How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3656
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

hello , we are a company from Holland/Poland we are shipping

Customer Question

hello ,
we are a company from Holland/Poland
we are shipping a cleaning product to the uk for 5 years and never had any problems
until January this year customs seize all our product
we ship gbl(gamma butyrolactone)
if i look at the site of home office i read it is legal to supply this as long as it is not for human ignition
i hope you can help my out

kind regards
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

Have you received a Notice of Seizure from HMRC?

Kind regards

AJ
Customer: replied 3 years ago.

Dear alex j,


 


i don't receive a letter from hmrc ,


but my costumers do


 


please check page 16 section 5



https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/119047/report-on-gbl1.pdf




page 4 section 9/10



https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/100526/21-2009.pdf



we sell this product for cleaning purpose


all our customers filled in a declaration on use


 


i hope you can help my out


can you mail back at [email protected]


 


kind regards


Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I have looked at this site.

Have your customers already paid for this and do you guarantee delivery to their premises.

Until HMRC have confirmed why they have seized this it is very difficult to make the next move. Have you written to HMRC and asked them to return the goods? Have you provided them with copies of the declaration?

Kind regards

AJ
Customer: replied 3 years ago.

Dear aj,


 


they claim that the substance in a class c drug in the uk


 


but it is only a clas c drug when it is intended for human consumption


and on our product is a warning that i should only be used for cleaning.


 


we already send this declarations but the don't release this packages


our customers already paid for it


 


 


 


 


 

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

There is an appeal process if they have refused to return the goods. What I need to know first is have they said under what circumstances they would give the packages back?

Or are they only corresponding with your customers directly?

Kind regards

AJ
Customer: replied 3 years ago.

Hi,


 


They are only corresponding with my custumers directly.


I cannot in contact with the customs.


And the shipping company try to show them the rules but they dont want to look into it.


They say it is a class C drug, but they dont look at the exemptions.


 


Kind regards

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The problem is you have delivered the goods to the customer or at least you promised you have delivered them. If they have been seized by the HMRC, HMRC will obviously only then release them to the person they are address to.

Your options are:
1. Re deliver the goods;
2. Give them a refund; or
3. Ask them to notify HMRC that you are now dealing with the matter.

Did you warrant that you would arrange clearance of the goods at customs? Was delivery to your customer premises included in the price?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

the problem is that customs seize it again if i reship it


what is your opinion it is legal to ship this product to the uk right?


 


kind regards


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Having read the guidance it is not illegal.

The only other alternative is you apply to HMRC for prior permission to ship this item. You would have to show them what steps you were taking to ensure that the goods are being used for a legitimate purpose.

I also think your customers need permission to actually import the product.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

oke can you tell my how to get this permission?


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

This is not necessarily a straight forward matter so I can only give you a guide.

What you are proposing to import to the UK will need to be approved by the Health and Safety Executive as it is a chemical.

https://www.gov.uk/export-and-import-licences-for-controlled-goods-and-trading-with-certain-countries
www.hse.gov.uk/‎

Above is a starting guide and link to the HSE. A starting point would be to contact the HSE as they will issue the licence and will tell you what type of licence you need.

Kind regards
AJ
Customer: replied 3 years ago.

im sorry but this link don't work


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Sorry it is two separate links:

https://www.gov.uk/export-and-import-licences-for-controlled-goods-and-trading-with-certain-countries


http://www.hse.gov.uk/

Kind regards

AJ