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).
The European Parliament voted in plenary in the last week of April 2024 to adopt new measures which will make packaging more sustainable. The measures are also aimed at reducing packaging waste in the EU. The approved text, which is in the form of an EU Regulation that will have to be directly applied accross all Member States in a harmonised fashion, aims to tackle constantly growing waste and boost the circular economy. Hong Kong sellers of all types of goods using packaging should be aware that the measures cover the full lifecycle of packaging.
The U.S. Court of International Trade ruled on 10 April that certain notebooks containing calendars are properly classified as diaries under HTSUS 4820.10.2010, which is a duty-free provision but faces Section 301 tariffs.
On 4 March 2025, the European Parliament and Council of the EU agreed on measures that will cover the full lifecycle of packaging, with a view to reducing packaging and packaging waste within the EU. Hong Kong sellers of all types of goods placed in packaging will also see restrictions imposed on certain packaging formats, pursuant to the agreed legal text. A ban on PFAS (“forever chemicals”) is also foreseen in food contact packaging.
As part of a continuous effort to gradually phase out the use of hazardous chemicals in the U.S. market, the U.S. Food and Drug Administration has announced that grease-proofing agents containing PFAS are no longer being sold by manufacturers for food contact use in the U.S. market.