Guidance

Notice to Traders 74/22

Published 26 September 2022

Imports of Garlic from Countries other than China and EU Member States under Statutory Instrument No. 2020/1432

Introduction

This notice explains how the rules are applied to this quota and how to apply for a licence. It also advises you of the remaining quantity available for the period 1 November 2022 – 31 May 2023. Details of the quantity available are outlined in Annex 1 of this notice.

Background

The distinction between New Importers and Traditional Importers under this quota no longer applies.

You must supply the following evidence to prove that you are eligible for a garlic quota import licence. If you do not have the proof of trade as detailed below, you are not eligible and cannot apply.

If this is your first application in the quota year, you will need to provide proof that you have imported at least 25 tonnes of fruit and vegetables during:

• The 12-month period ending two months before the first application can be submitted for the 2022/2023 quota year (1 March 2021 – 28 February 2022); and
• The 12-month period immediately before that (1 March 2020 – 28 February 2021).

For reference, the eligible products are listed in Annex 2.

In addition to the above you must be established and registered for VAT in the UK. You must provide us with a copy of your current VAT registration certificate.

Proof of Trade

If you use electronic licences, we will need to see a schedule giving details of:

• The licence number(s)
• The date(s) of import;
• The weight of each electronic attribution; and
• The import entry number for each electronic attribution.

If you used paper licences, or the commodity is non-licensable, you must supply the original C88 import documents or copies certified as a “true copy” of the original, stamped and signed by H M Revenue & Customs. We will accept scanned versions of these documents on condition that the originals are sent to us at your earliest opportunity.

To request endorsement of a declaration at the time of entry, you should enter the code “CAP11” in box 44 of your declaration. You do not need to enter any additional text with this code.

You can email HMRC National Clearance Hub at nch@hmrc.gov.uk

C88’s which were not endorsed at the time of import must be sent for endorsement to:

H M Revenue & Customs
National Clearance Hub
1st Floor West, Ralli Quays
3 Stanley Street
Salford
M60 9LA

Telephone number: 03000 588 454
Fax number: 03000 588 462

Please advise HMRC that the endorsements are required for GATT purposes.

You should only ask HMRC to endorse the number of copy entries necessary for the relevant regulation. If you send more copies than is necessary, it may delay the return of your endorsed copy entries.

HMRC agents or representatives cannot apply for import licences under these quota arrangements.

We will also need to see a copy of your current VAT certificate.

Proof that you meet these requirements must be submitted each year prior to your first application in that quota year.

Available Quantities

The available quantity under this quota is set out in Annex 1.

Applying for a Licence

Your application must be received between 1 October and 5pm on 7 October 2022.

Before you submit a licence application, you must make sure that you are registered with the RPA. If your company is not registered, a company director or another individual legally responsible for the business must apply for a six digit Trader Registration Number.

You will need to telephone our Rural Payments Helpline on 03000 200 301 and select options 4, 2, 1 and 3 and asked to be registered as a Trader. (These options are correct at the time of publication but are liable to change without notice.)

You can find more details on our website. However, not all of the information is available on the website. If you require assistance with the forms detailed below, please contact the Import Licensing team.

You must submit your licence applications using an AGRIM import licence application form. We advise you to use the latest version of the application form.

You can submit your applications either by post or by email. The email address for licence applications is trader@rpa.gov.uk

It is your responsibility to ensure that your application, all supporting documentation and your security, is correct at the time of submission. They must be received by the RPA by no later than 5pm on 7 October 2022.

Note: We will reject any applications where the application, security and / or proof of trade is received after 5pm on 7 October 2022.

As part of the garlic import tariff quota, licence applications must include the following entries:

• Box 8 of your application must state the country of origin of the product and you must select this as ‘No;
• Box 15 of your application must state the full CN code description as:

“Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled: Garlic”.

• Box 20 of your application must contain the correct import tariff quota order number. You must also include “Statutory Instrument 2020/1432”.

You must not lodge more than one application for the same order number in the same month.

Note: If you lodge more than one application for the same order number, all applications will be rejected.

Security

Security of £60.00 per tonne must be lodged with each licence application. You can find further information on how to lodge your security by searching for Licence securities for the import/export of agricultural products’ on GOV.UK.

Issuing Licences

Your quota licence will be issued towards the end of October 2022 and will be valid from 1 November 2022 until the end of the quota year (31 May 2023).

Please note that the reduced duty will only be valid for the quantities shown in sections 17 and 18 of your licence.

As licences will only be valid for imports into the UK, your licence will be issued electronically. We no longer issue paper import licences.

Authority

You can find details of the arrangements in Statutory Instrument 2020 No. 1432. You can obtain copies from Stationery Office bookshops and accredited agents, or order from the Stationery Office website.

You can also access Statutory Instruments electronically by visiting the UK’s Legislation website. The RPA is not responsible for the accuracy or completeness of the Legislation website. Whilst every care has been taken in producing this guidance, the Statutory Instrument as published is definitive.

Enquiries

If you have any questions about this notice, please contact the Import Licensing section as follows:

Telephone helpline number – 03300 416 500 (Option 1)

Email address – trader@rpa.gov.uk

Our postal address is:

Import Licensing Team
Rural Payments Agency
Lancaster House
Hampshire Court
Newcastle Business Park
Newcastle Upon Tyne
NE4 7YH

Annex 1

Tariff quotas opened for imports of garlic falling within CN code 0703 2000

Origin	Order Number	October
Other third countries (excluding China)	05.4106	1,691,000 kg

For this quota (CN Code 0703 2000):

• You must lodge security of £60 per tonne.
• Box 20 of your application must contain:

‘Order Number 05.4106’

• Box 24 (comments box) of your application must contain:

‘Reduced rate of duty up to the quantity indicated in boxes 17 and 18 of this licence (Statutory Instrument 2020/1432)’.

Annex 2

List of products which can be imported to qualify for the Garlic quota

Products listed in the Proof of Trade Table, Schedule 3 of Statutory Instrument 2020 No. 1432

CN Code	Description
0702	Tomatoes, fresh or chilled
0703	Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled
0704	Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
0705	Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled
0706	Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled
0707	Cucumbers and gherkins, fresh or chilled
0708	Leguminous vegetables, shelled or unshelled, fresh or chilled
ex 0709	Other vegetables, fresh or chilled, excluding vegetables of sub-headings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60
ex 0802	Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts of sub-heading 0802 70 & 0802 80
0803 10 10	Fresh plantains
0803 10 90	Dried plantains
0804 20 10	Figs, fresh
0804 30 00	Pineapples
0804 40 00	Avocados
0804 50 00	Guavas, mangos and mangosteens
0805	Citrus fruit, fresh or dried
0806 10 10	Fresh table grapes
0807	Melons (including watermelons) and pawpaws (papayas), fresh
0808	Apples, pears and quinces, fresh
0809	Apricots, cherries, peaches (including nectarines), plums and sloes, fresh
0810	Other fruit, fresh
0813 50 31 0813 50 39	Mixtures exclusively of dried nuts of CN Nos 0801 and 0802
0910 20	Saffron
0910 99	Thyme, fresh or chilled
ex 1211 9086	Basil, Melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled
1212 92	Locust (or carob) beans