Latest Posts
Search for:
Category

European Union

Category

EU: ECJ Judgment in Case C‑781/23 regarding temporary admission procedures

By and 2 Mins Read

On 12 December 2024, the European Court of Justice (ECJ) delivered a judgment in the case C‑781/23, which has implications for businesses importing goods under temporary admission. The case arose from a request for a preliminary ruling from the Högsta förvaltningsdomstolen (Supreme Administrative Court, Sweden) and involved Malmö Motorrenovering AB and AllmĂ€nna ombudet hos Tullverket. Background of the Case The central issue in this case was the interpretation of Article 251 of the Union Customs Code (UCC).…

EU Forced Labour Regulation adopted and published in the EU Official Journal

By , and 2 Mins Read

On 12 December, the EU Forced Labour Regulation (“Regulation”) was published in the EU Official Journal. The publication is following the EU Council’s approval of the Regulation on 19 November 2024. The text of the Regulation was approved by qualified majority with 25 EU Member States voting in favour and 2 EU Member States abstaining from voting. The Regulation was signed by the President of the European Parliament and the President of the EU Council…

EU: Ruling from the highest court has impact on companies’ ability to relocate manufacturing in response to trade wars

By , , , , , and 4 Mins Read

In a landmark ruling on 21 November 2024, the European Court of Justice (“ECJ”) dismissed an appeal, upholding the General Court of the European Union’s original decision that relocation of production from the US to Thailand with the dominant purpose of avoiding EU retaliatory tariffs on US-origin goods could not be “economically justified” and as such falls foul of the EU’s “anti-circumvention” rules. This decision could have wide-ranging impacts, including a significant impact on companies’…

Inward processing in continuous production processes is complicated if anti-dumping duties are in play

By , and 2 Mins Read

Companies engaged in continuous production processes may face challenges when using the EU inward processing procedure. For background, inward processing allows an EU company to import materials without having to pay import duties and other charges like anti-dumping and anti-subsidy duties, if the product made with these imported materials is exported. First, EU customs law allows companies to use inward processing if the imported non-EU materials used in the production can be identified in the…

Storage and inward processing dilemma when EU anti-dumping measures are in place

By , and 2 Mins Read

Under EU customs law, storing and warehousing EU and non-EU goods is possible if certain conditions are met. However, since 2020, non-EU goods subject to anti-dumping, countervailing, or safeguard measures, can no longer be stored together with EU goods. This is because EU customs law now states that non-EU goods subject to anti-dumping measures do not have the same commercial quality as EU goods, and goods that do not have the same commercial quality cannot…

Customs cases no longer ruled upon by the European Court of Justice – Changes to the jurisdiction of the General Court

By and 3 Mins Read

The rules (Statute) of the Court of Justice of the European Union (CJEU) have recently changed. The changes aim to enhance the EU judicial process and reduce the workload of the CJEU. The number of requests for preliminary rulings have increased significantly over the years. In cases concerning preliminary rulings, EU member state courts ask for the opinion of the CJEU on issues of EU law to help give a judgment in a national case.…

EU starts automatically registering imports of products subject to anti-dumping and anti-subsidy investigations

By , and 2 Mins Read

On 24 September, the European Commission (“Commission”) announced that, as a general policy measure, it would start automatically registering imports of products subject to anti-dumping and anti-subsidy investigations, including in ongoing investigations. Until now, complainants had to request the Commission to register imports based on evidence of stockpiling (i.e., of increased imports during the investigation). On 24 October, the Commission published a several regulations in fact registering imports in all ongoing anti-dumping and anti-subsidy investigations.…

Front Polisario: Court of Justice confirms that EU institutions violated right to self‑determination of Sahrawi people

By , and 3 Mins Read

On 4 October 2024, the Court of Justice of the European Union (CJEU) delivered judgments in Front Polisario (joined cases C‑778/21 P and C-798/21 P and joined cases C‑779/21 P and C-799/21 P). These judgments concern appeals brought by the European Commission and the Council of the EU against judgments of the General Court of the EU annulling EU decisions related to agreements between the EU and Morocco involving the Western Sahara territory. The EU…

EU: Anti-dumping measures to apply in more situations because Commission extends definition of “consigned from” (updated)

By , and 4 Mins Read

This blog concerns an update of our previous blog on the extension of the definition of “consigned from”, to be found here. In 2023, the EU applied anti-dumping or anti-subsidy duties (together “AD/AS duties”) on imports of 141 products from 20 countries. The EU regularly extends these duties to imports of these products from other countries to counter circumvention.As context, to see whether AD/AS duties apply, you need to look at the non-preferential origin of…

EU: The European Commission published the proposal for the Combined Nomenclature for 2025

By , and 2 Mins Read

On 23 September 2024, the European Commission published the proposal to amend the EU Combined Nomenclature (“CN”). We set our below key updates in this proposal: The declaration of goods upon import, export, or when subject to intra-Community trade statistics between EU Member States is based on the CN. This sets the customs duty rate that is applicable as well as determines how the products are handled for statistical purposes. Therefore, the CN is an…