Click here to download the trade and customs 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 17 jurisdictions are covered in this report:

Brazil; Chile; China; Colombia; Ecuador; Eurasian Economic Union; European Union; India; Japan; Jordan; Korea; Malaysia; Mexico; Turkey; Ukraine; United Arab Emirates; United States.

Questions

The set of questions relating to the topic of trade and customs and answered by the guide for each jurisdiction covered include:

Overviews

• • What is the main domestic legislation as regards trade remedies?
• • In general terms what is your country’s attitude to international trade?

Trade defence investigations

• • Which authority or authorities conduct trade defence investigations and impose trade remedies in your jurisdiction?
• • What is the procedure for domestic industry to start a trade remedies case in your jurisdiction? Can the regulator start an investigation ex officio?
• • What is the procedure for foreign exporters to defend a trade remedies case in your jurisdiction?
• • Are the WTO rules on trade remedies applied in national law?
• • What is the appeal procedure for an unfavourable trade remedies decision? Is appeal available for all decisions? How likely is an appeal to succeed?
• • How and when can an affected party seek a review of the duty or quota? What is the procedure and time frame for obtaining a refund of overcharged duties? Can interest be claimed?
• • What are the practical strategies for complying with an antidumping/countervailing/safeguard duty or quota?

Customs duties

• • Where are normal customs duty rates for your jurisdiction listed? Is there an exemption for low-value shipments, and if so, at what level? Is there a binding tariff information system or similar in place? Are there prior notification requirements for imports?
• • Where are special tariff rates, such as under free trade agreements or preferential tariffs, and countries that are given preference listed?
• • How can GSP treatment for a product be obtained or removed?
• • Is there a duty suspension regime in place? How can duty suspension be obtained?
• • Where can customs decisions be challenged in your jurisdiction? What are the procedures?

Trade barriers

• • What government office handles complaints from domestic exporters against foreign trade barriers at the WTO or under other agreements?
• • What is the procedure for filing a complaint against a trade barrier?
• • What will the authority consider when deciding whether to begin an investigation?
• • What measures outside the WTO may the authority unilaterally take against a trade barrier?
• • What support does the government expect from the private sector to bring a WTO case?
• • What notable trade barriers other than retaliatory measures does your country impose on imports?

Export controls

• • What general controls are imposed on exports?
• • Which authorities handle the controls?
• • Are separate controls imposed on specific products? Is a licence required to export such products? Give details.
• • Has your jurisdiction implemented the WCO's SAFE framework of standards? Does it have an AEO programme or similar?
• • Where is information on countries subject to export controls listed?
• • Does your jurisdiction have a scheme restricting or banning exports to named persons and institutions abroad?
• • What are the possible penalties for violation of export controls?

Financial and other sanctions and trade embargoes

• • What government offices impose sanctions and embargoes?
• • What countries are currently the subject of sanctions or embargoes by your country?
• • Are individuals or specific companies subject to financial sanctions?

Miscellaneous

• • Describe any trade remedy measures, import or export controls not covered above that are particular to your jurisdiction.