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M/s National Silk & Rayon Mills seeks review on VR No 1367/2019, 1371/2019 & 1438/2020

KARACHI: M/s National Silk & Rayon Mills Ltd have approached the Sindh High Court (SHC) and filed a constitutional petition seeking review on impugned valuation rulings no 1367/2019, 1371/2019 and 1438/2020 due to Covid-19 situation and seeking release order for three Imported consignments of 25.2000 MT formic acid 85% minimum, hydrogen peroxide 50% 2.04 MT from Bangladesh and polyester textured yarn 23760 kg imported from Thailand.

On 18 September 2020, counsel for the petitioner stated that petitioner imported 25.2000 MT formic acid 85% minimum from China against payment of US$ 9576 at rate of US$ 0.38 per kg dated July 13, 2020 and imported hydrogen peroxide 50% 2.04 MT from Bangladesh against payment of US$ 7078.80 at the rate of US% 0.347 per kg.

He further submitted that 3rd polyester textured yarn 23760 kg imported from Thailand at the rate of US% 0.8800 per kg in context of Covid-19 worldwide turmoil and business activities due to uncertain situation prices of goods are 40% to 60% has been decreased in the international markets.

He submitted that also concession in marine vessels carriage and handling charges  ( C&F) whereas in our country public functionaries made decision on their sweet will without any potential evidences and justification which is conflicting agreement on implementation of article VII of the general agreement of tariffs and trade 1994 (hereinafter valuation agreement WTO system enforced in Pakistan with effect from Jan 01, 2020) as the valuation agreement rules frame by the FBR in chapter-XI of the customs rules 2001 as per introduction of section 25A of the customs act, 1969 intended to comply with Pakistan’s obligation under the valuation agreement, para-1 of article 22 expressly provides that each member country shall insure the conformity of its laws, regulations and administrative procedure.

He further argued that valuation principles are ignored/ override applying section 25A such type of conflict Pakistan’s obligation under international law reference in this regard may be made marine engineering association of Pakistan V/S Shipping office Government of Pakistan is clear statutory provision embodies a WTO the determination of customs value average diverges from the valuation agreement whereas concerned authorities of the customs departments create a statutory bypass to the valuation agreement.

Citing chairman FBR, director Valuation and Collector of Customs Appraisement East, West and Port Muhammad Bin Qasim as respondents, petitioner pleaded the court may direct the respondents to review on impugned valuation rulings No 1367/2019, 1371/2019 and 1438/2020 due to Covid-19 situation.

2020-09-22
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