In our blog post “The Hamamatsu TP/customs valuation case comes to a surprising conclusion” we summarized the final judgment of the German Federal Fiscal Court (Bundesfinanzhof; “BFH”) in the “Hamamatsu” case. The BFH had ruled that taxpayers cannot claim refund of import duties in case of lump-sum TP adjustments applied at the end of the fiscal year that result in a subsequent lump-sum decrease in resale prices and thus in an intercompany credit note for…
Retroactive TP-adjustments – whether upwards or downwards – Highest German Court rules that they do not have an impact on the customs value. On 17 May 2022 (published end of September 2022) the German Federal Fiscal Court (or: Bundesfinanzhof. “BFH”) – which is the Highest court for tax related matters in Germany – gave its final judgement in the (in)famous Hamamatsu case. This proceeding is part of the referral to the European Court of Justice…
In an 18 March 2021 statement released by the German Foreign Ministry, the Group of Seven (G7) nations have announced that they remain fully committed to the implementation of sanctions on Russia over the annexation of the Crimean Peninsula. The group’s Foreign Ministers also reaffirmed their unwavering support for and commitment to the independence, sovereignty and territorial integrity of Ukraine, and denounced
On March 2, 2021, the US Government imposed a series of new measures against Russian Government officials and entities in response to the alleged poisoning and subsequent imprisonment of Russian opposition politician Aleksey Navalny. Specifically, the US State Department (State) imposed a number of financial sanctions and export restrictions on Russia; the Office of Foreign Assets Control (OFAC) within the US Treasury Department designated seven Russian officials to the List of Specially Designated Nationals and…
On January 11, 2021, US Customs and Border Protection (CBP) issued CSMS #45453497 – GUIDANCE: Revision of Section 301 Action: Enforcement of U.S. World Trade Organization Rights in Large Civil Aircraft Dispute, which is provided below: The purpose of this message is to provide notice of the United States Trade Representative’s (USTR) determination to revise the list of products subject to additional duties under the Section 301 Large Civil Aircraft (LCA) remedies, imposing additional 15…
On January 6, 2020, the US Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-2020-0042] (an advance copy of which was posted on USTR’s website on December 30, 2020) that USTR has determined to revise the action being taken in the Section 301 investigation, “Enforcement of US WTO Rights in Large Civil Aircraft Dispute,” to mirror the approach taken by the European Union (EU) in exercising its World Trade Organization (WTO)…
On December 30, 2020, the US Trade Representative (USTR) posted on its website an advance copy of a Federal Register notice [Docket No. USTR-2020-0042] that USTR has determined to revise the action being taken in the Section 301 investigation, “Enforcement of US WTO Rights in Large Civil Aircraft Dispute,” to mirror the approach taken by the European Union (EU) in exercising its World Trade Organization (WTO) authorization in the Boeing dispute. In implementing this approach,…
On December 16, 2020, US Department of the Treasury delivered to Congress the semiannual Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States. Treasury determined that both Vietnam and Switzerland are currency manipulators. For each country, Treasury assessed, based on a range of evidence and circumstances, that at least part of its exchange rate management over the four quarters through June 2020, and particularly foreign exchange intervention, was for…
On August 27, 2020, CBP issued CSMS #43784137 – UPDATED GUIDANCE: Modification of Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute. The text is identical to CSMS #43762405 – GUIDANCE: Modification of Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute except that it includes a revised list of affected products (LCA 2020 Table chart 20200825.pdf). Subheadings 0406.90.99 (added) and…
On August 12, 2020, the US Trade Representative (USTR) issued a press release stating that, as required by U.S. law, the USTR is issuing a modification to the list of products subject to WTO-authorized additional duties in the United States’ successful WTO challenge to subsidies for large civil aircraft provided by the European Union, France, Germany, Spain, and the United Kingdom. USTR is removing from the tariff list certain products from Greece and the United…