8458530-v6\WASDMS 1 International Trade Compliance Fact Sheet (covering customs and other import requirements, export controls and sanctions, trade remedies, WTO and anti-corruption) | March 2019 For contact information and registration information, see our webinars, conferences, workshops section for the new webinar in our 16th annual Global Trade and Supply Chain webinar series 2019: How is international trade going? Keeping up with changing challenges”, as well as links to past webinars and other information about the event. In addition, there are links to videos, PowerPoint and handouts “Santa Clara Year-End Import and Export Review 2018″ and “Santa Clara Year-End Import and Export Review 2017″ and “Asia-Pacific International Business and Trade” november). For news related to international trade, visit our blog: For international trade compliance updates, visit www.internationaltradecomplianceupdate.com regularly. For more articles and updates on trade sanctions and export controls, visit http://sanctionsnews.bakermckenzie.com/ regularly. Resources and news about international trade, especially in Asia, can be found on our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. To find out how BREXIT (UK exit from the European Union) can affect your business, visit http://brexit.bakermckenzie.com/. For more news and commentary from around the world on compliance and regulations, please visit http://globalcompliancenews.com/. Note. Unless otherwise noted, all information in this update is taken from official bulletins and official websites of international organizations (UN, WTO, WCO, APEC, Interpol, etc.), the European Union, the European Free Trade Association, the Eurasian Economic Union. , and customs, newsletters or press releases for trade unions or government agencies. Specific sources are usually available by clicking on the blue hypertext links. Please note that, as a general rule, information related to fishing is not included. In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Relations Americas – North America – South America Asia Pacific Europe, Middle East & North Africa – EU – EFTA – Non-EU Countries – EFTA — Eurasian Economic Union (EAEU) — Middle East/North Africa Africa (excluding North Africa) Trade Compliance Actions — Import, Export, Intellectual Property, FCPA Newsletters, reports, articles, etc. Webinars, conferences, workshops, and etc. WTO TBT Notice CBP Decision: Withdrawal or Amendments to European Classification Rules Section 337 Actions Antidumping, Countervailing Duties and Safeguards Investigations, Orders and Reviews International Trade Compliance Update Editor Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] is required in some jurisdictions. Previous results do not guarantee similar results. See back page copyright and acknowledgments See back page copyright and acknowledgments Baker McKenzie International Trade Compliance News | March 2019 8458530-v6\WASDMS 2 World Trade Organization (WTO) Appellate Body appointed 25 February 2019 Mexico, speaking on behalf of 73 WTO Members at the 2019 Dispute Settlement Body (DSB) meeting, resubmitted the group’s proposal, urging the selection committee to appoint new members of the Appellate Body, submit candidates within 30 days, and the committee to publish a proposal within 60 days. There are currently four vacancies on the Appellate Body, normally composed of seven members, with two more members leaving in December. The United States reiterated that it could not agree to a joint proposal. As explained in previous meetings, the United States has indicated that the systemic problems it has identified remain unresolved. These concerns include appeal rulings that go far beyond the text of WTO rules in areas such as subsidies, anti-dumping duties, countervailing duties, standards and technical barriers to trade and safeguards. Although the appeal was limited to questions of law, the Appellate Body also rendered advisory opinions on matters not necessary to resolve the dispute and reviewed the panel’s factual findings. In addition, the US said that while WTO members have not yet agreed to the WTO’s system of precedents, the Appellate Body has said the commissions must abide by its decisions and are ignoring the 90-day deadline for issuing them. For more than a year, the United States has been calling on WTO members to correct the behavior of the Appellate Body, as if it had the right to allow former members of the Appellate Body to continue hearing appeals after their term expires. The United States will continue to insist that the WTO dispute settlement mechanism follow WTO rules and will continue to work hard to find solutions to these important issues. Over 20 WTO members intervened. These members largely confirmed the concerns expressed in previous DSB meetings that, given that the terms of two of the three remaining members of the Appellate Body expire in December, effectively rendering the Appellate Body incapacitated, the stalemate is a growing concern; members are required to fill emerging vacancies on the Appellate Body in accordance with Article 17.2 of the WTO Dispute Settlement Understanding: issues are separate issues and should not be related to each other. Many speakers welcomed the discussions held as part of the informal process initiated by the General Council to overcome the impasse in the selection of Appellate Body members and called on all members to actively participate. Recent Disputes Below are the most recent disputes submitted to the WTO. Clicking on the case number (“DS”) below will take you to a page on the WTO website for more information about this dispute. DS. No. Case Title Date DS578 Morocco – Final Anti-Dumping Action on School Workbooks from Tunisia – Tunisia Request for Consultation 02-27-19 DSB Actions Controversy The following actions have been taken or recorded. (Click on the ‘DS’ number for a summary of cases and ‘Events’ for the latest news or documents): The International Trade Compliance Update is a publication of Baker McKenzie’s international practice in international business and trade. Articles and reviews are intended to provide our readers with information about the latest legal developments and issues of importance or interest. They should not be regarded or relied upon as legal advice or opinions. Baker McKenzie advises on all aspects of international trade law. Comments on this update may be sent to the editor: Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] The grammar and date format of US English material has been retained from the original source, regardless of whether the material in quotation marks or not. Most translations of documents into languages other than English are unofficial, performed by automated processes, and provided for informational purposes only. Depending on the language, readers using the Chrome browser should automatically receive an English translation ranging from rough to excellent. Credits: Unless otherwise noted, all information is taken from official international organizations or government websites, their newsletters or press releases. Click on the blue hypertext link to access the original file. This update contains public sector information available under the UK Open Government License v3.0. In addition, the materials used have been updated in accordance with the policy implemented by the Commission Decision of the European Commission of 12/12/2011. Baker McKenzie International Trade Compliance Update March 2019 8458530-v6\WASDMS 3 No. DS Case Title Valid Date DS464 United States – Anti-Dumping and Countervailing Measures for Large Household Washing Machines from South Korea (Claimant: South Korea) Arbitrator Delivers Award 08 -02 -19 DS567 Saudi Arabia – Measures relating to the enforcement of intellectual property rights (Claimant: Qatar) Formation of an expert group 19-02-19 DS472 Brazil – Certain measures relating to taxes and fees (Claimant: EU) Reports from the EU and Brazil, Japan and Brazil 22-02-19 DS518 India – Certain Measures on Imports of Steel Products (Claimant: Japan) Appellate Body Communication DS573 Turkey – Air Conditioner Imports from Thailand Imposition of Additional Tariffs (Claimant: Thailand) Inquiry Commission Thailand 25-02-19 DS511 China – Domestic Support for Agricultural Producers (Applicant: USA) Group Report and Annex 28-02-19 DS529 Australia – Copy A4 Antidumping Measures (For Source: Indonesia) Group and Annex TBT Notification Under the Agreement on Technical Barriers to Trade (TBT Agreement), WTO members are required to report to the WTO all proposed technical regulations that may affect trade with other members. The WTO Secretariat circulates this information to all member countries in the form of a “Notice”. A separate section on WTO TBT notifications provides a summary table of notifications issued by the WTO over the past month. World Customs Organization (WCO) Announcements and Press Releases [dd-mm-yy] Date Title 01-02-19 MENA customs officials discuss growing participation of the region in WTO activities 05-02-19 WCO Regional Seminar on Free Zone/Special Customs Zone in the Middle East and North Africa, Tangier, Morocco at the end of its national TRS project WCO visit to Zimbabwe to support the implementation of an advanced management system 08-02- 19 Strengthening the Role of the National Coordinator for Capacity Building in the WCO European Region 12-02-19 WCO successfully piloted the recently launched Enhanced Post Clearance Audit workshop package in Malawi WCO successfully hosted the third WGRKC in El Salvador under the Mercator Program Scoping Session lays a solid foundation for further discussion of member proposals First Global Certification WCO Human Resource Management Seminar 13-02-19 Bosnia and Herzegovina advances AEO implementation News Baker McKenzie International Trade Compliance | 2019 March 8458530-v6\WASDMS 4 Date Title Bahamas Customs Updates Strategic Direction WCO Audit Committee holds 13th meeting 18-02-19 New ‘Group of Experts’ program to support WCA regional strategy launch in Côte d’Ivoire WCO Development in ESA Region Munich Security ECP Regional Trainers Meet to Address Illicit Trade in Transnational Organized Crime as a Border Security Issue Using WCO eLearning Module WCO Conducts Bangladesh Public Revenue Service (PCA) Post Clearance Audit UN Diagnosis Appreciates WCO Contribution to SDGs, security and protection of cultural heritage cooperation between customs and field operations in Oman MENA Region Customs Laboratory WCO Regional Workshop 25-02-19 WCO Risk Management and Compliance Workshop supports Thai Customs Anti gua and barbuda New WCO Strategic Plan with IT Diagnostics WCO Data Models Workshop supports Saudi Arabia Customs Modernization Program Malta Customs maximizes opportunities for small island economies 26-02-19 E-Commerce Working Group finalizes WCO comprehensive e-commerce package Supports Bahamas Classification, Origin and Grading System Oman Bayan Customs Project Wins Best Integrated Government Project Award Latest WCO News Available 27-02-19 Container Convention Administrative Committee Holds 17th Meeting WCO ESA Lithium Batteries Steering Committee II meets in Botswana 28-02-19 CEN provides training for the NCP in Malta at the RILO WE office. Cultural Heritage Training in Cuba under the WCO Program Sub-Kuala Lumpur (Malaysia) Global Shield Program Regional Workshop for Trainers Other International Issues CITES Notice to Contracting Parties The following notices have been issued: Date Title 01-02-19 2019/010 Minutes Seventieth Meeting Standing Committee 05-02-19 2019/011 Rhino Horn Stock Declaration 2019/012 Ivory Stock: Marking, Inventory and Security 07-02-19 2019/013 List of valid notices Annex: List of valid notices (total 127) 13-02 -19 1019/014 Eighteenth meeting of the Conference of the Parties – logistical update -v6\WASDMS 5 Date Name Commercial captive breeding 2019/016 Operational registration of breeding Annex I Animal species held in commercial captivity 25-02-19 2019/ 017 71st and 72nd Meetings of the Standing Committee FAS GAIN REPORT Below are the latest publications. The U.S. Foreign Agricultural Service (FAS) provides a non-exhaustive list in the Food and Agricultural Import Rules and Standards (FAIRS) series and the Exporter’s Guide on the Global Agricultural Information Network (GAIN), as in other reports related to food requirements. import and export. They contain valuable information on regulatory standards, import requirements, export guidelines and MRLs (Maximum Residue Levels). For information and access to other GAIN reports, visit the FAS GAIN Reports website. Brazil – Exhibition Report Myanmar – Exhibition Report Colombia – Exporter Guide Colombia – Exhibition Report Ethiopia – Exhibition Report EU – Exhibition Report EU – Exhibition Report EU – Exhibition Report France – Food Ingredients Ghana – Exhibition Report Ghana – FAIRS Report Guatemala – FAIRS Report Hong Kong – Deadline extended for maximum allowable contaminants for Hong Kong ginseng imports India – FSSAI Nutraceutical Directive India – Adjusted for alcoholic beverages Tags Japan – TRQ Formula in Exporter’s Guide Japan – Japan revise WTO Guarantees for Pork and Marukin Japan – Notify WTO of appointment of guanidinoacetic acid as feed additive Revised Fenitrothion Residue Standard – Notify WTO of Japan of revised Fluoropyrimidine Residue Standard – Notify WTO of Japan of revised standards and phytase specifications – Notify Japanese WTO of revision Residual Residue Standards for Tetraconazole – Notify WTO of Revised Residue Standards for Triefulin Product Ban Malaysia – Exporter Guidance Mexico – Baker McKenzie International Trade Standards Compliance FAIRS Report March 2019 8458530-v6\WASDMS 6 Mexico – FAIRS Report Morocco – Conformity Control of Imported Products Morocco – Food Labeling Requirements Morocco – Hides and Skins Import Requirements, 2019 Morocco – Assortment Approval Requirements for Imported Sowing Seeds Netherlands – Exporter’s Manual_The Hague_Netherlands Nicaragua – Exporter’s Manual Philippines – FAIRS Report Philippines – FAIRS Report Poland – GM Feed Ban Postponed for Two Years Romania – FAIRS Report Russia – EEU Food Amendment Draft Additives Technical Regulation Russia – FAIRS Report Korea – FAIRS Report Singapore – Exporter’s Guide Singapore – FAIRS Report Singapore – FAIRS Report Taiwan – Ta Jan 2019 USA Extended Product Inspection List Thailand – Guide for Exporters Tunisia – Specification and Labeling Requirements for Cheese-Like Products Tunisia – Control of Salmonella in Poultry – Livestock and Animal Products Law Tunisia – Law on Veterinary Control of Imported Animals and Animal Products Tunisia – Animal and Product Traceability List Tunisia – Food Additives Order Tunisia – Meat and Poultry Plants Tunisia – Animal Health Control at Borders Tunisia – Animal Health Fees for Imported Animals and Animal Products Turkey – Руководство для экспортеров Вьетнам – Обновления кодов ТН ВЭД для товаров, подлежащих импортной инспекции Америка – Северная Америка Канада Прочие правила и предложения Следующее документы, представляющие интерес для международных трейдеров, были опубликованы в Canadian Gazette. (Также показаны спонсирующие департамент, департамент или агентство. N=Уведомление, PR=Предлагаемое регулирование, R=Регламент, O=Приказ) Дата публикации Заголовок 02-02-19 Окружающая среда: Министерский номер условия 19668 (N) Министерский номер условия . 19768 (N) Указ № 2018-87-06-02 О внесении изменений в Перечень небытовых веществ (N) Указ № 2019-87-01-02 О внесении изменений в Перечень небытовых веществ (N) Окружающая среда/Здоровье : После скрининговой оценки двух веществ Публикация окончательного решения — Бензолсульфоновая кислота, 2,2′-(1,2-этилендиил)бис[5-[[4- Baker McKenzie International Trade Compliance Update | Март 2019 г. 8458530-v6\WASDMS 7 Дата публикации Название [бис(2-гидроксиэтил)амино]-6-(фениламино)-1,3,5-триазин-2-ил]амино]-, динатриевая соль (CI Fluorescent Brightener 28, динатриевая соль), CAS RN 4193-55-9 и бензолсульфоновой кислоты, 2,2′-(1,2-этендиил)бис[5-[[4-(4-морфолинил)-6-(фениламино)-1,3,5-триазин- 2-ил]амино]динатриевая соль (флуоресцентное отбеливающее средство FWA-1), CAS RN 16090-02-1 – в Национальном списке веществ (пункт 68(b) и (c)) или в разделе Канадского агентства по охране окружающей среды. 77(6) Закона 1999 г.) (N) Окружающая среда/Здоровье: Публикация окончательного решения после скрининговой оценки двух веществ – фосфористой кислоты, 2-этилгексилдифенилового эфира (ЭГДФП), CAS RN 15647-08-2 и фосфористой кислоты. , диизодецилфениловый эфир (DIDPP), CAS RN 25550-98-5 — включен в Перечень бытовых веществ (раздел 77(6) Канадского закона об охране окружающей среды, 1999 г.) (N) 02-06-19 Окружающая среда и изменение климата: Приказ № 2018-87-06-01 о внесении изменений в перечень бытовых веществ (S OR/2019-16, 23 января 2019 г.) (О) Окружающая среда и изменение климата: 2019-87-01- Приказ № 01 о внесении изменений в бытовое вещество Перечень (SOR/2019-19, 24 января 2019 г.) (O) Окружающая среда и изменение климата: Приказ № 2019-66-01-01 О внесении изменений в Национальный перечень веществ (SOR/2019-20, 24 января 2019 г.) (O ) Природные ресурсы: Приказ о внесении изменений в Приложение к Закону об импорте и экспорте необработанных алмазов (SOR/2019)-21, 28 января 2019 г.) (O) 02-09-19 ENVIR ONMENT: Уведомление о намерении внести поправки в список бытовых веществ в соответствии с разделом 87 (3) Закона Канады об охране окружающей среды 1999 г., чтобы указать, что раздел 81 (3) Закона применяется к вещ еству диизодецил адипинат, также известному как DIDA (N) Окружающая среда: Приказ от 2019-87-02-02 о внесении поправок в Список небытовых веществ (O) Окружающая среда/здоровье: Публикация окончательного решения после скрининговой оценки Одно вещество – диизодециладипат (DIDA), CAS RN 27178-16-1 – Обозначение в Перечне бытовых веществ (раздел 77(6)) e Канадский закон об охране окружающей среды, 1999 г.) (N) Окружающая среда/здоровье: В случае списка бытовых веществ (пункт 68(b) и (c) или Девять веществ в группе бензоатов, указанных в подразделе 77(6), были проверены и оценены для публикации окончательного решения) Закона Канады об охране окружающей среды, 1999 г.) (N) 02-16-19 ОКРУЖАЮЩАЯ СРЕДА/ЗДОРОВЬЕ: В ответ на три вещества в группе тримеллитата были проверены и оценены, и окончательное решение было опубликовано – 1,2,4-бензолтрикарбоновая кислота, трис(2-этилгексил) сложный эфир (TEHT), CAS RN 3319-31-1; 1,2,4-бензолтрикарбоксилат, смешанный разветвленный тридецил и изодециловые эфиры (BTIT), CAS RN 70225-05-7, и 1,2,4-бензолтрикарбоксилаттридециловый эфир (TTDT), CAS RN 94109-09-8 — Обозначение в Национальном списке веществ (раздел 77(6) Закон Канады об охране окружающей среды, 1999 г.) (N) Здравоохранение: уведомление о намерениях — в соответствии с табачными изделиями и реклама продукции для молодежи и пользователей нетабачных изделий Список веществ бытового назначения (SOR/2019-34, январь 2019 31) В соответствии с Законом Канады об охране окружающей среды 1999 г. (O) ОКРУЖАЮЩАЯ СРЕДА: Приказ 2019-87-02-01 о внесении изменений в Список Бытовые вещества (SOR/2014-32, 31 января 2019 г.) В соответствии с Законом Канады об охране окружающей среды 1999 г. (O)) ОКРУЖАЮЩАЯ СРЕДА: Приказ № 2019-112-02-01 о внесении 31 января 2019 г.) В соответствии с Законом Канады об охране окружающей среды 1999 г. (O) ИНОСТРАННЫЕ ДЕЛА: внесение поправок в контрольный список импорта в соответствии с Приказ ом (SOR/2019-37, 31 января 2019 г.) o Закон о лицензировании импорта и экспорта 02- 23-19 Окружающая среда: Министерское условие № 19725 (пункт 84(1)(a) Закона Канады об охране окружающей среды, 1999 г.) [C20-24-Alkane Hydroxy и C20-24-Alkene, натриевая соль, регистрационный номер службы Chemical Abstracts Service Registry No. 97766-43-3] Окружающая среда: Уведомление Baker о предлагаемых инструкциях по выпуску дисперсных желтых 3 и 25 других азодисперсных красителей для текстиля Отрасль McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 8 Ограничения Следующие документы, налагающие ограничения на импорт и экспорт, были опубликованы в Canadian Gazette или на правительственных веб-сайтах. Дата публикации Название 02-09-19 Общественная безопасность и готовность к чрезвычайным ситуациям: двухгодичный обзор списка организаций, созданных в соответствии со статьей 83.05 (N) Уголовного кодекса 2019-45, 11 февраля 2019 г.) Предварительное решение CBSA в соответствии с Уголовным кодексом публикует полное постановление на веб-сайте CBSA с согласия заявителя. В течение периода, охватываемого этим обновлением, CBSA не выносило дополнительных предварительных решений. D-меморандумы и CN, пересмотренные или аннулированные Ниже приводится список D-меморандумов Агентства пограничных служб Канады, таможенных уведомлений (CN) и других публикаций, которые были выпущены, пересмотрены или аннулированы в прошлом месяце. (Даты указаны в формате год/месяц/день.) Заголовок ссылки на дату 02-04-19 CN 18-17 Временные защитные меры в отношении импорта некоторых видов стали (пересмотренный) 02-19-19 D10-18-6 В порядке очереди – обслуживаемые сельскохозяйственные квоты по тарифным ставкам 02-28-19 CN 19-04 Раздел комментариев ниже с использованием общего кода подместа (9000) во всех видах транспорта. Мексика Diario Oficial Следующие документы, представляющие интерес для международных торговцев, опубликованы в Diario Oficial de la Federación: Примечание: Что касается стандартов, то в них перечислены только те, которые кажутся применимыми к международной торговле. (Показан неофициальный английский перевод.) Дата публикации Название 02-06-19 HACIENDA: Acuerdo продлевает срок действия acuerdos между Казначейством и Государственным кредитом и Sonora для временного ввоза и ввоза транспортных средств, говорится в сообщении федеральных органов, опубликовано 25 ноября 2005 г. 072-02- 19 ЭКОНОМИКА: Решение Акуэрдо 97, ведущее к обновлению исполнительного руководства Baker McKenzie по соблюдению требований международной торговли | Март 2019 г. 8458530-v6\WASDMS 9 Дата публикации Название Комиссия по соглашению о свободной торговле между Мексиканскими Соединенными Штатами и Республикой Колумбия, принятому 24 декабря 2018 г. 02-15-19 ЭКОНОМИКА: Соглашение о уточнении ввозимых товаров в рамках Договора о всеобъемлющем и прогрессивном транстихоокеанском партнерстве от 30 ноября 2018 года, квоты на некоторые текстильные и швейные товары, находящиеся в списке ограниченных поставок, и синтетическую одежду для младенцев Опубликовано . 02-22-19 ЭКОНОМИКА: Акуэрдо пересматривает классификацию и кодификацию углеводородов и нефти на основе диверсификации, импорт и экспорт которых требует предварительного разрешения министра энергетики. 26.02.19 HACIENDA: Акуэрдо раскрывает квоты на передачу национальных вод. Экономика: Правила реализации Плана развития и инноваций в индустрии программного обеспечения на 2019 финансовый год 02-27-19 Экономика: Правила реализации Плана повышения производительности и промышленной конкурентоспособности на 2019 финансовый год Антидемпинговые и компенсационные пошлины В Мексике не было антидемпинговых или компенсационных пошлин в Diario в прошлом месяце Опубликовано на официальном сайте. Соединенные Штаты [Согласно примечаниям Федерального реестра в разделе США: N = уведомление, FR = окончательное правило или приказ, PR = уведомление о предлагаемом нормотворчестве, AN = PR предварительное уведомление, IR = временное правило или приказ, TR = временное правило или приказ, RFI / FRC=Запрос информации/комментариев; H=Слушание или встреча; E=Продление времени; C=Исправление; RO=Возобновление на период комментариев; W=Отзыв. Обратите внимание: встречи, которые уже состоялись, могут не отображаться в списке. ] Президентские документы За последний месяц президент Трамп подписал следующие документы, касающиеся международной торговли или поездок, реформы регулирования, национальной безопасности, правоохранительной деятельности или связанной с этим деятельности: Дата Тема 02-05-19 31 января 2019 г. Исполнительный указ № 13858, Расширение преференций при закупках товаров США для инфраструктурных проектов 02-12-19 7 февраля 2019 г. Прокламация 9842 – Решение проблемы массовой миграции через южную границу Соединенных Штатов 02-13-19 декабря 2018 г. Меморандум от 21 января 2019 г. к разделу 1245 Закона об ассигнованиях на национальную оборону на 2019 финансовый год. Поправки партии к предотвращению международного финансирования от 2018 г. , 2019 г. – Объявление чрезвычайного положения на границе на юге США 02-21-19 Уведомление от 19 февраля 2019 г. – Продление действия чрезвычайного положения на Кубе и продление полномочий на регулирование стоянки судов и движения Уведомление от 19 февраля 2019 г. – Состояние Чрезвычайное положение в стране продолжается в Ливии Обновление Baker McKenzie International Trade Compliance | Март 2019 г. 8458530-v6\WASDMS 10 Президентская задержка увеличена на секунды. Торговые переговоры между США и Китаем достигли «существенного прогресса» 301 Список 3 Тарифы 24 февраля 2019 года президент Трамп объявил в Твиттере, что он отложит введение тарифов в отношении Китая и планирует встретиться с президентом Китая Си Цзиньпином для обсуждения возможного заключения торгового соглашения. В твите президента говорится: «Я рад сообщить, что торговые переговоры США с Китаем достигли существенного прогресса по важным структурным вопросам, включая защиту интеллектуальной собственности, передачу технологий, сельское хозяйство, услуги, валюту и многие другие. В результате этих очень продуктивных переговоров я буду откладывать повышение тарифов США, запланированное на 1 марта. Если обе стороны добьются большего прогресса, мы планируем провести встречу на высшем уровне между президентом Си и мной в Мар-а-Лаго для достижения соглашения. Это очень счастливые выходные для США и Китая! Продление президентом чрезвычайного положения в Ливии и на Кубе 21 февраля 2019 г. Федеральный реестр издал указ президента от 19 февраля 2019 г. о продлении чрезвычайного положения в Ливии сроком на один год, впервые объявленный указом № 13566 о национальном чрезвычайном положении ( 25 февраля 2011 г.). Чрезвычайное положение в стране продлится еще год, поскольку ситуация в Ливии по-прежнему представляет собой необычную и исключительную угрозу национальной безопасности и внешней политике США, что требует принятия мер по предотвращению передачи активов или других злоупотреблений со стороны семьи Каддафи, их сообщников и других лиц, находящихся в затруднительном положении. пути национального примирения в Ливии. 21 февраля 2019 г. Федеральный реестр опубликовал Уведомление президента от 19 февраля 2019 г. «Продление чрезвычайного положения на Кубе и продление полномочий по регулированию якорной стоянки и движения судов». Уведомление продолжает чрезвычайное положение в стране, впервые объявленное Постановлением 6867 от 1 марта 1996 г., расширенное Постановлением 7757 от 26 февраля 2004 г. и измененное Постановлением 9398 от 24 февраля 2016 г., Постановлением 9699 на основании беспорядков или угрозы беспорядков. международных отношений Соединенных Штатов, связанных с Кубой Чрезвычайное положение в стране продлевается еще на один год из-за несанкционированного захода любого зарегистрированного в Соединенных Штатах судна на территорию кубинских терьеров Ситуация на Кубе по-прежнему представляет собой необычную и исключительную угрозу для Национальная безопасность и внешняя политика Соединенных Штатов Обновления инициативы «Покупай американское, нанимай американское» Недавно было два обновления инициативы «Покупай американское, нанимай американское» (также известное как «лучшее соблюдение правил происхождения наших государственных закупок» инициатива), которые, по нашему мнению, будут иметь последствия для компаний. es, которые прямо или косвенно продают товары правительству.Первый из них — это недавний отчет Управления общей отчетности США (GAO), озаглавленный «Закон о покупках в Америке: действия, необходимые для улучшения отчетности об исключениях и отказах от прав и рекомендаций для отдельных агентств» (декабрь 2018 г.). рассмотрели, как Закон о покупке американских товаров от 1933 г. был реализован на рынке федеральных закупок на сумму более 500 млрд. долл. В частности, GAO изучило (i) как федеральное обновление соответствия требованиям международной торговли Baker McKenzie | март 2019 г. 8458530-v11\gWASDnover закупает иностранные ( продукты, не произведенные в США) посредством отказов и исключений Закона о покупке американских продуктов, и (ii) как 4 выбранных агентства (DOD, HHS, DHS и VA) проводят обучение и рекомендации по реализации Закона о покупке американских товаров. Короче говоря, GAO пришел к выводу, что из 508 миллиардов долларов, потраченных федеральным правительством в 2017 финансовом году, примерно 7,8 миллиардов долларов было потрачено на иностранные конечные продукты (с использованием отказов, исключений или вывода о том, что Закон о покупке американских товаров не применяется). помощи, GAO также обнаружило, что из-за ограничений в том, как данные сообщаются / собираются, непоследовательного обучения, предоставляемого сотрудниками по контрактам в агентствах, и ошибок, обнаруженных в проверенных образцах контрактов, эта сумма вполне может быть выше. , федеральные агентства не так хорошо, как должны, применяют положения Закона о покупке Америки к своим закупкам.Вторым является исполнительный указ, подписанный президентом Трампом в конце прошлого месяца, озаглавленный «Исполнительный указ об усилении преференций для покупки американских объектов инфраструктуры» («31 января , 2019 г.). Хотя в этом приказе в целом повторяются принципы, изложенные в предыдущем приказе, он распространяется на финансовую помощь, которую федеральные агентства предоставляют нефедеральным организациям-получателям (т. е. кредиты, гарантии по кредитам и т. д., гранты). администрации, федеральные агентства выделяют таким организациям финансовую помощь на сумму более 700 миллиардов долларов в год, и зачастую получатель s do not include Buy American considerations in their contracts. This executive order requires federal agencies to “encourage recipients of new Federal financial assistance awards . . . to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable against such Federal financial assistance award.” In short, federal agencies that provide financial assistance to non-federal entities (eg, state or municipalities) for projects need to “encourage” the entities that received federal financial assistance to include Buy American-type provisions in their contracts. As a result of these developments, we expect that Buy American Act/Trade Agreements Act compliance will become an even bigger enforcement priority. We expect that contracting entities, both at the federal and sub-federal level, will begin scrutinizing certifications as to country of origin/compliance more closely than has generally been done in the past. Accordingly, if you are selling directly or indirectly to the government, we recommend that you review your processes for ensuring that your “Buy America” certifications are accurate and auditable (ie, make sure you are conducting the right analysis and retaining the right supporting documentation). Companies that are confident in their programs should have a distinct advantage in this space for the foreseeable future. We hope this is helpful. If you have any questions about these issues, please let us know. [Author: Ted Murphy.] Bi-partisan legislation introduced to limit President’s power to impose tariffs On January 31, 2019, bipartisan bills HR 940 and S. 287 entitled, “Bicameral Congressional Trade Authority Act of 2019” were introduced in the House and Senate. The bills would amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security. The bills redefine and limit national security; transfer investigations under section 232 to the Secretary of Defense, rather than the Secretary of Commerce and transfer exclusion authority to the US International Trade Commission from Commerce. The bills would limit the time for the Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 12 import adjustments and require Congress to affirmatively agree to the import adjustments. The bills are retroactive and any action that does not receive Congressional approval would be terminated within a specified period. Reliquidations of entries is authorized. Although there were originally many co-sponsors when the bills were introduced, several have since withdrawn as co-sponsors. On February 6, 2019, HR 1008 and S.365, entitled “The Trade Security Act of 2019,” were introduced in the House and Senate. These bills would amend section 232 of the Trade Expansion Act of 1962 to require the Secretary of Defense to initiate investigations and to provide for congressional disapproval of certain actions. These bills also have co-sponsors from both parties. The Trade Security Act would not apply to the steel or aluminum tariffs currently in place. USTR releases 2018 reports on China’s and Russia’s WTO compliance On February 4, 2019, the Office of the US Trade Representative (USTR) released annual reports (required by law) assessing China’s and Russia’s implementation of their respective World Trade Organization (WTO) commitments. The US Trade Representative said China and Russia present unique and serious challenges for members of the WTO and the multilateral trading system, largely because of their failure to embrace the pursuit of open, market-oriented policies. China became a member of the WTO in 2001 and Russia joined the WTO in 2012. The complete report on China’s WTO compliance can be found here. The complete report on Russia’s WTO compliance can be found here. ITC revises schedules for Sec. 337 complaints On February 2, 2019, the US International Trade Commission (ITC) published in the Federal Register a notice of revised deadlines for Section 337 complaints pending before the ITC when normal operations were suspended due to a lapse in funding on December 22, 2019. The ITC has determined to extend by 35 days the dates by which it decides whether to institute investigations based on the four complaints entitled Certain Pocket Lighters, DN 3355, and Certain Pickup Truck Folding Bed Cover Systems and Components Thereof, DN 3356, the dates for which are February 11, 2019, and February 19, 2019, respectively. The ITC has determined to extend until February 28, 2019, its decisions whether to institute investigations based on the complaints entitled Certain Dental and Orthodontic Scanners and Software, DN 3357, and Certain Integrated Circuits and Products Containing the Same, DN 3358. ITC investigations The ITC initiated (I), te rminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 13 Date Investigation. no. and title Requested by: 02-04-19 Inv. Nos. TA-131-045 and TPA-105-106 US-UK Trade Agreement: Advice on the Probable Economic Effect of Providing Duty -free Treatment for Currently Dutiable Imports (Cancellation of Hearing) 02-15-19 Inv. no. 332-565 American Manufacturing Competitiveness Act; Effects of Temporary Duty Suspensions and Reductions on the US Economy (N) [Change in dates due to lapse in appropriation] Inv. Nos. TA-131-044 and TPA-105-005 US-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty -free Treatment for Current ly Dutiable Imports (N) [Change in dates due to lapse in appropriation] Inv. Nos. TA-131-045 and TPA-105-006 US-UK Trade Agreement: Advice on the Probable Economic Effect of Providing Duty -free Treatment for Currently Dutiable Imports (N) [Change in dates due to lapse in appropriation] 02-19-19 Inv. no. TPA-105-003 – United States-Mexico-Canada Agreement: Likely Impact on the US Economy and on Specific Industry Sectors (N) [Change in date for transmittal of Commission report to the President and Congress] Inv. no. 332-569 – US SME Exports: Trade-Related Barriers Affecting Exports of US Small- and Medium-Sized Enterprises to the United Kingdom (N) [Change in dates] Inv. no. TA-131-043 and TPA-105-004 – US-Japan Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports (N) [Change in date for transmittal of Commission report to the United States Trade Representative (USTR)] USTR 02-22-19 Inv. no. TA-204-013: Large Residential Washers: Monitoring Developments in the Domestic Industry (N) CBP publishes quarterly interest rates On February 20, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. For the calendar quarter beginning January 1, 2019, the interest rates for overpayments will be 5 percent for corporations and 6 percent for non-corporations, and the interest rate for underpayments will be 6 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and US Customs and Border Protection personnel. CBP changes location for 21st Century Customs Framework meeting On February 12, 2019, CBP published in the Federal Register a notice [Docket No. USCBP-2018-0045] announcing ac hange in location for “The 21st Century Customs Framework” public meeting to be held on Friday, March 1, 2019. The public meeting was held at the US Department of Commerce, Herbert Hoover Auditorium. “The 21st Century Customs Framework” seeks to address and enhance numerous aspects of CBP’s trade mission to better position the agency to operate in the 21st century trade environment. Through preliminary efforts, CBP has identified key themes for which CBP seeks public input: (1) Emerging Roles in the Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 14 Global Supply Chain; (2) Intelligent Enforcement; (3) Cutting-Edge Technology; (4) Data Access and Sharing; (5) 21st Century Processes; and (6) Self-Funded Customs Infrastructure. For brief descriptions of each theme please refer to the December 21, 2018 public meeting announcement in the Federal Register (83 Fed. Reg. 65703). COAC meeting set for February 27, 2019 On February 11, 2019, CBP published in t he Federal Register a notice [Docket No. USCBP–2019–0005] announcing the Commercial Customs Operations Advisory Committee (COAC) quarterly meeting on Wednesday, February 27, 2019, in Washington, DC. Agenda The COAC was scheduled to hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed: 1. The Secure Trade Lanes Subcommittee will present plans for the scope and activities of the Trusted Trader and CTPAT Minimum Security Criteria Working Groups. Recommendations will be presented regarding the proposed Forced Labor Trusted Trader Strategy. The subcommittee will also deliver recommendations from the Petroleum Pipeline Working Group for CBP to develop and codify uniform reporting procedures for pipeline carriers as well as entry and bonding procedures for importers. The subcommittee will also deliver recommendations from the InBond Working Group regarding potential automation and process enhancements. 2. The Intelligent Enforcement Subcommittee will provide necessary updates from the Anti-Dumping and Countervailing Duty, Bond, and Forced Labor Working Groups and recommendations from Intellectual Property Rights Working Group. 3. The Next Generation Facilitation Subcommittee will discuss the ECommerce Working Group’s progress on mapping the supply chains of various modes of transportation to identify the differences between e-commerce and traditional channels to address CBP’s strategic plan regarding e-commerce threats and opportunities for both the government and trade. The subcommittee will also provide an update on the status of the Emerging Technologies Working Group’s NAFTA/ CAFTA and Intellectual Property Rights Blockchain Proof of Concept Projects. Finally, the subcommittee will provide recommendations from the Regulatory Reform Working Group upon completing its review of Title 19 of the Code of Federal Regulations to identify regulations for potential r epeal or modification to eliminate or reduce costs and burdens for US businesses. Meeting materials are available at: https://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings/coac-february-2019-quarterly-meeting Miscellaneous CBP Federal Register documents The following documents not discussed above were published by CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.] FR Date Subject 02-04-19 Accreditation and Approval of Certispec Services USA, Inc. (Texas City, TX) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Inspectorate America Corporation (Corpus Christi, TX) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Intertek USA, Inc. (Texas City, TX) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Spectrum International LLC (Roselle, NJ) as a Commercial Gauger and Laboratory (N) Baker McKenzie International Tr ade Compliance Update | March 2019 8458530-v6\WASDMS 15 FR Date Subject Accreditation of AmSpec LLC (New Haven, CT), as a Commercial Laboratory (N) Accreditation of Dixie Services Inc. (Galena Park, TX) as a Commercial Laboratory (N) 02-06-19 Agency Information Collection Activities: Application for Extension of Bond for Temporary Importation [OMB Control No. 1651-0015] (N) [CBP Form 3173] 02-15-19 (CBP & US FOREST SERVICE) Notice of Availability of the Bog Creek Road Project Final Environmental Impact Statement and Draft Records of Decision 02-19-19 Agency Information Collection Activities: Canadian Border Boat Landing Permit [OMB Control No. 1651-0108] (N) [CBP Form I-68] 02-20-19 Agency Information Collection Activities: African Growth and Opportunity Act (AGOA) Textile Certificate of Origin [OMB Control No. 1651-0082] (N) Agency Information Collection Activities: Deferral of Duty on Large Yachts Imported for Sale [OMB Control No. 1651-0080] (N) Notice of Revocation of Customs Broke rs’ Licenses [by operati on of law without prejudice, for failure to file a triennial status report] (N) Notice of Revocation of Customs Broker’s License [by operation of law for failure to employ at least one qualifying individual who holds a valid customs broker's license] (N) 02-22-19 Accreditation of Altol Chemical and Environmental Laboratory, Inc. (Ponce, PR), as a Commercial Gauger (N) Accreditation and Approval of AmSpec LLC (Concord, CA) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of SGS North America, Inc. (St. Rose, LA), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Camin Cargo Control, Inc. (Richmond, CA), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of AmSpec LLC (Sulphur, LA) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of AmSpec LLC (Signal Hill, CA) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Camin Cargo Control, Inc. (Linden, NJ), as a Commerci al Gauger and Laboratory (N) Accreditation and Approval of SGS North America, Inc. (Corpus, Christi, TX), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Camin Cargo Control, Inc. (Corpus Christi, TX), as a Commercial Gauger and Laboratory (N) Accreditation of Altol Chemical and Environmental Laboratory, Inc. (Ponce, PR), as a Commercial Laboratory (N) Accreditation of Oil Technologies Services, Inc. DBA Seahawk Services (West Deptford, NJ) as a Commercial Laboratory (N) 02-25-19 Agency Information Collection Activities: P rotest [OMB Control No. 1651-0017] (N) [CBP Form 19] Agency Information Collection Activities: Exportation of Used SelfPropelled Vehicles [OMB Control No. 1651-0054] (N) 02-26-19 Agency Information Collection Activities: Holders or Containers which enter the United States Duty Free [OMB Control No. 1625-0035] (N) Agency Information Collection Activities: Importers of Merchandise Subject to Actual Use Provisions [OMB Control No. 1651-0032] (N) CBP issues final determinations in procurement cases CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 16 FR Date Ruling Reference (Date Issued) and Product Country of Origin 02-05-19 HQ H290670 (01-29-19) Certain Ethernet Switches, Routers and Network Cards (ALE USA, Inc.) United States HQ H300743 (01-29-19) Rhythmlink International, LLC’s Self-Adhesive Cutaneous Electrodes United States 02-28-19 HQ H300744 (02-02-19) Various Stimulating Probes (Rhythmlink International, LLC) United States Detention Orders (Withhold Release Orders) When info rmation reasonably but not conclusively indicates that merchandise within the purview of 19 USC §1307 (forced or convict labor) is being imported, the Commissioner of US Customs and Border Protection (CBP) may issue withhold release orders pursuant to 19 CFR § 12.42(e). The following withhold release orders were issued by the Commissioner during the period of coverage of this Update. Date Order № Merchandise Status 02-04-19 1 Tuna and Tuna Products (Seafood) from the Vanuatu Fishing Vessel: Tunago No. 61 Active Revocations or modifications of CBP rulings See separate section below. CBP issues instructions on importing products with 301 exclusions On February 8, 2019, US Customs and Border Protection (CBP) issued CSMS# 19-000052, entitled Submitting Imports of Products Excluded from Section 301 Duties. It is reproduced below: BACKGROUND: On December 28, 2018, the US Trade Representative published a Federal Register Notice (83 FR 67463) announcing the decision to grant certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China (Tranche 1). The product exclusions announced in this notice will be retroactive as of the July 6, 2018 effective date (see 83 FR 28710). The exclusions will extend for one year after the December 28, 2018 Federal Register notice (83 FR 67463). The exclusions are available for any product that meets the description in the Annex to 83 FR 67463, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex to 83 FR 67463, and not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of products excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) on February 10, 2019. INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS: Instructions on submitting entries to CBP containing products granted exclusions by USTR from the Section 301 measures are as follows: In addition to reporting the regular Chapters 84, 85 & 90 classification of the Harmonized Tariff Schedule of the United States (HTSUS) for the imported merchandise, importers shall report the HTSUS classification 9903.88.05 (Articles the product of China, as provided for in US note 20(h) to this subchapter, each covered by an exclusion granted by the US Trade Representative) for imported merchandise subject to the exclusion. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 17 Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.05 is submitted. ADDITIONAL INFORMATION: Duty exclusions granted by USTR are retroactive on imports to the initial effective date of July 6, 2018. To request an administrative refund for previous imports of dutyexcluded products granted by USTR, importers may file a Post Summa ry Correction (PSC) following the same entry filing instructions above. If the entry has already liquidated, importers may protest the liquidation. Reminder: When submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, please refer to CSMS 18-000657 (Entry Summary Order of Reporting for Multiple HTS in ACE). Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the FTZ provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. For more information, please refer to the December 28, 2018 Federal Register notice (83 FR 67463). Questions from the importing community concerning ACE entry rejections involving product exclusion numbers should be referred to their CBP Client Representative. Questions related to Section 301 entry filing requirements should be emailed to [email pr otected] . CBP allows filing of pre-TFTEA (Core) and TFTEA drawback claims with section 301 and/or 201 duties On February 8, 2019, CBP issued CSMS# 19-000050, entitled, Filing PRETFTEA (CORE) and TFTEA Drawback Claims with Section 301 and/or 201 Duties. The CSMS is reproduced below: GUIDANCE: Effective immediately, drawback filers can submit claims related to Section 301 and/or 201 duties. Filers will no longer receive error messages related to unit of measure (UOM) when transmitting drawback claims for Section 301 and/or 201 duties. Previously, filers received a UOM mismatch error because the underlying import did not have a UOM associated to a Chapter 99 HTSUS. If the filer left the UOM blank, they received an additional error message because the UOM is a mandatory data element field. FILING REQUIREMENTS: Filers are required to provide the Chapter 99 HTSUS tariff number related to Section 301 and/or 201 duties, and the associated Chapter 1 to 97 HTSUS tariff number on ALL claims. If any drawback claim subject to Section 301 and/or 201 duties was previously filed and accepted in ACE, the filers are required to “perfect” the claim. To “perfect” a claim, filers must contact their Drawback Specialist and request the claim be returned to trade control. The filers are then required to list both HTSUS tariff numbers (as described above) on their claims and resubmit to CBP within 5 business days. SUBSTITUTION AND NAFTA DRAWBACK CLAIM GUIDANCE: This guidance applies to both Section 301 and 201 duties. Goods subject to Section 232 are ineligible for refund of 232 duties, per Presidential Proclamation 9739 and 9740. Pre-TFTEA Substitution Claims: 301/201 duties are refundable, in full, on pre-TFTEA substitution claims. TFTEA Substitution Claims: 301/201 duties are refundable on TFTEA substitution claims, even if subject to the TFTEA lesser of [value] rule. If subject to Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 18 the TFTEA lesse r of [value] rule, the amount will be limited by the value of the substituted merchandise when it is lower than the value of the imported merchandise. NAFTA Claims (pre and post TFTEA): 301/201 duties may be refundable on NAFTA claims subject to the lesser of [duty] rule, but only when the total amount of Canadian/Mexican duties paid is higher than the total amount of duties paid in the United States. The amount of 301/201 duties refunded under the NAFTA lesser of [duty] rule will be limited by the total amount of duties paid on the merchandise imported into Canada/Mexico. 19 USC 1313(p) CLAIMS: Due to a pending technical fix, please do not file any 19 USC 1313(p) claims with the subject duties at this time. Future guidance will be sent once this issue has been resolved. If you have a 1313(p) claim on file with Section 301 and/or 201 duties, please do not request to “perfect” this claim until further guidance has been received. RESOURCES: The list of impacted tariff classifications f or Section 301 are found at the following links: https://www.cbp.gov/trade/programs-administration/entry-summary/section-301-traderemedies https://www.cbp.gov/document/guidance/section-301-htsus-reference-guide Federal Register 83 FR 28710 – http://www.gpo.gov/fdsys/pkg/FR-2018-06- 20/pdf/2018-13248.pdf Federal Register 83 FR 40823 – http://www.gpo.gov/fdsys/pkg/FR-2018-08- 16/pdf/2018-17709.pdf Federal Register 83 FR 47974 – http://www.gpo.gov/fdsys/pkg/FR-2018-09- 21/pdf/2018-20610.pdf Federal Register 83 FR 65198 – https://www.federalregister.gov/documents/2018/12/19/2018-27458/notice-of-modification-of-section-301-action-chinasacts-policies-and-practices-related-to For more information regarding Section 201 duties, please reference the following link: https://www.cbp.gov/trade/programs-administration/entry-summary/section-201- trade-remedies Contact your Client Representative for assistance with technical questions regarding t he input of the required tariff numbers. Direct questio ns regarding this update to [email protected] CSMS messages The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below. Date CSMS# Title 02-01-19 19-000033 2/7 Quota Opening: Solar Cells/Modules, Large Residential Washing Machine & Covered Parts 19-000034 FDA New and End-Dated CVM Subclass and PIC Codes 19-000035 Reminder FDA System Scheduled Maint.-FDA Unable to Process Entries Feb. 2, 3:00 to 8:00 02-04-19 19-000037 ACE PRODUCTION Cargo Release Deployment, Tuesday 2/5/2019 @0500ET 02-05-19 19-000038 Ports 3801, 3802 and 3807 Downtime Jan 28, 2019 19-000039 TFTEA Drawback Support Calls Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 19 Date CSMS# Title 19-000040 Contact Info Added: MQ Trade Gateway Migration -ACE PRODUCTION- Feb 9 @2200-0200ET 02-06-19 19-000041 Test IOR numbers fo r CERT KI Query 19-000042 19-000043 FDA ITACS (Import Trade Auxiliary Communication System) Planned Maintenance Thurs. 2/7/19 19-000045 ACE CERTIFICATION deployment, Thursday Feb 7, 2019 @ 0530 ET 02-07-19 19-000046 FDA Downtime 2/9/19 10 PM Eastern through 2/10/19 6 AM Eastern 19-000047 NMFS Imports of fish and fish products from Mexico: Updated List of Designated Officials 19-000048 Upcoming Retirement of Certain AM and ESM Reports on Feb. 21, 2019 02-08-19 19-000050 Filing PRE-TFTEA (CORE) and TFTEA Drawback Claims with Section 301 and/or 201 Duties 19-000051 Craft Beverage Modernization and Tax Reform Act of 2017 (CBMA) Trade Webinar 19-000052 Submitting Imports of Products Excluded from Section 301 Duties 19-000053 Updates and Clarifications to CBMA Filing Procedures and Requirements 02-10-19 19-000054 Completed: MQ Trade Gateway migration in ACE Production 19-000057 Resolved: Addnl Instruction: Trade filers are not receiving responses from CBP 19-000058 Resolved: Addnl Instructio ns: Trade filers are not receiving responses from CBP – 5:20 pm 02-11-19 19-000059 Seattle Port Closed February 11 19-0 00060 Updated 5106 CATAIR and Error Dictionary 19-000061 Update: Seattle Port Closed February 11 02-12-19 19-000062 Harmonized System Update (HSU) 1901 created 0n February 11, 2019 19-000063 ISF-5 Enforcement 19-000065 Seattle Port Closed Tuesday, February 12, 2019 19-000067 Update to restrictions on Fish from Mexico Caught with Gillnets for regulated tariff code 02-14-19 19-000071 Guidance on Entries and Summaries impacted by Vessel Fire on Yantian Express 02-15-19 19-000073 Additional PGA UI items deploying to ACE PRODUCTION, Sat. Feb 16, 2019 @ 2200 ET 19-000074 Craft Beverage Modernization and Tax Reform Act of 2017 Trade Webinar #3 – Feb 21, 2019 02-19-19 19-000075 CERT Deployment for ACE 5106 02-20-19 19-000076 Pending CORE Privilege Applications 19-000077 New ACE Deployment Date – March 16, 2019 19-000078 FDA Downtime 2/21/19 11 PM ET through 2/22/19 1 AM ET 19 -000079 Delays Processing FDA Entries 02-21-19 19-000080 Reminder – Upcoming Mandatory Transition to TFTEA Drawback 19-000081 Pending CORE Privilege Applications 02-22-19 19-000082 Update: ACE EPA CATAIR – New TSCA Certification Requirements for Composite Wood Products 19-000083 Updated Drawback Trade Issue Tracker Document 02-25-19 19-000085 This CSMS updates CSMS # 18-000744, 583 and 531 (Information about NMFS SIM program update 19-000086 ACE Statement Update transaction issues February 24-25, 2019 02-26-19 19-000087 Tips for Trade when filing an EPA TSCA Certification in ACE Updated 02-27-19 19-000088 Harmonized System Update (HSU) 1902 created o n February 26, 2019 19-000089 New Time: February 28, 2019 ACE Bi-Weekly Trade Call Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 20 Date CSMS# Title 19-000090 IOR Numbers for use in CERT KI testing 19-000091 AD/CVD Investigations: Certain Fabricated Structural Steel from Canada, Mexico, and PRC 02-28-19 19-000093 Updated Drawback CATAIR 19-000094 Updated 5106 CATAIR and Error Dictionary 19-000095 UPDATE- Section 301 Increased Duties Postponed 19-000096 TFTEA Drawback Trade Support Call Cancelled Tomorrow March 1 Foreign Trade Zones The following documents were published in the Federal Register by the ForeignTrade Zones Board: FR Date Document 02-06-19 Foreign-Trade Zone 106 – Oklahoma City, Oklahoma; Notification of Proposed Production Activity; Xerox Corporation (Polyester Latex for Printer/Copier Toner); Oklahoma City, Oklahoma [B-02-2019] Foreign-Trade Zone 50 – Long Beach, California Application for Subzone Fender Musical Instruments Corporation San Bernardino and Corona, California [S-03-2019] Approval of Subzone Status Albany Safran Composites LLC Rochester, New Hampshire [S-97-2018] Approval of Subzone Status; Future Electronics Distribution Center, LP; Southaven, Mississippi [S-185-2018] 02-08-19 Foreign-Trade Zone 193— Clearwater, Florida; Notification of Proposed Production Activity; Catalent Pharma Solutions, LLC; (Pharmaceutical Products); St. Petersburg, Florida [B–01–2019] Foreign-Trade Zone 75 — Phoenix, Arizona; Authorization of Production Activity; Microchip Technology, Inc.; (Semiconductor Devices and Related Products); Chandler and Tempe, Arizona [B–54–2018] Foreign-Trade Zone 271—Jo-Daviess & Carroll Counties, Illinois; Application for Subzone; Hartland Controls, LLC; Rock Falls, Illinois [S–8–2019] Foreign-Trade Zone 127—West Columbia, South Carolina; Authorization of Production Activity; Constantia Blythewood, LLC; (Flexible Packaging and Engineered Industrial Films); Blythewood, South Carolina [B–53–2018] 02-11-19 Foreign-Trade Zone 207— Richmond, Virginia; Authorization of Production Activity; Kaiser Aluminum Fabricated Products, LLC; (Aluminum Extrusions); Richmond, Virginia [B-55-2018] 02-13-19 Foreign-Trade Zone 68 – El Paso, Texas; Notification of Proposed Production Activity; The Woodbridge Group (Flame Laminated Textiles) El Paso, Tex as [B03-2019] 02-19-19 Foreign-Trade Zone 16—Sault Ste. Marie, Michigan; Application for Reorganization Under Alternative Site Framework [B-4-2019] Foreign-Trade Zone 18—San Jose, California; Subzone 18G Application for Expansion; Tesla, Inc., Livermore, California [S-15-2019] 02-21-19 Foreign-Trade Zone (FTZ) 44 – Trenton, New Jersey; Authorization of Production Activity; International Flavors & Fragrances, Inc.(Flavor and Fragrance Products), Hazlet, New Jersey [B-58-2018] 02-26-19 Foreign-Trade Zone 149 – Freeport, Texas, Authorization of Production Activity, DSM Nutritional Products, LLC (Vinylol), Freeport, Texas [B-57-2018] Foreign-Trade Zone 93 – Raleigh/Durham, North Carolina, Notification of Proposed Production Activity, GlaxoSmithKline, PLC (Pharmaceutical Products), Zebulon, North Carolina [B-05-2019] Foreign-Trade Zone 262 – Southaven, Mississippi Application for Subzone WPG Americas Inc. Southaven, Mississippi [S-23-2019] Foreign-Trade Zone 40 – Cleveland, Ohio, Applicatio n for Subzone Expansion, Swagelok Company, Ravenna, Ohio [S-21-2019] 02-27-19 Proposed Foreign-Trade Zone – Grand Junction, Colorado under Alternative Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 21 FR Date Document Site Framework [B-06-2019] Foreign-Trade Zone 59 – Lincoln, Nebraska; Application for Subzone; Adams Warehousing, LLC; Sidney, Nebraska [S-24-2019] Census updates Schedule B and HTS in AES The Schedule B, Harmonized Tariff Schedule (HTS), and HTS codes that are not valid for AES tables have been updated to reflect the changes to the 2019 codes effective January 1st, 2019. The typical grace period of 30 days will not be extended with this update. The Automated Export System (AES) will not accept shipments with outdated 2018 codes and reporting an outdated 2018 code will result in a fatal error. The ACE AESDirect program has been updated with the 2019 codes. The 2019 Schedule B and HTS tables are available for downloading at: http://www. census.gov/foreign-trade/aes/documentlibrary/#concordance The current list of HTS codes that are not valid for AES are available at: http://www.census.gov/foreign-trade/aes/documentlibrary/concordance/hts-notfor-aes.html Treasury lists countries requiring cooperation with an international boycott On February 6, 2019, the Treasury Department published in the Federal Register a current list of countries which require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information currently available to Treasury, the following countries require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates and Yemen. Application of US sanctions targeting Venezuela to PdVSA subsidiaries O n January 28, 2019, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) designated Petróleos de Venezuela, SA (“PdVSA”) as a Specially Designated National (“SDN”) under Executive Order 13850 of November 1, 2018. As a result, US Persons are prohibited from dealing with PdVSA as of January 28, unless authorized by OFAC. (For these purposes, US Persons are entities organized under US laws and their non-US branches; individuals and entities physically located in the United States; US citizens and permanent resident aliens (“Green Card” holders) wherever located or employed.) PdVSA’s SDN designation added to an already complex sanctions compliance landscape where entities owned by the Government of Venezuela (“GOV”) or by PdVSA are concerned. Although entities 50% or more owned by PdVSA would normally be subject to the same SDN restrictions as PdVSA itself, the current US restrictions on dealings with direct and indirect PdVSA subsidiaries (“PdVSA Subs”) are not so straig htforward due to the various executive orders (“EOs”), authorizations, general licenses (“GLs”), and published guidance from OFAC. (Baker McKenzie’s “Sanctions & Export Controls Update“ blog has Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 22 tracked these Venezuela sanctions developments here.) This article clarifies and summarizes the US sanctions that apply to (i) CITGO Holding, Inc. and its subsidiaries (“CITGO”), (ii) PDV Holding Inc. and its subsidiaries (“PDVH”), (iii) Nynas AB and its subsidiaries (“Nynas”), and (iv) all other PdVSA Subs. I. CITGO SDN Designation: CITGO is an SDN by virtue of being wholly owned by PdVSA. However, concurrent with PdVSA’s SDN designation, OFAC issued GL 7 that authorizes US Persons to engage in most transactions with CITGO through July 26, 2019. Accordingly, US Persons may deal with CITGO, except, under most circumstances, to the extent PdVSA/PdVSA Subs are involved. (GL 7 also authorizes CITGO to purchase a nd import petroleum or petroleum products from PdVSA/PdVSA Subs through April 27, 2019.) Although OFAC has not issued guidance on a potential extension of GL 7, it is possible that OFAC will adopt an approach of renewing this GL’s authorization to deal with CITGO every six months, as it has with GL 2F for SDN entities under US sanctions targeting Belarus. Financial Restrictions: Under GL 2, issued when OFAC first imposed financial sanctions targeting the GOV in August 2017, CITGO is exempt from virtually all sectoral/financial sanctions targeting the GOV under EO 13808. For example, CITGO is not subject to the 90-day “new debt” restrictions imposed on other PdVSA Subs. GL 2 has no expiration date. However, GL 2 does not cover the financial sanctions under EO 13835. US Persons remain prohibited from: purchasing any debt (eg, accounts receivable) owed to CITGO, dealing in any debt owed to CITGO that is pledged as collateral after May 21, 2018, and selling, transferring, assigning, or pledging collateral by the GOV of any equity interest in CITGO.二。 PDVH SDN Designation: PDVH is an SDN by virtue of being wholly owned by PdVSA. However, most transactions by US Persons with PDVH are authorized under GL 7 to the same extent as CITGO. Financial Restrictions: Unlike CITGO, PDVH is not covered by GL 2 and thus is subject to the financial sanctions under EO 13808 and 13835. The EO 13808 sanctions mean that US Persons are prohibited from: dealing in “new debt” (eg, extensions of credit, loans, payment terms) with a maturity of greater than 90 days of PDVH; bonds issued by PDVH prior to August 27, 2017; dividend payments or other distribution of profits to the GOV from PDVH; and purchasing securities from PDVH, other than securities qualifying as “new debt” Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 23 with a maturity of less than or equal to 90 days.三、 Nynas SDN Designation: Nynas is an SDN like CITGO and PDVH because Nynas is 50% owned by PdVSA. Under GL 13, Nynas however benefits from authorizations similar to those for CITGO and PDVH under GL 7. GL 13 authorizes US Persons to engage in most transactions with Nynas (ie, except to the extent PdVSA/PdVSA Subs are involved) through July 26, 2019. Thus, US Persons may generally deal with Nynas (eg, supply and receive products, make and receive payments). This GL 13 authorization covers banks processing US-dollar payments related to Nynas. As with GL 7, OFAC has not issued guidance regarding a potential extension of GL 13 beyond July 26, but this GL may also benefit from OFAC’s six-month renewal practice for these types of GLs. Non-US parties dealing with Nynas are not subject to US sanctions jurisdiction so long as no US nexus (eg, US Persons, US dollar payments) is involved. However, even where there is a US nexus to a transaction involving Nynas and a non-US party, such transactions are authorized pursuant to GL 13. Financial Restrictions: Like PDVH, Nynas remains subject to US financial restrictions under EO 13808 an d EO 13835, as described above. Such restrictions will be relevant primarily where: (a) a US Person receives payment from or extends credit to Nynas, which must be paid/repaid within 90 days (regardless of currency), or (b) a non-US party receives payment from or extends credit to Nynas involving US dollars, which must also be paid/repaid within 90 days.四、 Potential Secondary Sanctions Issues Related to CITGO, PDVH, and Nynas EO 13850 includes language under which parties deemed by OFAC to have “materially assisted, sponsored, or provided financial, material, or technological support for” an SDN could be targeted by US sanctions. If OFAC adopts its usual approach to non-US persons dealing with SDNs with which US Persons are broadly permitted to deal by virtue of GLs or otherwise, US secondary sanctions risk should not apply to CITGO, PDVH, or Nynas. In this respect, OFAC has advised in the context of other US sanctions programs that SDN-related transactions will not be subject to US s econdary sanctions if US Persons would not require a specific license from OFAC to engage in such activity (see OFAC FAQs 574, 579, and 589 for certain Russian SDN entities designated in April 2018 and ultimately delisted by OFAC). V. Other PdVSA Subs Other PdVSA Subs are considered to be SDNs, and US Persons are broadly prohibited from dealing with them without an OFAC authorization. That said, OFAC has issued a number of additional GLs authorizing certain activities involving other PdVSA Subs. Most relevant for parties dealing with other PdVSA Subs, GL 12 authorizes: through February 26, 2019 transactions ordinarily incident and necessary to the wind down of operations, contracts, or other agreements, including the importation into the United States of goods, services, or technology not otherwise authorized in GL 12, involving PdVSA/PdVSA Subs that were in effect prior to January 28, 2019; and Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 24 through April 27, 2019 transactions ordinarily incident and necessary to the purchase and importation into the United States of petroleum or petroleum products from PdVSA/PdVSA Subs. We discussed other GLs related to PdVSA in our previous blog post, available here. In our view, it is unlikely that the PdVSA-related GLs with expiration dates (other than GL 7 and GL 13 as discussed above) will be extended. If you have any questions, please contact the authors, Nicholas F. Coward, Terence Gilroy, Alexandre (Alex) Lamy and Meghan Hamilton, or any member of the US Outbound Trade group with whom you normally work. OFAC amends PdVSA-related general licenses and issues new and revised Venezuela FAQs On January 31, 2019, OFAC issued eleven new FAQs and amended two existing FAQs in connection with the designation of Petróleos de Venezuela, SA (“PdVSA”) as a Specially Designated National (“SDN”) pursuant to Executive Order 13850 on January 28, 2019. In addition, on February 1, 2019, OFAC amended two PdVSA-related general licenses (“GL”) and issued two additional FAQs describing the scope of those amendments, which modify the terms under which certain transactions involving PdVSA bonds and securities are authorized. Our prior blog post on the SDN designation of PdVSA and the previously issued Venezuela GLs is available here. General License 3B General License 3A (“GL 3A”) was reissued as General License 3B (“GL 3B”) and authorizes transactions related to, the provision of financing for, and other dealings in the bonds specified in the Annex to GL 3B, provided that any divestment or transfer of, or facilitation of divestment or transfer of, any holdings in such bonds be to a non-US person. OFAC also moved some bonds identified in the GL 3A Annex to the amended version of General License 9 (“GL 9”) that OFAC issued at the same time as GL 3B. While GL 9 included the requirement that US Persons divesting PdVSA debt must transfer any such holdings to non-US persons, GL 3A did not in clude that requirement when it was issued on January 28, 2019. GL 3A (and its predecessor General License 3) both authorized US Persons to continue dealing in identified bonds issued by PdVSA and other entities owned or controlled by the Government of Venezuela. In addition, GL 3B includes a new provision authorizing certain transactions to facilitate, clear, and settle trades of holdings in the bonds specified in the GL 3B Annex , provided such trades were placed prior to February 1, 2019 at 4:00 pm EST. It also now authorizes certain transactions to wind down financial contracts or other agreements entered into prior to February 1, 2019 involving the bonds specified in the GL 3B Annex, through March 2, 2019. FAQ 662 provides updated guidance about GL 3B’s revised scope. General License 9A GL 9 was re-issued as General License 9A (“GL 9A”) and authorizes transactions that are ordinarily incident and necessary to dealings in “PdVSA securities” issued prior to August 25, 2017. In GL 9A, “PdVSA securities” covers debt (includ- Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 25 ing the bonds listed in the GL 9A Annex, promissory notes, and other receivables) of, or equity in, PdVSA or any entities owned 50% or more by PdVSA. GL 9A includes a new provision authorizing transactions to facilitate, clear, and settle trades of holdings in PdVSA securities placed before January 28, 2019 at 4:00 pm EST. It also now authorizes certain transactions through March 2, 2019 to wind down financial contracts or other agreements entered into prior to January 28, 2019 at 4:00 pm EST involving PdVSA securities issued prior to August 25, 2017. GL 9A did not change the authorization in GL 9 for transactions that are ordinarily incident and necessary to dealing in bonds issued prior to August 25, 2017 by the following PdVSA entities and their subsidiaries: PDV Holdings, Inc., CITGO Holdings, Inc., and Nynas AB. FAQ 661 provides updated guidance about GL 9A’s revised scope. OFAC FAQs In addition, revised FAQ 595 clarifies that General License 5, which authorizes certain transactions related to the PdVSA 2020 8.5 Percent Bond, remains in effect despite PdVSA itself being designated as an SDN. Revised FAQ 648 provides additional guidance on what activities are considered “maintenance” as the term is used in the PdVSA-related GLs. Finally, the newly issued FAQs 650-660 provide additional guidance on issues arising in connection with the SDN designation of PdVSA and the scope of the previously issued GLs. FAQs 652 and 653 provide guidance about issues related to mutual funds and exchange traded funds that engage in transactions involving or tracking holdings in SDN entities. OFAC’s guidance in these two FAQs is not limited to SDNs designated under US sanctions targeting Venezuela. If you have any questions, please contact the authors, Nicholas F. Coward, Alexandre (Alex) Lamy and Daniel Andreeff, or any member of the US Outbound Trade grou p with whom you normally work. Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS): FR Date Applicable orders 02-01-19 OFAC: Notice of OFAC Sanctions Actions; Sanctions Actions Pursuant to Executive Order 13661 and Executive Order 13662 (N) [Removal of 3 entities] 02-08-19 OFAC: Notice of OFAC Sanctions Actions (N) [7 individuals, 23 entities, 1 aircraft] 02-11-19 OFAC: Notice of OFAC Sanctions Actions [Case ID VENEZUELA–EO13850– 15615] (N) [1 entity] 02-15-19 OFAC: Notice of OFAC Sanctions Actions (N) [1 individual] 02-19-19 OFAC: Notice of OFAC Sanctions Actions (N) [2 entities, 10 individuals] 02-26-19 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals, 4 entities] Orders denying export privileges During the past month, the following orders were published: Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 26 FR Date Subject 02-04-19 BIS: Alexander Fishenko BIS: Eduard Roel Vazquez BIS: Joel Prado, Jr BIS: Jose Jesus Campos-Flores BIS: Veronica Trujillo 02-05-19 BIS: Shavkat Abdullaev Treasury, Commerce, Homeland Security and State meetings and notices related to trade AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE. [Note: Only meetings which occur after scheduled distribution of this Update are listed.] FR Date Subject 02-08-19 BIS: Submission for OMB Review; Comment Request; Procedures for Submitting Request for Objections From the S ection 232 National Security Adjustments of Imports of Aluminum and Steel [OMB Control Number: 0694–0138] (N) 02-11-19 BIS: Procedures for Submitting Rebuttals and Surrebuttals Requests for Exclusions from and Objections to the Section 232 National Security Adjustments of Imports of Steel and Aluminum. Form Number: 0694–0141 (N) [OMB Control Number: 0694–0141] 02-12-19 STATE: Notice of Information Collection Under OMB Emergency Processing: Three Information Collections related to the United States Munitions List, Categories I, II and III [Public Notice 10646] (N) [DDTC Forms: DSP-61, 73, 85] STATE: 30-Day Notice of Proposed Information Collection: Annual Brokering Report [Public Notice 10629] (N) [DDTC} STATE: 30-Day Notice of Proposed Information Collection: Brokering Prior Approval [Public Notice 10660] (N) [DDTC Form DS–4294] 02-13-19 STATE: 30-Day Notice of Proposed Information Collection: Statement of Registration [Public Notice 10669] (N) [DDTC Form DS-2032] 02-14-19 ITA: Propose d Information Collection; Comment Request; Interim Procedures For Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports from Korea (N) 02-19-18 BIS: Proposed Information Collection; Comment Request; Chemical Weapons Convention Declaration and Report Handbook and Forms (N) ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N) [March 7, 2019] ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N) [March 19-20, 2019] 02-20-19 BIS: Materials Processing Equipment Technical Advisory Committee; Notice of Open Meeting (N) [March 5, 2019] 02-20-19 ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty (N) 02-22-19 ITA: Submission for OMB Review; Comment Request – Foreign-Trade Zone Applications [OMB Control No. 0625-0139] (N) STATE: Notice of Information Collection Under OMB Emergency Review: Three Information Coll ections Related to the United States Munitions List, Categories I, II and III; Correction (N/C) 02-25-19 ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N) [March 26, 2019] ITA: President’s Advisory Council on Doing Business in Africa (N) 02-28-19 BIS: Submission for OMB Review; Comment Request; Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum [OMB Control No. 0694-0139] State: DDTC: Notifications to the Congress of Proposed Commercial Export Licenses [Public Notice: 10687] (N) [61 notifications] Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 27 FTC continues to look at “Made in USA” and similar claims This month, the Federal Trade Commission (FTC) posted a letter dated February 5, 2019 regarding overstating of “Made,” “Built,” or “Manufactured” in the USA claims. The letter was addressed to the attorneys representing Whiteside Machine & Repair Co., Inc. and concerned the extent to which Whiteside products, including router bits, are made in the United States. Specifically, although Whiteside performs some manufacturing functions in the United States, the FTC said that many of its products contain significant imported components. The letter reiterated the FTC’s long-held position that ‘unqualified US-origin claims in marketing materials – including claims that products are “Made,” “Built,” or “Manufactured” in the USA- likely suggest to consumers that all products advertised in those materials are “all or virtually all” made in the United States.’ The letter states: As discussed, unqualified US-origin claims in marketing materials – including claims that products are “Made,” “Built,” or “Manufactured” in the USA- likely suggest to consumers that all products advertised in those materials are “all or virtually all” made in the United States. The Commission may analyze a number of different factors to determine whether a product is “all or virtually all” made in the United States, including the proportion of the product’s total manufacturing costs attributable to US parts and processing, how far removed any foreign content is from the finished product, and the importance of the foreign content or processing to the overall function of the product. The Commission has noted that “[w]here a product is not all or virtually all made in the United States, any claim of US origin should be adequately qualified to avoid consumer deception about the presence or amount of foreign content. In order to be effective, any qualifications or disclosures should be sufficiently clear, prominent, and understandable to prevent deception.” In blatant cases, the FTC pursues enforcement action. However, although the FTC can bring enforcement actions, it frequently will try to work with companies to bring them into compliance through remedial actions. In deciding not to pursue the Whiteside matter further, the FTC pointed out that: To avoid de ceiving consumers, Whiteside implemented a remedial action plan to update and qualify its representations. For Whiteside’s own materials, the Company: (1) stickered over outdated claims on product packaging; (2) updated online marketing materials; and (3) printed new catalogues, signs, banners, and product packaging. Whiteside also sent a detailed communication to dealers requiring them to: (1) sticker over claims on products in their possession; (2) remove potentially deceptive point-ofsale materials; and (3) update dealer controlled online materials, including websites and social media accounts. As discussed, it is appropriate for the Company to promote the fact that it is American owned, employs workers, or performs certain processes in the United States, provided that marketing materials do not overstate the extent to which Whiteside’s products are made in the United States. Additionally, FTC staff is available to work with companies to craft qualified claims that serve the dual pu rposes of conveying non-deceptive information to consumers and highlighting work done in the United States. In a footnote, the FTC pointed out that additionally, beyond express “Made in USA” claims, “ [d]epending on the context, US symbols or geographic references, such as US flags, outlines of US maps, or references to US locations of headquarters or factories, may, by themselves or in conjunction with other phrases or images, convey a claim of US origin.” The FTC’s policy statement was published in Federal Trade Commission, Issuance of Enforcement Policy Statement on “Made in USA “ and Other US Origin Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 28 Claims, 62 Fed.注册。 63756, 63768 (Dec. 2, 1997), and appears on the FTC website here. A booklet entitled “Complying with the Made in USA Standard“ may be downloaded from the FTC website. Companies should ensure that their marking and advertising claims comply with the FTC standard. Our International Commercial and Trade group has extensive experience in assisting companies in this area. Feel free to contact Ted Murphy, Stuart Seidel or any member of the practice with whom you normally work. FTC and CPSC Federal Register documents The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month: FR Date Subject 02-14-19 FTC: Adjustments to Civil Penalty Amounts (FR) FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders: FR Date Subject 02-04-19 Labeling for Human Prescription Drug and Biological Products Approved Under the Accelerated Approval Regulatory Pathway; Guidance for Industry; Availability [Docket No. FDA–2014–D–0250] (N) 02-08-19 Pilot Project Program Under the Drug Supply Chain Security Act; Program Announcement [Docket No. FDA–2016–N–0407] (N) 02-15-19 Agency Information Collection Activities; Proposed Collection; Comment Request; Exports: Notification and Recordkeeping Requirements [Docket No. FDA2014-N-0801] OMB Control Number 0910-0482 (N) 02-26-19 Sunscreen Drug Products for Over-the-Counter Human Use [Docket No. FDA1978-N-0018] (formerly Docket No. FDA-1978-N-0038) (PR) 02-28-19 Change of Address; Technical Amendment [Docket No. FDA-2019-N-0646] (FR) Food Additives Permitted in Feed and Drinking Water of Animals; Gamma-Linolenic Acid Safflower Oil [Docket No. FDA-2017-F-4511] (FR) USDA documents During the past month, US Department of Agriculture (USDA) agencies issued the following Federal Register notices which may be of interest to inter national traders. [USDA=OFFICE OF THE SECRETARY, APHIS= ANIMAL AND PLANT HEALTH INSPECTION SERVICE, FAS=FOREIGN AGRICULTURAL SERVICE, AMS=AGRICULTURAL MARKETING SERVICE, FSIS=FOOD SAFETY INSPECTION SERVICE]: FR Date Subject 02-01-19 AMS: Removal of US Grade Standards [Document Number AMS-SC-18-0081, SC-19-326] (IR/RFC) 02-04-19 AMS: Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Membership [Document Number AMS-SC-18-0016] (FR) 02-05-19 AMS: Amendments to the Regulations Governing Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards) [No. AMS-LP-16-0080] (PR) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 29 FR Date Subject 02-06-19 APHIS: Subpart Nomenclature Change [Docket No. APHIS–2018–0070] (FR) 02-11-19 AMS: Mushroom Promotion, Research, and Consumer Information Order; Reallocation of Council Membership [Document No. AMS–SC–18–0009] (PR) 02-15-19 AMS: Nati onal Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances for April 2018 NOSB Recommendations (Crops and Handling) [Document No. AMS–NOP–18–0051; NOP–18–02] (PR) 02-20-19 AMS: Processed Raspberry Promotion, Research, and Information Order; Termination of Assessments [Document No. AMS-SC-18-0093] (FR) [covers producers and importers] US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Foods (N/H/RFC) [April 1, 20-19] US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on General Principles (N/H/RFC) [Feb. 25, 2019] US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and Sampling (N/H/RFC) [May 6, 2019] 02-21-19 AMS: Mango Promotion, Research and Information Order; Amendment to Include Frozen Mangos [Document No. AMS-SC-17-0002] (FR) [importers of frozen mangos will be assessed one cent ($0.01) per pound on frozen mangos. Als o, the National Mango Board's (Board) membership will be expanded from 18 to 21 with the addition of two importers of frozen mangos and one foreign processor.] AMS: Mango Promotion, Research and Information Order; Referendum on Inclusion of Frozen Mangos [Document No. AMS-SC-18-0023] (N) 02-22-19 AMS: Grain Export Registration Renewal Information [DOC.不。 AMS–FGIS– 18–0087] (N) 02-25-19 US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Pesticide Residues (N/H) 02-27-19 APHIS: Notice of Availability of an Environmental Assessment for the Release of Biological Control of Brazilian Peppertree [Docket No. APHIS-2018-0075] (N) Additional Federal Register documents The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies: FR Date Subject 02-01-19 US FISH AND WILDLIFE SERVICE (FWS): Agency Information Collection Activities; Declaration for Importation or Exportation of Fish or Wildlife [FWS–HQ–LE– 2018–N149; FF09L00200–FX–LE18110900000; OMB Control Number 1018– 0012] (N/RFC) FEDERAL ENERGY REGULATORY COMMISSION (FERC): Civil Monetary Penalty Inflation Adjustments [Docket No. RM19–9–000; Order No. 853] (FR) 02-05-19 ENERGY: Appliance Standards and Rulemaking Federal Advisory Committee: Notification of Public Meeting s for the Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps Working Group to Negotiate a Notice of Proposed Rulemaking for Test Procedures and Energy Conservation Standards [EERE-2018-BT-STD-0003] (N/H) ENVIRONMENTAL PROTECTION AGENCY (EPA): Fenoxaprop-ethyl, Flufenpyr-ethyl, Imazapyr, Maleic hydrazide, Pyrazon, Quinclorac, Triflumizole, et. al.; Proposed Tolerance and Tolerance Exemption Actions [EPA-HQ-OPP-2017-0418; FRL-9970-24] (PR) 02-06-19 EPA: Civil Monetary Penalty Inflation Adjustment Rule [FRL-9988-90-OAROECA] (FR) [Also see correction on 02-25-19] EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2018-0577; FRL9987-08] (N/RFC) 02-07-19 COMMERCE: Civil Monetary Penalty Adjustments for Inflation [Docket No. 181218999–8999–01] (FR) DRUG ENFORCEMENT ADMINISTRATION (DEA): Control of Immediate Precursor Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 30 FR Date Subject Used in the Illicit Manufacture of Fentanyl as Schedule II Controlled Substances; Correction [Docket No. DEA–305] (FR/C) ENERGY: Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnace Fans; Correction [EERE–2010– BT–STD–0011] (FR/C) EPA: Glycine betaine; Exemption From the Requirement of a Tolerance [EPA– HQ–OPP–2018–0163; FRL–9987–42] (FR) FEDERAL COMMUNICATIONS COMMISSION (FCC): Annual Adjustment of Civil Monetary Penalties To Reflect Inflation [DA 18–1272] (FR) FEDERAL MARITIME COMMISSIOn (FMC): Inflation Adjustment of Civil Monetary Penalties [Docket No. 19–01] (FR) NUCLEAR REGULATORY COMMISSION (NRC): Adjustment of Civil Penalties for Inflation for Fiscal Year 2019 [NRC–2017–0088; 3150–AK02] (FR) 02-08-19 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standards; Event Data Recorders [Docket No. NHTSA–2012– 0177] (PR/W) EPA: Receipt of Information Under the Toxic Substances C ontrol Act [EPA– HQ–OPPT–2013–0677; FRL–9987–29] (N) EPA: Extension of Review Periods Under the Toxic Substances Control Act; Certain Chemicals and Microorganisms; Premanufacture, Significant New Use, and Exemption Notices; Delay in Processing Due to Lack of Authorized Funding [EPA–HQ–OPPT–2019–0021; FRL–9989–21] (N) EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for September 2018 [EPA–HQ–OPPT–2018–0097; FRL–9986–72 (N) GENERAL SERVICES ADMINISTRATION (GSA): Notice of Availability and Announcement of Public Meeting for the Final Supplemental Environmental Impact Statement for the San Ysidro Land Port of Entry Improvements Project, San Ysidro, California [Notice PBS–2019–02; Docket No. 2019– 002; Sequence No. 2] 02-11-19 EPA: Energy Conservation Program: Energy Conservation Standards for General Service Lamps (PR/RFC) 02-13-19 ENERGY: Energy Conservation Program for Appliance Standards: Proposed Procedures for Use in New or Revised Energy Conservation Standa rds and Test Procedures for Consumer Products and Commercial/Industrial Equipment [EERE-2017-BT-STD-0062] (PR/RFC) 02-14-19 EPA: Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations [EPA–HQ–OPP–2018–0010; FRL–9987–70] (N) EPA: Product Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses [EPA–HQ–OPP–2018–0014; FRL–9987–92] (N) 02-15-19 EPA: Trifloxystrobin; Pesticide Tolerances [EPA-HQ-OPP-2017-0530; FRL9985-23] (FR) EPA: Trifluralin; Pesticide Tolerances [EPA-HQ-OPP-2017-0420; FRL-9983- 89] (FR) US-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: Notice of Open Public Hearing (N/H) [Feb. 28, 2019] 02-21-19 ENERGY: Energy Conservation Program: Test Procedures for Cooking Products and Test Procedures for Portable Air Conditioners; Corrections [EERE-2012- BT-TP-0013; EERE-2014-BT-TP-0014] (FR/C) 02-25-19 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA): Notification of Receipt of a Petition To Ban Imports of All Fish and Fish Products From New Zealand That Do Not Satisfy the Marine Mammal Protection Act (N) EPA: Civil Monetary Penalty Inflation Adjustment Rule – correction ‘[FRL– 9988–90–OECA] 02-26-19 ENERGY: Energy Conservation Program: Energy Conservation Standards for Direct Heating Equipment [EERE-2019-BT-STD-0002] (RFI) ENERGY: Energy Conservation Program: Test Procedure for Direct Heating Equipment [EERE–2019–BT–TP–0003] (RFI) EPA: Waxes and Waxy Substances, Rice Bran, Oxidized; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2018-0032; FRL-9987-83] (FR) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 31 FR Date Subject 02-27-19 EPA: Abamectin; Pesticide Tolerances [EPA-HQ-OPP-2018-0037; FRL-9987- 32] (FR) 02-28-19 EPA: Fenoxaprop-ethyl, Flufenpyr-ethyl, Imazapyr, Maleic hydrazide, Pyrazon, Quinclorac, Triflumizole, et al.; Proposed Tolerance and Tolerance Exemption Actions [EPA–HQ–OPP–2017–0418; FRL–9970–24] (PR) Correction NHTSA: Fe deral Motor Vehicle Safety Standards; Electric-Powered Vehicles: Electrolyte Spillage and Electrical Shock Protection [Docket No. NHTSA-2019- 0009] (PR) Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. The Americas – South America ARGENTINA Boletin Oficial publications The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation]. BO Date Subject 04-02-19 PRODUCTION AND LABOR (MPYT) – SEC. OF INDUSTRY: Resolution 15/2019 (31-01- 18) RESOL-2019-15-APN-SIN # MPYT [Compliance with safety requirements by certain vehicles and acceptance of EU standards] FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP) – GENERAL DIRECTORATE OF CUSTOMS (DGA): General Resolution 4409 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. AFIP – DGA: General Resolution 4410 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. AFIP – DGA: General Resolution 4411 /2019 (30-01-19) Common Mercosur Nomenclature (NCM). Tariff classification of merchandise in the aforementioned nomenclature in accordance with the procedure provided for in General Resolution No. 1.618.. AFIP – DGA: General Resolution 4412 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. AFIP – DGA: General Resolution 4413 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. AFIP – DGA: General Resolution 4414 /2019 (31-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. AFIP – DGA: General Resolution 4415 /2019 (31-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. 05-02-19 AFIP – DGA: Provision 8/2019 (01-02-19) [Suspension or modification of customs legal or regulatory requirements of a purely formal nature, provided that customs control does not affect, the application of import prohibitions or prohibitions. export or tax interest] AFIP – DGA: Provision 9/2019 (01-02-19) [accept or reject the exception of the suspension of the Registry of Importers and Exporters] Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 32 BO Date Subject 08-02-19 AFIP: General Resolution 4419/2019 (07-02-19) Import destination for consumption. Contracts with a price revision clause between companies linked to the intervention of third-party operators. 12-02-19 MPYT: Resolution 74/2019 (11-02-19) RESOL-2019 -74-APN-MPYT [nonpreferential rules of origin documentary requirements that must be presented in the importation of merchandise] MPYT – SEC’Y FOREIGN TRADE: Resolution 4/2019 (08-02-19) RESOL-2019-4- APN-SCE # MPYT [Shipment failing to meet requirements of non-preferential origin rules as product of Malaysia] AFIP: General Resolution 4420/2019 (11-02-19) Import. General Resolution No. 3,109. Modification [mport of property belonging to foreigners - vehicles] 13-02-19 MPYT – INDUSTRY: Resolution 23/2019 (12-02-19) RESOL-2019-23-APN-SIN # MPYT [regarding regime for imports of unassembled motorcycles] 14-02-19 AFIP: General Resolution 4421/2019 (12-02-19) Chemical precursors. Resolution No. 2,020 (ANA), its amendments and complementary. Your modification 19-02-19 AFIP – DGA: General Resolution 4423/2019 (15-02-19) Import. Value criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. 26-02-19 AFIP – DGA: Resolution 2/2019 (22-02-19) Fee for pr esentation of import and export manifests 27-02-19 AFIP – DGA: General Resolution 4425 /2019 (22-02-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule. AFIP – DGA: General Resolution 4426 /2019 (22-02-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule AFIP – DGA: General Resolution 4427 /2019 (22-02-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule 28-02-19 MPYT – FOREIGN TRADE: Resolution 11/2019 (26-02-19) RESOL-2019-11-APNSCE # MPYT [“Turnkey Export Contract Registry”] MPYT – FOREIGN TRADE: Resolution 11/2019 (26-02-19) RESOL-2019-11-APNSCE # MPYT [“Turnkey Export Contract Registry”] SECURITY/ MPYT/ AFIP: Joint General Resolution 4430/2019 (27-02-19) [Establishes an optional simplified regime of importation for consumption for the national inhabitants with permanent residence in border areas] Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. BRAZIL Diário Oficial da União publications The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update. DOU Date Subject 28-01-19 SECEX Portaria № 1 (25-01-19) Approves the 10th Edition of the Drawback Exemption System Manual. 08-02-19 SECEX Portaria № 154 (02-02-19) Changes the import tax rate to code 0303.53.00 of the Mercosur Common Nomenclature under the Brazilian List of Exceptions to the Common External Tariff. 13-02-19 SECEX Portaria № 2 (12-02-19) – Establishes criteria for allocation of import quotas, determined by SECINT Portaria nº 154, of February 6, 2019 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 33 DOU Date Subje ct 01-03-19 SECEX Portaria No. 3 (28-02-19) – Delegates powers to the Executive Secretary of the Foreign Trade Chamber of the Special Secretariat for Foreign Trade and International Affairs of the Ministry of Economy Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. VENEZUELA Tax benefits in the Special Economic Zones of the Palavecino and Iribarren Municipalities in the state of Lara in Venezuela Presidential Decree No. 3,426, in effect since 15 May 2018, created a Special Economic Zone in the Palavecino Municipality and another in the Iribarren Municipality, both in the state of Lara (the “Zones”) [Official Gazette № 6,387 Ext. of 3 July 2018] The first Zone is in the rural settlement of La Galería, Las Tres Topias sector, Industrial Zone of Cabudare. The second Zone is in the Industrial Zones of the Iribarren Municipality. Presidential Decree No. 3,652, in force since 2 November 2018, established that the Zones will have as a special purpose the export of goods, employing industrial and agricultural potential. Decree No. 3,652 [Official Gazette №. 41,516 of 2 November 2018] established the following tax benefits in the Zones: The companies installed in the Zones can benefit from the investment and international trade agreements subscribed by Venezuela. The import of goods, equipment, tools and materials made by individuals or legal entities (whether private or government-owned) for the reactivation, modernization and construction of infrastructure in the Palavecino and Iribarren municipalities, will not be subject to customs duties or fee. The installation agreement must establish such duties and fees. Legal entities established in the Zones may enjoy a 100% income tax (“I/T”) exoneration, as established in the agreement of the Board of Directors of the Zone. If the beneficiary of the exoneration in the first year of operation uses at least 70% of its produ ction for export, it shall maintain the 100% exoneration benefit. Otherwise, it must pay 50% of the I/T rate. The benefit will be maintained during the first five years of operation. If the beneficiary of the exoneration, from the sixth year of operation, maintains an export level of 70% of its production, they will obtain a 75% reduction in the I/T fee. Otherwise, it will benefit from a 25% exoneration. The benefit will be maintained until the 10th year of operation. After the 11th year of operation, if the beneficiary of the exoneration maintains an export level of 70% of its production, it will obtain a 50% reduction in the I/T rate. Otherwise, it will only get a 25% I/T exoneration. When the beneficiaries of the exoneration incorporate national components in their production processes, they will obtain I/T reductions according to the following table: Percentage of incorporation of national components 20% 30% 40% 50% 60% I/T reduction 5% 10% 15% 20% 25% Baker McKenzie Internationa l Trade Compliance Update | March 2019 8458530-v6\WASDMS 34 For additional information, please contact the authors: Ronald Evans, José P Barnola Jr. or Óscar Moreán. Asia-Pacific [Please note that material pertaining to the Eurasian Economic Union (EAEU) and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the Kyrgyz Republic is shown under EUROPE.] AUSTRALIA DHA notices and advices The following Department of Home Affairs (DHA, formerly Immigration and Border Protection (DIBP)) Notices and Cargo advices (ACCA) were issued during the period covered by this Update: Date Series and № Title 30-01-19 (26-02-19) DHA № 2019/03 Indexation of customs duty rates on excise-equivalent goods on 4 February 2019 (updated) 31-01-19 (26-02-19) DHA № 2019/04 Differentiated examination benefit for Trusted Traders (Updated) 25-02-19 (26-02-19) DHA № 2019/06 Tablet Press Import Control Discussion Paper (Due 29-03) (updated) 26-02-19 (28-02-19) DHA № 2019/07 Biannual indexation of customs duty rates for tobacco and tobacco products – 1 March 2019 (updated) Australian Gazettes The following documents were published in the Government Notices Gazette, th e Tariff Concessions Gazette (TC) or other Gazettes as noted(dd-mm-yy): Date Matter 04-02-19 Notice of Substituted Rates of Excise Duty – Notice No. 1 (2019) 05-02-19 Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods – Notice (No. 1) 2019 Australian Tariff Precedents The Department of Immigration and Border Protection (DIBP) has published a List of Current Precedents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues. New information and tariff classification guides can be found on Tariff Public Advice Products webpage Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. CHINA (INCLUDING HONG KONG SAR) MOFCOM an d GAC notices The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy) [see also Hong Kong TID notices below]: Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 35 Date Series and № Subject 02-22-19 GAC № 35 Announcement on Phytosanitary Requirements for Imported Bolivian Soybeans) Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy) The Trade and Industry Department closely monitors developments in the economic and business environment of the Mainland, and gathers information concerning the Mainland’s introduction of and amendments to trade/commercial laws, regulations and policies. This information is disseminated to local business sector through “Commercial Information Circulars” and other circulars listed below [English translations by the TID of PRC notices and other documents.] (ddmm-yy) HK Cir. № Date Matter 95/2019 01-02-19 China : Public Consultation on “Decision of the Ministry of Commerce on the Abolishment and Amendment of Certain Regulations (Draft)” 105/2019 04-02-19 China : Notice Concerning Accomplishing Examination and Approval Work on Import and Export of Civil Explosives 106/2019 04-02-19 China : Notice Concerning Supporting the Development of Bonded Research and Development Business in Comprehensive Bonded Zones 108/2019 04-02-19 China : Notice Concerning Implementation Matters Related to Innovative Regulatory Measures (“Four Self-services and One Simplification”) in Comprehensive Bonded Areas 111/2019 11-02-19 China : Food Safety Supervision and Sampling Inspection Plan in 2019 113/2019 11-02-19 China : Notice Concerning Certain Inspection and Release Issues Related to Entry of Food from Overseas to Comprehensive Bonded Areas 114/2019 11-02-19 China : Notice Concerning Further Expanding the Pilot on Granting General Value-added Taxpayer Status to Enterprises in Certain Special Customs Supervision Zones 15/2019 11-02-19 The Mainland of China : “Rules for Examination of Production Licence of Formula Food for Special Medical Purposes” 119/2019 11-02-19 The Mainland of China : Public Consultation on “Administrative Measures on Sampling Inspection for Food Safety (Revised Draft for Consultation)” 132/2019 14-02-19 The Mainland of China : Notice Concerning Tax-free Import Plan for Seeds and Seed Sources in 2019 134/2019 15-02-19 The Mainland of China : Applicable Preferential Tariff Rates for Certain Imported Goods under China-Chile Free Trade Agreement 154/2019 25-02-19 The Mainland of China : Guangdong Province’s “Measures on Optimizing the Business Environment of Ports and Enhancing Crossborder Trade Facilitation” 164/2019 28-02-19 The Mainland of China : Implementation Guide of the Certification and Accreditation Administration on Ame ndment Clauses related to Testing and Certification under the Agreement on Trade in Services of the Mainland an d Hong Kong Closer Economic Partnership Arrangement (CEPA) 165/2019 28-02-19 The Mainland of China : Notice Concerning Certain Implementation Issues Related to Inspection Items for Animal and Plant Products Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 36 HK Cir. № Date Matter Entering Comprehensive Bonded Zones from Overseas (based on “Entry of Zones First, Post Inspection”) INDIA Material in this section and the India Antidumping Countervailing Duty and Safeguards Investigations section was prepared by Sonia Gupta of Ashok Dhingra Associates, Attorneys at Law, Gurgaon (Haryana), India Other CBIC and DGFT notifications, circulars and instructions Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instructions during the period covered by th is Update: Date Series and № Subject CBIC Non-Tariff Notifications 06-02-19 08/2019-Cus (NT) The Customs Brokers Licensing Regulations, 2018 amended 07-02-19 09/2019-Cus (NT) Exchange rate notification providing conversion rate of foreign currencies to INR 15-02-19 10/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver 11/20 1 9-Cus (NT) Exchange rate notification providing conversion rate of South African Rand to INR 16-02-19 12/2019-Cus (NT) All India Rates (AIRs) of Duty Drawback amended 21-02-19 13/2019-Cus (NT) Exchange rate notification providing conversion rate of foreign currencies to INR 26-02-19 14/2019-Cus (NT) Administrative changes in jurisdiction of the Chief Commissioner of Customs, Mumbai, Zone-II 27-02-19 15/2019-Cus (NT) Formats for Courier Bill of Entry and Shipping Bills under the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 substituted 16/20 19-Cus (NT) Format for Courier Shipping Bill under the Courier Imports and Exports (Clearance) Regulations, 1998 substituted 17/2019-Cus (NT) Implementation of the Sea Cargo Manifest and Transhipment Regulations, 2018 postponed from 1 March, 2019 to 1 August, 2019 28-02-19 18/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sli ver CBIC Tariff Notifications 07-02-19 04/2019-Cus Allows temporary import of aircrafts for participation in Aero Show organised by the Central Government without furnishing bank guarantee or cash deposit 16-02-19 05/2019-Cus Tariff item 9806 0000 inserted in Chapter 98 of the First Schedule to the Customs Tariff Act, 1975 to impose Basic Customs Duty of 200% on all goods originating in or exported from Pakistan 26-02-19 06/2019-Cus Implementation of increased Customs Duty on specified imports originating in the USA postponed from 2 March, 2019 to 1 April, 2019 CBIC Circulars 01-02- 19 04/2019-Customs Clarification regarding recession of Circular No. 46/2017- Customs dated 24 November, 2017 concerning applicability of Integrated Goods and Services Tax (IGST)/ Goods and Services Tax (GST) on goods transferred/ sold while being Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 37 Date Series and № Subject deposited in Customs warehouse 20-02-19 05/2019-Customs Clarification regarding amendments to All Industry Rates (AIRs) of Duty Drawback 06/2019-Customs Clarification regarding recession of Circular No. 132/95- Customs dated 22 December, 1995 concerning warehousing – grant of in-bound manufacturing facility under Section 65 of the Customs Act, 1962 21-02-19 07/2019-Customs Clarification regarding discontinuation of printing of Advance Authorisations/ Export Promotion Capital Goods (EPCG) Authorisations on security paper by the Directorate General of Foreign Trade (DGFT) for authorisations issued with EDI ports as port of registrati on 26-02-19 08/2019-Customs Clarification regarding carriage of coastal cargo from one Indian port to another port in foreign going vessels/ coastal vessels through foreign territory 28-02-19 09/2019-Customs Reforms introduced for ease of doing business DGFT Notifications 18-02-19 56/2015-2020 Red Sand ers Wood exclusively sourced from cultivation origin obtained from private land (including Pattaland) allowed for export in log form, roots and value added products to facilitate exports DGFT Public Notices 05-02-19 72/2015-2020 Format of ANF 3D for exports u sing e-commerce to claim Merchandise Exports from India Scheme (MEIS) benefits amended 14-02-19 73/2015-2020 Standard Input-Output Norms (SION) amended to allow import of Groundnut in shell/ kernels for export of HPS Groundnut Kernels 18-02-19 74/2015-2020 Procedure prescribed to obtain license for export of Red Sanders Wood exclusively sourced from cultivation origin obtained from private land (including Pattaland) 25-02-19 75/2015- 2020 Mundra Port included as seventh port where pre-inspection certificate is not required in case of import of metallic scrap from safe countries/ regions 26-02-19 76/2015-2020 Appendix 3B, Table 2 of Merchandise Exports from India Scheme (MEIS) amended to align/ harmonise with ITC(HS), 2017 Antidumpin g and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. MALAYSIA Amendments to Malaysia’s Customs Act: increased penalties and more robust review process Background Under the administration of the new Malaysian government, the following rounds of legislative amendments have been effected to the Malaysian Customs Act 1967 (“the Act”): the Customs (Amendment) Act 2018 which was gazetted on 28 August 2018 and entered into force on 1 September 2018; the Customs (Amendment) (No. 2) Act 2018 which was gazetted on 28 December 2018 and recently entered into force on 2 January 2019 (together, the “Amending Ac ts”). Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 38 Key Changes The Amending Acts brought about changes to various aspects of the Act, including, among others, penalties for offences under the Act, review and appeal process, enforcement powers of customs officers and regulation of customs agents. Key changes under the Act are summarised as follows: (a) enhanced powers of enforcement In addition to existing powers provided under the Act, senior customs officers are further accorded powers of a police officer as provided under the Criminal Procedure Code in relation to enforcement, investigation and inspection. (b) increased penalties for offences under the Act A summary of key increments in penalties are set out in the table below: Maximum penalty under old provisions Maximum penalty under amended provisions Section 133 – Penalty on making incorrect declarations and on falsifying documents RM 500,000 fine and/or imprisonment up to 5 years RM 500, 000 fine and/or imprisonment up to 7 years Section 135 – Penalty relating to smuggling offences, evasion of duty, fraud, etc. Cases involving dutiable goods other than cigarettes containing tobacco and intoxicating liquor First offence Fine not more than 20 times the customs duty or RM 100,000 (whichever greater) and/or imprisonment up to 3 years Subsequent offence(s) Fine not more than 40 times the customs duty or RM 500,000 (whichever greater) and/or imprisonment up to 5 years First Offence Fine not more than 20 times the customs duty or RM 500,000 (whichever greater) and/or imprisonment up to 5 years Subsequent offence(s) Fine not more than 40 tim es the customs duty or RM 1,000,000 (whichever greater) and/or imprisonment up to 7 years Cases involving prohibited goods other than cigarettes containing tobacco and intoxicating liquor First offence Fine not more than 20 times the customs duty or RM 100,000 (whichever greater) and/or imprisonment up to 3 years Subsequent offence(s) Fine not more than 40 times the customs duty or RM 500,000 (whichever greater) and/or imprisonment up to 5 years First offence Fin e not more than 20 times the customs duty or RM 500,000 (whichever greater) and/or imprisonment up to 5 years Subsequent offence(s) Fine not more than 40 times the customs duty or RM 1,000,000 (whichever greater) and/or imprisonment up to 7 years Section 137 – Penalty for offering or receiving bribes RM 500,000 fine and/or imprisonment up to 5 years RM 500,0001 fine and/or imprisonment up to 5 years Section 138 – Penalty for offences not otherwise provided for RM 20,000 fine and/or imprisonment up to 5 years RM 50,000 fine and/ or imprisonment up to 5 years Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 39 (c) heftier penalties for smuggling offences relating to cigarettes containing tobacco and intoxicating liquor The Amending Acts have also introduced heftier penalties for smuggling offences in relation to cigarettes contai ning tobacco and intoxicating liquor[2] as follows: Maximum penalty for first offence Maximum penalty for subsequent offence(s) Cases involving dutiable cigarettes containing tobacco and intoxicating liquor Fine not more than 20 times the customs duty or RM 500,000 (whichever greater) and/or imprisonment up to 5 years Fine not more than 40 times the customs duty or RM 1,000,000 (whichever greater) and/or imprisonment up to 5 years Cases of cigarettes containing tobacco or intoxicating liquor which are prohibited goods Fine not more than 20 times the value of goods or RM 500,000 (whichever greater) and/or imprisonment up to 5 years First offence Fine not more than 40 times the value of goods or RM 1,000,000 (whichever greater) and/or i m prisonment up to 5 years (d) revamp to the review and appeal process Key changes to the review and appeal process under the Act are summarised as follows: review of decision of the Director General of Customs (“DG”) – under the old Act, any person aggr ieved by the decision of the DG may appeal to the Customs Appeal Tribunal (“CAT”) within 30 days from the date of notification of decision in writing. The Amending Acts introduce an additional layer of recourse by allowing an aggrieved person to apply to the DG to review any of his decision within the similar 30 days timeline; representation at appeal hearing – under the old Act, advocates and solicitors are not allowed to represent an appellant at the hearing of an appeal before the CAT. Following the entry into force of the Amending Acts, the above restriction against legal representation has been removed and appellants can now appoint legal counsel to represent them before the CAT. Conclusion The amendments to the Act result in an overall more stringent customs regime as can be gleaned from the significant increase in quantum of penalties for customs non-compliances as well as the enhanced enforcement powers accorded to customs officers. Whilst this is the case, the amendments als o appear to provide a more robust appeal process to deal with any grievances that may arise in relation to the Act, striking a fair balance between deterrence and ensuring an overall business friendly outlook. At this juncture, Malaysia still does not have a voluntary disclosure regime, which would help genuine businesses better comply and regularise their operations visa-vis the Act. However, this may potentially change if and when Malaysia decides to ratify the Comprehensive and Progressive Trans-Pacific Partnership Agreement, which has already entered into force on 30 December 2018 for Mexico, Japan, Singapore, New Zealand, Canada and Australia. If you have any questions, please contact the authors, Adeline Wong, Ivy Tan and Kelvin Hong ________________________________________________________________ Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 40 [1] This increase in penalties for bribery-related offences is in line with the newly elected gove rnment’s ongoing efforts to clamp down on corruption nationwide. [2] Please note the first draft of the Customs (Amendment) (No. 2) Bill 2018 initially proposed the inclusion of punishment in the form of whipping in addition to the penalties outlined above. However, this was removed subsequently. NEW ZEALAND New permit requirement for import and export of Hydrofluorocarbons (HFCs) New Zealand has adopted the Kigali Amendment to the Montreal Protocol (an international agreement that regulates substances that deplete the ozone layer). The Amendment means that after 31 December 2019, a permit will be required to import or export hydrofluorocarbons (HFCs). The Environmental Protection Authority (EPA) is responsible for administering the permit system. Applications for permits for 2020 are now open, and applications for grandparents eligibility – for importers of HFC’s between 2015-2017, close on 18 March 2019. For additional information go to the EPA website. SINGAPORE Notices, circulars, etc. Date Reference Matter 08-02-19 Cir. 02/2019 Changes to the prohibition of imports, exports, transhipments and goods in transit to and from South Sudan and Eritrea United Nations Security Council (UNSC) Sanctions 18-02-19 Cir. 03/2019 Notification of Tariff Changes 25-02-19 Cir. 04/2019 Changes to the list of items requiring mandatory transhipment and transit permits under the Fourth and Fifth Schedules of the Strategic Goods Control Regulations [Strategic/Controlled Goods] Europe, Middle East and North Africa EUROPEAN UNION AND EFTA EEA EFTA States and US expand the scope of the MRA on Marine Equipment On 25 February 2019, the EFTA Secretariat announced that on 22 February, the EEA EFTA States and the US signed a Joint Committee Decision expanding the scope of the Parties’ Mutual Recognition Agreement (MRA) applicable to marine equipment. The announcement said: Specifically, the MRA now applies to eight new, important categories of marine equipment. A consolidated version of the a greement is available here, with the product scope listed under Annex II. Protocol 12 to the EEA Agreement provides that when the EU takes the initiative to negotiate Mutual Recognition Agreements (MRAs), it will “negotiate on the basis that the third countries concerned will conclude parallel MRAs with the EEA EFTA States, equivalent to those to be concluded by the EU”. Through this system of parallel trade agreements, third countries are granted simplified market access throughout the EEA for the sectors covered and vice versa. An identical Decision was concluded between the EU and the US, on 18 February, only days before that of the EEA EFTA States and the US. Specifically, MRAs promote trade in goods by reducing the need for additional testing of export goods: the Parties agree to mutually recognise and accept the test results of The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] A note on spelling, grammar and dates– In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 41 each other’s conformity assessment bodies (CABs). Conformity assessment is the process by which products are measured against the various technical, safety and quality standards that governments impose on products. MRAs allow an exporting country’s CAB to use the tests and standards of the importing country in evaluating products, thereby reducing the number of CABs that must evaluate a product destined for multiple markets. Concretely, this means that a CAB located in an EEA EFTA State may assess a product’s compliance not only with the local, national requirements but also with the US requirements thereby avoiding the need for costly and time-consuming duplication of testing. Foreign Direct Investments – EU Framework Regulation On 14 February 2019, the European Parliament voted in favour of a 2017 Commission proposal to implement a Europe-wide framework for screening foreign direct investments. The text approved by the Parliament follows talks between the Commission, the Council and the Parliament that concluded in November 2018. Final approval from the Council is expected on 5 March 2019 with the regulation coming into force 18 months after its publication in the Official Journal. Currently, 14 Member States have national screening mechanisms in place which vary in design and scope. The proposal for a Europe-wide framework for screening foreign direct investments would allow Member States and the Commission to cooperate and exchange information on investments from third countries that may affect security or public order in the EU. The proposal is primarily aimed at protecting critical infrastructure, such as energy, transport, data, finance, and critical technologies, such as artificial intelligence, semiconductors and robotics. In particular, the new framework: creates a cooperation mechanism where Member States and the Commission will be able to exchange information and raise concerns related to specific investments; allows the Commission to issue opinions when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a project or programme of interest to the whole EU, such as Horizon 2020 or Galileo; encourages international cooperation on investment screening, including sharing experience, best practices and information on issues of common concerns; sets certain requirements for Member States who wish to maintain or adopt a screening mechanism at nation al level, though Member States will retain an ultimate veto regarding whether a specific investment operation should be allowed in their territory but must give due consideration to any comment or opinion of the Commission; and takes into account the need to operate under short business-friendly deadlines and strong confidentiality requirements. If you have any questions, please contact the author, Sunny Mann. EU issues updated correlation tables for TARIC and dual-use annex On 10 January 2019, the European Commission issued a spreadsheet which correlates the 2019 CN, TARIC and dual use codes in the annex to Council Regulation (EC) No. 428/2009, as amended. Registration of SPV to facilitate trade with Iran announced Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 42 On 31 January, EU Foreign Ministers Jean-Yves Le Drian (France), Heiko Maas (Germany) and Jeremy Hunt (United Kingdom) announced the registration of the Instrument for Supporting Trade Exchanges (“INSTEX SAS”), a Special Purpose Vehicle designed to facilitate legitimate trade between European economic operators and Iran (press release available here). This comes after the joint announcement, in November 2018, affirming the EU’s commitment to maintaining financial channels with Iran after the US withdrawal from the JCPOA, and subsequent reports of delays encountered in setting up this SPV. INSTEX has been registered in France, with Germany, France and the UK as initial shareholders. It will reportedly be headed by German banker Per Fischer, and its supervisory board will consist of 3 diplomats: Migher Berger of Germany, Maurice Gourdault-Montagne of France and Simon McDonald of the UK. Although the registration of INSTEX is a notable development, the Foreign Ministers noted in their announcement that it is not yet operational and that there are more technical and legal aspects to address, including the creation of the necessary counterpart structures in Iran. Details on an exact timeline have not yet been announced. INSTEX will initially support trade only with European countries, and focus on the sectors most essential to the Iranian population such as pharmaceutical, medical devices and agri-food goods. However, it aims in the long term to be open to economic operators from other countries who wish to trade with Iran. If you have any questions, please contact Sunny Mann or Ross L. Denton. Commission issues tariff classification regulations See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update. Amendments to the CN Explanatory Notes No amendments to the Explanatory Notes to the Combined Nomenclature of the European Union were published in the Official Journal during the period covered by this Update. Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correc t tariff classification for goods they intend to import or export. Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database. Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Baker McKenzie International Trade Comp liance Update | March 2019 8458530-v6\WASDMS 43 Union: OJ Date Subject 01-02-19 Commission Delegated Regulation (EU) 2019/157 of 6 November 2018 amending Annex II to Delegated Regulation (EU) No 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council Commission Implementing Regulation (EU) 2019/158 of 31 January 2019 renewing the approval of the active substance methoxyfenozide, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 04-02-19 Decision No 1/2019 of the ESA-EU Customs Cooperation Committee of 14 January 2019 on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement esta blishing a fram e work for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of Mauritius with regard to salted snoek [2019/167] Update of the list of border crossing points as referred to in Article 2(8) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2019/C 43/02| 05-02-19 Commission Implementing Regulation (EU) 2019/168 of 31 January 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus subtilis (Cohn 1872) Strain QST 713, Bacillus thuringiensis subsp. Aizawai, Bacillus thuringiensis subsp. israeliensis, Bacillus thuringiensis subsp. kurstaki, Beauveria bassiana, benfluralin, clodinafop, clopyralid, Cydia po monella Granulovirus (CpGV), cyprodinil, dichlorprop-P, epoxiconazole, fenpyroximate, fluazinam, flutolanil, fosetyl, Lecanicillium muscarium, mepanipyrim, mepiquat, Metarhizium anisopliae var. Anisopliae, metconazole, metrafenone, Phlebiopsis gigantea, pirimicarb, Pseudomonas chlororaphis strain: MA 342, pyrimethanil, Pythium oligandrum, rimsulfuron, spinosad, Streptomyces K61, thiacloprid, tolclofos-methyl, Trichoderma asperellum, Trichoderma atroviride, Trichoderma gamsii, Trichoderma harzianum, triclopyr, trinexapac, triticonazole, Verticillium albo-atrum and ziram Commission Delegated Directive (EU) 2019/169 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in certain capacitors Commission Delegated Directive (EU) 2019/170 of 16 November 2018 amending, for the purposes of adapting to scientific and tec hnical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in PZT based dielectric ceramic materials for certain capacitor s Commission Delegated Directive (EU) 2019/171 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and its compounds in electrical contacts Commission Delegated Directive (EU) 2019/172 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages Commission Delegated Directive (EU) 2019/173 of 16 November 2018 amending, for the purposes of adapting to scienti fic and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead and cadmium in printing inks for the application of e namels on glasses Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 44 OJ Date Subject Commission Delegated Directive (EU) 2019/174 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead bound in crystal glass as defined in Directive 69/493/EEC Commission Delegated Directive (EU) 2019/175 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead oxide in seal frit used for making window assemblies for certain laser tubes Commission Delegated Directive (EU) 201 9/176 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the plating layer of certain diodes Commission D e legated Directive (EU) 2019/177 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as activator in the fluorescent powder of discharge lamps containing phosphors Commission Delegated Directive (EU) 2019/178 of 16 November 2018 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in bearings and bushes applied in certain non-road professional use equipment Decision No 1/2018 of the Trade Committee of 13 December 2018 modifying Appen dix 1 to Annex XIII to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Ecuador and Peru, of the other part [2019/179] Summary of European Commission Decisions on authorisations for the placing on the market for th e u se and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 46/03] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 46/04] 06-02-19 Council D ecision (EU) 2019/217 of 28 January 2019 on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an associa tion between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part Corrigendum to Commission Implementing Decision (EU) 2018/1622 of 29 October 2018 on the non-approval of certain active substances in biocidal products pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 271, 30.10.2018 ) Corrigendum to the Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluati on, A uthorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) ( OJ C 30, 24.1.2019 ) [2019/C 47/07] Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 45 OJ Date Subject Corrigendum to the Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) ( OJ C 30, 24.1.2019 ) [2019/C 47/08] 07-02-19 Commission R egulation (EU) 2019/220 of 6 February 2019 amending Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein Council Decision (EU) 2019/222 of 20 December 2018 on the position to be taken, on behalf of the European Union, within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and coopera t ion between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority (PA) of the West Bank and the Gaza Strip, of the other part, concerning the extension of the EU-PA Action Plan Recommendation No 1/2019 of the EU-PLO Joint Committee of 31 January 2019 approving the extension of the EU-PA Action Plan [2019/223] Decision No 1/2019 of the EU-Japan Working Group on Wine of 1 February 2019 on the forms to be used for certificates for the import of wine products originating in Japan into the European Union and the modalities concerning self-certification [2019/224] Decisions of the EEA Joint Committee 68/2017 through 103/2017 08-02-19 Commission Delegated Regulation (EU) 2019/227 of 28 November 2018 amending Delegated Regulation (EU) No 1062/2014 as regards certain active substances/product-type combinations for which the competent authority of the United Kingdom has been designated as the evaluating competent a ut hority Commission Regulation (EU) 2019/229 of 7 February 2019 amending Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs as regards certain methods, the food safety criterion for Listeria monocytogenes in sprouted seeds, and the process hygiene criterion and food safety criterion for unpasteurised fruit and vegetable juices (ready-to-eat) ( 1 ) Commission Implementing Regulation (EU) 2019/230 of 7 February 2019 correcting certain language versions of Implementing Regulation (EU) 2017/233 0 concerning the authorisation of Iron(II) carbonate, Iron(III) chloride hexahydrate, Iron(II) sulphate monohydrate, Iron(II) sulphate heptahydrate, Iron(II) fumarate, Iron(II) chelate of amino acids hydrate, Iron(II) chelate of protein hydrolysates and Iron(II) chelate of glycine hydrate as feed additives for all animal species and of Iron dextran as feed additive for piglets and amending Regulations (EC) No 1334/2003 and (EC) No 479/2006 Council Decision (EU) 2019/233 of 6 No vemb er 2018 on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 3, 4, 6, 7, 11, 14, 16, 17, 19, 23, 24, 27, 29, 34, 37, 38, 43, 44, 46, 48, 50, 53, 60, 67, 69, 70, 74, 77, 83, 86, 87, 91, 94, 95, 98, 99, 100, 101, 104, 105, 110, 112, 113, 119, 121, 123, 128, 129, 132 and 137 and to UN Global Technical Regulation No 9, and as regards the proposals for three new UN Regulations Council Decision (EU) 2019/234 of 5 February 2019 on the position to be taken on behalf of the European Union within the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the adoption of the rules of procedure of the Joint Council and of the Trade and Development Committee Regulation (EU) 2019/216 of the European Parliament and of t he Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 Statement by the European Parliament relating to Regulation (EU) 2019/216 of the European Parliament and of the Council on the apportionment of tariff rate Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 46 OJ Date Subject quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 [2019/C 51/01] 11-02-19 Commission Implementing Regulation (EU) 2019/238 of 8 February 2019 amending Regulation (EU) No 37/2010 to classify the substance ovotransferrin as regards its maximum residue limit Commission Implementing Decision (EU) 2019/242 of 7 February 2019 amending Implementing Decision (EU) 2017/675 with regards to measures preventing the introduction into the Union of the foot-and-mouth disease virus from Algeria, Libya, Morocco and Tunisia (notified under document C(2019) 768) 12-02-19 Commission Implementing Decision (EU) 2019/246 of 11 February 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 1107) Commission Implementin g Decision of 11 February 2019 on the initiation of the procedure for temp orary withdrawal of the tariff preferences provided to the Kingdom of Cambodia under Article 19 of Regulation (EU) No 978/2012 [2019/C 55/07] 13-02-19 Commission Implementing Regulation (EU) 2019/249 of 12 February 2019 suspending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences for the period of 2020-2022 14-02-19 Decision No 1/2019 of the EU-Switzerland Joint Committee of 29 January 2019 amending Tables III and IV of Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as amended [2019/258] 15-02-19 Commission Implementing Regulation (EU) 2019/260 of 14 February 2019 amending Implementing Regulation (EU) No 180/2014 as regards the volumes of traditional trade fl ow s between certain outermost regions of the Union and the United Kingdom R egulation No 83 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of vehicles with regard to the emission of pollutants according to engine fuel requirements [2019/253] 19-02-19 Council Decision (EU) 2019/274 of 11 January 2019 on the signing, on behalf of the European Union and of the European Atomic Energy Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [2019/C 66 I/01] Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom [2019/C 66 I/02] 20-02-19 Commission Implementing Regulation (EU) 2019/290 of 19 Fe brua ry 2019 establishing the format for registration and reporting of produc ers of electrical and electronic equipment to the register Commission Implementing Regulation (EU) 2019/291 of 19 February 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazine Commission Implementing Decision (EU) 2019/294 of 18 February 2019 laying down the list of territories and third countries authorised for imports into the Union of dogs, cats and ferrets and the model animal health certificate for such imports (notified under document C(2019) 1059) Regulation No 58 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of: I. Rear underrun protective devices (RUPDs) II. Vehicles with regard to the installation of an Baker McKenzie International T rade Compliance Update | March 2019 8458530-v6\WASDMS 47 OJ Date Subject RUPD of an approved type III. Vehicles with regard to their rear underrun protection (RUP) [2019/272] Regulation No 123 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of adaptive frontlighting systems (AFS) for motor vehicles [2019/273] 21-02-19 Commission Implementing Regulation (EU) 2019/298 of 20 February 2019 amending Annex I to Regulation (EC) No 798/2008 as regards the entries for Belarus, Bosnia and Herzegovina and Japan in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Aut horisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC ) No 1907/2006) [2019/C 68/05] 22-02-19 Council Decision (EU) 2019/301 of 12 February 2019 on the conclusion, on behalf of the Union and of the Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union Council Decision (EU) 2019/304 of 18 February 2019 concerning the notification by the United Kingdom of Great Britain and Northern Ireland of its wish no longer to take part in some of the provisions of the Schengen acquis which are contained in Council Regulation (EC) No 377/2004 on the creation of an immigration liaison officers network Commission Implementing Decision (EU) 2019/313 of 21 February 2019 on the approval of the technology used in SEG Automotive Germany GmbH High efficient 48V motor generator (BRM) plus 48V/12V DC/DC converter for u se in conventional combustion engine and certain hybrid powered light commercial vehicles as an innovative technology for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council Commission Implementing Decision (EU) 2019/314 of 21 February 2019 on the approval of the technology used in SEG Automotive Germany GmbH High efficient 48V motor generator (BRM) plus 48V/12V DC/DC converter for use in conventional combustion engine and certain hybrid powered passenger cars as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Commission Implementing Decision (EU) 2019/315 of 21 February 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to Afric an swine fever in certain Member States (notified under document C(2019) 1576) Regulation (EU) 2019/2 87 of the European Parliament and of the Council of 13 February 2019 implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between the European Union and third countries Notice from the European Commission on cumulation between the European Union and certain States belonging to the African Caribbean and Pacific group of States (‘ACP States’) applying an EPA, other ACP States and the Overseas Countries and Territories of the European Union under the Economic Partnership Agreements between the European Union and the CARIFORUM States, the Pacific States and the Eastern and Southern Africa States [2019/C 69/02] 25-02-19 Commission Implementing Regulation (EU) 2019/321 of 18 February 2019 concerning the classification of certain goods in the Combined Nomenclature and repealing Implementing Regu lation (EU) 2017/1232 26-02-19 Commission Implementing Regulation (EU) 2019/324 of 25 February 2019 amen ding Implementing Regulation (EU) No 540/2011 as regards the approval Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 48 OJ Date Subject periods of the active substances bifenthrin, carboxin, FEN 560 (also called fenugreek or fenugreek seed powder), pepper dust extraction residue and sodium aluminium silicate Corrigendum to Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975) ( OJ L 296, 22.11.2018 ) Commission Regulation (EU) 2019/318 of 19 February 2019 amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles 27-02-19 Commission Delegated Regulation (EU) 2019/330 of 11 December 2018 amending Annexes I and V to Regulation (EU) No 649/ 2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals ( 1 ) 28-02-19 Commission Delegated Regulation (EU) 2019/334 of 19 December 2018 amending Delegated Regulation (EU) 2015/2 4 46 as regards the time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man Commission Implementing Regulation (EU) 2019/336 of 27 February 2019 amending Regulation (EU) No 1141/2010 and Implementing Regulation (EU) No 686/2012 as regards the rapporteur Member State for the evaluation of 1- methylcyclopropene, famoxadone, mancozeb, methiocarb, methoxyfenozide, pirimicarb, pirimiphos-methyl and thiacloprid Commission Implementing Regulation (EU) 2019/337 of 27 February 2019 approving the active substance mefentrifluconazole in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 Decision (EU) 2019/339 of the President of the European Commission o f 21 February 2019 on the function and terms of reference of the hearing officer in certain trade proceedings Corrigendum to Commission Regulation (EU) 2018/1497 of 8 October 2018 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards food category 17 and the use of food additives in food supplements ( OJ L 253, 9.10.2018 ) Commission Regulation (EU) 2019/319 of 6 February 2019 amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annex XV to Commission Regulation (EU) No 142/2011 as regards health certification at import into the Union concerning transmissible spongiform encephalopathies (Text with EEA relevance.) Restrictive measures established, amended, correcte d During the past month, the following restrictive measures were established, amended or corrected: OJ Date Restrictive Measure 04-02-19 Commission Implementing Regulation (EU) 2019/162 of 1 February 2019 amending Council Regula tio n (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq 14-02-19 Commission Implementing Regulation (EU) 2019/257 of 13 February 2019 amending for the 294th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations 18-02-19 Council Implementing Regulation (EU) 2019/270 of 18 February 2019 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 49 OJ Date Restrictive Measure Council Decision (CFSP) 2019/271 of 18 February 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and AlQaeda and persons, groups, undertakings and entities associated with them 19-02-19 Council Regulation (EU) 2019/278 of 18 February 2019 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe Commission Implementing Regulation (EU) 2019/283 of 18 February 2019 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe Council Decision (CFSP) 2019/284 of 18 February 2019 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe Council Implementing Regulation (EU) 2019/279 of 18 February 2019 implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view o f the situation in Afghanistan Council I mplementing Decision (CFSP) 2019/285 of 18 February 2019 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan 26-02-19 Council Decision (CFSP) 2019/325 of 25 February 2019 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. INDIVIDUAL COUNTRIES FRANCE Official Gazette (Journal officiel) Date Measure 14-02-19 1 Law № 2019-89 of 13 February 2019 authorizing the ratification of the Partnership Agreement on relations and cooperation between the European Union and its Member States, of the one part, and New Zealand, of other part 30 Decree No. 2019-93 of 12 February 2019 amending Decree No. 2007-1665 of 26 November 2007 on the organization of deconcentrated services of the Directorate Genera l of Customs and Indirect Taxation and Decree No. 97-1195 of 24 December 1997 for the application of the second paragraph of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions (Ministers for Finance, Economy and Industry) 31 Decree No. 2019-94 of 12 February 2019 establishing a service with national competence called “National Customs Coast Guard” 16-02-19 95 Notice to manufacturers, importers and distributors concerning the application of Decree No 2016-364 of 29 March 2016 laying down the safety requirements for bicycles 20-02-19 3 Decree No. 2019-108 of 18 February 2019 publishing the Agreement between the European Union and its Member States, of the one part, and Iceland, of the other part, concerning the participation of Iceland in the joint implementation of the commitments of the European Union, its Member States and Iceland during the second commitment period of the Kyoto Protocol to the United Nations Framework Conven tion on Climate Change (two annexes together ), signed in Brussels on 1 April 2015 Notices to importers The following notices were posted by Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 50 Other EU-EFTA Notices – Import-export related measures, below) : Release Date Ref. no. and Subject 06-02-19 2019/04-Notice to importers of iron and steel products 08-02-19 2019/05-Notice to importers of salted “schooloys” from the Republic of Mauritius 11-02-19 2019/06-Notice to importers of ammonium nitrate originating in Russia 12-02-19 2019/07-Notice to importers of biodiesel from Argentina 18-02-19 2019/08-Notice to importers of steel wheels originating in the People’s Republic of China 2019/09-Notice to Importers of Threaded, Cast Iron, Malleable Iron Pipe Fittings From Thailand and the People’s Republic of China 2019/10-Notice to importers of certain spheroidal cast iron articles originating in the People’s Republic of China 20-02-19 2019/11 – Notice to Importers of Certain Agricultural and Industrial Products Eligible for Stand-By Suspension and Tariff Rate Quotas 21-02-19 2019/12-Notice to importers of certain woven and / or stitched fiberglass fabrics originating in the People’s Republic of China and Egypt 2019/13-Notice to importers of certain manganese dio xid es originating in the Republic of South Africa 2019/14-Notice to Importers of Hides and Chamois Skins from the People’s Republic of China SWITZERLAND Switzerland and UK sign trade continuity agreement On 11 February 2019, the Federal Council announced that Swiss Federal Councillor Guy Parmelin and the British Secretary of State for International Trade, Liam Fox, signed a bilateral trade agreement that will assure the continuation of economic and trade relations between Switzerland and the United Kingdom after the UK’s withdrawal from the European Union (Brexit). The announcement said, in part: The trade agreement signed today by Switzerland and the UK ensures the continuation of the economic and commercial rights and obligations arising from the agreements between Switzerland and the European Union (EU). This new agreement lays the foundations for the two parties to continue their sound economic and trade relations once the United Kingdom has left the EU. The new agreement was concluded as part of the Federal Council’s ‘Mind the Gap’ strategy. It replicates the vast majority of the trade agreements with the EU that currently govern relations between Switzerland and the United Kingdom: the 1972 Free Trade Agreement, the Agreement on Public Procurement, the Agreement on the Fight against Fraud, part of the Agreement on Mutual Recognition in Relation to Conformity Assessment and the 1999 Agreement on Agriculture. These various agreements have the effect of reducing or even eliminating trade barriers and discrimination in bilateral economic excha nge. Some agreements between Switzerland and the EU are based on harmonisation or recognition of the equivalence of rules between the two parties (2009 Agreement on Customs Facilitation, some sections of the Agreement on Agriculture including the annex known as the ‘veterinary agreement’ and some sections of the Agreement on Mutual Recognition in Relation to Conformity Assessment) and cannot be replicated in their entirety at this stage. An additional agreement between Switzerland, the United Kingdom and the Principality of Liechtenstein to extend the relevant provisions of the trade agreement to the territory of Liechtenstein under the Swiss-Liechtenstein Customs Union was also signed today. The signed agreement will come into force as soon as the Swiss/EU agreements Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 51 cease to apply to relations between Switzerland and the UK. If the Brexit transition period begins as planned on 30 March, the Swiss/EU agreements will continue to apply between Switzerland and the UK. In this scenario, the agreement will serve as a basis for economic and trade relations between the two parties after the end of the transition period. Should the United Kingdom leave the EU on 29 March without a deal, the agreement will come into effect on a provisional basis from 30 March 2019. As part of its ‘Mind the Gap’ strategy, the Federal Council wishes to ensure that the existing mutual rights and obligations in its relationship with the UK will continue to apply as far as possible after the UK leaves the EU, and to expand them in certain areas. With this in mind Switzerland and the UK have already signed agreements on road transport, air transport and insurance. In December 2018 the Federal Council adopted an agreement on citizens’ rights with the United Kingdom. Recueil officiel Date Measure 01-02-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) 05-02-19 Agreement in the form of an Exchange of Letters between the Swiss Confederation and the Kingdom of Norway concerning cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey within the framework of the Generalized System of preferences (RS 0.632.315.981) Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey under the Generalized System of preferences (0.632.401.021) Agreement of 20 March 1958 concerning the Adoption of Harmonized UN Technical Regulations for Wheeled Vehicles and Equipment and Parts That May b e Mounted or Used on Wheeled Vehicles and Conditions for Reciprocal Recognition of Approvals issued in Accordance with the these Regulations (RS 074 .141.1) 06-02-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) 11-02-19 Agreement of 15 April 1994 establishing the World Trade Organization. Export competition.Ministerial Decision of 19 December 2015 (RS 0.632.20) Agreement of 15 April 1994 establishing the World Trade Organization. Modification of the Switzerland-Liechtenstein LIX Schedule in the field of export subsidies (RS 0.632.20) 14-02-19 FSVO Order instituting measures to prevent the introduction of peste des petits ruminants present in Bulgaria (RS 916.443.115) 15-02-19 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 19-02-19 Ordinance of the FDF concerning mobile elements applicable to the import of processed agricultural products (RS 632.111.722.1) Ordinance of the FOAG concerni ng the control of grape musts, grape juice and wines for export (RS 916.145.211) Ordinance on Technical Requirements for Road Vehicles (OETV) (RS 741.41) FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) 26-02-19 Ordinance on the Reduction of Risks Relating to the Use of Particularly Dang e rous Substances, Preparations and Articles (Ordinance on the Reduction of Risks Relating to Chemicals, ORRChem) (RS 814.81) Ordinance of the DFI on Food of Animal Origin (ODAIAn) (RS 817.022.108) 28-02-19 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) Date Restrictive Measure 11-02-19 Amendment to the Ordinance of 2 October 2000 instituting measures against Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 52 Date Measure per sons and entities related to Osama bin Laden, “al-Qaeda” group or the Taliban (RS 946.203) [Entry into force: 08-02-19] 13-02-19 Amendment to the Ordinance of 27 August 2014 instituting measures to prevent the circumvention of international sanctions in connection with the situation in Ukraine (RS 946.231.176.72) [Entry into force 14-02-19] 19-02-19 Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.128.67) 26-02-19 Ordinance on International Trade in Rough Diamonds (Diamond Ordinance) (RS 946.231.11) UNITED KINGDOM UK issues guidance on existing trade agreement if the UK exits the EU without a deal On 21 February, 2019, the Department for International Trade (DIT) issued guidance entitled, Existing trade agreements if the UK leaves the EU without a deal, which sets out the status of those agreements (free trade agreements, economic partnership agreements, association agreements and customs union) that may not be in p lace by exit day. It also links to trade agreem ents that have been signed and mutual recognition agreements that have been signed. The guidance notes: This concerns guidance for a no deal scenario. Leaving the EU with a deal remains the government’s top priority. This has not changed. While a number of these continuity agreements are likely to be concluded by exit day, it is the duty of government to produce a highly cautious list of those that may not be in place in order that businesses and individuals ensure that they are prepared for every eventuality. It remains our priority to conclude trade continuity agreements with these countries by exit day or as soon as possible thereafter. We are exploring a range of options to ensure continuity of effect for trade agreements if an agreement has not been ratified and brought into force in time for exit day. The UK is working with partner countries to bring into force bilateral agreements that will ensure continuity for the effects of existing EU trade agreements. But all of these repla cement agreements may not be ready in time for 29 March 2019 if we leave the EU without a deal. You can find below details of countries concerned together with the status of discussions: (Column 4 shows UK trade with country(ies) as percentage of total UK trade, year to Q3 2018) A) TRADE AGREEMENTS AGREEMENT TYPE OF AGREEMENT STATUS OF DISCUSSIONS AIMED AT REPLICATING THE EFFECTS OF THE AGREEMENT UK TRADE Albania (Western Balkans) Association Agreement Engagement ongoing 0.00% Algeria Association Agreement Engagement ongoing – It is unlikely that UK will reach an agreement prior to exit day. 0.19% Andean (Colombia, Peru and Ecuador) [partially in effect in EU} Free Trade Agreement Engagement ongoing 0.18% Bosnia & Herzegovina Association Agreement Engagement ongoing 0.01% Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 53 (Western Balkans) Cameroon [partially in effect in EU} (Central Africa) Economic Partnership Agreement Engagement ongoing 0.01% Ca nada [partially in effect in EU} Free Trade Agreement Engagement ongoing 1.43% CARIFORUM Economic Partnership Agreement Engagement ongoing 0.26% Central America (Panama, Guatemala, Costa Rica, El Salvador, Honduras, Nicaragua) Association Agreement Engagement ongoing 0.08% Côte d'Ivoire Economic Partnership Agreement Engagement ongoing 0.03% Egypt Association Agreement Engagement ongoing 0.24% Georgia Association Agreement Engagement ongoing 0.01% Ghana (Western Africa) Economic Partnership Agreement Engagement ongoing 0.10% Japan [until Feb. 2019 on WTO terms] Free Trade Agreement Engagement ongoing. UK will not transition this agreement for exit day NA [2.2% until Feb. 2019] Jordan Association Agreement Engagement ongoing 0.03% Kenya (EAC) [pending in EU] Economic partnership Agreement Engagement ongoing 0.11% Kosovo Association Agreement Engagement ongoing 0.00% Lebanon Association Agreement Engagement ongoing 0.05% Mexico Free trade Agreement Engagement ongoing 0.34% Moldova Associ ation Agreement Engagement ongoing 0.04% Montenegro (Western Balkans) Stabilisation and Association Agreement Engagement ongoing 0.01% Morocco Association Agreement Engagement ongoing 0.18% North Macedonia (Western Balkans) Association Agreement Engagement ongoing 0.15% Serbia (Western Balkans Association Agreement Engagement ongoing 0.04% Southern Africa Customs Union and Mozambique (Botswana, Eswatini (Swaziland), Lesotho, Mozambique, Namibia, South Africa) Economic Partnership Agreement Engagement ongoing 0.75% South Korea Free Trade Agreement Engagement ongoing 1.16% Tunisia Association Agreement E ngagement ongoing 0.03% Ukraine [partially in effect in EU} Associati on Agreement Engagement ongoing 0.09% B) AGREEMENTS WITH COUNTRIES THAT ARE CLOSELY ALIGNED WITH THE EU Andorra and San Marino Customs Union UK will not transition this agreement for exit day 0.03% EEA (Norway, Iceland, Liechtenstein) [Liechtenstein will be covered under UK-Swiss agreement as far as possible] Economic A rea Agreement Engagement ongoing 2.30% Turkey Customs Union UK will not transition this agreement for exit day 1.39% C) MUTUAL RECOGNITION AGREEMENTS Japan Mutual Recognition Agreement Engagement ongoing NA Details of current EU FTAs in which the UK currently participates are available here. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 54 Details of current EU MRAs in which the UK currently participates are available here. UK signs continuity agreements with Israel and the Palestinian Authority On 18 February 2019, the Department for International Trade (DIT) announced the signing of the UK-Israel Trade and Partnership Agreement, which replicates the existing trading arrangements under the EU-Israel Association Agreement as far as possible. It will come into effect as soon as the implementation period ends in January 2021, or on 29 March 2019 if the UK leaves the EU without a deal. The trade continuity agreement simplifies trade and allows bus inesses to trade as freely as they do now, without any additional barriers or tariffs. The agreement will see British businesses and consumers benefitting from continued trade with Israel after the UK leaves the European Union. The announcement stated, in part: This will help to further strengthen the trading relationship between the UK and Israel, which was worth £4 billion in the year ending 2018 Q3. The British vehicles sector could avoid up to £9 million a year in tariff charges on their exports that would apply if the agreement wasn’t in place, while machinery and mechanical appliance exporters could avoid up to £5 million a year. The agreement also protects existing preferential market access for important products. Consumers in the UK will continue to benefit from more choice and lower prices on goods imported from Israel, such as pharmaceutical products, with Israeli companies acting as major suppliers to the NHS. The deal will ensure crucial protection for intellectual propert y rights and maintain high trading standards across industry. Considering that the EU-Israel Association Agreement was signed in 1995 and the world of trade has evolved since, Ministers from the UK and Israel re-affirmed their desire to see an ambitious free trade deal concluded between their countries. On 18 February 2019, the DIT also announced the signing of a UK-Palestinian Authority agreement in Ramallah that replicates the existing trading arrangements as far as possible. It will come into effect as soon as the implementation period ends in January 2021, or on 29 March 2019 if the UK leaves the EU without a deal. The agreement simplifies trade and will allow businesses to trade as freely as they do now once the UK leaves the EU. Trading on these preferential terms, rather than on World Trade Organization terms, will continue to deliver significant savings and help to further strengthen the bilateral trading relationship. The agreement allows Palestinian businesses to continue acc ess to the UK market tariff-free which will continue to benefit Palestinian producers in priority sectors, including exporters of fruit, nuts and vegetable fats including dates and olive oil. The UK is seeking to provide continuity for around 40 existing EU trade agreements covering more than 70 countries. UK and USA agree to continue Mutual Recognition Agreement On 14 February 2019, the Department for International Trade (DIT) announced that the Mutual Recognition Agreement on Conformity Assessment (MRA) was Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 55 signed by Her Majesty’s Ambassador and the Deputy United States Trade Representative in Washington on 14 February. The arrangement, which helps boost British trade with the US, will continue when the UK leaves the European Union, supporting jobs in both countries. The announcement said: The agreement will maintain all relevant aspects of the current EU-US MRA when the EU-US agreement ceases to a pply to the UK. It helps facilitate goods trade between the two nations and means UK exporters can continue to ensure goods are compliant with technical regulations before they depart the UK, saving businesses time, money and resources. American exporters to the UK benefit in the same way. Total UK-US trade in sectors covered by the deal is worth up to £12.8 billion, based on recent average trade flows. Of this, the UK exports covered are worth an estimated £8.9 billion- more than a fifth of total UK goods exports to the US. Today’s signing marks a crucial step in the important trading relationship between the UK and America, the world’s largest economy. The agreement benefits a range of sectors, including pharmaceuticals. Pharmaceuticals account for around £7.7 billion of UK exports to the US – nearly 18% of total UK goods exports to the US. Other industries that will benefit include the tech sector and telecommunications equipment suppliers. Similar agreements have been signed in rec ent weeks with Australia and New Zealand, ensuring continuity and safeguarding revenues for British businesses and consumers. UK Government publishes draft export control legislation in preparation for Brexit On 12 February 2019, as part of the UK Government’s Brexit planning, the Department for International Trade published the Trade etc. in Dual-Use Items, Firearms and Torture etc. Goods (Amendment) (EU Exit) Regulations 2019 (the “Regulation”), which is available here. This is the latest draft statutory instrument published by the Department for International Trade which amends export control legislation in order to prepare for the UK’s exit from the EU. The first of these instruments was the Export Control (Amendment) (EU Exit) Regulations 2019 (available here), which amends provisions within the following domestic legislation: the Export of Radioactive Sources (Control) Order 2006 and the Export Control Order 2008, and other domestic subordinate legislation in connection with EU s anctions regimes. The Regulation makes changes to retained EU legislation to ensure that their provisions operate as UK rules after withdrawal. It amends the following: Council Regulation (EC) No 1236/2005 of 27 June 2005, which concerns rules governing trade with countries in goods that could be used for the purpose of capital punishment or torture etc.; Council Regulation (EC) No 428/2009 of 5 May 2009, which set up a Community regime for the control of exports, transfer, brokering and transfer, brokering and transit of dual-use items; and Regulation (EU) No 258/2012 of the European Parliament and of the Council implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. The legislation also amends primary legislation and, in particular, omits sections of the Export Control Act 2002 which will have no practical application once the UK has withdrawn from the EU, including omit ting the power to make provisions Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 56 relating to controls on the export of goods, transfer of technology and technical assistance that may be imposed by a directly applicable EU provision. The UK Government has not produced an impact assessment for this instrument as no significant impact on the private, voluntary or public sector is foreseen. If you have any questions, please contact the author, Ross L. Denton. Switzerland and UK sign trade continuity agreement See article under Switzerland above. UK Government Publishes No-Deal Brexit OGEL As part of the UK government’s planning for a No Deal Brexit, the UK Department for International Trade (DIT) has published an open general export licence (“OGEL”), allowing the export of dual-use items (with both a civilian and military application) from the UK to EU Member States and the Channel Islands (full licence here). The OGEL will come into force at 11pm on 29 March 2019 if the UK leaves the EU on that date without a deal or a transition period for its withdrawal. In order to use this licence, exporters must first register through SPIRE, the UK Government’s export control electronic licensing system, stating that records of exports and transfers will be kept and detailing where they may be inspected. The OGEL applies to all goods listed under Annex I of Regulation (EC) No. 428/2009, and excludes goods listed under Annex IV. The OGEL also replicates the exclusions currently in place on Annex I goods exported outside of the EU, by excluding goods that fall under Annex I if: the exporter was informed by the Secretary of State that such items are or may be intended for use in connection with nuclear weapons or military items; the exporter is aware that such items are or may be intended for use in connection with nuclear weapons or military items; or the exporter has grounds for suspecting that such items are or may be intended for use in connection with nuclear weapons or military items, unless the exporter has made all reasonable inquiries as to their proposed used. Finally, this licence comes with specific administrative conditions and requirements: recordkeeping obligations (for at least 3 years from the end of the calendar year in which the export takes place); notification to the Secretary of State of the exporter’s name and the address where records mentioned above are kept; and inclusion of a note with the goods that they are being exported under the OGEL (or giving their SPIRE reference). All goods covered by Category O also come with an additional notification obligation to the Department for Business, Energy and Industrial Strategy. If you have any questions, please contact the authors, Sunny Mann and Ross L. Denton. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 57 UK and Chile and UK-Faroe Islands sign continuity agreements Chile On 30 January 2019, the Departme nt of International Trade announced the signing of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile (UK-Chile Agreement), a trade continuity agreement between Chile and the UK. The UK-Chile agreement will insure that each countries’ goods will continue to benefit from preferential trading arrangements after the UK exits the EU on 29 March 2019, or after an implementation period, if UK-EU negotiations are successful. The UK expects to sign a number of other agreements due to be agreed in the coming weeks. The announcement said: UK manufacturers benefit from preferential access to the Chilean market to sell their goods, and UK consumers benefit from lower prices on Chilean goods, such as wines, fruits and nuts and other products. Trade in goods and services between the UK and Chile has grown by 9% per year on average since the agreement was provisionally applied in 2003. UK exports to Chile have grown by 16% on average each year and a total increase of 351% since the agreement was provisionally applied. The agreement also protects intellectual property rights and maintains preferential market access for trade in services. It will also allow British and Chilean companies to bid for some public sector contracts in each other’s countries, helping to create jobs and deliver better value for taxpayers. Faroe Islands On 31 January 2019, the UK signed a trade continuity agreement with the Faroe Islands. Faroese exports are important to the UK’s processing sector. With almost £200 million worth of fish and crustaceans brought into the UK from the Faroe Islands in 2017, this agreement will allow imports to continue tariff-free and enable businesses to trade as freely as they do now. Trading on these preferential terms will secure savings and help to safeguard access to fish products from the Faroe Islands. Consumers in the UK will potentially benefit from greater choice and lower prices for fis h and seafood such as Atlantic salmon, haddock and halibut. This will ensure fresh, quality and affordable produce is readily available for British retailers and consumers. The new agreements replicate the existing trading arrangements as far as possible. They will come into effect as soon as the implementation period ends in January 2021, or on 29 March 2019 if the UK leaves the EU without a deal. Legislation (legislation.gov.uk) Date Measure 04-02-19 SI 2019/162 – The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/156 – The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019 SI 2019/150 – The Food (Amendment) (England) (EU Exit) Regulations 2019 SSI 2019/25 – The Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 58 Date Measure SR 2019/9 – The Food Safety (Information and Compositional Requirements) (Amendment) Regulations (Northern Ireland) 2019 06-02-19 SI 2019/180 – The Plant Health etc. (Fees) (England) (Amendment) Regulations 2019 SI 2019/170 – The Transmissible Spongiform Encephalopathies and Animal ByProducts (Amendment etc.) (EU Exit) Regulations 2019 07-02-19 SI 2019/190 – The Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SSI 2019/33 – The Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019 SSI 2019/32 – The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 SSI 2019/30 – The Equine Animal (Identification) (Scotland) Regulations 2019 SSI 2019/28 – The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 08-02-19 SI 2019/188 – The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 SSI 2019/34 – The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 SR 2019/11 – The Agriculture (Miscell aneous Amendments) Regulations (Northern Ireland) 2019 11-02-19 SI 2019/211 – The Marketing of Seeds and Plant Propagating Ma terial (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/208 – The Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019 SI 2019/207 – The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019 12-02-19 2019 c. 5 – Crime (Overseas Production Orders) Act 2019 2019 c. 3 – Counter-Terrorism and Border Security Act 2019 14-02-19 SI 2019/257 – The Crown Dependencies Customs Union (Isle of Man) (EU Exit) Order 2019 SI 2019/256 – The Crown Dependencies Customs Union (Jersey) (EU Exit) Order 2019 SI 2019/254 – The Crown Dependencies Customs Union (Guernsey) (EU Exit) Order 2019 SI 2019/253 – The Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2019 15-02-19 SSI 2019/38 – The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of In vasive Animal and Plant Species) (Scotland) Order 2019 SSI 2019/37 – The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2019 SR 2019/18 – The Environmental Protection (Microbeads) Regulations (Northern Ireland) 2019 18-02-19 SI 2019/274 – The International Joint Investigation Teams (International Agreements) (EU Exit) Order 2019 19-02-19 SI 2019/306 – The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/282 – The Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/281 – The Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SSI 2019/53 – The Food Composition, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 SSI 2019/52 – The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 20-02-19 SSI 2019/54 – The Nutrition (EU Exit) (Sco tland) (Amendment) Regulations 2019 SSI 2019/57 – The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019 26-02-19 SI 2019/353 – The Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 59 Date Measure 27-02-19 SI 2019/367- The Trade in Animals and Related Products (Amendment) (Wales) (EU Exit) Regulations 2019 – Rheoliadau’r Fasnach mewn Anifeiliaid a Chynhyrchion Perthynol (Diwygio) (Cymru) (Ymadael â’r UE) 2019 28-02-19 SI 2019/392 – The Conformity Assessment (Mutual Recognition Agreements) Regulations 2019 SI 2019/385 – The Customs (Crown Dependencies Customs Union) (EU Exit) Regulations 2019 SI 2019/326 – The Customs (Import Duty, Transit and Miscellaneous Amendments) (EU Exit) Regulations 2019 Date Restrictive Measure 20-02-19 SI 2019/185 – The Sanctions (Overseas Territories) (Amendment) Order 2019 SI 2019/184 – The Eritrea (Sanctions) (Overseas Territories) (Revocation) Order 2019 25-02-19 SI 2019/329 – The Proscribed Organisations (Name Change) Order 2019 28-02-19 SI 2019/406 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2019 Reports, consultations, trade agreements The Department for International Trade (D IT) has released the following documents [DBEIS= Department for Business, Energy & Industrial Strategy; FCO=Foreign & Commonwealth Office; HMT= HM Treasury]: Release Date Subject 06-02-19 DIT: Closed consultation: Trade with the Comprehensive and Progressive Agreement for Trans-Pacific Partnership DIT: Closed consultation – Trade with Australia DIT: Closed consultation – Trade with the US DIT: Collection – ESA-UK Economic Partnership Agreement (EPA) DIT: Collection – UK-Faroe Islands Free Trade Agreement (FTA) DIT: Collection – UK-Chile association agreement DIT: Policy paper – Continuing the UK’s trade relationship with the Eastern and Southern African region: parliamentary report DIT: Policy paper – Continui ng the UK’s trade relationship with the Faroe Islands: parliamentary report DIT: Policy paper – Continuing the UK’s trade relationship with Chile: parliamentary report 07-02-19 DIT: Closed consultation – Trade with New Zealand 21-02-19 DIT: Existing trade agreements if the UK leaves the EU without a deal 28-02-19 Austria: providing services after EU Exit (DIT, DBEIS, FCO) Cyprus: providing services after EU Exit (DI T , DBEIS, FCO) Denmark: providing services after EU Exit (DIT, DBEIS, FCO) Finland: providing services after EU Exit (DIT, DBEIS, FCO) France: providing services after EU Exit (DIT, DBEIS, FCO) Germany: providing services after EU Exit (DIT, DBEIS, FCO) Greece: providing services after EU Exit (DIT, DBEIS, FCO) Export Control, Embargo and Sanctions Notices The following Export Control Joint Unit (ECJU) Notices to Exporters and other Department for International Trade (DIT), Foreign and Commonwealth Office (FCO), HM Treasury (HMT) and Office of Financial Sanctions Implementa tion (OFSI) documents were issued: Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 60 Date Notice No. and Subct 01-02-19 UK sanctions on Iran relating to human rights (FCO, ECJU, OFSI) UK sanctions on Venezuela (FCO, ECJU, OFSI) UK sanctions on Burma (FCO, ECJU, OFSI) Post EU Exit: Financial sanctions – General Guidance (HMT, OFSI) 05-02-19 Current list of designated persons, terrorism and terrorist financing (HMT, OFSI) Financial sanctions, Iraq (HMT, OFSI) Who is subject to financial sanctions in the UK? (HMT, OFSI) 18-02-19 Notice to exporters 2019/04: software control list entry added to 3 military OGELs software and source code for military goods military goods, software and technology military goods, software and technology: government or NATO end use 20-02-19 Financial sanctions, Afghanistan (HMT, OFSI) HMRC updates The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs: Release Date Ref. no. and Subject Customs Information Papers 24-01-19 Tariff changes for countries in the General System of Preference (CIP1) 29-01-19 Preferential trade deal between the EU and Japan (CIP2) 19-02-19 Change of address for the submissions of rejected imports claims (CIP3) Tariff, Anti-Dumping and Other Notices 01-02-19 Transit Manual Supplement 04-02-19 Letters on ‘no deal’ Brexit advice for businesses only trading with the EU 06-02-19 Partnership pack: preparing for changes at the UK border after a no deal EU exit Notice 372: importing commercial samples free of duty and VAT 07-02-19 Excise Notice 263: marine voyages – relief from fuel duty UK Trade Tariff: excise duties, reliefs, drawbacks and allowances Monthly euro conversion rates for calculating Customs Duty 08-02-19 Apply for repayment or remission of import duties (C285CDS) 12-02-19 Apply for a voluntary clearance amendment (underpayment) (C2001) CHIEF Apply for a voluntary clearance amendment (underpayment) (C2001CDS) 19-02-19 UK Tra de Tariff: excise duties, reliefs, drawbacks and allowances 20-02-19 Contact lists of providers who support Customs Freight Simplified Procedures 21-02-19 Notice 343: importing capital goods free of duty and VAT Notice 342: importing miscellaneous documents and other related articles free of duty and VAT Notice 374: importing goods for test free of duty and VAT Notice 368: importing inherited goods free of duty and VAT Imports of certain biodiesel, originating in Argentina (Anti-Dumping Duty 2316) Imports of threaded tube or pipe cast fittings of malleable cast iron, originating in the People’s Republic of China and Thailand (Anti-Dumping Duty 2320) Imports of certain cast iron articles, originating in the People’s Republic of China (Anti-Dumping Duty 2319) Imports of sodium cyclamate origination in China (Anti-Dumping Duty 2318) Seamless tubes and pipes originating in the People’s Republic of China (AntiDumping Duty 2317) Imports of solar glass, originating in Malaysia (Anti-Dumpi ng Duty 2321) 25-02-19 HMRC impact assessment for the movement of goods if the UK leaves the EU without a deal 27-02-19 Notice 199B: approved depositories under external temporary storage facility Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 61 OTHER EU-EFTA COUNTRIES Import-export related measures The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Measure GERMANY 24-01-19 Act amending the Beef Labeling Act and Milk Law Provisions and repealing the Beef Labeling Penal Regulation (18-01-19) from No. 2 of 24.01.2019, page 33 15-02-19 Ordinance on the transfer of responsibilities to main customs offices for the area of several main customs offices (Hauptzollamtsz ulschafterverordnung – HZAZustV) (11-02-19) from No. 4 of 15.02.2019, page 82 ICELAND 05-02-19 № 1393/2018 Regulation amending the Regulation on coercive measures concerning the Central African Republic, no. 760/2014, with subsequent amendments. 19-02-19 № 171/2019 Regulation on (19.) amendment of Regulation no. 104/2010 on the entry into force of the Regulation of the European Parliament and of the Council (EC) No 104/2010 853/2004 on special rules on hygiene related to food of animal origin. № 173/2019 Regulation (13) amendment of Regulation no. 167/2015 on pharmacologically active substances and their classification for MRLs in food of animal origin. № 174/2019 Regulation (13) amendment of Regulation no. 106/2010 on the entry into force of the Regulation of the European Parliament and of the Council (EC) no. 882/2004 on official controls to confirm that the law on feed and food and rules on animal health and welfare are respected. 21-02-19 Law № 9/2019 on the amendment of the Custom s Act, no. 88/2005, with subsequent amendments (transfer of funds, VRA certification) 28-02-19 № 13/2019 Notice amending Annex I to the Customs Act no. May 18, 2005, with subsequent amendments IRELAND (EIRE) 01-02-19 SI No. 18 of 2019 European Communities (Official Controls On The Import Of Food Of Non-Animal Origin) (Amendment) Regulations 2019 15-02-19 SI No. 36 of 2019 Medicinal Products (Safety Features On Packaging) Regulations 2019 19-02-19 SI No. 53 of 2019 European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2019 LUXEMBOURG 11-02-19 Mem A 61: Grand-Ducal Regulation of 1 February 2019 amending the GrandDucal Regulation of 14 December 2018 on the control of exports. 13-02-19 Mem A 65: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem A 66: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg. Mem A 67: Implementation of new European telecommuni cations standards applicable in the Grand Duchy of Luxembourg. NORWAY 12-02-19 FOR-2019-02-11-79 MINISTRY OF AGRICULTURE AND FOOD: Regulations on amendments to regulations on pesticides FOR-2019-02-11-80 MINISTRY OF HEALTH AND CARE SERVICES Regulations on joint coordinated monitoring program for 2019, 2020 and 2021 for pesticide residues in foodstuffs FOR-2019-02-11-81 MINISTRY OF HEALTH AND CARE SERVICES Regulations on Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 62 Date* Measure amendments to regulations on residues of pesticides in food and feed FOR-2019-02-12-84 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on pesticides 13-02-19 FOR-2019-02-11-91 MINISTRY OF TRANSPORT AND COMMUNICATIONS Regulations on amendments to regulations concerning requirements for CO₂ emissions, etc. for manufacturers of passenger and vans FOR-2019-02-08-90 MINISTRY OF LABOR AND SOCIAL AFFAIRS, MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on amendments to the regulation on biocides (the Biocides Regulations) FOR-2019-02-11-92 MINISTRY OF HEALTH AND CARE SERVICES Regulations on changes in the aroma regulations FOR-2019-02-11-93 MINISTRY OF AGRICULTURE AND FOOD Regulations amending the regulation on temporary preventive measures to prevent the transmission of highly pathogenic avian influenza from wild birds to poultry and other captive birds FOR-2019-02-12-94 MINISTRY OF HEALTH AND CARE SERVICES, MINISTRY OF TRADE AND INDUSTRY, MINISTRY OF AGRICULTURE AND FOOd Regulations on amendments to the regulations on additives for use in feed FOR-2019-02-12-95 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on special protection measures against the spread of foot-and-mouth disease to the EEA area FOR-2019-02-13-97 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations o n amendments to regulations on the registration, assessment, approval and limitation of chemicals (REACH regulations) 14-02-19 FOR-2019-02-13-1 00 Ministry of Trade and Fisheries, Ministry of Agriculture and Food, Ministry of Health and Care Services Regulations on amendments to regulations on public control of compliance with regulations on feed, foodstuffs and health and welfare in animals (control regulations) FOR-2019-02-13-101 MINISTRY OF TRADE AND FISHERIES, MINISTRY OF AGRICULTURE AND FOOD, MINISTRY OF HEALTH AND CARE SERVICES Regulation amending the regulation on special import conditions for feed and foodst uffs originating in or exported from Japan POLAND 05-02-19 214 Regulation of the Minister of Finance of January 14, 2019 regarding customs and tax control of extracting certain minerals 08-02-19 247 Regulation of the Minister of Internal Affairs and Administration of February 7, 2019 on the reintroduction of temporary border control of persons crossing the state border form ing the internal border 18-02-19 301 Regulation of the Minister of Finance of February 11, 2019 amending the regulation on additional data subje ct to indication in the declaration of carriage of goods 305 Regulation of the Minister of Culture and National Heritage of 11 February 2019 amending the ordinance on the model of notification of entry into the territory of the Republic of Poland and the model of notification of removal from the territory of the Republic of Poland of movable property of historical, artistic or scientific value, rented from abroad for a temporary exhibition organized on the territory of the Re public of Poland, covered by legal protection Restrictive measures established, amended, corrected The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Baker McKenzie International Trade Compliance Update | M arch 2019 8458530-v6\WASDMS 63 Date* Restrictive Measure LIECHTENSTEIN 08-02-19 LGBI № 2019.030 Ordinance of 5 February 2019 amending the Regulation on measures against certain persons from Tunisia (LR № 946.223.6) LGBI № 2019.056 Order of 26 February 2019 amending the Regulation on measures against Zimbabwe (LR № 946.222.4) LUXEMBOURG 18-02-19 Mem A 71: Ministerial Regulation of 18 February 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the Implementation of United Nations Security Council Resolutions and Acts adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the fight against the financing of terrorism. NORWAY 14-02-19 FOR-2019-02-13-102 MINISTRY OF FOREIGN AFFAIRS Regulations on amendments to regulations on sanctions and restrictive measures against Libya Non EU-EFTA European Countries UKRAINE Legislation (laws, resolutions, order s, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers (Розпорядження Кабінету Міністрів України), Regulations (Положення), Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website during the period of coverage of this Update: Date Subject 06-02-19 On Approval of the Draft Decision of the EU-Ukraine Association for Trade in the Formation of the List of Arbitrators provided for in Article 323 (1) of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States, on the other the sides Order of the Cabinet of Ministers of Ukraine dated 06.0220 1 9 No. 40-p 07-02-19 On the boundaries and list of districts, cities, towns and villages, parts of their territories temporarily occupied in the Donetsk and Luhansk oblasts Decree of the President of Ukraine; The list from 07.02.201 9 № 32/2019 On Amendments to the Constitution of Ukraine (Regarding the Strategic Course of the State on Acquiring Full-fledged Membership of Ukraine in the European Union and the North Atlantic Treaty Organization) Law of Ukraine dated 07.02.2019 No. 2680-VIII 13-02-19 Questions of customs clearance of vehicles imported into the customs territory of Ukraine Resolution of the Cabinet of Ministers of Ukraine dated 13.02.2019 No. 101 On Amendments to Clause 7 of the Regulation on Checkpoints across the State Border and Points of Control Resolution of the Cabinet of Ministers of Ukraine dated 13.02.2019 No. 94 On Approval of the Procedure for issuing a conclusion on the extension of the deadlines for the settlement of certain export and import transactions established by the National Bank Resolution of the Cabinet of Ministers of Ukraine; Order, List from 13.022019 № 104 On approving the list of goods and (or) sectors of the economy for which the National Bank is entitled to impose except ions and / or peculiarities of the implementation of the measure of protection provided for in the first paragraph of Article 13 of the Law of Ukraine “On Currency and Currency Operations” Order of the Cabinet of Ministers of Ukraine; List as of 13.022019 № 76-p 20-02-19 On amending clause 4 of the Regulation on the Ministry of Economic Development and Trade of Ukraine Resolution of the Cabinet of Ministers of Ukraine dated 20.02.2019 No. 120 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 64 Date Subject 27-02-19 Some issues regarding the formation of fees for the implementation of state control over compliance with legislation on food products, feed, animal by-products, animal health and welfare, funded by market operators Resolution of the Cabinet of Ministers of Ukraine; The order of 27.02.2019 № 148 On Approval of the Technical Regulation Regarding Requirements for Ecodesign for Electricity Consumption by External Power Supply in Unloaded Mode a nd Average Efficiency in Active Mode Resolution of the Cabinet of Ministers of Ukraine; Regulations, Requirements of 27.02.2019 № 150 On Approval of the Technical Regulation concerning the requirements for ecodesign of non-stick autonomous circulating pumps and pumping circulators pump integrated into the device Resolution of the Cabinet of Ministers of Ukraine; Regulations, Requirements dated 27.022019 No. 153 EURASIAN ECONOMIC UNION (EAEU) Decisions and recommendations of the Eurasian Economic Commission The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only Решения, Распоряжение and Recommendations having a direct effect on international traders are listed. Publication Date Title Council (Совет) of the Eurasian Economic Commission Решение 05-02-19 № 2 – (18-01-19) On the draft executive order of the Eurasian Intergovernmental Council “On holding regular meetings of the heads of the ministries of economy of the member states of the Eurasian Economic Union” 18-02-19 № 3 – (18-01-19) On setting the rates of import customs duties of the Unified Customs Tariff of the Eurasian Economic Union in respect of certain types of fish and on introducing changes to the list of goods for which the Republic of Kazakhstan in accordance with the obligations assumed as a condition for accession to the World Trade Organization, the rates of import customs duties , lower than the rates of duties of the Common Customs Tariff of the Eurasian Economic Union, and the size of such rates of duties Board (Коллегии) of the Eurasian Economic Commission Решения 07-02-19 № 20 – (04-02-19) On Amendments to the Instruction on the Procedure for Filling in Goods Declarations № 21 – (04-02-19) On introducing amendments to the Regulation on the Consultative Committee on Consumer Protection of the Member States of the Eurasian Economic Union № 22 – (04-02-19) On Ame ndments to the List of Common Processes within the Eurasian Economic Union № 23 – (04-02-19) On termination of consideration of the case of violation of general competition rules in cross-border markets 15-02-19 № 24 – (12-02-19) On the classification of equipment included in the line for the manufacture of ice cream, in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union № 25 – (12-02-19) On the classification of the motor cultivator (motor-cultivator) in accordance with the single Commodity Nomenclature of the Foreign Economic Activity of the Eurasian Economic Union Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 65 Classification decisions adopted by the Commission and preliminary decisions adopted by the States-Members The Commission has posted a table which provides a collection of classification decisions under the common tariff adopted by the Commission. A separate website exists for pr eliminary decisions on the classification of goods adopted by the customs authorities of states – members of the Eurasian Economic Union. It was last updated 7 March 2019. The table lists the tariff codes, a description, rationale (GRIs) for the decision. BELARUS Preliminary decisions on tariff classification The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods (База данных товаров, в отношении которых принято предварительное решение о классификации). The database has been updated through February 2019. It may be searched by tariff code or description (in Russian). RUSSIAN FEDERATION Legislation (acts, resolutions, orders, etc.) The following Russian Federation (RF) Acts, Government Resolutions/Decrees (Постановление Правительства) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information (Официальный интернет-порта л правовой информации) during the period of coverage of this Update: Date of Publication Subject 01-02-19 Russian Federation Government Resolution dated 31-01-19 No. 65 “On the introduction of the ratification of the Protocol amending the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on trade and economic cooperation in the field of oil and petroleum products in the Republic of Kazakhstan dated 09-12-10” 04-02-19 Decree of the Government of the Russian Federation of 30-01-19 No. 57 “On exemption from the provision of enforcement of the obligation to pay customs duties and t axes on vessels temporarily imported for non-commercial purposes” Order of the Federal Customs Service of 17-01-19 No. 46 ”On the approval of the form of the conclusion of a customs expert (expert) and the Procedure for completing the conclusion of a customs expert (expert)” (Registered on 01-02- 19 No. 53660) 08-02-19 Order of the Government of the Russi an Federation of 07-02-19 No. 155-p “Concerning the conclusion by exchange of notes of the Agreement between the Government of the Russian Federation and the Government of the People’s Republic of China on amending the Agreement between the Government of the Russian Federation and the Government of the People’s Republic of China on checkpoints the border of January 27, 1994 “ Order of the Federal Customs Service of 10-01-19 No. 7 ”On approval of the application form for the return of advance payments and the procedure for its submission, the form of the decision of the customs authority on the return of advance payments and notificatio n of refusal to return the advance payments” (Registered 07-02-19 No. 53719) Order of the Federal Customs Service of 22-01-19 No. 88 ”On Approval of the act of reconciliation of expenditure of money deposited as advance payments, as well as about the reconciliation of cash expenditure and reconciliation of the act of spending money deposited as advance p ayments” Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 66 Date of Publication Subject (Registered 07-02-19 No. 53720) Order of the Federal Customs Service of 21-11-18 No. 1876 ”On approval of forms of documents used by customs authorities in order to ensure the collection of customs duties, special, anti-dumping, countervailing duties, interest and penalties due to property and foreclosure of goods” (Registered 07-02-19 No. 53722) Order of the Federal Customs Service of 12-04-18 number 1980 “On approval of a resolution on the withdrawal of the goods, the act of seizure of goods and the Act on the return of seized goods and orders to fill them” (Registration number 53718 07-02-19) 11-02-19 Order of the Federal Customs Service No. 34 of 16-01-19 ”On Approving the Procedure for Conducting a Customs Examination, Form of a Decision of the Customs Authority on the Appointment of a Customs Expertise” (Registered on 08-02-19 No. 53731) 12-02-19 Order of th e Federal Customs Service No. 30 of 14-01-19 “On Approving the F orm of the Act of Stopping an Automobile Vehicle and the Procedure for Filling It” (Registered No. 0224949 No. 53748) 13-02-19 Order of the Federal Customs Service of 14-01-19 number 24 ”On approval of the customs authorities of the officers actions Order Officials in accounting and control over the use of the general enforcement of the obligation to pay customs duties and taxes, special, antidumping, countervailing duties by the information system of customs authorities” (Registration 12-02-19 No. 53756) 14-02-19 Decree of the Government of the Russian Federation of 12-02-19 No. 118 “On making for ratification of the Protocol on amending the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on measures to regulate trade and economic cooperation in the field of oil and oil products export of January 12, 2007” Order of the Federal Customs Service of 14-01-19 No. 27 ”On approval of the application form for offsetting money paid as ad vance payments against cash pledge, and the Procedure for submitting by the person who made advance payments statements for offsetting money paid as advance payment payments, on account of a cash deposit “ (Registered on 13-02-19 No. 53764) 15-02-19 Decree of the Government of the Russian Federation of 13-02-19 No. 144 “On Amendments to the Rules for exercising control over the passage of persons, vehicles, cargo, goods and animals across the state border of the Russian Federation” Order of the Federal Customs Service dated 14-01-19 No. 25 ”On approval of the application form for offsetting the cash collateral against advance payments, drawn up in the form of an electronic document of the document, the Procedure for filling out and submitting to the customs body an application for offsetting the cash collateral on account of advance payments, drawn up in the form of an electronic document, and the Procedure for consideri ng the application for offsetting the cash collateral log into the account of advance payments and inform the applicant of the refusal of the cash collateral offset against advance payments “ (Registration number 53789 14-02-19) Order of the Federal Customs Service of 14-01-19, No. 26 “On approval of the application form for the termination of the use of the general guarantee of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties paid in the form of cash collateral, in the form of an electronic document duties to pay customs duties, taxes, special, anti-dumping, countervailing duties, paid in the form of cash collateral, in the form of electronic nnogo document Procedure for completion and submission to the customs authority the application for termination of the use of the general enforcement of the obligation to pay customs duties and taxes, special, antidumping, countervailing duty, introduced in the form of cash collateral (R egistered on 14- 02-19 No. 53792) Order of the Federal Customs Ser vice of 01.17.2019 number 45 “On approval of the issuance (refusal to grant) permission of customs authorities on the movement of goods, vehicles and persons, including government officials, across borders of custom s control zones and within them” Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 67 Date of Publication Subject (Member 14-02-19 No. 53806) Order of the Federal Customs Service of 22-01-19 number 87 ”On Approval of the notice of return (offset) of overpaid or overcharged amounts of customs duties, taxes and other payments, the collection by the customs authorities, as well as the procedure for sending such notice” (Member 14-02-19 No. 53783) 18-02-19 Order of the Federal Customs Service dated 16-01-19 No. 33 ”On approval of the application form for the use of advance payments in connection with the receipt of a notification (update notification) of unpaid customs payments, special, antidumping, compensation duties, interest and penalties the procedure for submitting it by the person who made advance payments “ (Registered on 15-02-19 No. 53810) Order of the Federal Customs Service dated 18-01-19 No. 53 ”On approving the form for maintaining a log of applications for the release of goods prior to filing the goods declaration” (Registered No. No. 53809 15-02-19) 19-02-19 Russian Federation Government Resolution dated 16-02-19 No. 153 “On the release of the provision of the obligation to pay customs duties and taxes on foreign goods intended for the organization and carrying out XXIX World Winter Universiade 2019 in Krasnoyarsk” 20-02-19 Order of the Federal Customs Service of 13-12-18 No. 2037 “On approval of the Order of the FCS of Russia’s actions for the exclusion of legal persons from the register of customs representatives” (Registration number 53840 19-02-19) Order of the Federal Customs Service dated 124-12-18 number 2094 ”On approval of the form of presentation of the request of documents and (or) information, the order of filling and order forwarding the request to the submission of documents and (or) information in the authorized organization” (Registration number 53839 19-02-19 ) 22-02-19 Decree of the Government of the Russian Federation of 20-02-19 No. 168 “On Amendments to the List of Technological Equipm ent (including Components and Spare Parts for It), the analogues of which are not produced in the Russian Federation, whose import into the territory of the Russian Federation is not subject to added tax cost “ Decree of the Government of the Russian Federation of 21-02-19 No. 178 “On updating the codes of the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union in certain acts of the Government of the Russian Federation” 25-02-19 Order of the Federal Customs Service of 20-12-18 No. 2081 ”On approval of the procedure for the implementation by customs authorities of actions to exclude legal entities from the register of owners of temporary storage warehouses” (Registered on 22-02-19 No. 53874) 26-02-19 Order of the Federal Customs Service of 28-01-19 No. 103 ”On approval of the Administrative Regulations of the Federal Customs Service to provide the customs authorities of the state service of conducting the register of owners of warehouses of tempor ary storage” (Registration No. 53888 25-02-19) Order of the Federal Customs Service of 13-12-18 No. 2038 “On Approval of the report and the order and timing of reporting to customs representative” (Registered 25-02-19 number 53890) 27-02-19 Order of the Federal Customs Service dated 31-01-19 № 152 ”On the Annulment of the order of the FCS of Russia on September 4, 2014 № 1700” On approval of the General Rules of the regional customs office and the General Rules of the Customs “ (26-02-19 Registered number 53903) Order of the Federal Customs Service of 12/7/2018 number 2000 “On the determination of the type of technical m eans for radiation control, such as X-ray security check equipment, criteria for decision-making about their necessity and quantity in the territory of a temporary storage warehouse” (Registration number 53901 02/26/2019) 28-02-19 Order of the Federal Customs Service of 28-01-19 No. 104 ”On Approval of the act check inventory systems and accounting of goods, the order of its filling, and make changes (additions) in the act” (27-02-19 Registration number 53914) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 68 MIDDLE EAST AND NORTH AFRICA ALGERIA Additional duties on imports In view of accelerating the establishment of domestic production and improving trade balance deficits, Algeria introduced in the Supplementary Finance Law for 2018 a provisional additional safeguard duty (the so-called “DAPS”) set at between 30% and 200% applicable to goods import transactions. The list of 1095 products covered by the DAPS was published on 29 January 2019 (Order of 27 January 2019). This Order follows Executive Decree 18-230 of 25 September 2018 that announced the publication of a list of goods and corresponding DAPS. Rather than fully prohibiting imports of certain products or imposing import licenses, as had been the case since 2016, Algeria chose to subject imported goods to the DAPS in addition to Customs duties. For example, beef will be subject to a surtax of 50%, furniture 60%, chocolate 70% and cement 200%. This measure, temporary in principle, has however not been time-limited by the Order. The order was adopted despite the opinion of the Competition Council, which considered the measure dangerous for the consumer’s purchasing power insofar as it risks creating monopoly situations in certain national production sectors and systematically aligning domestic producer prices with import prices regardless of the price/quality ratio. If you have any questions please contact Céline Van Zeebroeck. In addition, certain products remain strictly prohibited for importation. Executive Decree 19-12, also published on 27 January 2019, specifies that, with certain exceptions, tractors and vehicles are temporarily prohibited from being imported. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 69 Africa (except N. Africa and Middle East) SOUTH AFRICA South African Customs and Excise Act Amendments of Rules and Tariff Schedules Date Publication Details Subject Implementation Date 08-02-19 GG.42218 R.122 Amendments to the Rules under section 75 – Keeping of a register by rebate users of excisable goods Notice R.122 DA 133 – Return in respect of spirits 08-02-19 GG.42218 R.121 Amendment to the Rules in terms of the Customs and Excise Act, 1964, to enhance the administration and enforcement in respect of stills, agricultural distillers and manufacture of excise goods for own use Notice R.121 DA 185 – Registration and Licensing of Customs and Excise Clients DA 185.4A14 – Registered still DA 185.4A15 – Manufacture of excisable goods solely for own use DA 185.4B11 – Distillation of spirits by an agricultural distiller DA 185.4B12 – To own possess or keep stills DA 185.4B13 – Manufacture or import stills for sale or repair still for rewar d 15-02-19 GG.42232 R.177 Amendment to Part 3 of Schedule No. 2, by the insertion of safeguard item 260.03/7318.15.39/01.08, to implement safeguard duty of 50.54% on other screws fully threaded with hexagon heads – ITAC Report 596 Notice R.177 With retrospective effect from 03-08-18 up to and including 02-08-19 GG.42232 R.176 Amendment to Part 1 of Schedule No. 1, by the substitution of tariff subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99, to increase the rate of customs duty on sugar from 369.57c/kg to 401.79c/kg in terms of the existing variable tariff formula – Minute M13/2018 Notice R.176 15-02-19 20-02-19 Taxation Proposals as tabled by the Minister of Finance in his Budget Review 2019 at 14:18 Taxation Proposa ls 20-02-19 * Note the time of tabling 22-02-19 GG.42241 R.237 Amendment to Part 3 of Schedule No. 2, by the insertion of safeguard item 260.03/7318.15.39/01.08 to implement safeguard duty of 48.01% on other screws fully threaded with hexagon heads – ITAC Report 596 Notice R.237 03-08-19 up to and including 02-08-20 GG.42241 R.238 Amendment to Part 3 of Schedule No. 2, by the insertion of safeguard item 260.03/7318.15.39/01.08 to implement safeguard duty of 45.61% on other screws fully threaded with hexagon heads – ITAC Report 596 Notice R.238 03-08-20 up to and including 02-08-21 The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of Internatio nal Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] A note on spelling, grammar and dates– In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Ope n Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 70 Trade compliance enforcement actions – import, export, IPR, FCPA The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis]. [Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep't Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep't of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - C BSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.] Date of Release Subject 02-06-19 CBP Issues Detention Order on Tuna Harvested by Forced Labor Aboard the Tunago No. 61 (CBP) 02-07-19 Settlement Agreement between the US Department of the Treasury’s Office of Foreign Assets Control and Kollmorgen Corporation; Foreign Sanctions Evaders Determination (OFAC) 3 federal cases allege illegal importation and sale of ‘herbal’ sexual enhancement pills that contained pharmaceutical drugs (ICE, FDA, IRS, DOJ) 02-11-19 CBP at JFK seizes Counterfeit Watches (CBP) 02-12-19 US Customs and Border Protection Agricultural Specialists Stop and Smell the Flowers (CBP) CBP Seizes $4.4 Million in Counterfeit Products in Puerto Rico and the USVI 02-14-19 The US Department of the Treasury’s Office of Foreign Assets Control Assesses a Civil Monetary Penalty [$5,512,564 ] Against AppliChem GmbH – Violati ons of 31 CFR part 515 (OFAC) 02-19-19 CBP Newark Kicks Off Chinese Lunar Year Seizing Prohibited Animal Products (CBP) Seventh Circuit upholds convictions for using false documents to illegally export stolen cars [US v. Tantchev et al., case numbers 18-1200 and 18-1263, before the US Court of Appeals for the Seventh Circuit] (DOJ, CBP, IRS) 02-22-19 ICE removes UK national convicted of violating FATCA 02-27-19 2 Flo rida businessmen charged in Houston with foreign bribery in Venezuelan scheme (DOJ, ICE, Swiss and Cayman Is. authorities} Newsletters, Reports, Articles, Etc. Baker & McKenzie Global VAT/GST Newsletter Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 71 are designed to flag topics that are likely to affect mu lti-national businesses. Contacts for the Global VAT/GST Newsletter are: Jochen Meyer-Burrow, Partner, [email protected] Martin Morawski, Associate, [email protected] Publications, Alerts, Newsletters The following B aker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you: Subject International Trade, Tax and Anti-corruption Global International Trade Compliance Update – February 2019 {older issues} Baker McKenzie FenXun Beijing/Hong Kong/Shanghai Compliance & Investigations Client Alert: China issues new rules to clarify procedures for collection of electronic data in criminal cases Baker McKenzie FenXun Beijing/Hong Kong/Shanghai Compliance & Investigations Client Alert: China’s ranking declines in Transparency International’s latest Corruption Perception Index Baker McKenzie FenXun Beijing/Hong Kong/Shanghai Tax Client Alert: China releases new rules for its IIT reform Hong Kong Corpo rate Compliance and Servi ces Client Alert: New accounting and other cost-saving requirements under the Companies Ordinance effective soon Baker McKenzie Habib Al Mulla Client Alert: Qatar Diplomatic Crisis – shipping b oycott still stands Other areas Global Arbitration News [blog] Global Employer Magazine – 2019 Horizon Scanner EMEA Healthcare Newsletter – February 2019 Africa Legal Alert: Francophone Africa Newsletter (Eng.) Newsletter Afrique Francophone (Fr.) Baker McKenzie FenXun China Financial Services Client Alert: An Overview of the New Regulation Rules for Panda Bond Issuance on the National Inter-bank Bond Market of China (Eng.) 一文了解银行间债券市场熊猫债监管新规(Chin.) Baker McKenzie FenXun China Financial Services Client Alert: China’s securities regulator issues consultation papers to further liberalize QFII/RQFII investment in its securities market Baker McKenzie FenXun China/Hong Kong Intellectual Property Client Alert: China: Proposed Amendments to the Patent Law and Draft IP Provision in the Foreign Investmen t Law China Hong Kong/Beijing/Shanghai Capital Markets Client Alert: Streamlined filing requirements of listed issuers will take effect on 1 March 2019 (Eng.) 法律动态- 上市公司提交文件的修订将于2019 年3 月1 日生效( Chin.) Kyiv Banking & Finance Client Alert: Ukraine’s New FX Rules (Eng.); Коротко про нове валютне регулювання в Україні (Ukr.) Vietnam Renewable Energy Client Alert: Vietnam revises model Power Purchase Agreement for wind power projects Vietnam Renewable Energy Client Alert: Vietnam’s New Draft Development Guidelines on Rooftop Solar Power Vietnam Renewable Energy Client Alert: Update to New Draft Policy on Feed-in-Tariffs post-30 June 2019 for solar power projects in Vietnam Vietnam Banking & Finance Client Alert: New SBV guidance to commercial banks and finance companies on obtaining approval for equity capital investments in companies other than credit institutions Vietnam Banking & Finance Client Alert: State Bank’s guidance on obtaining approval for changes to lic enses of commercial banks and foreign bank branches, and for transfer of capital in commercial banks Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 72 Webinars, Meetings, Seminars, Etc. We are very pleased to announce our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What’s Up in International Trade? Keeping up to Speed on Evolving Challenges”. The series will include the latest international trade developments including updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour. This year, we will expand our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) will be primari ly aimed at participants who are new to Global Trade and/or those who would like a refresher. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm’s Global Customs Focus Group, and Jenny Revis, a partner in our London office and co-leader of the EMEA Customs practice, will moderate these webinars and be joined by experts from across our global network. All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time – please click on the following link:www.timeanddate.com. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live Details Webinar Start Time: 08:00 AM (Pacific) – San Francisco 10:00 AM (Central) – Chicago 11:00 AM (Easte rn) – DC 4:00 PM (GMT) – London 5:00 PM (CET) – Frankfurt 12:00 AM+ (CST) – Beijing 1:00 AM+ (JST) – Tokyo *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) T +1 415 576 3021 teresa.gleason @bakermckenzie.com Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com These webinars are all complimentary. Questions: If you have any questions regarding this webinar series, please contact: REGISTER NOW! Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 73 presentation. Upcoming Webinar Dates and Topics: Date Topic January 29 Basic: How to Classify Your Products (Customs) Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta) February 26 Trade Wars vs. Free Trade Agreements (Br exit, TPP, NAFTA) Speakers: Stu Seidel (DC), Cindy Owens (Singapore), Jenny Revis (London), and Meera Rolaz (London) March 19 Basic: Export controls and sanctions Speakers: Ben Smith (London), Olof Konig (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam) April 30 Conducting investigations and making disclosures Speakers: Ross Denton (London), John McKenzie (San Francisco), Anahita Thoms (Dusseldorf), and Lise Test (DC) May 21 Basic: How to determine the origin of your products (Customs) Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (Barcelona), and John F. McKenzie (San Francisco) June 25 Overview of global ABC enforcement Speakers: Yindi Gesinde (London), Julian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shanghai). Moderator: Tristan Grimmer (London) July 30 Basic: How to value your products (Customs) Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto) August 27 Foreign investment review regimes around the world: F ocus on US, EU, UK, Germany and Canada Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto) September 24 Basic: Overview of customs and imports developments: US, Brazil, China/Asia and Mexico Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. We have applied to renew our accreditation for our webinar in December and our upcoming webinars in 2019. This pro gram may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. These webinars have been approved for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars. We hope you will participate in and enjoy this exciting webinar series!有兴趣了解更多吗？ Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 74 Speakers: Eunkyung Kim Shin (Chicago), Alessandra Machado (Sao Paolo), Frank Pan (Shanghai), and Armando De Lille (Monterrey) October 29 Key updates on export controls and sanctions Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Moscow), and Anne Petterd (Singapore) November 19 Basic: Overview of customs and imports developments: EU, Middle East and Russia Speakers: Nicole Looks (Frankfurt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow) December 17 Managing Emerging Compliance Risks Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London) Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continuing Challenges in Global Trade” ended on December 8, 2018. In 2018, we again expanded our usual program to include our Customs Academy, which featured six “Cust oms 101” webinars ( highlighted in green below). The Customs 101 program is primarily aimed at participants who are new to Customs and/or those who would like a refresher and included introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm’s Global Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these webinars and were joined by experts from across our global network. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation. January 30 Human Rights, Forced Labor, and Ethical Supply Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 75 January 30 Chains: Best Practices for Managing Growing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto) Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermckenzie.com Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15- 12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Pending – We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. Interested in learning more? February 27 Customs Basic: How to Classify Your Products Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt) March 27 Hot Topics in US, European, and Asian Export Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco) April 24 Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKen zie (Palo Alto) May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Nicole Looks (Frankfurt) and Jenny Revis (London) June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cowley (Hong Kong) and Brian Cacic (Toronto) July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Stu Seidel (DC), Jenny Revis (London), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh) August 28 Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East) September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mexico), Nicole Looks (Frankfurt), and Stuart Seidel (DC) October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 76 Speakers:Armando de Lil le-Calatayud (Monterrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires) November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong) December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara) RECORDED SESSIONS FROM OUR 2018 ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Process United States Export Control Developments European Union Export Control Developments Emerging Export Control Programs in the Asia/Pacific Region Economic Sanctions Developments Export Control and Economic Sanctions Enforcement Click here to view and/or download the mate rials. 15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video The Trump Administration Trade Agenda (this panel did not include slides) Trade Wars Trade Agreements Developments Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 77 Update on Foreign Import Restrictions Anti-Corruption Compliance and Trade Issues Click here to view and/or download the materials. Presentation Materials Changes and Developments in Japan and Asia Pacific Business Implications of Trade Conflict Free Trade Agreement Developments Trade Sanctions and Export Controls E Commerce Challenges and Opportunities RECORDED SESSIONS FROM OUR 2017 ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 14 November 2017 – Year-End Review of Import/Export Developments (Export Day) AM Sessions Recording – Export Control Developments in th e United States and European Union Encryption Export Controls and Cloud Computing: A Comparative Analysis United States Economic Sanctions Update & Russian Response to US Sanctions PM Sessions Recording – Economic Sanctions: A Comparative Analysis Export Enforcement (panel format did not include slides) Export Control Developments in the Asia Pacific Region Arab States Boycott of Qatar and the Implications Under the United States Anti-Boycott Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 78 Regulations 15 November 2017 – Year-End Review of Import/Export Developments (Import Day) AM Sessions Recording – The Current International Trade Environment: Challenges to Globalization and its Impact on the Supply Chain Trade Policies and Initiatives Under the Trump Administration The NAFTA Renegotiation: A Multinational Perspective United States and Canadian Customs Regulatory Update PM Sessions Recording – European Union Customs and Tra de Developments Emerging Impediments to the Import of IT Products into China Latin American Trade Developments WTO TBT Notifications Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of “notifications” to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison. Country Notification Date Issued Final Date for Comments Merchandise Covered Argenti na ARG/354 01/10/2019 03/11/2019 Frames and mountings for spectacles or goggles (HS 9003) Argentina ARG/93/Add.3 01/21/2019 Not given Wine products Argentina ARG/108/Add.2 01/21/2019 Not given Liquefied petroleum gas (LPG) Argentina ARG/251/Add.2 01/23/2019 Not given Medicinal preparations Argentina ARG/340/Add.1 01/21/2019 Not given Steel wire ropes; Steel wire, wire ropes and link chains Argentina ARG/355 01/23/2019 Not given Sunglasses (HS 900410) Argentina ARG/38/Add.9 02/07/2019 Not given Safety auto parts and/or fittings Argentina ARG/82/Add.2 01/25/2019 Not given Natural gas Argentina ARG/208/Add.2 02/08/2019 Not given Cells and batteries Argentina ARG/334/Add.1 02/08/2019 Not given Medicines for human use Argentina ARG/356 02/20/2019 Not given Alkali or alkaline-earth metals; rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury (HS 2805) Bahrain, Kingdom of BHR/559 01/16/2019 03/17/2019 Infants Formula Bahrain, Kingdom of BHR/560 01/16/201 9 03/15/2019 Infants and Young Children Food Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 79 Country Notification Date Issued Final Date for Comments Merchandise Covered Bahrain, Kingdom of BHR/561 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products Bangladesh BGD/1 02/20/2019 Not given Products that are covered under mandatory certification for sales and distribution Bangladesh BGD/2 02/21/2019 Not given Medicine and pharmaceutical products Belgium BEL/42 01/18/2019 03/19/2019 Standardized unit packs and outer packaging for cigarettes, rolling tobacco, water pipe tobacco and paper for cigarettes and rolling tobacco Belgium BEL/43 01/18/2019 03/19/2019 Standardized packaging for cigarettes, rolling tobacco and water pipe tobacco Bolivia BOL/13 01/17/2019 03/16/2019 Cosmetic Products Brazil BRA/861 01/28/2019 04/01/2019 Plastic materials and polymer coatings in contact with food. Brazil BRA/772/Add.2 01/25/2019 Not give n Smoked fish (HS Code(s) 03) Burundi BDI/14 01/16/2019 03/17/2019 Toffee Burundi BDI/15 01/16/2019 03/17/2019 Chewing gum Canada CAN/575 01/16/2019 03/15/2019 Vodka (HS 220860) Canada CAN/577 01/30/2019 04/05/2019 Radiocommunications; Electromagnetic compatibility (EMC) including radio interference Canada CAN/576 01/24/2019 03/17/2019 Radiocommunications; Electromagnetic compatibility (EMC) including radio interference. Canada CAN/578 02/20/2019 05/09/2019 Radiocommunications Canada CAN/505/Add.1 02/21/2019 Not given Live animals Chile CHL/422/Add.1 01/04/2019 Not given Chemical substances and mixtures Chile CHL/464 01/04/2019 03/05/2019 Light and medium-sized vehicles and motorcycles Chile CHL/253/Add.2 01/18/2019 Not given Portable fire extinguishers Chile CHL/439/Add.1 01/15/2019 Not given Organic agricultural products Chile CHL/465 01/16/2019 01/31/2019 Agricultural pesticides Chile CHL/446/Add.1 02/07/2019 Not given Electric hot and cold water dispensers Chile CHL/450/Add.1 02/07 /2019 Not given Electrical appliances for skin and hair care Chile CHL/465/Add.1 02/05/2019 Not given Agricultural pesticides Chile CHL/297/Add.1 02/08/2019 Not given Washing machines Chile CHL/440/Add.1 02/08/2019 Not given Circuit breakers Chile CHL/377/Add.2 02/12/2019 Not given Light and medium-sized vehicles. Motorcycles. Chile CHL/444/Add.1 02/12/2019 Not given Automatic valves for portable liquefied petroleum gas (LPG) cylinders weighing 2, 5, 11 or 15kg Chile CHL/445/Add.1 02/12/2019 Not given Manual valves for portable liquefied petroleum gas (LPG) cylinders weighing 33 or 45kg Chile CHL/448/Add.1 02/12/2019 Not given Multi-layer pipes with an aluminium inner layer and related accessories, used for fuel gases Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 80 Country Notification Date Issued Final Date for Comments Merchandise Covered Chile CHL/449/Add.1 02/12/2019 Not given Non-refillable metal cartridges for liquefied petroleum gas (LPG), with or without valves, intended for use in portable appliances Chile CHL/452/Add.1 02/12/2019 Not given Gas-fired central heating boilers Chile CHL/453/Add.1 02/12/2019 Not given Gas-fired central heating boilers Chile CHL/441/Add.1 02/20/2019 Not given Earth leakage switches without overcurrent protection, independent of voltage Chile CHL/451/Add.1 02/20/2019 Not given Portable air coolers Chile CHL/454/Add.1 02/19/2019 Not given High-pressure cleaners Chile CHL/456/Add.1 02/20/2019 Not given Adapters for plugs China CHN/1311 02/22/2019 04/23/2019 Cosmetics; Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations (HS 3304) China CHN/1311 02/22/2019 04/23/2019 Cosmetics; Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations (HS 3304) Colombia COL/53/Add.2 01/09/2019 Not given Wood packaging material Colombia COL/236 01/17/2019 03/16/2019 Cosmetic Products Colombia COL/228/Add.2 02/05/2019 Not given Zinc-carbon and alkaline cells and batteries (HS tariff subheadings 8506.10.11.00, 8506.10.19.00, 8506.10.91.10, 8506.10.91.90 and 8506.10.99.00) Costa Rica CRI/84/Add.1 01/28/2019 Not given Veterinary drugs and related products Costa Rica CRI/122/Add.3 02/05/2019 Not given Electrical wiring Costa Rica CRI/172/Add.1 01/28/2019 Not given Matured cheese Costa Rica CRI/184 01/28/2019 03/29/2019 Electrical switches, sockets, plugs and cord connectors Czech Republic CZE/231 01/15/2019 02/25/2019 Measuring instruments used to monitor activity limits and concentration of effluents from nuclear facilities, nuclear raw material mining or processing facilities, radioactive waste processing plants and from the processing or application of radioactive materials, and also used to determine environmental radiation exposure due to effluents – m easuring instruments for continuous monitoring of radioactive aerosols, including transuranic aerosols in gaseous effluents from nuclear facilities Czech Republic CZE/232 01/15/2019 02/25/2019 Measuring instruments used to monitor activity limits and concentration of effluents from nuclear facilities, nuclear raw material mining or processing facilities, radioactive waste processing plants and from the processing or application of radioactive materials, and also used to determine environmental radiation exposure due to effluents – measuring instruments for continuous monitoring of radioactive iodine in gaseous effluents from nuclear facilities Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 81 Country Notification Date Issued Final Date for Comments Merchandise Covered Czech Republic CZE/233 01/15/2019 02/25/2019 Electricity meters Czech Republic CZE/234 01/15/2019 02/25/2019 Class 1 and 2 sound level meters, bandwidth filters, measurement microphone s Ecuador ECU/342 01/17/2019 03/16/2019 Cosmetic Products Ecuador ECU/3/Rev.1/Ad d.3 02/06/2019 Not given Household refrigerating appliances (HS 8418) Ecuador ECU/12/Rev.1/A dd.3 02/06/2019 Not given Ceramic products Ecuador ECU/34/Rev.1/A dd.2 02/06/2019 Not given Domestic refrigeration appliances (HS 8418) Egypt EGY/114/Add.1 02/14/2019 Not given Miscellaneous products El Salvador SLV/126/Add.1 01/28/2019 Not given Pharmaceutical products (HS Chapter 30) El Salvador SLV/199/Add.1 01/28/2019 Not given Matured cheese European Union EU/640 01/28/2019 03/29/2019 New motor vehicles and their trailers, as well as separate technical units and components intended for such vehicles. European Union EU/641 02/07/2019 04/08/2019 Chemical substance 4-tert-butylphenol (PTBP) (EC No. 202-679-0, CAS No. 98-54-4, HS code 29071990 European Union EU/642 02/12/2019 0 Single use plastic products, fishing gear and products made from oxo-degradable plastic European Union EU/643 02/15/2019 04/16/2019 Chemic al substances European Union EU/211/Add.1 02/18/2019 Not given Agricultural products and food Finland FIN/70 01/14/2019 03/15/2019 Construction products Finland FIN/71 01/14/2019 03/15/2019 Construction products Finland FIN/72 01/14/2019 03/15/2019 Construction products Finland FIN/73 01/14/2019 03/15/2019 Construction products Finland FIN/74 01/14/2019 03/15/2019 Construction products Finland FIN/75 01/14/2019 03/15/2019 Construction products Finland FIN/76 01/14/2019 03/15/2019 Construction products Guatemala GTM/62/Add.1 01/28/2019 Not given Veterinary drugs and related products Guatemala GTM/95/Add.1 01/28/2019 Not given Matured cheese Honduras HND/56/Add.1 02/01/2019 Not given Veterinary drugs and related products Honduras HND/91/Add.1 02/01/2019 Not given Matured cheese India IND/87 02/22/2019 04/23/2019 Food Products India IND/88 02/22/2019 04/23/2019 Food Products India IND/87 02/22/2019 04/23/2019 Food Products India IND/88 02/22/2019 04/23/2019 Food Products Indonesia IDN/19/ Add.9 02/07/2019 Not given Tank Steel for LPG (HS 7311); Valve of Tank Steel for LPG (HS 8481.80); LPG Stove of One Tank with Mechanic Burning (HS 7321.11, 7321.81, 7321.90); Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 82 Country Notification Date Issued Final Date for Comments Merchandise Covered Low Pressure Regulator for LPG Tank Steel (HS 8481.10, 8481.80); Rubber Hose for LPG (HS 4009.11, 4009.12) Indonesia IDN/16/Add.2 01/16/2019 Not given Steel bars (HS 7213, 7214) Indonesia IDN/37/Add.4 02/07/2019 Not given Glazed Ceramic – Tableware, Closets and Ceramic Tiles (HS 6907, 6908, 6910, 6911, 6912) Indonesia IDN/79/Add.2 02/07/2019 Not given High pressure regulator (HS 8481.10) Israel ISR/1033 02/05/2019 04/06/2019 Paints and varnishes (HS 3212, 3213) Italy ITA/34 02/14/2019 04/23/2019 Car seat reminder devices for vehicles from international categories M1, N1, N2 and N3 Japan JPN/619 01/31/2019 04/01/2019 Computers (HS: 8471.30, 8471.41, 8471 .49, 8471.50) Other digital automatic data processing machines: (HS 84714), – Portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display (HS 847130), – Digital processing units, other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following t y pes of unit: storage units, input units, output units (HS 847150). Microprocessor systems. Japan JPN/618 01/18/2019 03/19/2019 Veterinary biologics except in vitro diagnostics Kazakhstan KAZ/22 01/30/2019 03/31/2019 Products for children and teenagers. Kazakhstan KAZ/23 01/30/2019 03/31/2019 Food additives, complex food additives, flavors, technological aids, food products in terms of the content of food additives in it, biologically active substances from flavors, residual quantities of technological aids. Kenya KEN/774 01/21/2019 03/03/2019 glass containers for packaging (Cans. Tins. Tu bes.) Kenya KEN/775 01/21/2019 03/03/2019 Paper and board food contact packaging material (Cans. Tins. Tubes.) Kenya KEN/776 01/21/2019 03/03/2019 Desiccants (Cans. Tins. Tubes.) Kenya KEN/777 01/21/2019 Not given Road vehicles in general Kenya KEN/778 01/22/2019 03/03/2019 Paper plates and cups for food packaging (Cans. Tins. Tubes.) Kenya KEN/779 01/22/2019 03/03/2019 Paper and board intended to come into contact with foodstuffs (Cans. Tins. Tubes.) Kenya KEN/780 01/22/2019 02/27/2019 Packaged flavoured drinking water Kenya KEN/781 01/22/2019 02/28/2019 Textile fabrics Kenya KEN/782 01/22/2019 02/28/2019 Textile fabrics Kenya KEN/783 01/30/2019 03/25/2019 Liquid fuels Kenya KEN/784 01/30/2019 03/11/2019 Clothes (baby shawls) Kenya KEN/785 01/30/2019 03/11/2019 Clothes (Sweaters) Kenya KEN/786 01/30/2019 03/11/2019 Clothes (Men’s and boys’ trousers) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 83 Country Notification Date Issued Final Date for Co mments Merchandise Covered Kenya KEN/787 01/30/2019 03/09/2019 Vegetables and derived products (Sweet potato) Kenya KEN/788 01/30/2019 03/09/2019 Cereals, pulses and derived products (Sweet potato puree) Kenya KEN/789 01/30/2019 03/09/2019 Cereals, pulses and derived products (Sweet potato bread) Kenya KEN/790 01/30/2019 03/04/2019 Chocolate Kenya KEN/791 01/30/2019 03/04/2019 Cocoa (Cocoa butter) Kenya KEN/792 01/30/2019 03/04/2019 Cocoa (Cocoa powder) Kenya KEN/793 01/30/2019 03/25/2019 Liquid fuels (Automotive gasoline) Kenya KEN/794 01/31/2019 03/03/2019 Cans. Tins. Tubes (Flexible laminate tubes) Kenya KEN/795 01/31/2019 03/11/2019 Textile fabrics (Pillows for domestic use) Kenya KEN/796 02/14/2019 03/30/2019 Cheese Kenya KEN/797 02/14/2019 03/30/2019 Cheese Kenya KEN/798 02/14/2019 03/30/2019 Cheese Kenya KEN/799 02/14/2019 03/30/2019 Cheese Kenya KEN/800 02/14/2019 03/30/2019 Milk and processed milk products Kenya KEN/801 02/14/2019 03/30/2019 Cheese Kenya KEN/802 02/14/2019 03/ 30/2019 Cheese Kenya KEN/803 02/14/2019 03/30/2019 Cheese Kenya KEN/804 02/14/2019 03/30/2019 Cheese Kenya KEN/805 02/14/2019 03/30/2019 Cheese Kenya KEN/806 02/14/2019 03/30/2019 Fruits. Vegetables Kenya KEN/807 02/14/2019 03/30/2019 Beverages Kenya KEN/808 02/20/2019 03/29/2019 Spices and condiments (Moringa leaf products) Kenya KEN/809 02/20/2019 03/29/2019 Spices and condiments (Moringa leaf products) Kenya KEN/810 02/20/2019 03/30/2019 Fruits. Vegetables (Certain canned fruits) Kenya KEN/811 02/21/2019 03/30/2019 Fruits, vegetables and derived products in general (Quick frozen vegetables) Kenya KEN/812 02/21/2019 03/30/2019 Fruits, vegetables and derived products in general (Canned applesauce) Kenya KEN/813 02/21/2019 03/30/2019 Fruits. Vegetables (Canned stone fruits) Kenya KEN/814 02/25/2019 04/04/2019 Construction technology Kenya KEN/815 02/25/2019 04/04/2019 External sewage systems Kenya KEN/816 02/25/2019 04/02/2019 Protection against dangerous goods Baker McKenzie Internati onal Trade Compliance Update | March 2019 8458530-v6\WASDMS 84 Country Notification Date Issued Final Date for Comments Merchandise Covered Kenya KEN/817 02/25/2019 04/02/2019 Protection against dangerous goods (Toxic substances) Kenya KEN/818 02/25/2019 04/11/2019 Footwear (Men’s shoes) Kenya KEN/819 02/25/2019 04/11/2019 Footwear (Men’s shoes) Kenya KEN/820 02/25/2019 04/11/2019 Footwear (Ladies shoes) Kenya KEN/821 02/25/2019 04/11/2019 Footwear (Ladies shoes) Kenya KEN/822 02/25/2019 04/11/2019 Footwear (Children’s shoes) Kenya KEN/823 02/25/2019 04/11/2019 Footwear (Children’s shoes) Korea, Republic of KOR/808 01/23/2019 03/24/2019 Medical Devices Korea, Republic of KOR/809 02/01/2019 04/02/2019 Chemical substances subject to submission of chemicals verification result in accordance with the existing Chemicals Control Act, including chemicals subject to import declaration Korea, Republic of KOR/810 02/01/2019 04/02/2019 Medical Devices Korea, Republic of KOR/811 02/15/2019 04/16/2 019 Medical Devices Korea, Rep u blic of KOR/812 02/21/2019 04/22/2019 Pharmaceutics Kuwait KWT/447 01/16/2019 03/17/2019 Infants Formula Kuwait KWT/448 01/16/2019 03/15/2019 Infants and Young Children Food Kuwait KWT/449 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 62035:2019; Discharge lamps (excluding fluorescent lamps) – Safety specifications; Fluorescent lamps Kuwait KWT/450 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60065:2019; Audio, video and similar electronic apparatus – Safety requirements Kuwait KWT/451 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60309- 1:2019; Plugs, socket-outlets and couplers for industrial purposes – Part 1: General requirements Kuwait KWT/452 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60335- 1:2019; Household and similar electrical appliances – Safety – Part 1 – General Requirements Kuwait KWT/453 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60309- 4:2019; Plu gs, socket-outlets and couplers for industrial purposes – Part 4: Switched socket-outlets and connectors with or without interlock Kuwait KWT/454 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 61058-2- 1:2019; Switches for appliances – Part 2-1: Particular requirements for cord switches; Switches Kuwait KWT/455 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 61534- 21:2019; Powertrack systems – Part 21: Particular requirements for powertrack systems intended for wall and ceiling mounting Kuwait KWT/456 01/31/2019 03/31/2019 Other standards related to lamps (LED modules for general lighting) Kuwait KWT/457 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60974- 6:2019; Arc welding equipment – Part 6: Limited duty equipment Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 85 Country Notification Date Issued Final Date for Comments Merchandise Covered Kuwait KWT/458 01/31/2019 03/31/2019 All products fall unde r scope of KWS IEC 60034- 1:2019; Rotating electrical machines – Part 1: Rating and performance Kuwait KWT/459 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60974- 1:2019; Arc welding equipment – Part 1: Welding power sources Kuwait KWT/460 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 61029-2- 1:2019; Safety of transportable motor-operated electric tools – Part 2: Particular requirements for circular saws Kuwait KWT/461 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 61029- 1:2019; Safety of transportable motor-operated electric tools – Part 1: General requirements Kuwait KWT/462 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60950- 1:2019; Information technology equipment – Safety – Part 1: General requirements Kuwait KWT/463 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60898- 2:2019; Electrical accessories – Circuit-breakers for overcurrent protection for household and similar installations – Part 2: Circuit-breakers for AC and DC operation Kuwait KWT/464 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60898- 1:2019; Electrical accessories – Circuit-breakers for overcurrent protection for household and similar installations – Part 1: Circuit-breakers for ac operation Kuwait KWT/465 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60838- 1:2019; Miscellaneous lampholders – Part 1: General requirements and tests Kuwait KWT/466 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60745- 1:2019; Hand-held motor-operated electric tools – Safety – Part 1: General requirements Kuwait KWT/467 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60598- 1:2019; Luminaires – Part 1: General requirements and tests Kuwait KWT/468 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 60570:2019; Electrical supply track systems for luminaires Kuwait KWT/469 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 61558- 1:2019; Safet y of transformers, reactors, power supply units and combinations thereof – Part 1: General requirements and tests Kuwait KWT/470 01/31/2019 03/31/2019 All products fall under scope of KWS IEC 61534- 1:2019; Powertrack systems – Part 1: General requirements Kuwait KWT/471 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products Lithuania LTU/35 02/07/2019 04/08/2019 Alcoholic beverages Malawi MWI/19 02/12/2019 04/13/2019 Packaged, dry, combined materials for mortar and concrete (HS 2517). Concrete structures Malawi MWI/20 02/12/2019 04/13/2019 Maize grain (Zea mays); Cereals, pulses and derived products Malawi MWI/21 02/12/2019 04/13/2019 Bun; Cereals, pulses and derived products Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 86 Country Notification Date Issued Final Date for Comments Merchandise Covered Malawi MWI/22 02/12/2019 04/13/2019 Fresh and frozen whole fin fish (HS 0303). Fish and fishery products Malawi MWI/23 02/12 /2019 04/13/2019 Other prepared or preserved fish (HS 160420). Fish and fishery products Malawi MWI/24 02/12/2019 04/13/2019 Fish and fishery products (HS 0304) Malawi MWI/25 02/12/2019 04/13/2019 Fish and fishery products (HS 0302) Malawi MWI/26 02/12/2019 04/13/2019 Dried fish (HS 03055). Fish and fishery products Malawi MWI/27 02/12/2019 04/13/2019 Sardines (HS 030261). Fish and fishery products Malawi MWI/28 02/12/2019 04/13/2019 Frozen fillets (HS 030420). Fish and fishery products Malawi MWI/29 02/12/2019 04/13/2019 Fresh and chilled fish 03.04. (HS 0302). Fish and fishery products Malawi MWI/30 02/12/2019 04/13/2019 Smoked finfish, Smoked fish, including fillets: (HS 03054). Fish and fishery products Malawi MWI/31 02/12/2019 04/13/2019 Salted fish and dried salted fish (HS 03055). Fish and fishery products. Malawi MWI/32 02/12/2019 04/13/2019 Tomato concentrates (tomato puree and paste)(HS 2002). Vegetables and derived products Malawi MWI/33 02/12/2019 04/13/2019 Tomato sauce an d ketchup; Vegetables and derived products Malawi MWI/34 02/12/2019 04/13/2019 Preserved tomatoes; Vegetables and derived products Malawi MWI/35 02/12/2019 04/13/2019 Undercoats for paints; Paints and varnishes Malawi MWI/36 02/12/2019 04/13/2019 Decorative high gloss enamel paints; Paints and varnishes Malawi MWI/37 02/12/2019 04/13/2019 Edible oils and fats (HS 151620), Oilseeds Malawi MWI/38 02/12/2019 04/13/2019 Edible oils and fats (HS 151620), Oilseeds Malawi MWI/39 02/12/2019 04/13/2019 Vegetable fats and oils and their fractions (HS 151620). Edible oils and fats. Oilseeds Mexico MEX/317/Add.4 01/09/2019 Not given Solar water heaters (tariff subheading 8419.19.02) Mexico MEX/375/Add.1 01/09/2019 Not given Condensing and evaporator units for refrigeration purposes National tariff heading 84158299 Mexico MEX/429/Add.1 01/09/2019 Not given Electrical installations Mexico MEX/445 01/09/2019 02/18/2019 Honey (040900) Mexico MEX/308/Add.6 01/17/2019 Not given Eggs and egg products (he ading 0407) Mexico MEX/446 01/11/2019 03/05/2019 Various types of vehicles Mexico MEX/447 01/24/2019 03/22/2019 Products related to power plants Mexico MEX/378/Add.2 02/05/2019 Not given Onshore and offshore pipelines, throughout their entire life cycle, that are used to collect hydrocarbons and transport oil, natural gas, petroleum products and petrochemicals; and pipelines used in natural gas processing and oil refining processes and for the distribution of natural gas and petroleum products. Pipelines that are out of operation (temporarily or after having been abandoned), and pipelines which have not yet been built or are inactive, Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 87 Country Notification Date Issued Final Date for Comments Merchandise Covered are also included Mexico MEX/448 02/05/2019 03/26/2019 Pressurized portable containers and pressurized transportable containers – Safety in warehouses Mexico MEX/390/Add.2 02/14/2019 Not given Yoghurt (HS 04031001) Mexico MEX/391/Add.2 02/14/2019 Not given Milk powder or dried milk Mexico MEX/395/Add.2 02/14/2019 Not given Cheese Mexico MEX/390/Add.2 02/14/2019 Not given Yoghurt (HS 04031001) Mexico MEX/391/Add.2 02/14/2019 Not given Milk powder or dried milk Mexico MEX/395/Add.2 02/14/2019 Not given Cheese Nicaragua NIC/105/Add.1 02/01/2019 Not given Veterinary drugs Nicaragua NIC/157/Add.1 02/01/2019 Not given Matured cheese Oman OMN/392 01/16/2019 03/17/2019 Infants Formula Oman OMN/393 01/16/2019 03/15/2019 Infants and Young Children Food Oman OMN/394 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products Panama PAN/90/Add.1 01/17/2019 Not given Spl it type, free flow, ductless air conditioners Panama PAN/91/Add.1 01/17/2019 Not given Split-type air-conditioners Panama PAN/94/Add.1 01/17/2019 Not given Induction motors Panama PAN/88/Add.1 01/24/2019 Not given Room air-conditioners Panama PAN/89/Add.1 01/24/2019 Not given Split type, free flow, d uctless air conditioners Panama PAN/92/Add.2 01/17/2019 Not given Household refrigerators and freezers Panama PAN/96/Add.1 01/30/2019 Not given Matured cheese Panama PAN/101 01/30/2019 03/31/2019 Veterinary drugs and related products Peru PER/109 01/09/2019 03/03/2019 Motor vehicles for the transport of ten or more persons, including the driver (HS 8702); Chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (HS 8706); Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711); Other vehicles, with spark-ignition internal combustion reciprocating piston engine (HS 87032); Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel) (HS 87033); Other, with spark-ignition internal combustion piston engine (HS 87043); Road tractors for semi-trailers (HS 870120); Other (HS 870390); gvw not exceeding 5 tonnes (HS 870421); gvw exceeding 5 tonnes but not exceeding 20 t onnes (HS 870422); Crane lorries (HS 870510); Concretemixer lorries (HS 870540); Other (HS 870590) Peru PER/110 01/17/2019 03/16/2019 Cosmetic Products Philippines PHL/210 01/31/2019 02/14/2019 Speed Limitation Devices (SLD) and Adjustable Speed Limitation Devices (ASLD) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 88 Country Notification Date Issued Final Date for Comments Merchandise Covered Qatar QAT/557 01/16/2019 03/17/2019 Infants Formula Qatar QAT/558 01/16/2019 03/15/2019 Infants and Young Children Food Qatar QAT/559 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products Russian Federation RUS/91 02/12/2019 04/10/2019 Food products; related to the requirements for food products processes of production (manufacturing), storage, transportation, sale and disposal Saudi Arabia SAU/1100 01/16/2019 03/17/2019 Infants Formula Saudi Arabia SAU/1101 01/16/2019 03/15/2019 Infants and Young Children Food Saudi Arabia SAU/991 /Rev.1 02/07/2019 Not given Trailers and half trailers (HS codes: see the Annex (1), page 16) Saudi Arabia SAU/993/Rev.1 02/07/2019 Not given Bricks, tiles, ceramics, sanitary ware and related products (HS codes: see the Annex (1), page 15) Saudi Arabia SAU/1102 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products Slovenia SVN/105 02/07/2019 04/08/2019 Milk and milk products Slovenia SVN/106 02/07/2019 04/08/2019 Fresh beef, pig and poultry meat Slovenia SVN/107 02/07/2019 04/08/2019 Fruits and derived products South Africa ZAF/234 02/13/2019 04/08/2019 Fruits. Vegetables Sri Lanka LKA/39 02/18/2019 Not given Products covered and HS codes are given in the Gazette Notification No: 2107/45 of 25 January 2019 (Vehicular exhausts emissions) Taiwan Economy TPKM/346 01/07/2019 03/08/2019 Organic agricultural products Taiwan Economy TPKM/347/Corr. 1 01/09/2019 Not given Organic agricultural products Taiwan Economy TPKM/347 01/07/2019 03/08/2019 Organic agricultural products Taiwan Economy TPKM/348/Corr. 1 01/09/2019 Not given Organic agricultural products Taiwan Economy TPKM/348 01/07/2019 03/08/2019 Organic agricultural products Taiwan Economy TPKM/349 01/07/2019 03/08/2019 Cosmetics Taiwan Economy TPKM/350 01/08/2019 03/09/2019 Cosmetics Taiwan Economy TPKM/351 01/08/2019 03/09/2019 Cosmetics Taiwan Economy TPKM/327/Add. 1 01/18/2019 Not given Electronic toilet seats (HS 6910, 851679) Taiwan Economy TPKM/352 01/16/2019 03/17/2019 Wireless chargers; Static converters (HS 850440) Taiwan Economy TPKM/353 01/16/2019 03/17/2019 Imported Foods and Related Products Taiwan Economy TPKM/354 01/16/2019 03/17/2019 Children’s raincoats; Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07. (HS 6210), – Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620) Taiwan Economy TPKM/337/Rev. 1 02/05/2019 Not given Pharmaceutical products Taiwan Economy TPKM/355 02/05/2019 04/06/2019 Cosmetics; Toilet ries Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 89 Country Notification Date Issued Final Date for Comments Merchandise Covered Taiwan Economy TPKM/356 02/05/2019 04/06/2019 Cosmetics; Toiletries Taiwan Economy TPKM/357 02/18/2019 04/19/2019 Turning machines and machining centres for cold metal (HS Chapters 84 and 85) Taiwan Economy TPKM/358 02/20/2019 04/21/2019 Tobacco and manufactured tobacco substitutes (HS 24) Taiwan Economy TPKM/359 02/20/2019 03/20/2019 Cosmetics. Toiletries Taiwan Economy TPKM/360 02/20/2019 04/21/2019 Sunglasses and lens of sunglasses; – Spectacle lenses of glass (HS 900140), – Spectacle lenses of other materials (HS 900150), – Sunglasses (HS 900410) Taiwan Economy TPKM/361 02/20/2019 04/21/2019 Electric Cookers; – Other ovens; cookers, cooking plates, boiling rings, grillers and roasters (HS 851660) Taiwan Economy TPKM/362 02/20/2019 04/21/2019 Electric storage tank water heaters, air conditioners with hermetic type co mpressor; – Window or wall types, self-contained or “split-system” (HS 841510), – Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps) (HS 841581), – Other, incorporating a refrigerating unit (HS 841582), – Parts (HS 841590), – Electric instantaneous or storage water heaters and immersion heaters (HS 851610) Tanzania TZA/231 01/14/2019 03/15/2019 Chemicals for industrial and domestic disinfection purposes Tanzania TZA/232 02/05/2019 04/06/2019 Fruits and derived products (fruit drinks) Tanzania TZA/233 02/05/2019 04/06/2019 Fruits and derived products (Fruit juices and nectars) Tanzania TZA/234 02/05/2019 04/06/2019 Vegetables and derived products (Jams, jellies and marmalades) Tanzania TZA/235 02/05/2019 04/06/2019 Spices and condiments (Pickles) Tanzania TZA/236 2/20/2019 04/21/2019 Fruits. Vegetables Tanzania TZA/237 02/22/2019 04/23/2019 Meat and meat products (Canned corn beef) Tanzania TZA/238 02/22/2019 04/23/2019 Meat and meat products (Meat grades and meat cuts) Tanzania TZA/239 02/22/2019 04/23/2019 Meat and meat products (Dressed poultry) Tanzania TZA/240 02/22/2019 04/23/2019 Meat and meat products (Meat sausages) Tanzania TZA/241 02/22/2019 04/23/2019 Prepackaged and prepared foods (Meat products) Tanzania TZA/237 02/22/2019 04/23/2019 Meat and meat products (Canned corn beef) Tanzania TZA/238 02/22/2019 04/23/2019 Meat and meat products (Meat grades and meat cuts) Tanzania TZA/239 02/22/2019 04/23/2019 Meat and meat products (Dressed poultry) Tanzania TZA/240 02/22/2019 04/23/2019 Meat and meat products (Meat sausages) Tanzania TZA/241 02/22/2019 04/23/2019 Prepackaged and prepa Thailand THA/532 02/13/2019 04/14/2019 Tobacco products Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 90 Country Notification Date Issued Final Date for Comments Merchandise Covered Thailand THA/533 02/13/2019 04/14/2019 Articles for the conveyance or packing of goods (HS 3923). Mater ials and articles in contact with foodstuffs Thailand THA/534 02/25/2019 Not given New pneumatic tyres, of rubber. (HS 4011). Tyres Trinidad and Tobago TTO/120 02/07/2019 04/08/2019 Concrete and concrete products Tunisia TUN/27 01/10/2019 03/11/2019 Food products similar to cheese for human consumption Turkey TUR/143/Add.1 01/10/2019 Not given Belt Drive – Pulleys and V Belts for Automotive Industries Turkey TUR/145 01/11/2019 03/12/2019 Screws; bolts and nuts (HS 741533) Turkey TUR/146 01/23/2019 03/15/2019 Food (excluding spring water, drinking water, natural mineral water, water for special medical purposes of which are produced without using any food additives, flavourings and any substance for enrichment purposes) Uganda UGA/1014 01/08/2019 03/09/2019 Packaged flavoured drinking water; Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured (HS 220210) Uganda UGA/1015 01/09/2019 03/10/2019 Automotive gasoline, Premium mot or spirit; Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes (HS 27) Uganda UGA/1016 01/09/2019 03/10/2019 Automotive gas oil, Automotive diesel; Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes (HS 27) Uganda UGA/1017 01/10/2019 03/11/2019 Umbilical cord clamp; Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments (HS 9018) Uganda UGA/1018 01/10/2019 03/11/2019 Displacement and Volumetric Tank Provers Uganda UGA/1019 01/10/2019 03/11/2019 Lease Automatic Custody Transfer (LACT) Systems; Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flowmeters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 90.14, 90.15, 90.28 or 90.32 (HS 9026) Uganda UGA/1020 02/05/2019 04/06/2019 Dark sweet molasses, Black strap molasses; Molasses resulting from the extraction or refining of sugar (HS 1703) Uganda UGA/1021 02/07/2019 04/08/2019 Fruit juices and nectars; Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (HS 2009) Uganda UGA/1022 02/07/2019 04/08/2019 Pickles; Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid (HS 2001) Uganda UGA/1023 02/07/2019 04/08/2019 Dried mango; Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried (HS 0804) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 91 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/1024 02/07/2019 04/08/2019 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter (HS 2007) Uganda UGA/1025 02/07/2019 04/08/2019 Fruit drinks; Fruits and derived products Uganda UGA/1026 02/26/2019 04/27/2019 Fly ash Other (HS 262190) Uganda UGA/1027 02/26/2019 04/27/2019 Food grade nitrogen; Nitrogen (HS 280430) Uganda UGA/1028 02/26/2019 04/27/2019 Gelatin (including gelatin in rectangular (including square) sheets, whether or not surface- Worked or coloured) and gelatin derivatives; isinglass; other glues of animal origin, excluding casein glues of heading 35.01 (HS 3503) Ukraine UKR/145 01/17/2019 03/17/2019 Cosmetic products Ukraine UKR/146 01/23/2019 03/24/2019 Fruit juice, fruit juice from concentrate, concentrated fruit juice, dehydrated/powdered fruit juice, fruit nectar. Ukraine UKR/147 01/23/2019 03/24/2019 Blossom honey or nectar honey, honeydew honey, comb honey, chunk honey or cut comb in honey, drained honey, extracted honey, pressed honey, filtered honey, baker’s honey Ukraine UKR/148 01/23/2 019 03/24/2019 Coffee extract, soluble coffee extract, soluble coffee, instant coffee, chicory extract, soluble chicory, instant chicory. Ukraine UKR/144 11/09/2018 Not given Packing sets for storage and disposal of radioactive wasters Ukraine UKR/149 01/31/2019 Not given Pressure equipment United Arab Emirates ARE/455 01/16/2019 03/17/2019 Infants Formula United Arab Emirates ARE/456 01/16/2019 03/15/2019 Infants and Young Children Food United Arab Emirates ARE/457 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products United Kingdom GBR/33 01/18/2019 04/18/2019 Plastic-stemmed cotton buds United States USA/516/Add.1 01/31/2019 Not given Brake fluids (HS 3819) United States USA/1334/Add.2 01/31/2019 Not given Organics United States USA/1353/Add.1 01/31/2019 Not given Bump-stock-type devices (HS 9303) United States USA/1436 01/31/2019 02/11/2019 Motor vehicle bumper standards United States USA/772/Add.1 02/12/2019 Not given Event data recorders United States U SA/863/Add.2/ Corr.1 02/12/2019 Not given Residential furnace fans (HS 8414) United States USA/1432/Add.1 02/12/2019 Not given Residentia l wood heaters, hydronic heaters and forced-air furnaces United States USA/1437 02/12/2019 04/2/2019 Fruits and vegetable grade standards; Processes in the food industry, Fruits. Vegetables United States USA/1438 02/13/2019 Not given External power supplies; Miscellaneous domestic and commercial equipment United States USA/1439 02/13/2019 04/08/2019 Meat products and other animal produce United States USA/1343/Add.1 02/21/2019 Not given Hydrofluorocarbons Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 92 Country Notification Date Issued Final Date for Comments Merchandise Covered United States USA/1361/Add.1 02/21/2019 Not given Volatile Organic Compound limits United States USA/1440 02/21/2019 04/12/2019 General service lamps Uruguay URY/26/Corr.1 02/05/2019 Not given Foods packaged in the absence of the customer Uruguay URY/26/Corr.2 02/15/2019 Not given Foods packaged in the absence of the customer Yemen YEM/160 01/16/2019 03/17/2019 Infants Formula Yemen YEM/161 01/16/2019 03/15/2019 Infants and Young Children Food Yemen YEM/162 02/18/2019 04/19/2019 Labeling that must be written in Packages Tobacco Products CBP Rulings: Downloads and Searches As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 190,000 such rulings are in the database. CBP Rulings: Revocations or Modifications The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 USC §1625(c) to revoke or modify binding rulings or treatment prev iously accorded to substantially identical merchandise. Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) Proposed Revocations/modifications None Revocations/Modifications (A) 02-20-19 Tariff classification of certain knit stretch briefs NY A89600 M 9817.00.96 specially designed or adapted for the use or benefit of handicapped persons HQ H297341 6108.22.90 Not specially designed or adapted for the use or benefit of handicapped persons (E) 04-22-19 Tariff classification of decorative bridal accessories. NY H84824 NY E80988 RR 7116.20.40 HQ H293469 6702.90.65 [GRI 1, 6; EN 67.02] Tariff classification of a smartphone accessory consisting of a keyboard, LCD and trackpad NY N282589 R 8543.70.99 HQ H286666 8453.70.60 [GRI 1, 6; EN 85.43] Tariff classification of decorative wooden nutcrackers. NY I82063 NY I82064 M 9505.10.15 (human) 4420.10.00 (non-human) HQ H143395 4420.10.00 [GRI 1, 3(b); 6; Chap 44 N.1(p);第一章95 N.1(w); EN 44.20] Tariff classification of a NY N288630 R 6110.30.3053 HQ H296342 6101.30.2010 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 93 Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) men’s jacket Country of origin of solar panels NY N227976 M China HQ H298653 Germany (where polycrystalline solar cells are manufactured) – no substatial transformation in China European Classification Regulations The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update. Commission Implementing Regulation Description of the goods Classification (CN code) Reasons (EU) 2019 /321 of 18-02-19 A circular article with a diameter of approximately 500 mm and a weight of approximately 23 kg. It is made of spheroidal graphite cast iron (ductile iron, EN-GJS500-7). The article is painted with black bitumen for protection against corrosion. The article is certified according to EN 124 standard (gully tops and manhole tops for vehicular and pedestrian areas) and it is used as a sewer cover (for example, for rainwater sewers). See image, which is purely for information 7325 99 90 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7325, 7325 99 and 7325 99 90 . Classification of the article under CN code 7325 10 00 as other cast articles of non-malleable cast iron is excluded as non-malleable cast iron is not deformable under compressive stress, while spheroidal cast iron is deformable under tensile stress and also under compressive stress to a certain degree. Therefore spheroidal gr aphite cast iron as such cannot be considered non-malleable iron (see, by analogy, judgment of 12 July 2018, Profit Europe, Joined Cases C-397/17 and C-398/17, EU:C:2018:564). Classification of the article under CN code 7325 99 10 as other cast articles of malleable iron is also excluded as spheroidal graphite cast iron and malleable cast iron differ in terms of their composition and method of their production. Even if spheroidal graphite cast iron has characteristics similar to those of malleable cast iron (EN-GJM), none the less it constitutes a separate category (EN-GJS) (see, by analogy, judgment of 12 July 2018, Profit Europe, Joined Cases C397/17 and C-398/17). The article is therefore to be classified under CN code 7325 99 90 as ‘other cast articles of other iron’. Section 337 Actions In the United States, section 337 of the Tariff Act of 1930 as amended (19 USC §1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the im portation of articles, importation and sale in Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 94 the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337. Inv. № Commodity Action 337–TA–944 Certain Network Devices, Related Software and Components Thereof (I) [MODIFICATION PROCEEDING] Notice of a Commission Determination Not To Suspend or Modify the Remedial Orders; Termination of the Modification Proceeding 337–TA–1063 Certain X-Ray Breast Imaging Devices and Components Thereof Notice of Commission Decision To Terminate the Investigation Based on Settlement; Termination of the Investigation 337–TA–1073 Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II Notice of Commission Determination To Review a Final Initial Determination in Its Entirety; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date 337–TA–1074 Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies Notice of Commission Determination to Extend the Target Date 337–TA–1087 Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same Commission Determination Not to Review an Initial Determination Granting a Joint Motion to Terminate the Investigation Based Upon Settlement; Termination of the Investigation 337–TA–1114 Certain Modular LED Display Panels and Components Thereof Notice of Commission Determination Not to Review an Initial Determination Terminating the Invest igation in its Entirety; Termination of Investigation 337–TA–1142 Certain Pocket Lighters Institution of an investigation based on a complaint filed on behalf of BIC Corporation alleging trademark infringement 337–TA–1143 Certain Pickup Truck Folding Bed Cover Systems and Components Thereof Institution of an investigation based on a complaint filed on behalf of Extang Corporation and Laurmark Enterprises, Inc. alleging patent infringement In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of §337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints: Ref. № Commodity Complaint filed on behalf of: DN 3357 Certain Dental and Orthodontic Scanners and Software Align Technology, Inc. DN 3358 Certain Integrated Circuits and Products Containing the Same (* amended complaint) Tela Innovations, Inc. DN 3358* DN 3359 Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing the Same Medytox Inc., Allergan plc, and Allergan, Inc. DN 3360 Certain Taurine (2-Aminoethanesulfonic Acid), Methods of Production and Processes for Making the Same, and Products Containing the Same Vitaworks IP, LLC; Vitaworks, LLC; and Dr. Songzhou Hu DN 3361 Certain Blood Separation and Cell Preparation Devices RegenLab USA LLC DN 3363 Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same Innovative Foundry Technologies LLC Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 95 Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other co untries. (Click on blue text for link to official document.) Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value. United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action C–570–046 1-Hydroxyethylidene-1,1-Diphoshonic Acid From China Rescission of 2016-2018 CVD Administrative Review A–533–863 Certain Corrosion-Resistant Steel Products From India Preliminary Results of ADD Administrative Review; 2017-2018 C–570–076 Certain Plastic Decorative Ribbon From China Final Affirmative CVD Determination A–570–075 Certain Plastic Decorative Ribbon From China Final Determination of Sales at LTFV C–122–858 Certain Softwood Lumber Products From Canada Preliminary Results of CVD Expedited Review A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules From China Notice of Court Decision Not in Harmony with Final Results of ADD Administrative Review A–570–896 Magnesium Metal From China Preliminary Results of ADD Administrative Review; 2017-2018 C–570–098 C–533–886 Polyester Textured Yarn From India and China Postponement of Preliminary Determinations in the CVD Investigations A–557–809 Stainless Steel Butt-Weld Pipe Fittings From Malaysia Final Results of ADD Administrative Review; 2017-2018 A–588–857 Welded Large Diameter Line Pipe From Japan Final Results of the Expedited Third Sunset Review of the ADD Order A–570–082 Steel Wheels From China Postponement of Final Determination of Sales at LTFV C–570–074 Common Alloy Aluminum Sheet From China CVD Order C–508–813 Magnesium From Israel Postponement of Preliminary Determination in the CVD Investigation A–570–090 Certain Steel Wheels 12 to 16.5 Inches in Diameter From China Postponement of the Preliminary Determination in the LTFV Investigation A–570–848 Freshwater Crawfish Tail Meat From China Final Results of ADD Administrative Review and New Shipper Reviews; 2016–2017 A–570–073 Common Alloy Aluminum Sheet From China ADD Order A–489–816 Certain Oil Country Tubular Goods From Turkey Rescission of ADD Administrative Review; 2017–2018 C–533–844 Certain Lined Paper Products from India Rescission of CVD Administrative Review; 2017 C–570–046 1-Hydroxyethylidene-1,1-Diphoshonic Acid From China Notice of Correction to the Rescission of 2016-2017 CVD Administrative Review A–580–876 Welded Line Pipe From S. Korea Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2016–2017 A–570–040 Truck and Bus Tires From China ADD Order C–570–041 Truck and Bus Tires From China Amended Final Determination and CVD Order A–570–831 Fresh Garlic From China Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results A–580–874 Certain Steel Nails From S. Korea Final Results of ADD Administrative Review; 2016– 2017 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 96 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–489–822 Welded Line Pipe From Turkey Notice of Court Decision Not in Harmony With the Final Determination in the LTFV Investigation and Notice of Amended Final Determination and Amended ADD Order A–570–069 C–570–070 Rubber Bands From China AD and CVD Orders A–821–809 Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products From Russia Preliminary Results of ADD Administrative Review; 2016–2017 A–570–912 Certain New Pneumatic Off-The-Road Tires From China 2013- 2014: Notice of Court Decision Not in Harmony with Final Results of Administrative Review and Notice of Amended Final Results of ADD Administrative Review A–475–818 Certain Pasta From Italy Notice of Partial Rescission of ADD Administrative Review A–570–898 Chlorinated Isocyanurates From China Final Results of ADD Administrative Review; 2016-2017 C–570–980 Crystalline Silicon Photovoltaic Cells, Whether or Not A ssembled Into Modules, From China Preliminary Results of CVD Administrative Review and Intent to Rescind the Review, in Part; 2016 A–520–807 Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates Preliminary Results of ADD Administrative Review; 2016-2017 C–570–091 Certain Steel Wheels 12 to 16.5 Inches in Diameter From China Preliminary Affirmative CVD Determination A–583–856 Certain Corrosion-Resistant Steel Products From Taiwan Amended Final Results of ADD Administrative Review; 2016–2017 A–583–856 Corrosion-Resistant Steel Products From Taiwan Notice of Court Decision Not in Harmony with Final Determination of ADD Investigation and Notice of Amended Final Determination of Investigation A–580–868 Large Residential Washers From S. Korea Final Results of ADD Administrative Review; 2017-2018 A–570–601 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From China Final Results of ADD Administrative Review; 2016-2017 A–428–844 Carbon and Alloy Steel Cut-t o-Length Plate From Germany Preliminary Results and Partial Rescission of the ADD Administrative Review; 2016-2018 A–583–854 Certain Steel Nails From Taiwan Partial Rescission of ADD Administrative Review; 2017-2018 C–580–898 Large Diameter Welded Pipe From S. Korea Final Affirmative CVD Determination C–489–834 Large Diameter Welded Pipe From Turkey Final Affirmative CVD Determination A–122–863 Large Diameter Welded Pipe From Canada Final Affirmative Determination of Sales at LTFV A–484–803 Large Diameter Welded Pipe From Greece Final Affirmative Determination of Sales at LTFV A–580–897 Large Diameter Welded Pipe From S. Korea Final Affirmative Determination of Sales at LTFV A–489–833 Large Diameter Welded Pipe From Turkey Final Affirmative Determination of Sales at LTFV C–570–080 Cast Iron Soil Pipe From China Final Affirmative CVD Determination A–570–079 Cast Iron Soil Pipe From China Final Affirmative Determination of Sales at LTFV United States International Trade Commission (USITC ) Inv. № Merchandise/Country Action 701–TA–591 731–TA–1399 Common Alloy Aluminum Sheet from China [FINAL] Determinations: an industry in the US is materially injured by reason of imports that have been found by Commerce to be sold in the United States at LTFV, and to be subsidized by the government of China 701–TA–593, 594 731–TA–1402, 1404 Large Diameter Welded Pipe from China and India [FINAL] Determinations: an industry in the US is materially injured by reason of imports (other than stainless) provided for in subheadings 7305.11.10, 7305.11.50, 7305.12.10, 7305.12.50, 7305.19.10, and 7305.19.50 that have been found by Commerce to be sold in the Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 97 United States International Trade Commission (USITC) Inv. № Merchandise/Country Action US at LTFV, and to be subsidized by the government of India; that an industry in the US is threatened with material injury by reason of LTFV imports (other than stainles s) from China; the USITC terminates the CVD investigation from China; an industry in the US is materially injured by reason of LTFV imports (other than stainless) provided for in subheadings 7305.31.40, 7305.31.60, 7305.39.10, and 7305.39.50 and subsidized by China; USITC terminates the AD and CVD investigations on imports from India. USITC determines that an industry in the US is not materially injured or threatened with material injury by reason of imports of stainless steel large diameter welded pipe from China and India. 701–TA–597 731–TA–1407 Cast Iron Soil Pipe From China [FINAL] Revised scheduling of the final phase of countervailing duty and antidumping duty investigations 701–TA–481 731–TA–1190 Crystalline Silicon Photovoltaic Cells and Modules From China [REVIEW] Revised Schedule for Full Five-Year Reviews 701–TA–450 731–TA–1122 Laminated Woven Sacks From China [SECOND REVIEW] Institution of Five-Year Reviews 731–TA–749 Persulfates From China [FOURTH REVIEW] Institution of a Review 731–TA–1123 Steel Wire Garment Hangers From China [SECOND REVIEW] Institution of a Five-Year Review 701–TA–488 731– TA–1199–1200 Certain Large Residential Washers From Korea and Mexico [REVIEW] Revised Schedule for Full Five-Year Reviews 701–TA–592 731– TA–1400 Plastic Decorative Ribbon From China [FINAL] Revised Schedule for Final Phase Investigations 701–TA–486 731– TA–1195–1196 Utility Scale Wind Towers From China and Vietnam [REVIEW] Revised Schedule for Full Five-Year Reviews 701–TA–615–617 731–TA–1432–1434 Fabric ated Structural Steel From Canada, China, and Mexico [PRELIMINARY] Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 701–TA–603-605 731–TA–1413-1415 Glycine from China, India, Japan, and Thailand [FINAL] Revised Schedule for Final Phase of Investigations. 701–TA–601 731–TA–1411 Laminated Woven Sacks from Vietnam [FINAL] Revised Schedule of the Final Phase of CVD and ADD Investigations 701–TA–606 731–TA–1416 Quartz Surface Products from China [FINAL] Revised Schedule of the Final Phase of CVD and ADD Investigations 701–TA–602 731–TA–1412 Steel Wheels from China [FINAL] Revised Schedule of the Final Phase of CVD and ADD Investigations 701–TA–598 731–TA–1408 Rubber Bands from China [FINAL] Determinations that an industry in the United States is materially injured by reason of imports that have been found by the Commerce to be sold in the United States at LTFV, and to be subsidized by the government of China 701–TA–365-366 731–TA–734-735 Pasta from Italy and Turkey [FOURTH REVIEW] Scheduling of Expedited Five-Year Reviews 701–TA–556 731–TA–1311 Truck and Bus Tires From China [FINAL] [REMAND] Determinations that an industry in the United States is materially injured that have been found by Commerce to be sold in the United States a tLTFV and to be subsidized by the Government of China 701–TA–618-619 731–TA–1441-1444 Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand; [PRELIMINARY] In stitution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–1435-1440 Acetone From Belgium, Korea, Saudi Arabia, Singapore, South Africa, and Spain [PRELIMINARY] Institution of AD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–747 Fresh Tomatoes From Mexico [FOURTH REVIEW] Revised schedule for full five-year review Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 98 Canadian International Trade Tribunal (CITT) Ref. Number Merchandise/Country Action NQ-2018-001 Certain Sucker Rods originating in or exported from China Finding that dumping and subsidizing of subject goods have caused injury; reasons issued NQ-2018-004 Certain corrosion-resistant flat-rolled steel sheet products of carbon steel originating in or exported from China, Chinese Taipei, India and S. Korea Finding that dumping has not caused injury but is threatening to cause injury to the domestic industry NQ-2018-002 Dumping and Subsidizing: Certain cold-reduced flat-rolled sheet products of carbon steel (alloy and non-alloy) originating in or exported from China, Vietnam or S. Korea Finding that dumping and subsidizing of the subject goods have caused injury to the domestic industry; reasons issued NQ-2018-003 Certain carbon steel welded pipe, commonly identified as standard pipe, originating in or exported from Pakistan, the Philippines, Turkey and the Vietnam Finding that dumping of the subject goods has caused injury to the domestic industry Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country Action COR 2018 IN Corrosion-Resistant Steel Sheet from China, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), India and South Korea Statement of Reasons concerning an expiry review determination UWM 2018 ER Certain Unitized Wall Modules originating in or exported from China Statement of Reasons concerning an expiry review determination OCTG2 2018 UP HLD CLARK Cert ain Oil Country Tubular Goods (OCTG) exported from the Philippines Notice of Conclusion of Normal Value Review AE 2018 SP Certain Aluminum Extrusions from China Notice of Scope Ruling AE 2018 SP Certain Aluminum Extrusions Notice of Scope Ruling – Statement of reasons – aluminum Brackets included with unassembled Base Transceiver Station (BTS) Systems NAFTA Panels Case Number Merchandise/Country Action USA-CDA-2018-1904-05 Certain Uncoated Groundwood Paper From Canada Notice of Completion of Panel Review of Final Determination of Sales at LTFV USA-CDA-2018-1904- 0 6 Certain Uncoated Groundwood Paper From Canada Notice of Completion of Panel Review of Final Affirmative CVD Determination USA-CDA-2018-1904-07 Uncoated Groundwood Paper From Canada Notice of Completion of Panel Review of Injury Determination Mexico – Ministry of Economy Ref. № Merchandise/Country Action No cases reported Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 99 European Union Ref erence Merchandise/Country Action (EU) 2019/159 Certain Steel Products (26 categories) Imposition of definitive safeguard measures (tariff rate quota) 2019/C 53/03 Ammonium nitrate originating in or exported from Russia Notice of the impending expiry of certain anti-dumping measures (ADD). Date of expiry 25-09-2019 (EU) 2019/244 Biodiesel originating in Argentina Commission Implementing Regulation imposing definitive CVD (EU) 2019/245 Biodiesel originating in Argentina Commission Implementing Decision accepting undertaking offers (EU) 2019/251 Certain seamless pipes and tubes of iron or steel originating in China Commission Implementing Regulation concerning the definitive ADD imposed on imports from Hubei Xinyegang Steel Co., Ltd and amending Implementing Regulation imposing a definitive ADD on imports 2019/C 58/11 Sodium cyclamate originating in China and Indonesia Notice concerning the AD measures in force; change of address of a company subject to an individual duty rate (EU) 2019/ 261 Certain cast iron articles originating in China Commission Implementing Regulation amending Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty and terminating the investigation on imports of certain cast iron articles originating in India (EU) 2019/262 Threaded tube or pipe cast fittings, of malleable cast iron, originating in China and Thailand Commission Implementing Regulation amending Council Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty imposed and terminating the proceeding with regard to Indonesia (EU) 2019/266 Solar glass originating in Malaysia Commission Implementing Decision terminating the AD proceeding 2019/C 60/07 Steel road wheels originating in China Notice of initiation of an AD proceeding (EU) 2019/297 Chamois leather originating in China Commission Implementing Regulation imposing a defin i tive ADD following an expiry review 2019/C 68/08 Electrolytic manganese dio xides (ie manganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process from South Africa Notice of the expiry of certain anti-dumping measures on 01-03-19 2019/C 68/09 Certain woven and/or stitched glass fibre fabrics originating in China and Egypt Notice of initiation of an AD proceeding Australian Anti-Dumping Commission Ref. № Merchandise/Country/Case # Action 2019/08 Pineapple Fruit (FSI) from Thailand #477 Findings in Relation to a Revocation of Measures 2019/09 Pineapple Fruit (Consumer) from Thailand #478 Findings in Relation to a Review of Measures 2019/11 Rod in Coils from China #468 Findings in relation to a review of Anti-Dumping Measures 2019/16 Steel Pallet Racking from China, Malaysia #441 Extension of time to provide Final Report to the Minister – Issues Paper 2019/18 A4 Copy Paper from Austria, Finland, Korea, Russia, Slovakia #463 Extension of time to provide Final Report to the Minister 2019/20 Power Transformers from In donesia, Taiwan, Thailand #504 Initiation of a continuation inquiry 2019/21 Hot Rolled Structural Steel Sections from Japan, Korea, Taiwan, Thailand #505 Initiation of a continuation inquiry 2019/22 Quenched and Tempered Steel from Finland, Japan, Sweden #506 Initiation of a continuation inquiry 2019/23 Various Monthly Status Report – January 2019/24 Aluminium Extrusions fro m Malaysia #490/494 Extension of time to issue the Statement of Essential Facts and Final Report 2019/25 PVC Flat Electric Cables from China #469 Amendment of Securities Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 100 Australian Anti-Dumping Commission Ref. № Merchandise/Country/Case # Action 2019/26 Solid Base Angle from China #501 Initiation of an Investigation 2019/29 Ammonium Nitrate from China, Thailand, Sweden#473 Amendment of Securities China Ministry of Commerce (MOFCOM) Ref. № Merchandise/Country Action Ann. 4, 2019 Potato Starch Originating in the European Union Fina l Review of the AD Measures Ann. 6, 2019 White feather broiler products originating in Brazil Final ruling on the AD investigation Government of India Ministry of Finance (Department of Revenue) Notification № Merchandise/Country Action 07/2019-Cus (ADD) 07-02-19 Non-Plasticized Industrial Grade Nitrocellulose Damped in Isopropyl Alcohol having Nitrogen content in range of 10.7% to 12.2% originating in or exported from Brazil, Indonesia and Thailand Definitive Anti-dumping Duty imposed for a period of 5 years 08/2019-Cus (ADD) 12-02-19 Cold Rolled Flat Products of Stainless Steel originating in or exported from China PR, Korea, European Union, South Africa, Chinese Taipei, Thailand and the United States of America Notification No. 61/2015-Cus (ADD) dated 11 December, 2015 levying Anti-dumping Duty amended to incorporate change in name of exporter 09/2019-Cus (ADD) 12-02-19 Notification No. 52/2017-Cus (ADD) dated 24 October, 2017 levying Anti-dumping Duty in pursuance of Anti-circumven tion investigation amended to inc orporate change in name of exporter 10/2019-Cus (ADD) 12-02-19 High Tenacity Polyester Yarn originating in or exported from China PR Notification No. 35/2018-Cus (ADD) dated 9 July, 2018 levying Anti-dumping Duty amended to incorporate change in name of exporters 11/2019-Cus (ADD) 12-02-19 Peroxosulphates (Persulphates) originating in or exported from China PR and Japan Notification No. 11/2013-Cus (ADD) dated 16 May, 2013 levying Anti-dumping Duty rescinded 12/2019-Cus (ADD) 26-02-19 Textured Tempered Coated and Uncoated Glass with minimum of 90.5% transmission having thickness not exceeding 4.2 mm (including tolerance of 0.2 mm) and where at least one dimension exceeds 1500 mm, whether coated or uncoated originating in or exported from Malaysia Definitive Anti-dumping Duty imposed for a period of 5 years Government of India Ministry of Commerce and Industry (Department of Commerce) File № and Date Merchandise/Country Action ORAL HEARINGS 6/21/2018-DG TR 04-02-19 Fluoroelastomers origi nating in or exported from China PR Cancels oral hearing in Anti-subsidy Investigation 6/19/2018-DGAD 05-02-19 Atrazine Technical originating in or exported from China PR Reschedules oral hearing on 8 February, 2019 in Anti-subsidy Investigation 6/19/2018-DGAD 07-02-19 Reschedules oral hearing on 15 February, 2019 in Anti-subsidy Investigation Baker McKenzie International Trade Complia nce Update | March 2019 8458530-v6\WASDMS 101 Government of India Ministry of Commerce and Industry (Department of Commerce) File № and Date Merchandise/Country Action 7/8/2018-DGAD 08-02-19 New/ Unused Pneumatic Radial Tyres originating in or exported from China PR Schedules oral hearing on 13 February, 2019 in New Shipper Review Investigation FINAL FINDINGS 06/9/2018-DGAD 21-02-19 Ethylene Vinyl Acetate Sheet for Solar Module originating in or exported from China PR, Malaysia, Saudi Arabia, South Korea and Thailand Final Findings issued in Anti-dumping Investigation OT HERS 6/21/2018-DGTR 05-02-19 Fluoroelastomers originating in or exported from China PR Terminates Anti-subsidy Investigation 7/09/2017-DGAD 08-02-19 Jute Products viz – Jute Yarn/ Twine (multiple folded/cabled and single), Hessian Fabric and Jute Sacking Bags originating in or exported from Bangladesh Timelines specified to complete New Shipper Review Investigations 7/44/2018-DGTR 15-02-19 Electrical Insulators originating in or ex p orted from China PR Time for filing questionnaire response in Sunset Review Investigation extended until 11 March, 2019 7/38/2018-DGTR 19-02-19 Saturated Fatty Alcohols originating in or exported from Indonesia, Malaysia, Thailand and Saudi Arabia Time for filing questionnaire response in New Shipper Review Investigation extended until 8 March, 2019 Argentina Ministry of Production – Secretary of Foreign Trade Ref. Number Merchandise/Country Action Res. 7/2019 (RESOL-2019-7-APNSCE # MPYT) Mixtures containing tetrafluoroethane and pentafluoroethane and mixtu res containing difluoromethane and pentafluoroethane, originating in China Initiation of AD investigation Res. 8/2019 (RESOL-2019-8-APNSCE # MPYT) Certain aluminum sheets without alloys or alloys of aluminum of the 3xxx Series according to the IRAM 681 standard originating in China Initiation of AD investigation Res. 9/2019 (RESOL-2019-9-APNSCE # MPYT) Sunglasses, frames for eyeglasses and glasses (eyeglasses) corrective or pre-graduated, originating in China Closing non-preferential verification of origin for goods declared from Taiwan – Taiwan confirmed Res. 10/2019 (RESOL-2019-10-APNSCE # MPYT) Sunglasses, frames for eyeglasses and glasses (eyeglasses) corrective or pre-graduated, originating in China Closing non-preferential verification of origin for goods declared from Taiwan – Taiwan confirmed Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action SECEX Cir. № 4 Tableware originating in Argentina, China and Indonesia. Starts anti-dumping duty ass essment SECEX Cir. № 5 Whole or skimmed-milk powder originating in EU and New Zealand Closes the review of the anti-dumping measure without extension of that measure, since there was no evidence of a likelihood of a continuation of dumping SECEX Cir. № 6 Various Discloses deadlines for end-of-period reviews of AD measures in progress in DECOM. SECEX Cir. № 7 Various Discloses deadlines for end-of-period reviews of AD measures in progress in DECOM. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 102 Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action SECEX Cir. № 8 Flat rolled products of 304 austenitic stainless steels (304, 304L and 304H) and type 430 cold rolled ferritic steels of equal thickness or more than 0,35 mm but less than 4,75 mm originating in Germany, China, South Korea, Finland, Chinese Taipei and Vietnam Extends the deadline for the conclusion of the end-of-period review of the ADD; In addition, it m akes public the deadlines that will serve as parameters for the remainder of said review. SECEX Cir. № 9 New bicycle rubber tires, except special tires produced with kevlar or hiten, originating in China, India and Vietnam Extends the deadline for the conclusion of the end-of-period review of the ADD SECEX Cir. № 10 “Thick plates”, originating in South Africa, South Korea, China and Ukraine Extends the deadline for the end-of-period review of ADD; In addition, it makes public the deadlines that will serve as parameters for the remainder of said review SECEX Cir. № 11 PET film, originating in Bahrain and Peru To extend the time limit for completing the investigation of dumping, injury to domestic industry and causal link between them SECEX Cir. № 12 Tableware originating in Argentina, China and Indonesia Starts ADD assessment SECEX Cir. № 13 Citric acid, sodium citrate, potassium citrate, calcium citrate and mixtures thereof Announces the update of the price commitment for goods manufac tured by COFCO Biochemical (Anhui) , COFCO Biochemical (Maanshan) Co. Ltd. and RZBC (Juxian) Co. Ltd. and exported to Brazil directly or via trading company RZBC Import & Export Co. Ltd. Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 103 Opportunity to Request Administrative Review In a February 8, 2019 Federal Register notice, the US Department of Commerce announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with January and February anniversary dates. In addition, in the notice of opportunity to request administrative reviews that was published on December 3, 2018 (83 Fed. Reg. 62293) Commerce listed the incorrect period of review for the CVD Sugar from Mexico case. The correct period of review is listed in this notice: AD/CVD Proceedings – Country/ Merchandise Case No. Period Antidumping Duty Proceedings January 2019 Belarus: Carbon and Alloy Steel Wire Rod A–822–806 9/12/17–12/31/18 Brazil: Prestressed Concrete Steel Wire Strand A–351–837 1/1/18–12/31/18 Canada: Softwood Lumber A–122–857 6/30/17–12/31/18 India: Prestressed Concrete Steel Wire Strand A–533–828 1/1/18–12/31/18 Mexico: Prestressed Concrete Steel Wire Strand A–201–831 1/1/18–12/31/18 S. Korea: Prestressed Concrete Steel Wire Strand A–580–852 1/1/18–12/31/18 RUSSIA: Carbon and Alloy Steel Wire Rod A–821–824 9/12/17–12/31/18 South Africa: Ferrovanadium A–791–815 1/1/18–12/31/18 Thailand: Prestressed Concrete Steel Wire Strand A–549–820 1/1/18–12/31/18 The PR of China: Calcium Hypochlorite A–570–008 1/1/18–12/31/18 Carbon and Certain Alloy Steel Wire Rod A–570–012 1/1/18–12/31/18 Crepe Paper Products, A–570–895 1/1/18–12/31/18 Ferrovanadium A–570–873 1/1/18–12/31/18 Folding Gift Boxes A–570–866 1/1/18–12/31/18 Hardwood Plywood Products A–570–051 6/23/17–12/31/18 Potassium Permanganate A–57 0–001 1/1/18–12/31/18 Wooden Bedroom Furniture A–570–890 1/1/18–12/31/18 United A rab Emirates: Carbon and Alloy Steel Wire Rod A–520–808 9/12/17–12/31/18 Antidumping Duty Proceedings for February 2019 Brazil: Carbon and Alloy Steel Cut-to-Length Plate A–351–847 2/1/18–1/31/19 France: Uranium A–427–818 2/1/18–1/31/19 India: Certain Cut-To-Length Carbon-Quality Steel Plate A–533–817 2/1/18–1/31/19 Certain Preserved Mushrooms A–533–813 2/1/18–1/31/19 Frozen Warmwater Shrimp A–533–840 2/1/18–1/31/19 Stainless Steel Bar A–533–810 2/1/18–1/31/19 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate A–560–805 2/1/18–1/31/19 Certain Preserved Mushrooms A–560–802 2/1/18–1/31/19 Italy: Stainless Steel Butt-Weld Pipe Fittings A–475–828 2/1/18–1/31/19 Japan: Carbon Steel Butt-Weld Pipe Fittings A–588–602 2/1/18–1/31/19 Stainless Steel Bar A–588–833 2/1/18–1/31/19 Malaysia: Stainless Stee l Butt-Weld Pipe Fittings A–557–809 2/1/18–1/31/19 Mexico: Large Residential Washers A–201–842 2/1/18–1/ 31/19 Philippines: Stainless Steel Butt-Weld Pipe Fittings A–565–801 2/1/18–1/31/1 9 S. Korea: Certain Cut-To-Length Carbon-Quality Steel Plate A–580–836 2/1/18–1/31/19 Large Residential Washers A–580–868 2/1/18–1/31/19 SR of Vietnam: Frozen Warmwater Shrimp A–552–802 2/1/18–1/31/19 Steel Wire Garment Hangers A–552–812 2/1/18–1/31/19 Utility Scale Wind Towers A–552–814 2/1/18–1/31/19 South Africa: Carbon and Alloy Steel Cut-To-Length Plate A–791–822 2/1/18–1/31/19 Taiwan: Crystalline Silicon Photovoltaic Products A–583–853 2/1/18–1/31/19 Thailand: Frozen Warmwater Shrimp A–549–822 2/1/18–1/31/19 The PR of China: Certain Preserved Mushrooms A–570–851 2/1/18–1/31/19 Crystalline Silicon Photovoltaic Products A–570–010 2/1/18–1/31/19 Frozen Warmwater Shrimp A–570–893 2/1/18–1/31/19 Editor, International Trade Compliance Update Stuart P. Seidel Washington, DC +1 202 452 7088 [email protect ed] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 104 AD/CVD Proceedings – Country/ Merchandise Case No. Period Heavy Forged Hand Tools, With or Without Handles A–570–803 2/1/18–1/31/19 Large Residential Washers A–570–033 2/1/18–1/31/19 Small Diameter Graphite Electrodes A–570–929 2/1/18–1/31/19 Uncovered Innerspring Units A–570–928 2/1/18–1/31/19 Utility Scale Wind Towers A–570–981 2/1/18–1/31/19 Turkey: Carbon and Alloy Steel Cut-To-Length Plate A–489–828 2/1/18–1/31/19 Countervailing Duty Proceedings Argentina: Biodiesel C–357–821 8/28/17–12/31/18 Canada: Softwood Lumber C–122–858 4/28/17–12/31/18 Indonesia: Biodiesel C–560–831 8/28/17–12/31/18 The PR of China: Calcium Hypochlorite C–570–009 1/1/18–12/31/18 Carbon and Certain Alloy Steel Wire Rod C–570–013 1/1/18–12/31/18 Circular Welded Carbon Quality Steel Line Pipe C–570–936 1/1/18–12/31/18 Hardwood Plywood Products C–570–052 4/25/17–12/31/18 Oil Country Tubular Goods C–570–944 1/1/18– 12/31/18 Tool Chests and Cabinets C–570–057 9/15/17–12/31/18 Febru ary India: Certain Cut-To-Length Carbon-Quality Steel Plate C–533–818 1/1/18–12/31 /18 Prestressed Concrete Steel Wire Strand C–533–829 1/1/18–12/31/18 Cold-Drawn Mechanical Tubing C–533–874 9/25/17–12/31/18 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate C–560–806 1/1/18–12/31/18 S. Korea: Certain Cut-To-Length Carbon-Quality Steel Plate C–580–837 1/1/18–12/31/18 Large Residential Washers C–580–869 1/1/18–12/31/18 SR of Vietnam: Steel Wire Garment Hangers C–552–813 1/1/18–12/31/18 The PR of China: Cold-Drawn Mechanical Tubing C–570–059 9/25/17–12/31/18 Crystalline Silicon Photovoltaic Products C–570–011 1/1/18–12/31/18 Utility Scale Wind Towers C–570–982 1/1/18–12/31/18 Suspension Agreements for December Mexico: Sugar C–201–846 1/1/18–12/31/18 Suspension Agreements for January 2019 Russia: Certain Cut-To-Length Carbon Steel Plate A–821–808 1/1/18–12/31/18 Requested Reviews In a February 6, 2019 Federal Regis ter notice, the US Department of Commerce announced that it has rec eived timely requests to conduct administrative reviews of various antidumping a nd countervailing duty orders and findings with November anniversary dates. See actual notices for companies requesting review: AD/CVD Proceedings – Country/ Merchandise Case No. Period Antidumping Duty Proceedings India: Welded Stainless Pressure Pipe A-533-867 11/1/17 – 10/31/18 Indonesia: Monosodium Glumate A-560-826 11/1/17 – 10/31/18 Mexico: Circular Welded Non-Alloy Steel Pipe A-201-805 11/1/17 – 10/31/18 Seamless Refined Copper Pipe and Tube A-201-838 11/1/17 – 10/31/18 Steel Concrete Reinforcing Bar A-201-844 11/1/17 – 10/31/18 S. Korea: Certain Circular Welded Non-Alloy Steel Pipe A-580-809 11/1/17 – 10/31/18 Taiwan: Certain Circular Welded Non-Alloy Steel Pipe A-583-814 11/1/17 – 10/31/18 Certain Hot-Rolled Carbon Steel Flat Products A-583-835 11/1/17 – 10/31/18 Thailand: Certain Hot-Rolled Carbon Steel Flat Products A-549-817 11/ 1/17 – 10/31/18 The PR of China: Certain Steel Nails A-570-958 8/1/17 – 7/31/18 1-Hydroxyethylidene-1,1-Diphoshonic Acid (HEDP) 6 A-570-045 11/4/2016-4/30/2018 Certain Hot-Rolled Carbon Steel Flat Products A-570-865 11/1/17 – 10/31/18 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Pressess A-57 0-958 11/1/17 – 10/31/18 Diamond Sawblades and Parts Thereof A-570-900 11/1/17 – 10/31/18 Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 105 AD/CVD Proceedings – Country/ Merchandise Case No. Period Fresh Garlic A-570-831 11/1/17 – 10/31/18 Monosodium Glutamate A-570-992 11/1/17 – 10/31/18 Seamless Refined Copper Pipe and Tube A-570-964 11/1/17 – 10/31/18 United Arab Emirates: Polyethylene Terephthalate (Pet) Film A-520-803 11/1/17 – 10/31/18 Countervailing Duty Proceedings India: Welded Stainless Pressure Pipe C-533-868 1/1/17 – 12/31/17 The PR of China: Chlorinated Isocyanurates C-570-991 1/1/17- 12/31/17 Certain Coated Paper S uitable for High-Quality Print Graphics Using Sheet-Fed Pressess C-570-959 1/1/17 – 12/31/17 Turkey: Steel Concrete Reinforcing Bar C-489-819 1/1/17 – 12/31/17 Suspension Agreements None Initiation of Sunset Reviews In two February 5, 2019, Federal Register notices (here and here), the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below. AD/CVD DOC Case No. ITC Case No. Country Merchandise A-570-916 731-TA-1122 China Laminated Woven Sacks (2nd) C-570-917 701-TA-450 China Laminated Woven Sacks (2nd) A-570-847 731-TA-749 China Persulfates (4th) A-570-918 731-TA-1123 China Steel Wire Garment Hangers (2nd) In a February 5, 2019, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below. AD/CVD DOC Case No. ITC Case No. Country Merchandise (Review) A-570-865 731-TA-899 China Certain Hot-Rolled Carbon Steel Flat Products (3rd) A-570-912 731-TA-1117 China New Pneumatic Off-The Road Tires (2nd) C-570-913 C-570-913* China New Pneumatic Off-The Road Tires (2nd) A-570-875 731-TA-990 China Non-Malleable Cast Iron Pipe Fitting (3rd) A-570-922 731-TA-1129 China Raw Flexible Magnets (2nd) C-570-923 701-TA-452 China Raw Flexible Magnets (2nd) A-570-925 731-TA-1136 China Sodium Nitrite (2nd) C-570-926 701-TA-453 China Sodium Nitrite (2nd) A-428-841 731-TA-1137 Germany Sodium Nitrite (2nd) A-533-820 731-TA-900 India Certain Hot-Rolled Carbon Steel Flat Products (3rd) C-533-821 701-TA-405 India Certain Hot-Rolled Carbon Steel Flat Products (3rd) A-560-812 731-TA-901 Indonesia Certain Hot-Rolled Carbon Steel Flat Products (3rd) C-560-813 701-TA-406 Indonesia Certain Hot-Rolled Carbon Steel Flat Products (3rd) A-583-835 731-TA-906 Taiwan Certain Hot-Rolled Carbon Steel Flat Products ( 3rd) A-583-842 731-TA-1130 Taiwa n Raw Flexible Magnets (2nd) A-549-817 731-TA-907 Thailand Certain Hot-Rolled Carbon Steel Flat Products (3rd) C-549-818 701-TA-408 Thailand Certain Hot-Rolled Carbon Steel Flat Products (3rd) A-823-811 731-TA-908 Ukraine Certain Hot-Rolled Carbon Steel Flat Products (3rd) Baker McKenzie International Trade Compliance Update | March 2019 8458530-v6\WASDMS 106 Mattias Hedwall Global Chair International Commercial & Trade International Commercial & Trade Leadership Team Regional Chairs / Steering Committee Kana Itabashi Tokyo Asia Pacific Ulf Wauschkuhn Munich EMEA Alejandro C. Mesa-Neira Bogota Latin America Jennifer Trock Washington DC North America IC&T Focus Groups Agency & Distribution / Franchising Product Liability / Anticorruption / Compliance Liaison Customs & Trade Agreements Will Woods Dallas Ulrich Ellinghaus Frankfurt Fred Burke Ho Chi Minh City Terrie Gleason San Francisco Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets Peerapan Tungsuwan Bangkok Nick Coward & Janet Ki m Washington DC Miguel Noyola Chicago/Washington DC ©2019 Baker & McKenzie.版权所有。 Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. 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Post time: Jan-28-2023