Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
February/March
2025
Issue 31
ISSN 2669-2171
February / March 2025
Ilona Mishchenko

Editor's message

Ilona Mishchenko

Member of the Editorial Board

Dear Reader,

Over the past two months, the United States has become a central focus in global economic developments. Its revised trade policy has generated significant international concern. The imposition of new tariffs by the US has affected a wide range of countries, particularly among democratic nations. President of the European Commission has cautioned that "uncertainty will spiral and trigger the rise of further protectionism." There is increasing apprehension that the global, rules-based trading system - painstakingly developed since 1947 - could be significantly undermined in a relatively short period of time.

In response to US tariffs, the EU continues to advocate for a negotiated resolution to the crisis, while also enacting counter-measures. The UK, in what might be considered a “better” position with import tariffs set at 10% (compared to the EU’s 20%), has launched a consultation on the potential introduction of retaliatory tariffs.

Exporters are reminded that tariff rates are determined by the origin of goods. Consequently, for example, goods originating in the EU but exported from the UK will nonetheless remain subject to the 20% tariff. We explore this topic in greater detail in the pages of this issue. We are also broadening our coverage to include the latest developments in customs and trade from the US. This will complement our continued reporting on the EU, the UK and Ukraine.

In this issue, we begin a series of articles on export controls. The first article will be particularly helpful for those who are just starting to familiarise themselves with the topic. We also cover sustainability-related issues and invite you to read an article outlining the position of the European Association of Forwarding, Transport, Logistics, and Customs Services (CLECAT) on the Commission's Omnibus Package - specifically the proposed simplification of the Carbon Border Adjustment Mechanism. Additionally, another article focuses on the forthcoming changes in the regulation of packaging compliance with sustainability requirements.

The case law section features articles on tariff classification and the legality of local restrictions on the provision of customs brokerage services. You may also find it useful to explore country-specific insights on various topics from Israel, Brazil, Colombia and other countries.

Lastly, we have also addressed the topics of overregulation and artificial intelligence.

I hope you enjoy this issue!

Dr Ilona Mishchenko
Member of the Editorial Board

Read more

Case law

Classification of electric scooters for seniors - 10% or 0% duty?

Classification of electric scooters for seniors - 10% or 0% duty?

Ingrida Sakalienė
Ingrida Sakalienė
16 Feb 2025

A recent case before the Court of Justice of the European Union raises the issue of the classification of an electric four-wheel vehicle for seniors traveling at speeds of up to 16 km per hour. The classification as ‘other vehicles similar to golf carts’ and ‘wheelchairs/other vehicles designed for disabled persons’ was decided with a duty of 10% or 0%, respectively. Let us review the main highlights determining the classification of such goods.

classification
Case law
Local rules vs EU freedoms: Italian case law on customs representatives

Local rules vs EU freedoms: Italian case law on customs representatives

Ilona Mishchenko
Ilona Mishchenko
06 Apr 2025

Rules on customs representation, as part of customs law, are an exceptional competence of the EU. However, the EU lays down general provisions and leaves considerable discretion to the Member States in this area. This article examines a recent case in which the EU Court of Justice assessed whether Italian legislation governing the activities of customs agents was compatible with EU law.

law
Case law

Country update

Something fishy here: which is the competent jurisdiction concerning damaged imported goods?

Something fishy here: which is the competent jurisdiction concerning damaged imported goods?

Omer Wagner
Omer Wagner
03 Mar 2025

A food consignment arrived in Israel and was found to be damaged due to a lack of refrigeration. The importer uses the foreign forwarder who transported from abroad to Israel. Will the court uphold the claim or will it decide that the claim should be adjudicated outside Israel? This will be discussed in this review in light of the court's recent decision.

law
Country update

News update

EU customs and trade news: February 2025

EU customs and trade news: February 2025

23 Feb 2025

News in week 8: Q&A on the US reciprocal tariff policy; definitive anti-dumping duty on imports of melamine; imports of certain products made subject to registration; anti-dumping proceeding concerning imports of continuous filament glass fibre products; EU-Tunisia free trade agreement - changes regarding the origin of goods; extension of certain restrictive measures against Russia; amendments concerning imports of wine originating in New Zealand; and more updates.

law
News update
UK customs and law news: February 2025

UK customs and law news: February 2025

01 Mar 2025

News in brief: Customs Technical Handbooks published; trade negotiations with India relaunched; Alcohol Duty Stamp Scheme to end on 1 May 2025; special procedure authorisation by declaration enabled; information and resources compiled to help businesses prepare for the changes to the Windsor Framework; Mandatory Logistics Envelope available from 1 April 2025; UK Tariff updated; DBT national survey of registered businesses' export behaviour published.

law
News update
EU customs and trade news: March 2025

EU customs and trade news: March 2025

29 Mar 2025

News in week 13: ICS2 go-live date for rail and road carriers - 1 April 2025; USA is imposing 25% tariff on imported cars and light trucks; provisional anti-dumping duty on imports of glyoxylic acid of up to 280.3 %; imports of high-pressure seamless steel cylinders subject to registration; Commission launches helpdesk to support EU SMEs to comply with sanctions; consolidated FAQs on the implementation of Council Regulations No 833/2014 and 268/2014; FAQs on LNG transshipments - Article 3r of Council Regulation 833/2014; Belarus - EU restrictive measures on 25 individuals and 7 entities; amendments to the Explanatory Notes to the EU Combined Nomenclature; Commission strengthens protection for EU steel industry; guidance on the revised PEM rules of origin; CJEU on error made by competent authorities issuing movement certificate EUR.1; conditions and procedures related to the status of authorised CBAM declarant; and more updates.

law
News update
US customs and trade news: March 2025

US customs and trade news: March 2025

07 Apr 2025

News in brief: summary (harmonised tariff threat schedule) of recent tariff-related developments in the US; tariffs on steel and aluminium have come into force; new tariffs on imports of automobiles and certain automotive parts; amendment to tariffs on Canadian and Mexican goods; tariffs on countries importing Venezuelan oil; amendment to tariffs addressing the synthetic opioid supply chain in China; investigation into imports of timber, lumber and their derivative products; 2025 Trade Policy Agenda introduced.

law
News update
Ukraine customs and trade news: February / March 2025

Ukraine customs and trade news: February / March 2025

01 Apr 2025

News in brief: changes to customs clearance of humanitarian aid; outward processing updates on precious metals and precious metal waste; new AI developments for risk management and customs clearance; increased excise duties on tobacco products; AEO updates.

law
News update
UK customs and trade news: March 2025

UK customs and trade news: March 2025

01 Apr 2025

News in brief: UK TRA readies itself for more new remedies; anti-dumping measure on chamois leather to be repealed; registration of imports of tin mill products; assimilated general export authorisations; notices to exporters on export controls; documents on additional duties for Russia and Belarus updated; review of duty suspensions and autonomous tariff quotas; and others.

law
News update

Topic spotlight

AEO trends and challenges: non-EU perspective

AEO trends and challenges: non-EU perspective

09 Feb 2025

In this article, we continue to share the key insights from the 25th Authors' Meeting, which took place on 9 January 2025 and was dedicated to AEO trends and challenges in different countries. The first part of the overview on the EU AEO/T&C framework was presented in the article "Trusted traders (e.g. AEO): new trends and developments in the EU". This article reflects the key points highlighted by the meeting participants from several non-EU countries.

other
Topic spotlight
Insights into the data in the customs declaration

Insights into the data in the customs declaration

01 Apr 2025

At the 26th Authors’ Meeting, experts from different countries discussed key challenges in customs declaration processes. They explored issues with digital systems, regulations, emphasising the fragmented customs landscape in the EU. Some national customs practices were highlighted for creating inconsistencies in trade and customs throughout the EU. Speakers also addressed the growing conflict between making trade easier and meeting stricter EU compliance rules that require more detailed data. See the article below for a summary of the discussion.

clearance process
Topic spotlight
New EU requirements for packaging and the import of packaged products - coming soon

New EU requirements for packaging and the import of packaged products - coming soon

Greta Kulikauske
Greta Kulikauske
01 Mar 2025

In addition to the numerous sustainability-related areas assigned to customs (CBAM, EUDR, forced labor prohibition regulation, CITES, etc.), customs will soon be assigned another task – the control of packaging compliance with sustainability requirements. Accordingly, importers themselves will have to be aware of one more regulation. Let's review the new regulation on packaging and packaging waste and the requirements set out in it.

sustainability
Topic spotlight
New US tariffs and origin of goods

New US tariffs and origin of goods

Mark Rowbotham
Mark Rowbotham
06 Apr 2025

All products originating in the UK are now subject to a baseline US tariff of 10%. Compare this with the tariffs levied against the EU (20%) and China (54%) and it can be seen that the origin of products exported to the US is crucial. The condition is that UK exporters must ensure that the products they export to the US originate in the UK (if they originate in the EU, even though they are exported from the UK, they will be subject to a 20% import duty in the US). We provide a brief overview of the new US tariffs and what ‘origin’ means in this context.

taxes and tariffs
Topic spotlight

Perspective

Discussion of the most important AI risks

Discussion of the most important AI risks

Ramūnas Šablinskas
Ramūnas Šablinskas
19 Feb 2025

The EU Artificial Intelligence (AI) Act was created to manage the most important risks associated with the development and adaptation of this technology. Let’s take a look at the most discussed risks associated with AI, as identified by various internet commentators, experts and members of the public.

Tech
Perspective
Overregulation: how do we cope with it?

Overregulation: how do we cope with it?

Vincent  van Dijk
Vincent van Dijk
05 Mar 2025

The recent cover of the weekly The Economist issue had a picture of red tape and the title “The revolt against regulation”. Some statistics from the articles on the topic: in the US, federal regulations now exceed 180,000 pages, up from 20,000 in the early 1960s; in the past five years the European Parliament has enacted more than twice as many laws as America; red tape costs the French economy close to 4% of GDP every year. In this interview with Vincent van Dijk, Senior Advisor on Norm engineering and rule-based solutions, we invite consideration of ‘norm engineering’ as one of potential solutions of the growing problem, which we, customs practitioners, are also witnessing in our specific field.

law
Perspective
CBAM regulation simplifications: the liability burden

CBAM regulation simplifications: the liability burden

CLECAT
CLECAT
18 Mar 2025

Editor's note. The European Commission has recognised the problem of unnecessary red tape and has announced a far-reaching simplification of certain regulations. The CBAM Regulation is one of them. Which CBAM simplifications are planned and which still need to be considered? CLECAT, the European Association for Forwarding, Transport, Logistics and Customs Services, has expressed its views on this subject in a document sent to the European Parliament's Committee on the Environment, Climate and Food Safety and to the Members of the Council, which we invite you to read.

law
sustainability
Perspective

Explainer

Export control – first steps

Export control – first steps

Sabine van Osenbrüggen
Sabine van Osenbrüggen
11 Mar 2025

Due to the many crises in the world and the associated need for security, the demand for export control is increasing once again. Furthermore, we see the states’ efforts in the EU increasingly investing in their defence. As a result, more and more companies are becoming suppliers to the defence industry. Therefore, we are starting our series on export control today, as already announced in our article “Don't let this happen to you! US export control law and re-export from the EU” from 14 January, 2025. In our first article, we address the basic questions: What does export control mean? Why is export control important for countries? What is controlled and according to which criteria?

restrictions
Explainer