Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
October/November
2024
Issue 29
ISSN 2669-2171
October / November 2024
Anna Jerzewska

Editor's message

Anna Jerzewska

Member of the Editorial Board

Dear Reader,

With this issue of the CCRM, we are saying farewell to 2024. While we still have one more month to go, we would like to take time to wish you a good and restful holiday break. We are all likely to need it as 2025 is promising to be quite a year in customs in trade. 

In the EU, the legislative process for the EU Customs Reform is likely to move ahead under the Polish Presidency. The EU just signed a historic free trade agreement with Mercosur after having started negotiations in 1999! There is still a long way to go before the agreement enters into force. Legal scrubbing and of course ratification which might prove difficult. In the UK, early 2025 will bring new Government’s trade and industrial strategies. Then, the planned UK-EU summit will force the UK Government to think and plan the UK-EU trading relationship “reset”.  

And then there is the US. We are all waiting to see what the President-Elect will do. From across-the-board tariffs to changing the basic, long-established WTO principles such as the Most Favoured Nation or valuation his promises have so far been quite ambitious. And we might still see some changes under the current administration such as changes to the de minimis. 

In the meantime, we hope you enjoy this last issue of 2024. We continue to provide you with the latest customs and regulatory updates for the EU, the UK and Ukraine. 

The issue includes several articles on classification – the latest WCO updates and the classification opinions within the EU Communication C/2024/5990. We also look at the issue of classification under the EU Deforestation Regulation and how it compares to the way commodity codes are included or excluded under trade agreements. We touch upon challenges to classification whether it’s around data or special practices such as in Israel where “legislative purpose” can change the way classification is interpreted. 

The EU Customs Reform is still with the Council. In one of our articles, Michael Lux, a former Head of Unit at the European Commission, presents his proposal to the Council on how to amend the current version of the text. 

Sanctions and export controls continue to be an important topic. The last author’s meeting was dedicated to how sanctions are implemented in different countries both within the EU and outside. We also have an article on the topic of sanctions specifically in the EU in light of the Reform. On the export controls side, the EU issued updated guidelines on cyber surveillance. 

We also had a bit of a treat in this issue – an interview with Dmitry Grozoubinski the author of “Why Politicians Lie About Trade” in which he talks about his experience of learning about customs through Brexit and many other topics. 

We rounded off this issue with an overview of a customs legal case on the retroactive effect of EU regulations and a country update on Israel. 

We hope you enjoy this issue and we look forward to your feedback on the articles. 

Anna Jerzewska
Chief Knowledge Officer at CustomsClear 

Read more

Case law

EU regulations do not have a retroactive effect, but the measures they repeal do

EU regulations do not have a retroactive effect, but the measures they repeal do

Ilona Mishchenko
Ilona Mishchenko
10 Nov 2024

Do EU rules have a retroactive effect? There is no clear answer to this question. It has been the subject of a number of rulings by the Court of Justice of the EU in relation to specific acts and situations. This article reviews one of the recent CJEU's judgments on this issue. It concerns the retroactive application of anti-dumping duties when they have already been repealed.

taxes and tariffs
law
Case law

Country update

Supervision costs to make a foodstuff "Kosher" are dutiable in Israel

Supervision costs to make a foodstuff "Kosher" are dutiable in Israel

Omer Wagner
Omer Wagner
13 Oct 2024

Customs valuation disputes are very common worldwide. In Israel, valuation disputes concerning foodstuff supervision costs were resolved few years ago, in favour of the State. It was ruled that these supervision costs are inseparable from the goods value, and therefore dutiable.

valuation
Country update

News update

EU customs and trade news: October 2024

EU customs and trade news: October 2024

03 Nov 2024

News in week 44: Combined Nomenclature 2025; WCO exploratory study on the possible strategic review of the HS; definitive countervailing duties on imports of electric vehicles; initiation of an anti-dumping proceeding concerning imports of choline chloride; EU-Colombia, Peru trade agreement - next step; CBAM updated documents; Commission opens formal proceedings against Temu.

law
News update
UK customs and trade news: October 2024

UK customs and trade news: October 2024

03 Nov 2024

News in brief: safety and security declarations, reduced data set and Single Window delayed. UK Carbon Border Adjustment Mechanism (CBAM) consultation response and plastic packaging tax consultation response published. Two new Tariff notices issued. New guidance on internal market movements from Great Britain to Northern Ireland. New guidance on preventing Russian export control and sanctions evasion. Trade remedies notices: registration of imports of biodiesel originating from China. Trade remedies notices: registration of imports of certain engine oils and hydraulic fluids from Lithuania and the United Arab Emirates (UAE). Tobacco Duty: changes to rates from 30 October 2024. Postponement of the Tariff Data Structure – Autonomous Suspensions.

law
News update
EU customs and trade news: November 2024

EU customs and trade news: November 2024

01 Dec 2024

News in week 48: final decision by CJEU in 'Harley Davidson' case on relocating production to avoid retaliatory tariffs; the link of VAT in the Digital Age (ViDA) with the EU Customs Reform; expiry review of anti-dumping on sweetcorn in kernels; EU launches consultation on dispute with India over tariffs on ICT goods; Commission challenges China's anti-dumping tariffs on EU brandy at the WTO; updates of CBAM documents; changes to the import control requirements for certain organic products; Botswana to establish export certification point for rough diamonds; authorisation for the importation of cherry plants from the UK (phytosanitary measures); and more news!

law
News update
Ukraine customs and trade news: October/November 2024

Ukraine customs and trade news: October/November 2024

30 Nov 2024

News at a glance: Export security regime for certain types of agricultural products introduced; Ukrainian Customs Decision System pilot project launched; Automated processing of customs declarations launched; Summary of 2-year journey of Ukraine's use of NTCS; Guidelines for implementation of Customs Code updates published

law
News update
UK customs and trade news: November 2024

UK customs and trade news: November 2024

05 Dec 2024

News in brief: safety and security declaration update; Single Trade Window postponed; TRA recommend duty on Chinese excavators; UK to join CPTPP updates; continental shelf declarations; negotiations on the UK-South Korea FTA resume; ICS2 and NCTS5 update; Simplified Process for Internal Market Movements (SPIMM).

law
News update

Topic spotlight

X marks the spot

X marks the spot

Bert Van Leeuwen
Bert Van Leeuwen
20 Oct 2024

This article talks about the meaning of “ex” before commodity codes listed under Annex I of the EU Deforestation Regulation. With confusion around the interpretation of these codes, it’s one of the points that would need to be clarified before the Regulation can be implemented.

law
sustainability
Topic spotlight
Data challenges in classification and the role of AI in data

Data challenges in classification and the role of AI in data

Elizabeth Davies
Elizabeth Davies
29 Oct 2024

Everyone knows how crucial accurate customs classification is to global trade compliance. In this article, the author explores the importance of accurate data in customs classification, which data matters, and how to trust the data you are working with. She also explores the evolving role that Artificial Intelligence (AI) can play in assigning tariff codes now and potentially in the future.

classification
Topic spotlight
Cyber-surveillance: new Commission guidelines

Cyber-surveillance: new Commission guidelines

Sabine van Osenbrüggen
Sabine van Osenbrüggen
06 Nov 2024

New Commission guidelines for cyber-surveillance exporters were published on 16 October 2024. The new guidelines aim to make EU controls “more effective and consistent across Member States”. The information provided by the Commission is not new but offers a clarification on how controls should be carried out by traders. They assist EU exporters in navigating export controls for cyber-surveillance items by providing a step-by-step approach to transaction screening.

restrictions
Topic spotlight
Legislative purpose: the unwritten criterion in classifying goods

Legislative purpose: the unwritten criterion in classifying goods

Omer Wagner
Omer Wagner
12 Nov 2024

The use of the ‘legislative purpose’ criterion in the classification of goods (i.e. whether the product should be taxed or not) leads to a lack of uniformity and undermines the principle underlying the HS Convention. Therefore, it is proposed to minimize the use of the ‘legislative purpose’ criterion and to return to the traditional classification rules of the World Customs Organization Harmonized System Convention. The article below is a short version of the full article, which has been published in the World Customs Journal, 2024, Issue 18(2). Publication of the short version with a reference to the full version was approved by the WCJ.

classification
Topic spotlight
Interview: Why Politicians Lie About Trade... and What You Need to Know about It

Interview: Why Politicians Lie About Trade... and What You Need to Know about It

Dmitry Grozoubinski
Dmitry Grozoubinski
24 Nov 2024

Dmitry Grozoubinski is a recognized authority on international trade policy and the author of “Why Politicians Lie About Trade”. The book is an accessible guide to how international trade really works. It gives voters a peak behind the curtain, and equips them with the tools to ask the right questions of those in power promising miracles or warning of disasters. In an interview with CustomsClear’s Anna Jerzewska, Dmitry talks about his book and experience venturing into the world of customs.

clearance process
Topic spotlight
What’s new in classification: the latest WCO updates on classification of goods

What’s new in classification: the latest WCO updates on classification of goods

Ingrida Sakalienė
Ingrida Sakalienė
04 Dec 2024

Article 34 (7)(ііі) of the Union Customs Code provides for that the customs authorities shall revoke BTI decisions where they are no longer compatible with the classification decisions, classification opinions or amendments of the HS nomenclature Explanatory Notes. In such cases, the European Commission issues a Communication and publishes it in the 'C' series of the Official Journal of the European Union. This article provides an overview of the recent Communication C/2024/5990 and the classification opinions contained therein.

classification
Topic spotlight
International sanctions and export controls: the latest challenges

International sanctions and export controls: the latest challenges

06 Dec 2024

International sanctions and export controls are critical tools for promoting global security and addressing geopolitical challenges. As these measures continue to evolve, businesses face increasing complexity in ensuring compliance while maintaining operational efficiency. This overview presents the latest trends and challenges in export controls and sanctions from a range of countries. They were presented by experts and practitioners from the US, France, Germany, Lithuania, Poland and Brazil at the 24th Author’s Meeting.

restrictions
Topic spotlight

Perspective

Presentation on the UCC reform proposal in the Council

Presentation on the UCC reform proposal in the Council

Michael Lux
Michael Lux
04 Oct 2024

In this article, the author outlines the content of his presentation and the subsequent questions and answers session during the meeting of the Council's Customs Union Working Group (CUG) on 19 September 2024, in Brussels. The author was invited by the Hungarian Presidency as a customs law expert.

law
Perspective
EU sanctions system and the new Customs Code

EU sanctions system and the new Customs Code

Fabrizio Vismara
Fabrizio Vismara
27 Oct 2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

compliance
Perspective