by MELISSA WICKHAM

THE BATTLE between used car dealers and the Customs Department is about to shift into a higher gear.

The dealers are warning that if over 300 cars detained at the Bridgetown Port are not released soon, they would head back to court. But this time, they're planning to have Customs documents for some of the new car dealers, subpoenaed for evidence.

The group is looking to show discrepancies in the way used car dealers are treated by that department, compared to those companies which import new cars.

Spokesperson for the group, Noel Euzebe, made the disclosure last week in a telephone interview with the SUNDAY SUN.

"[Customs] can look forward to being served with some sort of document next (this) week. If the Customs Department cannot satisfy us that a good faith attempt is being made to release the cars in the Port, we will have to seek redress with the high court again.

"If we find ourselves back in court, we will be requesting that the court subpoena the documents ... to show that Customs has been operating with a bias when it comes to new car dealers for the last year or so, and let the court see the kind of values Customs is accepting for brand new cars," he disclosed.

He said, for example, a new Toyota Corrolla may be valued by Customs for just over US$10 000, while this year they have placed values as much as US$12 000 on 2003 and 2004 Corollas.

"We can't understand how that can be. So we have to subpoena the documents to make our point. We had these options available to us, but we weren't using them because we didn't want an all-out war with Customs," said Euzebe.

The SUN was unable to get a comment from the Customs Department on these charges.

The used car group will also be seeking millions of dollars in punitive damages for the deterioration of the cars while at the Port. Some of the vehicles, which have been detained there since December last year for alleged under-invoicing have suffered damage from sea spray and extreme heat.

The dealers could also be taking their case a step further by reporting the matter to the World Trade Organisation (WTO), which could have serious repercussions for Barbados if it decides to impose sanctions.

"There are so many small points where our rights have been infringed as legitimate traders and Government doesn't seem to be concerned.

"One of the tenets of the WTO is that the Customs Department should not infringe on the legitimate trading rights of importers and it is clear from what has happened this year that that is what they have done; and we are considering reporting them to the World Trade Organisation," he said.

Euzebe said he believed used car dealers had "an extremely strong case" since the court had already spoken on the matter.

"I think we have shown tremendous goodwill, but Customs has responded in a manner that is not in agreement with the court order."

A prominent attorney said that under the Administrative Justice Act, which was designed to allow citizens to take administrators to court (in this case, the Comptroller of Customs is the administrator), importers could show the administrator was discriminating in the way in which he/she was carrying out his/her duties.

n Please see also page 14A