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Customs Watch - Edition 9

Updated: Mar 15, 2024

Essential Updates: Navigating Changes in Customs Law for Import/Export Professionals




WHAT THIS IS ALL ABOUT

Customs Watch is a weekly Compliance & Cost-Saving Magazine published in a blog format. It updates the reader on EU, UK and U.S. Customs Policy and Law changes in a granular manner and is available exclusively to members of our community on a paid plan. It updates during the week 4 March to 11 March 2024. Find out why this magazine is all about here.


UPDATES - FOR ACTION


UK: All businesses are to move to CDS NOW.

HMRC has previously confirmed that the National Export System (NES) XML and email service businesses currently used to submit export declarations through our Customs Handling of Import and Export Freight (CHIEF) system are closing. All businesses can now move all their export declarations from CHIEF to the Customs Declarations Service (CDS). This includes declarations for all goods, including excise goods – that move through all routes – including inventory-linked maritime locations. Download Information on the action you need to take. See also below.


EU: Ensure Your Systems Are Ready For ICS 2 (now affecting Road, Rail and Maritime Transport)


Under the third version of the European Union’s Import Control System 2, from 1 March 2024, all goods transported via maritime and inland waterways, roads, and railways to or through the EU, including postal and express deliveries, will be subjected to new safety and security standards. This will also affect exporters in third countries.







All: Prepare the next CBAM Report (if affected)

The following scheduled CBAM report will need to be submitted by 30 April 2024.


UK: Get Ready for SPS Import Control Enforcement at the Border on 30 April 2024

8 weeks to go – Additional food & feed SPS import controls are coming on 30 April

Check what you must do to be compliant and avoid disrupting your business and supply chain. New import controls have been introduced, and further adjustments will occur from 30 April 2024. The guidance explains must what you must do to comply now and when the additional changes are implemented. Detailed Guidance for immediate download here


UK: Share comments on outward processing technical handbook

You may be aware that HMRC is developing the Customs Technical Handbook.

The purpose of the Customs Technical Handbook is to explain HMRC’s interpretation of relevant legislation and why. To provide technical detail behind the specialist task-driven GOV.UK guidance. The Customs Technical Handbook will replace the current Customs Internal Manuals on GOV.UK and will enable new customs topics to be added.

Please return your commented version to us at info@customsmanager.org We would ask that your comments must be received by 16:00 on 20 March 2024. We will then submit a position on behalf of Customs Manager Ltd. You can also review our guide to Outward Processing.


UPDATES - FOR INFO


Outcomes of the JCCC Subgroup Meeting on Northern Ireland

The first JCCC NI Subgroup meeting took place, providing updates on changes to the CDS for movements into Northern Ireland, including the possibility of duties due at the EU rate being calculated and charged without declaring a valid UK Internal Market Scheme (UKIMS) authorisation. Download the document here


HMRC Project: Modernised Authorisations - Information

The JCCC subgroup on "Modernising Authorisations (MA)" met late in February. The slides delivered during this meeting can be found here. MA will improve how customs and excise authorisations are accessed and managed, introducing a single digital platform to streamline processes for new and existing authorisation holders. Authorisations allow businesses to manage their customs obligations or undertake excise activities, to improve the flow of trade at the border and reduce costs for businesses. Find out more and download the information by HMRC.


UK: SI Customs (Preferential Trade Arrangements: Error in Evidence of Origin) Regulations 2024

The Customs (Preferential Trade Arrangements: Error in Evidence of Origin) Regulations 2024 were laid on 21 February 2024. This SI implements obligations of trade agreements that provide preferential customs duty treatment for UK goods exported to another country. Such contracts generally make this preferential duty treatment subject to the provision of evidence that shows that goods originate in the UK. The SI lists the agreements in the Schedule where the obligation to give notice of error would apply. It also provides for administrative matters concerning the timing, form, manner, and content of the required notification to be set out in a public notice. The SI also includes provisions for a penalty to be chargeable in cases where an evidence provider fails to satisfy this requirement, as well as provisions concerning review of and appeals against any such penalty. Download law


EU FORCED LABOUR LAW: Our Briefing


The new EU Act sets a framework for launching an inquiry by competent authorities to determine if suspected products were produced using forced labour.


If a product was produced employing forced labour, it may not be imported to the EU or exported from the EU. Read our briefing








CUSTOMS


EU: Trade Contact Group - Key Takeaways

We participated in the Trade Contact Group Meeting of the European Commission last week, when a wide range of issues was discussed, including UCC reform, CBAM, EU Sanctions against Russia, UCC IT projects and the proof of Union Status. Here are the key results


UK: More guidance on Customs Declarations for Export

More information has been added about how to submit your export declaration, how to make a customs clearance request under EIDR, how to submit your export supplementary declaration and how to submit your export declaration under simplified procedures.

Updated guidance on Gov.uk


To get more insights and support, we have updated our guides, which provide a more granular support. You can read our Guides For


UK Guidance for CDS Release 4.4.0

HMRC has released many more details on the changes being introduced in CDS

Release 4.4.0 on 23rd March 2024.


There are also two collections of documents:

  1. Relates to the changes being made to document codes published in Appendix 5A Union and Appendix 5A National and the removal of the requirement for a document ID to be declared when using some waiver codes beginning with X. Download here

  2. This collection contains draft copies of the areas of the Declaration Completion Instructions that will be updated with the details of the UKIMS authorisation and declarations for goods being moved into NI. See here


HMRC issues clarification on Value 8/6 of the Customs Declaration Service for Exports

Please find attached a clarification on the requirement to complete Value DE 8/6 (Statistical value) when submitting an export declaration on CDS. HMRC are aware that some export declarations are being submitted to the Customs Declaration Service (CDS) with key information missing. Value DE 8/6 (Statistical value) is legally required for the majority of export declarations. Businesses must complete this value unless the declaration completion instructions state that this is not required. Businesses must take care to provide all required information, otherwise declarations will not be classed as legally compliant, and may become liable to penalties. Guidance and resources are available on the CDS guidance pages on GOV.UK. For any further information, speak to your Account Manager of Customer Compliance Manager, or you can contact HMRC directly using an available channel.


More CDS Updates

  • This updated Consolidated Workaround Document (CWD) edition contains closed and removed Known Error Logs (KELs), which are not relevant or required for Declarants using Customs Declaration Service (CDS). There is a new addition, and 2 amendments to ‘ILE Vs CHIEF Known Difference’ tab. The minor changes and removals can be found in the ‘Change Log’ tab.

  • Document codes U084, Y111, Y112 & Y896 have been added.


The UK Border Force customs offices list has been updated.

Find a contact list of Border Force customs offices and their opening times.

Contact with Border Force customs offices must only be about urgent questions about the physical intervention by Border Force of goods at:

  • border locations

  • external temporary storage facilities (ETSF)

Border Force customs offices will only reply to questions where:

  • the question is about goods that are subject to a Border Force examination or check at the specified border location

  • any local service level agreements for clearing goods have passed

Border Force is not responsible for delays caused by other government departments, ports, agents or supply chains and will not reply to these questions. See here


UK Single Trade Window – take part in the BETA testing Phase

HMRC is pleased to let us know that the first private beta testing phase of the Single Trade Window (STW) commenced on the 29 February 2024. We’re now looking to invite more users to take part in testing the STW to help us optimise the functionality and learn from “real world” user experiences. They write: “If you like to be involved, please email STWBCRteam@hmrc.gov.uk and we’d be grateful if you could share this opportunity with your members. This is an opportunity to help shape the future design of the service.   During this testing phase we’ll be learning from customers, allowing us to enhance the service before it is publicly released. As we test, we’ll introduce regular drops of functionality, iterating and developing them with users. Customers will be able to request to join the testing or will be invited, meaning they can start to use the live service and experience the benefits. Their feedback will further inform STW design whilst enabling customers to start using the service to meet their border obligations. This will drive a better user experience and keep delivery on track to meet wider Border Target Operating Model (BTOM) commitments of delivering the first public STW functionality by October 2024. We look forward to hearing from you”. 


FREE TRADE AGREEMENTS

The Kyrgyz Republic and the EU have signed an enhanced partnership agreement to strengthen their cooperation in human rights, democracy, the rule of law, good governance, and parliamentary democracy. Download the document & find out more. EU & Chile have agreed a tariff Quota system. Find out more. EU-New Zealand FTA: Tariff Quota agreed


ANTI-DUMPING DUTY & COUNTERVAILING DUTY

There were new updates on ADD and CVD from the EU, such as electric bicycles from China or imports of ceramic tiles originating in India and Türkiye. For the UK, there is a registration of imports on certain excavators originating from China. We have listed them all on our dedicated page for EU ADD & CDV updates. If you have a specific interest in them, please review them here.


Sources


EU

  • Official Journal of the EU

  • DG TAXUD Website

  • DG TRADE Website

  • Social Media (LinkedIn, Twitter, etc).

  • Information on the National Customs Website of Member States


UK

  • Information on gov.uk 

  • Information on legislation.gov.uk 

  • Department of Business and Trade

  • HMRC

  • DEFRA

  • Social Media (LinkedIn, Twitter, etc).


Other

  • World Trade Organisation (WTO)

  • World Customs Organisation (WCO)

  • United Nations (Sanctions) - UNCTAD

  • Social Media (LinkedIn, Twitter, etc).What if I have a question regarding these updates


4-In-1 Support Services: How to get more support

1. Customs & Global Trade Updates (Fee Subscription): www.customsmanager.info

2. Customs & Global Trade Consultancy & Advice (Free First Call): https://www.customsmanager.org/consultancy

3. Customs & Global Trade Training & Education: https://www.customsmanager.org/education-training

4. Compliant & efficient UK Customs Clearance: https://www.customsmanager.org/customs-agent


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