Archive for the ‘European Union’ Category

U.S. Customs and Border Protection Announces Details of Tariff-Rate Quotas for Steel and Aluminum Products From the European Union – JD Supra

U.S. Customs and Border Protection (CBP) recently announced details implementing the tariff-rate quota (TRQ) system that the United States and the European Union (EU) negotiated as a replacement for Section 232 national security tariffs on certain steel and aluminum products. The TRQ system went into effect on January 1, 2022.

The U.S. Department of Commerce (DOC) has established overall TRQ limits, by individual Harmonized Tariff Schedule (HTS) steel/aluminum group covered. The DOC has subdivided the overall TRQ into TRQ limits for merchandise produced by each EU country, based on historical U.S. import data. The TRQ limits are also divided by quarter.

Country-specific TRQs for steel products entered during the first and second quarters of 2022 are provided in CBP Publication No. 1628-1221: EU Sec. 232 Steel Tariff Rate Quota (TRQ) 2022 Q1 and Q2.

Country-specific TRQs for aluminum products entered during the first and second quarters of 2022 are provided in CBP Publication No. 1627-1221: EU Sec. 232 Aluminum Tariff Rate Quota (TRQ) 2022.

Please note that, within the EU country-specific and product-specific limits, CBP will administer the programs on a first-come, first-serve basis. If covered merchandise enters after the quota limit for the quarter has closed, the merchandise will be subject to the Section 232 tariffs. Also note that merchandise qualifying for a product exclusion will not be counted against the EU TRQ. Therefore, if your company has entered steel or aluminum in the past under a Section 232 tariff exclusion, you should continue to do so and renew your exclusion as necessary.

Additional details for the steel TRQ program are provided in the CBP bulletin, QB 22-801 2022: First and Second Quarter Tariff Rate Quota (TRQ) for Steel Mill Articles of European Union (EU) Member Countries.

Additional details for the aluminum TRQ program are provided in the CBP bulletin, QB 22-901 2022: First and Second Period Tariff Rate Quota (TRQ) for Aluminum Articles of European Union (EU) Member Countries.

Please also note that President Biden has directed the DOC to publish a notice seeking comments from interested parties on the Section 232 exclusion process. Following the comment period, the DOC will issue a regulation to revise the exclusion process as appropriate, including consideration of whether the availability and national security criteria for granting exclusions continue to be appropriate. We highly encourage companies that are utilizing the exclusion process to file comments to continue the exclusion on the basis of availability.

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U.S. Customs and Border Protection Announces Details of Tariff-Rate Quotas for Steel and Aluminum Products From the European Union - JD Supra

European Commissions Proposal to End the Misuse of Shell Entities for Tax Purposes within the EU – JD Supra

BACKGROUND

On 22 December 2021, the European Commission presented a proposal for a new directive to fight against the misuses of shell entities for improper tax purposes.

This proposal has been issued to ensure that entities in the European Union that have no or minimal economic activity are unable to benefit from any tax advantages and do not place any financial burden on taxpayers.

The proposed new measures will establish transparency standards around the use of shell entities, so that their abuse can be detected by tax authorities in a more efficient way.

An entity falling into the scope of the provisions of this new directive will be required to report information in its tax return such as information in relation to the premises of the company, its bank accounts, the tax residency of its directors and that of its employees.

If a company is deemed a shell company because it fails the substance test, it will not be able to access tax relief and the benefits of the tax treaty network of its Member State and/or to qualify for the treatment under the Parent-Subsidiary and Interest and Royalties Directives. In addition, payments to third countries will not be treated as flowing through the shell entity and will be subject to withholding tax at the level of the entity paying the shell entity. Accordingly, inbound payments will be taxed in the state of the shells shareholder.

Once adopted by Member States, the proposal should come into force as of 1 January 2024.

More details will follow soon on the impact of such new directive on funds activity.

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European Commissions Proposal to End the Misuse of Shell Entities for Tax Purposes within the EU - JD Supra

As the U.S. seeks to calm Russia tensions, Europe pushes to be included – CNBC

European Union foreign policy chief Josep Borrell and Ukrainian Foreign Minister Dmytro Kuleba visit the line of contact in Luhansk, Ukraine.

Anadolu Agency | Anadolu Agency | Getty Images

The United States and Russia are having key talks next week and the EU's top diplomat is disappointed that the bloc will not be around the table as well.

A potential Russian invasion of Ukraine is a top concern for many leaders, given multiple reports of heightened military activity close to the border. In a bid to ease these tensions, top U.S. and Russian officials will be gathering in Geneva, Switzerland on Monday. This meeting will precede wider talks between Russia and members of the North Atlantic Treaty Organization (NATO) on Wednesday.

However, the EU the political and economic group of 27 nations will not be present as a whole despite several of its members bordering with Russia.

"There is no security in Europe without the security of Ukraine. And it is clear that any discussion on European security must include European Union and Ukraine," Josep Borrell, the EU's high representative in charge of foreign affairs, said at a press conference on Wednesday.

"Any discussion about Ukraine must involve Ukraine first of all. And the talk about security in Europe cannot be done without not only the consultations, but the participation of the Europeans," Borrell said in Ukraine, where he visited the eastern part of the nation where low-scale military skirmishes between Ukrainian troops and pro-Russian forces have been going on for several years.

This marked the first time that the EU's top diplomat visited the conflict-hit region.

However, an analyst at consultancy firm Teneo, said that the exclusion of the EU from the talks is not surprising.

"The sidelining of the EU from the upcoming talks is hardly surprising, given that NATO, and particularly the U.S., serves as the main guarantor of security in CEE (Central and Eastern Europe)," Andrius Tursa, said Wednesday in a note.

In fact, the EU as a whole does not have a strong defense capacity it relies mostly on NATO, and to some extent on the U.S., when it comes to security.

But, regardless of its security capacities, there's a lot at stake for the EU in upcoming talks with Russia, including on the energy front.

The majority of natural gas going into Europe already comes from Russia. In 2020, this represented about 43% of the total gas imports to the bloc, according to Eurostat. And a key pipeline between Russia and Germany, Nord Stream 2, is hanging in the balance amid the ongoing tensions with the Kremlin this is a problem for Russia because it could be making more money from gas exports, and for the EU too because it could help containing some of the price increases registered in the last months.

Wolfgang Ischinger, former German ambassador to the U.S., told CNBC earlier this week that Nord Stream 2 is something that the EU can use to pressure Moscow.

"I think the pipeline represents a major item of leverage for us, if we handle it smartly," Ischinger, now chairman of the Munich Security Conference, told CNBC's Hadley Gamble.

Borrell's aim to be included in the talks with Russia comes almost a year after a "humiliating" trip to Russia.

The EU's top diplomat visited Moscow last February to voice the bloc's opposition against the arrest of Russian opposition politician Alexei Navalny. During the trip, Borrell was heavily criticized after failing to rebuff comments from his Russian counterpart that the EU was an "unreliable partner."

This took the EU-Russian relationship to a new low, according to political analysts.

However, concerns about a potential Russian invasion of Ukraine are complicating their relationship further.

"The conflict on the borders is on the verge of getting deeper and tensions have been building up with respect to the European security as a whole," Borrell said Wednesday.

It is estimated that about 100,000 Russian troops have been deployed to the country's border with Ukraine. Both countries have been at war since 2014 the year when Moscow annexed Crimea.

The Kremlin, for its part, has denied any plans to invade Ukraine.

However, Russia has demanded that NATO and the U.S. decrease their presence in eastern Europe and do not allow Ukraine to become a member of the military alliance.

One of the founding principles of NATO is that an attack against one of them is considered an attack against all.

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As the U.S. seeks to calm Russia tensions, Europe pushes to be included - CNBC

Outsider trading: A year after Brexit, how 5 small UK companies have fared – Marketplace

Amid all the dramas over COVID-19, its been easy to miss a significant milestone for Britain: the first anniversary of Brexit.Friday marked exactly 12 months since the United Kingdom finally severed the key remaining ties with the European Union, having formally ended its membership at the beginning of 2020.

The precise economic effects of this breaking away are difficult to assess; the U.K.s departure from the EU has, of course, coincided with the massive upheaval caused by COVID-19.

But we can at least get a sense of how some British exportershave fared during their first year outside the bloc and how they feel now about the U.K.s momentous decision to end its close, 47-year relationship with its European neighbors.

Marketplace has been checking in with some of the small-business owners both pro- and anti-Brexit that the show has interviewed in recent years.

Steve Hardeman is managing director of Clevedon Fasteners, a small rivet-making company with annual sales of around $6 million and a staff of 32.

Hardeman was a passionate supporter of Brexit because he believes that the EUmembership cramped the British economy by controlling its trade relations with the rest of the world and imposing burdensome regulations on British business.

For Hardeman, getting out would be a liberation. I felt that Brexit would unleash the manufacturing potential of the U.K., which is absolutely vast, he said.

But12 months after the U.K. departed the bloc, Hardeman is a little disillusioned.

He doubts that the current British government, which he said hasnt got a clue when it comes to manufacturing and industry,can make Brexit work for his company.

Officials, he said,were unable to offer useful guidance tobusinesses like his on the new trading relationship with the EU.And he believes the government bungled the Brexit negotiations by, for example, leaving the bloc with too much power over the British province of Northern Ireland.

It doesnt fill me with confidence that they are going to make as good a job of Brexit as could have been made, Hardeman said.

So far Brexit hasnt, in reality,had much of an impact on his business either way, while the pandemichas caused a lot more upheaval.

The opposite is true of another small company Marketplace has been following: British Boxers, which produces luxury nightwear and underwear.

The pandemic, Ill be frank, has been very good for business, said co-owner Darren Price. The lockdowns across Europe pushed our sales up by 50% because people are at home and they want to wear something comfortable. But Brexit has been a big problem.

The company depends on an intricate European supply chain that delivers decorative trim from France and fabric from the Netherlands, Portugal and Italy. Some of the manufacturing takes place in the Czech Republic, and many of the companys customers are in continental Europe.

Brexit has meant thatshipping in and out of the EU now involves a lot more paperwork and extra cost, which makes our margin smaller and our business less profitable, Price said.

Always opposed to Brexit, he is now more convinced than ever that leaving the EU was a big mistake.

Far from having a positive impact on trade,as was much mooted at the time, its making it far more difficult for us to export, he said. Weve grown a great deal over the past year, but not because of Brexit. Weve grown despite Brexit.

Lars Andersen, boss of the London-based firm My Nametags, feels the same about the decision to leave the EU. He exports around 40% of his products to the bloc, including personalized nametags for childrens clothing and other belongings.

Now that the U.K. is no longer a member state, Andersen faced bureaucratic hassles exporting to individual customers across the Continent. To get around that, he set up a subsidiary in Ireland, an EU member.Its not an entirely trouble-free solution.

Adds complexity, adds cost, adds a little bit of time, he said.

His life was so much easier, he said, when the U.K. was part of one huge European market. In my personal opinion, we should go back and gently ask if we can come back in. I realize that is probably not going to happen any time soon. But one can always hope, Andersen said.

Thats a sentiment the Brexitsupporting boss of our next company definitely does not echo.

Jules Morgan, head of KPM Marine, employs around 50 people and turns over around $8 million a year making pumps and other marine equipment. Morgan exports that equipment to more than 30 countries around the world, some of them in the EU.

These are high-value products one shipment might be worth up to $150,000 so, hesaid, the cost of the extra paperwork for his EU exports does not affect his bottom line. Its minuscule, he said.

Morgan does not regret voting for Brexit.

It wasnt only about trade. It was also about taking back control from Brussels. It was about restoring democracy, Morgan said.Im absolutely proud of what we did. We now have the freedom and the agility to make our own decisions.Im very optimistic.

Mark Nunan, boss of a small engineering company called Sarginsons, shares that optimism. Although he conceded that he did initially encounter some difficulties in exporting to and importing from the EU, these were short-lived. Once we knew what was required, it really hasnt been a problem, he said. Nothing we couldnt handle.

Business hasnt been easy for him over the past two years. The company specializes in lightweight, high-tech, aluminum components for the automotive industry. With sales of around $15 million a year and a workforce of 110, Sarginsonshas taken a big hit to the bottom line. Annual profits plunged byaround $1.3 million in 2020 and again in 2021.

But Nunan believes the supply chain disruptions and the labor shortages that hes sufferedwith along with many other companies in the EU and around the world have mostly been caused by the pandemic and not by Brexit.

Corona confuses the issue in a huge way, he said. But from our point of view,corona is far more of an issue than Brexit.

A banker by training, Nunan voted to leave the EUbecause he believes the bloc is financially unsustainable due to the euro. Yoking together 19 of the member states in a currency union, despite their different rates of economic development, is asking for trouble, he said. In fact, he expects the bloc to break up.

Nunan still believes the U.K. is much better off out of it. Id vote for Brexit again, he said.

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Outsider trading: A year after Brexit, how 5 small UK companies have fared - Marketplace

Three new European Capitals of Culture in 2022 – European Commission

Since 1 January 2022, three cities in Europe hold the title of European Capital of Culture for one year:Esch-sur-Alzette(Luxembourg),Kaunas(Lithuania), andNovi Sad(Serbia). Holding the title of European Capital of Culture gives cities the chance to boost their image, put themselves on the world map, promote sustainable tourism and rethink their development through culture. Vice-President for Promoting our European Way of Life, MargaritisSchinas,said:During the pandemic, culture was vital in our societies. It enabled the circulation of ideas and brought our communities closer together, beyond borders. This is exactly the ambition of the European Capitals of Culture initiative, which comes back in force in 2022 with three dynamic title-holders. I hope that Esch-sur-Alzette, Kaunas and Novi Sad will harness the full potential of culture to enrich our life experience and showcase their many positive impacts in terms of social integration, territorial cohesion and economic growth.Commissioner for Innovation, Research, Culture, Education and Youth, MariyaGabriel, said: The European Capital of Culture initiative illustrates the importance of culture in promoting the values on which our European Union is built: diversity, solidarity, respect, tolerance and openness. A successful Capital of Culture is a capital that is open to the world, illustrating our Union's willingness to promote culture as a driver for peace and mutual understanding worldwide.It is also inclusive and a tool to reach out, in particular the younger generation with the view to empowering it to become an actor of positive changes in the further development of our cities. This is also the ambition of the Union's European Year of Youth2022. I wish Novi Sad, Kaunas and Esch every success all along the year and beyond.After Luxembourg city in 1995 and 2007, this is now the turn of Esch-sur-Alzette, the second largest city in the country, to be crowned European Capital of Culture. Kaunas is the second city in Lithuania to hold the European Capital of Culture title after Vilnius in 2009. Kaunas' modernist architecture, which received theEuropean Heritage Label, will get renewed attention and host many cultural events. Novi Sad is the first European Capital of Culture in Serbia. The yearlong cultural programme of Novi Sad aims to further connect the city's and region's cultural community and inhabitants with the EU and reinforce their links with the rest of the Western Balkans area. More information is availableonline.

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Three new European Capitals of Culture in 2022 - European Commission