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Esmee Kooke

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In 2023, the EU applied anti-dumping or anti-subsidy duties (together “AD/AS duties”) on imports of 141 products from 20 countries. The EU regularly extends these duties to imports of these products from other countries to counter circumvention. As context, to see whether AD/AS duties apply, you need to look at the non-preferential origin of imported products. For example, EU AD/AS duties on Indonesian stainless steel apply on stainless steel with non-preferential origin Indonesia, regardless of…

Considering the major (positive) impact the reform of the Dutch Customs Penalty Regime will have on the activities of operators active in the Netherlands, we wanted, as the date of implementation is nearing, draw your attention on the latter. As of 1 July 2024, the new Dutch customs legislation regarding customs penalties will apply. Under the reformed legislation, operators that unintentionally submit an incorrect or incomplete customs declaration or provide incorrect or incomplete information to…

On 12 June 2024, the European Commission proposed provisional countervailing duties for imports into the European Union (“EU”) of new battery electric vehicles designed for the transport of persons (“EVs”) originating from the People’s Republic of China. The pre-disclosure of the European Commission’s proposal is published here. This pre-disclosure follows from the anti-subsidy investigation concerning EVs from the People’s Republic of China. Find our previous blogpost on that investigation here. The products in the scope…

For the third week, we continued our Annual Compliance Conference with key customs developments impacting on businesses today. Specifically, we discussed the reform of the Union Customs Code in the EU, key trending customs developments in EMEA, and different methods of driving significant financial savings in global supply chains. EU customs reform: biggest overhaul since 1968 Tuesday 14 May SPEAKERS: Nicole Looks (Partner, Amsterdam), Thomas Kukanza (Senior Trade Advisor, Brussels), Sylvain Guelton (Senior Associate, Brussels),…

On 23 April 2024, the European Parliament approved the proposal of the EU Forced Labour Regulation (“Regulation”). The text of the Regulation was approved on first reading with 555 votes in favour, 6 against, and 45 abstentions. The officially adopted text can be found here. Under the Regulation, all products (including their components) manufactured using forced labour or placed and made available on the market in the EU, or exported from the EU will be…

On 12 April 2024, the European Commission adopted the Implementing Regulation no. 2024/1071 (“Regulation”) relating to binding valuation information (“BVI”) decisions in the field of customs valuation and introducing an electronic system for binding origin information (“BOI”) and BVI decisions. The Regulation can be found here. The possibility to apply for BVI decisions from relevant EU customs authorities was introduced into EU Customs Law by Commission Delegated Regulation (EU) 2024/1072. See our earlier blog about…

The most significant updates to the Combined Nomenclature (“CN”) relate to – amongst others: Addition of new subheadings to account for changes in requirements related to statistics, commercial policy, and technological and commercial developments and modernizing the current structure of subheadings to better monitor particular items, such as: Addition of a subheading for Plátano de Canarias in Chapter 8; Addition of subheadings for prepared tomatoes in Chapter 20; Addition of subheadings for plastic waste in…

On 21 September 2023, the European Court of Justice (“ECJ”) gave its judgment in a case concerning the non-preferential rules of origin (“ROO”) as laid down in the European Commission’s Union Customs Code Delegated Act (“UCC DA”), which supplements the Union Customs Code (“UCC”). The ECJ concluded in this case that the ‘Change of Tariff Heading’ (“CTH”) ROO laid down in the UCC DA can be deemed invalid in the light of the Treaty of…