The European Court of Justice on June 20 issued a ruling clarifying EU customs valuation using the transaction value of similar merchandise and deductive value methods. In its decision, the ECJ laid out the main criteria for deciding what constitutes similar merchandise, and found strict limitations apply to the time frame and allowable deductions for deductive value.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The Mexican Senate voted to ratify the U.S.-Mexico-Canada Agreement on June 19, positioning Mexico to become first of the three countries to approve the renegotiated NAFTA. There have been some initial movements toward consideration of the deal by the U.S. Congress, and Canada is seen as likely following the U.S.'s lead before its legislature gets fully engaged (see 1906110040).
Mexico will be ready with a list of retaliatory tariffs should the U.S. end up imposing escalating tariffs announced by President Donald Trump at the end of May, Secretary of Economy Graciela Marquez Colin said in remarks to the Mexican Senate June 14. Work continues on the specifics of the list during the 45-day period Mexico has to reduce migration under the deal before the U.S. says it will again consider imposing tariffs (see 1906120039).
As the European Union continues its “extensive preparations” for a no-deal withdrawal of the United Kingdom on Nov. 1, stakeholders should take advantage of the extra time granted by recent Brexit delays to ensure they have “taken all necessary measures” to prepare, the European Commission said in a June 12 press release.
The Commerce Department's Bureau of Industry and Security said the Regulations and Procedures Technical Advisory Committee (RPTAC) scheduled a partially open meeting June 4 in Washington. The public session will include an export enforcement update, regulations update, working group reports, an Automated Export System (AES) update, and presentations of papers or comments by the public. The open session will be accessible via teleconference to 25 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by May 29 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for the public session.
The European Union plans to temporarily end collection of antidumping and countervailing duties for some products that are subject to steel safeguards, it said in a notice in the April 26 Official Journal. For goods that are subject to AD/CV duties at a level below the 25 percent safeguard on steel recently established by the EU, the EU “considers appropriate that no anti-dumping or countervailing duty should be payable during the relevant period,” the notice said.
The European Union is postponing its deadline for making all customs processes in the EU electronic, it said in a notice published in the April 25 Official Journal. Previously set for Dec. 31, 2020, under the Union Customs Code, the new deadlines for creating electronic systems for many EU customs processes, including customs declarations, entry summaries and export filings, will now fall in 2022 or 2025, depending on the process.
SAN ANTONIO -- CBP is combing through its export processes to streamline, automate and harmonize agency review, exams and penalties across the ports, according to Jim Swanson, director of CBP’s cargo and security controls division. Speaking at the National Customs Brokers & Forwarders Association of America's annual conference April 17, Swanson said CBP has “incrementally moved the ball” on exports in the past year, but is “on the verge” with “a few things we’re working on diligently.”
SAN ANTONIO -- The Commerce Department's Bureau of Industry and Security and the Census Bureau hope to issue their long-awaited proposed regulations on routed export transactions in late spring or early summer, said Sharron Cook, senior policy export analyst at BIS, at the National Customs Brokers & Forwarders Association of America's annual conference April 17. When they come out, Cook thinks, export forwarders will see two of their bigger headaches with the current regulations on track for resolution.
SAN ANTONIO -- Non-vessel operators (NVOs) should be working with their customers to minimize any surprises coming from the implementation of revised International Maritime Organization sulfur emissions standards in 2020, said transportation industry experts during a panel discussion at the National Customs Brokers & Forwarders Association of America's annual conference on April 16.