UK Enforces 35% Import Tariff on Russian Whitefish With a Loophole Through China

The UK government announced a new 35% import duty on Russian whitefish in March 2022 which officially entered into force on the 19th of July. The main question by market participants is whether Russian whitefish imported into the UK through third countries like China falls under the new tariff, as a significant portion of UK imports from China of bottom fish species such as cod and pollock are of Russian origin.

The new tariff applies to whitefish caught by any Russian vessel. However, if Russian fish is ‘substantially processed’ outside Russia, the product obtains the origin of the last country in which it was substantially processed. This means that Russian whitefish processed in China and exported to the UK might not be subject to the new tariff. The law does not give examples of what processes would constitute “substantial processing”, it only gives examples of processes that cannot be considered “substantial processing” that is “economically justified”, leaving room for creative workarounds by market players.