2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

20.   Unit of Qualification

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    (1)   In determining for the purposes of regulation 12, whether goods are eligible for Community area treatment, each article in a consignment shall be considered separately.

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    (2)   For the purposes of subregulation (1)—

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      (a)     where the Harmonised Commodity Description and Coding System (HS) specifies that a group, set or assembly of articles is to be classified within a single heading, such a group, set or assembly shall be treated as one article;

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      (b)     tools, parts and accessories which are imported with an article, and the price of which is included in that article or for which no separate charge is made, shall be considered as forming a whole with the article, if they constitute the standard equipment customarily included on the sale of articles of that kind;

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      (c)     despite the provisions of subregulation (2), goods shall be treated as a single article provided they are so treated for purposes of assessing Customs duties;

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      (d)     where an unassembled or disassembled article is imported in more than one consignment because it is not feasible for transport or production reasons to import it in a single consignment such article, if the importer so requests shall be treated as one article.

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    (3)   In determining for the purposes of these Regulations where natural produce of the sea, or goods produced or manufactured, therefrom at sea, are to be treated as produced or manufactured, anything done by or on board of a ship belonging to a Community Territory, shall be treated as done in that Community Territory and any such produce of the sea or goods produced or manufactured therefrom at sea, if brought direct to Saint Lucia are to be deemed to be consigned from that Community Territory.

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    (4)   For the purpose of these Regulations a vessel shall be treated as a vessel of a Member State only if—

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      (a)     it is registered in a Member State;

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      (b)     it carries a complement (inclusive of the Master thereof) of which not less than 3/4 are nationals of Member States; and

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      (c)     it is majority owned and operated by—

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        (i)     nationals of Member States,

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        (ii)     a Government of a Member State, or

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        (iii)     a statutory corporation of a Member State.

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    In this paragraph nationals of Member States shall have the same meaning as in paragraph 6 of Article 35 of the Annex to the Treaty.