Applications for EU Duty Suspensions Due Mid-July

Are you importing products into the EU and paying duties? It may be possible to have the duties suspended on a particular product if the EU Commission approves your application for duty suspension. The EU Commission will allow the suspension of customs duties to companies that apply for the relief on the basis of a valid economic argument as to why the import of duty-suspended goods will benefit and stimulate economic activity in the EU Community.

The EU Commission accepts duty suspension applications twice annually. The application process itself takes 12 months to complete. The current deadline for duty suspension applications is July 25, 2008 for applications that would take effect on July 1, 2009.

All current duty suspensions are listed by the EU Commission by EU Regulation. Normally, if a company succeeds in getting a duty suspension on a product, it remains on the list unless an objection is lodged at some point in the future.

Duty suspensions will
not be granted where:

  • Identical, equivalent or substitute products are manufactured in sufficient quantities within the Community
  • The goods in question are finished products intended for sale to end-consumers without further substantial processing or without forming an integral part of a bigger final product for whose functioning they are necessary
  • The goods are covered by an exclusive trading agreement
  • A suspension would entail a conflict with any other Community policy
  • Uncollected customs duties of the goods in question is estimated to be less than ECU 20,000 per year
Many multinational companies have been seeking duty suspensions of late. It appears this is due to: the fact that PCC and IP customs economic procedures (similar to special trade programs in the U.S.) are proving time consuming to administer, create risk if not done correctly, and put a company of Customs' radar re: audits, etc. Duty suspensions, if granted, operate by assigning a unique ten-digit code at import and no additional compliance is required thereafter.

If you are interested in learning more about obtaining a duty suspension in the EU, please contact Global Trade Expertise or Eamonn Flood (eamonn@crannaghtrade.eu) or Carol Lynch (carol.lynch@crannaghtrade.eu) of Crannagh & Co. (www.crannaghtrade.eu).

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