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Monitoring and publication of the Customs Agency's “rulings”, new instructions from the Central Area

With notice N.1/D of January 12,  2009, the Italian Customs Agency provides new indications concerning the monitoring and publication of the “rulings” issued by the relevant Regional Directions of the Agency. Such instructions will complement those already supplied with the Notices N. 25/D of 19 July 2001 and N. 24/D of 10 August 2007.

The tax “ruling” is a written declaration that taxpayers can require to the Tax or Customs Administration to know its opinion on a particular operation they intend to put into effect, in order to obtain a confirmation - before starting such operation - about its "compliance" with the tax legislation in force. This tool aims therefore to eliminate a situation of uncertainty arising from a doubtful application of a tax rule, through an express request submitted to the administration, in which the taxpayer asks a juridical assessment (and/or in the merit) on the correctness of his conduct, solution or interpretation of the above rules.

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“10+2 Rule” effective on January 26, 2009

The U.S. Customs and Border Protection (“CBP”), in a ruling published last November 25, 2008, announced that the new “Importer Security Filing” program (better known as the “10+2 Rule”), should be entered into force on January 26, 2009.

The entry into force of such regulation has now been confirmed. Accordingly, starting from that date, for all goods shipped to the United States via vessel (even just transiting the US territory), American customs will require the transmission, at least 24 hours before the goods are loaded on board of the vessel and in addition to the electronic cargo manifest, of a new pre-arrival information containing 12 basic data elements. The responsibility for transmitting these data will be on the importers (or their customs agents) for 10 data elements, and on the carriers for 2 of them. For further details read: "The new American rule of "10+2", Il Doganalista, n. 10 (July/August 2008).


CMO and amendments to the import duties in the sector of cereals

The Commission Regulation N° 1347/2008, fixing the import duties in the cereals sector applicable from 1 January 2009, was adopted only on last 23 December. After less than two weeks, it is now amended by a new Regulation, the Commission Regulation (EC) N° 3/2009 of 5 January 2009, that will impact on the duty rates applicable to the future import of said products. Accordingly, Annexes I and II to Regulation (EC) No 1347/2008 are replaced from 6 January 2009 by Annexes I and II of the new Regulation (CE) n° 3/2009 (continues... in Italian)



EC Regulation n° 1192/2008 and new comments of the Italian customs administration

With notice N. 45/D of 30 December 2008, the Italian Customs Agency provides further indications on the main innovations introduced by the recently approved Commission Regulation (EC) n° 1192/2008 of 17 November 2008, amending Regulation (EEC) n° 2454/1993 (Implementing Provisions to the Community Customs Code - "DAC"). The Notice N. 45/D highlights in particular 4 essential aspects of the new discipline: (continues... in Italian)


Customs brokers: a power of attorney guide

Studio Desiderio has realized, in collaboration with the Italian Council of Customs Brokers (CNSD), a guide to the power of attorney for customs brokers and forwarding agents. The guide includes a complete reference to laws regulating this contract and a set of directives explaining the correct way in which such document should be drafted, with several forms annexed thereto. The power of attorney guide is available (only in Italian) on the Italian Council of Customs Brokers web site at the following address:

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