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Posted 11th December 2020

Rules of Origin

After Brexit, where goods are made will affect how much duty is paid and whether extra documentation is needed.

-This post has been updated to reflect the EU-UK Trade and Cooperation Agreement-

 

Rules of Origin are highly technical and you should seek advice from your local Chamber of Commerce to gain a definitive view. Unfortunately, the Trade and Cooperation agreement leaves many open questions about preferential treatment of non-UK goods being exported from the UK.

 

General principles are set out here but you should seek specific advice from the Chamber of Commerce. Details below.

 

Before shipping your goods to the European Union, you will need to know their origin because this will affect:

>> whether any preferences or quotas apply

>> whether a statement of origin is required (there are different types)

>> if any duty is payable under the Common Customs Tariff

 

It’s the exporter’s responsibility to provide this information.

 

Their origin does not mean where the goods are shipped from. Instead, it’s where the goods – including any component parts – were made.

 

If the goods are of UK origin:

They will be tariff and quota free. A Statement of Origin is needed. We can provide you with this.

 

If the goods are of EU origin:

If imported goods are of European Union origin, they are tariff and quota free when entering the UK. A Statement of Origin is needed.

However – if imported goods are worth over £5,700 (€6,000), they are not automatically granted preferential duty rates. The EU exporter must be REX registered.

 

If the goods are of multiple origin:

Often, goods are multiple origin – such as a watch which has lots of different parts which are from many countries. There are complex rules to determine how multiple origin goods will be treated when arriving into the EU, or coming from the EU to the UK. The best place to go for advice on how to treat multiple origin goods is your local chamber of commerce.

 

Generalised System of Preference certificates:

Where goods have been imported into the UK using a GSP certificate, it is worth noting that (from 1 January 2021) since those goods will not be in free circulation in the European Union, the related GSP cannot be used for a second time if the goods are exported onto the EU. This means the Common Customs Tariff will apply to those goods notwithstanding a GSP could have been used had the goods been exported directly to the EU. The problem can be negated by holding the goods in a facilitation before exporting onto the EU, so those goods never enter free circulation in the UK.

 

ATRs: goods of Turkish origin:

An ATR is a goods movement certificate used for preferential treatment of goods moving between the EU and Turkey. These ceased to be effective between the UK and Turkey after 31 December 2020. Following the trade agreement between the UK and Turkey, a UK-EUR1 must be used to declare origin and gain preferences. This is for goods moving from the UK to Turkey, and from Turkey to the UK. Under the TCA, it seems that Turkish goods transiting the UK which are then exported to the EU may be subject to duties even though Turkey is in a partial customs union with the EU. We are awaiting clarification and this post will be updated.

 

To speak to our in-house Brexperts today, email brexit@baxterfreight.com or call 01159750400

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