Showing posts from tagged with: BDO Ireland

What now for Customs and Brexit?

Theresa May ran a Conservative campaign based on “Brexit means Brexit” which for May meant a Hard Brexit. In May’s vision of the future of the UK this meant leaving the Customs Union and leaving the Single Market.

For Irish Traders this meant the imposition of customs duties on trade with the UK, the imposition of border controls and potential complications for importing UK goods in terms of conformity with EU standards.

For the Agri-Food industry an additional nightmare would be the need for agricultural products to be imported from EU approved plants and the requirement for import licenses.

What Brexit means is still unclear

Brexit might still mean departure from the Single Market and Customs Union as planned by Theresa May and re-confirmed by the UK Chancellor of the Exchequer, Philip Hammond in an interview with the BBC on the 18th June.

However there may still be a Free Trade Agreement concluded which will minimise the impact of customs duties and tariffs.

Finally, with the DUP now entering a confidence and supply arrangement with May the views of Northern Ireland businesses will have to come front and centre in the negotiations. Arlene Foster has made it very clear that the DUP is against a hard border with the Republic of Ireland. For the border this can only mean good news and a focus on what will be good for business trading North to South (which equally impacts positively on South-North trade).

What steps should Exporters be taking at this point?

Essentially this has not changed from the advice provided in previous newsletters.

Firstly review the supply chain and determine the information and other requirements which will be necessary to enable you to complete Import/Export Declarations and minimise any delays at customs.

Secondly review your products and determine the best, likely and worst case scenario in terms of additional duty rates.

Thirdly upskill and train staff to understand and implement the new requirements.
 

What could a “practical” Brexit look like in trade terms and how should business now look to plan ahead for March 2019?

1. Trade Agreements and Tariffs

The first question often asked is whether or not customs duties will apply on imports into the UK from Ireland or on import into Ireland from the UK.  At this point there is no answer to this question as it will depend on the type of agreement the UK and EU conclude and the scope of that agreement (most agreements have limited applicability to agricultural products).

When people refer to a Hard Brexit or a Soft Brexit it generally refers to the UK being outside the EU/Customs Union/Single Market (Hard Brexit) or remaining part of the Single Market or Customs Union.

In the former case this would mean the UK being treated as a third country subject to standard MFN (WTO) rates. This can range up to 10% for industrial products and up to 50% for agricultural products.

In the case of a soft Brexit however any of the following scenarios could apply:

  • The UK and EU agree a Customs Union with the EU – similar to the current arrangement for Turkey. Under the Turkey Customs Union, Turkey agree to adopt the EU’s common external tariffs on third-country imports, as well as all EU preferential trade agreements concluded with third countries. However, Turkey does not have a say in the negotiations of EU Free Trade Agreements with third countries (despite being bound by them in relation to imports). This would mean therefore that the UK apply the EU’s Customs Tariff to all imports into the UK. Goods subsequently imported into the UK or EU would not be subject to an additional duty payment on movement to the other’s territory (subject to an ATR cert to confirm the status of the goods). The UK would be subject to EU Free Trade Agreements (FTA’s) and would have to allow FTA countries preferential access to the UK market (It is to be presumed that they would also easily agree UK access to the FTA countries market).
  • EEA (Norway, Iceland, and Lichtenstein)/EFTA (Switzerland) type arrangement.
    The EEA countries have full access to the Single Market in the same way as current EU Member states on the basis that all EU single market legislation is fully implemented in their countries. In addition they must apply the four freedoms. EEA countries do not however have a say in the EU decision-making process on relevant EU legislation and policies.Goods can move without customs duties where goods qualify as “originating products” (subject to a EUR1 document to prove originating status).
  • Preferential Trade Agreements – The EU has concluded a myriad of trade agreements such as the Canada Trade Agreement and South Korea Trade Agreement. Each agreement is specific to the party and what they agree to. In general however these agreements provide for preferential duty access to each other’s market subject to goods qualifying as “originating” – as per the EEA/EFTA agreements above.

 

2. Border Controls

Regardless of the type of agreement concluded, once the UK becomes a non-EU country a customs declaration will still be required on export from the EU and import into the EU. In addition some form of Border control will have to apply.

Even with imports from Turkey, which has a Customs Union with the EU, a SAD is required to be lodged along with an ATR document to prove that goods are in free circulation in the Union.

Similarly with the Norway- Sweden border there are customs controls and the requirement for customs declarations. On the Norway-Sweden border for example there are 10 customs checkpoints with HGVs required to travel via one of these road border crossing points.

However, with an EEA/EFTA type arrangement or a Customs Union then the possibility of an electronic border and customs facilitation stations, as envisaged by Revenue, becomes more likely. While this would simplify the position on the North-South border in terms of movement of goods it does not negate the need for customs compliance and declarations to be submitted to Customs to account for the movement of those goods.

For more information about our partnership with BDO Ireland click here.

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Impact of Brexit on VAT

Since the introduction of the Single Market in 1993, there has been no VAT charged on cross border supplies of goods to business customers (B2B) based in other European Union (EU) Member States and no requirement to pay VAT on import when an EU based business brings goods in from another Member State.

Instead, supplies of goods between VAT registered entities within the EU are ‘zero rated’ for VAT purposes, provided that the customer’s VAT number in a different EU Member state is obtained and there is proof that the goods have left the country of departure.

Under the current system, the onus is on the customer to self-account for any VAT arising  on the intra community acquisition of the goods on a reverse charge basis, at the rate of VAT prevailing in the country of arrival, with VIES/EC Sales and Intrastat filing obligations generally arising as part of the related procedure.

So what will change post Brexit when goods are being supplied to business customers based in the UK, including Northern Ireland?

Ultimately the VAT implications will depend on the outcome of the forthcoming Brexit negotiations between the UK and the EU.  If we assume that trading with the UK post Brexit will be similar to trading with any other non-EU country the following scenarios are likely to prevail in addition to any Customs related implications:

  • VAT on importation will become payable on the value of goods being brought into the UK from EU Member States (and vice versa) by both business customers and consumers (allowing for likely de minimis amounts on which VAT will not be collected).The Value for VAT purposes includes the cost of the goods, the related freight & insurance and the customs duty.  In these circumstances arrangements will need to be made by importers of goods to discharge any VAT arising on import or alternatively, to put a VAT deferral account in place which involves lodging a bond with the Tax Authorities. Otherwise the goods being imported will not be released by the Authorities until the related VAT liability is paid.
  • VIES/EC Sales listings and Intrastat filings which supplement details included on VAT filings will no longer be relevant for supplies of goods and services into the UK as these only pertain to cross border supplies between EU based suppliers
  • UK VAT Rates may differ to those currently in existence (standard rate is now 20%) and it is possible, albeit unlikely, that the UK could reduce its VAT rates significantly to encourage trade, as it will no longer be confined by the EU requirements to maintain VAT rates within a certain range.
  • VAT registration may be required in the UK by EU based suppliers maintaining ‘call off’ stocks of goods, there for draw down by single customers, where simplification measures currently exist to avoid the necessity for such registration.UK Registration requirements may also crystallise in circumstances where simplified triangulation arrangements currently applicable involving a chain supply between ‘VAT registered’ entities in 3 different EU Member States enables the avoidance of a VAT registration by an intermediate supplier.  It is also possible, albeit unlikely, that the UK could oblige non-UK established service providers to register for VAT in the UK in respect of the provision of certain services to UK VAT registered entities where the VAT on such services is currently accounted for by the recipient of the services under reverse charge.
  • UK VAT which is correctly chargeable to businesses established in other European Union Member States which are not obliged to register for VAT in the UK, will no longer be reclaimable under the Eighth VAT Directive Electronic VAT Refund (EVR) scheme. This VAT will most likely have to be reclaimed under the Thirteenth VAT Directive Claim procedure which currently applies to businesses in other non-EU Countries.
  • The VAT Margin schemes currently in operation throughout the EU which apply to sales of second hand goods (including cars), works of art, tour operators/travel agents etc. across the European Union may no longer apply in the UK post Brexit.
  • Distance Sales (i.e. sales of goods from a business in one EU Member State to Consumers based in other EU Member Satiates) thresholds will no longer apply in respect of supplies of goods from the EU to UK based consumers and in respect of supplies of goods to EU based consumers by UK based suppliers.

 

It will also be a lot more cumbersome for goods to be supplied cross border to consumers both by UK suppliers into the EU and EU suppliers into the UK due to VAT and possibly Customs duty liabilities crystallising at the time of importation.

At least some of the above scenarios will result in additional administrative requirements and cash flow management costs.

Additional Administration costs include staff costs in preparing and processing the necessary back up detail, obtaining professional advice regarding the VAT implications of trading with the UK, registering for VAT and additional compliance obligations – filing VAT returns etc.

Cash flow management will become critical when managing the time lag between paying and reclaiming VAT because if not managed effectively it can give rise to financial negative cash flow implications / additional working capital requirements as VAT on importation of goods may not be refunded for a matter of months or even longer.

Under the likely new regime VAT physically paid on importation or paid using a deferral account should continue to be reclaimable in line with current rules underpinning entitlement to VAT recovery with Single Administration Documents (SADs) being required when reclaiming VAT paid on import in Ireland and C79s in the case of UK VAT on import.

So what VAT steps should exporters and importers take now in preparation for Brexit?

Be Brexit ready – Start to review your business strategy with regard to the likely impact of Brexit on your business and try to minimise any negative VAT impact as much as possible.  Please see below for further suggestions on how you can become Brexit ready:

  1. VAT deferment facility – This should be considered in the context of bridging the gap between paying the VAT on importation and reclaiming it.
  2. Delivery Terms - Serious consideration should be given to the terms of delivery agreed with suppliers. DDP as opposed to DAT/DDU should be preferred.  This also needs to be considered from a commercial perspective.
  3. Review your supply chain – Have a Brexit Impact study carried out on your business with a view to identifying what steps can be taken at this stage to avoid potential exposure to your business.

 

BDO is actively working with a number of our clients to examine their supply chains to determine the risks of Brexit to their businesses.  We are considering what alternative strategies can be taken to plan as early as possible, rather than them running the risk of being exposed following the conclusion of the negotiations between the UK and the EU.

For more information about our partnership with BDO Ireland click here.

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Claiming Preferential Duty Rates – what you need to know?

Free Trade Agreements Facilitation goals can include removing or cutting customs duties on goods; scrapping any limits (quotas) on the amounts firms can import/export; allowing businesses to provide services and bid for public contracts in the other country and cutting red tape whilst maintaining important standards like health and safety or environmental protection.

The reduction or removal of customs duties is usually the benefit that traders will focus on because it provides a tangible financial benefit to their business by reducing the cost of their raw materials or by making their goods more competitively priced in the free trade market.

However here are conditions attached to the FTA such as goods must be deemed to have preferential origin status in the country of supply and the importer must have proof of this origin status.

Origin is the 'economic' nationality of goods traded in commerce

Origin with regard to Customs is comparable to people passing through an airport after arriving in a destination country. The ease of movement through immigration controls depends on your nationality and any agreements made between your country and the country you are now entering. These checks can range from a simple glance at your passport to more vigorous checks and the need to purchase a visa for countries with no agreements in place.

In the case of goods, their preferential origin status is their nationality or citizenship and their proof of origin status (EUR1 or supplier declaration) is their passport.

Like citizenship, preferential origin is subject to a number of conditions. When an Irish citizen travels from Canada to the United States they are not doing so as a Canadian citizen and likewise it is not enough for a product to be simply transported from a country to claim that it has preferential origin status in that country.

The two principle determining factors in assessing a goods right to preferential origin are; that they are wholly obtained in that country or that they have they been sufficiently transformed in that country to confer origin.

Wholly obtained

Products are considered as "wholly obtained" in a country when they are entirely produced in that country without having used input from other countries.

Examples of wholly obtained products include:

  • Vegetable products harvested or gathered in that country;
  • Live animals born and raised in that country;
  • Products obtained from live animals in that country;
  • Products obtained from hunting or fishing conducted in that country;
  • Products obtained by maritime fishing and other products taken from the sea by a vessel of that country;
  • Mineral products extracted from its soil, from its territorial waters or from its seabed;
  • Products extracted from marine soil or subsoil outside that country’s territorial waters, provided that the country has sole rights to work that soil or subsoil and products produced from a combination of any of the above examples.

Sufficiently transformed

Ordinarily it should be clear whether or not a product has been wholly obtained in a country but what if a product has not been wholly obtained but has been manufactured in a country, can this qualify as preferentially originated?

The answer to this is yes.  It may qualify but first it must satisfy the conditions for preferential origin as set out in the FTA between the two countries.

The specific rules on how a product will qualify as being sufficiently worked in order to confer origin are dependent on the tariff classification of the finished product that is exported.  An outline of the classification process can be found here.

Some of the listed rules consider whether the processing carried out has added sufficient value to the exported product, that the finished product is of a different tariff heading to the non-originating raw materials used, that specific processing operations have been carried out or a combination of any these options.

Other concepts in preferential origin

The general tolerance or de minimis rule may allow the use certain non-EU materials in the processing of a wholly obtained product whilst still retaining preferential origin status.

Minimal operations or simple processing operations such as packaging or labelling products will not be sufficient to confer origin.

There are other considerations with preferential origin claims such as directly transporting the product, the non-manipulation of the product and duty drawback rules. The concept of cumulation can make it easier to meet the conditions for preferential origin claims, by forming countries into groups or zones for origin purpose. The application of these rules and concepts will differ depending on the products and countries involved and should be considered on a case by case basis.

It should be noted that while it is the exporter who is responsible for declaring the origin status of the goods, it is the importer who will receive the benefit of the preferential duty rate of the imported goods. The implication of this is that in a post clearance audit situation, if it is found that the product doesn’t qualify for preferential origin it will be the importer who will be assessed on the difference between the preferential rate of duty and the duty rate applied without preferential treatment. As assessing the originating status is generally completed on a self-review basis by the exporter, the importer should therefore be aware of the preferential origin rules in order to carry out their due diligence on their supplier’s claim of origin.

In cases where the preferential origin status may include an element of doubt, a trader can apply to their national customs authorities for an origin ruling. This will provide them with certainty regarding the application of the rules. In the EU this ruling is known as a Binding Origin Information (BOI).

Proof of origin

In order for a good to claim preferential origin on import the exporter must provide proof of origin status which comes in the form of either a preferential origin certificate or a supplier’s declaration. A preferential origin certificate is completed by the exporter and stamped by customs on export. The preferential origin certificate that is used in the EU is called a EUR1.

Alternatively, an exporter can make a declaration on the commercial invoice that the goods have preferential origin. In order to make an invoice declaration for goods exceeding a value of €6,000 an exporter will have to apply to Revenue to become an approved exporter.

The Registered Exporter system (the REX system) is the system of certification of origin of goods that applies in the Generalised System of Preference (GSP) of the European Union and was introduced on 1st January 2017 with a transition period running to 2020. To be entitled to make out a supplier’s declaration on origin, an economic operator will have to be registered in a database by their competent authorities. The economic operator will become a "registered exporter".

Important points to consider

  • Are the goods “wholly obtained”?
  • Do they qualify as sufficiently transformed? Note: that they have been correctly classified and the correct rule has been applied.
  • Will other factors affect the preferential origin status?
  • Will a ruling (Binding Origin Information) be required?
  • Do you need to register on the REX system?
  • Do you know how to complete a EUR1 or a supplier’s declaration?
  • When you receive proof of origin from an exporter, have you made sufficient enquiries to assess that this has been correctly issued?

For more information about our partnership with BDO Ireland click here.

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Accessing New Markets – Using EU Trade Agreements

With the increasing concern on the additional costs companies will face on accessing the UK market in the future this is now a good time to look at leveraging off current EU Trade Agreements. The EU is extremely active in negotiating trade agreements and there are significant opportunities for companies looking to diversify their markets outside of the UK and Continental Europe.

It is also worth remembering that once the UK leaves the EU they will have to negotiate independent trade agreements outside these EU agreements.

In our first newsletter we outlined the benefits of Canada as an opening market for Irish Companies with the new CETA agreement. Over the last month there has, in addition, been an extremely strong focus on this market with visits by An Taoiseach and the EU Commission for Agriculture, Phil Hogan. For the Irish Food and Drink Industry the Canadian FTA is of particular benefit as it opens up the Canadian Market to exporters of cheese, wine and spirits, fruit and vegetables, and processed food products, which is not typical of Trade Agreements. In fact Commissioner Hogan recently tweeted that “once CETA” is fully in place, Europe will be able to export nearly 92% of its agricultural and food products to Canada duty-free”

However along with the Canadian Agreement there are many other agreements as can be seen by the EU infogram below.

Exporters looking to develop new markets could therefore look at countries such as

To name but a few.

In our next newsletter we will expand on how to qualify, under rules or origin, to take advantage of these Trade Agreements. We will also update on ongoing trade and market access discussions taking place with countries such as Japan, Indonesia and China.

For more information about our partnership with BDO Ireland click here.

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Brexit and Borders

As we move into the negotiation and “divorce” phase of Brexit the main questions being asked by Irish Exporters are

Will there be additional tariffs to consider

Will there be border controls on trade with the UK

While nothing is known with certainty, particularly in relation to tariffs, there are at this point some extremely likely outcomes which businesses need to start preparing for.

Tariff and Duty Costs

The question on the introduction or not of tariffs is probably the most “known unknown”. The answer will depend on whether, or not, there is some form of (Free) Trade Agreement concluded between the EU and the UK. This it-self will only be known after the conclusion of, or at least positive developments in the “Divorce Negotiations”.

At a high level there are two possible outcomes:

A Free Trade Agreement is concluded which allows for a 0% duty rate on trade between the EU and UK.
If this is concluded Exporters still need to be aware of two potential complications
i) Most FTAs require companies to prove their goods are “originating” in order to benefit from the preferential duty rate. This in itself can be a complex process.
ii) Most FTAs do not cover agricultural products or restrict the benefits for agricultural products. While this may be unlikely for an EU-UK Trade agreement it still needs to be considered.

No FTA type agreement is reached and Tariffs are imposed.
In this case the tariff on import into Ireland/ the EU will be the duty rate currently applied by the EU. The tariff on import into the UK will be set independently by the UK Government. This could range from 0% to EU tariff rates to WTO bound rates.

A prudent approach therefore is to assess the impact of EU/WTO rates in looking at the potential additional duty cost that might arise on imports into the UK; and assess the impact of the current EU rates on imports into Ireland from the UK.

 

Borders

The key question at present, possibly more than tariffs, is whether there will be border controls introduced. This tends to break down into two aspects

Will there be border controls, and the requirement for Export and Import Declarations, at the Sea Ports and Airports?

Will there be border controls, and the requirement for Export and Import Declarations, at the North-South Border?

The unfortunate answer is that it is extremely difficult to see a situation where, under current EU legislation, there are no border controls.

We do have to look however at what this means.

Firstly will there be a requirement to lodge Export and Import declarations (SADs in Ireland/C88 in the UK)? It is almost impossible to see a situation where this will not be a requirement once the UK is a non-EU Country.

What does this mean?

Customs Declarations require 54 boxes of information to be supplied to Revenue, from details of the consignor/consignee to customs value to tariff classification to weights. Probably the most complex part of this is the requirement to provide the tariff classification.

These Export and Import Declarations need to be lodged with Customs, electronically, prior to export/import. Most goods will obtain instant clearance (95%) but some goods will require further checks before being allowed to clear. In all cases however these Declarations can be subject to post-clearance audit any time within the next three years.

It is important to remember that the lodging of Export and Import Declarations is no different to lodging any Tax Declaration and therefore the information supplied to Customs needs to be 100% accurate and correct or you may be subject to additional duty costs, fines and penalties (As with any Tax Audit).

The next concern is the type of border controls which might be introduced by Customs. At this point this is not 100% clear but ideally, will involve the use of electronic systems to minimise delays. As we know from many of the recent news reports this is a critical aspect for Revenue at present.

What next?

At this point most companies impacted by trading in the UK are looking at reviewing their supply chains and assessing the impact of additional tariff and non-tariff barriers on their businesses.

This modelling can be done using many resources. Enterprise Ireland, for example recently launched the ‘Brexit SME Scorecard’, a new interactive online platform which can be used by all Irish companies to self-assess their exposure to Brexit under six business pillars. Based on answers supplied by the user, the Scorecard generates an immediate report which contains suggested actions and resources, and information on events for companies to attend, to prepare for Brexit. The platform can be accessed at www.prepareforbrexit.ie

We would therefore recommend that companies pro-actively engage in completing this type of analysis and increase their knowledge of Customs.  This is particularly important for those companies who sell only within Europe, and have a significant portion of sales in the UK,  as this may be their first interaction with the Customs Authorities.

 

For more information about our partnership with BDO Ireland click here.

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Customs Classification – the What? Why? & How?

Traders who import or export goods into or out of the EU and following Brexit, the UK are required to provide a classification code for the customs clearance of each of their goods being shipped. When asked to supply a classification code by a clearance agent a number of questions arise, namely;

  • What are customs classification codes?
  • Why do traders need to be aware of them?
  • How do you classify goods for customs declarations?
  • What to do if there is uncertainty regarding the correct classification?

So what are customs classification codes?

Customs classification codes are often referred to as HS / HTS Codes, commodity codes or tariff codes. They consist of a 10 digit code for imports or an 8 digit code for exports. There is a worldwide Harmonised System which around 180 countries apply, which aims to harmonise the first 6 digits of the code across these countries. However, the interpretation of the legislation can differ between countries, so if a US supplier has a HS code on the commercial invoice it may be dangerous to assume that this code will also apply when importing into the EU.

Why do traders need to be aware of them?

Traders need to be aware of the correct classification of their products for a number of reasons;

  • Determines Rates of duty and other taxes at import – the classification of an imported good drives the customs duty rate for the imported goods. The duty rates can vary between 0% up to 25% for certain food items.

The classification of the good also determines if anti-dumping duty or agricultural levies will apply.

  • Origin requirements/benefits for preferential trade – this is particularly important when considering the post BREXIT era. Many traders believe that if a Free Trade Agreement (FTA) is in place then customs duties and declarations will no longer apply. However, the reduction of customs duties in a FTA are conditional, with the condition rules differing between classification headings. Therefore, it is required that the imported goods are correctly classified and a customs declaration is lodged even when a FTA exists.
  • Whether goods are subject to restrictions at import or export
  • Avoid delays or seizures
  • To avoid penalties and post-entry audit issues

The Importer is responsible for correctly classifying their goods on import and export.

Many traders rely on their clearance agent or HTS codes on the supplier invoice to classify their products. However, as an international trader you should be aware of the significance of the data on the customs clearance declaration or the Single Administrative Document (SAD). In the event of a post clearance check some of the more obvious information that a customs official may look out for is consistency of the information provided in the SAD. Take for instance a manufacturing company which imports plastic pipes as part of its operations. In box 31 of the SAD the product description is “Pvc plastic piping 50mm” then the Revenue officer would expect to see a tariff heading 3917 …., In box 33 of the SAD indicting that the product is “tubes, pipes and hoses of plastic”. However, if it is found that the tariff code provided is 4006 …., which covers “tubes … of rubber” this would be a red flag and could result in a post clearance customs audit.

Taking the above example, tariff heading 4006 which the importer has been using, attracts a 0% duty rate upon import into the EU. The correct tariff heading 3917 attracts 6.5%, so if Revenue go back 3 years (further in cases of suspected fraud) then 6.5% of the total shipments of plastic piping could mount up to a significant unbudgeted expense.

Regardless of how the error occurred, it is the importer who will be assessed for this duty which is generally not recoverable, so is a dead cost to the business. Furthermore, if the importer had been aware that the import of this product would have a duty impact prior to commencing importation, they may have been about to avail of customs economic (or special) procedures to suspend or eliminate the duty on import.

How do you classify goods for customs declarations?

The legal document which is used for classification in the EU is called the Combined Nomenclature (CN);

It is made up of:

-21 Sections

-99 Chapters

-960 pages

-Approximately 5,000 headings and subheadings

Classification is determined according to the terms of the headings and is subject to the Section and Chapter notes which are legally binding.

When classifying the product it is important to understand; the make-up of the product, its function, how it is presented at import, if it is an unassembled or unfinished product and the essential character of the product.

There are also guides to assist with the classification process such as the WCO Explanatory Notes and databases such as the eBTI database and TARIC in the EU and CROSS rulings in the US.

What to do if there is uncertainty regarding the correct classification?

There may be times when the classification of a good could fall between two or more headings. In other cases the risk of getting the classification incorrect could be too great in terms of extra customs duty or if one heading applied anti-dumping duty whilst another did not. Additionally, diverging codes could lead to falling foul of import/export restrictions if the classification of a product was deemed incorrect post clearance.

As the penalties for non-compliance can be severe in both financial and reputational terms, certainty is required by traders. The solution in these instances is to obtain a decision from revenue which is known as a Binding Tariff Information (BTI).

A BTI is legally binding on the holder and on all customs administrations within the European Union. Therefore, it provides legal certainty for its validity period of 3 years. The processing time for a BTI can be up to 120 days, so it is important to plan ahead before shipping materials.

Following the introduction of the Union Customs Code, the right to be heard has been removed for BTI applications. Therefore, if a trader submits a complete application to Revenue, Revenue can issue the BTI to an alternative heading without engaging in a further consultation process with the applicant. Whilst the option to appeal the decision remains, whilst the appeal is ongoing the BTI issued will be legally binding on the applicant. We would therefore advise that professional advice is sought prior to submitting an application, to allow the best chance of a satisfactory outcome.

 

For more information about our partnership with BDO Ireland click here.

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