Customs Compliance & Risk Management
Case law
Harley-Davidson v. Commission update: relocating production to avoid retaliatory tariffs is economically justified for the determination of non-preferential origin
On May 30, 2024, the Advocate General (AG) of the Court of Justice of the European Union (CJEU) issued a very interesting opinion in the case Harley-Davidson v. Commission (C-297/23 P). This case, currently awaiting a final decision by the CJEU, holds substantial implications for importers needing to determine the non-preferential origin of goods within the EU.
Importing chemicals: CJEU rules who bears the burden of administrative work
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation is the EU’s main instrument to protect human health and the environment from the risks that can be posed by chemicals. The legislation places a registration obligation on the importer. However, the definitions of the importer and import under the REACH legislation do not align with the customs terminology. The article demonstrates what happens when discrepancies arise.
Breaking into customs safe box: court rules on classification and sides with the importer
An Israeli court recently ruled in favour of an importer's claim against the Israeli customs authority. The court found that the classification of a protective safe used to prevent the theft of vehicle computers was in line with the importer's proposal. At the same time, the court dismissed part of the claim due to the statute of limitations.
Overviews and comments
The latest AI-related regulatory developments in the EU and implications for customs
Developments in the field of artificial intelligence (AI) are the latest buzzword. However, the majority of people do not understand the technology behind it as well as its potential implications for our lives and, more specifically, the field of customs and border management. In this article, we will give a short overview of the operational principles of AI tools and will provide insights into EU regulatory attempts to tame this disruptor of multiple areas of the world as we know and understand it.
Country update
The impact of the Turkish-Israeli trade crisis on the region
Recently, trade relations between Türkiye and Israel have been shaky. Although Türkiye and Israel have had a free trade agreement for many years, Türkiye announced that it would stop all trade with Israel, to which Israel responded that it intended to abolish the free trade agreement and also impose additional 100% tariffs on imports from Türkiye. This crisis will not only affect the two parties, but possibly also EU traders.
Introduction of advance rulings system in Côte d’Ivoire
In 2023, Côte d’Ivoire introduced a new and modern system of advance customs rulings. This development followed two workshops organised in Côte d’Ivoire in May 2023 with the German Alliance for Trade Facilitation and under the aegis of the EU-WCO Programme for the Harmonized System in Africa funded by the EU. The workshops were part of a wider capacity-building programme to support Côte d’Ivoire in meeting its WTO Trade Facilitation Agreement obligations - in particular, Article 3 of the TFA which requires signatory parties to provide an option to apply advance rulings on origin and classification.
News update
EU customs and trade news: June 2024
News in week 26: Regulation on 'ecodesign' and digital product passport, also to be used for customs control purposes; legal acts comprising the EU's 14th package of sanctions; additional restrictive measures against Belarus; increased tariffs on imports of certain agricultural products from Belarus and Russia; amended list of sanctioned persons in respect of actions undermining independence of Ukraine; additional sanctions against Iran persons supplying drones to Russia; amendment of tariff quotas for certain agricultural and industrial products; prolongation of the safeguard measure on imports of certain steel products and repayment of duties in certain cases; corrections related to the temporary trade-liberalisation measures applicable to Ukrainian products; EU gains US market access for certain plants; updated Transitional CBAM Registry user manual for Declarants.
Car wars: the EU announced additional tariffs on imports of Chinese battery electric vehicles
China is facing increasing pressure over exports of battery electric vehicles (BEVs) as a number of countries contemplate applying measures to protect domestic markets from what they consider to be unfair and market-distorting subsidisation by the Chinese government. On 12 June 2024, the European Commission pre-disclosed new tariffs as a result of an anti-subsidy investigation launched towards the end of 2023. This follows 100% applied on Chinese BEVs introduced by the US in May 2024 and a 40% tariff on conventional and hybrid vehicle imports from China imposed by Türkiye earlier in June.
EU customs and trade news: July 2024
News in week 30: first global rules on digital trade - the WTO the E-commerce Agreement; WTO issued new edition of World Tariff Profiles; EU-Singapore Digital Trade Agreement complements FTA; European Council extends economic sanctions against Russia and Belarus for 6 months; EU regulations classifying hair dye advertising catalogue and passive optical splitters for telecommunications; tariff quotas for groats originating in Ukraine; updates on anti-dumping and anti-subsidy measures on PET originating in India, glyoxylic acid originating in China, pipe fittings originating in China and Thailand, monosodium glutamate originating in China; changes to the representative price for frozen chicken parts originating in Brazil; and more news!
UK customs and trade news: June 2024
UK's steel safeguard measures and suspensions for Ukraine have been extended for two years. Interim guidance for exports from Great Britain as merchandise in baggage or small vehicle has been published. Further details have been provided on moving processed or repaired goods into free circulation or re-exporting them. HMRC's guidance is being updated to remove references to CHIEF while the log of CDS known errors and workarounds has been updated. There are a number of issues currently affecting the New Computerised Transit System (NCTS) Phase 5 movements.
Ukraine customs and trade news: June/July 2024
News at a glance: exemption from customs duties and VAT on imports of energy and demining equipment was approved; illegal imports and exports of goods of significant value (smuggling) is now a criminal offence instead of being subject to administrative penalties; updated Canada-Ukraine Free Trade Agreement entered into force; EU-Ukraine duty-free trade was extended; changes were made to the list of agricultural products where exports are subject to licensing; inward processing procedure was allowed for some vehicles and their bodies; the State Electronic Export Control System was launched as a pilot; progress was made on the development of the AEO programme in Ukraine.
UK customs and trade news: July 2024
New Labour Government announces free trade negotiations strategy. UK joins global digital trade agreement. Animal Welfare Act. Economic Interest Test. Registration of imports of suspension poly (vinyl chloride) from the United States of America. The Trade Remedies Authority review into polyethylene terephthalate from India.
Topic spotlight
U.S. tariffs on Chinese electric vehicles and their effects
On 14 May, U.S. President Joe Biden placed a 100% tariff duty rate on imports of Chinese Electric Vehicles (EVs). The reasoning was that the low cost of Chinese EVs needs to be counterbalanced by tariffs so that domestic manufacturers can compete fairly against Chinese imports. Editors’ note: For developments in the EU, see ‘EU law news June 2024’.
DAP Incoterm and imports
DAP and DPU are among the most widely used Incoterms for international shipments into the EU - but are traders truly aware of the risks they carry? From disputed demurrage costs and unanswered questions over risk transfer, to unexpected transit document charges, this article reveals why what appears to be a straightforward delivery arrangement can quickly become a legal and logistical minefield.
Customs tariff classification and the use of assistive technologies
Tariff classification is one of the most complicated things about customs. Not surprisingly, there are many tools available to make the process easier and more automated. This article provides an overview of the main technologies and solutions available to assist classification, particularly those found online. This article is an abridged version of the full article published in the World Customs Journal, 18(1). The abridged version of the article is published with the permission of the WCJ.
Tariff classification of goods in the light of the latest technological developments
The technological advances we have witnessed in recent times affect all areas of our lives. Customs is no exception. On the one hand, there are a large number of new products equipped with advanced technologies, including AI, that need to be classified, cleared and taxed upon import. On the other hand, customs authorities and private sector customs professionals are using the latest technologies for their professional purposes, in particular for tariff classification. How does this technology boom affect both sides of the customs industry? Does it make life easier for customs professionals or does it create new headaches? Experts from around the world tried to find answers to these complex questions during the 22nd Authors' Meeting. Below is an overview of the main points provided by experts from some of the EU Member States, the UK, Switzerland, the USA, Canada, Brazil and Israel.
Perspective
Replacement of the AEO by the "Trust and Check Trader": what would be the practical changes for AEOs and non-AEOs under the EU Commission’s UCC Reform Proposal?
The replacement of the AEO with a new designation of "Trust and Check Trader", as proposed under the EU customs reform, is not just a change of name. The European Commission is introducing with this concept both additional requirements and new restrictions in comparison to the current AEO facilitations, as well as removing almost all existing facilitations for non-AEOs. Since under the EU Customs Reform proposal all responsibility for fiscal and nonfiscal compliance will lie with importers and exporters, AEOs who currently benefit from customs simplifications but are not importers or exporters (indirect customs representatives will be treated as such), but rather carriers, warehouse keepers or direct customs representatives, will lose their privileged status as trustworthy economic operator. In this article, the author explains the proposed rules for T&C and the negative consequences for economic operators who will lose this status, as well as the loss of facilitations currently available for economic operators without AEO status.
Explainer
An overview of the Cost, Insurance, Freight (CIF) Incoterm
Incoterms are international trade terms published by the International Chamber of Commerce and widely adopted on a global basis. In the United Kingdom, there is a legal obligation to submit the Incoterms relating to all imports to His Majesty’s Revenue and Customs (HMRC) from 30 September 2022. This article will provide an overview of the obligations related to the Cost Insurance Freight (CIF) Incoterm.