Similar content

In the European Union customs law, it is possible for an economic operator to obtain binding tariff or origin information decisions, which provide assurance about the tariff classification or … origin of goods. However, does such a customs decision always guarantee legal security just because national customs has issued a favorable decision to the trader?

Since problems of classification of goods are relevant to all countries of the world, the WCO, as the "keeper" of the Harmonised System, has developed a number of tools for its correct and uniform … application. These tools include Explanatory Notes, Compendium of Classification Opinions, Classification Decisions, Recommendations Related to the Harmonised System, and Advance Rulings for Classification. Let's look at the latter tool in more detail, including a practical tip on where to find Advance Rulings in different countries.

Biding tariff and binding origin information decisions are used in the EU and provide legal certainty to economic operators regarding the correct determination of the tariff code and origin of … their goods. What about the introduction of the same measures with regard to valuation? In the following article, we highlight some points on this topic.

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.

After the publication of a certain communication in the EU Official Journal, Binding Tariff Information (BTI) decisions must be revoked if they no longer correspond to the interpretation of the … customs nomenclature according to the specified international tariff measures. The latest communication was published at the end of October this year. Let's take a look at the current issues that are important for both business and customs. For example, how should household plastic clothes hangers be classified? Or what about digital smart pen classification?

Tariff classification is never simple. This is a complex process that has been always causing complications and misunderstandings. It may seem that persons over the years should have learned … to avoid problems when classifying goods. However, in practice the further it goes, the more complicated it becomes. In this article, we offer to get acquainted with one such example that confirms this statement.

Customs classification rules are numerous, long and technically complex. No wonder both declarants and customs authorities seek guidance as to understanding these rules. This article outlines … the intricacies of hard and soft law aimed at facilitating the application of the classification provisions.

The area of classification is often seen as a dark art and impenetrable to most people. This is of course untrue, but it does require experience and repeated and frequent exposure in order to … operate confidently and competently within this discipline. In March 2021, an article reporting on the deliberations of the Irish Tax Appeals Commission regarding a tariff classification dispute between the Irish Revenue Commissioners and a medical technology company appeared in an Irish daily newspaper. As a customs consultant and a former civil servant with a particular interest in tariff classification, my attention was immediately piqued.

Binding tariff information is an EU customs decision on the tariff classification of goods. It provides importers and exporters with legal certainty as to the correct classification of their … goods and can be sought before importing or exporting goods.

Binding Origin Information (BOI) refers to a written decision issued by a Customs administration that certifies the origin of goods. Also known as an “advance ruling regarding the origin of goods”, … such a decision is usually binding on the applicant and on the Customs authorities for a given amount of time.

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.

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.

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.

Advance rulings relating to the determination of tariff classification and origin of goods are already established in several countries, but few have implemented such a system in the field of … Customs valuation. Such rulings do not determine or confirm the actual Customs value of a particular consignment but indicate the treatment to apply to certain elements of the Customs value. In this article, US Customs and Border Protection (CBP) explains the processes and procedures relating to this powerful trade facilitation tool which benefits both the administration and trade operators.

Pagal Sąjungos muitinės kodekso nuostatas, privalomoji prekių tarifinė informacija yra apibrėžiama kaip raštiškas muitinės sprendimas dėl tarifinio prekių klasifikavimo, kurį valstybių narių … muitinės išduoda ekonominių operacijų vykdytojui, gavusios jo prašymą ir kuriuo įpareigojama taikyti konkretų jame nurodytų prekių rūšių tarifinį klasifikavimą. 2019 m. Lietuvoje įsigaliojo naujos privalomosios prekių tarifinės informacijos (PTI) išdavimo taisyklės, aktualios visiems prekes iš trečiųjų valstybių (ne ES narių) importuojantiems asmenims. Straipsnyje aptariame kokie praktiniai ir teisiniai klausimai pastaruoju metu kyla šioje muitų teisės srityje tiek ES lygmeniu, tiek ir Lietuvos Respublikoje, ypač taikant naująsias PTI išdavimo taisykles.

Since the statutory validity period of a BTI decision is 3 years, it would appear that all these years a trader can be sure of the accuracy of the tariff classification of goods. However, it … should be recalled that the BTI decision may cease to be valid/ be annulled/ be revoked before the end of the set 3-year validity period.

From October 1, 2019, the decision-making process of the Binding Tariff Information (BTI) is changing from paper to electronic. This is important not only for operators planning to submit new … applications, but also for those who already have valid BTI decisions on October 1st. Let's look at how to prepare for this change.

Disputes over Binding Tariff Information (BTI) are not rare in the courts. In May this year, the European Court of Justice (ECJ) delivered two rulings in disputes regarding BTI decisions. In … one case the rulings of ECJ justified the position of customs authorities and in the other - of business.