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Thoughts on the ‘first sale’ rule

The "first sale rule" is a particular method of determination of the customs value of goods, applicable each time that a product is subject to a chain of sales before its definitive import. As the first sale price, obviously, is lower than the price of each subsequent resale of the goods, this method can allow operators to obtain substantial savings, being ad valorem customs duties calculated on a lower taxable basis. To date, the main commercial blocks in the world (e.g. EU, USA and Japan), accept the first sale’rule (in the EU its use is expressly admitted by the art. 147, par. 1, of the Commission Regulation N° 2454/1993). In the latest times however, a new trend has come up, especially in the US and in the EU, aiming at replacing such method with the opposite criterion: i.e. the "last sale" rule appraisal methodology. This is raising worries by importaters, trade Groups and Organizations from all around the world, that now fear the the first sale rule will completely disappear in the future.

To the following link you will find an article published in the World Customs Journal with a comparative analysis on this issue in the US and EU. (read the article)

EC Communication 2010/C 107/12: Instructions for importing or exporting during 2011 controlled substances that deplete the ozone layer

With notice Prot. 7536/RU of 22.02.2010, the Italian Customs Agency recently informed the operators that as of 1th January 2010, the Regulation (EC) No 1005/2009 on the substances that deplete the ozone layer (so-called “ODS”) has entered into force, describing the procedures for the execution of the relative controls.

(continues in Italian)

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New discipline of the customs representation services in Spain

Spain is the first member State to reconfigure within its territory, with the Real Decreto 335/2010 of 19 March 2010, the provision of customs representation services, anticipating what established by the EC Regulation n. 450/2008, of 23 April 2008 (Modernized Customs Code), and clarifying what kind of persons fall within the definition of "Customs representatives" (a figure introduced by the new Customs Code). The purpose of the new law is to harmonize whitin the Country the exercise of such activities, by uniforming the conditions under which the different categories of customs representatives (professionals and not-professionals) can provide their services in Spain.

(continues ...in Italian)

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Radiometric controls extended to the import of semi-finished metal products

Today (7 April 2010) the legislative decree n. 23/2009 enters into force. Such a decree, implementing the Council Directive 2006/117/Euratom (on the supervision and control of shipments of radioactive waste and spent fuel), amends the legislative decree n. 230/1995 introducing an obligation of radiometric surveillance on all semifinished metal products imported from extra-EU countries, for those importing them for industrial or commercial purposes (as well as for those carrying out for industrial and commercial purposes activities of collection, warehousing or merging of scaps or other metallic materials).

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Fundamental documents of the EU as amended by the Lisbon Treaty published in the Official Journal

The Lisbon Treaty has amended the two fundamental documents of the EU, namely:

The consolidated versions of such fundamentals sorces of the Community law are now available in the Official Journal of the European Union, along with their accompanying  protocols and declarations and the Charter of fundamental rights of the European Union, recalled by article  6 of TEU, that gathers in a single text the whole range of civil, political, economic and social rights of European citizens and all persons resident in the EU.

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