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The Customs Manager - Edition 6-2023 - Week 40: Customs & Global Trade Updates

Updated: Oct 15, 2023

We update you with the latest changes in EU, UK, and US laws every week without inconveniencing you. Our "Customs Manager" provides all the necessary customs and global trade updates, making it simple to access any changes in laws or guidance. Period covered 02.10-08.10.2023



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Duty-Free (and duty reliefs) Updates & Simplifications

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Highlight Reads of the Week


EU: NEW - Investigation on subsidised electric cars from China

The European Commission opened an anti-subsidy investigation into imports of Chinese BEVs. This is what is all about.

 

Poll of the Week

What is your level of CBAM readiness?

  • 100% - I know exactly what I have to do.

  • 80% - I am pretty confident I am aware of my responsabilties

  • 50% - I feel I am roughly ready, but it's complex

  • 20% - I am not ready - presently trying to figure it out


Anti-Dumping Duty Updates

An anti-dumping duty is an extra import tariff imposed on top of the standard customs duty and applicable throughout a customs region. Its purpose is to enable countries to take action against the sale of goods at a price below their usual value, which is determined as the cost for similar goods sold in the exporter's domestic market. Check out our exclusive blog section on Anti-Dumping Duty for the most recent updates, informative articles, videos, and news. https://www.customsmanager.info/all-news/categories/_add


⇒ EU


EU: NEW - Investigation on subsidised electric cars from China

The European Commission opened an anti-subsidy investigation into imports of Chinese BEVs. This is what is all about.


⇒ UK


1) NEW UK: ADD-CVD - How the trade review of the TRA works

The UK's Trade Remedies Authority (TRA) investigates subsidised dumping, and unexpected import increases. How does it affect business? We probe.


2) NEW TRA opens transition review into biodiesel from Argentina

The Trade Remedies Authority has launched a transition review into countervailing measures on biodiesel imported from Argentina. 


3) ADD & CVD: Affected by Dumping? Here is what happens now

When governments impose anti-dumping or countervailing duties on imports, the importer's costs go up and profits are wiped out overnight.


Top Tip: Did you know that we have ADD specialists in our team? They help when you are affected by ADD or CVD. Schedule a call today to discuss ADD & CVD with our experts.
 

Authorised Economic Operator (AEO) Updates

Please also refer to our constantly updated collection of articles, guides on this topic etc:


No updates this week

Top Tip: Schedule a call with us to discuss how we can help you become or maintain AEO in the EU, UK, or US. www.customsmanager.org -> Book Expert Call
 

CBAM - The Carbon Border Adjustment Mechanism Updates


1) CBAM: Essential Documentation for Professionals

We have moved all the key documents to a separate page for ease of access. Promptly access the required documents for professionals in the field of CBAM, including:

  • CBAM - Our business guide

  • CBAM: Factsheets Per Product Group + Importers Checklist

  • CBAM: Transitional Period Law

  • CBAM: Support Guides, Templates, Fact Sheet, FAQs etc.

  • CBAM: Help Preparing Your First Report by 31 January 2024

  • CBAM: National Authorities Published


2) NEW - CBAM: Cement - Full Guidance, Fact Sheets + Explanatory Webinar + E-learning

Download complete guidance, fact sheets, a 1h + explanatory webinar and e-learning specific to the rules for CBAM within the CEMENT sector.


3) NEW - CBAM: Fertilizer - Full Guidance, Fact Sheets + Explanatory Webinar

Download complete guidance, fact sheets and explanatory webinars specific to the rules for CBAM within the FERTILIZER sector.


4) NEW - CBAM: Aluminium - Full Guidance, Fact Sheets + Explanatory Webinar

Download complete guidance, fact sheets and explanatory webinars specific to the rules for CBAM within the ALUMINIUM sector


5) NEW - CBAM: Electricity - Full Guidance, Fact Sheets + Explanatory Webinar

Download complete guidance, fact sheets and explanatory webinars specific to the rules for CBAM within the Electricity sector.

 

Classification Updates (Customs) - HS

When transporting goods across borders, it is crucial to determine the customs tariff positions accurately. This is a fundamental requirement for submitting a correct customs declaration. Applying an incorrect tariff number can result in increased import duties, not just for your company, but also in terms of bans and restrictions, obtaining licences and permits, and compliance with reporting and documentation requirements. Do you and your team feel confident in classifying the tariff of your goods? Is your knowledge up-to-date? Our online collection can help ensure the accurate determination of all customs tariff numbers.See all updates here: https://www.customsmanager.info/all-news/categories/customs-classification


⇒ EU


1) UPDATED - Latest EU Classification Updates

Forthcoming EU Tariff Classification decisions on CN 9102 on Smartwatches and CN 6212 on posture garments + Explanatory notes on Van vehicle – draft CNEN



2) Practical work tools for customs professionals

EU Binding Tariff Information (BTI): Guidance, Application Forms, Links

The EU has published a wide range of BTI guidance. Download the EU Binding Tariff Information (BTI) application form, too. https://www.customsmanager.info/post/eu-binding-tariff-information-bti-guidance-application-forms-links

EU Binding Tariff Information (BTI): EU & National Customs Portals


⇒ US


1) U.S. HTS Customs Classification: CROSS Customs Rulings Online Search System

CROSS is a searchable database of CBP rulings on HTS Customs classification. Access the latest rulings here + a guide on how to use CROSS effectively. CROSS was last updated Oct 6, 2023, 7:45 PM with 1 rulings, bringing the total number of searchable rulings to 213191. The most recent ruling is dated Oct 3, 2023.

 

Customs Updates

You can find all of our customs updates here:


1) NEW - UK: Claim repayment or remission of charges on rejected imports

The UK updated the claim form for repayment or remission of customs charges paid on rejected imports


2) NEW - UK Safety and security requirements on imports and exports

New safety and security requirements apply from 2024 for goods entering and exiting the UK. We updated our guide.


3) UK: Amendment on how to make additional payment where you made an underpayment

A new form to inform HMRC of any voluntary underpayments that may have arisen while importing goods.


4) Do your bit by not purchasing knockoffs: Watches

It is not a victimless crime to steal someone else's intellectual property: Purchasing counterfeit products supports lawbreakers and potentially supports organised crime indirectly. Customs fights it - see what they did for watches.


 

Customs Declarations (+ CDS) - Updates


1) UK: Customs Declarations Service (CDS): Check Out Latest Changes

HSE Certificate of Exemption codes, Additional Information (AI) Statement Codes, new customs authorisation type codes, and Ukraine codes added. Last date of update 08.10.2023. See details and links here


⇒ Practical Support for Customs Professionals

UK: Brokers' Full Collection to Making Correct Customs Declarations

Customs Brokers can file a wide variety of different declarations in the UK. Browse through this page for a consolidated view. https://www.customsmanager.info/post/uk-brokers-full-collection-to-making-correct-customs-declarations

UK: How to correctly lodge a full Import Declaration (Guidance)

NI: How to correctly lodge a full Import Declaration (Guidance)


 

Court Cases & Law Updates

Please also refer to our constantly updated collection of articles, guides on this topic etc:


⇒ UK


No updates this week.


⇒ EU


JUDGMENT OF THE GENERAL COURT (Tenth Chamber) 4 October 2023 (*) (Protective measures – Steel products market – Imports of certain steel products – Implementing Regulation (EU) 2021/1029 – Action for annulment – Interest in bringing proceedings – Locus standi – Admissibility – Prolongation of a safeguard measure – Necessity – Threat of serious injury – Adjustment measures – Interest of the European Union – Manifest error of assessment)


⇒ U.S.


U.S: Newest Customs Decisions of CBP and U.S. Courts

The U.S. Customs and Border Protection, U.S. Court of Appeals for the Federal Circuit, and U.S. Court of International Trade publish a weekly collection of judgements, rulings, rules, notifications, and abstracts about customs and related subjects. Access the latest edition .Vol. 57, October 4, 2023, No. 36 - Customs Bulletin Weekly, Vol. 57, October 4, 2023, No.36 https://www.customsmanager.info/post/us-customs-bulletin-weekly-decisions

 

Due Diligence


1) Red Flags: Real Case Studies (Sanctions Against Russia)

Download a valuable asset on red flags in sanctions compliance on Russia


 

Duty-Free (and Duty Reliefs) & Simplifications


No updates this week.

 

E-Customs Updates


U.S: Cargo Systems Messaging Service

The U.S. Customs and Border Protection’s (CBP’s) Cargo Systems Messaging Service (CSMS). is one of CBP’s methods for communicating to our trade partners news and updates on our automated systems – namely the Automated Commercial Environment (ACE). Access the latest updates here.

 

Export Controls Updates

To make sure you never miss an export control update, bookmark https://www.customsmanager.info/all-news/categories/export-controls


⇒ EU Export Controls

EU: 2023 Update of the EU Control List of Dual-Use Items

What are the changes to the 2023 EU Dual Use List? Check the changes out here.


⇒ U.S Export Controls


The USA claims worldwide validity for its export controls. Violations are also prosecuted by the authorities outside the USA and punished with severe penalties. In addition, an entry on the "US sanctions lists" threatens. What does that mean? For non-US companies that participate in foreign trade, the US (re-) export control is also becoming a major focus with the increasing demands on internal compliance programs. Export controls are among the most powerful economic instruments the USA uses to achieve its foreign and security policy goals. How can you protect yourself from risks and act in accordance with the US Export Control law? Find out all the latest developments and make sure you never miss an update:


1) BIS: Update Conference on Export Controls and Policy

The Bureau of Industry and Security (BIS) will hold the 2023 Update Conference on Export Controls and Policy on Tuesday, November 28 – Thursday, November 30, 2023. It will include keynote speakers, plenary sessions, breakout sessions, and an Exhibit Hall. The theme of this year’s conference is Partnerships in National and Global Security. Customs Manager Ltd will attend and report back to clients. Register here


2) JOINT GUIDANCE ON COUNTERING RUSSIA EVASION

As a follow-up to the establishment of the “Export Enforcement Five” or “E5” partnership to coordinate on export control enforcement issues in June 2023, the

governments of Australia, Canada, New Zealand, the United Kingdom, and the United States

today issued joint guidance to industry and academia identifying high priority items critical to

Russian weapons systems and urging specific actions to prevent diversion of these items to

Russia through third countries.


3) Commerce adds 49 entities to the entity list

The U.S. Bureau of Industry and Security (BIS) recently updated its Entity List by adding 49 new entities with links to Russia's military and defence industry. Out of the 49 entities, 42 are based in the People's Republic of China (PRC). At the same time, the rest are located in Estonia, Finland, Germany, India, Turkey, the United Arab Emirates (UAE), and the United Kingdom. These entities have provided Russian consignees who are connected to the Russian defense sector with integrated circuits of US origin, including those identified in "Tier 1" of the Common High-Priority Items List. Russia heavily relies on these microelectronics for precision guidance systems in its missiles and drones, which it uses against civilian targets in its unlawful war in Ukraine. We keep you updated every week on news from the U.S. BIS in our weekly update:


4) ITAR: Download Compliance Matrix

Use this tool to evaluate and verify the risks related to ITAR and/or other risks. It is also useful for due diligence on export controls in general.


 

Free Trade Agreement Updates

For all updates regarding this topic, please view regularly and bookmark: https://www.customsmanager.info/all-news/categories/free-trade-agreement


1) EU: What future for EU's FTAs - EP Debate

The European Parliament discussed the need for new trade agreements to support sustainable growth, competitiveness, and the EU's strategic autonomy on October 4th 2023. Here is what they said.

 

Northern Ireland Trade Updates

For all updates regarding the Northern Ireland Protocol and the Windsor Framework, please view and bookmark: https://www.customsmanager.info/all-news/categories/northern-ireland


1) Trade with Northern Ireland: RULE EXPLAINER: What applies when and how to prepare

A BIG WEEK for the Northern Ireland Protocol: the new UK Internal Market Scheme kicked in on 30 September 2023 and the Northern Ireland Retail Movement Scheme on 1 October 2023. We look at how trade between Great Britain and Northern Ireland will work.


2) Northern Ireland: Retail Movement Scheme

Since October 1, 2023, it has been easier to move food to Northern Ireland under the new Northern Ireland Retail Movement Scheme. Full guide here.


3) Northern Ireland: Guide to lodging correct Customs Declarations for SPS goods

Learn how to fill out a customs declaration under the Northern Ireland Protocol for commodities that are subject to sanitary and phytosanitary (SPS) inspections.

 

Novice ("Help" I am New to Customs & Global Trade") - the column for newbies

This is the section for customs newbies. Here we provide bite seized information and updates to encourage continuous learning and to wet the appetite for customs and global trade. Come and learn with us. Please also refer to our constantly updated collection of articles, guides on this topic etc:

 

Origin (Rules of)


1) Rules of Origin: RFI Template by Customs to check compliance

Download the template of an audit document, a request for information, by customs authorities to verify that trade preference under Rules of Origin is correctly claimed.


2) EU-UK TCA: Rules of Origin for Electric Vehicles EXPLAINED

EU-UK Rules of Origin in the EU and the UK electric vehicle trade decide if duty rates must be paid. They are set to change, impacting EU-UK Vehicle trade. We look at the rules.

 

Sanctions Updates

The EU, UK and US implement extensive sanctions laws. These rules provide processes for producing lists of individuals and businesses subject to asset freeze targets and financial and investment restrictions. It is imperative for businesses to stay up to date with the latest sanctions rules to avoid accidental non-compliance. Read the collection of all articles we have written on this topic here https://www.customsmanager.info/all-news/categories/sanctions


⇒ EU


1) EU: Lists of Sanctioned Persons & Entities - Latest Updates

Latest updates of sanctions against Individuals, Entities, and Organisations imposed by the EU.


2) EU: Sanctions Against Russia - Essential Collection

The EU has sanctioned Russia. We present a business-ready overview of the sanctions imposed. Constantly updated.


3) EU: Sanctions Against Russia - Sanctions' Packages Explained

The EU has sanctioned Russia by ever-expanding legislation - in so-called "packages". We explain what was introduced under each package.


4) EU: Sanctions Against Russia - Guidance on Circumvention

The EU has provided instructions for EU businesses, advising them to use more caution to prevent Russian sanctions evasion. Download it here.


5) EU Sanctions: What? How? Who?

Our Beginners Guide to the Sanctions Policy of the European Union - we answer all the essential questions in relation to EU Sanctions, policy, laws and what businesses can do.


6) EU Sanctions Map: Our Use-Guide for Effective Company Implementation

The EU Sanctions Map is the collection of all EU sanctions. We explain what it is, why it is useful and how companies can use it best.


7) Red Flags: Real Case Studies (Sanctions Against Russia)

Download a valuable asset on red flags in sanctions compliance on Russia



⇒ UK


1) UK Sanctions: 5 Actions for businesses you can take now

Failure to comply with financial sanctions legislation or to seek to circumvent its provisions is a criminal offence.


2) UK: Sanctions on Russian Steel & Iron

The EU and UK banned Russian iron and steel products. Learn how this issue affects you in this post.


3) UK: Latest Listings of Sanctioned Individuals etc. (All Countries + Topics)

All the latest changes to UK Sanctions Lists against individuals, entities, and organisations. All updates are on one page. Date of last update 010.10.2023


⇒ US


1) U.S.: Sanctions - Latest Updates

Overview of the latest Sanctions issued by the U.S. OFAC - the Office of Foreign Assets Control. Date of latest Updates: 10.10.2023


 

SME

Read the collection of all articles on this topic here https://www.customsmanager.info/all-news/categories/sme


1) EU: Study with tips on how SME's can meet due diligence laws

A new study provides top tips on how SME's can manage due diligence legal requirements after studying the German (Lieferkettengesetz). Summary and download here:


2) The UK trade remedies system – practical guides for small and medium-sized businesses (SMEs)

A handbook for small and medium-sized businesses (SMEs) interested in the UK trade remedies system and how they can work with the Trade Remedies Authority (TRA).

 

Transit Updates

Read the collection of all articles on this topic here https://www.customsmanager.info/all-news/categories/transit


No updates this week to report


 

Valuation (Customs)

Read the collection of all articles on this topic here https://www.customsmanager.info/all-news/categories/valuation


No updates this week to report


 

Veterinary Border & SPS controls updates

Read the collection of all articles here: https://www.customsmanager.info/all-news/categories/food


1) UK: Is your GB business approved to export to the EU? List Updated

Only approved GB businesses may export food products to the EU. Check the updated list: Is your business on it? Date of last update 09.10.2023


2) UK: Get in with the SPS Accredited Trusted Trader Scheme (ATT) pilot! Here is how!

We can help you apply for the UK SPS Accredited Trusted Trader Scheme (ATT) pilot. Here is what you need to know to get started. E-mail info@customsmanager.org


3) UK: Chilled minced meats & preparation allowed from 2024

From 31 January 2024, imports of certain chilled minced meats and chilled meat preparations from the EU, other EEA countries can continue when health certification requirements come into effect. Details here:


4) UK publishes Final Border Operating Model (TOM) - View our article collection

The UK published the final Border Operating Model (TOM). Read our multilingual collection of blog entries to help you understand, prepare and implement. Read the following articles

  • UK: SPS Animal Food Controls from 31 January 2024 (TOM) - Introduction + key timelines

  • UK SPS-Lebensmittelkontrollen ab 31 Januar 2024: Unser Bericht - auf Deutsch

  • Download the final UK Border Target Operating Model (TOM)

  • SPS Controls UK: Risk Categories under the final UK Border Target Operating Model- TOM

  • UK SPS controls: Expert Guidance & Detailed FAQs for Professionals


5) IPAFFS (UK): Leveraging simplified filing

The UK has detailed plans to mass IPAFFS filings simply. Read our IPAFFS How To guide.


6) Risk categories for animal and animal product imports from non-EU countries to Great Britain

Import risk categories under the Border Target Operating Model (TOM) for animals or animal products you’re importing from a non-EU country to Great Britain (England, Scotland and Wales), and the import rules for each category.


7) Find a UK veterinary certification officer

A list of organisations in England, Scotland, and Wales that inspect and certify animals and animal products for export. The list does not include every certifier.


8) Agenda of the 3rd Trade Specialised Committee on Sanitary and Phytosanitary Measures under the EU-UK Trade and Cooperation Agreement

 

World Customs Organisation Updates (WCO)



Are you already planning to implement the next version of the HS system?

Not ready yet? Don't worry, we now have another year to prepare for this important change. The HS Committee of the World Customs Organization (WCO) has just decided to extend the current HS review cycle by one year. The review cycle will run exceptionally over six years instead of the usual five years to make up for time lost due to Covid-19. This means that the new nomenclature (HS 2028) will only come into force on January 1, 2028, instead of the originally planned date of 2027. There is an additional year to finalize existing proposals and submit new ones. We hope to see bolder changes and broader modernizations in the HS system to make it even more relevant to the international trading community.

 

World Customs Organisation Updates (WCO)



 

What if I have a question regarding these updates


Please use the chat function on the website www.customsmanager.org to ask any questions you may have in relation to this update. Your dedicated team of Customs Managers will endeavour to respond in less than 24 hours.

 

Invitation to join the Tuesday Network Online Meeting

Book at www.customsmanager.org/events


 

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


U.S.

  • Customs & Border Protection (CBP)

  • Bureau of Industry and Security (BIS)

  • Department of Commerce

  • Office of Foreign Asset Control (OFAC)

  • International Trade Administration

  • United Stated Internation Trade Commission

  • 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)

  • Social Media (LinkedIn, Twitter, etc).



About Customs Manager’s Customs & Global Trade Intelligence Services

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