{"title":"GTCJ Written Interview: Cecilia Malmström, Non-resident Senior Fellow at Peterson Institute for International Economics (PIIE)","authors":"Anna Luyten","doi":"10.54648/gtcj2022034","DOIUrl":"https://doi.org/10.54648/gtcj2022034","url":null,"abstract":"","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47197991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The inward processing regime (‘IPR’) allows EU companies to temporarily bring goods into the EU customs territory for processing without releasing them for free circulation on the EU market – and thus without incurring anti-dumping duties. This special situation raises questions on how imports made under the IPR are to be treated in anti-dumping investigations. A survey of the European Commission’s practice on the treatment of imports made under the IPR reveals an inconsistent approach and a lack of reasoning that could explain the sometimes diametrically opposed conclusions drawn from seemingly similar fact patterns. European Union, European Commission, trade defense, anti-dumping, inward processing, inward processing regime, EU anti-dumping law
{"title":"Inward Processing in EU Anti-Dumping Proceedings","authors":"M. Kamau, Bregt Natens, A. Willems","doi":"10.54648/gtcj2022031","DOIUrl":"https://doi.org/10.54648/gtcj2022031","url":null,"abstract":"The inward processing regime (‘IPR’) allows EU companies to temporarily bring goods into the EU customs territory for processing without releasing them for free circulation on the EU market – and thus without incurring anti-dumping duties. This special situation raises questions on how imports made under the IPR are to be treated in anti-dumping investigations. A survey of the European Commission’s practice on the treatment of imports made under the IPR reveals an inconsistent approach and a lack of reasoning that could explain the sometimes diametrically opposed conclusions drawn from seemingly similar fact patterns.\u0000European Union, European Commission, trade defense, anti-dumping, inward processing, inward processing regime, EU anti-dumping law","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43207722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Circular no. 40 of 2021 of the Italian Customs Agency is important, as it addresses a significant problem for non-established economic operators who must carry out import operations into a Member State of the European Union, as it emphasizes the need to have a VAT (Value Added Tax) number and a tax representative who fulfils the formalities connected with the payment of the duties; from the customs point of view, this person is regarded as the importer and therefore able to provide all the information required for the procedure of release for free circulation and will be identified through the EORI (acronym for Economic Operator Registration and Identification) code that will be assigned to them by the customs authority at the time of the first relevant transaction. However, operators not established in the Union territory will be required, in order to be able to submit a customs declaration (in the specific case, of release for free circulation), to assign a mandate without representation to an established subject, in order for the latter to carry out this fulfilment, remaining jointly and severally obliged with its principal for the obligation deriving from the presentation of the declaration for the release for free circulation regime. Importer, non-established, mandate, representation, declaration, person, territory, obligations, duties
{"title":"Import Operations into the European Union Require Established Operators (Or Identification of an Indirect Customs Representative)","authors":"Alessandro Fruscione","doi":"10.54648/gtcj2022035","DOIUrl":"https://doi.org/10.54648/gtcj2022035","url":null,"abstract":"Circular no. 40 of 2021 of the Italian Customs Agency is important, as it addresses a significant problem for non-established economic operators who must carry out import operations into a Member State of the European Union, as it emphasizes the need to have a VAT (Value Added Tax) number and a tax representative who fulfils the formalities connected with the payment of the duties; from the customs point of view, this person is regarded as the importer and therefore able to provide all the information required for the procedure of release for free circulation and will be identified through the EORI (acronym for Economic Operator Registration and Identification) code that will be assigned to them by the customs authority at the time of the first relevant transaction. However, operators not established in the Union territory will be required, in order to be able to submit a customs declaration (in the specific case, of release for free circulation), to assign a mandate without representation to an established subject, in order for the latter to carry out this fulfilment, remaining jointly and severally obliged with its principal for the obligation deriving from the presentation of the declaration for the release for free circulation regime.\u0000Importer, non-established, mandate, representation, declaration, person, territory, obligations, duties","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46044586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Association of Southeast Asian Nations (ASEAN) rules of origin (RoO) evolved from the original inception in early ’90 to the later formulation in the ASEAN Trade in Goods Agreement (ATIGA) in 2009. Even after the completion of ATIGA, RoO reform has remained high in the agenda of ASEAN Economic Community resulting in more than thirty years of efforts to improve RoO. In spite of repeated research findings of low utilization rates of ASEAN trade preferences by firms, the ASEAN negotiating machinery has been unable to address the main cause of such low utilization, i.e., the shortcomings of ASEAN RoO and their cumbersome administration by ASEAN Member States The region has recently embarked in the Regional Comprehensive Economic Partnership (RCEP) that has been branded as a solution to the panoply of proliferating sets of RoO existing in Asia and the Pacific. Yet recent research and findings from firms indicated that RCEP has inherited many of the shortcomings of ASEAN rules of origin. An ASEAN Secretariat study of 2021 shows an average utilization rate of ATIGA trade preferences of 50%. This does not bode well for RCEP, unless action is undertaken. This article argues that it is time that Governments of Asia and the Pacific region act on an overdue reform of rules of origin to create a stable and predictable trade facilitating environment. rules of origin, regional trade agreements, trade preferences, utilization rates, ASEAN regional integration
{"title":"The Low Use by Firms of ASEAN Trade Preferences: Will RCEP Follow the Same Destiny? An Agenda for Rescue to Reform Rules of Origin in the Asian and Pacific Region","authors":"S. Inama, Pramila Crivelli, Phan Manh Ha","doi":"10.54648/gtcj2022033","DOIUrl":"https://doi.org/10.54648/gtcj2022033","url":null,"abstract":"The Association of Southeast Asian Nations (ASEAN) rules of origin (RoO) evolved from the original inception in early ’90 to the later formulation in the ASEAN Trade in Goods Agreement (ATIGA) in 2009. Even after the completion of ATIGA, RoO reform has remained high in the agenda of ASEAN Economic Community resulting in more than thirty years of efforts to improve RoO. In spite of repeated research findings of low utilization rates of ASEAN trade preferences by firms, the ASEAN negotiating machinery has been unable to address the main cause of such low utilization, i.e., the shortcomings of ASEAN RoO and their cumbersome administration by ASEAN Member States\u0000The region has recently embarked in the Regional Comprehensive Economic Partnership (RCEP) that has been branded as a solution to the panoply of proliferating sets of RoO existing in Asia and the Pacific. Yet recent research and findings from firms indicated that RCEP has inherited many of the shortcomings of ASEAN rules of origin. An ASEAN Secretariat study of 2021 shows an average utilization rate of ATIGA trade preferences of 50%. This does not bode well for RCEP, unless action is undertaken.\u0000This article argues that it is time that Governments of Asia and the Pacific region act on an overdue reform of rules of origin to create a stable and predictable trade facilitating environment.\u0000rules of origin, regional trade agreements, trade preferences, utilization rates, ASEAN regional integration","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48614444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dumping could be considered to exist when the export price of a product is lower than the normal value. Comparing the export price and the normal value is the starting point of anti-dumping process. The normal value is, in principle, determined on the basis of the domestic sales price in the exporting country. However, where the normal value cannot be determined on that basis, it may be determined on the basis of the ‘third-country sales’ or the ‘constructed normal value’. The ‘constructed normal value’ is calculated on the basis of the cost of production in the country of origin plus reasonable amount for administrative, selling and general costs and for profits. This article reviews how to derive normal value, and discusses various issues on constructed normal value by analysing the relevant provisions of the Anti-Dumping Agreement, and WTO Panel and Appellate Body Reports. anti-dumping, Anti-Dumping Agreement, constructed normal value, normal value, particular market situation, WTO
{"title":"Some Critical Issues on Constructed Normal Value Under the Anti-Dumping Agreement","authors":"Sang Man Kim","doi":"10.54648/gtcj2022027","DOIUrl":"https://doi.org/10.54648/gtcj2022027","url":null,"abstract":"Dumping could be considered to exist when the export price of a product is lower than the normal value. Comparing the export price and the normal value is the starting point of anti-dumping process. The normal value is, in principle, determined on the basis of the domestic sales price in the exporting country. However, where the normal value cannot be determined on that basis, it may be determined on the basis of the ‘third-country sales’ or the ‘constructed normal value’. The ‘constructed normal value’ is calculated on the basis of the cost of production in the country of origin plus reasonable amount for administrative, selling and general costs and for profits. This article reviews how to derive normal value, and discusses various issues on constructed normal value by analysing the relevant provisions of the Anti-Dumping Agreement, and WTO Panel and Appellate Body Reports.\u0000anti-dumping, Anti-Dumping Agreement, constructed normal value, normal value, particular market situation, WTO","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44240891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Suspension of anti-dumping (‘AD’) measures is an exceptional tool available to the European Commission to be used under exceptional circumstances. In accordance with Article 14(4) of the basic AD Regulation, the Commission may suspend AD measures, if market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of the suspension. Although the suspension is not common, the Commission decided to suspend AD measures concerning imports of certain aluminium flat-rolled products (‘AFRP’) from China in October 2021. However, the Commission decided not to suspend AD measures concerning imports of birch plywood originating in Russia in December 2021. Better economic performance of Union producers in the post-investigation period (IP), or the absence thereof, was the main difference between the AFRP and birch plywood cases that led the Commission to reach the opposite conclusion. Given that the Commission recently suspended AD measures in the AFRP case, we may see more suspension requests from Union users and importers, and non-EU exporting producers. As a result, the Commission may initiate a few review investigations on suspension. However, the suspension will remain an exceptional tool and we will see a limited of cases of suspension. EU trade defense instruments, anti-dumping, suspension
{"title":"Suspension of Anti-dumping Measures in the EU: A New Trend or Not?","authors":"Jin Woo (Jay) Kim","doi":"10.54648/gtcj2022028","DOIUrl":"https://doi.org/10.54648/gtcj2022028","url":null,"abstract":"Suspension of anti-dumping (‘AD’) measures is an exceptional tool available to the European Commission to be used under exceptional circumstances. In accordance with Article 14(4) of the basic AD Regulation, the Commission may suspend AD measures, if market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of the suspension. Although the suspension is not common, the Commission decided to suspend AD measures concerning imports of certain aluminium flat-rolled products (‘AFRP’) from China in October 2021. However, the Commission decided not to suspend AD measures concerning imports of birch plywood originating in Russia in December 2021. Better economic performance of Union producers in the post-investigation period (IP), or the absence thereof, was the main difference between the AFRP and birch plywood cases that led the Commission to reach the opposite conclusion. Given that the Commission recently suspended AD measures in the AFRP case, we may see more suspension requests from Union users and importers, and non-EU exporting producers. As a result, the Commission may initiate a few review investigations on suspension. However, the suspension will remain an exceptional tool and we will see a limited of cases of suspension.\u0000EU trade defense instruments, anti-dumping, suspension","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49271226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Digital trade, although empowers international transactions, brings new intellectual property risks to traders. Digital platforms are playing the vital role in managing intellectual property risks to avoid or mitigate the traders’ losses to infringements and liabilities. The intellectual property warranty mechanism, based on statute or warranty clause, is also revived as the important means for risk management in digital trade. Traders need to renew and upgrade their strategies and measures of intellectual property risk management to safeguard their interests in new trade environment. digital trade, intellectual property rights, digital platforms, CISG, statutory warranty, warranty clause
{"title":"Management of Intellectual Property Risks in Digital Trade","authors":"H. Xue","doi":"10.54648/gtcj2022026","DOIUrl":"https://doi.org/10.54648/gtcj2022026","url":null,"abstract":"Digital trade, although empowers international transactions, brings new intellectual property risks to traders. Digital platforms are playing the vital role in managing intellectual property risks to avoid or mitigate the traders’ losses to infringements and liabilities. The intellectual property warranty mechanism, based on statute or warranty clause, is also revived as the important means for risk management in digital trade. Traders need to renew and upgrade their strategies and measures of intellectual property risk management to safeguard their interests in new trade environment.\u0000digital trade, intellectual property rights, digital platforms, CISG, statutory warranty, warranty clause","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43471561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Modern trade wars are pushing the world deep into protectionism. Free Trade Agreements (FTAs) have, therefore, risen to unprecedented levels. Why should policy makers fully understand the factors that make a FTA successful? Lessons from other studies can help this objective, but scholarship is quite scattered and at times fails to consider all or most of the key aspects in aggregate. We summarize and synthesize this scholarship and with qualitative tools – employing Gioia methodology backed by case study research design – we identify what makes a FTA successful. We also validated these aspects and their relationship to FTAs in focus groups. Free Trade Agreements, Pakistan, Qualitative Case Study Design, Regional Trade, Protectionism, Archival Record, Focus Group
{"title":"Identifying Attributes of a Favourable FTA: A Back Room Boy’s Perspective","authors":"Salal Mahmud, Anjeela Khurram, S. Khurram","doi":"10.54648/gtcj2022029","DOIUrl":"https://doi.org/10.54648/gtcj2022029","url":null,"abstract":"Modern trade wars are pushing the world deep into protectionism. Free Trade Agreements (FTAs) have, therefore, risen to unprecedented levels. Why should policy makers fully understand the factors that make a FTA successful? Lessons from other studies can help this objective, but scholarship is quite scattered and at times fails to consider all or most of the key aspects in aggregate. We summarize and synthesize this scholarship and with qualitative tools – employing Gioia methodology backed by case study research design – we identify what makes a FTA successful. We also validated these aspects and their relationship to FTAs in focus groups.\u0000Free Trade Agreements, Pakistan, Qualitative Case Study Design, Regional Trade, Protectionism, Archival Record, Focus Group","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41577785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
To create new development opportunities in the Global South, developing countries must enable greater trade facilitation with the global economy. Customs officials, who are at the front line and act as gatekeepers for market access, must often balance competing priorities between ensuring regulatory compliance and efficient processing of a high volume of consignments and goods. Currently, customs processes in developing countries often act as bottlenecks in the global supply chain which create undue costs for exporters and traders, yet these countries must also tackle the growing problem of illegal or unlawful trade. Post-clearance audits (PCAs) provide an effective risk management technique that can be used in conjunction with automated risk-based selectivity. This approach provides a holistic, risk management approach to customs processing. PCAs can also assist customs to promote an expedited release of goods without compromising the control of high-risk consignments. This article examines the weakness and the challenges of implementing PCAs within the domestic regulatory framework of Bangladesh. To achieve this objective, this article has obtained primary evidence from key stakeholders including Bangladesh Customs to develop insight and analysis into implementing PCA into the Bangladeshi regulatory framework. As this article will explore, these challenges include implementing an automated risk-based selectivity approach, online connectivity among relevant agencies, customs-to-customs cooperation, customs-to-business cooperation and developing greater technical capacity through skilling-up the workforce. Post-clearance Audit, Risk Management, Customs Control, Trade Facilitation, Bangladesh Customs
{"title":"Improving Trade Competitiveness Through a Risk-based Approach: Post-clearance Audits in Bangladesh Customs","authors":"S. Alam, Saif Uddin Ahammad","doi":"10.54648/gtcj2022021","DOIUrl":"https://doi.org/10.54648/gtcj2022021","url":null,"abstract":"To create new development opportunities in the Global South, developing countries must enable greater trade facilitation with the global economy. Customs officials, who are at the front line and act as gatekeepers for market access, must often balance competing priorities between ensuring regulatory compliance and efficient processing of a high volume of consignments and goods. Currently, customs processes in developing countries often act as bottlenecks in the global supply chain which create undue costs for exporters and traders, yet these countries must also tackle the growing problem of illegal or unlawful trade. Post-clearance audits (PCAs) provide an effective risk management technique that can be used in conjunction with automated risk-based selectivity. This approach provides a holistic, risk management approach to customs processing. PCAs can also assist customs to promote an expedited release of goods without compromising the control of high-risk consignments. This article examines the weakness and the challenges of implementing PCAs within the domestic regulatory framework of Bangladesh. To achieve this objective, this article has obtained primary evidence from key stakeholders including Bangladesh Customs to develop insight and analysis into implementing PCA into the Bangladeshi regulatory framework. As this article will explore, these challenges include implementing an automated risk-based selectivity approach, online connectivity among relevant agencies, customs-to-customs cooperation, customs-to-business cooperation and developing greater technical capacity through skilling-up the workforce.\u0000Post-clearance Audit, Risk Management, Customs Control, Trade Facilitation, Bangladesh Customs","PeriodicalId":12728,"journal":{"name":"Global Trade and Customs Journal","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42597634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：