Collector Customs, Adjudication II allows appeal by Tollar Enterprises

KARACHI: Collector of Customs, Adjudication II, Muhammad Iqbal Bhawana allowed an appeal filed by Tollar Pakistan against an Order in Original passed against the appellant company which imported a consignment of yarn.
Ilyas Ahsan Khan appeared for the appellant while respondent custom was represented by Appraising Officer Samiullah. The consignment was detained on ground that it was of Indian origin as found from the stamping of logo and web site information but was subsequently released. The appellant produced a copy of ONO passed by MCC East allowing release of the goods invoking same dispute on ground that outer packing cannot be made criteria for determining the origin. To support the contention a copy of “ Rule of Origin “ was also placed on record which clearly states that ‘ brand name cannot be used as evidence ‘.
The Adjudicating authority held that SWP is a traditional logo of supplier of Cutch Block and in the presence of number of GDs other than India, it is against the principle of natural justice to disallow the release of Myanmar Origin Cutch Block just on the pretext of SWP logo and packing. The adjudicator further held that “ department has failed to establish the charge of import of Indian origin goods conclusively. The adjudicator on basis of such finding allowed the appeal ordering forthwith release of the detained consignment. The issuance of delay detention certificate was also allowed.

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