There are special procedures for importing goods into the UK. Following the end of the Brexit transition period on 31 December 2020, the process for importing goods from the EU effectively mirrors the process for all other international destinations.

A number of easements had been put in place to help ensure a smooth transition for goods coming from the EU. This included a delay in the requirement for full customs declarations and controls until the end of this year.

From 1 January 2022, businesses will no longer be able to delay making import customs declarations under the Staged Customs Controls rules that have applied during 2021. This will mean that most businesses will have to make declarations and pay relevant tariffs at the point of import.

However, the introduction of some declarations has been deferred until 1 July 2022. These include:

• requirements for full safety and security declarations for all imports
• new requirements for Export Health Certificates
• requirements for Phytosanitary Certificates
• physical checks on sanitary and phytosanitary goods at Border Control Posts

Tariff quotas are a special mechanism for importing limited supplies of specific goods at a lower rate of customs duty than would normally apply. The quotas usually apply to imports from specific countries. Most tariff quotas operate on a first come first serve basis and when the quota runs out, the duty rate returns to normal.

There is no requirement to claim a tariff quota if there is a lower option or if the same rate of duty available under:

• other preference arrangements
• an import duty suspension

There are online tools available to check which goods are covered and a claim should ideally be made when the goods are entering free circulation. In certain circumstances it is possible to make a backdated claim up to 3 years after the goods have been imported but only if the tariff quota remains available. 

HMRC’s new guidance on claiming quotas states that they can be:

• open – the quota is not expected to exhaust for some time and a lower rate of duty can be given automatically to any valid claim.
• critical – the quota may be nearing exhaustion or there is no information to base a prediction of how quickly it will be used up.
• quota exhausted – all claims will be rejected.

In the Spring Budget earlier this year, the chancellor announced that eight Freeport locations would be created in England. The Freeports will be in the East Midlands Airport, Felixstowe and Harwich, the Humber region, Liverpool City Region, Plymouth, the Solent, the Thames, and Teesside. 

Freeports are a special kind of port where normal tax and customs rules do not apply rather there are simplified customs procedures and duty suspensions on goods. This will allow firms to import components and other pre-manufactured goods into a Freeport without paying taxes. The goods would then be processed into a finished product to be built in the UK.

In these new Freeport areas, no duties will be charged on goods or materials until they leave the zone as a finished product for the UK domestic market. There should be no UK tariffs payable when the finished product is re-exported directly from the Freeport.

HMRC has published new guidance to help businesses get ready to use a Freeport site. You cannot currently use the Freeport customs special procedure to import or export excise goods. HMRC’s guidance will be updated with details when this becomes possible. 

If you are moving goods to or from the UK then you need to ensure that you have all the correct procedures in place. This is a complex area, and you may need to consider the support of a customs agent to help with your import and / or export declarations. 

Customs declarations can be difficult and time consuming to complete.

Most businesses use a specialist such as a customs agent, broker, freight forwarder or fast parcel operator to submit import and export customs declarations on their behalf. HMRC publishes a regularly updated list of customs agents and fast parcel operators who may be able to help. The list if known as the register of customs agents and fast parcel operators. It should be noted that businesses on these lists are not vetted, approved or recommended by HMRC and proper due diligence should be used in selecting an adviser from the list. 

HMRC’s guidance is clear that if your goods do not have the right paperwork or if information is incorrect or missing, your goods may be seized and you may face delays and have to pay extra charges. 

If you are moving goods between Great Britain and Northern Ireland, the free Trader Support Service can help guide you through the necessary processes. This service can also help businesses who import goods into Northern Ireland from the rest of the world. The use of this service is optional. 

The Customs Declaration Service (CDS) has been designed to modernise the process for completing customs declarations for businesses that import or export goods from the UK. A phased launch of the service started in August 2018 and more than one million declarations have been made since then. The CDS system is currently used for Northern Ireland and Rest of World declarations.

HMRC has now confirmed that all businesses will need to declare goods through the CDS from 31 March 2023. This will result in the closure of the Customs Handling of Import and Export Freight (CHIEF) service. The CHIEF system is over 25 years old and has struggled to cope with complex reporting requirements that could not easily or cost-effectively be accommodated within the existing service. 

HMRC has confirmed that ahead of the 31 March 2023 complete closure, services on CHIEF will be withdrawn in two stages:

• 30 September 2022: import declarations close on CHIEF
• 31 March 2023: export declarations close on CHIEF / National Exports System (NES)

The decision to introduce the CDS was system driven to provide a more secure and stable platform and predated Britain’s vote to leave the EU. Importers and exporters should by now be well aware of the CDS system, and they or their agent should be starting to prepare for the further rollout and eventual replacement of the CHIEF system.

The joint Directors General for Borders and Trade at HMRC, said:

‘CDS is a key part of the government’s plans for a world-leading fully digitised border that will help UK businesses to trade and to prosper. This announcement will provide clarity for traders and the border industry. We are committed to making the switch-over as smooth as possible and are working to ensure traders are fully supported with the new processes.'