On 19 June 2023, the UK’s new DCTS entered into force, replacing its previous Generalized Scheme of Preferences regime. Under the WTO Agreements, developed countries can grant non-reciprocal preferential treatment to products originating in developing and least developed countries, referred to as “special and differential treatment” (S&D) provisions, normally referred to as a GSP. Countries that grant preferential treatment through a GSP determine eligible countries and S&D provisions unilaterally.

World Trade Organization Members laid out several key principles for determining the customs value of imported goods in the 1995 Customs Valuation Agreement with the aim of ensuring that the value of Members’ tariff concessions would not be nullified or undermined. Nonetheless, the WTO is – incorrectly – seldomly considered as a relevant forum for addressing customs valuation issues.

On 11 April 2023, the UK government announced in a Factsheet the introduction of a new criminal offence of failure to prevent fraud for organisations profiting from fraud committed by their employees or agents acting on their behalf. Violations can result in unlimited fines for organisations involved. Introduced as an amendment to the Economic Crime and Corporate Transparency Bill 2022, the new offence will come into force on the day the Act is passed.

Introduction of an EU Customs Agency is becoming more and more tangible. This idea of a “European Customs Agency” was first proposed on 31 March 2022 by the “Wise Persons Group on Challenges Facing the Customs Union”. More recently, on 28 February 2023, during the 62nd Plenary Meeting of the Trade Contact Group set up by the European Commission, the creation of an EU Customs Authority was once again discussed alongside the introduction of an EU Customs Data Hub and further simplification of customs processes.

The UK government announced on 15 March 2023 that customs valuation rulings, so-called Advance Valuation Rulings (AVR), would soon be a feature of the UK Customs regime. On 27 April 2023, the UK government published guidance on submitting applications for an AVR with the system going live. This is despite the necessary legislative amendments not yet coming into force.

by Dimitris Mourkas, Rini Rashid, and Jennifer Revis The UK will introduce a new criminal offence of failure to prevent fraud. The new offence (which is still being shaped as it goes through Parliament), will be included in the Economic Crime and Corporate Transparency Bill and will come into force…

On 31 March 2023, the UK announced that it will join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), joining 11 jurisdictions (including Mexico, Japan, Canada and Australia) across the Asia-Pacific region and becoming the first European country to do so. While the UK already has existing bi-lateral trade agreements with 9 of the 11 CPTPP jurisdictions, the biggest benefits will arise as other jurisdictions join the bloc (with applications to join by jurisdictions including China, Taiwan and Ecuador already submitted).

On 15 March 2023, the Government announced its Spring Budget 2023, which included some long awaited changes to the current Customs regime. Broadly, the announcements capture improvements following the Government’s 2022 Call for Evidence on an independent Customs regime.

There are already big reforms planned for the UK Trade Remedies Authority – less than two years after its establishment – and for the overall operation of the UK trade remedies regime. On 9 March 2023, the UK Government announced changes to its trade remedies regime to transition to a more complex investigatory regime.

The UK’s trade remedies body, the Trade Remedies Authority announced on 22 February that it has begun a reconsideration of its recommendation in Case AD0012, concerning imports of certain aluminium extrusions originating in China. Notably, this was the TRA’s first anti-dumping investigation in response to an application from UK industry. A reconsideration application is a request for the TRA to review its findings in a concluded investigation.