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United States: Any Port in a Storm: USTR to Investigate Chinese Shipbuilding Subsidies

By , , and 3 Mins Read

On April 22, 2024, the United States Trade Representative (USTR) announced its initiation of a Section 301 investigation into China’s acts, policies and practices in the maritime, logistics, and shipbuilding sectors. The investigation is in response to a petition filed in March by five US labor unions alleging that China engages in unreasonable or discriminatory practices that provide unfair advantages in the maritime industries. The petition cited specific conduct alleged to target the maritime, logistics,…

UK: Upper Tribunal disagrees with HMRC’s strict application of compliance obligations for the discharge of inward processing relief procedure

By and 4 Mins Read

When importing goods into the UK, traders are required to account for any applicable customs duty and import VAT (collectively “Duties”) on import unless they can utilise a customs special procedure to delay or reduce payment of these amounts. Customs special procedures include the Inward Processing (“IP”) regime which allows traders to suspend the Duties while the imported goods are subject to repair or further manufacturing. Where a trader utilises IP, they are required to…

EU: the EU-Canada Comprehensive Trade Agreement (CETA)’s existence under threat by French Parliament

By and 3 Mins Read

On 21 March 2024, the French Senate (French Parliament’s higher chamber) rejected the bill of the French government proposing to approve the EU-Canada Comprehensive Trade Agreement (CETA). For several years, the European Commission and the Canadian government negotiated a comprehensive free trade agreement, including new types of provisions on investment. It was the first ever ambitious free-trade agreement that the EU concluded with a G7 country (Japan and the UK were concluded later). The CETA…

European Union: Provisional agreement reached on Packaging and Packaging Waste Regulation

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Background On 4 March 2024 the Council of the European Union and the European Parliament reached a provisional political agreement on a new Regulation on Packaging and Packaging Waste (the “Regulation”). The Regulation will replace the current Packaging and Packaging Waste Directive 94/62/EC, aiming to reduce packaging waste and introducing a range of sustainability measures including a requirement for all packaging to be recyclable by 2030. The Regulation is an integral part of the European…

EU: An Introduction to the Carbon Border Adjustment Mechanism (CBAM)

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The transitional phase of the EU Carbon Border Adjustment Mechanism (“CBAM”) is now underway with the deadline for submitting the first CBAM quarterly reports having already passed on 31 January 2024 (although with an extension until the end of February).* The CBAM requires importers to report the embedded greenhouse gas emissions in carbon-intensive goods (initially aluminium, cement, iron and steel, electricity, fertilisers and hydrogen) and, from the commencement of the operational phase in 2026, purchase “CBAM…

United Kingdom: Government to Legislate on Indefinite Extension of CE Mark Recognition and Create New Fast-Track UKCA Process

By and 3 Mins Read

The Department for Business and Trade (“DBT”) announced in a January 2024 Policy Update its intention to propose legislation in Spring 2024 which would indefinitely recognise CE marking for most types of products sold in Great Britain meaning that UKCA marking would never become mandatory for those products.  Note, as a result of the Windsor Framework Agreement, CE marking was to remain mandatory for the Northern Ireland market in any event. The indefinite extension of…

Malaysia: The Establishment of the Johor-Singapore Special Economic Zone

By , , and 3 Mins Read

Joint Commitment of Singapore and Malaysia to establish a Special Economic Zone in Johor The signing of a memorandum of understanding on 11 January 2024 between Singapore and Malaysia reaffirms the longstanding ties and joint commitment by both countries to strengthen economic cooperation and the establishment of the Johor-Singapore Special Economic Zone (JSSEZ) which will be located in the state of Johor. Anticipated Tax, Customs & Trade Benefits While the JSSEZ is still in the…

Indonesia: Transition period of the implementation of Indonesian Ministry of Trade’s new import policy may disrupt supply chain

By 1 Min Read

Indonesian Ministry of Trade (MOT) issued a new MOT Regulation No. 36 of 2023 on Import Policy and Import Arrangement on 11 December 2023 (“MOT Regulation 36”), which will revoke MOT Regulation No. 25 of 2022. MOT Regulation 36 will come into force within 90 days after 11 December, which falls on 10 March 2024. MOT Regulation 36 stipulates that import approval (Persetujuan Impor/PI) applications can only be submitted to the MOT after the regulation…

EU: First CBAM Filings Due 31 January 2024

By , , , and 2 Mins Read

The first filings under the Carbon Border Adjustment Mechanism (CBAM) must be submitted by importers by 31 January 2024. CBAM is the EU’s landmark tool that seeks to put a fair price on the carbon emitted during the production of carbon intensive goods that enter the EU. It requires importers to report ’embedded emissions’ of certain products and of electricity imported into the EU in order to ensure equivalent carbon pricing for imported and EU…