Saturday, May 21, 2022
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Extinction of the customs debt, a clarification from the European Court of Justice

Under the article 233 of Reg. (EC) n. 2913/1992 (Community Customs Code , "CCC"), the customs debt shall be extinguished, among other things, when, with regard to the goods declared for a customs procedure entailing the obligation to pay duties, goods, after their irregular introduction in the EU customs territory, before their release, are either seized and simultaneously or subsequently confiscated.

The Court of Justice specifies that the extintion of the customs debt takes place only if the the seizure of goods unlawfully introduced into the customs territory of the Community has been executed before the goods have gone beyond the first customs office situated inside that territory. Accordingly, the seizure and confiscation of the goods after that time no longer results in an extinction of the customs debt.


U.S. Customs refund importers retaliatory duties paid under the beef hormone dispute

On 16th June 2009, the U.S. Court of International Trade issued a decision (Slip-Op. 09-58, “Gilda Indus., Inc. v. United States”), which holds that the right of Customs to collect 100% duties on goods of EU origin imposed under the "Beef Hormone War", expired on 29 July 2007.

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U.S. proposal to raise the "Harbor Maintenance Fee"

The recently introduced bill (HR 2355) on "Making Opportunities Via Efficient and More Effective National Transportation", also known as “Movement Act” (2009), that is pending at present before the U.S. Congress, proposes to raise the Harbor Maintenance Fee (HMF) from 0.125% to 0.4375%. 

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List of customs offices empowered to handle formalities for the export of cultural goods published

Article 5 of the Council Regulation (EC) N. 116/2009 of 18 December 2008, approving the codified version of the regulation on export of cultural goods with effect 2 March 2009 (see our article), foresees, in the same way of art. 5 of Council Reg. (EEC) n. 3911/92 of 9 December 1992, now repealed, that member States may restrict the number of customs offices empowered to handle formalities for the export of cultural goods. In doing so, member States must inform the Commission of the competent customs offices. 

With the Communication 2009/C 134/05, the European Commission publishes now the list of the above offices. Concerning Italy, all the customs offices without exceptions are empowered to handle formalities concerning the export of cultural goods.

From the DG TAXUD an e-learning course on the "EORI"

From the next 1st July the new registration system of those performing customs operations at Community level named “EORI” (Economic Operator Registration and Identification), will enter into force. Such a system, (see our article), allows operators to use a single identification code in their dealing with all the EU customs authorities.

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