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Edition No: 30 -2024
Welcome to this week’s Customs Watch, where we bring you the latest updates and insights into customs, trade, and valuation developments.
This week has seen significant activity in the realm of anti-dumping duties, with the European Commission taking decisive actions to address trade imbalances. On 13 September 2024, the Commission enacted Regulation (EU) 2024/2415, which imposes a definitive anti-dumping duty on imports of certain alkyl phosphate esters from China, alongside the collection of previously imposed provisional duties. This move aims to rectify market distortions caused by unfair trade practices.
Additionally, on 12 September 2024, the Commission made amendments to Implementing Regulation (EU) 2022/191, which concerns anti-dumping duties on specific iron or steel fasteners from China. These amendments follow the acceptance of a request for new exporting producer treatment, reflecting the dynamic nature of trade regulations and the ongoing adjustments required to ensure fair competition.
The General Court has also been active, delivering several judgments on 11 September 2024 regarding anti-dumping duties on birch plywood from Russia. The cases—T 2/22, T 3/22, and T 32/22—address complex issues including export prices, market segmentation, and the assessment of injury factors. These rulings are crucial as they help clarify the application of anti-dumping measures and ensure that the regulatory framework aligns with both market realities and legal standards.
In addition to these updates, the European Commission has initiated a review of exemptions under Regulation (EC) No 88/97 and has made imports from the exempted party subject to registration. This review, alongside the termination of partial interim reviews of anti-subsidy and anti-dumping measures on certain pneumatic tyres from China, highlights the ongoing adjustments in trade policies to address evolving market conditions.
The week also brought updates in the Carbon Border Adjustment Mechanism (CBAM) area, with a revised user manual for declarants and updates to the CBAM Quarterly Report structure. These changes are part of the broader efforts to streamline and enhance the transparency of CBAM processes.
On the free trade agreements front, the Agreement establishing an Association between the European Union and Central America has officially entered into force as of 1 May 2024. The Enhanced Partnership and Cooperation Agreement between the European Union and the Kyrgyz Republic has been signed and is set for provisional application. These agreements signify important strides in strengthening trade relations and economic cooperation.
Finally, we have notable developments in customs valuation, including a high-profile tax dispute involving Nike, which underscores the importance of accurate valuation in international trade. Additionally, updates to transfer pricing guidance and a whistleblower revelation about customs valuation fraud highlight the critical need for vigilance and compliance in valuation practices.
Stay tuned for more detailed analyses and insights into these developments in our full report.
I wish you a great lecture and a perfect week ahead
Arne
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