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JCCC Customs Newsletter 38: Issues in the Customs and international trade area

March 2013 Edition

Contents

1: The Customs Newsletter.
2: Reports from EU/ International Meetings
Customs Code Committee Tariff & Statistical Nomenclature Section (Tariff Classification)
Textile Sector - 105th Meeting (9-10 Feb 2013)
Agriculture and Chemical Sector - 106th Meeting (6-8 Mar 2013)
Mechanical/Miscellaneous Sector - 103rd Meeting (6-8 Feb 2013).
3: Reports on Projects/ Customs matters
3.1 Joint Working Group on the Further Alignment between the AEO and Regulated Agent/Known Consignor Schemes
3.2 Review of Low Value Bulking Imports (LVBI)
4: Changes in Customs
4.1 Alterations to Customs Notices
4.2 List of recent Anti-Dumping Measures
4.3 List of CIPS
4.4 Removal of CIPS from the HMRC website
5: What is it?
EUROPA website
6: Hints on
Moving goods to a warehouse
7: Did you know?
That impersonating an HMRC officer is a serious criminal offence

1: The Customs Newsletter.

Welcome to Issue 38 of the Customs Newsletter. This newsletter covers January to March 2013.

The aim of this newsletter is to inform importers and exporters of changes in the procedures for movement of goods across borders.

If there is an article you would like to see please send requests to jccc.secretariat@hmrc.gsi.gov.uk

2: Reports from EU/ International meetings

Customs Code Committee Tariff & Statistical Nomenclature Section (Tariff Classification)

Textile Sector - 105th Meeting (9-10 February 2013)

Summary of main issues

1 Regulation was finalised. 1 CN Explanatory Note amendment was discussed for Chapter 64 footwear concerning removing the paragraphs concerning sporting technology. No Statements were adopted.

Topics for voting

Classification of a paper cylinder holding components of cigarettes The discussions are finally over and the draft reg has been agreed though not with a qualified majority. The product made up of several filters and tobacco are classified by GIR 1, 4 and 6 to 5601 22 10 as the article contains more filtering than tobacco components.

Topics for Discussion

Classification of canopy garden roofs

The article is a canopy which goes over a metal structure very much like a gazebo. It is not flat and does not come in with the frame. Heading being discussed are 63012, 630690 and 6307. UK favour heading 630690 as per the Regulation on Gazebo's Regulation 1218/99. More discussions to take place.

Classification of a "comfort blankie" for babies and young children

Description of goods, a piece of fabric shaped like a chicken with a knitted terry towelling body, woven fabric beak, woven strips added to the outer to edge with numbers and designs and also to the back edge to mimic a tail and lastly two more to mimic feet. On one side there is a woven edge in a contrasting colour. Heading being discussed are toys under 9503 or other made up articles under 6307. The UK would classify this in 6307 as we believe that it has very little play value, similar to the play mats. The article would need more interaction to classify it as a toy. More discussions to take place.

Classification of "cat scratchers"

The product is a made-up article which has a post covered in sisal and a base covered in a textile material. Headings under discussion are 4421, Section 11. Most countries prefer classification within Section 11 the code dependant on the type of material covering the post. The more substantial articles which not only have the covered posts with platforms and bedrooms are also being discussed. It is envisaged that there will be two regulations issued to cover both types. More discussions to take place.

Amendment to the Explanatory Notes to the Combined Nomenclature concerning sports footwear (CNEN to headings 6402, 6403, 6404, and to code 6404 11 00)

This concerns the removal of the paragraphs which detail special technology. The amendments were agreed.

Classification of a champagne bottle box made of cardboard

The goods are described as a champagne bottle made up of cardboard. The headings under consideration are 4819 and 4202. Majority of MS favoured 4202 a regulation will be drafted and voted on in the next meeting.

Classification of dog and cat beds

This concerns animal beds which are made from textile material with little or no padding at the base which do not have removal cushions. Some countries favour 9404 if padded, and others 6307. Example below NOT original sample. More discussions to take place.

Click here to view attachment

Next meeting: The next meeting of the Textile Sector is scheduled for 3-4 June (yet to be confirmed).

Contact: Beth Earwicker 01702 367257
Email
: beth.earwicker@hmrc.gsi.gov.uk

Agriculture and Chemical Sector - 106th Meeting (6-8 March 2013)

The Minutes of this Sector meeting have been published and are available on the www.europa.eu website.

Summary

8 Regulations were agreed at this meeting and only await language verification by Member States and 1 CN Explanatory Note amendment was referred to the CN Committee, no Statements were adopted.

Regulations voted on.

Cleansing Wipes – Used to remove make-up, tone and purify normal and combination skin:
Classification 3304 9900

Protein concentrates - Used for animal food:
Classification 2309 9031

Cats Claw – A food preparation presented in the form of capsules:
Classification 2106 9098

Moxa – The product is use for the treatment of patients: the rolls are lit and held close to the skin of the patient on specific acupuncture points and are burned to create deeply penetrating heat: made of a mixture of herbs:
Classification 1404 9000

Calcium Carbonate and Starch – A product in powder form suitable for use in several different areas, e.g. human foodstuffs, medicaments and paint fillers:
Classification 2106 9092

Recombinant Human Laminin – The product is intended for use in coating cell culture vessels:
Classification 3504 0090

Miso – A homogeneous, non-grainy, soft paste with a spicy smell and a predominately salty, spicy flavour:
Classification 2103 9090

Extruded Maize Flour Snacks – A product presented as small bites in the form of an arch:
Classification 1904 1010

Topics for Voting

Bittner Balsam – Considered being for general well being:
Classification 2208 9069

Proposed amendment to the Combined Nomenclature

Subheadings 2707 9991 and 2707 9999: Comments will be referred to the CN Committee.

The next meeting is scheduled for the 6-8 June 2013.

Contact; Nina Ramsey 01702 65044
Email
; nina.ramsey@hmrc.gsi.gov.uk

Mechanical/Miscellaneous Sector - 103rd Meeting (6th to 8th February 2013).

The Minutes of this meeting have been published and are available on the www.europa.eu/ website.

Summary

Three topics were submitted for voting at this meeting. No Statements were adopted at the meeting.

Of the other topics discussed, the UK has particular interest in the classification of Professional CD Players/Mixers, Handset for aircraft seats and Traffic Message Channel Receivers.

Topics for Voting

Regulations

The following Regulations were adopted. No CNENs or Statements were adopted.

Connector Parts

A product made of plastic with no metal contacts, terminals or other conductive materials. Functions as an insulating body of a connector, and also prevents the ingress of dirt, dust etc.
Classification in code 8547 20 00.

Metal Box for Champagne

A box made of metal sheeting designed to be used as a package for a bottle of wine. The outside of the box has a brand logo and name. Inside there is a detachable inlay which is shaped to hold a bottle.
Classification in code 7326 90 98.

Wood Composite Decking

A decking board made of wood composite, and composed of 60% waste wood fibres, and 30% recycled plastics. As the plastic holds the wood fibres, which constitute the filler, the plastic was considered to give the product its essential character.
Classification in code 3918 90 00.

Medical Tubes;

A flexible tube made of plastic, reinforced with a fine wire braiding, which is an integral part of the tube. It is intended to be used to insert a stent into the human body. The tube was not considered to be identifiable for medical use (heading 9018) as imported.
Classification in code 3917 39 00.

Small LCD Modules;

An LCD module designed to be incorporated in various products classified in Chapter 85, such as media players or radio receivers. As it is designed for use with goods of more than one heading, the goods are classified in heading 8548.
Classification in 8548 90 90.

LCD Modules;

An LCD module designed to be incorporated into a car dashboard for displaying video signals. It does not incorporate any video signal processing assembly, for example, a video converter, a scaler or a tuner. As it is designed for displaying video signals, the goods are classified in heading 8529.
Classification in 8529 90 92.

Body Composition Analyser (3 products);

1) A product which determines, for example, the percentage of body fat, percentage of muscle, bone mass, body water. Can also be used as a scale only. It is designed for domestic use.
Classification in 8423 10 90.

2) A product which determines, for example, the percentage of body fat, body fat mass, body mass index, body water. Can also be used as a scale only. It is designed for use by health professionals in diagnosing obesity, or by other users to provide information about their physique, or to check or improve it for appearance purposes.
Classification in 9031 80 38.

3) A product which determines, for example, the intracellular water, the extracellular water, protein mass, mineral mass, body fat mass, total body water, fat free mass, body mass index, skeletal muscle mass. It is designed for use by health professionals in diagnosing obesity, or by other users to provide information about their physique, or to check or improve it for appearance purposes.
Classification in 9031 80 38.

New CNENs;

9004 Spectacles, goggles and the like, corrective, protective or other

"Cords, chains and the like (for example, "spectacle cords" or "spectacle chains") for the products of this heading, whether or not with end loops, are to be considered as neither parts nor accessories, because they are neither integral components nor do they add to or improve the functionality of these products.

Therefore, they are to be classified according to their constituent material (for example, heading 5609, 6307, 7117, 7315 or 7616)."

9506 69 90 Other

"This subheading also includes so-called "anti-stress balls", which have the shape of a ball and can be decorated in various ways. They are usually made of plastic or rubber and are intended to be kneaded in the hand.

However, other "anti-stress items" intended to be kneaded in the hand, but not having the shape of a ball, are classified under heading 9503."

Topics for Discussion

Professional CD Players/Mixers:

A Commission Statement issued at the 465th Customs Code Committee held in December 2008, classified a product in heading 8519 as sound reproducing apparatus;

A product designed for the reproduction of sound. It is equipped with a CD player, 2 seamless loop points, 3 stutter starts, a tap BPM (beats per minute) counter, fader and a touch sensitive jog wheel allowing real time scratching. The product has a mixing and editing function. It may be used in a club environment.
The reproduction of sound is considered to be the principal function of the product. The mixing and editing function is considered to be secondary as it just enhances the sound reproduction.
The product is therefore to be classified under CN code 8519 81 35 as a sound reproducing apparatus by virtue of General Rules 1 and 6 and Note 3 to Section XVI.

The UK has classified a more sophisticated product in heading 8519, which is capable of reproducing sound from external devices; there are BTIs issued by member states which classify similar goods in heading 8519 and in heading 8543.

The issue was discussed for the first time at the meeting. Arguments were put forward for both classifications, but early indications did not show a consensus for either position. There will be further discussion at a future meeting.

Handset for Aircraft Seats:

The classification of a handset intended to be built into the passenger seats of aircraft. It acts as a switch and control for various external devices. The UK has classified the product as a telecommunication device in heading 8517. Another member state is of the view that telecommunication is one of a number of functions, and that the product is primarily a control device of heading 8537.

The issue was discussed for the first time at the meeting. Arguments were put forward for both classifications; early indications showed a tendency towards classification in heading 8537. There will be further discussion at a future meeting.

Traffic Message Channel (TMC) Receivers:

A TMC Receiver enables drivers to receive traffic information via their GPS devices. It uses a traffic message channel, and receives information in the form of telemetric data through a FM radio signal broadcast by regional and national providers. The signal is not a sound broadcast signal. The GPS is not imported with the product.

A UK Tribunal decision (TomTom International BV; TC/2010/04896) classified the goods in heading 8517. Another member state has a BTI, classifying a TMC receiver as radio broadcast apparatus in heading 8527.

The primary issue is whether heading 8527 only covers goods that receive a sound broadcast signal.

The issue was discussed for the first time at the meeting. Arguments were put forward for both classifications, but early indications did not show a consensus for either position. There will be further discussion at a future meeting.

The next meeting will take place from 17-19 April 2013.

Contact: David Harris 01702 367372
Email:
david.harris2@hmrc.gsi.gov.uk

3: Reports on Projects/Customs Matters

3.1 Joint Working Group on the Further Alignment between the AEO and Regulated Agent/Known Consignor Schemes

The European Commission has set up a working group, under the Customs 2013 umbrella, involving representatives from Customs and Aviation authorities and relevant European trade associations. The working group is carrying out a comparison of the different schemes with the aim of making recommendations for further alignment where appropriate. The group is also examining the opportunities for closer cooperation between the Customs and Aviation authorities to identify and remove any duplications and unnecessary administrative burdens.

The group is aiming to complete its work by the end of April 2013. It is expected to make a number of recommendations to amend the Aviation Security legislation and EU AEO Guidelines to provide the basis for further alignment and closer cooperation.

Contact: Colin Davis

3.2 Review of Low Value Bulking Imports (LVBI)

It has been a while since we issued a progress update on the work of the LVBI review. Things will be changing soon, so this is a useful opportunity to update you on how things are likely to happen in the coming months.

We will shortly be issuing a CIP outlining the changes to the LBVI scheme as a result of the review and to outline the process that will be followed for the re-approval of LVBI traders under the new scheme. It is likely that the process will work something like this.

  • The National Rejected Imports Team (NRIT) (the authorising office for LVBI) at Reading will issue revised terms and conditions for the new LVBI scheme to approved traders for them to indicate whether or not they wish to be re-approved.
  • Existing approved traders will be expected to return a signed copy of the terms and conditions or indicate that they do not wish to seek re-approval.
  • The NRIT will send out an approval application form to those traders seeking re-approval. There will be a simplified version for AEO approved traders to use.
  • The trader will then return the completed application form to the NRIT.
  • The NRIT will then commission the appropriate LC/LBS officer to visit the applicant. LC/LBS will decide whether the applicant should be re-approved and will advise the NRIT accordingly.

New applicants or those who have applied in the recent past will be dealt with as part of this re-approval exercise. I know some recent applicants are frustrated at what must seem a lack of progress, but I hope the content of this article re-assures you that this is not so. We will process your applications as soon as we can, but you will appreciate that it would be wasteful to approve you now under the existing scheme and then cancel your approval and seek to re-approve you again all in the space of a few weeks.

Inevitably, all this will take some time. We cannot visit everyone at once and there will be pressures in certain areas where a large number of approved traders are located together. In order to start the new scheme on a level basis and provide certainty of treatment, we will announce the start date as soon as all the signed terms and conditions are returned to us, even if you haven't been visited and re-approved by then (which you will almost certainly not be!). If we waited until everyone had been formally approved, it would take much longer before we were able to introduce the scheme.

This means in practice that, provided you were approved under the existing scheme, you will continue to be de facto approved to operate LVBI from this date, but must operate it in accordance with the new scheme terms and conditions. This will continue until you have been visited by HMRC and your re-approval application formalised. You should not assume, however, that any such application will be successful. This interim arrangement applies only to existing operators within the scheme. New applicants must wait for approval before beginning to operate the scheme.

Further updates will be provided in due course.

Tony Borton ECOPP A
01702 361769

4. Changes in Customs

4.1 Alterations to Customs Notices

The following notices were amended between October and December 2012. These are available on the HMRC website under Public Notices (customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageLibrary_PublicNoticesAndInfoSheets&columns=1&id=LIB_INFOS_IE_PN)

Notice 6
Merchandise in baggage
Updates the statistical threshold below which formal entries are not usually required.
Notice 60
Intrastat General Guide
Croatia expected to join the EU from 1 July 2013.

Paragraph 20.1 has been amended to reflect that the threshold for using the low value consignment simplification procedure will be £160 from 1 January 2013.
Notice 143
A guide for international post users
reflect the reduction in the level of the relief available for items sent as gifts, from £40 to £36 with effect from 1 January 2013.
Notice 144
Trade imports by post: how to complete customs documents
Amended data information required on the C88 when goods are imported by post.
Notice 252
Valuation of imported goods for customs purposes, VAT and trade statistics
Amendments to this Notice include advice on - changes to the treatment of buying commission for import VAT purposes, how to revalue goods that have devalued whilst in a customs warehouse and the treatment of surcharges relating to Air Transport Costs
Notice 275
Export Procedures
Low value threshold will be reduced from £900 to £800 on 1 January 2013. Paragraphs affected are 10.1 and 10.4. A CHIEF change has accommodated the full ARC number for excise goods, paragraphs 11.2 and 11.3 have been updated
Notice 760
Customs Freight Simplified Procedures (CFSP)
Notice re-written
Notice 780
Common Agricultural Policy import procedures and special directions for goods
Notice 800
Common Agricultural Policy export procedures
Amending all instances of term 'UKBA or UK Border Agency' to 'Border Force'

4.2 List of recent Anti-Dumping Measures

Anti-Dumping Duty (ADD) is an import duty charged in addition to normal customs duty and is applied across the whole European Community. It is designed to allow the EC to take action against goods that are sold at less than their normal value.

These measures are posted in full on the HMRC website Anti Dumping Duty Measures (customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageVAT_ShowContent&id=HMCE_PROD1_026952&propertyType=document). Below is a summary of ADD issued between January and March 2013.

ADD number Title
1882 Amending Anti-Dumping Duty on imports of fatty alcohols and their blends, originating, in Indonesia.
1883 Amending Anti-Dumping Duty rate on imports of certain seamless pipes and tubes of iron or steel, originating in Russia.
1884 Termination of the anti-subsidy proceeding concerning imports of bioethanol, originating in the United States of America
1885 Extending Anti-Dumping Duty to imports of certain open mesh fabrics of glass fibre fabrics, consigned from Taiwan and Thailand, whether or not declared as originating in Taiwan or Thailand.
1886 Expiry of anti-dumping measures on imports of dihydromyrcenol, originating in India
1887 Registration imports of biodiesel, originating in Argentina and Indonesia
1888 Imposing a definitive Anti-Dumping Duty on imports of certain tube and pipe fittings of iron or steel, originating in Russia and Turkey.
1889 Corrigendum to Commission Regulation (EU) No 1072/2012 of 14 November 2012, imposing a provisional Anti-Dumping Duty on imports of ceramic tableware and kitchenware, originating in the People's Republic of China.
1890 Terminating, without measure, the anti-dumping proceeding concerning certain welded tubes, pipes and hollow profiles, originating in the former Yugoslav Republic of Macedonia, Turkey and Ukraine.
1891 Terminating, without measure, the anti dumping proceeding concerning white phosphorous, also called elemental or yellow phosphorus, originating in Kazakhstan
1892 The Commission have announced the initiation of an anti-dumping investigation concerning imports of certain seamless pipes and tubes of iron or steel of an external diameter exceeding 406.4 mm, originating in the People's Republic of China
1893 Re-imposing Anti-Dumping Duty on imports of certain citrus fruits (mandarins), originating in the People's Republic of China.
1894 Imposing a definitive Anti-Dumping Duty (ADD) on imports of bioethanol originating in the United States of America.
1895 Expiry of Anti-Dumping measures on Ferro-silicon, originating in Egypt and Kazakhstan.
1896 The Commission has announced the initiation of an Anti-Dumping investigation in relation to imports of solar glass, originating in the People's Republic of China
1897 Partial re-opening of the Anti-Dumping investigation on imports of fatty alcohols and their blends, originating, in India, Indonesia and Malaysia.
1898 Registration of imports of crystalline silicon photovoltaic modules and key components, originating in, or consigned from, the People's Republic of China.
1899 Suspension of Anti-Dumping Duty on imports of bicycle parts, originating in the People's Republic of China, by Planet X Ltd, Rotherham.
1900 Extending definitive Anti-Dumping Duty to imports of stainless steel fasteners and parts thereof consigned from the Philippines, whether or not declared as originating in the Philippines and terminating the circumvention investigations concerning the product consigned from or originating in Malaysia and Thailand.
1901 Imposing a definitive anti-dumping duty on imports of certain aluminium foil in rolls, originating in the People's Republic of China.
1902 Imposing a definitive Anti-Dumping Duty on imports of organic coated steel products, originating in the People's Republic of China.
1903 Imposing a definitive Countervailing Duty on imports of certain organic coated steel products, originating in the People's Republic of China
1904 Expiry of Anti-Dumping Duty on imports of coke of coal, originating in the People's Republic of China.
1905 Registration of imports of crystalline silicon photovoltaic modules and key components, originating in, or consigned from, the People's Republic of China
1906 Extending definitive Anti-Dumping Duty to imports of gas fuelled, non-refillable pocket flint lighters, consigned from Vietnam, whether or not declared as originating in Vietnam
1907 Terminating the anti-dumping investigations, and repealing the anti-dumping in so far as it concerns Dow Chemical Company, in respect of imports of ethanolamines, originating in the United States of America
1908 Anti-dumping Duty on polyethylene terephthalate (PET), originating in Taiwan and produced by Lealea Enterprise Co Ltd is exempted

4.3 List of CIPS issued January - March 2013

No Title
(13) 01 Wine: New procedures for declaring VI documents - Supplementary information
(13) 02 Tariff Preference: extended derogation – certain fishery products imported from the Falkland Islands
(13) 03 Time Limits for Community/common transit movements
(13) 04 Mode of Transport: completion guidance
(13) 05 EU-US AEO Mutual Recognition & HMRC IT Systems
(13) 06 Export – Best Practice for Arrival and Departure Messages
(13) 07 EU Council Regulation on further restrictive measures against Iran - 1245/2012
(13) 08 EU Council Regulation on further restrictive measures against Iran
(13) 09 EU Council Regulation on further restrictive measures against Iran 1264/2012
(13) 10 C1603 Retrospective Export Arrival Requests
(13) 11 Customs and Excise Law Modernisation Project: An update
(13) 12 Tariff Classification of Set-top Boxes
(13) 13 Changes to HMRC offices dealing with Customs Clearances of vehicle imports
(13) 14 Inward Processing Update – Discharge of civil aircraft and parts under Customs Code Implementing Regulations 2454/93 Article 544(c)
(13) 15 Review of Outward Processing Relief (OPR) Customs Procedure Codes
(13) 16 Update 1 - Review of ERTS & Temporary Storage Policy
(13) 17 Tariff Preference: Implementation of a Free Trade Agreement between the EU and Peru
(13) 18 Tariff Classification of Flat Panel Display Monitors Updating CIP (12) 49
(13) 19 EU-US AEO Mutual Recognition & HMRC IT Systems - change to previous CIP

4.4 Customs Information Papers - removal from the HMRC website

Customs Information Papers issued before 2011 have been removed from the main page of the JCCC website.

These papers can still be found by using the link to the National Archive website. (A link to the national archive is provided on the JCCC web pages www.hmrc.gov.uk/jccc/cips.htm) This has been completed as part of the work to move content to the www.gov.uk/ website.

5. What is it?

europa.eu/index_en.htm is the official website of the European Union. It gives basic information on how the EU works and is a good starting point if you are looking for information and services provided by the EU. It has web pages devoted to information on Customs matters (europa.eu/pol/cust/index_en.htm) and also gives a useful link to Customs legislation (europa.eu/legislation_summaries/customs/index_en.htm)

6. Hints on

Moving goods to a customs warehouse from the frontier

Paragraph 3.23 of Notice 232 outlines the requirement for goods entered to customs warehousing at the frontier to move from the port of entry to the EU to the customs warehouse within 5 days. This requirement has been challenged on a number of occasions. ECSM have now received confirmation from the EU Commission that 5 days is an absolute maximum period that should be permitted to move the goods. If a business cannot comply with the 5 day rule the goods should be entered to temporary storage and only entered to customs warehousing when the goods can be moved to the warehouse within 5 days.

Public Notice 232 customs.hmrc.gov.uk/channelsPortalWebApp/downloadFile?contentID=HMCE_CL_000253

7. Did you know?

That impersonating an HMRC officer is a serious criminal offence

Under the Commissioners of Revenue and Customs Act 2005 impersonation of an officer to obtain admission to premises, information or any other benefit is an offence that can lead to imprisonment and or a fine.

Details on how a criminal gang tried to impersonate customs officers to steal from a warehouse in the West Midlands in on the gov.uk news website (www.gov.uk/government/news/fake-customs-officers-jailed)


JCCC Paper, 26/04/2013
Crown Copyright material is reproduced by permission of the Controller of Her Majesty's Stationery Office.