CACD 2465/2015

This case involved imported goods which had failed to pass customs tests and which the importer had disposed of without authorisation. The key issue was whether the correct valuation procedures had been followed when setting the fines.

Background

Two shipments were stopped by the Customs Department on behalf of a company. The Customs submitted samples to the laboratory after the merchant had pledged to wait for the tests results before disposing of the goods. As the results did not conform to the specifications, the importer was requested to return the shipments. The importer replied that he had disposed of the goods. The case was then referred to the First Instance customs Committee.

The Committee issued a ruling convicting the owner of the company of smuggling and forced him to pay a fine equivalent to double the amount of the customs fees for the infringing items and to pay the equivalent of the value of the shipment as a forfeiture fee.

Decision