Customs

The Core Principles of Customs Duty – "Advance Rulings"

At the 55th session of the WCO HSC meeting it was agreed to draft technical guidelines on advance rulings for tariff classification, valuation and origin.
As a matter of interest, the Customs Duty Act, 2014, (the Act) which has yet to take effect, provides provision for self-determination, determination and re-determination for the three cornerstones in Chapter 6 "Tariff Classification of Goods", 7 "Valuation of Goods", and 8 "Origin".
The "Interpretation" of the Act provides for "advance ruling" which means (a) an advance tariff ruling; (b) an advance valuation ruling; and (c) an advance origin ruling.
"advance tariff ruling" means a ruling issued by the customs authority on the tariff classification of goods of a specific class or kind in order to settle in advance the tariff classification of goods of that class or kind when cleared by or on behalf of the recipient of the ruling for home use or a customs procedure during the validity period of the ruling.
‘‘advance valuation ruling’’ means a ruling issued by the customs authority on a valuation criterion applicable to the valuation of goods of a specific class or kind in order to settle in advance the application of that valuation criterion in the valuation of goods of that class or kind when cleared by or on behalf of the recipient of the ruling for home use or a customs procedure during the validity period of the ruling.
‘‘advance origin ruling’’ means a ruling issued by the customs authority on the origin of goods of a specific class or kind in order to settle in advance the origin of goods of that class or kind when cleared by or on behalf of the recipient of the ruling for home use or a custom procedure during the validity period of the ruling.
For completeness, a ‘‘recipient’’, in relation to an advance ruling, means a person to whom an advance ruling has been issued.
Though not yet published for comment, one would expect Rules to the Act to be formulated for "advance rulings".



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