Regulations, 2000

L.N. 66 of 2000

IMPORT DUTIES ACT

(CAP. 337)

Binding Pre-Entry Classification Information

Regulations, 2000

IN exercise of the powers conferred by section 35 of the Import

Duties Act, the Minister of Finance has made the following

regulations: -

The title of these regulations is the Binding Pre-Entry

Citation.

Classification Information Regulations, 2000.

(Regulation 2)

1. The Comptroller of Customs shall issue Binding Pre-entry Classification

Information on written request submitted by the applicant on the appropriate form. A

separate application form shall be used for each product for which a Binding Pre-entry

Classification Information is requested.

2. The information shall be communicated in writing to the applicant as soon as

possible but not later than three months from the date of the application.

3. Binding Pre-entry Classification Information shall be binding on the Customs

authorities with regard to the holder of the information, only in respect of the tariff

classification of goods.

The Comptroller of Customs shall issue Binding Pre-Entry

Issue of Binding

Pre-Entry

Classification Information in accordance with the procedures and

Oassification

conditions laid down in Schedule I to these regulations on the appropriate

Information.

form appearing in Schedule II to these regulations.

(Regulation 3)

FORM BPCI 01

DEPARTMENT OF CUSTOMS

BINDING PRE-ENTRY CLASSIFICATION INFORMATION (BPCI)

2. Date of start of validity

1. BPCI Reference

4. Classification of goods in the Customs Nomenclature

3. Holder (name and address)

Important Notice

The BPCI remains valid for a period six years as from the

date of start of validity.

The information supplied will be stored in a data-base of

the Department of Customs.

The holder shall have the right to appeal against this BPCI.

5. Decription of the goods

6. Commerical denomination and additional information (confidential)

7. Justification of the classification of the goods

8. This BPCI has been issued on the basis of the following material provided by the applicant

Description ::I

Brochures ::J

Photos ::J

Samples ::J

Other ::J

Date

Stamp

Signature

FORM BPCI 02

APPLICATION TO THE DEPARTMENT OF CUSTOMS FOR

BINDING PRE-ENTRY CLASSIFICATION INFORMATION (BPCI)

(please read notes overleaf before completing)

2. Designated Holder of the BPCI

1. Applicant: (Name and address in full)

(Name and Address in full)

(Only if different from Box 1)

4. Composition of Goods

3. Description of Goods

(See note overleaf)

(See also Box 4)

Enclosures being submitted to assist with tariff classification of the goods: (tick ''.1'')*

5. Samples 0

Photographs 0

Diagrams 0

Brochures 0

Other 0

*Indicate any particulars in respect of which confidentiality is being sought

6. Classification envisagd by applicant: Nomenclature Code No.: - - - - - - - - - - - - - - - - - 1

7. Have you previously imported/exported identical or similar goods?

Yes :J

No :J

(tick ",/")

If yes, please give details

_

I declare that the information provided in this application is true and complete to the best of my knowledge.

I agree to supply a translation of any document if so requested, and I accept that the information supplied, save for

those particulars indicated as being confidential, may be stored on a data-base of the Department of Customs and used

for the purposes of the Binding Pre-Entry Classification Information Regulations, 2000 ..

Signature

Date

_

Name

(BLOCK CAPLITALS)

Fax

_

Telephone

_

NOTES ON COMPLETION OF APPLICATION FORM

All boxes must be completed in black ink and in block capitals. Applications for

Binding Pre-entry Classification Information should be made only in respect of proposed

commercial transactions and should contain all the particulars necessary to arrive at a

classification decision. An application must be in respect of only one type of goods

e.g. goods, products or items relating to a single Customs nomenclature code.

The completed application form together with any accompanying samples, etc.,

should be sent to the Tariff Classification Committee, Department of Customs, Lascaris

Wharf, Valletta CMR 02.

The applicant may be the actual importer or exporter or agent. If the

applicant is an agent, Box 2 must be completed also in respect of the

designated holder.

This description should be sufficiently detailed to enable the goods to be

identified and classified in the Customs nomenclature. Use continuation

sheet if it is necessary to give further details.

The Customs nomenclature sometimes shows subdivisions e.g. in the case

of agricultural products according to the percentage composition of the

goods. In such cases the percentage breakdown should be shown here.

This may also apply for goods which need to undergo laboratory analysis.

Use continuation sheet if it is necessary to give further details of

composition.

Any photographs, samples, literature, etc., which will assist in classifying

the product should be enclosed with the application.

Nomenclature code means the ten-digit code of the Maltese Customs Tariff

and any other nomenclature - e.g. the Combined Nomenclature of the

European Union. The applicant is invited to express his view as to the

nomenclature classification appropriate to the goods in question.

An indication as the whether the applicant or the proposed holder has

previously imported or exported identical or similar goods should be given

here. Details with regard to that commercial transaction should also be

included.

CONFIDENTIALITY

In relation to boxed 3,4 and 5 in particular, any information

supplied which is to be treated as confidential should be

clearly indicated.

Applications for Binding Pre-Entry Classification Information

Application form.

shall be submitted on the appropriate form appearing in Schedule II to

these regulations.

Binding Pre-entry Classification Information shall be binding on the Customs

authorities only for goods on which Customs formalities are completed after the date

on which the information was supplied by them. The information thus supplied will

not impose any obligations on the Customs authorities with respect to customs

formalities completed before the said date.

The holder of a Binding Pre-entry Classification Information must prove that

the goods imported correspond to those described in the Binding Pre-entry Classification

Information in every respect.

Binding Pre-entry Classification Information shall be valid for a period of six

years from the date of issue. It shall be annulled where it is based on inaccurate or

incomplete information from the applicant.

Binding Pre-entry Classification Information shall cease to be valid

(a) where it is no longer compatible with the interpretation of the

Harmonised Commodity Description and Coding System (HS) or by reason of a

classification opinion or an amendment to the Explanatory Notes to the HS adopted

by the World Customs Organisation; in that case the date on which Binding Pre-

entry Classification Iiiformation ceases to be valid shall be the date of publication

of the said measures;

(b) where the holder is notified of its withdrawal, revocation and amendment

because of further details that have been obtained and which affect such Binding

Pre-entry Classification Information.

The holder of Binding Pre-entry Classification Information which ceases to

be valid pursuant to paragraph 7 may still use that information for a period of six

months from the date of the publication or notification provided that he concluded a

binding contract for the purchase of the goods in question, on the basis of the Binding

Pre-entry Classification Information issued before that tariff classification measure

was adopted. The Customs authorities may extend the period of six months whenever

it is felt that it is necessary and just to enable the holder to complete binding contracts

entered into on the basis of the Binding Pre-entry Classification Information.

The classification in a Binding Pre-entry Classification Information may be

applied, on the conditions laid down in paragraph 8, only for the purpose of completing

import or export documents.

Binding Pre-entry Classification Information is provided free of charge.

However, where costs are incurred by the Department of Customs in analysis or

obtaining expert advice, these costs shall be charged to the applicant.