Sindh High Court
2016
THLN 1885
2016 PTD 1824
Laws Cited
Customs Act, 1969
Sections
25

ASTRO PLASTICS (PVT.) LTD. through Company Secretary and another

VS

MINISTRY OF FINANCE, GOVERNMENT. OF PAKISTAN through Secretary and 3 others

Petitioner(s) by: Abdul Sattar Pirzada and Umair A. Kazi
Respondent(s) by: Abid S. Zuberi for Respondent No. 3. Kashif Nazeer for Respondent No. 3 (in C.P. No. D-3045 of 2014 and in C.P. No. D-128 of 2015). Salman Talib-ud-Din, Additional Attorney General for Pakistan.
Present: FAISAL ARAB, C.J. AND MUHAMMAD IQBAL KALHORO, J
ORDER

ORDER:-MUHAMMAD IQBAL KALHORO, J.---Alleged disparity in classifying the duty structure for the import of polyethylene terephthalate (PET) Resin has been essentially challenged in the these petitions. Of a particular reference is a notification dated 04.03.2013, which is also under dispute here, whereby it has been laid down that if PET Resin is imported by BOPET film manufacturers, the duty would be 8%.2. Petitioner, a Pakistani company, is one of the only two manufacturers of BOPET film (polyester films) in Pakistan. PET Resin is the raw material used for making PET bottles, Polyester yarn and PET film. Chemically all PET Resins are identical as they are produced by same material i.e. Pure Terephthalic Acid (PTA) and Mono Ethylene Glycol (MEG), and in same stoichiometric proportion namely 0.85 units of PTA and 0.37 units of MEG to produce one unit of PET Resin. The petitioner claims that it is made by a combination of PTA (duty 3%) and MEG (duty 0%) in a Continuous Polymerization (CP...