt & Colman (Overseas) Ltd UK nominated M/s Reckitt Benckiser in Pakistan being their sole agent for importing, distributing and selling Mortein insecticide spray i.e. being shipped by Reckitt Colman UK to Reckitt & Benckiser Pakistan, but the registered trade mark in Pakistan does not debar the manufacturer of the said product around the globe or commercial exporter not to export/market their product in the territory of Pakistan.

In the absence of any restriction worldwide, neither Reckit & Colman Overseas and Reckitt Benckiser Pakistan has locus standi to object to the imported consignments of the appellant which in the given circumstances infact least fall within the ambit of infringed goods, instead are of Mortein brand and nothing has been concealed by the appellant as evident from the declaration, which is true and correct in all respect.

Collector Appeals observed that confiscation of the consignment was without any lawful authority.

The Customs Appraisement approached the Appellate Tribunal and impugned the Order-in –Appeal.

The Tribunal found the impugned order as correct warranting no interference and dismissed the appeal being devoid of merits.

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