Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
April/May
2021
Issue 8
ISSN 2669-2171
April / May 2021
Jessica Yang

Editor's message

Jessica Yang

Member of the Editorial Board

Dear Readers, 

Welcome to the 8th edition of the Journal of Customs Compliance and Risk Management (“CCRM”). 

I’d like to take this opportunity to thank our existing readers for supporting CCRM and also our authors who have contributed their time to share knowledge for everyone’s benefit. Knowledge is power, without which customs professionals cannot function to their best ability. We are always keen to welcome new authors to make insightful and original contributions. Authors are invited to authors’ meetings that offer opportunities to network and exchange ideas. In the last meeting, we discussed how authors stay on top of customs updates, you can read a summary of their tips in this edition. The next meeting will take place in June. Please visit the landing page for the authors’ meeting for further information.

In this edition, you will find plenty of articles on the three pillars of customs: classification, origin and valuation. There are four articles on classification covering products from mechanical and electric appliances, solutions for cats against ticks, to office machines. For readers interested in the complexities of the Mexican Tariff, the article on the fifth pair of digits is for you. Origin continues to be a topical issue. There are three articles that analyse the basic principles of origin, specifically: Binding Origin Information, long-term supplier declaration, and the direct transport rule. Existing readers will notice a new section of CCRM, introducing the “A coffee break with…” series. In these articles, we interview a thought leader on a particular topic. Our first guest is Mette Azzam, who was the Senior Technical Officer focusing on origin at the World Customs Organization. The two articles on valuation are excellent reads. One focuses on the recent CJEU case on the DAF transaction price and actual transport costs that exceed it, the other discusses what sets Ukraine apart from other countries when it comes to customs valuation. Other EU updates are covered in our regular monthly EU law articles. 

As you are aware, this journal is aimed at customs professionals. For those in the customs brokerage field, we have a practical article on alternative proof of ending the transit procedure based on recent experience. For in-house customs practitioners, the two articles on managing costs are important reads. One deals with whether making customs declarations in-house is a good idea. The other informs businesses of the opportunity to reduce their post-Brexit customs duty bill in the UK by applying for a tariff suspension in June/July 2021. Speaking of Brexit, we also have an article on the new trading reality in Ireland. For readers considering utilising free zones, we secured an interview with the General Director of the Klaipėda Free Economic Zone Management Company to talk about the potential benefits. 

This journal has been working hard behind the scenes to collaborate with other customs journals following on from our event in April on global customs journals. You can read interviews with two editors in this edition. One with Jeffrey L. Snyder of the Global Trade and Customs Journal (“GTCJ”) and another one with Janine Lampprecht of Customs Digital. 

Whilst CCRM’s focus is predominately on the EU, we are expanding the breadth of our coverage to include more global topics. Such as the article on customs in the international context, as well as the article by Dr. David Widdowson (President, International Network of Customs Universities) on Managing customs risk and compliance: an integrated approach. 

Our authors enjoy engaging with the readers because, after all, a journal is not and should not be a one-way street. So, if you enjoyed reading a particular article or if you would like to share your thoughts and feedback, please leave your comment below the article, or email us at info@lcpa.lt. We look forward to hearing from you. 

Enjoy reading! 

Jessica Yang
Member of the Editorial Board

Read more

Knowledge

Customs news in our countries. How do we stay on top of them?

Customs news in our countries. How do we stay on top of them?

Muitinės praktikų asociacija
Muitinės praktikų asociacija
08 May 2021

To stay compliant means to keep up with regulatory changes. How do we stay on top of сustoms-related legal changes and other news? What are the most preferred communication channels? In this article, we summarise what authors of the CCRM journal shared during the 5th Authors’ Meeting on 22 April 2021: the enormous volume of statutory instruments due to Brexit, the convenience of the U.S. federal register, the importance of support bubbles, useful news alerts from social media, and much more!

compliance
Knowledge
Customs Digital - online magazine for digitization of customs

Customs Digital - online magazine for digitization of customs

Janine Lampprecht
Janine Lampprecht
15 May 2021

Customs Digital is a newly launched magazine for customs practitioners in Europe. The editor Janine Lampprecht says: "We want to explain things simply, pragmatically, and clearly, and to generate interest in the digitization of customs. Our vision - to revolutionize the customs world and make IT easy to understand for customs practitioners". Learn more about the magazine reading the interview with Janine and watching a video record of the talk during the webinar 'Journals on Customs'.

compliance
Knowledge
Global Trade and Customs Journal for practitioners around the world

Global Trade and Customs Journal for practitioners around the world

Jeffrey L. Snyder
Jeffrey L. Snyder
17 May 2021

Global Trade and Customs Journal (GTCJ) is a journal for practitioners around the world. It started 16 years ago. How was the idea born? What are the main topics covered in the GTCJ? What are the most challenging and rewarding aspects of being on the editorial board of the Journal? The general editor Jeffrey L. Snyder kindly agreed to answer these and other interview questions.

compliance
Knowledge

Case law

Office machine or checking instrument?

Office machine or checking instrument?

Evelina Šliogerė
Evelina Šliogerė
25 Mar 2021

Is the banknote validator classified as an office machine or as a measuring or checking instrument? The situation is interesting in that two Binding Tariff Information (hereinafter – BTI) decisions have been taken on identical goods. According to one of them, this product falls in CN heading 8472 (office machines), while according to the second decision, it is CN heading 9031 (measuring or checking instruments). The Commission classified the product under heading 8472 of the CN by means of an Implementing Regulation. Is such classification correct and valid? The Court of Justice of the European Union (hereinafter – CJEU) answered the question and provided clarification.

classification
Case law
Classification of solution for cats against ticks

Classification of solution for cats against ticks

Eglė Pučkuvienė
Eglė Pučkuvienė
01 May 2021

In this article, we review the judgment of the Court of Justice of the European Union (CJEU), in which the goods relevant at this time of year are examined, namely tariff classification of spot-on solution for cats against fleas and ticks. One of the questions raised was whether permission to place a product on the market as a veterinary medicinal product means that the product should be classified as a medicinal product in the Combined Nomenclature.

classification
Case law
CJEU: DAF transaction price and actual transport costs that exceed it

CJEU: DAF transaction price and actual transport costs that exceed it

Monika Bielskienė
Monika Bielskienė
15 May 2021

The Court of Justice of the European Union (CJEU) examined a case regarding the determination of the customs value of imported goods (technical sulfuric acid). The question was raised whether customs authorities were entitled to add transport costs to the transaction price if, under the Incoterms DAF terms agreed between the parties, the transport costs were already included in the transaction price but actually exceeded it.

valuation
Case law

Overviews and comments

Customs law and the international context

Customs law and the international context

Monika Bielskienė
Monika Bielskienė
29 Mar 2021

We, Milda Stravinskė and Monika Bielskienė, met to discuss the broader international context of our day-to-day customs activities. First and foremost, customs law is a 'companion' to international trade, so the international context and cooperation, common rules, agreements, and approaches, are inevitable. No importer or customs authority operates in isolation. The need to reconcile many spheres and interests leads to an abundance of international agreements and requirements. While preparing the courses for customs brokers, we both saw the need to disclose this context to our future colleagues. The easiest way to do this is by sharing personal experiences. So we talked about it.

law
Overviews and comments
Managing the cost of making customs declarations: are software solutions the future?

Managing the cost of making customs declarations: are software solutions the future?

Jessica Yang
Jessica Yang
07 Apr 2021

How much does it cost? When goods cross a border, customs formalities must be completed. Customs brokers help businesses complete these formalities. In the UK, £32.50 per declaration is HMRC’s estimated cost of this service, but in reality, the price tag can be as high as £150 per declaration. For businesses trading between the UK and the EU, this is an additional cost of Brexit. Unlike customs duties, this cost cannot be reduced by using the EU–UK Trade and Cooperation Agreement. Many businesses are considering completing customs declarations in-house with the help of software solutions. But is this the right option for everyone?

clearance process
Tech
Overviews and comments
Mexican tariff code: the fifth pair of digits

Mexican tariff code: the fifth pair of digits

Coral Rocha
Coral Rocha
10 Apr 2021

In the Mexican United States, the tariff code is found in the law called “Ley de los Impuestos Generales de Importación y de Exportación” (“Law of General Import and Export Taxes”). The law had significant modifications recently, which were published on July 1st, 2020 to come into effect on December 28th of the same year.

classification
restrictions
Overviews and comments
A coffee break with… Mette Werdelin Azzam

A coffee break with… Mette Werdelin Azzam

Mette Werdelin Azzam
Mette Werdelin Azzam
10 Apr 2021

This is the first “coffee break” article in our new series featuring thought leaders in the field of customs. Our guest is Mette Werdelin Azzam, a rules of origin geek who spent a decade at the World Customs Organization (WCO) as the Senior Technical Officer focusing on origin. She is now is working as an independent Customs and Trade Agreement Specialist with rules of origin as her main expertise and passion.

origin
compliance
Overviews and comments
A coffee break with...
An introduction to Binding Origin Information

An introduction to Binding Origin Information

Mette Werdelin Azzam
Mette Werdelin Azzam
20 Apr 2021

If an importer or exporter is unsure about the origin of their goods, or simply wants legal certainty, they can apply for a Binding Origin Information decision (BOI).A BOI, also referred to as an advance ruling on origin, is a written decision on the origin of the good, issued by Customs to a company prior to an importation or exportation. The decision can cover preferential or non-preferential origin.

origin
Overviews and comments
Klaipeda FEZ: benefits of free zones for business, activity standards

Klaipeda FEZ: benefits of free zones for business, activity standards

Eimantas Kiudulas
Eimantas Kiudulas
24 Apr 2021

We are talking to Eimantas Kiudulas, the General Director of Klaipėda Free Economic Zone Management Company, about the benefits of free zones for businesses, the differences and similarities of these zones in various countries, membership in international organizations, and the importance of compliance with international standards.

clearance process
Overviews and comments
After Brexit – the new trading reality in Ireland

After Brexit – the new trading reality in Ireland

David Savage
David Savage
27 Apr 2021

It has often been said that a cast-iron rule of international trade is that we tend to trade most with the countries in our immediate vicinity. This is very much true of Ireland’s trading relationship with the United Kingdom. This article looks at some of the main aspects of the new trading environment that Irish companies have to contend with.

clearance process
Overviews and comments
Trade agreements: the direct transport rule

Trade agreements: the direct transport rule

Muitinės praktikų asociacija
Muitinės praktikų asociacija
01 May 2021

One of the conditions of a trade agreement is that goods must travel directly between the signatory countries. How is the direct transport rule enforced in practice? This article provides an overview of the answers based on the experience of local practitioners from Lithuania, the United Kingdom, Switzerland, Ukraine, Mexico, and Vietnam.

origin
Overviews and comments
Customs tariff in simple terms: "mechanical and electric appliances"​ of​ chapters 84 and 85

Customs tariff in simple terms: "mechanical and electric appliances"​ of​ chapters 84 and 85

Thomas Woodtli
Thomas Woodtli
15 May 2021

The mechanical engineering industry has a problem. Or more specifically the customs specialists at the respective companies. The departments of these companies can cooperate so well with each other and provide each other with important information for everyday work, but the customs tariff is and remains a sticking point. Simply because there is little background knowledge about it and also the limited offer of further education often focuses on the customs tariff in general. This is also one of the reasons why ERP master data around foreign trade is often not correctly maintained.

classification
Overviews and comments
Alternative proof of ending transit procedure

Alternative proof of ending transit procedure

Enrika Naujokė
Enrika Naujokė
15 May 2021

In this article, we outline issues that holders of the procedure (who provide a guarantee to cover the amount of potential debt) might face in case the Union transit procedure or common transit procedure is not properly ended in the electronic customs systems. A real case, when the T1 transit procedure was not ended in Germany, and the goods were shipped to Russia, is provided as an example of an issue.

clearance process
Overviews and comments
What's wrong with customs valuation in Ukraine?

What's wrong with customs valuation in Ukraine?

Ilona Mishchenko
Ilona Mishchenko
22 May 2021

Customs valuation of goods imported into Ukraine is one of the most challenging stages of cross-border trade operations. It is relatively easy to determine the customs value of goods; however, it is almost impossible to convince the customs that the value is accurate and based on the actual price. Hence, there are many court appeals against customs decisions to adjust the customs value. The statistics of court proceedings on such cases are not in favour of customs. Thus, in cases involving Ukrainian customs, 80% (2330 out of 2917 considered over 11 months of 2020) of court decisions were made in favour of plaintiffs (importers, declarants, etc.).

valuation
Overviews and comments
A chance for businesses to reduce their post-Brexit customs duty bill – UK tariff suspensions

A chance for businesses to reduce their post-Brexit customs duty bill – UK tariff suspensions

Jessica Yang
Jessica Yang
22 May 2021

Exactly a year following the publication of the UK’s Global Tariff, the UK government announced on 20 May 2021 that the UK will launch its own tariff suspension scheme, tailored to the needs of UK businesses. This means legible goods will benefit from paying no customs duties upon import into the UK. As a UK business paying customs duties currently, this is a window of opportunity to apply for a tariff suspension to reduce your future customs duty bill. What does this mean in practice, and who can apply for this benefit?

taxes and tariffs
Overviews and comments

News

EU law news: April 2021

EU law news: April 2021

01 May 2021

News in week 17: Trade and Cooperation Agreement between the EU and the UK enters into force on 1 May 2021; additional customs duties on imports of certain products originating in the USA; Commission public consultation on the Union Customs Code; read for more news.

law
News
EU law
EU law news: May 2021

EU law news: May 2021

28 May 2021

News in week 21. WCO: two new instruments adopted by the Technical Committee on Customs Valuation concerning royalties and licence fees; note on the cross-border movement of vaccines; the 5th Global AEO Conference. EU: exclusion of imports of products originating in the United Kingdom from tariff quotas; representative prices in the poultrymeat and egg sectors; anti-dumping and anti-subsidy measures on imports of various goods; relief from import duties and VAT exemption granted for goods imported to assist to deal with the migration crisis.

law
News
EU law