Foreign used dealers challenge Customs Comptroller

Euro Car Parts of Charlieville and D&D Auto World, Freeport are contending that the Nissan Serena vehicles imported, are exempt from duties and motor vehicle taxes by virtue of what is contained in the 2016/2017 fiscal budget (Finance Act of 2016).

The two dealerships have been granted permission by Justice James Aboud to have reviewed, a decision of the Computer of Customs.

According to their lawsuit, the two dealerships are seeking declarations that the decision to deny the benefit from duties was illegal and constituted an error in law.

They are also seeking an interim order to have the vehicles released and wants an expert appointed to investigate the components of their vehicles and submit a report to the court.

They are also seeking an order of mandamus compelling the Comptroller to clear their vehicles without the need for them to pay duties and taxes. Their lawsuit states that on March 14 and 16, respectively, they imported a number of Nissan Serenas into the country. They say the vehicles are described as hybrid both by the exporter and Japanese manufacturer.

They further contend that the propulsion system in the vehicles has both internal combustion engine and a rechargeable battery which is capable of propelling the hybrids.

According to their lawsuit, the budget provided that taxes and duties shall not be charged on a hybrid vehicle with an engine size not exceeding 1999cc, which is capable of being propelled by a combustion of an internal combustion engine and an onboard rechargeable energy system or other energy storage device.

The dealerships said when their vehicles entered the country, their brokers were told they would only be released if the taxes and duties were paid. The two dealerships are represented by attorneys Jagdeo Singh, Kiel Tacklalsingh, Rishi Narine and Ananda Rampersad