Annex B.3 Annex concerning containers, pallets, packings, samples and other goods imported in connection with a commercial operation

a)

‘goods imported in connection with a commercial operation’ means:

containers, pallets, packings, samples, advertising films and any other goods imported in connection with a commercial operation but whose importation does not in itself constitute a commercial operation;

b)

‘packing’ means:

all articles and materials used, or to be used, in the state in which they are imported, to pack, protect, stow or separate goods, excluding packing materials such as straw, paper, glasswool, shavings etc., when imported in bulk. Containers and pallets, as defined in Items (c) and (d) of this Article respectively, are also excluded;

c)

‘container’ means:

an article of transport equipment (lift-van, movable tank or other similar structure);

(i)

fully or partially enclosed to constitute a compartment intended for containing goods,

(ii)

of a permanent character and accordingly strong enough to be suitable for repeated use,

(iii)

specially designed to facilitate the carriage of goods, by one or more modes of transport, without intermediate reloading,

(iv)

designed for ready handling, particularly when being transferred from one mode of transport to another,

(v)

designed to be easy to fill and to empty, and

(vi)

having an internal volume of one cubic meter or more,

‘container’ shall include the accessories and equipment of the container, appropriate for the type concerned, provided that such accessories and equipment are carried with the container. The term ‘container’ shall not include vehicles, accessories or spare parts of vehicles, or packaging or pallets. ‘Demountable bodies’ shall be regarded as containers;

d)

‘pallet’ means:

a device on the deck of which a quantity of goods can be assembled to form a unit load for the purpose of transporting it, or of handling or stacking it with the assistance of mechanical appliances. This device is made up of two decks separated by bearers, of of a single deck supported by feet; its overall heights is reduced to the minimum compatible with handling by fork lift trucks or pallet trucks; it may or may not have a superstructure;

e)

‘samples’ means:

articles which are representative of a particular category of goods already produced or are examples of goods the production of which is contemplated, but does not include identical articles brought in by the same individual, or sent to a single consignee, in such quantity that, taken as a whole, they no longer constitute samples under ordinary commercial usage;

f)

‘advertising films’ means:

recorded visual media, with or without sound track, consisting essentially of images showing the nature or operation of products or equipment put up for sale or hire by a person established of resident outside the territory of temporary admission, provided that the films are of a kind suitable for exhibition to prospective customers but not for general exhibition to the public; and are imported in a packet which contains not more than one copy of each film and which does not form part of a larger consignment of films;

g)

‘internal traffic’ means:

the carriage of goods loaded in the Customs territory of a Contracting Party for unloading at a place within the Customs territory of the same Contracting Party.

a)

packings which are imported filled for re-exportation empty or filled, or are imported empty for re-exportation filled;

b)

containers, whether or not filled with goods, and accessories and equipment for temporarily admitted containers, which are either imported with a container to be re-exported separately or with another container, or are imported separately to be re-exported with a container;

c)

component parts intended for the repair of containers granted temporary admission under Item (b) of this Article;

d)

pallets;

e)

samples;

f)

advertising films;

g)

any other goods imported for any of the purposes listed at Appendix I to this Annex in connection with a commercial operation but whose importation does not in itself constitute a commercial operation.

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a)

packings can be re-exported only by the person to whom the temporary admission facilities were granted. They shall not, even occasionally, be used in internal traffic;

b)

containers must be marked in the manner prescribed in Appendix II to this Annex. They may be used for the carriage of goods in internal traffic, in which case each Contracting Party shall be entitled to impose the following conditions:

—

the journey shall bring the container by a reasonably direct route to, or nearer to, the place where export cargo is to be loaded of from where the container is to be exported empty;

—

the container will be used only once in internal traffic before being re-exported;

c)

pallets or an equal number of pallets of the same type and substantially the same value must have been previously exported or will be subsequently exported of re-exported;

d)

samples and advertising films must be owned by a person established or resident outside the territory of temporary admission and must be imported solely for the purpose of being shown or demonstrated in the territory of temporary admission, for the soliciting of orders for goods to be imported into that territory. They may not be sold or put to normal use except for the purposes of demonstration, or used in any way for hire or reward while in the territory of temporary admission;

e)

the goods referred to in Items 1 and 2 of Appendix I to this Annex shall not be used for gainful activity.

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(i)

to supply to the Customs authorities, at their request, detailed information concerning the movements of each container granted temporary admission including the dates and places of entry into and exit from the territory of temporary admission; or a list of containers with an undertaking to re-export,

(ii)

to pay such import duties and taxes as may be required in cases where the conditions of temporary admission have not been fulfilled.

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a)

no more than three groups of goods listed in Article 2;

b)

Article 5, paragraph 1,

of this Annex.

—

European Convention on Customs treatment of pallets used in international transport, Geneva, 9 December 1960

—

Customs Convention on the temporary importation of packings, Brussels, 6 October 1960

—

Articles 2–11 and Annexes 1 (paragraphs 1 and 2) -3 to the Customs Convention on Containers, Geneva, 2 December 1972

—

Articles 3, 5 and 6 (1.b and 2) to the International Convention to facilitate the importation of commercial samples and advertising material, Geneva, 7 November 1952

in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to those Conventions.

a.

The identification of the owner or principal operator, which may be shown either by its full name or by an established identification system, symbols such as emblems or flags being excluded;

b.

The identification marks and numbers of the container, given by the owner or principal operator; and

c.

The tare weight of the container, including all its permanently fixed equipment.

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a)

a high-quality adhesive shall be used. The film, once applied, shall have a tensile strength lower than its final adhesion so that removal of the film without destroying it is impossible. Film produced by the cast method of production meets these requirements. Film produced by the calendar method of production shall not be used;

b)

when identification marks and numbers have to be changed, the film to be replaced shall be removed completely prior to the affixing of the new film; placing of new film over an existing film shall not be permitted.

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