Kernrechtsfrage
Whether underdeclaring imports at contingent tariff rates fulfilled the objective elements of customs duty evasion under Art. 74 Ziff. 6 ZG.
Extrahierter Entscheid
Yes. Declaring goods at a contingent rate despite exhausted or absent quotas objectively constitutes customs duty evasion, regardless of later detection by authorities.
Extrahierte Begründung
The customs procedure had already ended when the incorrect declarations were made. The risk of later discovery is irrelevant to the objective offence; the offense is complete once goods are underdeclared.