Statutory Instrument 1991 No. 2925

The Customs Duties (ECSC) (Quota and other Reliefs) Order 1991

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© Crown Copyright 1991

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1991 No. 2925

CUSTOMS AND EXCISE

The Customs Duties (ECSC) (Quota and other Reliefs) Order 1991

The Secretary of State, in exercise of the powers conferred on him by sections 1 and 4 of the Customs and Excise Duties (General Reliefs) Act 1979^[1] and all other powers enabling him in that behalf, hereby makes the following Order:

    1.—(1)  This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) Order 1991 and shall come into force on 1st January 1992.

    (2)  In this Order—
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community^[2];
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987^[3] in relation to the goods;
"the EEC Regulation" means Commission Regulation (EEC) No. 693/88^[4].

    2.—(1)  Up to and including 31st December 1992, no customs duty shall be charged on goods—
 (a) which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
 (b) which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part I of Schedule 1 to this Order originating in China, nor in respect of goods originating in Romania.


    (2)  Up to and including 31st December 1992, no customs duty shall be charged on goods—
 (a) which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
 (b) which originate in a country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part II of Schedule 1 to this Order originating in Romania.


    (3)  Paragraphs (1) and (2) above shall only apply to goods in respect of which an importer delivers an entry thereof for free circulation (within the meaning of regulation 5 of the Customs Controls on Importation of Goods Regulations 1991^[5] and Chapter 2 of Title V of Commission Regulation (EEC) No. 2561/90^[6]) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1992 accompanied by such documents as may be required under the provisions of the EEC Regulation.

    3.—(1)  Up to and including 31st December 1992, no customs duty shall be charged on goods falling within a heading or subheading in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.

    (2)  For the purposes of paragraph (1) of this article the "relevant quota" in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.

    (3)  Subject to paragraphs (4) and (5) of this article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof for free circulation (within the meaning described in article 2(3) above) is accepted on or after the date of the opening of the quota, being an entry containing an application for relief from customs duty accompanied by such documents as may be required under the provisions of the EEC Regulation.

    (4)  The Commissioners may delay the acceptance of an application for relief from duty in respect of any goods for the purposes of paragraph (3) above for any period not exceeding 7 days from the date of the opening of the quota, and in such a case may, if the amount of the quota is smaller than the total amount of the goods in respect of which applications are made during that period, allocate the quota proportionally among all the applicants whose applications are accepted.

    (5)  Goods shall not be treated as forming part of the relevant quota if customs duty would not otherwise be chargeable or would not be chargeable at a higher rate than that applying within the quota.

    4.    For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.

John Redwood

Minister of State for Corporate Affairs on behalf of the Minister for Trade, Department of Trade and Industry

31st December 1991

[1] 1979 c. 3. back

[2] Council Regulation (EEC) No. 2658/87 (OJ No. L265 7.9.87 p.1), as amended by Commission Regulation (EEC) No. 2472/90 (OJ No. L247 10.9.90 p.1). back

[3] S.I. 1987/2184, as amended by S.I. 1988/1065, 1314, 2055, 1989/1088, 1610 and 1991/2583. back

[4] OJ No. L77, 22.3.1988 p.1, as amended by Commission Regulation (EEC) No. 3673/90 (OJ No. L356 19.12.90 p.32). back

[5] S.I. 1991/2724. back

[6] OJ No. L246 10.9.90 p.1. back

Explanatory Note