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The Customs (Origin of Chargeable Goods: Developing Countries Trading Scheme) Regulations 2023

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Derogation in respect of specified goods

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16.—(1) The Secretary of State may, by notice, grant a temporary derogation in respect of specified goods from a qualifying DCTS country from the provisions of these Regulations where one or both grounds set out in paragraph (2) are met.

(2) The grounds are that—

(a)circumstances temporarily deprive exporters from the qualifying DCTS country of the ability to meet the conditions set out in these Regulations for the goods to be regarded as originating from it;

(b)exporters from the qualifying DCTS country require time to meet those conditions.

(3) A request for a temporary derogation by a qualifying DCTS country under paragraph (1) must—

(a)be made in writing to the Secretary of State by the qualifying DCTS country, and

(b)state the grounds giving rise to the request, as set out in paragraph (2)(a) or (b), or both, and provide evidence in support of the request.

(4) The duration of the temporary derogation must be limited to the duration of the effects of the circumstances giving rise to it or the length of time needed for exporters from the qualifying DCTS country to meet the conditions referred to in paragraph (2)(a).

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