KARACHI: Customs Adjudication has exonerated M/s F.A.S Enterprises of the charges leveled against them of importing counterfeit products and mis-declaring the values of the goods and ordered the authorities to release the goods on the basis of declared value or any evidential value on the basis of 90-day data.
M/s F.A.S Enterprises was represented by Faisal Ghani and Ghulamullah of M/s Franklin Law Associates.
The importer was alleged for importing counterfeit brands of watches and sunglasses and misdeclaration of value on the suspicion of gross under invoicing.
The importer through their consultant M/s Franklin Law Associates denied all charges. Faisal Ghani and Ghulamullah contended that the Customs Collectorate had not only over stepped its jurisdiction but also made mockery of the provisions of the relevant laws and procedures. They further contended that in a similar case, the High Court of Sindh allowed release of the consignment as there was no complaint whatsoever from any authorized person that the imported goods were in violation of trade mark or copy right laws.
It was also contended by the counsels of M/s Franklin Law Associates representing the importer that the assessment made itself showed that the Collectorate had accepted the legality and proprietary of the subject import.
As regards allegation of misdeclaration of value, the importer’s counsels contended that determination of value is the mandate of Directorate General of Customs Valuation. Therefore, action taken by the Collectorate on their own for determination of value is in violation of law.
After detailed deliberation of the case, Customs Adjudication noted the clearance Collectorate not only flouted the provisions of stated law but also caused material injury to the importer of the impugned goods.
Customs Adjudication noted the charges as leveled against the importer are not established. Their impugned goods may therefore be released on the basis of declared value or any evidential value (on the basis of last 90 days data) without any discrimination. Delay Detention Certificate may also be issued to the importer. The Show Cause Notice was disposed off accordingly.