Innovation Rehab Limited v The Commissioners for HMRC

Decision date: 6 June 2023

Neutral citation: [2023] UKFTT 472 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Innovation Rehab appealed HMRC's reclassification and post-clearance demand for ten imported inflatable/pre-inflated hospital-care plastic products. The Tribunal found that all ten items were correctly classifiable under CN 9021 10 10 00 up to 28 March 2019, but from 29 March 2019 four items remained in 9021 while six were classifiable under CN 3926 90 97 90 following the publication of Additional Note 2. The Tribunal held that the 2019 Official Journal publication put traders on notice, so Innovation Rehab could not rely on HMRC's 2005 telephone guidance for imports after that date.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: medium

A tariff-note change published in the Official Journal (Additional Note 2) is treated as putting traders on notice from its publication date; therefore a publicly published change to tariff definitions can defeat reliance on prior administrative (telephone) guidance and govern classification from that date.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The notes indicate the Tribunal observed that telephone guidance from customs authorities can amount to an error by the competent authority for Article 119-type relief, and that legitimate expectation might be available in some circumstances but will not protect traders against clear, publicly published tariff changes apparent on the face of the tariff.