Saturday, December 09, 2023
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Centralized clearance: Convention among the member States regarding the re-distribution of the national quota of customs duties

In the Official Journal of the European Union C 92 of 21 April 2009, the Convention among EU Member States concerning the centralized clearing is available. This Convention deals with the allocation of national collection costs retained when traditional own resources are made available to the EU budget. The "centralized clearance" concept, introduced by the new "Modernized" Community Customs Code (art. 106), is the possibility, for economic operators to lodge or make available, upon authorization of customs authorities, a customs declaration at the customs office competent for the place where they are established, included for those goods that are physically presented to other customs offices. Such mechanism allows companies to clear their goods "at distance" (this is an option particularly interesting for multinational companies), dealing with a single customs office for execution of all their formalities (the office competent for the place where their headquarters are located).

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EORI number required to the operators performing tran-snational operations within the Community

As anticipated a few weeks ago by the Italian Customs Agency through a communiqué posted on its web site (see our article), the Commission Regulation (EC) n. 312/2009 of 16 aprile 2009, amending the Regulation (EEC) No 2454/93 (implementing provisions to the Community Customs Code or "CCC-IP") has been published on the Official Journal of the EU L98 of 17 April 2009.

The new Regulation introduces in particular a special database of all those (natural or moral persons) performing trans-national operations at Community level (and that, as such, have regular dealings with customs), nicknamed “EORI” (“Economic Operator Registration and Identification”).

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USA: duty saving opportunity for garments imported on hangers

Historically, hangers supporting imported garments, like other packing materials and packing containers, are classified in the United Stated in the same tariff subheading as accompanying garments (and subject to the same duty rate applied to these ones). However, in recent years, U.S. Customs has acknowledged that certain substantial hangers “clearly suitable for repetitive use” are eligible for a separate lower duty (3%) classification apart from garments (the correspondent tariff subheading is 3923.90.00, "Articles for the conveyance or packing of goods, of plastics").



Serbia decides to implement unilaterally the Interim Agreement on trade and trade-related matters with the EU

With notice 2009/C83/11, published in the Official Journal of the European Union C 83 of 7.4.2009, the European Commission informs Community traders that starting from 30 January 2009, the Serbian authorities have decided to implement unilaterally the trade concessions provided for the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Serbia signed on 29 April 2008. Such Agreement, available at the moment only in the English version on the web site of the DG Enlargement of the European Commission, so far has not yet been implemented by the European Community, awaiting the ratification of the European Parliament, ratification that, in turn, depends on a series of conditions, the most important of which is the collaboration of Belgrade with the judges of the Criminal Tribunal for the former Jugoslavia of the Hague .

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The unlawful application of the “Vero cuoio” logo on shoes imported from third Countries is a crime

The Supreme Court, with decision 2 March 2009, n. 9261, clarifies that those who release for free circulation in Italy shoes bearing the trademark “vera pelle” or “vero cuoio” without holding a trademark license regularly released by the trademark-holder, are responsible under the article 474 of the Italian Criminal Code (for the crime of “introduction in the territory of the State and trade of goods bearing false marks”). Plus, in this case, the administrative remedy introduced by article 4 of the financial law for 2004 (providing the possibility to regularize goods through the removal of the false marks from products irregularly imported), must be considered inapplicable.

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