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Trade Policy

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The UK’s trade remedies body, the Trade Remedies Authority (“TRA”) announced on 22 February that it has begun a reconsideration of its recommendation in Case AD0012, concerning imports of certain aluminium extrusions originating in China (here). Notably, this was the TRA’s first anti-dumping investigation in response to an application from UK industry. A reconsideration application is a request for the TRA to review its findings in a concluded investigation. The applicant, a UK producer in Case AD0012, alleges that the TRA erred in its…

In line with what we previously reported[1] regarding the expanded obligation to maintain electronic registers, a series of new rules were rolled out on 13 February 2023 which will make the taxation of alcohol, tobacco and energy products fully paperless across the EU. They are part of a wider expansion of the common excise duty provisions in the EU. The aim of this new standardised electronic system is to alleviate some of the rigorous procedures…

On 6 February 2023, the European Council published Council Regulation (EU) 2023/246 on the exchange of information in electronic registers in the Official Journal of the European Union. The (recast) regulation extends the obligation to maintain electronic registers relating to economic operators who move excise goods between Member States for commercial purposes from 13 February 2023. Prior to the amendment, Member States were obligated to maintain electronic registers of authorisations of economic operators and warehouses…

A remarkable recent trend in trade policy is the pivot of countries towards issue-specific trade agreements. On the heels of standalone regional or bilateral digital trade agreements, countries are now exploring raw material access as the new frontier for bilateral trade cooperation – often in the context of the green transition. Recently, the EU and South Korea both concluded agreements to ensure better market access to some critical raw materials for their companies: On 9…

Requests for preliminary rulings made by courts of EU Member States have always been dealt with by the European Court of Justice (CJEU). National courts refer requests for preliminary rulings in cases where they require clarity on the interpretation of EU law. As such they play an important role in shaping EU customs law. Over the years the CJEU handled numerous customs cases on tariff classification, customs valuation, origin and procedural customs law. Due to…

The Argentina Customs Director announced in a November press conference that Customs will continue focusing on customs valuations and transfer pricing issues. The asphyxiating foreign exchange regulations currently in place in Argentina are seen by Customs as an incentive for importers to artificially increase the import value of goods (since this will result in the transferring abroad of more foreign currency; a practice known as “over-invoicing”) as well as for exporters to artificially reduce the…