Received a fine? The Customs Authorities are definitely not always right. Objection and appeal proceedings can be your salvation.
Gaston Schul’s customs lawyers and legal practitioners assist you with litigation in customs matters. We are part of a network of renowned organisations in European customs law, national customs law and administrative law.
Customs and export controls
Export control, dual-use goods, sanctions and export licences. These terms play an increasingly important role in international trade. In a global economy, you have to be familiar with global laws and regulations and not only comply with the European rules. Are you familiar with the applicable rules for the export of goods? Do you know which licences are required? Which country currently has a trade embargo? You run the risk (even as an individual) of being prosecuted under criminal law. We have many years of experience with the export of goods and the requirements of dual-use goods. We are no stranger to regulations, sanctions regulations and international treaties and agreements in this area. Our customs advisors have already applied for licences for a whole host of companies, have communicated with the Central Import and Export Service (Centrale Dienst voor In- en Uitvoer – CDIU) and the Ministry of Foreign Affairs.
Solar panels, energy-saving bulbs, e-bikes, bicycles, steel screws and disposable lighters. Just a handful of goods to which far-reaching anti-dumping measures can apply. When goods are imported, you may face this type of levy, in addition to the VAT and import duties. In this way, the EU tries to ensure fair competition between EU producers. This can result in an additional import duty that can rise to more than 100%. The importer is responsible for finding out whether anti-dumping measures apply. And that is not always comprehensible, because the list of products varies constantly because of trade wars or other protective measures. Our customs advisors will make sure that there are no unpleasant surprises at a later stage. As well as the origin of the goods, we closely monitor goods classification and value. At the same time, countervailing duty may apply, because export subsidies are received. These are matters that we look into on your behalf.
Combating counterfeit goods and piracy
Nothing is as frustrating for trademark owners than if goods are counterfeited and intellectual property rights are at stake. Fortunately the Customs Authorities throughout Europe are very supportive in this respect. At your request, they have the authority to detain and sometimes even to immediately destroy infringing goods. Gaston Schul has a lot of experience with projects of this kind and would be happy to assist you with applying for and rolling out these ‘border detention’ programmes. We can also support you if your consignments have been delayed by the Customs Authorities.
Acting promptly if you receive an additional assessment (payment notification)
Every day, thousands of customs declarations are made. Things usually go well. But what if the commodity code, the customs value or the origin are incorrectly stated? The customs declaration can suddenly pose a serious financial risk. Particularly if you are faced with the Payment Notification. The name sounds friendly, but nothing can be further from the truth. In the “invitation” it states that you have to pay within 10 days and that the payment cannot be deferred. This can have far-reaching, if not crippling, effects on your business operations. The customs advisors and legal practitioners at Gaston Schul specialise in proceedings against the Customs Authorities, both in terms of objections (review by the Customs Authorities) and in litigating in the courts of first and second instance and in the court of cassation. It doesn’t matter whether it is a dispute relating to classification, customs value or origin (or anti-dumping). We will support you. But it is better to avoid unpleasant surprises. Contact us to find out how you can avoid a Payment Notification.