Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
February/March
2023
Issue 19
ISSN 2669-2171
February / March 2023
Prof Dr Borys Kormych

Editor's message

Prof Dr Borys Kormych

Member of the Editorial Board

Dear Readers,

I am delighted to write the editorial for the February/ March issue of CCRM. The WCO Secretariat announced the 2023 slogan “Nurturing the Next Generation: Promoting a Culture of Knowledge-sharing and Professional Pride in Customs”, which, in fact, goes far beyond mere customs administrations and is essential for all stakeholders involved in international trade. The knowledge-sharing culture can help build stronger partnerships, trust and mutual understanding between customs and the private sector and develop more effective processes to achieve common goals, such as improving trade facilitation and enhancing supply chain security. The WCO emphasizes the role of professional journals, magazines, and newsletters in knowledge management and sharing. And, in this regard, I am thrilled to inform you that the case of CCRM in providing information and fostering exchanges between brokers and representatives of Customs and other relevant institutions was presented by our Editor, Enrika Naujokė, in her insightful piece for the first 2023 issue of WCO News.

The current CCRM issue makes a particular focus on tariff classification. Articles written by Christopher Matt, Ingrida Kemežienė and Taichi Kawazoe cover a broad range of cases, including the completeness of product information, procedures for advance rulings, pipe transportation devices, inflatable couches, and drones. The latter reminds us of the ongoing Russo-Ukrainian armed conflict that shows the extensive utilization of commercial drones for military purposes. So, I think we will soon see a more detailed classification of drones to distinguish some features critical for military use, empowering more strict export controls.

The customs procedures section starts with the notes from the discussion at the 14th CCRM Authors' Meeting, which involved customs experts from Belgium, Germany, Lithuania, France, Bulgaria, Israel, Brazil and Argentina. It provides valuable insights into possibilities the proper choice of procedure may deliver and highlights the diversity of challenges customs professionals face in particular countries. This is followed by articles investigating inward procedures in the UK by Arne Mielken and the EU by Sandra Rinnert, Michael Lux and Enrika Naujokė. Besides general information, readers may get some comparative aspects of the UK and the EU customs procedures trajectory after Brexit.

Among the overviews of the EU law, I would like to highlight the article by Gediminas Valantiejus on the long-lasting EU efforts on the harmonization of penalties for customs infringements that “celebrate” the tenth anniversary this year. The series of EU-organized surveys and research revealed too many differences between member states, yet few suggestions on harmonization. In the same section Boryana Peycheva addresses pressing measures to unify customs control practices across the EU that are discussed in the report for the European Parliament's committee on Internal Market and Consumer Protection.

The current issue traditionally embraces the valuation topic. Georgi Goranov discusses the pros and cons of the Commission’s draft delegated regulation on Binding Valuation Information. Enrika Naujokė looks into the interplay between the choice of place of entry of goods and customs value. In country-specific publications, Ilona Mishchenko addresses information exchange challenges between Ukrainian customs and businesses. At the same time, Omer Wagner provides insights on the “importer's affidavit,” a unique tool the Israeli customs uses to obtain valuation information. 

I would rather not bore readers with any further listing, but on behalf of our editorial team, I hope you will find this CCRM issue exciting and valuable.

With Best Regards,
Dr. Prof. Borys Kormych

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Content

Case law

Classification of inflatable couches: furniture or camping equipment?

Classification of inflatable couches: furniture or camping equipment?

Ingrida Kemežienė
Ingrida Kemežienė
12 Mar 2023

The Court of Justice of the European Union (CJEU) has in the first 2 months of the year provided clarifications in 2 cases related to the tariff classification of goods. This shows that business is constantly confronted with questions of the proper classification of goods, which, for certain goods, we will overview. In this article, let’s start with the classification of inflatable couches: Are they furniture or camping equipment? The duty tariff would be 3.7% or 12%, respectively.

classification
Case law
Classification
Classification of a pipe transportation device: an article of aluminium or a container?

Classification of a pipe transportation device: an article of aluminium or a container?

Ingrida Kemežienė
Ingrida Kemežienė
12 Mar 2023

Let's take a look at the second judgement issued by the Court of Justice of the European Union (CJEU) earlier this year on the tariff classification of goods (the first one was on classification of inflatable couches). This case is about a pipe transportation device: Should it be classified as an article of aluminium or a container? Accordingly, the import duty rate is 6% or 0%. The CJEU also clarified what a ‘container’ means for tariff classification purposes.

classification
Case law
Classification

Overviews and comments

Binding Valuation Information (BVI) decisions in the EU: the pros and cons

Binding Valuation Information (BVI) decisions in the EU: the pros and cons

Georgi Goranov
Georgi Goranov
05 Feb 2023

Biding tariff and binding origin information decisions are used in the EU and provide legal certainty to economic operators regarding the correct determination of the tariff code and origin of their goods. What about the introduction of the same measures with regard to valuation? In the following article, we highlight some points on this topic.

valuation
Overviews and comments
How to save on import taxes? or Which is the place where the goods are brought into EU?

How to save on import taxes? or Which is the place where the goods are brought into EU?

Enrika Naujokė
Enrika Naujokė
15 Feb 2023

Reader's question: Goods FOB Singapore are shipped to Tallinn. Rotterdam is the port of transshipment (containers are only moved from one vessel to another). What transportation costs - Singapore-Rotterdam (€ 2,000) or Singapore-Tallinn (€ 3,000) - should be included into the dutiable value of goods upon their importation in Estonia?

taxes and tariffs
Overviews and comments
Customs Consultative Committees: What’s in it for business?

Customs Consultative Committees: What’s in it for business?

Anthony Buckley
Anthony Buckley
19 Feb 2023

Customs Consultative Committees (CCCs) or similar bodies have been set up in EU Member States, the UK and other countries to bring business and customs together to discuss issues, share knowledge and improve the business environment. With what questions or problems can businesses turn to the CCC and what results can be expected? How can this be done? Do businesses actively make use of this tool? We thank Anthony Buckley, Chair of the CCC in Ireland for a number of years during the Brexit preparations, for kindly accepting the invitation to share his experiences and views.

other
Overviews and comments
Collaboration
Customs law in EU: 1 or 27 interpretations?

Customs law in EU: 1 or 27 interpretations?

Boryana Peycheva
Boryana Peycheva
26 Feb 2023

A recently published comparative analysis of Member States' customs authorisation procedures for the entry of products into the EU concludes that the EU is a customs union with common legislation, customs rules, procedures and a single development plan; yet, for a number of objective reasons and considerations, each Member State manages and develops its customs activities at its own pace and according to its own interpretation of the Union Customs Code. We overview some aspects of the analysis.

clearance process
law
Overviews and comments
EU law
Confiad organization: shaping the future of customs brokers’ profession

Confiad organization: shaping the future of customs brokers’ profession

Massimo De Gregorio
Massimo De Gregorio
01 Mar 2023

The Pan-European organisation International Confederation of Customs Brokers and Customs Representatives (Confiad) was founded in 1982 in Italy. It was founded with the purpose to defend and coordinate the professional interest of its members, supporting harmonisation of the legislative, professional and customs regulations at European level. Confiad President Dr Massimo De Gregorio kindly accepted our invitation to share information about the confederation, its main activities and the customs broker’s profession.

clearance process
Overviews and comments
Collaboration
Customs infringements and related penalties in the EU: current situation (2023)

Customs infringements and related penalties in the EU: current situation (2023)

Gediminas Valantiejus
Gediminas Valantiejus
01 Mar 2023

In January 2023, the EU Commission presented the report "On the assessment of customs infringements and penalties in Member States" (COM(2023) 5 final), which provides a summarized overview of the individual system of penalties for infringements of customs law in each EU Member State. This article presents the essential highlights of the Commission‘s report, describes the existing system of infringements of customs law in the EU and its specific features throughout the EU Member States, as well as its specific features in different states. At the same time, the article reviews the perspectives of unifying the system of application of legal responsibility for infringements of customs law and the initiatives currently which are being considered in this area.

compliance
Overviews and comments
EU law
Getting information from Customs in Ukraine: Is it even possible?

Getting information from Customs in Ukraine: Is it even possible?

Ilona Mishchenko
Ilona Mishchenko
05 Mar 2023

“He who owns information owns the world”, said Nathan M. Rothschild two centuries ago. The quote is relevant today particularly when it comes to customs. What if a company needs information from customs authorities? Is it possible to obtain it? Are customs obliged to provide it to a company or an individual? This article deals with the problems faced by Ukrainian companies in obtaining the information they need from the customs authorities. We also take a look at the provisions of the EU Customs Code.

law
Overviews and comments
3 real-life cases: To be or not to be in trade and customs compliance?

3 real-life cases: To be or not to be in trade and customs compliance?

Ilona Mishchenko
Ilona Mishchenko
22 Mar 2023

Why is there so much talk and writing about trade and customs compliance? Why is so much attention being paid to this issue in legislation and judicial practice? What are the consequences of non-compliance with many laws and trade agreements? Read about 3 real-life cases of failing to comply and their consequences.

compliance
Overviews and comments

EU law

EU law news February/March 2023

EU law news February/March 2023

02 Apr 2023

News in week 13: communication on decisions relating to binding tariff information; conclusion of the 71st Session of the Harmonized System Committee; CJEU judgements in two tariff classification cases; updates related to anti-dumping; creation of certain tariff rate quotas under the steel safeguard measure; and more news!

law
EU law

Customs procedures

Inward processing in the UK: how a trivial compliance failure caused them to be taxed millions

Inward processing in the UK: how a trivial compliance failure caused them to be taxed millions

Arne Mielken
Arne Mielken
12 Feb 2023

When you realise that the biggest threat to your business is neither the competition nor international event risk, but a seemingly minor compliance failure, you will have read this case study: According to a recent tribunal judgement, even a seemingly trivial compliance failure, such as an error or discrepancy in the information supplied to HMRC by the importer and their customs agent, may invalidate a customs tax remission for an entire time. We explain it all in-depth and provide valuable pointers on legally handling your customs clearances.

clearance process
Customs procedures
Inward processing in the EU: Does the duty rate always depend on the commodity code for the goods?

Inward processing in the EU: Does the duty rate always depend on the commodity code for the goods?

Sandra Rinnert
Sandra Rinnert
09 Mar 2023

Classification under a tariff subheading is not an end in itself but serves to determine which measures, tariff or other, should be applied to the goods concerned. However, in case of inward processing in the EU, the question has been raised, whether the duty rate of the processed goods at the time of release for free circulation must be applied in certain cases even though the tariff classification, customs value, and origin of the imported goods are the basis for the duty calculation.

classification
taxes and tariffs
Customs procedures
Customs procedures - possibilities not to be missed and worth knowing about

Customs procedures - possibilities not to be missed and worth knowing about

09 Mar 2023

The possibilities and risks of customs procedures were the focus of discussion at the 14th Authors' Meeting. Experts from Belgium, Germany, Lithuania, France, Bulgaria, Israel, Brazil and Argentina shared insights and tips on how to manage customs procedures for the maximum benefit of businesses. A number of issues were raised, particularly in relation to the use of special customs procedures.

compliance
Customs procedures

Country update

Do you swear to tell the truth? Israeli "importer's affidavit" concerning customs valuation

Do you swear to tell the truth? Israeli "importer's affidavit" concerning customs valuation

Omer Wagner
Omer Wagner
26 Mar 2023

The Israeli customs authority has, as I believe, invented an original tool to gain more information about specific goods valuation process, even before officially starting an audit. The tool is called the "importer's affidavit". As far as I know, there is no similar requirement in other jurisdictions.

valuation
Country update
Ukraine customs and trade news: February/March 2023

Ukraine customs and trade news: February/March 2023

Iryna Pavlenko
Iryna Pavlenko
02 Apr 2023

News at a glance: Common transit - list of goods exempted from guarantee; extended suspension of import duties, quotas and trade defence measures for Ukrainian exports to the EU and the UK; pilot project for the transport of goods between Ukraine and the Republic of Moldova using the TIR electronic procedure; and more news!

law
Country update

Classification

Classification of drones: toy or unmanned aircraft?

Classification of drones: toy or unmanned aircraft?

Taichi Kawazoe
Taichi Kawazoe
01 Mar 2023

In 2022, the approach to the classification of unmanned aircraft changed. A separate heading has been introduced for them. Has the classification of these goods been simplified? Have there been fewer problems in determining their code? Let's find out what challenges we may face when classifying some types of drones.

classification
Classification
Advance Rulings on Tariff Classification: What? Why? Where?

Advance Rulings on Tariff Classification: What? Why? Where?

Taichi Kawazoe
Taichi Kawazoe
01 Mar 2023

Since problems of classification of goods are relevant to all countries of the world, the WCO, as the "keeper" of the Harmonised System, has developed a number of tools for its correct and uniform application. These tools include Explanatory Notes, Compendium of Classification Opinions, Classification Decisions, Recommendations Related to the Harmonised System, and Advance Rulings for Classification. Let's look at the latter tool in more detail, including a practical tip on where to find Advance Rulings in different countries.

classification
Classification
The classification of goods – It’s what you don’t know that brings you in trouble

The classification of goods – It’s what you don’t know that brings you in trouble

Christopher Matt
Christopher Matt
26 Mar 2023

This is not a scientific paper claiming to be absolutely complete - it is rather a short examination (born out of the practitioner’s view) of the complexity of classification based on a simple article (with minor variations) and a pointing out of the (often, usually) missing information to classify an article completely (automated?) based on existing (tabular?) data. Let us now consider the complexity of classification in the EU nomenclature using a simple example. Let's take as an example a screw, more precisely a hexagon head screw.

classification
Classification