Customs Compliance & Risk Management

Customs Compliance & Risk Management
2024
June/July
Journal for practitioners in Europe
Issue 27
ISSN 2669-2171
June / July 2024
Enrika Naujokė

Editor's message

Enrika Naujokė

Member of the Editorial Board

Dear Reader,

The “chain reaction” triggered by a regulation could be a good aspect to start with considering the latest legal developments. For example, who is affected by the new EU’s directive on sustainability due diligence? At first glance, only large companies. However, at a closer look, it becomes clear that the company’s entire supply chain will be affected, as suppliers, regardless of size, are required to disclose information about human rights and environmental compliance throughout their supply chain. Importers dealing with CBAM, already have the experience of related challenges. More requirements affecting more companies are to come soon. 

How to manage compliance? ‘All eyes on AI-based technologies’ is no overstatement. Even if it is a buzzword, the power and potential of it is obvious: in an unusually hot summer, we benefit from an AI-based app that suggests a shady cycling route; at work, a generative AI assistant writes the code for a tool that simplifies customs compliance. "It saves me a lot of energy and time - I don't have to write the code from scratch, just check it" shares my colleague. This CCRM issue includes several articles related to tariff classification tools. We also invite you to read about the work being done in the EU to promote AI-related innovation and, at the same time, regulate the field taking into account potential risks.

‘But what could affect my work today?’ – we often hear this from practitioners. In each CCRM issue, we respond to this need. For example, some of the news may have an immediate impact on your day-to-day business (e. g. the introduction of tariff quotas or anti-dumping measures). Articles on court disputes between customs and companies are another invaluable source of practical information. Don't think they're boring! These are real-life stories that reveal the thinking of all parties involved, the pitfalls to watch out for and the mistakes of others to learn from. You will also benefit from the knowledge and views that the authors share in the articles on the latest news (e.g. the tariffs on Chinese BEVs) and developments (e.g. EU Customs Reform), and situations from their daily practice (e.g. Incoterms).

I believe that humans will not outsource thinking to AI, but will use it as an assistive technology. Given the increasing legal complexity, continuous learning is therefore the key to securing future-proof skills and competencies.

Enjoy reading this issue!

Enrika Naujoke
Member of the Editorial Board
CEO at CustomsClear

Read more

Case law

Harley-Davidson v. Commission update: relocating production to avoid retaliatory tariffs is economically justified for the determination of non-preferential origin

Harley-Davidson v. Commission update: relocating production to avoid retaliatory tariffs is economically justified for the determination of non-preferential origin

Khalid Abdullah
Khalid Abdullah
24 Jun 2024

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...

origin
Case law
Importing chemicals: CJEU rules who bears the burden of administrative work

Importing chemicals: CJEU rules who bears the burden of administrative work

David Savage
David Savage
09 Jul 2024

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...

clearance process
restrictions
Case law
Breaking into customs safe box: court rules on classification and sides with the importer

Breaking into customs safe box: court rules on classification and sides with the importer

Omer Wagner
Omer Wagner
14 Jul 2024

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...

classification
law
Case law

Overviews and comments

The latest AI-related regulatory developments in the EU and implications for customs

The latest AI-related regulatory developments in the EU and implications for customs

Ramūnas Šablinskas
Ramūnas Šablinskas
28 Jul 2024

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...

Tech
Overviews and comments
Topic spotlight

Country update

The impact of the Turkish-Israeli trade crisis on the region

The impact of the Turkish-Israeli trade crisis on the region

Omer Wagner
Omer Wagner
09 Jun 2024

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...

origin
Country update
Introduction of advance rulings system in Côte d’Ivoire

Introduction of advance rulings system in Côte d’Ivoire

Segba Jean Soro
Segba Jean Soro
14 Jun 2024

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...

classification
origin
Country update

News update

EU customs and trade news: June 2024

EU customs and trade news: June 2024

30 Jun 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...

law
News update
Car wars: the EU announced additional tariffs on imports of Chinese battery electric vehicles

Car wars: the EU announced additional tariffs on imports of Chinese battery electric vehicles

Anna Jerzewska
Anna Jerzewska
20 Jun 2024

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...

taxes and tariffs
News update
EU customs and trade news: July 2024

EU customs and trade news: July 2024

28 Jul 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...

law
News update
UK customs and trade news: June 2024

UK customs and trade news: June 2024

Anna Jerzewska
Anna Jerzewska
07 Jul 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...

taxes and tariffs
News update
Ukraine customs and trade news: June/July 2024

Ukraine customs and trade news: June/July 2024

Iryna Pavlenko
Iryna Pavlenko
31 Jul 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...

law
News update
UK customs and trade news: July 2024

UK customs and trade news: July 2024

04 Aug 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.

law
News update

Topic spotlight

U.S. tariffs on Chinese electric vehicles and their effects

U.S. tariffs on Chinese electric vehicles and their effects

Ira Reese
Ira Reese
16 Jun 2024

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...

restrictions
Topic spotlight
DAP Incoterm and imports

DAP Incoterm and imports

Bert Van Leeuwen
Bert Van Leeuwen
18 Jul 2024

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...

law
compliance
Topic spotlight
Customs tariff classification and the use of assistive technologies

Customs tariff classification and the use of assistive technologies

Andrew Grainger
Andrew Grainger
28 Jul 2024

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...

classification
Topic spotlight
Tariff classification of goods in the light of the latest technological developments

Tariff classification of goods in the light of the latest technological developments

04 Aug 2024

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...

classification
Topic spotlight

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?

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?

Michael Lux
Michael Lux
06 Jun 2024

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...

law
Perspective

Explainer

An overview of the Cost, Insurance, Freight (CIF) Incoterm

An overview of the Cost, Insurance, Freight (CIF) Incoterm

Holly Piggott
Holly Piggott
23 Jun 2024

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...

law
Explainer