Customs Compliance & Risk Management

Customs Compliance & Risk Management
Journal for practitioners in Europe
December/January
2022-2023
Issue 18
ISSN 2669-2171
December 2022 / January 2023
David Savage

Editor's message

David Savage

Member of the Editorial Board

Dear Customs Colleagues,

As we look to what the new year might bring, I feel we can expect the whole area of trade to be as turbulent in 2023 as it was in 2022. In recent years, we have become used to living in a globalised and increasingly interconnected world. However, events throughout the world, but not least in Ukraine, have seen a pull back on the process of globalisation as much of the world polarises and falls into distinct trading blocs. As a direct consequence of the Ukrainian conflict, trade has become weaponised as each side uses whatever leverage they can in order to realise their strategic ambitions. Policy makers make the rules and those of us in the Customs world must quickly understand and apply these to keep our businesses and clients on the right side of the law.  At the same time normal life continues. Court rulings are made and the customs law continues to evolve.

In such a dynamic environment, we on the editorial team at the Customs Compliance and Risk Management Journal are proud to provide you with invaluable information to keep you and your businesses up to date with contemporary and important information and insights. In this, the 18th edition of the CCRM journal, we provide comprehensive coverage of developments in EU law in December and January. Jovita Miksiene provides commentary on judicial clarification in respect of the landmark Hamamatsu case. Jugita Staniene reports on a case where an importer thought they were availing of a quota but was unaware it had become exhausted.

The growing importance of Environmental Societal and Governmental issues is reflected with four articles dealing with issues related to both customs and sustainability. Dr Erika Besuspariene and Dr Milita Vienazindiene describe the challenges and opportunities for businesses cooperating with customs. Dr David Savage describes the EU’s proposed Carbon Border Adjustment Mechanism. Karolina Semionovaite sets out the role that banks can play in green transition that we must all make for the health of our society and planet. As we are encouraged to participate in the circular economy Milda Stravinske describes the issues around the customs valuation of reusable waste materials.

In the 'Overviews and comments' section, Michael Lux and Enrika Naujoke provide in depth information about the forthcoming EU single Window Environment for Customs which will change how business interacts with the authorities in the context of international trade in the years ahead. Rolf Finger presents three case studies in the very topical subject of export controls and which should convince you to take your export compliance responsibilities seriously. An update to the 'dark arts of classification' article that originally was published in CCRM Issue 14 is also provided.

Former senior Irish Customs official Anthony Buckley sets out what developments we can expect in the UK and EU respectively during 2023. Ronnie Van Royen provides 2 articles in which he sets out very practical measures we can take to maintain good compliance in our supply chains. 

Iryna Pavlenko and Oleg Kyryievskyi bring us up to date with developments in the field of customs and trade in Ukraine. Omer Wagner recounts a case from Israel where an importer had to pay customs duties twice for the same import. 

On behalf of the editorial team, I hope that you find these articles to be interesting, informative and useful in your daily role. 

Best regards,
Dr David Savage

Read more

Case law

One court case - two lessons: tariff quotas, invalidation of a customs declaration and potential risks

One court case - two lessons: tariff quotas, invalidation of a customs declaration and potential risks

Jurgita Stanienė
Jurgita Stanienė
18 Dec 2022

Tariff quotas mean less or no duty when importing goods. Most tariff quotas are allocated on a first come, first served basis; therefore, the timing of lodging a customs declaration might be crucial. What if, due to issues concerning customs IT systems, you are late and the quota is exhausted? Can you ask customs to invalidate the customs declaration and wait until the new tariff quota is opened?

taxes and tariffs
Case law
Adjustment of the customs value of goods: judicial clarification in the Hamamatsu case

Adjustment of the customs value of goods: judicial clarification in the Hamamatsu case

Jovita Mikšienė
Jovita Mikšienė
04 Jan 2023

The German Federal Tax Court has ruled in a case referred to the Court of Justice of the European Union (CJEU) for clarification. The main question put to the CJEU was: can the transaction value be based on the initial price paid if a fixed adjustment is subsequently applied, calculated by means of a pro rata apportionment mechanism, despite the fact that at the end of the year, in the event of an adjustment, there will be a repayment of import duties or an additional payment? The CJEU has given a striking, albeit not entirely clear, ruling in a case that retrospective adjustments (upward or downward) to transfer pricing are not taken into account in determining the customs value of goods. Here is an overview of the case and the highlights of the German court's decision.

valuation
Case law
Overviews and comments

Overviews and comments

Customs supply chain management in times of uncertainty

Customs supply chain management in times of uncertainty

Ronnie Van Rooyen
Ronnie Van Rooyen
11 Dec 2022

It is clear that global trade has new challenges and John Finley made a good point when he said that [business] maturity is the capacity to endure uncertainty. The future is uncertain, but the key may well be to have a Customs supply chain that consists of a team working together to deliver cost-effective and quality goods as well as a matching service; moreover, in today’s world of global trade there is an urgent need to embrace and use data-driven decisions.

compliance
Overviews and comments
EU Single Window for Customs: new regulation and what lies ahead?

EU Single Window for Customs: new regulation and what lies ahead?

Enrika Naujokė
Enrika Naujokė
11 Dec 2022

New regulation establishes the EU Single Window Environment for Customs (SWE-C) and amends the Union Customs Code (UCC). One of the objectives of SWE-C is to enable the seamless flow of data between the administrations of exporting and importing countries, as well as between customs authorities and economic operators, allowing data entered in the system to be re-used. What does it mean for business? What steps have been taken so far in practice? What lies ahead? What is changing in the UCC?

Tech
Overviews and comments
The European Green Deal: challenges and opportunities for business cooperating with customs

The European Green Deal: challenges and opportunities for business cooperating with customs

Erika Besusparienė
Erika Besusparienė
25 Dec 2022

The European Green Course, presented at the end of 2019, raised new challenges for various business enterprises; however, at the same time, it presented new opportunities. Businesses that cooperate with customs, such as customs brokers, logistics companies, and companies that export or import goods, are no exception.

clearance process
taxes and tariffs
restrictions
sustainability
Overviews and comments
Sustainability
The role of banks in supply chain sustainability transformation

The role of banks in supply chain sustainability transformation

Karolina Semionovaitė
Karolina Semionovaitė
28 Dec 2022

‘As the importance of sustainability grows, so does the need to have a good understanding of our entire supply chain. A company's sustainability is also measured in terms of its entire supply chain, which is why choosing responsible and sustainable suppliers and partners is so important. Consider them as an extension of your company. The ecological footprint of the raw materials, products or services you buy becomes part of your company's ecological footprint.’ - says Karolina Semionovaitė, Sustainability Officer at Swedbank Lithuania, who kindly accepted the invitation to answer questions on the role of banks in the sustainability transformation.

sustainability
Overviews and comments
Sustainability
The “dark art" of classification (challenging a BTI ruling) II

The “dark art" of classification (challenging a BTI ruling) II

David Savage
David Savage
08 Jan 2023

In CCRM Issue 14 we wrote about a case, where a company challenged a BTI ruling. There is news in this case, as the European Commission issued a classification regulation concerning such products. We take this opportunity to update the article, which not only provides information on how to classify ‘a plastic basin with a plastic disposable liner to be used in clinical settings’ (9018, 3922, or 3924), but also provides an overview of the tools, procedures and possible pitfalls of the tariff classification of goods; and discusses what all the stakeholders can learn from this case.

classification
Overviews and comments
What is planned for EU and UK customs in 2023?

What is planned for EU and UK customs in 2023?

Anthony Buckley
Anthony Buckley
15 Jan 2023

What is planned for European customs in 2023? Probably, everyone involved in international trade asks this question. Based on the materials we already know and signals that have been already given, let’s overview what changes and trends in the EU and the UK we can expect for international trade and customs at this stage.

law
Overviews and comments
Customs valuation of raw materials and waste as subject of the circular economy

Customs valuation of raw materials and waste as subject of the circular economy

Milda Stravinskė
Milda Stravinskė
15 Jan 2023

In the EU Customs Valuation Compendium, we can find a Commentary on the customs valuation of waste. The need for regulation of this topic is growing together with an aim to meet the objectives of the circular economy. The Commentary is one of the newest interpretative instruments that has been published, so let's take a look at the clarifications it provides, including a practical case study.

valuation
sustainability
Overviews and comments
Sustainability
A closer look at the Regulation on the EU Single Window Environment for Customs

A closer look at the Regulation on the EU Single Window Environment for Customs

Michael Lux
Michael Lux
15 Jan 2023

In December 2022, Regulation (EU) 2022/2399 establishing the European Union Single Window Environment for Customs was published which amends at the same time two Articles of the UCC. The title of this Regulation is misleading insofar as it suggests to the reader that its aim is to establish an EU Single Window for Customs. So, what is actually the aim of this Regulation? How will our work change in the future? What is the meaning of the UCC amendments introduced by this Regulation? We thank Michael Lux who kindly agreed to answer these and other related questions.

Tech
Overviews and comments
Export control in trade within EU: 3 case studies

Export control in trade within EU: 3 case studies

Rolf Finger
Rolf Finger
22 Jan 2023

Even in these difficult times, it is important for all companies to always conduct their business legally safely. While a few months ago it was still completely 'normal' business within the European Union or third countries, things can be very different at the moment. Possessing an end-use statement makes a lot of sense, even if you are making only a seemingly harmless sale of goods within the European Union. Let's take a look at 3 practical examples.

clearance process
restrictions
Overviews and comments
The European Union Carbon Border Adjustment Mechanism – the launch in 2023

The European Union Carbon Border Adjustment Mechanism – the launch in 2023

David Savage
David Savage
29 Jan 2023

In mid-December 2022, negotiators of the Council and the European Parliament reached an agreement of a provisional and conditional nature on the Carbon Border Adjustment Mechanism (CBAM). The agreement needs to be confirmed by ambassadors of the EU member states, and by the European Parliament, and adopted by both institutions before it is final. However, according to the agreed timetable, the transition period for its implementation is set to come into force in October 2023. What should companies do?

clearance process
taxes and tariffs
restrictions
sustainability
Overviews and comments
Sustainability

EU law

EU law news December 2022/January 2023

EU law news December 2022/January 2023

29 Jan 2023

News in week 4: International Customs Day 2023 and the theme of the year “Nurturing the Next Generation: Promoting a Culture of Knowledge-sharing and Professional Pride in Customs”; REX system in EU trade with Côte d’Ivoire and Madagascar; antidumping updates: expiry reviews, new exporting producer treatment; and more news.

law
EU law

Compliance

Customs compliance programmes tomorrow – focus on ‘prepare’, not ‘repair’

Customs compliance programmes tomorrow – focus on ‘prepare’, not ‘repair’

Ronnie Van Rooyen
Ronnie Van Rooyen
04 Dec 2022

When we come to December and ponder what the new year may bring, it is an ideal opportunity to reflect on the past success and failure of our trade business in order to seek-out how to improve our business performance in the future. Let’s consider compliance reviews that deliver the highest value but require the least effort.

compliance
Compliance
Customs and Trade Compliance: Tips from Authors of Books

Customs and Trade Compliance: Tips from Authors of Books

01 Feb 2023

Books on Customs and Trade Compliance can provide great guidance in planning your future activities (2023 and beyond). Authors of the books and also their readers were exchanging distilled insights and tips in this regard during the 3rd Global Webinar ‘Book on Customs’, which took place on the 15th of December, 2022. We overview some of the thoughts and practical tips shared.

compliance
Compliance

Country update

Customs always rings twice: the risk of paying duties through customs agents

Customs always rings twice: the risk of paying duties through customs agents

Omer Wagner
Omer Wagner
18 Dec 2022

There are various methods how you can pay import duties and taxes. One of them – paying through the agent clearing house bank account. What happens if the agent declares insolvency after receipt of payment – will the importer be required to pay to the State or not? Should the activity of an agent be strictly regulated to prevent situations like this?

taxes and tariffs
Country update
Ukraine customs and trade news: December 2022/January 2023

Ukraine customs and trade news: December 2022/January 2023

Iryna Pavlenko
Iryna Pavlenko
01 Feb 2023

News at a glance: agreement on the "Single Market" with the EU; adoption of the full base of European technical standards; Licensing of goods and quotas for 2023; the CEPA between Ukraine and UAE; and more updates!

law
Country update