Compliance services

Gaston Schul’s legal practitioners and customs advisors support you in numerous areas that affect your logistics chain and trade management. Together we build on sustainable customs processes, we make sure that you conduct business in (more of) a compliant manner, and that you are totally familiar with operational risk management.

Ascertaining a commodity code or HS code (Harmonized System)

In terms of customs law, the classification of goods (classification in the combined nomenclature) is always one of the key topics. If a commodity code is incorrectly applied when goods are imported, this can lead to post-clearance recovery of import duties (also known as a Payment Notification). Particularly if you use an article master file and/or submit monthly tax returns, this can have a significant impact. It is sometimes difficult to determine your product’s HS code. Our customs specialists can ascertain precisely which commodity codes apply to your import or export consignments. Do you require assistance with finding the commodity code for your product? Gaston Schul can advise you about the classification of products into commodity codes.

Determining the customs value

The customs value is an important concept in our world; the import duties payable are calculated based on this value. Fixed rules apply to how you have to calculate the customs value. The most common method is based on the transaction value. Nevertheless, in practice this is a frequent subject of discussion with the Customs Authorities. Because, for example, the information provided by the seller is very sketchy (or simply incorrect), for instance e-commerce. As the importer of the goods, you do not want to take unnecessary risks. After all, you are (usually) responsible for the import declaration. We can help you to apply the correct method of calculating the customs value and can assist you in any disputes.

Country of origin

You may occasionally have encountered the following: goods are received with a certificate of origin. Everything therefore seems to be fine, however, it transpires later on that this isn’t the case. The certificate has been issued wrongly (or sometimes even fraudulently). You are, of course, not to blame, but the invoice is presented in the form of a Payment Notification. In the majority of cases, you cannot appeal against a mistake made by the Customs Authorities. In short, the resulting damage can be significant. The customs advisors and legal practitioners at Gaston Schul Legal & Compliance know how to navigate and shift gear within the world of customs legislation. We can help you to correctly interpret the designations of origin and to assess certificates of origin.

Increased certainty with BTI or BOI about the classification of goods

Binding Tariff Information (BTI) gives you a greater degree of certainty about the accuracy of the commodity code. The Customs Authorities will give a formal decision about the classification of the product. This enables you to drastically improve the quality of your import or export declarations. Please note, the decision is binding (and applies with retroactive force). The Customs Authorities may adopt an undesirable viewpoint. Gaston Schul will help you to obtain a BTI, therefore minimising the risk of disappointment about the decision. Binding Origin Information (BOI) can also provide certainty in terms of preferential origin and provenance. We would be happy to help you. Contact our customs advisors.

Obtaining an AEO certificate and maintaining AEO status

The status of Authorised Economic Operator (AEO) can yield many benefits. Fewer inspections, and priority if you are selected for an inspection. But you will also have a stronger position than your competitors. Our customs advisors will assist you with the application, make sure that you exploit the benefits in practice and ensure that you are less susceptible to the risks in the logistics chain. Because an AEO certificate alone is not sufficient to remain in control. A good monitoring system is required for that. We will assist you with setting up an AEO programme to monitor the progress of the customs processes. From process descriptions (AO/IB), procedures, internal inspections and audits through to incident registration. It is for good reason that the AEO licence symbolises being ‘in control’.