Non-preferential origin of solar modules imported in EU (Is duty 0% or 67,9%?)

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"...the recent use of origin in imposing punitive tariffs and taking action against countries has elevated non-preferential origin to new heights" Rules of Origin: Highlights of the second WCO Conference, WCO Secretariat

Watch the story and learn how the country of non-preferential origin of a product was determined according to EU law. The story is based on real facts taken from the judgement of the Court of Justice of the European Union (CJEU) in the case C-209/20. The judgement is available in the Resources.

The product is solar modules. Solar cells are manufactured in China. Modules are assembled in India and consigned to the EU from there. Depending on the country of non-preferential origin (India or China) of the solar modules the EU importer has to pay 0% or 67,9 % duty! Which is the country of origin, i.e. which rate applies?

Resources are available after purchase.

Comments ()

en
Origin of goods – the trends
07-04-2024

The language of sustainable development legislation and the language of the legislation of origin are completely different; it is necessary to find a lingua franca for these areas to better understand and implement the requirements. On the other hand, harmonisation of rules of origin at a global level is essential to address the challenges faced by importers - the need for harmonisation of these rules has never been greater. These and many other views were exchanged at the 20th Authors' Meeting. We invite you to read an overview.

origin
en
Origin of goods – the trends
07-04-2024

The language of sustainable development legislation and the language of the legislation of origin are completely different; it is necessary to find a lingua franca for these areas to better understand and implement the requirements. On the other hand, harmonisation of rules of origin at a global level is essential to address the challenges faced by importers - the need for harmonisation of these rules has never been greater. These and many other views were exchanged at the 20th Authors' Meeting. We invite you to read an overview.

origin
en
EU FTAs: Is EU fully utilising benefits?
07-04-2024

The EU has concluded more than 40 free trade agreements (FTAs) with around 80 countries, which supposedly bring significant benefits for trade with partner countries. But is this really the case, i.e. is the EU fully utilising these benefits? This article attempts to assess the application of EU FTAs by analysing the flow of goods in and out of the main trading partners. The author looks at how import and export volumes and geography depend on the existence of preferential agreements.

Assoc Prof Dr Momchil Antov

origin
en
EU FTAs: Is EU fully utilising benefits?
07-04-2024

The EU has concluded more than 40 free trade agreements (FTAs) with around 80 countries, which supposedly bring significant benefits for trade with partner countries. But is this really the case, i.e. is the EU fully utilising these benefits? This article attempts to assess the application of EU FTAs by analysing the flow of goods in and out of the main trading partners. The author looks at how import and export volumes and geography depend on the existence of preferential agreements.

Assoc Prof Dr Momchil Antov

origin
en
AfCFTA: Towards harmonisation of rules of origin
27-03-2024

The African Continental Free Trade Area (AfCFTA), approved in 2012 by the African Union’s (AU) 18th Ordinary Session of Assembly of Heads of State and Government, is one of the Flagship Projects of the AU’s Agenda 2063. The Action Plan for Boosting intra-African trade has a strong focus on accelerating intra-African trade and boosting Africa’s trading position in the global market, in particular through implementation of trade facilitation standards and tools. We provide a brief overview of AfCFTA rules of origin.

Mette Werdelin Azzam

origin
en
AfCFTA: Towards harmonisation of rules of origin
27-03-2024

The African Continental Free Trade Area (AfCFTA), approved in 2012 by the African Union’s (AU) 18th Ordinary Session of Assembly of Heads of State and Government, is one of the Flagship Projects of the AU’s Agenda 2063. The Action Plan for Boosting intra-African trade has a strong focus on accelerating intra-African trade and boosting Africa’s trading position in the global market, in particular through implementation of trade facilitation standards and tools. We provide a brief overview of AfCFTA rules of origin.

Mette Werdelin Azzam

origin
en, lt
Two lessons from case law on the origin of goods
20-03-2024

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

Omer Wagner

origin
en, lt
Two lessons from case law on the origin of goods
20-03-2024

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

Omer Wagner

origin
en
Some thoughts on origin
22min
image

Anthony Buckley

‎ €19.99
origin
en
Some thoughts on origin
22min
image

Anthony Buckley

‎ €19.99
Type: Web/Seminar recording
origin
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