News

Antidumping on Solar Panels will be abolished

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Today, the European Commission announced that the EU anti-dumping and anti-subsidy measures on solar panels from China will expire at midnight on Monday 3rd September.

Proposal Dual Use Regulation published

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The latest proposal for a reform of the European Dual Use Regulation was officially published on 28 September. The proposal can be found under number COM(2016)616 final.

The most important proposed changes relate to:

  • the definition of Dual Use Items.  That definition is of course important for determining which goods require an export license and which do not.
  • the definition of the  word “Exporter”. That definition is important for establishing who must obtain and export license, and which country is compentent to decide on the issuance of the license.
  • the rules about brokering Dual Use goods and rules for transit of Dual Use items
  • harmonisation of Catch-All provisions in order to achieve a more uniform uniform policy.

For more information about export controls in the Netherlands, fel free to contact us with your inquiry.

Antidumping on Biodiesel – what is the origin?

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Dutch Customs imposes anti-dumping duties on imports of biodiesel of certain origin. In some cases it is unclear what the origin of the biodiesel is. We are involved in the defence in cases where the origin of the biodiesel is disputed, and currently things develop fast. More information about defence in antidumping duties on biodiesel will follow soon.

Solar panels – anticircumvention measures Malaysia and Taiwan

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The European Commissionm initiated, as expected, an investigation on circumvention of antidumping duties payable on the import of photovoltaic modules (solar panels) originating in or consigned from the People’s Republic of China that are consigned from Malaysia or Taiwan. Based on this decision preliminary antidumping duties and countervailing duties are payable on import of solar panels that are consigned from Malaysia or Taiwan whether or not they are declared as originating in Malaysia or Taiwan.  The decision is of 28 May 2015 (LINK)

 

Tariff classification of LED lamps

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ledlampsNew developments in the tariff classification of LED Lamps. On 13 January 2015, the Advocate General to the Dutch High Court published an interesting opinion the tariff classification of a LED Lamps.  According to Dutch Customs, a LED lamp falls under heading 8543 as an electrical apparatus with individual functions, that is not specified elsewhere in chapter 85. The Advocate General first verifies if a LED lamp (bulp) could be classified under heading 8541 for ‘light emitting diodes”. The conclusion is that this heading doesn’t cover LED lamps, and then proceeds to test heading 8543.

For heading 8543 a ED lamp must have an individual function. With reference to the explanatory notes to heading 8497, a product is considered to have an “individual function” when
– a devices can perform a function distinctly from and independently of any other machine or appliance. (..)
– a devices that cannot perform their function, unless they are mounted on another machine or appliance, or are incorporated in a more complex entity , provided that this function :
(i) is distinct from that which is performed by the machine or appliance whereon they are to be mounted, or by the entity wherein they are to be incorporated, and
(ii) does not play an integral and inseparable part in the operation of such machine , appliance or entity.

According to the Advocate General a LED lamp does not match these criteria, as a result of which the LED lamp cannot be considered to have an individual function. More likely it is part of lighting equipment of 8512, or lamp holders of heading 8536 or perhaps LED Lamps have to be classified under the basket heading 8548. The Advocate General therefore recommends the High Court to refer the case back to the lower Courts to establish if the LED Lamps in the dispute are parts, or should be classified in the basket heading. The story continues. For more information on the tariff classification of LED lamps or other LED products, please feel free to contact us.

EU anti-dumping statistics 2014

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Last week, the European Commission published the annual ANTIDUMPING statistic overview 2014. The overview shows that 16 new investigations were launched last year, in addition to 10 expiry reviews and 5 interim reviews. The largest part of the investigations concern iron, steel and other metals. This is a link to the report.  Particularly for the products involved, importers should be very cautious  about the origin of the products that they import. If  you have any questions about origin requirements feel free to call or to send us an  email.

OLAF investigates solar panel factories

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antidumping duties

OLAF – The European Commissions’s  fraud investigations office is currently inspecting solar panel manufacturing facilities (panels of photovoltaic cells) in Malaysia, Taiwan, Japan in order to verify the validity of the origin of  solar panels. The non-preferential origin is important because of the high antidumping duties currently applicable to solar panels of Chinese origin.  More information available.