From the 26th of June 2018, additional customs duties of 25% on imports of yachts and boats originating from the U.S.A is applied in Italy. This duty is in addition to the 22% of Italian VAT already due on importation of yachts coming from every country.

The European Commission has adopted the Implementing Regulation (EU) 2018/724 amended with (EU) 2018/886 as a direct respond to the changes in trade policy of U.S.A.’s safeguard measure in the form of a tariff increase on imports effective from the 23rd of March and with unlimited duration.

The European Commission retain that these measures alter the equilibrium of the concession and obligations arriving from the agreement of the World trade organization (WTO) limiting importation into the USA for the sole scoop of protecting USA industries.

In the same way, the Commission states that these safeguard measures of increased customs duties from the U.S.A. can have economic effects definitely negative on the Union industry since they risk to limit the export from the Union of some products to the U.S.A.

For this reason, the Commission has decided to impose additional customs duties ad valorem of 25% on the importation of certain products into the EU including yachts and other vessels for pleasure or sports, identifying with the combined nomenclature codes;

8903 9110 – Sailing yachts with or without auxiliary engine

8903 9210 – motor yachts

More specifically the above two codes are related to sailing and motor yachts with a length superior or equal to 12m.

The above safeguard measure should not impact on second hand yachts coming from US but not originating (built) in the US; however today, there is not an official position of the Italian Customs due to the recent issue of the new regulation from the European Commission.

Important to point out is that the new Regulation (EU) 2018/886 do not include US yachts and boats navigating in Union waters under the temporary admission regime.

Ezio Vannucci,

Partner, Moores Rowland partners

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