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Duty Suspensions and Tariff Quotas -Frequently asked Questions

Contents


What are the conditions?

The imported product, or similar or competing products, cannot be sourced (or sourced in sufficient quantity) from within the EU

The imported product is to undergo further processing

The level of duty saving must be at least 20,000 euros per annum

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Who can make an application?

Any company that is established in the EU

Users of the product in question

Distributors applying on behalf of customers

Subsidiaries of third country manufacturers applying on behalf of customers

Lawyers, accountants or consultants representing one of the above

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When can I make an application?

The deadline for applications is 15 March and 15 September each year. Applications submitted by 15 March will, if successful, become operative the following 1 January, and applications submitted by 15 September will become operative the following 1 July.

Applications must be made in electronic format and e-mailed to phil.walker@berr.gsi.gov.uk

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Can I apply for a Quota instead of a Suspension?

Yes, a quota may be granted when there is insufficient EU production to meet the demand of EU users.

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If the Suspension or Quota is opened, is it only for my benefit?

No, once granted a suspension or quota is available for any EU company to use - it is not company specific.

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Some of my information is confidential, can I still apply?

Confidential information can be sent in separately to the main application form and will be disclosed to only the European Commission. However applications may be refused if there is insufficient non-confidential information for member states to assess requests.

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After an application is submitted, what happens next?

The UK consults domestic industry on all new applications to give producers the opportunity to support or oppose applications. All applications are discussed within meetings of the Suspensions and Quotas Working Group in Brussels attended by representatives from each EU country. At the end of these meetings the European Commission will prepare proposals for Duty Suspensions and Tariff Quotas only when there is unanimous agreement. Such proposals will form the basis of Regulations, which later appear in the Official Journal of the European Commission. Neither BERR nor the United Kingdom administration has the power to take these measures independently.

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What is an “Opposition” and what does it mean?

EU producers of identical, equivalent or substitute products may register an opposition. If someone opposes your application you must contact the opposing producer to see whether they can meet your requirements or whether an opposition can be withdrawn.

If you want to oppose an application from another member state please complete the

and e-mail it to phil.walker@berr.gsi.gov.uk We will transmit the details of your opposition to the European Commission and the applicant company should then contact you directly to see whether you can meet their requirements.

If an opposition is maintained the suspension/quota will not be granted.

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How will I know when my application is granted?

We inform all applications of the outcome once the Commission proposal has been agreed.

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What happens once a Suspension or Quota is in place?

Duty Suspensions are in force for five years or until production starts up in the EU. At the end of that five year period the Commission will undertake a prolongation review where users need to make the case for renewal for a further five years. Normally once a annual Quota is established it will be open for the same amount at the beginning of each year. However if market conditions change, quotas can be reviewed. Traders who tell us they have an interest in individual Suspensions or Quotas will be informed about proposed changes.

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