TITLE IGENERAL PROVISIONS
CHAPTER 2Rights and obligations of persons with regard to the customs legislation
Article 33Decisions relating to binding information
1.
The customs authorities shall, upon application, take decisions relating to binding tariff information (BTI decisions), or decisions relating to binding origin information (BOI decisions).
Such an application shall not be accepted in any of the following circumstances:
(a)
where the application is made, or has already been made, at the same or another customs office, by or on behalf of the holder of a decision in respect of the same goods and, for BOI decisions, under the same circumstances determining the acquisition of origin;
(b)
where the application does not relate to any intended use of the BTI or BOI decision or any intended use of a customs procedure.
2.
BTI or BOI decisions shall be binding, only in respect of the tariff classification or determination of the origin of goods:
(a)
on the customs authorities, as against the holder of the decision, only in respect of goods for which customs formalities are completed after the date on which the decision takes effect;
(b)
on the holder of the decision, as against the customs authorities, only with effect from the date on which he or she receives, or is deemed to have received, notification of the decision.
3.
BTI or BOI decisions shall be valid for a period of three years from the date on which the decision takes effect.
4.
For the application of a BTI or BOI decision in the context of a particular customs procedure, the holder of the decision shall be able to prove that:
(a)
in the case of a BTI decision, the goods declared correspond in every respect to those described in the decision;
(b)
in the case of a BOI decision, the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision.