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Customs duty� -� whether the Appellant had �empowered� a third party to act either as its direct or indirect representative in dealings with the Customs authorities� -� if so, whether the Appellant could sustain the various limbs of the defence against liability for the duty provided for by Article 220(2)(b) of Council Regulation 2913/92 -� Appeal dismissed
This case concerned a post-clearance demand by HMRC for unpaid customs duty in the amount of �119,120.89 plus interest. The Appellant is a medium-sized wholesaler, supplying organic produce principally to health food shops and other retailers. In the period from June 2006 to December 2008 the Appellant imported either 22 or 28 consignments (the precise number is not particularly material) of unrefined cane sugar from Havana, Cuba. It is common ground between the parties that the sugar was entered under the wrong commodity code for Customs Duty purposes which is why the duty is now claimed.
There were two different codes for the importation of raw sugar in the relevant period. Code 1701 11 10 00 applied to:
�Raw sugar not containing added flavouring or colouring matter; Cane sugar; For refining�.
�Raw sugar not containing added flavouring or colouring matter; Cane sugar; Other�.
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