Legislation – Finance Act 2026
Part 5Carbon border adjustment mechanism
The charge
144Importation
(1)
For the purposes of this Part, a reference to a good being imported into the United Kingdom is a reference to—
(a)
the first time a good is imported as described in this section, and
(b)
if a good is imported as described in this section and subsequently exported from the United Kingdom, the next time the good is imported as described in this section.
(2)
(3)
If a CBAM good is chargeable to duty under section 30C of TCTA 2018, it is imported when liability to that duty is incurred in respect of the good.
(4)
If a CBAM good is chargeable to duty under section 30A(3) or 40A(1)(a) of TCTA 2018 (or would be so chargeable but for regulations within section 30B(1)(a) or 40B(1)(a) of that Act), it is imported when liability to that duty is incurred in respect of the good (or would be incurred but for the regulations).
(5)
If a CBAM good is—
(a)
a Union good that is imported into the United Kingdom as a result of its entry into Northern Ireland and not excluded by regulations made by the Treasury,
(b)
a good that is imported into the United Kingdom from the Isle of Man and not excluded by regulations made by the Treasury,
(c)
a domestic good by virtue of regulations made under section 33(8) of TCTA 2018 relating to goods declared for an outward processing procedure, or
(d)
a domestic good by virtue of subsection (6) of section 36 of TCTA 2018 or regulations made under that section,
it is imported at the time of importation for the purposes of the customs and excise Acts.
(6)
If a CBAM good would be chargeable to duty under section 30C of TCTA 2018 but for regulations within subsection (6)(a) of that section, it is imported at the time of entry of the good in Great Britain in the course of the removal of the good to Great Britain from Northern Ireland.
(7)
The reference in subsection (4) to when liability to duty under section 30A(3) or 40A(1)(a) of TCTA 2018 is incurred in respect of a good is to when, for the purpose of the duty, a customs debt on import is incurred under UCC 2013.
(8)
“; or
(d)
goods which are CBAM goods.”
(9)
Section 5 of CEMA 1979 applies for the purpose of subsection (6) to determine the time of entry of a CBAM good in Great Britain in the course of the removal of the good to Great Britain from Northern Ireland as it applies for the purpose of the customs and excise Acts to determine the time of importation of goods—
(a)
reading references in that section to the time of importation of goods as the time of entry of the CBAM good in Great Britain, and
(b)
reading references in subsections (2) and (6) of that section to the United Kingdom as Great Britain.
(10)
Regulations made by the Treasury may exclude from subsection (4) or (6) (as the case may be) goods that would be chargeable to duty under section 30A(3), 30C or 40A(1)(a) of TCTA 2018 but for regulations within section 30B(1)(a), 30C(6)(a) or 40B(1)(a) of that Act.