Regulation (EU) 2024/3234 of the European Parliament and of the Council has been published in the Official Journal of the EU, delaying by one year the application of the EU’s Regulation on Deforestation-free Products (the EUDR). Hong Kong traders may recall that pursuant to urgent pleas made by some of the EU’s trading partners, most notably the U.S., as well as some Member States, that industry was simply not ready to comply with the EUDR, the EU institutions agreed to delay its onset by one year.
It was reported on 17 December 2024 that the Danish Environmental Protection Agency has issued warning letters to approximately 1,000 Chinese companies citing probable non-compliance with producer responsibility obligations. These warnings mark the initial step in an enforcement process that could culminate in injunctions, fines or other legal action.
On 18 November, the General Administration of Customs announced that it will carry out random inspections of some import and export commodities not listed in the catalogue of commodities subject to statutory inspection. The objective is to protect the legitimate rights and interests of consumers and safeguard health and safety. Import commodities that will be subject to inspections include stationery for students, baby products and electronic products. Export commodities include children’s toys.
On 3 December 2024, the European Commission announced that it welcomed the (informal) agreement reached between the European Parliament and the Council on the Commission's proposal to grant a 12-month additional phasing-in period for implementation of the EU Deforestation Regulation (EUDR). This will come as a relief to industry, as it will ensure more time for ensuring compliance and a more proper and effective implementation of the rules.
The European Commission (“Commission”) and the European Union Intellectual Property Office (“EUIPO”) recently published a joint Annual Report on the enforcement of intellectual property (“IP”) rights. The Annual Report found that Mainland China and Hong Kong were the main sources of counterfeit goods imported into the EU. An increase in counterfeit packaging material, labels, tags and stickers raised particular concerns due to their “negative mulitplier effect”. Hong Kong traders should be interested in the Annual Report as it is likely that it will influence EU customs enforcement going forwards as well as ongoing negotiations on EU Customs reform.
The European Commission announced last month that the EU Council, representative of the Member States, has officially approved a proposed ban on bisphenol-A (BPA) in food contact materials, set to take effect in 2026. Some transition periods will extend towards the end of the decade. The Commission noted that "limited exceptions where there are no available safe alternatives and transition periods will apply," provided they do not pose a risk to consumers.
CBP has reclassified certain non-slip pads as other articles of plastic under HTSUS 3926.90.99 (5.3 percent duty) rather than as other plastic sheets under HTSUS 3921.12.11 (4.2 percent duty), 3921.12.15 (6.5 percent duty) and 3921.12.19 (5.3 percent duty).