mr. J. el Khalfioui LL.M.

, in Customs

Customs cannot start the doubts procedure once the case is in court

On 16 January 2026, the Dutch Supreme Court ruled in ECLI:NL:HR:2026:55 on how customs may challenge a declared customs value.

The case

On 24 April 2012, a Dutch company declared steel and iron fasteners bought from an Indonesian supplier, with a certificate of origin and a preferential rate of 0%. OLAF later found that the supplier made no fasteners in Indonesia and had shipped them from China. Dutch Customs claimed duty at 3.7% and anti-dumping duty.

The company had bought on delivered duty paid terms. It argued that the duties were therefore part of the price and should be left out of the customs value. Customs rejected this. During the court case, customs also ran the procedure of Article 140 of the Implementing Regulation to the Union Customs Code.

The ruling

Customs has two separate routes:

The court of appeal should not have limited customs to the second route. But the second route has a time limit. Once a court case about a demand for payment has begun, customs cannot use the result of a procedure run only at that stage. It would force the other party to help build the evidence against itself. In the objection phase, this is different.

The case returns to the Court of Appeal of Amsterdam, without the material obtained through that procedure.

What to check

mr. J. el Khalfioui LL.M.

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