Tariffs. Customs. Trade Remedies

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Customs/Imports

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On 17 November 2021 the EU published a draft Regulation seeking to introduce new due diligence requirements aimed at tackling deforestation and forest degradation (see press release here). As set out in the proposal, deforestation and forest degradation impacts climate change and the loss of biodiversity and, as a consumer of commodities connected with this issue, the EU contributes to the problem. The proposal forms part of the EU Green Deal initiative and is intended…

Following Brexit, the UK government have announced the introduction of new Freeports that may act as hubs for global trade and investment in the UK. These so-called “Free Zones” are special economic customs zones located within a Freeport in the UK. Exclusive customs, VAT and excise rules apply within the Free Zone, making it easier or more cost efficient for operators to import, store and process imported goods in these zones. The aim of the new…

On 12 April 2021, the General Administration of Customs of China (“GACC”) issued Order No. 248, which sets out new requirements for the registration of qualified foreign food producers that are allowed to export food products to China, effective from 1 January 2022. This Order represents a significant move toward tightening up the regulation of foreign made food products imported into China. As the date of coming into force of the Order is fast approaching,…

Operators may request a binding information decision from the relevant customs authorities in the EU, in order to obtain certainty about the application of customs legislation in respect of the tariff classification or the origin of imported goods across the EU. Currently, EU customs legislation does not facilitate the issuing of a binding information decision in respect the value of imported goods. This can present real challenges for importers where customs authorities across the EU…

On 31 October 2021, the EU and US issued a joint statement announcing that they had reached an agreement to end their dispute over steel and aluminium tariffs. This agreement removes the US “Section 232” tariffs on imports of EU steel and aluminium, imposed during the Trump administration, whilst the EU has agreed to suspend additional duties imposed on US goods in retaliation. Both sides have also agreed to suspend disputes initiated against each other at…

During the latest session of the Technical Committee on Customs Valuation (“TCCV”), the TCCV adopted Advisory Opinion 4.19, a new instrument on royalties and licence fees under Article 8.1(c) of the Customs Valuation Agreement (“CVA”). The new Opinion advises on how a single royalty paid for the right to use or incorporate a patented imported input in the production of a finished product in the country of importation and how the use of a trademark…

On October 8, 2021, the Office of the United States Trade Representative (“USTR”) issued a notice and request for public comments on the potential reinstatement of certain exclusions of tariffs on Chinese imports imposed under USTR’s Section 301 investigation. USTR will examine 549 previously granted exclusions, many of which expired since December 31, 2020, for possible reinstatement. USTR will evaluate each exclusion on a case-by-case basis. The list of exclusions USTR seeks comments on can…