Article

New EU regulation applicable from 1 June 2021: A path to the end of the commercial war between the US and the EU?

04/06/2021

International Trade, Customs and Competition

According to the EU Commission Implementing Regulation 2018/886 dated 20 June 2018, certain goods with a US origin were subject to additional customs duties upon importation in the EU. According to this regulation, two sets of measures were intended to take place:

“(a) the additional ad valorem duties of a rate of 10 % and 25 % on imports of the products listed in Annex I, should be applied from the date of entry into force of this Regulation [22 June 2018] and until the United States ceases to apply its safeguard measures to products from the Union;

(b) the additional ad valorem duties of a rate of 10 %, 25 %, 35 % and 50 % on imports of the products listed in Annex II, should be applied from 1 June 2021 or upon the adoption by, or notification to, the WTO Dispute Settlement Body of a ruling that the United States’ safeguard measures are inconsistent with the relevant provisions of the WTO Agreement, if that is earlier, until the United States ceases to apply its safeguard measures to the Union.”

Since the beginning of 2021, trade relations between the US and the EU have warmed up. Last May, the US and the EU have indeed agreed to suspend the application of additional duties.

Therefore, on 28 May 2021, the EU Commission has implemented regulation (EU) 2021/866, to suspend the application of step (b).

As a result, the application of additional ad valorem duties of 10%, 25%, 35% and 50% on imports of products listed in Annex II of the implementing regulation (EU) 2018/886 are suspended from 1 June to 30 November 2021 (included). They may apply from 1stDecember 2021. However, the additional ad valorem duties of 10% and 25% on imports of products listed in Annex I (step (a)) remain applicable.

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International Trade, Customs and Competition

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