Customs duty

What is customs duty?

It is a tax applied to goods when they enter or leave the customs territory. There are two main types of customs duties: ad valorem duties, which are calculated as a percentage of the value of the goods, and specific duties, which are based on the quantity of goods, such as weight, volume, or number, rather than their value.

Importance of Customs Duty

Customs Duties were established to achieve two main objectives: generating tax revenue for the state and protecting domestic industries from foreign competition, particularly from countries with low labor costs.

    1. Generation of Tax Revenue for the State: Customs duties are an important source of revenue for governments. By imposing taxes on imported goods, the state collects funds that can be used to finance various public services, infrastructure, and social programs. This tax revenue is essential for maintaining and developing the services necessary for the smooth functioning of the national economy.

  1. Protection of Domestic Industries: Customs duties also serve to protect local businesses from international competition. By imposing taxes on imported goods, customs duties increase the cost of foreign products, which may encourage consumers to buy local products. This helps domestic industries remain competitive by providing a fairer market environment against international companies that benefit from lower production costs, particularly due to lower wages.

The consumer bears the cost indirectly, as it is incorporated into the price of the imported products they purchase. However, when importing a product directly from abroad, they are required to pay the corresponding customs duties on that import.

Calculation and Application of Customs Duties

Customs Duty Calculation Methods

The amount of customs duties and taxes to be paid depends on several factors:

  1. HS Code (Harmonized System): This code is used to classify products and allows customs authorities to quickly identify the contents of the shipment, as well as the applicable taxes, duties, and regulations.
  2. Value of Goods: Including freight and insurance costs, this value is used by customs to determine the applicable duties and taxes. It is crucial to correctly mention this value on the commercial invoice.
  3. Goods Description: The invoice must include a detailed description of the products, their final use, and the country of manufacture. An accurate match between the HS code and the goods description is essential to ensure proper classification.
  4. International Trade Agreements: The agreements between the countries involved may influence the applicable taxes and customs duties. Goods shipped between two countries with a trade agreement may benefit from exemptions or reductions in customs duties.
  5. Incoterms®: Listed on the commercial invoice, Incoterms® define the respective responsibilities of the sender and the recipient regarding shipping costs, including taxes and customs duties.

Categories of Goods and Customs Duty Rates

To determine the customs duties to apply to your goods, start by identifying the applicable rate, which can vary depending on the destination country.

Visit the commercial or customs tariffs section on the official website of the destination country to obtain this information. You can usually search for the rate using the HS Code or the product description.

Once the rate is identified, calculate the customs duties by adding the value of the goods, freight costs, insurance, and any additional charges. Then multiply this total by the applicable customs duty rate to obtain the amount you will need to pay.

Note that some countries may apply different calculation methods to determine the rate. It is advisable to consult the official website of the destination country or contact your carrier for precise information.

To determine the applicable sales tax (VAT), start by identifying the rate in effect in the destination country. For example, in the UK, goods and services are subject to one of three standard VAT rates: 0%, 5%, or 20%. For women’s T-shirts sent to the UK, the applicable rate is 20%, as this is the standard rate for adult clothing.

To calculate the VAT due on your shipment, add the value of the goods, freight costs, insurance, import duties, and any other additional charges. Then multiply this total by the applicable VAT rate in the destination country to obtain the VAT amount to be paid.

Examples of Customs Duty Calculation

Example 1: Importing Laptops

Suppose you are importing laptops into a country where the customs duty rate is 10% on these products.

  • CIF Value: €1,000
  • Customs Duty Rate: 10%

Calculation: Customs Duty = (CIF Value) x (Customs Duty Rate) = €1,000 x 10% = €100

Example 2: Importing Textiles

For cotton clothing imported into a country with a 12% customs duty rate.

  • CIF Value: €5,000
  • Customs Duty Rate: 12%

Calculation: Customs Duty = €5,000 x 12% = €600

Example 3: Importing Cars

Importing a car with a 20% customs duty rate.

  • CIF Value: €20,000
  • Customs Duty Rate: 20%

Calculation: Customs Duty = €20,000 x 20% = €4,000

Other Elements to Consider

  • VAT: In addition to customs duties, there may be taxes such as VAT (which is calculated after customs duties).
  • Free Trade Agreements: Some countries have trade agreements that reduce or eliminate customs duties on certain products.

Regulation and legislation

National Customs Duty Laws

National customs duty laws vary by country and are often influenced by regional or international trade agreements, such as those concluded with the World Trade Organization (WTO) or within the framework of free trade zones. Here is a general overview of the principles and national laws that govern customs duties in various countries.

France and the European Union

In France, customs duties are determined by European customs regulations. The main legislative texts include:

  • Customs Code of the European Union (CDU): It governs customs procedures within EU member states. The customs duty rates are harmonized at the European level and apply uniformly to all member states.
  • Common Customs Tariff (TARIC): This tool is used to determine the amount of customs duties for goods imported into the EU. The tariff varies depending on product categories and their country of origin.
  • EU Trade Agreements: The European Union has concluded trade agreements with several countries and economic blocs, reducing or eliminating customs duties on certain products. For more information, visit the European Commission’s website.

International Trade Agreements

The free trade agreements and unilateral preferences play a crucial role in facilitating international trade for the European Union (EU). These agreements aim to reduce or eliminate customs duties and simplify customs procedures between the EU and its partners. The free trade agreements, negotiated with individual countries or groups of countries, offer tariff reductions and simplified customs procedures, while unilateral preferences grant preferential tariffs to developing countries to encourage their economic growth.

For European businesses, these agreements help identify advantageous sourcing opportunities and enter new markets with reduced costs and better competitiveness. By leveraging these benefits, companies can optimize their import and export strategies, thereby strengthening their position in the international market.

For more information about free trade agreements, you can visit the European Commission website.

Customs Procedures

Procedures

Payment of Customs Duties

Payment of Customs Duties

The payment of customs duties is an essential step when importing goods into a country. Below is a general overview of the customs duties payment process, which can vary depending on the jurisdiction:

1. When to pay customs duties?

Customs duties must be paid at the time of importation of goods into the country. Generally, this occurs when the goods cross the border and are declared to customs. Payment may be required before the goods are released for delivery to the importer.

2. Customs Duties Payment Process

Here are the main steps involved in the payment of customs duties:

a. Customs Declaration

The importer (or their representative, such as a customs broker or freight forwarder) must submit a customs declaration. This declaration contains information about the imported goods, their value, origin, and customs classification.

In Europe, this declaration is often made through the DELTA system or other electronic customs clearance tools. In the United States, the Automated Commercial Environment (ACE) system is used for submitting customs declarations.

b. Calculation of Customs Duties

Customs duties are calculated based on several factors:

  • Customs Value (CIF): The cost of the goods, including insurance and freight.
  • Applicable Duty Rate: This depends on the category of the goods and their country of origin, according to the current customs tariff.
  • Trade Agreements: Reductions or exemptions may apply if the goods come from countries that have trade agreements with the importing country.
c. Payment Methods

The payment of customs duties can be made in different ways, depending on local laws and customs systems. Common options include:

  • Direct Payment to Customs: The importer or their representative pays the amount due directly to the customs authorities before the goods are released. Payment can be made by credit card, bank transfer, or checks in some countries.
  • Customs Account: Some businesses have an account with the customs services. Frequent importers can use this account to pay customs duties and taxes on a deferred basis.
  • Via a Freight Forwarder or Customs Agent: Importers can also delegate the payment to a customs agent or freight forwarder. These agents often advance customs fees and invoice the importer afterward.
d. Additional Taxes

In addition to customs duties, it may be necessary to pay additional taxes such as:

  • VAT (or sales tax in some countries), which is often calculated on the value of the goods plus the customs duties.
  • Other local taxes or excise duties depending on the type of products being imported (for example, for alcoholic beverages or tobacco products).
3. Example: Payment of Customs Duties in France (European Union)

In France, the process follows the rules of the European Union:

  • Importers submit their customs declaration via the DELTA system (online).
  • The payment of customs duties can be made directly to customs or via a suspended account for authorized businesses.
  • Companies with an account can benefit from deferred payment for customs duties and taxes (usually at the end of the month).
4. Deferred Payment and Customs Facilities

Some businesses may benefit from customs facilities, such as payment deferrals or temporary exemptions. These systems include:

  • Transit Regime: Goods can be transported under customs supervision to a storage or processing location without immediate payment of customs duties.
  • Customs Warehouse: Goods can be stored under customs supervision without the immediate need to pay duties and taxes.
5. Consequences of Non-Payment

Non-payment of customs duties may result in several sanctions:

  • Seizure of Goods: If the duties are not paid, customs authorities may refuse to release the goods.
  • Financial Penalties: Fines and interest may be applied for delays in paying duties.
  • Confiscation of Goods: In extreme cases, goods may be seized and even sold at auction to cover the unpaid fees.
6. Use of Software to Facilitate Payment

Many countries allow the use of software to manage customs declarations and facilitate payment of duties. These tools automate processes and help avoid costly errors.

Exemptions and Reductions

Products Exempt from Customs Duties

No customs duty is required if the value of the imported goods is less than 150 euros. This exemption generally applies to goods entering the territory, but there are some notable exceptions. Indeed, perfumes and toilet waters, tobacco products, and alcoholic products do not benefit from this exemption. For these specific categories, customs duties and taxes may apply, even if the value of the goods is below the 150 euro threshold.

Upon arrival in the territory, imported goods are generally held by the customs authorities until the customs duties, VAT, and any potential excise duties are paid. The goods are only delivered after all fiscal obligations have been met. This includes the payment of VAT and, if applicable, excise duties for products like alcohol and tobacco, which are subject to specific regulations. In summary, even if the goods are exempt from customs duties, they may be subject to other taxes and fees depending on their nature and value.

Programs for Reducing Customs Duties

Customs duty reduction programs are initiatives set up by governments or international trade agreements to reduce or eliminate import taxes on certain goods. Here are some common types of programs:

1. Free Trade Agreements (FTA)

Objective: Eliminate or reduce customs duties between partner countries.
Examples:

2. Generalized System of Preferences (GSP)

Objective: Offer reductions or exemptions from customs duties to developing countries.
Example:

    • EU GSP: Allows developing countries to export certain products to the EU with reduced or zero tariffs.

3. Free Trade Zones or Duty-Free Zones

Objective: Create geographic areas where businesses can import goods without customs duties or with reduced taxes.
Example: Free zones in several countries allow businesses to import raw materials, process them, and then re-export them without customs duties.

4. Preferential Agreements

Objective: Reduce customs duties on certain goods from specific countries.
Example: EU preferential agreements with ACP (Africa, Caribbean, and Pacific) countries.

5. Specific Customs Procedures

Objective: Encourage foreign investment or innovation by reducing import costs for certain sectors.
Example: Special regimes such as temporary admission or active processing allow businesses to import raw materials without paying customs duties, provided they re-export them after processing.

These programs aim to stimulate international trade by facilitating access to foreign markets and reducing costs for businesses.

Free Zones and Special Regimes

Free Zones are specific areas located within the customs territory of the European Union. Goods stored in these zones benefit from exemptions from import duties, VAT, and other import taxes due to their special status.

However, people, goods, and means of transport entering or leaving these zones may be subject to customs controls.

To take goods out of a free zone, it is necessary to complete one of the following procedures: either the export (re-export) formalities when the goods leave the EU customs territory, or the entry formalities into the EU customs territory if the goods are directed to another destination within the EU.

Exemptions and Reductions

Sanctions for Non-Payment or Under-Declaration

Non-payment or under-declaration of customs duties exposes businesses and individuals to severe sanctions. First, fines may be imposed, often calculated based on the amount of the fraud, usually a percentage of the unpaid customs duties or the under-declared value of the goods. These fines may be accompanied by additional financial penalties, including interest on the unpaid amounts.

In the case of a serious or repeated offense, customs authorities may also seize the goods, resulting in financial losses for the importing company. The revocation of import or export licenses is another potential sanction, preventing the company from continuing its international business activities.

Appeal Procedures and Disputes

Pour obtenir un remboursement ou une remise de droits de douane, vous devez soumettre une demande au bureau de douane ou au service ayant notifié la dette. Cette demande doit généralement être accompagnée de justificatifs prouvant que les droits de douane ont été indûment payés ou que les circonstances justifient une réduction. Pour plus d’informations sur la procédure, vous pouvez consulter le site des services douaniers de l’UE.

Qui peut faire la demande ?

To obtain a refund or a reduction of customs duties, you must submit a request to the customs office or the service that notified the debt. This request must generally be accompanied by supporting documents proving that the customs duties were paid incorrectly or that the circumstances justify a reduction.

For more information on the procedure, you can visit the website of the EU customs services.

Who Can Make the Request?

You must submit your request in the Member State where the customs debt was notified. In France, this can be done either at the customs office that validated the declarations or at the service that notified the debt in the case of a post-clearance control.

What is the deadline to submit the request?

  • Overpayment, error by customs authorities, equity: within a three-year period from the notification of the customs debt (Articles 117, 119, and 120 of the Customs Code of the Union).
  • Defective goods or non-compliant goods: within a one-year period after the notification of the debt.
  • Invalidation of the declaration: within the period provided for the request for invalidation (Article 116§1 of the Customs Code of the Union).