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What is Binding Tariff Information?

What is Binding Tariff Information?

Binding Tariff Information (BTB) is the administrative decision made by the Ministry (General Directorate of Customs) or the Regional Directorates of Customs and Trade authorized by the Ministry, upon the written or electronic request of the person, regarding the classification of the goods in the Customs Tariff Schedule.
 
BTB is regulated by the Istanbul, Aegean, Central Anatolia, Central Mediterranean, Eastern Marmara and Uludağ Regional Directorates of Customs and Trade. BTB is provided free of charge to the requester. However, the costs incurred by the customs authorities, especially due to the chemical analysis or appraisal of the goods or their return to the requestor, shall be borne by the requesting party.
 
BTB application is made for only one item. The term "item of goods" is understood to mean goods that are in the same tariff position sub-explanation in the Turkish Customs Tariff Schedule and are subject to the same legal or preferential tax rate. BTB application cannot be made for the goods that fall into the tariff positions listed in subparagraph (a) of the first paragraph of Article 196 of the Customs Regulation, which are not in packages made for retail sale.
 
If it is later understood that the goods are within this scope, the application is rejected. Applications for goods that do not have information on them or on their packaging to identify their identity may be rejected if identification is not physically possible. BTB application is made to the authorized customs and trade regional directorate either electronically by entering data into the BTB Program or in writing with a form in accordance with the application form sample in Annex-1 of the Customs Regulation. As an application form, the computer printout obtained after data entry to the BTB Program can also be used.
 
In case the BTB application is made in writing with the form, all the documents in the annex and photographs taken from different angles that will enable the identification of the goods are submitted to the regional directorate, where the application is made, together with the paper copy. A person can only apply for one BTB for the same item. If it is determined that there is a valid BTB for the same item on behalf of a person and it is determined that a BTB has been issued again, all BTBs issued for the same item on behalf of that person are void starting from the date of issue.
 
For the goods that are unquestionably the same as the goods subject to a valid BTB by the customs administrations, classification should be made in accordance with the determination in the BTB. BTB binds the customs administrations only about the tariff position of the goods and only for the goods subject to the customs procedures to be completed after the date of information is given. For this, the declarant must prove that there is compatibility in all respects between the goods declared during the customs procedures and the goods defined in the information given.
 
BTB is valid for 6 years from the date of issue.
 
The purposes of the BTB implementation are: a) To harmonize the classification by applying the classification rules correctly and uniformly, and thus to ensure that the foreign trade regime is applied correctly and equally among the foreign traders, b) To accelerate the declaration process and customs procedures, thereby enabling customs control and international trade. To facilitate as much as possible and reduce the cost of foreign trade transactions, c) To reduce the conflicts between the traders and the customs administration arising from the tariff position of the goods, ç) To allocate sufficient time during customs procedures for the inspection and control of high-risk goods by reducing the time losses arising from the classification problem of the goods during customs procedures, therefore, to ensure that the customs inspections can be carried out selectively and more effectively, e) To ensure that the profitability of an international trade transaction and the possibility of its implementation can be predicted beforehand.

What is the legislation of the goods to be imported?

The legislation of the goods to be imported varies according to the nature of the goods in question, however, it is possible to reach general information about the import of the goods from the legislation page of the Ministry of Commerce as a general framework.
 
For example, if the item to be imported is an electronic product, it would be appropriate to obtain information by also applying to the Ministry of Science, Industry and Technology. It should be known that it is also possible to encounter legislation applications that fall under the jurisdiction of more than one Ministry, depending on the nature of the goods to be imported.

Is permission obtained from the Ministry of Commerce for the temporarily imported goods to be released for free circulation?Applications for subjecting temporarily imported goods to the free circulation regime, although the goods are new and unused or refurbished or used, are included in the "Communiqué on Certain Substances That Can Be Imported as Used or Refurbished (2012/9)" published by the Ministry of Commerce. and if it is within the scope of the goods that are not required for a permit, it is made directly to the relevant customs office. Apart from this, the final import applications of used goods subject to temporary import must be made to the Ministry of Commerce within the period of stay of the goods in the country.

How long does the temporarily imported goods stay in the country?

The period during which the goods allowed for temporary importation can stay in the country are determined by the customs administration that gives the permission to use the regime, for the periods specifically determined in the Council of Ministers Decision No. 2009/15481 and without prejudice to the provision of Article 380 of the Customs Regulation and not exceeding 24 months.
Additional time may be requested by the permit right holder by applying in writing to the customs office of entry to the regime or the closest customs office to the place where the goods are located, within the regime period.
 
It is essential that the period of stay of the goods under the regime does not exceed 24 months, with the additional periods to be given. However, with additional periods, the extension of the period exceeding the period of 24 months can only be made in cases where the ownership of the goods subject to temporary importation is not transferred or it is used in investments with a duration longer than 24 months.

Are all kinds of goods allowed to be exported?All kinds of goods are free to be exported from Turkey, without prejudice to the prohibition and restriction provisions set by international or bilateral agreements, laws, regulations and decrees.