Articles

News in week 48: Amendment of EU's GSP Regulation; UCC Work Programme 2023 revision; updated UCC Guidance on Special Procedures other than Transit; EU completes ratification of state-of-the-art … trade agreement with New Zealand; Transitional Rules for Ukraine are now in ROSA (Access2Markets); a provisional anti-dumping duty on imports of certain polyethylene terephthalate (PET) originating in China; tariff classification of a multifunctional apparatus in a housing with front control buttons, to be installed in the dashboard of a motor vehicle; and more updates!

The fundamental premise of these notes is that the absence of any harmonization for rules of non-preferential rules of origin is increasingly and very rapidly creating additional discriminatory … opportunities to expand and extend the scope and impact of a wide range of trade policies and trade restrictions. A brief analysis will provide a few examples of this phenomena, including an examination of its probable causes, and possible approaches to mitigate related barriers to international trade. The final notes will examine potential information and data contradictions in the current efforts to control so-called 'negative externalities' by way of 'deep origin' requirements, such as forced labour and carbon measures, at the border.

The right to be heard is well known to practitioners from various customs decisions and the Art. 22(6) of the Union Customs Code: 'Before taking a decision which would adversely affect the applicant, … the customs authorities shall communicate the grounds on which they intend to base their decision to the applicant, who shall be given the opportunity to express his or her point of view'. This fundamental right of the EU legal order is not just a formality - the Court of Justice of the EU (CJEU) recently annulled a regulation because it found that the European Commission had violated the importer's right to be heard during the process of adopting that regulation. It is therefore worthwhile for importers, exporters and other parties involved to take a close look at the topic and be prepared to use the right to their own advantage at EU or national level if needed.

Note from the CCRM editors: This first part of the article provides an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It … also examines the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries with high climate ambitions, and poses the following question: Is the CBAM fair towards developing countries? In the second part, the author will provide an overview of the provisions of the General Agreement on Tariffs and Trade (GATT) which could justify the CBAM, his assessment of the CBAM Regulation, and share a practical list of questions that companies can use in order to find out whether they are affected, and if so, how they can prepare to meet the CBAM requirements, in particular for the transitional period.

‘What are your main tasks as the Head of European Customs at DB Schenker? What are the main challenges and how do you deal with them? How do you measure success? What is ‘cool’ about customs … for you? If you would have all the powers and resources, what would be the very first thing you would change in customs world?’ – We had the opportunity to put these and other questions to Rainer Wilms, who we would like to thank for his answers and insights.

A recently published EU Official Journal contains a communication in accordance with Article 34(7)(a)(iii) of the Union Customs Code on decisions relating to binding information issued by the … customs authorities of the member states concerning the classification of goods in the customs nomenclature. In this article, we provide an overview of some of the international tariff measures listed in the communication.

Editors’ word: 2024 is the year of the wood dragon (Chinese zodiac sign). How do we classify such a dragon? :-) We can start the discussion with wood and its products, among which we find a dragon … tree* (4407 29), and an old legend says that when a dragon dies, it is reborn as a dragon tree... such an interesting fact in the run-up to the New Year. Despite the importance of dragons in 2024, we won't find anything new about them in next year's Combined Nomenclature. However, we invite you to take a look at the other changes - check for any new developments related to your imports or exports. Thank you to Virginija Dordzikienė for the overview.

Where do we draw the line between non-tariff measures that help governments achieve important goals (e.g. sustainability) and non-tariff barriers that unnecessarily restrict trade? How can SMEs … ensure compliance in an increasingly complex regulatory environment (international sanctions, export controls, SPS, CBAM, REACH, forced labour, etc.)? As a distributor, how do you control the supply chain with multiple points of sale and resale, especially in relation to export control? These and other related questions were addressed at the 18th Authors' Meeting in an exchange of views between experts from different countries - the EU, the UK, the US, Brazil and Pakistan.

This article discusses the challenges faced by the Bulgarian automotive industry in the context of EU sanctions against Russia and Belarus. A national customs risk profile has been introduced, … triggered by the export of certain automotive parts of HS Chapters 84 and 85 to Turkey, the United Arab Emirates, Kazakhstan and others. The documents and information required from the consignee of the goods in the third country and the end user of the goods (if different) in order for these goods to be exported are problematic, as it is often very difficult, if not impossible, to obtain this data.

Understanding the terms Double Taxation and Double Taxation Avoidance Agreements (DTAAs) is crucial in the field of international taxation, as they encapsulate complex scenarios that impact cross-border … trade and investments. This paper aims to unravel the conceptual framework of DTAAs, assessing their advantages and disadvantages in the realm of international trade. By presenting case studies, this paper endeavors to delineate how DTAAs influence international trade decisions, offering a pragmatic understanding of their significance.

According to UNCTAD, 90 % of global trade is subject to non-tariff measures (NTMs). NTMs can increase trade costs three times as much as tariffs. NTMs often lack transparency. This increases … uncertainty and unpredictability in global trade. At the same time, NTMs can be beneficial for international trade, as they guarantee quality through certification, provide information about products through labelling, reflect a commitment to socially important issues through labelling and environmental standards, etc. This article briefly describes what non-tariff measures are, what purpose they fulfil and what impact they have.

In the manufacturing industry, there are often complex supply chains where chemical substances cross borders between the UK and the EU several times. In this article we provide an overview of … how REACH works in the EU (including the current revision) and in the UK, the implications for businesses and also address the Windsor Framework for Northern Ireland. Most companies use chemicals, sometimes even without realising it, therefore you need to check your obligations if you handle any chemicals in your industrial or professional activity. You might have some responsibilities under EU REACH or UK REACH or both.

As in other sectors, the logistics sector has benefited from digitization in recent years, allowing a smoother flow of goods across the globe. These advancements have promised, and to some extent … also delivered, efficiency and convenience. However, a more ‘inconvenient truth’ today is that a considerable volume of critical information still circulates in the form of non-standardized documents sent via email. Today, new developments in Artificial Intelligence are proving promising in enabling the data extraction of these unstructured documents and scans to finally fully break the paper chain.

Quality data is the lifeblood of an efficient Customs clearance process. All Customs tasks and responsibilities are performed, at least in part, on the basis of data received from businesses … engaged in trade – for example, data for purposes of revenue collection, risk management, admissibility checks, resource allocation and cooperation with other agencies, as well as the collection of statistical data for macroeconomic decisions.

In a world where international trade is the lifeblood of economies, ensuring the smooth flow of goods across borders while maintaining rigorous controls is a challenging balancing act. Dubai, … one of the world’s busiest trade hubs, is meeting this challenge head-on by investing in advance technology and embracing the power of Artificial Intelligence (AI) to enhance trade facilitation and border control. These efforts are poised not only to bolster Dubai’s position as a global trade and tourist hub, but also to set new standards for Customs operations and services worldwide, which has reflected positively on Dubai Customs client happiness index reaching a score of 98% for smart and electronic services. Some of the projects developed using AI are presented below.

Customs administrations have a full array of tools and technologies at their disposal to test material and substances – both in the field and in their labs. These tools all have benefits and … limitations. This article introduces an innovation which enables field officers to analyse trace materials left on any items and obtain the specific name of a trace level substance. Not only can they confirm or allay their suspicions rapidly, but they can also proceed to physical inspection with all the precautions needed.