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Practical Trade & Customs Strategies

Practical Trade and Customs Strategies keeps you up to date on how recognized experts are managing complex trade issues. Topics in this twice monthly e-newsletter include:

  • Case studies of how peers in other companies are managing trade issues
  • Information about best practices on various international trade law issues
  • Expert articles from legal counsel and consultants on latest issues in customs law and import/export requirements.

If your position includes these responsibilities, then you need to join the dialogue:

  • Advising on or managing exports, import compliance, security, trade remedy, valuation
  • Structuring and planning to reduce duties and tariffs
  • Ruling requests
  • Representation during Customs audits / Focused Assessments
  • Advising on international practice such as the EU, Latin America or Asia
  • Problem resolution

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Customs Valuation and Multinational Transfer Pricing: Can They Co-exist? 

By Matthew M. Nolan (Arent Fox LLP)

Import compliance specialists have long worried about issues surrounding customs valuation for imported merchandise, especially when it comes to related party transactions within multinational enterprises. The concept of what constitutes an “arm’s length” transaction, and how to prove it, has been the source of much debate between Customs and Border Protection (“CBP”) and with trade professionals over the years. This article considers why transfer pricing has emerged as a significant customs valuation issue.

EU Restrictive Measures – The Use of Import Restrictions

By Renato Antonini and Eva Monard ( Jones Day Brussels)

The European Union (the “EU”) may impose restrictive measures (or so-called sanctions) on particular countries, entities or individuals; the nature of such measures will vary depending on the objectives and the likely effectiveness of such measures. Restrictive measures can take a large variety of forms, including for instance, arms embargoes, restrictions on admission (visa and/or travel bans), export restrictions, flight bans, freezing of funds and economic resources, or bans on the provision of financial services.

Sometimes, restrictive measures also take the form of import restrictions. Since this type of restrictive measure is not commonly used by the EU, it is often neglected by companies that may be concerned.

Download PDF of November 30, 2013 Practical Trade & Customs Strategies
02 Dec 2013


U.S. Country-of-Origin Marking Requirements

The accuracy of origin-of-marking standards relies heavily upon the nature of a product, its packaging, and how it will be sold to ultimate purchasers in the United States. In a two-part series, PTCS outlines the key marking requirements and how to avoid potential consequences of violations.
Page 1

Customs Transfer Pricing Rules for U.S. Companies
U.S. companies that engage in cross-border transactions must juggle both domestic tax transfer pricing rules and disparate customs transfer pricing rules for customs valuation purposes. How can a company ensure that its related party pricing is acceptable for customs purposes, and that it is able to use an efficient valuation methodology?
Page 1

Customs Valuations in Mexico
The inclusion of royalties and license fees in the dutiable value of imported merchandise has been a thorn in the complex relationship between taxpayers and local tax and customs authorities for the past few years. PTCS provides an update on customs valuation and the role of royalty payments in Mexico.
Page 4

China and EU Rise Above Trade Disputes to Launch Landmark Deal
In a landmark deal, China and the EU have announced that they will begin talks on an investment treaty that aims to increase openness and deepen cooperation as well as boost investment, a positive shift away from a relationship recently marred with trade spats ranging from steel and wine to solar panels.
Page 16

Download PDF of November 15, 2013 Practical Trade & Customs Strategies
21 Nov 2013


EU Anti-Dumping Investigations under WTO Law
The WTO Anti-Dumping Agreement requires EU investigating authorities to compute a normal value for the export prices of all transactions to nonmarket economies, rather than exclude export transactions on the grounds that a comparable normal value would not be available. Page 1

First Sale Rule Reduces Dutiable Value
Businesses and importers can benefit from reduced duties if they qualify to use the first sale rule, which reclassifies the dutiable value of a sale based on the transaction between the factory and the vendor, rather than between vendor and the importer. Page 1

Tariff Reform Effect on Canadian Businesses
Starting January 2015, the Canadian Federal Government plans to remove 72 countries from the General Preferential Tariff list—including China, Brazil, Thailand and Korea—increasing the tariff rates on goods from those countries. This change is the most radical tariff reform in the past 40 years in Canada, and will likely have significant effects on Canadian businesses. Page 3

EU and U.S. Launch Second Round of Trade Talks
The EU and U.S. have held their second round of trade negotiations towards the world’s largest free-trade deal and seek to catch up on lost ground since the U.S. government shutdown which delayed talks. Both EU and U.S. officials are eager to agree on the deal by the end of 2014, hoping to free up trading in farm products and integrate EU and U.S. markets. Page 5


Assessing EU Anti-dumping Investigations Excluding Certain Export Sales under WTO Law
By Renato Antonini and Eva Monard (Jones Day), page 1

First Sale
The First Sale Rule: Reducing Landed Costs in Multi-Tiered Import Transactions
By Charles Crowley (Sandler, Travis & Rosenberg), page 1

Tariff Reform
How General Preferential Tariff Proposals Will Impact Canadian Businesses
By Joy Nott (I.E.Canada, Canadian Association of Importers and Exporters), page 3

Round Up
Trade & Customs Round Up
By Linda Zhang (Thomson Reuters), page 5

Trade Partnerships
Colombia and Japan Hold 3rd Round of Economic Partnership Agreement Negotiations
By Justin S. Miller (White & Case), page 10

China and Europe Make up after Averting Trade War
By Robin Emmott (Reuters), page 11

Transatlantic Trade and Investment Partnership
Kerry Says Spying Row Shouldn’t Cloud U.S.-EU Trade Talks
By Lesley Wroughton (Reuters), page 12

Transfer of Shares
Transfer of Shares or Quotas of Argentine Companies: Compliance with Information Regimes and Approvals
By María José Boccardo and Claudia Paluszkiewicz (Marval, O’Farrell & Mairal), page 13

Market Regulation
Global Watchdog Says New Body with Teeth Needed to Police Markets
By Huw Jones (Reuters), page 16

Practical Trade & Customs Strategies Archives
20 Mar 2013

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20 Aug 2007


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