Customs

Whether sourcing components and materials, distributing products or interaction between transfer pricing and customs valuation, our team helps clients to address complex customs and legal issues across the supply chain – from being able to act as an Importer of Record to understanding the impact of free trade agreements – and to develop solutions which reduce supply chain risk and improve effectiveness.

Our recent work includes a wide range of issues facing our clients:

• advising with regard to the applicability of customs duties and other indirect taxes (VAT, excises, etc.) upon importation of products;
• advising on customs classification of products and obtaining customs binding tariff information (BTI) rulings, including legal representation before the European Court of Justice;
• advising on the application of origin rules and how to obtain customs preferences in free trade agreements based on a tailor-made preferential origin tool mechanism;
• advising on customs valuation implications in view of (periodic) transfer pricing adjustments, intercompany commissions and compensations as well as royalty/licence agreements;
• advising on the use of customs and fiscal representation and related contractual commitments and liabilities;
• setting up of cost efficient customs procedures in view of an envisaged supply chain restructuring;
• performing a customs audit and identifying exposures with regard to the held Authorised Economic Operator (AEO) authorisation;
• legal representation in customs investigations and proposals for out-of-court settlement;
• preparing and submitting voluntary self-disclosures regarding customs irregularities across the EU; 
• advising on WTO Regulation of Trade, including WTO Valuation Agreement, TRIPS, Information Technology Agreement; and
• drafting and implementation of compliance programs as well as holding of tailor made trainings in view of the changes in the EU and national customs legislation.