WTO issues panel report regarding Korean restrictions on Japanese food imports

We understand the WTO has issued their Panel Report in relation to the previous complaint lodged by Japan. On 21 May 2015, Japan requested consultations with Korea regarding:

(a) import bans on certain food products;

(b) additional testing and certification requirements regarding the presence of certain radionuclides; and

(c) a number of alleged omissions concerning transparency obligations under the SPS Agreement. Korea's measures were adopted subsequent to the accident at the Fukushima Daiichi nuclear power plant in March 2011.

The WTO Dispute Panel have provided the following outcome of the review;

'The Panel found that the measures at issue were SPS measures within the meaning of Article 1.1 and Annex A(1)(b) of the SPS Agreement and determined that Korea had not shown that these measures fall within the scope of Article 5.7 of the SPS Agreement. The Panel found that Japan had not demonstrated that Korea acted inconsistently with its obligations under Article 8 and Annex C of the SPS Agreement with respect to the adoption and maintenance of the 2011 and 2013 additional testing requirements. The Panel found that Korea's 2011 additional testing requirements and 2012 product-specific import bans were neither discriminatory nor more trade-restrictive than required when adopted. However, the Panel found that the maintenance of these measures as well as the adoption and maintenance of the 2013 additional testing requirements was inconsistent with Korea's obligations under Articles 2.3 and 5.6 of the SPS Agreement. The Panel also found that Korea failed to comply with its transparency obligations under Article 7 and Annex B of the SPS Agreement with respect to the publication of all the measures and the duties of its SPS Enquiry Point.'

For further information please visit the WTO website at: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds495_e.htm#bkmk495r

Regards,

Russell Wilkinson

CEO - Trusted Trader International

www.trustedtrader.com.au

WTO MEMBERS CONSIDER INDIA’S REQUEST FOR COMPLIANCE PANEL IN DISPUTE OVER SOLAR CELLS

Please note that at a 9 February special meeting of the Dispute Settlement Body (DSB), WTO members considered India’s request for a panel to be established to examine India’s compliance with the recommendations and rulings of the DSB in a dispute over India’s domestic content requirements for solar cells and solar modules.

The United States did not agree to the establishment of the compliance panel.

For further information please visit:-

https://www.wto.org/english/news_e/news18_e/dsb_09feb18_e.htm

 

Kind Regards

Russell Wilkinson

CEO - Trusted Trader International

W: www.trustedtrader.com.au

E: russell.wilkinson@trustedtrader.com.au

"Global economy is evolving, we need to adapt" - DG - WTO

The WTO's Director-General (DG) Mr Roberto Azevêdo during his recent visit to Dubai in the United Arab Emirates (UAE) to participate in the World Government Summit, he took part in the high-level panel on ‘the future of trade and globalization’, which was held in partnership with the WTO.

As per the WTO's press release:

"He also gave a keynote intervention on ‘the outlook for trade in a hyper-connected world’ on 13 February. During the visit, the Director-General met with the Prime Minister His Highness Sheikh Mohammed bin Rashid Al Maktoum and with the Minister of Economy HE Sultan Al Mansoori.

During his interventions at the summit, the Director-General (DG) addressed the rapid changes that we are seeing in the global economy and how this relates to trade and the WTO. He said:

“The forces of globalization, innovation and technological change are driving huge changes in our economies. These changes raise important adjustment challenges as they have an impact on the overall structure of employment. Developing effective policies to support people to adjust and to gain new skills is essential. But while we respond to the challenges created by economic change, we must also seek to embrace the opportunities – and that means continuing to embrace trade. Actually, the benefits of trade are significantly undersold at present – many people don’t realize its positive effects. Our world is more interconnected than ever before, and therefore cooperation among nations on economic matters is ever more essential.

“This is one reason why there is a huge interest in the WTO’s work at the moment. At our 11th Ministerial Conference in Buenos Aires in December, we saw tremendous political support for the organization, and we saw a desire among many members to respond to the rapid economic changes that we are seeing and ensure that everyone has the opportunity to benefit. For example, along with advancing longstanding issues such as the elimination of agricultural subsidies, market access and services, members are also discussing how to address issues linked to today's fast changing economic environment, including leveraging e-commerce as a force for development and how to make trade more inclusive by helping small businesses to participate. It will be interesting to see how these conversations develop. Clearly, as the pace of change continues to grow, we must ensure that the trading system can continue supporting jobs, growth and development around the world.”

At World Customs Portal, we total agree with the DG's sentiments and look forward to deploying our portal to meet these objectives in the future.

Kind Regards,

Russell Wilkinson

CEO - Founder

World Customs Portal

W: www.worldcustomsportal.com

E: russell.wilkinson@worldcustomsportal.com

WTO - International Trade growth to sustain momentum in first quarter of 2018

Latest release from the WTO states:

"The WTO’s latest World Trade Outlook Indicator (WTOI), released on 12 February, suggests that the trade recovery of 2017 should continue, with solid trade volume growth in the first quarter of 2018.

The WTOI’s current value of 102.3 is little changed from the 102.2 recorded last November, indicating steady merchandise trade volume growth. Strong results for air freight, container shipping and export orders in particular suggest that, while the trade recovery may moderate in due course, it will likely continue in the coming months and remain above trend."

Regards,

Russell Wilkinson

CEO - Trusted Trader International - www.trustedtrader.com.au

CEO - Founder - World Customs Portal - www.worldcustomsportal.com

Voluntary Disclosures on the increase - ABF Announces

The Australian Border Force (ABF) announced today that retrospective underpayments of Customs Duty have been increasing over the past 12-18 months. This is consistent with TTI's compliance and risk reviews undertaken over a similar period.

It is important for importers to recognise the inherent risks involved of duty underpayments and should seek immediate reviews of their past four years of declaration lodgements to avoid the severe 'corporate multiplier' penalties involved for companies importing goods (i.e. in addition to the primary duty being underpaid).

The ABF has also stated:-

"In 2016-17, there has been a 20 per cent increase in the number of voluntary disclosures submitted to the ABF, with over $35 million in revenue being collected.

Due to the increased demand, the Voluntary Disclosures unit will be unable to respond to routine requests for status updates on voluntary disclosures already submitted unless there are exceptional circumstances.

A voluntary disclosure is a communication to the ABF—through a written error notice—of an error, omission or adjustment in a statement (excluding outturn or cargo reports) made to the ABF, such as an error in an import or export declaration.

A voluntary disclosure must disclose fully, truthfully and voluntarily, the details of the relevant import or export declarations and the nature of the errors. In making a voluntary disclosure, you are protected from offences in sections 243T and 243U of the Customs Act 1901 that relate to false or misleading statements.

Submitting a voluntary disclosure to the ABF will establish the relevant protections and the Voluntary Disclosures unit will contact you when processing is complete or if additional information is required."

Without a comprehensive Customs Compliance review, it is difficult for companies to firstly identify any liabilities over the previous four year period and secondly, to make a Voluntary Disclose application to avoid the corporate penalty regime.

For assistance in relation to conducting these reviews, please do not hesitate to contact the undersigned for further information.

Regards

Russell Wilkinson

CEO - Trusted Trader International

E: russell.wilkinson@trustedtrader.com.au

W: www.trustedtrader.com.au

Customs' recognises Same Sex Marriage for Arriving Passengers Duty Free Concession!

It is with much pleasure we report that the Australian Border Force (Customs) has today announced marriage equality within their duty free entitlements By-Law (Item 15) for arriving passengers into Australia - with effect on and from 1 February 2018.

For those not familiar with Item 15, it is the legal instrument that gives rise to the inwards or arriving passenger duty free concessions, that most residents of Australia utilise to exempt duty and GST on goods purchased abroad whilst on vacation or arriving for the first time etc.

The entire duty free concession (By-Law) can be viewed via the web link below, however in summary:-

"For the purposes of item 8 of the Table, the amount, in respect of a family that arrived in Australia on a flight or voyage, is the amount calculated in accordance with the formula: ($900 x A) + ($450 x C) where: A is the number of adults in the family who were on the flight or voyage; and C is the number of children in the family who were on the flight or voyage. "

Naturally, there are other restrictions or limitations on the quantum of tobacco and alcohol etc that can be imported duty free by arriving passengers.

In relation to Same Sex Marriage changes:-

"The Act removes restrictions that limit marriage in Australia to the union of a man and woman and allows two people the freedom to marry in Australia, regardless of their sex or gender. The Act also recognises foreign same-sex marriages in Australia."

'Changes to the definition of ‘Family’ 

By-law No.1700571 and by-law No.1700581 define ‘Family’ as: 

(a) 2 people who are married, and any of their children; or (b) a person and his or her de facto partner (within the meaning of the Acts Interpretation Act 1901), and any of their children.'

Also: "Replacement of the phrase “permanent resident” with “arriving resident” 

"New by-law No.1700581 also replaces the expression “permanent resident” with the expression “arriving resident” to avoid inconsistency with Australian migration legislation. “Arriving resident” means a person who arrives in Australia and intends immediately to take up or resume residence in Australia; and (a) is an Australian citizen for the purposes of the Australian Citizenship Act 2007 (as amended from time to time); or (b) holds a permanent visa within the meaning of the Migration Act 1958 (as amended from time to time); or

(c) holds a special category visa within the meaning of the Migration Act 1958 (as amended from time to time)"

For additional information in relation to the announcement and the coverage of the duty free concessions, please refer to:-

http://www.homeaffairs.gov.au/Customsnotices/Documents/home-affairs-notice-2018-01.pdf

 

Kind Regards

Russell Wilkinson

CEO

Trusted Trader International

www.trustedtrader.com.au

Russia initiates WTO compliance proceedings over pig products import restrictions with the EU

According to the latest WTO's news release, the Russian Federation has requested WTO consultations with the European Union to address Russia’s claim that it has complied with a WTO ruling regarding its import restrictions on live pigs, pork and other pig products from the European Union. The request was circulated to WTO members on 30 January.

For further information, visit:-

 

https://www.wto.org/english/news_e/news18_e/ds475_19oth_31jan18_e.htm

 

Kind Regards

Russell Wilkinson

Trusted Trader International (TTI)

www.trustedtrader.com.au

 

Pakistan – Anti-Dumping measures on Biaxially Oriented Polypropylene Film from the United Arab Emirates

REQUEST FOR CONSULTATIONS BY THE UNITED ARAB EMIRATES

On 24 January 2018, the delegation of the United Arab Emirates submitted and circulated to the delegation of Pakistan and to the Chairperson of the Dispute Settlement Body, grounds of the subject dispute claim in accordance with Article 4.4 of the DSU. 

The WTO, on behalf of the Government of the United Arab Emirates ("UAE"), has requested consultations with the Government of Pakistan pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), and Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of the GATT 1994 ("Anti-Dumping Agreement"), with regard to Pakistan's anti-dumping measure on imports of Biaxially Oriented Polypropylene ("BOPP") film from, among others, the UAE dated 9 April 2015, imposing definitive Anti-Dumping duties, as well as any amendments thereto or extensions thereof, and any related measures, including the sunset review determination published in the Official Gazette on 1 December 2016, by which the Anti-Dumping measures were extended. 

It is considered by the UAE that this measure is inconsistent with Pakistan's obligations under certain provisions of the GATT 1994 and the Anti-Dumping Agreement. 

For further information on the grounds specified by the UAE at: file:///C:/Users/trust/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/538-1.pdf

For company's seeking advice in relation to global Anti-Dumping or Countervailing matters, please do not hesitate to contact the undersigned as TTI has global partner alliances to assist in virtually any country.

Kind Regards,

Russell Wilkinson

CEO

Trusted Trader International (TTI)

russell.wilkinson@trustedtrader.com.au

w: www.trustedtrader.com.au