Supreme Constitutional Court rules importers responsible for product origin verification

The Supreme Constitutional Court of Cyprus has ruled that importers bear the legal burden of proof regarding the accurate country of origin for goods they bring into the market. This decision was issued following a request from the Attorney General to clarify legal responsibilities in cases where post-import audits reveal that goods were manufactured in a country different from the one declared.

The case originated from a customs dispute involving the importation of bicycles from Sri Lanka. The European Anti-Fraud Office (OLAF) subsequently informed Cypriot customs authorities that an investigation revealed most bicycles exported by the specific firm were actually manufactured in China. These goods had been mislabeled as Sri Lankan-made to illegally evade anti-dumping duties imposed by the European Union on Chinese products.

This ruling clarifies that importers are strictly responsible for verifying the accuracy of origin documentation at the time of import, regardless of the claims made by foreign exporters. Consequently, the Customs Department can now pursue the recovery of unpaid duties from the importer based on these established legal parameters.