The Customs Duties (ECSC) (Quota and Other Reliefs) Order 1989

Made: 20th December 1989

Laid before the House of Coming into force: 1st January 1990

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[^f00001] and all other powers enabling him in that behalf, hereby makes the following Order:—

1

• (1) This Order may be cited as the Customs Duties (ECSC) (Quota and Other Reliefs) Order 1989 and shall come into force on 1st January 1990.

• (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[^f00002]; references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987[^f00003] in relation to the goods;

• “the EEC Regulations” means Commission Regulation (EEC) No.3749/83[^f00004], Council Regulation (EEC) No.2955/85[^f00005] and Commission Regulation (EEC) No.2466/86[^f00006] on the concept of originating products.

2

• (1) Up to and including 31st December 1990, no customs duty shall be charged on goods—

• (a) which fall within a heading or subheading in Part I of Schedule I hereto (certain iron and steel products) and

• (b) which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.

This paragraph shall not apply in respect of any goods falling within any of the headings 7207, 7208, 7209, 7210, 7211, 7212, 7213, 7214, 7215 or 7228 originating in China nor in respect of any goods originating in Yugoslavia.

• (2) Up to and including 31st December 1990, 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.

• (3) Up to and including 31st December 1990, no customs duty shall be charged on goods which fall within the headings 7209 or 7219 and originate in Romania.

• (4) Paragraphs (1), (2) and (3) above shall only apply to goods in respect of which an importer delivers an entry thereof for home use (within the meaning of section 37 of the Customs and Excise Management Act 1979[^f00007] and regulation 13 of the Customs Warehousing Regulations 1979[^f00008]) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1990 accompanied by such documents as may be required under the provisions of the EEC Regulations.This paragraph shall not apply in respect of any goods falling within the headings 7207, 7211 or 7212 originating in Yugoslavia.

3

• (1) Up to and including 31st December 1990, no customs duty shall be charged on goods falling within a heading or subheading specified 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 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 relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.

• (3) Article 4 of the Customs Duties Quota Relief (Administration) Order 1986[^f00009] shall apply for the purposes of this article subject to the modification that the application for relief from customs duty shall be accompanied by such documents as may be required under the provisions of the EEC Regulations.

4

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 or Romania if they are to be regarded as so originating by virtue of the EEC Regulations.

SCHEDULE 1

PART I — COMBINED NOMENCLATURE HEADINGS

PART II — COMBINED NOMENCLATURE HEADINGS

PART III

SCHEDULE 2

PART I — INDEPENDENT COUNTRIES

PART II — COUNTRIES AND TERRITORIES DEPENDENT OR ADMINISTERED OR FOR WHOSE EXTERNAL RELATIONS MEMBER STATES OF THE COMMUNITY OR THIRD COUNTRIES ARE WHOLLY OR PARTLY RESPONSIBLE

• American Oceania[^f00010]

• Anguilla

• Aruba

• Australian Antarctic Territories

• Australian Oceania (Christmas Island, Cocos (Keeling) Islands, Heard Island and McDonald Islands, Norfolk Island)

• Bermuda

• British Antarctic Territory

• British Indian Ocean Territory

• British Virgin Islands and Montserrat

• Cayman Islands

• Falkland Islands

• French Polynesia

• French Southern and Antarctic Territories

• Gibraltar

• Greenland

• Hong Kong

• Macao

• Mayotte

• Netherlands Antilles

• New Caldeonia and Dependencies

• New Zealand Oceania (Cook Islands, Niue Islands, Tokelau Islands)

• Pitcairn

• South Georgia and the south Sancwich Islands

• St Helena

• St Helens Dependencies

• St Pierre and Miquelon

• Turks and Caicos Islands

• Virgin Islands of the United states

• Wallis and Futuna Islands

Signed

Trefgarne — Minister for Trade — 20th December 1989

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 1st January 1990, provides for reliefs from customs duty (in so far as it is charged) on certain iron and steel products originating in the developing countries named in Schedule 2 to the Order in accordance with a Decision of the representatives of the governments of the Member States of the European Coal and Steel Community meeting in Council of 19th December 1989. The reliefs are provided under the Community’s Generalised Tariff Preference Scheme for Developing Countries.

The Order provides for exemption from duty for goods specified in Part I of Schedule 1 originating in the countries named in Schedule 2 other than those countries also named in column 2 of Part III of Schedule 1 in relation to the relevant goods. Such exemption does not however apply to goods falling within Combined Nomenclature headings 7207, 7208, 7209, 7210, 7211, 7212, 7213, 7214, 7215 or 7228 originating in China nor to goods originating in Yugoslavia (article 2(1)). The Order also provides for exemption from duty for goods specified in Part II of Schedule 1 originating in the countries named in Schedule 2 (article 2(2)) and for goods falling within Combined Nomenclature headings 7209 or 7219 originating in Romania (article 2(3)). These exemptions apply with effect from 1st January 1990 up to and including 31st December 1990. The Order also provides for duty-free tariff quotas for the same period for goods listed in Part III of Schedule 1 originating in certain countries named in column 2 of Part III of Schedule 1 (article 3).

Footnotes

[^f00001]: 1979 c. 3.

[^f00002]: See Council Regulation (EEC) No. 2658/87 (O.J. No. L256, 7.9.87).

[^f00003]: S.I. 1987/2184, as amended by S.I. 1988/1065, 1314, 2055, 1989/1088 and 1610.

[^f00004]: O.J. No. L372, 31.12.83, amended by Commission Regulations (EEC) No. 3606/84 (O.J. L333 21.12.84), No. 1968/86 (O.J. L170, 27.6.86) and No. 1250/87 (O.J. No. L118, 6.5.87).

[^f00005]: O.J. No. L285, 25.10.85.

[^f00006]: O.J. No. L211, 1.8.86.

[^f00007]: 1979 c. 2.

[^f00008]: S.I. 1979/207.

[^f00009]: S.I. 1986/2174.

[^f00010]: American Oceania includes: Guam, American Somoa (including Swain’s Island), Midway Islands, Johnston and Sands Islands, Wake Island.