Customs Order, 2006 · As enacted · Part III · Levying of Customs Duties
11. Classification and valuation by proper officer of customs
Official textFrom Attorney General's Chambers, unchanged
( 1)
A proper officer of customs may, in respect of any dutiable or uncustomed goods
officer of customs
"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
{a)
determine the class of goods to which such dutiable or uncustomed goods belong; and
goods
"goods" includes animals, birds, fish, plants and all kinds of movable property;
{b)
value, weigh, measure or otherwise examine, or cause to be valued, weighed, measured or otherwise examined such dutiable or uncustomed goods, for the purpose of ascertaining the customs duty leviable thereon.
customs duty
"customs duty" means any import duty, export duty, surtax, surcharge or cess imposed by or under this Order;
All necessary operations relating to the valuation, weighing, measuring or examination of dutiable or uncustomed goods shall be performed by or at the expense of the owner thereof or his agent:
Provided that the proper officer of customs may at his discretion direct that any such operations shall be performed by persons under his control, and in any case such operations shall be performed at the expense of the owner or his agent.
When a valuation of any goods has been made by a proper officer of customs, such valuation shall be presumed to be correct until the contrary is proved.
Any person who is dissatisfied with a decision of the proper officer of customs under subsection (1) as to whether any particular goods are or are not included in a class of goods appearing in an order made under subsection ( 1) of section 9 or with the valuation, weighing, measuring or examining of any goods may pay the customs duty levied under protest.
Where customs duty has been paid under protest, the proper officer of customs shall, within 30 days of such payment being made, refer any question as to classification or valuation of goods to the Controller for his decision.
Controller
"Controller" means the Controller of Customs and Excise appointed under subsection (1) of section 3, and includes the Deputy Controller of Customs and Excise;
Terms defined in s 2
Controller
Defined · s 2"Controller" means the Controller of Customs and Excise appointed under subsection (1) of section 3, and includes the Deputy Controller of Customs and Excise;
customs duty
Defined · s 2"customs duty" means any import duty, export duty, surtax, surcharge or cess imposed by or under this Order;
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
officer of customs
Defined · s 2"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;
Part IV
Importation and Exportation
Part VI
General Provisions Affecting Vessels in Territorial Waters
Part VII
Manifests
Part VIII
Warehousing
Part IX
Part C
Part X
Drawback
Part XI