The majority of our suppliers are based in UE and can provide the UE Preferential Origin Statement on the items they manufacture for us.
So we import goods from UE, and we export them back to UE (B2C) almost immediately after we receive them.
These imported goods DO NOT undergone to any operation other than what is necessary to preserve them in good condition while they stay in our warehouse ready to be exported again to any of UE countries.
Consequently, as established in ART 51 and 52 of the TCA between UK and UE, they comply with the Preferential Origin rule that is the crucial point of the Trade Cooperation Agreement.
If a product originating in a Party exported from that Party to a third country returns to that Party, it shall be considered as a non-originating product unless it can be demonstrated to the satisfaction of the customs authority of that Party that the returning product:
(a) is the same as that exported; and
(b) has not undergone any operation other than what was necessary to preserve it in good condition while in that third country or while being exported.
ARTICLE 52 Non-alteration
1. An originating product declared for home use in the importing Party shall not, after exportation and prior to being declared for home use, have been altered, transformed in any way or subjected to operations other than to preserve it in good condition or than adding or affixing marks, labels, seals or any other documentation to ensure compliance with specific domestic requirements of the importing Party.
2. The storage or exhibition of a product may take place in a third country, provided that the product remains under customs supervision in that third country.
3. The splitting of consignments may take place in a third country if it is carried out by the exporter or under the responsibility of the exporter, provided that the consignments remain under customs supervision in that third country.
4. In the case of doubt as to whether the requirements provided for in paragraphs 1 to 3 are complied with, the customs authority of the importing Party may request the importer to provide evidence of compliance with those requirements, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on the marking or numbering of packages or any evidence related to the product itself.
How to avoid that UE Custom apply Duty?
Could we add a statement to support it as the one below?
XXXXX, the exporter of the products covered by this document, declares that these product have been imported from UE and they have not undergone to any operation other than what was necessary to preserve them in good condition while being exported as per ART. 51 and 52 of of the TCA between UE and UK.
Also, XXXXX, the exporter of the products covered by this document declares that, except where otherwise clearly indicated, these products are of UE PREFERENTIAL ORIGIN.
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