Statutory Instrument 1994 No. 1739
The Customs Duties (ECSC) (Quota and other Reliefs) (No. 2) Order 1994
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1994 No. 1739
CUSTOMS AND EXCISE
The Customs Duties (ECSC) (Quota and other Reliefs) (No. 2) Order 1994
| Laid before the House of Commons | 4th July 1994 |
| Coming into force | 2nd July 1994 |
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], hereby makes the following Order:
1.—(1) This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) (No. 2) Order 1994 and shall come into force on 2nd July 1994.
(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; and
"the EEC Regulation" means articles 66 to 97 of Commission Regulation (EEC) No. 2454/93[4].
2.—(1) Up to and including 31st December 1994, 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.
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, nor in respect of goods described in article 3 below.
(2) Up to and including 31st December 1994, 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 July 1994 accompanied by such documents as may be required under the provisions of the EEC Regulation.
3.—(1) Up to and including 31st December 1994, 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 and article 4 below, 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 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.
4. Any of the quotas set out in the Customs Duties (ECSC) (Quota and other Reliefs) Order 1993[7] which is unused on 1st July 1994, shall be added to the equivalent relevant quota set out in column 3 of Part III of Schedule 1 hereto.
5. For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.
6. The Customs Duties (ECSC) (Quota and other Reliefs) Order 1994[8] is hereby revoked.
Tim Sainsbury
Minister for Industry Department of Trade and Industry
1st July 1994
Notes:[1] 1979 c. 3.
[2] Council Regulation (EEC) No. 2658/87 (OJ No. L256 7.9.87 p.1), as amended by Commission Regulation (EEC) No. 2551/93 (OJ No. L241 27.9.93 p.1).
[3] S.I. 1987/2184, as amended by S.I. 1988/1065, 1314, 2055, 1989/1088, 1610, 1991/2583, 1992/792 and 2623.
[4] OJ No. L253 11.10.93 p.1.
[5] S.I. 1991/2724.
[6] OJ No. L246 10.9.90 p.1, as amended by Commission Regulation (EEC) No. 3001/92 (OJ No. L301 17.10.92 p.16) and Commission Regulation (EEC) No. 965/93 (OJ No. L98 24.4.93 p.24) and Commission Regulation (EEC) No. 1402/93 (OJ No. L138 9.6.93 p.5).
[7] S.I. 1993/3254.
[8] S.I. 1994/1692.
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