New obligations for EU importers: are you prepared?

Last week, the European Commission decided that customs authorities will now register all imports of products under anti-dumping or anti-subsidy investigations, including ongoing investigations where provisional determinations have not yet been made.

Regulations explaining how this will work in practice will be published by the European Commission in due course, but it can already be seen that the new import registration requirements carry several important implications for businesses:

• Automatic registration: Unlike the previous system, where imports were registered only upon a justified request from the EU industry, the new policy mandates automatic registration of all imports under investigation. This change aims to streamline the process and reduce the administrative burden on industries, ensuring a more efficient and transparent system.
• Enhanced data collection: The registration process will enable the European Commission to gather detailed information about the source and quantities of imports, as well as broader market trends. This data is crucial for making informed decisions and implementing effective trade defence measures.
  
• Potential for retroactive duties: One of the most significant aspects of the new measure is the possibility of retroactively collecting anti-dumping and countervailing duties if the legal conditions are met. This means that businesses could face additional financial liabilities for past imports if investigations conclude that unfair trade practices were involved.
  

What it means for companies importing to the EU

For businesses importing goods into the European Union, it is now more important than ever to ensure compliance with a range of regulations and to stay informed about ongoing investigations. Companies also need to monitor ongoing proceedings and analyse whether the European Commission has recently initiated proceedings for similar goods. These proceedings could result in the imposition of additional duties with retroactive effect, making it crucial to stay informed and prepared.

In this regard, the importance of accurate tariff classification, origin determination, and the customs value of imported goods cannot be overstated. These factors will ultimately influence whether additional anti-dumping duties can be charged after the importation of goods.

The European Commission's new measures on import registration represent a significant shift in trade defence strategy. For businesses importing to the EU, staying informed and compliant is crucial to avoid potential financial liabilities and maintain a competitive edge in the market.

In light of the ongoing disputes and the complexities of customs legislation, it is crucial for companies to ensure their compliance strategies are robust and well-informed. PwC Switzerland offers comprehensive customs services to help businesses navigate these challenges effectively. Our services include:

• Customs valuation consulting: We provide expert advice on the correct valuation of goods to ensure compliance with customs regulations. Accurate valuation is essential to avoid penalties and ensure smooth customs clearance.
  
• Preferential origin management and customs duty optimisation: Our team supports businesses in managing preferential origin to benefit from reduced duty rates under various trade agreements. We also help in identifying opportunities for customs duty optimisation to reduce overall import costs.
  
• Customs classification review: We assist in reviewing the customs classification of goods to ensure they are correctly classified according to the Harmonised System (HS) codes. Proper classification is critical for determining applicable duties and compliance with import regulations.