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International Trade Compliance Update
(Covering Customs and Other Import Requirements, Export Controls and Sanc-
tions, Trade Remedies, WTO and Anti-Corruption)
Newsletter | December 2019
Please see our Webinars, Meetings, Seminars section for contact and regis-
tration information for the remaining webinar in our 16th annual Global Trade
and Supply Chain Webinar Series entitled, “2019: What's Up in Interna-
tional Trade? Keeping up to Speed on Evolving Challenges,” as well as
links to past webinars and information on other events.
In addition, there are links to the video recordings, PowerPoints and handout
materials of the
2019 Year-End Import/Export Review in Santa Clara
2018 Year-End Import/Export Review in Santa Clara
Asia Pacific International Commercial and Trade Client Confer-ence (Tokyo November 2018).
To keep abreast of international trade-related news, visit our blogs:
For International Trade Compliance Updates, please regularly visit https://www.internationaltradecomplianceupdate.com/.
For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly.
For resources and news regarding international trade, particularly in Asia, please visit our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/.
To see how BREXIT (the UK exiting the EU) may affect your business, visit https://brexit.bakermckenzie.com/.
For additional compliance news and comment from around the world, please visit https://globalcompliancenews.com/.
Note: Unless otherwise indicated, all information in this Update is taken from official ga-zettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source usually may be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered.
In This Issue:
United Nations
World Trade Organization (WTO)
World Customs Organization (WCO)
Other International Matters
The Americas - Central America
The Americas - North America
The Americas - South America
Asia-Pacific
Europe, Middle East and North Africa
Africa (except North Africa)
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
CBSA Advance Rulings
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifi-cations
Amendments to the CN Explanatory Notes
Section 337 Actions
Antidumping, Countervailing Duty and Safeguard Investigations, Or-ders & Reviews
Ed-itor
Inter-na-tional
Trade
Compliance Update
Editor, International Trade Com-pliance Update
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 [email protected]
This may qualify as “Attorney Advertis-ing” requiring notice in some jurisdic-tions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowl-edgements on the last page
Please see copyright and acknowl-edgements on the last page
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United Nations
Security Council Resolutions
The following Security Council Resolutions authorize the establishment or
continuation of a full or partial embargo, sanction or collective action. (dd-mm-
yy):
Date Title
05-11-19 Resolution 2496 (2019) The situation in Bosnia and Herzegovina
15-11-19 Resolution 2498 (2019)_ The Situation in Somalia
World Trade Organization (WTO)
Trade Policy Review: Lao PDR
The first review of the trade policies and practices of Lao People’s Democratic
Republic (Laos) took place on 18 and 20 November 2019. The basis for the
review was a report by the WTO Secretariat and a report by the Government
of the Lao PDR.
Kazakhstan submits application to join government procurement pact
On 3 December 2019, the WTO announced that Kazakhstan’s application to
start negotiating its accession to the WTO’s Government Procurement Agree-
ment (GPA) was announced at a meeting of the Committee on Government
Procurement on 3 December 2019. Currently, 48 WTO members (including
the European Union and its 28 member states) are bound by the Agree-
ment. Australia is the latest member to have acceded to the Agreement earlier
in 2019.
The WTO announcement said that Kazakhstan's WTO membership terms,
which WTO members approved in 2015, included a commitment to start nego-
tiating its accession to the GPA within four years of joining the Organization.
Kazakhstan was granted observer status by the GPA parties in October 2016.
The negotiations will take place based on a market access offer to be pro-
vided by Kazakhstan and its replies to a checklist of issues regarding its gov-
ernment procurement legislation. Kazakhstan will host the WTO's 12th Minis-
terial Conference in June 2020.
Recent disputes
The following disputes have been recently brought to the WTO. Click on the
case (“DS”) number below to go to the WTO website page for details on that
dispute.
DS. No. Case Name Date
DS 591 Colombia - Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands - Request for consultations by the European Union
15-11-19
DS 592 Indonesia - Measures Relating to Raw Materials - Request for consultations by the European Union
27-11-19
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 de-
velopments and issues of signifi-
cance or interest. They should not
be regarded or relied upon as legal
advice or opinion. Baker McKenzie
advises on all aspects of Interna-
tional Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel
Washington, D.C. +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 format-
ting 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 auto-
mated program and are for infor-
mation purposes only. Depending
on the language, readers with the
Chrome browser should be able to
automatically get a rough to excel-
lent English translation.
Credits:
Unless otherwise indicated, all in-formation is taken from official inter-national 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 infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
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WTO authorizes China to seek duties on $3.579 Billion in US goods
On 1 November 2019, a WTO arbitrator issued a decision on the level of
countermeasures that China may request with respect to the United States in
the case “United States — Certain Methodologies and their Application to
Anti-Dumping Proceedings Involving China” [DS 471]. DS 471 found that the
US calculation of anti-dumping duties on 25 different Chinese products was
not in accordance with the WTO agreements. Specifically, the WTO struck
down the US use of zeroing, a methodology that produces higher dumping
margins and has been found by multiple WTO panels in the past to violate
WTO rules.
The arbitrator allowed approximately USD 3.579 Billion in countermeasures
against the US based on the level of nullification or impairment concerning the
anti-dumping orders at issue by calculating (using a two-step methodology re-
ferred to as the Armington model), for each order, the difference between the
2017 value of US imports from China, simulated under the first step, and the
counterfactual value of US imports from China, simulated under the second
step. In accordance with Article 22.4 of the DSU, China may request authori-
zation from the DSB to suspend concessions or other obligations at a level not
exceeding USD 3,579,128,000 per annum. Beijing had initially requested USD
7 Billion. China will be allowed to implement the duties once it gets formal au-
thorization from the WTO's Dispute Settlement Body, which is slated to meet
next on Nov. 22.
DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB)
or parties to a dispute took the following actions or reported the following ac-
tivities. Requests for a panel are not listed (click on “DS” number to go to
summaries of the case, click on “Activity” to go to the latest news or docu-
ments):
DS No. Case Name Activity Date
DS 471
United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China (Complain-ant: China)
Arbitrator issues deci-sion on level of coun-termeasures that China may impose
01-11-19
TBT Notifications
Member countries of the WTO are required under the Agreement on Technical
Barriers to Trade (TBT Agreement) to report to the WTO all proposed tech-
nical regulations that could affect trade with other Member countries. The
WTO Secretariat distributes this information in the form of “notifications” to all
Member countries. See separate section on WTO TBT Notifications for a ta-
ble which summarizes notifications posted by the WTO during the past month.
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World Customs Organization (WCO)
Announcements and news releases [dd-mm-yy]
Date Title
04-11-19
WCO contribution to Strategic Foresight for the future of EU Customs
SAFE Working Group consolidates its futuristic agenda
Continued support by the WCO to the Antigua and Barbuda Customs and Ex-cise on Risk Management
05-11-19 WCO support for Portuguese-speaking countries
06-11-19
The PTC celebrates cooperation with other international organizations and ad-vances key WCO initiatives
Malian Customs demonstrate commitment to fighting corruption and promoting integrity
ROCB - WCA is revamping its structure and work organization following the Competency-Based HRM approach guidelines
Customs in East Africa sit together with competent authorities and private sector to strengthen IPR Border Control
07-11-19 Central African Customs gears up to establish an advance ruling system
08-11-19 WCO contributes to shaping a smarter future for Customs
11-11-19
Paraguay Hosts an International AEO Event
Launch of the SECO-WCO Global Trade Facilitation Programme in Peru
WCO participates in a regional ECOWAS workshop on capacity building of women cross border traders
12-11-19
WCO-Bahamas Customs and Excise Department mark the close out of 18-month Training Programme
The WCO supports Gambia Revenue Authority and stakeholders with the TRS data analysis and report drafting
Implementation of the Strategic Plan 2019-2022: the monitoring tool goes live
13-11-19 9th HRM and Training Managers Meeting of Customs Administrations in the West and Central Africa Region
14-11-19
Modernization programme in Lesotho zooms in on the Harmonized System
WCO supports Nepal with the implementation of the National E Commerce Strategy
18-11-19
WCO Asia/Pacific Sub-regional Workshop for Risk Management Trainers held in India
Customs and Industry discuss the future of non-intrusive inspections
Customs role highlighted at the ADB CAREC Ministerial Conference
Strong presidential support for Customs reform in Uzbekistan
19-11-19 TER for top executives of SUNAT creates positive outlook for the future
20-11-19 Kickoff Meeting of the WCO Working Group on Performance Measurement
Digital solutions connecting Armenia to Georgia and Iran
21-11-19 Uzbekistan Customs Welcomes the Global Trade Facilitation Programme
Serbia Customs benefits from WCO Integrity testing workshop
22-11-19
WCO and International Anti-Corruption Academy enhance collaboration on the integrity agenda
National Workshop on WCO TRS in Apia, Samoa - 4 to 8 November 2019
Pakistan GTAS Implementation
WCO visits WTO to consolidate collaboration on e-commerce
25-11-19
WCO Participates in the UNODC Implementation Review Group and the Work-ing Group on the Prevention of Corruption in Vienna
State Revenue Committee of Armenia continues to enhance its Integrity devel-opment strategy
WCO Support for enhancing the Single Window Environment in Zambia
26-11-19
National Workshop on the Harmonized System in Ethiopia
WCO supports Burundi to improve safety and security through PGS
Strategic Trade Control Enforcement (STCE) Train the trainer workshop in Washington, DC
The Revised Kyoto Convention Management Committee (RKC/MC) holds its 21st Meeting on 18 – 20 November 2019
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Date Title
28-11-19
Over 5 million US dollars seized in global operation targeting cash smuggling
Asia Pacific Members gathered to discuss the regional priorities and the way forward
Asia Pacific Members gathered to discuss the regional priorities and the way forward
29-11-19 Renewed focus on tariff-related work in Sao Tome and Principe
Other International Matters
REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP (RCEP)
On 4 November 2019, the Heads of State/Government of the Member States
of the Association of Southeast Asian Nations (ASEAN) and Australia, China,
India, Japan, Korea, and New Zealand, met in Bangkok for the Third RCEP
Summit. In a joint statement it was announced that 15 of the 16 RCEP Partici-
pating Countries have concluded text-based negotiations for all 20 chapters
and essentially all their market access issues; and tasked legal scrubbing by
them to commence for signing in 2020.
India has significant outstanding issues, which remain unresolved. All RCEP
Participating Countries will work together to resolve these outstanding issues
in a mutually satisfactory way. India’s final decision will depend on satisfactory
resolution of these issues.
The 20 Chapters are: 1) Initial Provisions and General Definitions; 2) Trade in
Goods; 3) Rules of Origin, including Annex on Product Specific Rules; 4) Cus-
toms Procedures and Trade Facilitation; 5) Sanitary and Phytosanitary
Measures; 6) Standards, Technical Regulations and Conformity Assessment
Procedures; 7) Trade Remedies; 8) Trade in Services, including Annexes on
Financial Services, Telecommunication Services, and Professional Services;
9) Movement of Natural Persons; 10) Investment; 11) Intellectual Property; 12)
Electronic Commerce; 13) Competition; 14) Small and Medium Enterprises;
15) Economic and Technical Cooperation; 16) Government Procurement; 17)
General Provisions and Exceptions; 18) Institutional Provisions; 19) Dispute
Settlement; and 20) Final Provisions.
The ASEAN nations are: Brunei Darussalam, Cambodia, Indonesia, Lao PDR,
Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.
CITES Notification to Parties
The Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) has issued the following notifications to the parties:
Date Title
01-11-19 2019/061 Totoaba (Totoaba Macdonaldi) – Implementation of Decision 18.292
11-11-19 2019/062 Membership of Standing Committee intersessional working groups
13-11-19 2019/063 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes
14-11-19 2019/064 China – Change to China's CITES permits and certificates
19-11-19 2019/065 Universal tagging system for the identification of crocodilian skins – Implementation of Resolution Conf. 11.12 (Rev. CoP15)
21-11-19 2019/066 El Salvador – New portal for CITES permits and certificates
26-11-19 2019/067 Results of the 18th meeting of the Conference of the Parties (CoP18)
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Date Title
2019/068 Registration of scientific institutions
2019/069 Personal and household effects
29-11-19 2019/070 Non-binding guidance for determining whether a proposed recipient of a living specimen is suitably equipped to house and care for it
FAS GAIN Reports
Below is a partial list of Global Agriculture Information Network (GAIN) reports
that were recently issued by the US Foreign Agriculture Service (FAS) in the
Food and Agricultural Import Regulations and Standards (FAIRS) and Ex-
porter Guide series as well as other reports related to import or export require-
ments. These provide valuable information on regulatory standards, import re-
quirements, export guides, and MRL (maximum residue limits). Information
about, and access to, other GAIN reports may be found at the FAS GAIN re-
ports website.
Country GAIN Report
Australia Exporter Guide
Canada Requirements for Romaine Lettuce and Salad Mixes
Hong Kong SAR Hong Kong Suspends Romaine Lettuce Products from Salinas of Califor-nia
Jamaica Exporter Guide
Japan Proposed Amendments to the Food Sanitation Act Concerning Utensils Containers and Packaging
Japan Translates Amended Japanese Agricultural Standards Act
Japan Proposes to Enforce Phytosanitary Certificate Requirement for Certain Agricultural Imports
Japan Proposes Amendments to its Phytosanitary Certificate Requirements
Thailand Update on the Ban on Three Active Ingredients
U.A.E. Imposes 50 percent Excise Tax on Sweetened
The Americas - Central America
EL SALVADOR
Documents
Date Series and № Subject
06-11-19 № DGA 018-2019
On the administrative provisions for the application of the extended accumulation of origin within the framework of the association agreement with the European Union and Central America (ADA EU-CA)
PANAMA
Official Gazette
The following documents of interest to international traders (other than food
safety standards) were published in the Gaceta Oficial – Digital (Official Ga-
zette – Digital) during the period of coverage:
Publication Date
Title
01-11-19 Law No. 105 (31-10-19) By Which the Free Trade Agreement is Approved Be-tween the State of Israel and the Republic of Panama [273 pp]
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Publication Date
Title
20-11-19 Commerce & Industries Res. № 006 (18-11-19) Imposition of a special agri-cultural safeguard is under the Commercial Promotion Treaty Between Pan-ama and the United States of America on certain imports of bovine meat.
22-11-19
Commerce & Industries Res. № 114 (28-10-19) Publication of Agreement No. 03-2019 (Comieco-Ex) Approved by the Council of Ministers of Economic Integration on August 28, 2019.
Commerce & Industries Res. № 115 (28-10-19) Publication of Resolution No. 412-2019 (Comieco-Ex) Approved by the Council of Ministers of Eco-nomic Integration on August 28, 2019.
Commerce & Industries Res. № 116 (28-10-19) Publication of Resolution No. 413-2019 (Comieco-Ex) Approved by the Council of Ministers of Eco-nomic Integration on August 28, 2019.
Commerce & Industries Res. № 117 (28-10-19) publication of Resolution No. 414-2019 (Comieco-Ex) Approved by the Council of Ministers of Eco-nomic Integration o August 28, 2019.
The Americas - North America
CANADA
CBSA advance rulings
The Canada Border Services Agency (CBSA) has enhanced the Advance Rul-
ing (Tariff Classification and Origin) and National Customs Ruling programs by
publishing ruling letters in their entirety, with the applicant's consent, on the
CBSA Web site.
See separate section below for the advance rulings posted by the CBSA.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Cus-
toms Notices (CNs) and other publications issued, revised or cancelled during
the past month.
Date Reference Title
11-01-19 D19-7-2
(Revised) - Requirements Concerning the Importation and Expor-tation of Ozone-depleting Substances and Halocarbon Alterna-tives and certain Products Containing or Designed to Contain these Substances
11-19-19 D3-1-1 (Revised) - Policy Respecting the Importation and Transportation of Goods
11-25-19 CN 19-22 Canadian Automated Export Declaration (CAED) Program 2020 Software Release and New Canadian Export Reporting System (CERS)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
MEXICO
Diario Oficial
The following documents of interest to international traders were published in
the Diario Oficial de la Federacion: Note: With regard to standards, only those
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which appear to apply to international trade are listed. (An unofficial English
translation is shown.)
Publication Date
Title
11-01-19
HACIENDA: Resolution amending the various provisions of the General Rules regarding the application of the customs provisions of the Free Trade Agree-ment between the United Mexican States and the Oriental Republic of Uru-guay and its Annexes 1 and 2.
11-06-19 ECONOMY: Decree that modifies the Tariff of the Law on General Import and Export Taxes and the Decree establishing the general import tax for the bor-der region and the northern border strip .
11-15-19 ECONOMY: Acuerdo announcing Decision No. 102 of the Administrative Com-mission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on October 14, 2019
11-19-19
Decree which repeals the various Declarations of the Special Economic Zones of Puerto Chiapas, Coatzacoalcos, Lázaro Cárdenas-La Unión, Progreso, Sa-lina Cruz, Campeche and Tabasco published on September 29 and December 19 , both of 2017, and April 18, 2018.
11-22-19
HACIENDA: Second Resolution of Modifications to the General Rules of Foreign Trade for 2019 and its annexes 1, 1- A, 19 and 22.
ECONOMY: Acuerdo that modifies the diverse one by which the Ministry of Economy issues rules and criteria of a general nature in matters of Foreign Trade.
11-25-19 HACIENDA: Call for certification regarding the prevention of operations with re-sources of illicit origin and terrorist financing.
11-29-19
Promulgatory Decree of the Agreement between the United Mexican States and the European Union amending Annex III of Decision 2/2000 of the EC-Mexico Joint Council of March 23, 2000, concluded by exchange of letters dated in the cities of Brussels and Mexico, the eighteenth of September of two thousand seventeen.
Hacienda: Fourth Resolution of amendments to the Resolution on customs matters of Decision 2/2000 of the Joint Council of the Interim Agreement on Trade and Trade-Related Issues between the United Mexican States and the European Community and its annexes 1 and 2 .
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
UNITED STATES [NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL
RULE OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM
RULE OR ORDER, TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COM-
MENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COM-
MENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE
GENERALLY NOT LISTED.]
Presidential documents
During the past month, President Trump signed the following documents that
relate to international trade or travel, regulatory reform, national security, law
enforcement or related activities:
Date Subject
11-01-19 Notice of October 31, 2019 Continuation of the National Emergency With Re-spect to Sudan
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Date Subject
11-04-19
Presidential Determination No. 2020–02 of October 18, 2019 - Presidential De-termination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons
Presidential Determination No. 2020–01 of October 18, 2019 - Presidential De-termination and Certification With Respect to the Child Soldiers Prevention Act of 2008
11-07-19 Presidential Determination 2020-03 Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012
11-13-19
Notice of November 12, 2019 - Continuation of the National Emergency With Respect to Iran
Notice of November 12, 2019 - Continuation of the National Emergency With Respect to the Proliferation of Weapons of Mass Destruction
11-20-19 Notice of November 19, 2019 - Continuation of the National Emergency With Respect to Burundi
11-22-19 Memorandum of November 19, 2019 - Ocean Mapping of the United States Ex-clusive Economic Zone and the Shoreline and Nearshore of Alaska
11-26-19 Notice of November 25, 2019 - Continuation of the National Emergency With Respect to the Situation in Nicaragua
President Trump signs Hong Kong Sanctions legislation into law
On November 27, 2019, President Trump signed two bills into law that in-
crease US sanctions and export control restrictions as they relate to
China. The bills, approved in response to recent political protests in Hong
Kong, had near unanimous support from the US Congress. President Trump
previously expressed concerns about the legislation while in the midst of ne-
gotiating a trade deal with China but ultimately signed both bills in the hopes
that the “Leaders and Representatives of China and Hong Kong will be able to
amicably settle their differences leading to long term peace and prosperity for
all.”
S. 1838, the Hong Kong Human Rights and Democracy Act of 2019
S. 1838, the “Hong Kong Human Rights and Democracy Act“ requires the
President to impose sanctions on non-US persons determined to be responsi-
ble for committing acts that violate internationally recognized human rights in
Hong Kong or the extrajudicial rendition, arbitrary detention, or torture of any
person in Hong Kong. The sanctions required to be imposed on such persons
include asset blocking (or designation on the List of Specially Designated Na-
tionals and Blocked Persons (“SDN List”)) and restrictions on admissibility into
the United States.
S. 1838 provides that the civil and criminal penalties authorized under the In-
ternational Emergency Economic Powers Act (“IEEPA”) shall apply to viola-
tions of S. 1838. See our blog post on the current maximum civil monetary
penalties under IEEPA and other US sanctions authorities here.
S. 1838 also requires the submission of annual reports to Congress by the
Commerce, State, and Treasury Departments on violations of US export con-
trols and sanctions laws taking place in Hong Kong, including:
Identification of items reexported from Hong Kong in violation of US export controls and sanctions laws;
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Assessment of whether certain sensitive dual-use items subject to US export controls laws are being transshipped through Hong Kong and being used to develop certain surveillance technologies;
Assessment of whether China is using Hong Kong’s status as a separate cus-toms territory to import items into China in violation of US export controls, which will inform whether Hong Kong’s Most Favored Nation status protecting the city from tariffs imposed on China should be renewed;
Assessment of whether UN sanctions are being adequately enforced in Hong Kong; and
A description of the types of goods and services transshipped or reexported through Hong Kong in violation of UN sanctions targeting North Korea and Iran or relating to international terrorism, narcotics trafficking, or the prolifera-tion of weapons of mass destruction or that otherwise present a threat to the national security, foreign policy, or economy of the United States.
Finally, the bill includes a “sense of Congress” provision, which while not bind-
ing on the Administration, suggests the US Department of Commerce should
consider “appropriate adjustments” to US export controls with respect to Hong
Kong to “prevent the supply of crowd control and surveillance equipment that
could be used inappropriately in Hong Kong.”
S. 2710, To Prohibit the Commercial Export of Covered Munitions Items to the
Hong Kong Police Force
Separately, S. 2710 prohibits the issuance of licenses to export certain cov-
ered munitions items to the Hong Kong Police. The covered munitions items
include: tear gas, pepper spray, rubber bullets, foam rounds, bean bag
rounds, pepper balls, water cannons, handcuffs, shackles, stun guns, and
tasers.
The authors, Kerry B. Contini, Inessa Owens, Laura Klick and Maleena Paal,
thank Bruce Linskens for his contributions to this article.
Three Judge panel of the CIT strikes blow to President’s power to impose tariffs under Section 232
On November 15, 2019, in Transpacific Steel LLC v. United States (Slip Op.
19-142), a three judge panel of the US Court of International Trade (CIT),
based upon the facts alleged, found that Transpacific Steel LLC’s (“Plaintiff”)
arguments that the President failed to follow the procedure set forth in the
statute and, further, that singling out importers from Turkey violated the equal
protection guarantees under the US Constitution, support its claim for a refund
and defeat Defendants’ motion to dismiss. The CIT denied the United States’
motion to dismiss the case for failure to state a claim for which relief may be
granted. The Plaintiff sought a refund of the difference between the 50 per-
cent tariff imposed on certain steel products (“steel articles”) from Turkey, pur-
suant to Presidential Proclamation 9772, issued on August 10, 2018, and the
25 percent tariff imposed on steel articles from certain other countries.
The Government contended that the President retains the power to modify
any action taken under section 232, without conducting a new investigation or
following the procedures set forth in the statute, and seems to have envi-
sioned the Secretary of Commerce’s January 11 Report as empowering him to
take ongoing action. The CIT said that “The President’s expansive view of his
power under section 232 is mistaken, and at odds with the language of the
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statute, its legislative history, and its purpose.” The CIT said that the Supreme
Court has made clear that section 232 avoids running afoul of the non-delega-
tion doctrine because it establishes “clear preconditions to Presidential ac-
tion.” The 1988 amendments now impose a 90-day limit for the President to
act against imports that threaten the national security. The CIT also found that
the Government’s rationale for singling out Turkey did not explain what differ-
entiates Turkey from other similarly situated countries—for the President to
target alone. Judge Katzmann concurred with the other two judges but said
that although the question before the court was whether the statute was fol-
lowed, a more important question – perhaps for a later stage in the case- is
whether the statute is constitutional.
[NOTE: This case may affect the President's ability to impose Sec. 232 tariffs
on automotive products as the deadlines have passed without action.]
BREAKING NEWS: USTR proposes tariffs on $2.4 billion in re-sponse to France’s digital services tax
On December 2, 2019, the US Trade Representative (USTR) published a re-
port concluding France’s Digital Services Tax (DST) “discriminates” against
and is “unusually burdensome” for US companies, and published a Federal
Register note setting out proposed tariffs as high as 100 percent on $2.4 bil-
lion in French imports into the United States. USTR will conduct hearings in
January on its proposed actions. In making his announcement, Ambassador
Lighthizer also noted that “USTR is exploring whether to initiate similar investi-
gations into the digital services taxes of Austria, Italy, and Turkey.
USTR initiated in July 2019 its investigation of France’s Digital Services Tax
DST under section 301(b)(1)(A) of the Trade Act of 1974 (the Trade Act) and
concluded that discriminates against US companies. The DST was signed into
law by President Macron on July 24, 2019 and imposes a 3 percent levy on
revenues that certain companies generate from providing certain digital ser-
vices to, or aimed at, persons in France. In its report, USTR found:
“France’s [DST] discriminates against U.S. companies, is inconsistent with prevail-
ing principles of international tax policy, and is unusually burdensome for affected
U.S. companies. Specifically, USTR’s investigation found that the French DST dis-
criminates against U.S. digital companies, such as Google, Apple, Facebook, and
Amazon.”
USTR stated that the French DST is inconsistent with prevailing tax principles
on account of its retroactivity to January 1, 2019, its application to revenue ra-
ther than income, its extraterritorial application (the DST applies to revenues
unconnected to a physical presence in France) and its purpose of penalizing
particular US technology companies (since smaller companies, that are more
likely to be locally based, are exempt).
The United States has also criticized the impact of the French DST on interna-
tional negotiations occurring at the Organisation for Economic Co-operation
and Development (OECD). Those negotiations are aimed at developing a con-
sensus approach to corporate income taxation affecting the digital economy.
The United States has argued that France’s law undermines the OECD nego-
tiations.
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In the wake of these findings, USTR is authorized by Section 301 to take all
appropriate and feasible action, including the imposition of duties on the
goods and imposition of fees or restrictions on the services of France. As
noted, USTR is issuing a Federal Register notice soliciting comments from the
public on USTR’s proposed action, which includes additional duties of up to
100 percent on certain French products. The notice also seeks comment on
the option of imposing fees or restrictions on French services. The list of
French products subject to potential duties includes 63 tariff subheadings with
an approximate trade value of $2.4 billion. The value of any US action
through either duties or fees may take into account the level of harm to the US
economy resulting from the DST.
A list of the products proposed by USTR for the additional duties may be
found in the Annex to the Federal Register notice.
USTR requests comments with respect to any issue related to the action to be taken in this investigation. With respect to action in the form of additional du-ties, USTR invites comments regarding:
The specific products to be subject to increased duties, including whether products listed in the Annex should be retained or removed, or whether prod-ucts not currently on the list should be added.
The level of the increase, if any, in the rate of duty.
The level of the burden or restriction on the U.S. economy resulting from the DST.
The appropriate aggregate level of trade to be covered by additional duties.
In commenting on the inclusion or removal of particular products on the list of
products subject to the proposed additional duties, USTR requests that com-
menters address specifically whether imposing increased duties on a particu-
lar product would be practicable or effective to obtain the elimination of
France’s DST, and whether imposing additional duties on a particular product
would cause disproportionate economic harm to U.S. interests, including
small- or medium-size businesses and consumers.
With respect to action in the form of fees or restrictions on services of France, USTR seeks comments on issues such as:
Which services would be covered by a fee or restriction.
If a fee is imposed, the rate (flat or percentage) of the fee, and the basis upon which any fee would be applied.
If a restriction is imposed, the form of such restriction.
Whether imposing fees or restrictions on services of France would be practi-cable or effective to obtain the elimination of France’s acts, policies, and prac-tices.
USTR is inviting public comment on these issues and will be holding a hear-
ing. We are assisting many clients in responding to these proposed tariffs.
If you would like to submit public comments and/or participate in a public hear-
ing to be held on January 7, 2020, we would be pleased to assist.
If you have any questions, please contact one of the authors: Rod Hunter,.
Stuart P. Seidel, John M. Foote, or Eunkyung Kim Shin.
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Baker McKenzie
USTR posts additional exclusions from the $200 Bn. (Tranche 3)of the Chinese Sec. 301 action
On November 29, 2019, the Office of the US Trade Representative (USTR)
published in the Federal Register a notice (which had been posted on its web- site on November 26 as an advance copy) granting exclusions to 32 specially prepared product descriptions, which cover 39 separate requests for exclusion from the $200 billion action.
In accordance with the June 24 notice establishing an exclusion process for Tranche 3 (84 Fed. Reg. 29576), the exclusions are available for any product that meets the description in the Annex to the notice, regardless of whether
the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex, and not by
the product descriptions set out in any particular request for exclusion.
Paragraph A subparagraphs (1) and (2) of the Annex to the notice establishthe HTS subheading 9903.88.35 and a new US note 20(nn) to subchapter III of chapter 99 covering the exclusions.
Paragraph A, subparagraphs (3)–(5) of the Annex to the notice are conform-ing amendments to the HTSUS reflecting the modification made by the An- nex.
Paragraph B, subparagraph (1) is a typographical correction of U.S. note20(ll)(23) to subchapter III of chapter 99 of the HTSUS that modifies the unitof measurement published in the annex to the notice published at 84 Fed.Reg. 57803 (October 28, 2019).
Paragraph B, subparagraphs (2)–(5), make conforming amendments to note20(g) published at 83 FR 47974 (September 21, 2019), note 20(ll) publishedat 84 FR 57803 (October 28, 2019), note 20(mm) published at 84 FR 61674(November 13, 2019), and heading 9903.88.04 of the HTSUS published at 83 FR 47974 (September 21, 2019).
As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 2020. CBP will issue instructions on entry guidance and implementation. USTR will continue to issue determinations on
pending requests on a periodic basis.
USTR issues results of the 2019 annual GSP review
On November 20, 2019, the Office of the US Trade Representative (USTR)
published in the Federal Register a notice [Docket Number USTR–2019–
0001] announcing the results of the 2019 annual Generalized System of Pref- erences (GSP) review with respect to: Products considered for removal from the list of eligible products for certain beneficiary countries; decisions related
to competitive need limitations (CNLs), including petitions for waivers of CNLs;
and requests to reinstate/ redesignate products previously excluded from GSP eligibility for certain countries. Presidential Proclamation 9955 of October 25, 2019, implements the President’s decisions regarding the 2019 annual GSP review, including CNL waivers and product redesignations. These modifica- tions to the GSP program, implemented by Presidential Proclamation 9955, became effective on November 1, 2019. The notice provides a summary of
the results of the 2019 annual GSP review.
List I: the President denied the two petitions to remove Polyethylene Tereph-thalate (PET) resin (HTS 3907.61.00 and HTS 3907.69.00) from GSP eligibil- ity for Pakistan. Qualifying products from Pakistan will continue to enter the United States duty-free.
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List II: the President granted a petition to redesignate freshcut orchids (HTS 0603.13.00) from Thailand to GSP. In addition, the President granted a peti-tion to redesignate bamboo plywood (HTS 4412.10.05) and certain tropical hardwood plywood (HTS 4412.31.4155 (pre-November 1, 2019) and HTS 4412.31.45 (post November 1, 2019)) from Indonesia to GSP. Qualifying products, therefore, now enter the United States duty-free.
List III: one product from North Macedonia exceeded the CNLs, for which no petition was received, and now enters the United States at the NTR duty rate. This product is motor vehicles with diesel engine for 16 or more passengers (HTS 8702.10.31).
List IV: the President granted a petition for a CNL waiver for plastic spectacle lenses (HTS 9001.50.00) from Thailand; qualifying products will continue to enter the United States duty-free. The President denied a petition for a CNL waiver for stearic acid (HTS 3823.11.00) from Indonesia. Therefore, the prod-uct is subject to the NTR duty rate.
List V: the President granted one-year de minimis waivers to 27 products that exceeded the 50- percent import-share CNL but for which the aggregate value of all U.S. imports of that article was below the 2018 de minimis level of $24 million. Qualifying products will continue to enter the United States duty-free
USTR to hold hearing on GSP country practice reviews and des-ignation of Laos
On November 19, 2019, the Office of the US Trade Representative (USTR)
published in the Federal Register a notice announcing a hearing for the Gen-
eralized System of Preferences (GSP) country practice reviews of Azerbaijan,
Ecuador, Georgia, Indonesia, Kazakhstan, Thailand, South Africa, and Uzbek-
istan, and the country designation review of Laos. These reviews will focus on
whether: (1) Azerbaijan, Georgia, Kazakhstan, and Uzbekistan are meeting
the GSP eligibility criterion requiring that a GSP beneficiary country afford
workers in that country internationally recognized worker rights; (2) Ecuador is
meeting the GSP eligibility criterion requiring a GSP beneficiary country to act
in good faith in recognizing as binding or in enforcing applicable arbitral
awards; (3) Indonesia and South Africa are meeting the GSP eligibility crite-
rion requiring adequate and effective protection of intellectual property rights;
(4) Indonesia and Thailand are meeting the GSP eligibility criterion requiring a
GSP beneficiary country to provide equitable and reasonable access to its
markets and basic commodity resources; and (5) Laos meets all of the GSP
eligibility criteria and should be newly designated as a GSP beneficiary coun-
try. [See FR Notice for individual docket numbers and requirements for sub-
missions.]
Dates:
January 17, 2020 at 11:59 p.m. EST: Deadline for submission of comments, pre-hearing briefs, and requests to appear at the January 30, 2020, public hearing.
January 30, 2020: The GSP Subcommittee of the Trade Policy Staff Commit-tee (TPSC) will convene a public hearing on the GSP country practice reviews of Azerbaijan, Ecuador, Georgia, Indonesia, Kazakhstan, Thailand, South Af-rica, and Uzbekistan, and the country designation review of Laos, in Rooms 1 and 2, 1724 F Street NW, Washington, DC 20508, beginning at 10:00 a.m.
February 28, 2020 at 11:59 p.m. EST: Deadline for submission of post-hear-ing briefs.
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USTR publishes additional exclusions from $200 Bn Action (Tranche 3)
On November 13, 2019, USTR published in the Federal Register a notice
(previously posted as an advance copy) that announces USTR’s determina-
tion to grant certain exclusion requests, as specified in the annex to the notice
from the additional duties on goods of China with an annual trade value of ap-
proximately $200 billion (Tranche 3) as part of the action in the Section 301 in-
vestigation of China’s acts, policies, and practices related to technology trans-
fer, intellectual property, and innovation.
Effective September 24, 2018, USTR imposed additional 10 percent duties on
goods of China classified in 5,757 full and partial subheadings of the Harmo-
nized Tariff Schedule of the United States (HTSUS), with an approximate an-
nual trade value of $200 billion. See 83 Fed. Reg. 47974, as modified by 83
Fed. Reg. 49153. In May 2019, USTR increased the additional duty to 25 per-
cent. See 84 Fed. Reg. 20459. On June 24, 2019, USTR established a pro-
cess by which U.S. stakeholders may request exclusion of particular products
classified within an 8-digit HTSUS subheading covered by the $200 billion ac-
tion from the additional duties. See 84 Fed. Reg. 29576 (the June 24 notice).
The June 24 notice required submission of requests for exclusion from the
$200 billion action no later than September 30, 2019, and noted that USTR
would periodically announce decisions. In August 2019, USTR granted an ini-
tial set of exclusion requests. USTR granted additional exclusions in Septem-
ber and October 2019. USTR regularly updates the status of each pending re-
quest on the USTR Exclusions Portal at https://exclusions.ustr.gov/s/Pub-
licDocket.
Based on the evaluation of the factors set out in the June 24 notice, USTR
has determined to grant the product exclusions set out in the Annex to the no-
tice. USTR’s determination also takes into account advice from advisory com-
mittees and any public comments on the pertinent exclusion requests.
As set out in the Annex, the exclusions are reflected in 2 ten-digit HTSUS sub-
headings and 34 specially prepared product descriptions, which cover 42 sep-
arate exclusion requests.
In accordance with the June 24 notice, the exclusions are available for any
product that meets the description in the Annex, regardless of whether the im-
porter filed an exclusion request. Further, the scope of each exclusion is gov-
erned by the scope of the product descriptions in the Annex, and not by the
product descriptions set out in any particular request for exclusion.
Paragraph A, subparagraphs 1 and 2 establish a new subheading, 9903.88.34 and a new US note 20(mm) to subchapter III of chapter 99 to cover the products granted exclusions;
Paragraph A, subparagraphs 3–5 are conforming amendments to the HTSUS reflecting the modification made by the Annex. As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 2020.
U.S. Customs and Border Protection will issue instructions on entry guidance
and implementation.
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USTR will continue to issue determinations on pending requests on a periodic
basis.
USTR seeks comments on its OMB request to approve three year renewal of the collection entitled 301 Exclusion Requests
On November 1, 2019, the Office of the USTR published in the Federal Regis-
ter a notice and request for comments [OMB Control Number: 0350–0015]
with respect to its submission of a request to the Office of Management and
Budget (OMB) to renew approval for three years of an existing information col-
lection request (ICR) titled 301 Exclusion Requests under the Paperwork Re-
duction Act of 1995 (PRA) and its implementing regulations.
USTR is revising the ICR after considering three comments and USTR’s expe-
rience to date in administering the exclusion process. USTR added a new
question (question 3) that asks if the product is subject to an antidumping or
countervailing duty order issued by the US Department of Commerce. USTR
also added additional clarifying language to question 4, indicating that reques-
tors, if necessary, may provide a range of unit values when describing the
product at issue. In addition, USTR updates the 301 portal to reduce the bur-
den on submitters and currently is working to improve the user experience by
increasing the character limit for certain fields to allow requestors additional
space for their comments.
USTR also has created a condensed version of the ICR—the Exclusion Exten-
sion Comment Form (Annex B)— that interested parties will use to comment
on whether to extend particular exclusions granted in December 2018. The
condensed ICR reduces the number of data points in the 301 Exclusion Re-
quest/Response/Reply Form (Annex A). The condensed ICR is comprised of
Part A, which collects information that USTR will post for public inspection via
regulations.gov, and Part B, which collects business confidential information
(BCI) via email and will not be publicly available.
The revised ICR is included as Annex A to the notice. The condensed ICR for
exclusion extension comments is included as Annex B. Comments must be
submitted no later than December 2, 2019.
ITC investigations
The ITC initiated (I), terminated (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 safe-
guards) this month: (Click on the investigation title to obtain details from the
Federal Register notice or ITC Press Release)
Investigation. No. and title
Inv. No. 332–345 - Recent Trends in U.S. Services Trade, 2020 Annual Report (N/RFI)
Commerce proposes rules re: securing the information and com-munications technology and services supply chain; Comments due on or before December 27
On November 26, 2019, the US Department of Commerce (Commerce) is-
sued a highly anticipated proposed rule with proposed regulations (“Proposed
Regulations”) to implement Executive Order 13873, “Securing the Information
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and Communications Technology and Services Supply Chain” (Executive Or-
der 13873).
Executive Order 13873 gives the Secretary of Commerce (“Secretary”) sweep-
ing, unprecedented authority to prevent or modify transactions involving infor-
mation and communications technology and services (“ICTS”) originating in
countries designated as “foreign adversaries” which pose an undue risk to crit-
ical infrastructure or the digital economy in the United States, or an unac-
ceptable risk to US national security or the safety of United States per-
sons. All industries are potentially affected by the Proposed Regulations,
whether directly or indirectly, which allow for case-by-case reviews of transac-
tions at the Secretary’s discretion. Any transaction that is ongoing as of, or
was initiated on or after, May 15, 2019, can be reviewed and there is no
mechanism by which a company may seek to clear transactions in advance.
To see a summary of the background and the Proposed Regulations please
see the rest of this article here.
If you wish to submit a comment to Commerce or have any questions, please
contact any member of our Outbound Trade Compliance team. Comments
must be submitted to Commerce on or before December 27, 2019.
The authors, Nicholas F. Coward, Paul E. Amberg and Eunkyung Kim Shin
acknowledge the assistance of Iris Zhang in the preparation of this article.
CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES
Tunisia requests cultural property protection
On November 26, 2019, the Department of State published in the Federal
Register a notice of receipt of request from Tunisia for cultural property protec-
tion [Public Notice: 10957] under Article 9 of the 1970 Convention on the
Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property. Tunisia’s request seeks US import restrictions
on archaeological and ethnological material representing Tunisia’s cultural
patrimony. The notification of the request is published pursuant to the author-
ity vested in the Assistant Secretary of State for Educational and Cultural Af-
fairs, and pursuant to 19 U.S.C. 2602(f)(1). A public summary of Tunisia’s re-
quest and information about US implementation of the 1970 Convention will
be available at the Cultural Heritage Center web-site: https://eca.state.gov/cul-
tural-heritage-center .
CBP publishes notice on customs broker user fee payment for 2020
On November 27, 2019, US Customs and Border Protection (CBP) published
in the Federal Register a document that provides notice to customs brokers
that the annual user fee that is assessed for each permit held by a broker,
whether it may be an individual, partnership, association, or corporation, is
due by January 31, 2020. Pursuant to fee adjustments required by the Fixing
America’s Surface Transportation Act (FAST ACT) and CBP regulations, the
annual user fee payable for calendar year 2020 will be $147.89. Payment of
the 2020 Customs Broker User Fee is due by January 31, 2020.
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CBP proposes to limit CIT and CAFC decisions in wrench case
On November 20, 2019, US Customs and Border Protection (CBP) published
in the Customs Bulletin and Decisions a proposal to limit, pursuant to 19
U.S.C. §1625(d) and 19 C.F.R. §177.10(d), the application of the decisions of
the Court of Appeals for the Federal Circuit and the Court of International
Trade (“CIT”) in the case of Irwin Industrial Tool Company v. United States,
222 F. Supp. 3d 1210 (CIT 2017) (“Irwin I”), motion for reconsideration denied
in 269 F. Supp. 3d 1294 (2017) (“Irwin II”), affirmed in 920 F. 3d 1356 (Fed.
Cir. 2019), to the entries before the courts in that litigation (“Irwin III”) and to
locking pliers identical in all material respects to the merchandise in those en-
tries before the Court.
In all other cases, CBP will continue to define a wrench as a tool with a special
ability to fixedly grasp an object and allow the user to exert a twisting or
wrenching force. A wrench usually contains fixed and adapted jaws or sockets
or adjustable jaws, one of which is fixed at the end of a lever for holding or
turning a bolt, pipe, or other object. A wrench may have a second handle or
lever which serves to lock and release the moveable jaw. Once locked, no
force is needed to compress the handles. In the case of a chain pipe wrench
or oil wrench, no jaws are necessary. Before making this decision final, con-
sideration will be given to any written comments timely received on this matter
before December 20, 2019.
Irwin involved the classification of several styles of hand tools, including
straight jaw locking pliers, large jaw locking pliers, curved jaw locking pliers
with and without wire cutters, and long nose locking pliers with wire cutters.
Based on the function they perform and the manner in which they operate,
CBP classified these tools as “wrenches” under heading 8204 of the Harmo-
nized Tariff Schedule of the United States (“HTSUS”), and denied each of Ir-
win Tool Company’s (“Irwin”) protests to classify them as “pliers” under head-
ing 8203, HTUS. Irwin then filed suit in the CIT, challenging CBP’s classifica-
tion of the merchandise. The CIT denied CBP’s motion for summary judgment
that the tools are properly classified as wrenches under heading 8204,
HTSUS, and granted Irwin’s motion for summary judgment that the tools are
properly classified as pliers under heading 8203, HTSUS.
For the reasons set forth in the Customs Bulletin and Decisions notice, CBP
believes that the definition applied by the court unduly limits the scope of the
term wrench and precludes articles that function as wrenches and are com-
monly and commercially known as wrenches from classification as wrenches.
COAC to hold quarterly meeting
On November 12, 2019, US Customs and Border Protection (CBP) published
in the Federal Register a notice [Docket No. USCBP-2019-0042] that the
Commercial Customs Operations Advisory Committee (COAC) will hold its
quarterly meeting on Wednesday, December 4, 2019, at the Ronald Reagan
Building in Washington, D.C. The meeting will be open to the public to attend
either in person or via webinar.
Agenda: The COAC will hear from the current subcommittees on the topics listed
below and then will review, deliberate, provide observations, and formulate recom-mendations on how to proceed:
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1. The Next Generation Facilitation Subcommittee will provide an update on
the One U.S. Government Working Group’s progress and an overview of the re-cent two-day meeting, during which the working group discussed the Global Busi-ness Identifier and working group priorities. There will be a subcommittee update on the progress of the Unified Entry Processes Working Group’s development of an operational framework and the mapping of 5 deficiencies in the current entry process. The subcommittee will discuss progress on the Emerging Technologies Working Group’s various initiatives, including the recent completion of the Intellec-tual Property Rights Blockchain Proof of Concept testing and follow-up assess-ment. Finally, the subcommittee will provide an update on the efforts of the E-Commerce Working Group’s projects and pilots.
2. The Secure Trade Lanes Subcommittee will provide updates on the Trusted
Trader Working Group’s activities. They will also provide an analysis of the In-Bond processes with a view to areas that are being developed for greater effi-ciency. The newly launched Export Modernization Working Group will provide up-dates regarding categorizing issues with export handling and identification of ex-port data elements and opportunities for export process efficiencies. The Export Modernization Working Group may also submit recommendations for COAC’s con-sideration. The subcommittee will report on the planned scope of work to be ad-dressed by the newly formed Remote and Autonomous Cargo Processing Working Group.
3. The Rapid Response Subcommittee will provide an update regarding the
newly formed Broker Continuing Education Taskforce and their goal to evaluate a continuing education framework for licensed customs brokers.
4. The Intelligent Enforcement Subcommittee will discuss their progress and
activities, and they may also submit recommendations from the working groups under their jurisdiction for COAC’s consideration. There will be updates from the following: the recently launched Intellectual Property Rights Working Group, which encompasses the visions of the 21st Century Customs Framework; the Anti-Dumping and Countervailing Duties (AD/CVD) Working Group (reporting on its ef-forts to discuss the AD/CVD Redesign and Date of Duty 6 Calculation); the Bond Working Group (reporting on risk-based bonding and bond sufficiency); and, the Forced Labor Working Group, which was previously on hiatus (reporting on new topics).
Meeting materials will be available by December 2, 2019, at the COAC webpage here.
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 labora-
tories reflects different locations and/or products.]
F.R. Date Subject
11-05-19
Approval of SGS North America, Inc. (Freeport, TX), as a Commercial Gauger (N)
Approval of Intertek USA, Inc. (Valdez, AK) as a Commercial Gauger (N)
Accreditation and Approval of Inspectorate America Corporation (Beaumont, TX) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Saybolt LP (Houston, TX) as a Commercial Gauger and Laboratory (N)
Approval of SGS North America, Inc. (Sulphur, LA), as a Commercial Gauger (N)
Accreditation and Approval of Inspectorate America Corporation (Peñuelas, PR) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Inspectorate America Corporation (St. Croix, USVI) as a Commercial Gauger and Laboratory (N)
Approval of Intertek USA, Inc (Freeport, TX) as a Commercial Gauger (N)
Approval of Intertek USA, Inc. (Tampa, FL) as a Commercial Gauger (N)
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F.R. Date Subject
Accreditation and Approval of Camin Cargo Control, Inc. (Gonzales, LA) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of AmSpec LLC (Tampa, FL) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of SGS North America, Inc. (Seabrook, TX), as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Intertek USA, Inc. (Chickasaw, AL) as a Commer-cial Gauger and Laboratory (N)
Accreditation and Approval of Camin Cargo Control, Inc. (Nederland, TX), as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Camin Cargo Control, Inc. (Kenner, LA), as a Commercial Gauger and Laboratory (N)
11-19-19 Agency Information Collection Activities: Lien Notice [OMB Control No. 1651-0012] (N) [CBP Form 3485]
11-25-19 Agency Information Collection Activities: Application To Pay Off or Discharge an Alien Crewman [OMB Control No.: 1651-0106] (N) [Form I–408]
11-27-19
Agency Information Collection Activities: Declaration of Owner and Declaration of Consignee When Entry is made by an Agent [OMB Control No.: 1651-0093] (N) [CBP Forms 3347 and 3347A]
Approval of AmSpec LLC (La Porte, TX), as a Commercial Gauger (N)
Detention Orders (Withhold Release Orders)
When information reasonably but not conclusively indicates that merchandise
within the purview of 19 U.S.C. §1307 (forced or convict labor) is being im-
ported, the Commissioner of U.S. Customs and Border Protection (CBP) may
issue withhold release orders pursuant to 19 C.F.R. § 12.42(e). The following
withhold release orders were issued by the Commissioner during the period of
coverage of this Update.
Date Country Merchandise and Manufacturer(s)
11-01-19 Malawi Tobacco produced in Malawi and products containing tobacco pro-duced in Malawi
CBP issues guidance for Section 301 ($200Bn) Tranche 3 third and 4th rounds of product exclusions from China
On November 20, 2019, CBP issued CSMS #40710742 - GUIDANCE: Section
301 $200B – Tranche 3 Fourth Round of Product Exclusions from China,
which is reproduced below:
BACKGROUND
On November 13, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 61674 announcing the decision to grant the fourth round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action - Tranche 3).
These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 bil-lion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innova-tion. The product exclusions announced in this notice will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.
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The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 61674, regardless of whether the im-porter filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descrip-tions set out in any particular request for exclusion. For ease of reference, a link to the entire Federal Register Notice is embedded in this message.
The functionality for the acceptance of the fourth round of products of China ex-cluded from Section 301 duties will be available in the Automated Commercial En-vironment (ACE) as of Noon, November 14, 2019.
GUIDANCE
Instructions for importers, brokers and filers on submitting entries to CBP contain-ing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 61674 are as follow:
In addition to reporting the regular Chapters 39, 42, 44, 48, 50, 54, 60, 73, 82, 83, 84, 85, 87, 90, and 94 classifications of the HTSUS for the im-ported merchandise, importers shall report the HTSUS classification 9903.88.34 (Articles the product of China, as provided for in U.S. note 20(mm) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the ex-clusion.
Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.34 is submitted.
ADDITIONAL INFORMATION
Duty exclusions granted by the USTR are retroactive for imports on or after the ini-tial effective date of September 24, 2018. To request a refund of Section 301 du-ties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchan-dise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multi-ple HTS when 98 or 99 HTS are Required).
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 Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register no-tices, but instead are subject to the FTZ provisions in 19 CFR part 146.
For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifications are provided as an attachment.
For more information related to the fourth round of products of China excluded from Section 301 duties, please refer to 84 FR 61674, issued November 13, 2019.
Questions from the importing community concerning ACE entry rejections involv-ing product exclusions should be referred to their CBP Client Representa-tive. Questions related to Section 301 entry-filing requirements should be emailed to [email protected].
Related messages: #38840764, #38840764, #39169565, #39268267, #39473933, #39587690, 19-000052, 19-000155, 19-000212, 19-000244, 19-000332
Section 301 Goods of China CSMS Action Summary Table.pdf
On November 8, 2019, CBP issued CSMS #40564257 - GUIDANCE: Section
301 $200B-Tranche 3 Third Round of Product Exclusions from China, which is
reproduced below:
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BACKGROUND
On October 28, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 57803 announcing the decision to grant the third round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action - Tranche 3).
These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 bil-lion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innova-tion. The product exclusions announced in this notice will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.
The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 57803, regardless of whether the im-porter filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descrip-tions set out in any particular request for exclusion.
The functionality for the acceptance of the third round of products of China ex-cluded from Section 301 duties will be available in the Automated Commercial En-vironment (ACE) as of 12 pm (Noon) Eastern Standard Time, November 7, 2019.
GUIDANCE
Instructions for importers, brokers and filers on submitting entries to CBP contain-ing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 57803 are as follow:
In addition to reporting the regular Chapters 29, 32, 37, 39, 40, 48, 51, 54, 56, 58, 59, 60, 68, 70, 73, 74, 75, 76, 82, 83, 84, 85, 87, 90, and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.33 (Articles the product of China, as provided for in U.S. note 20(II) to this subchapter, each cov-ered by an exclusion granted by the U.S. Trade Representative) for im-ported merchandise subject to the exclusion.
Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.33 is submitted.
ADDITIONAL GUIDANCE FOR APPLYING SEC 301 DUTY TO SETS (Annex B)
Annex B to 84 FR 49591 published September 20, 2019 identifies specific HTS numbers described as General Rules of Interpretation (GRI) 1 sets provision. Part A applies to those sets in the Tranche 3 (9903.88.03 or 9903.88.09) list and Part B applies to those sets in the Tranche 4 (9903.88.15) list. The intent is to apply sec-tion 301 duties only once on products of a set provision.
The reference to “sets” in 84 FR 49591 pertains to so-called “GRI 1 sets”, which are provisions in the HTSUS that identify a specific type of “set” (e.g. tool sets of heading 8206). The General Column 1 duty rate of those “sets” is typically the highest duty rate of all of the individual components that make up the set (i.e. does the “hand saw” of subheading 8202.10 have a higher or lower duty rate than the “band saw” of subheading 8202.20?). Previously, if a component of a set was on its own subject to the China 301 remedy by virtue of being included, for example, under “List 1”, then that component would have the highest duty rate, and there-fore subject to entire “set” to the section 301 duties.
However, when the entire “set” provision (e.g. heading 8206) was included in a subsequent “List” of provisions subjected to the increased duties, that resulted in a cumulative imposition of the section 301 duties (i.e. the duty rate from the afore-mentioned component subjected to the China 301 remedy under “List 1” plus the increased duty imposed on the overall set by virtue of its inclusion in the subse-quent “List”). The effect of 84 FR 49591 is to stop this cumulative imposition of the
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section 301 duties such that they apply only once to products imported under the set provisions designated in the notice.
If the component(s) is not subject to section 301 duties then the HTS# associated with the set will have the applicable duty rate applied as per the procedures out-lined with the respective Tranche.
If the set and the component(s) are subject to Section 301 duties, use the guid-ance below. Section 301 duties are to be applied on the component with the high-est duty rate.
If the component HTS# is covered under Tranche 1 (9903.88.01), then transmit 9903.88.21. (Only the Tranche 1 duty rate will apply to the com-ponent and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 2 (9903.88.02), then transmit 9903.88.22. (Only the Tranche 2 duty rate will apply to the com-ponent and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 3 (9903.88.03 or 9903.88.09), then transmit 9903.88.23. (Only the Tranche 3 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 4 (9903.88.04), then transmit 9903.88.24. (Only the Tranche 4 duty rate will apply to the com-ponent and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 1 (9903.88.01), then transmit 9903.88.25. (Only the Tranche 1 duty rate will apply to the com-ponent and the set will not be charged the Tranche 4 duty rate.)
If the component HTS# is covered under Tranche 2 (9903.88.02), then transmit 9903.88.26. (Only the Tranche 2 duty rate will apply to the com-ponent and the set will not be charged the Tranche 4 duty rate.)
If the component HTS# is covered under Tranche 3 (9903.88.03 or 9903.88.09), then transmit 9903.88.27. (Only the Tranche 3 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)
If the component HTS# is covered under Tranche 4 (9903.88.04), then transmit 9903.88.28. (Only the Tranche 4 duty rate will apply to the com-ponent and the set will not be charged the Tranche 4 duty rate.)
NOTE:
9903.88.21, 9903.88.22, 9903.88.23 and 9903.88.24 are valid as of the effective date for Tranche 3, September 24, 2018.
9903.88.25, 9903.88.26, 9903.88.27 and 9903.88.28 are valid as of the effective date for Tranche 4, September 1, 2019.
ADDITIONAL INFORMATION
Duty exclusions granted by the USTR are retroactive for imports on or after the ini-tial effective date of September 24, 2018. To request a refund of Section 301 du-ties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchan-dise, see CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are Required).
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
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the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register no-tices, but instead are subject to the FTZ provisions in 19 CFR part 146.
For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifications are provided below:
NOTE: All exclusions apply beginning the effective date of the Tranche and extend for one year after the publication of the FRN granting the exclusion, except 9903.88.18 and 9903.88.33 which applies beginning 9/24/18 and ends 8/7/2020.
SUMMARY OF SECTION 301 DUTIES ON PRODUCTS OF CHINA – Additional Duties Assessed
Action Tranche
Federal Register Notice
Publica-tion Date
Effective Date HTS Duty CSMS
$34B Action Tranche 1 83 FR 28710 6/20/2018 7/6/2018 9903.88.01 +25% 18-000409
$16B Action Tranche 2 83 FR 40823 8/16/2018 8/23/2018 9903.88.02 + 25% 18-000493
$200B Action Tranche 3 83 FR 47974 9/21/2018 9/24/2018
9903.88.03
+10% 18-000554 9903.88.04
$200B Action Tranche 3 84 FR 20459 5/9/2019 5/10/2019
9903.88.03
+25% 19-000238 9903.88.04
$200B Action
Tranche 3 “On the
Water Pro-vision”
84 FR 21892 5/15/2019 5/10/2019
Thru
6/15/2019
9903.88.09
+ 10%
19-000238
84 FR 26930
(Date Exten-sion)
6/10/2019 19-000274
19-000296
$300B Action
Tranche 4
84 FR 43304
8/20/2019
9/1/2019 9903.88.15
Annex A
+ 10%
39473933
12/15/2019 9903.88.16
Annex C
$300B Action
Tranche 4
84 FR 45821
8/30/2019
9/1/2019 9903.88.15
Annex A
+ 15%
39587690 12/15/2019
9903.88.16
Annex C
suspended
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SUMMARY OF SECTION 301 DUTIES ON PRODUCTS OF CHINA - Product Exclusions Granted
Round Tranche Federal Regis-
ter Notice Publication
Date Effective
Date HTS CSMS
1st
Tranche 1 - $34B
83 FR 67463 12/28/2018 7/6/2018 9903.88.05 19-000052
2nd 84 FR 11152 3/25/2019 7/6/2018 9903.88.06 19-000155
3rd 84 FR 16310 4/18/2019 7/6/2018 9903.88.07 19-000212
4th 84 FR 21389 5/14/2019 7/6/2018 9903.88.08 19-000244
5th 84 FR 25895 6/11/2019 7/6/2018 9903.88.10 19-000332
6th 84 FR 32821 7/9/2019 7/6/2018 9903.88.11 38840764
7th 84 FR 49564 9/20/2019 7/6/2018 9903.88.14 40002982
8th 84 FR 52567 10/2/2019 7/6/2018 9903.88.19 40330403
1st
Tranche 2 - $16B
84 FR 37381 7/31/2019 8/23/2018 9903.88.12 39169565
2nd 84 FR 49600 9/20/2019 8/23/2018 9903.88.17 40001360
3rd 84 FR 52566 10/2/2019 8/23/2018 9903.88.20 40208881
1st
Tranche 3 - $200B
84 FR 38717 8/7/2019 9/24/2018 9903.88.13 39268267
2nd 84 FR 49591 9/20/2019 9/24/2018 9903.88.18 40003027
3rd 84 FR 57803 10/28/2019 9/24/2018 9903.88.33 40564257
Sets included in Tranche 3 or Tranche 4 – if both the set and the component(s) are subject to Section 301 duties the below HTS# will be transmitted with the component which has the highest duty rate; thus applying the Tranche rate specific to the component and not the set.
Sets/Tranche 3
Tranche 1 84 FR 49591 9/20/2019 9/24/2018 9903.88.21 + 25% 40003027
Sets/Tranche 3
Tranche 2 84 FR 49591 9/20/2019 9/24/2018 9903.88.22 + 25% 40003027
Sets/Tranche 3
Tranche 3
84 FR 49591
9/20/2019
9/24/2018
9903.88.23
+ 25%
+ 10%
if “on the water”
40003027
Sets/Tranche 3
Tranche 4 84 FR 49591 9/20/2019 9/24/2018 9903.88.24 + 15% 40003027
Sets/Tranche 4
Tranche 1 84 FR 49591 9/20/2019 9/1/2019 9903.88.25 +25% 40003027
Sets/Tranche 4
Tranche 2 84 FR 49591 9/20/2019 9/1/2019 9903.88.26 + 25% 40003027
Sets/Tranche 4
Tranche 3
84 FR 49591
9/20/2019
9/1/2019
9903.88.27
+ 25%
+10%
if “on the water”
40003027
Sets/Tranche 4
Tranche 4 84 FR 49591 9/20/2019 9/1/2019 9903.88.28 +15% 40003027
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Detention Orders (Withhold Release Orders)
When information reasonably but not conclusively indicates that merchandise
within the purview of 19 U.S.C. §1307 (forced or convict labor) is being im-
ported, the Commissioner of US Customs and Border Protection (CBP) may
issue withhold release orders pursuant to 19 C.F.R. § 12.42(e). The following
withhold release orders were issued by the Commissioner during the period of
coverage of this Update.
Date Merchandise Country & Manufacturer Status
11-01-19 Tobacco Tobacco produced in Malawi and products containing tobacco produced in Malawi
Active
Revocations or modifications of CBP rulings
See separate section below.
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# and Title
11-04-19
CSMS #40504815 - Food and Drug Administration (FDA) Updates to Center for Food Safety and Applied Nutrition (CFSAN) Product Codes
CSMS #40505267 - Food and Drug Administration (FDA) New Center for Drug Evaluation and Research (CDER) Product Code and End-Dating Center for Devices and Radiological Health (CDRH) Product Code
11-05-19 CSMS #40524442 - Food and Drug Administration (FDA) New Center for Veteri-
nary Medicine (CVM) Product Codes and Changes
11-06-19
CSMS #40531423 - Harmonized System Update (HSU) 1918 created on Octo-ber 31, 2019
CSMS #40532300 - Food and Drug Administration (FDA) End-Dating Center for Devices and Radiological Health (CDRH) Product Codes
CSMS #40538274 - Agriculture License Entry Summaries Subject to FRN 54245 Vol 84 No 196 are Not Allocating
11-08-19 CSMS #40564257 - Guidance: Section 301 $200B-Tranche 3 Third Round of
Product Exclusions from China
11-14-19 CSMS #40637910 - Drawback: Revised CBP Form 7553 Posted to CBP.gov
11-15-19
CSMS #40649332 - Food and Drug Administration (FDA) New Center for Drug Evaluation and Research (CDER) Product Codes
CSMS #40651137 - ACE Truck Manifest Enhancements – Information Sheet Now Available
CSMS #40651219 - Broker Management Office (BMO) Functionality Deploy-ment in the Automated Commercial Environment (ACE) – Date Set for December 7, 2019
CSMS #40653527 - New Draft Importer/Bond Query (KI/KR) CATAIR Posted on CBP.GOV
11-18-19
CSMS #40678138 - Update: Issue Searching Antidumping/Countervailing Duty (AD/CVD) Messages to Public Message Website
CSMS #40680738 - Updated ACE Development and Deployment Schedule Posted to CBP.gov/ACE
CSMS #40683630 - New Draft Chapter of Entry Summary Status Notification CATAIR (V17) posted on CBP.GOV
11-19-19 CSMS #40696807 - Updated Drawback Error Dictionary Posted on CBP.GOV
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Date CSMS# and Title
11-20-19
CSMS #40710742 - Guidance: Section 301 $200B – Tranche 3 Fourth Round of Product Exclusions from China
CSMS #40711448 - Issues accessing ACE Accounts Portal in Prod
CSMS #40712644 - RESOLVED - Access to ACE Accounts Portal in Prod
11-21-19
CSMS #40723509 - U.S. Customs and Border Protection (CBP) to Begin In-spections for Tomato Brown Rugose Fruit Virus
CSMS #40726090 - FINAL NOTICE: Retirement of the Current Cisco EzVPN Solution
CSMS #40609121 - U.S. Customs and Border Protection (CBP) UPDATE: Uru-guay Beef Export Certificate Hard Reject Beginning 11/19/2019
11-22-19 CSMS #40743363 - Update to the Office of Marine Conservation (OMC) Imple-
mentation Guide (IG)
11-25-19
CSMS #40770259 - Updated Automated Broker Interface (ABI) Software Ven-dor List
CSMS #40777766 - ACE Support Resources for Trade Users – Updated Ver-sion Available on CBP.gov
CSMS #40778701 - ACE Delays processing 1C release messages to Trade
CSMS #40779164 - RESOLVED: ACE Delays processing 1C release messages to Trade
CSMS #40780284 - Harmonized System Update (HSU) 1919 created on No-vember 20,2019
11-26-19
CSMS #40786207 - UPDATE: Correction Made to Updated Office of Marine Conservation (OMC) Implementation Guide (IG)
CSMS #40790865 - Updated ACE Cargo Release Condition Codes Now Availa-ble on CBP.gov
CSMS #40791224 - Updated ACE Cargo Release CATAIR Now Available on CBP.gov
11-27-19
CSMS #40803996 - Updated ACE Cargo Release CATAIR Draft Chapter Now Available on CBP.gov
CSMS #40804410 - Update to ACE Appendix PGA
Foreign Trade Zones
The following documents were published in the Federal Register by the For-
eign-Trade Zones Board:
F.R. Date Document
11-04-19
Foreign-Trade Zone 12—McAllen, Texas; Application for Production Authority; Black & Decker (U.S.), Inc. (Lithium Ion Battery Assembly for Cordless Power Tools), Mission, Texas [B–68–2019]
Foreign-Trade Zone 28—New Bedford, Massachusetts; Application for Subzone; The Lobster Trap Co.; Bourne, Massachusetts [S-220-2019]
Foreign-Trade Zone 124—Gramercy, Louisiana; Application for Subzone; Frank’s International, LLC; New Iberia/ Lafayette, Louisiana [B–69–2019]
11-05-19 Foreign-Trade Zone 38—Spartanburg County, South Carolina; Application for Subzone, Commerce Warehouse Group, LLC, Rock Hill, South Carolina [S–223–2019]
11-13-19
Foreign-Trade Zone 183—Austin, Texas; Notification of Proposed Production Activity; Flextronics America, LLC; (Automated Data Processing Machines); Austin, Texas [B–70–2019]
Approval of Subzone Status; Patterson Pump Company; Toccoa, Georgia [S–183–2019]
11-19-19 Foreign-Trade Zone 134— Chattanooga, Tennessee; Notification of Proposed Production Activity; Volkswagen Group of America Chattanooga Operations, LLC; (Passenger Motor Vehicles); Chattanooga, Tennessee [B–71–2019]
11-25-19 Foreign-Trade Zone 7—Mayaguez, Puerto Rico; Application for Expansion of Subzone 7F; Puma Energy Caribe, LLC, Guaynabo, Puerto Rico [S–235–2019]
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F.R. Date Document
11-26-19 Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Authorization of Production Activity; ZF Chassis Systems Duncan, LLC (Automotive Suspen-sion Systems), Duncan, South Carolina [B-45-2019]
11-27-19 Foreign-Trade Zone 201 – Holyoke, Massachusetts; Authorization of Produc-tion Activity; ProAmpac Holdings, Inc. (Flexible Packaging Applications) West-field, Massachusetts [B-47-2019]
EXPORT CONTROLS AND SANCTIONS
OFAC amends Venezuelan Sanctions Regulations
On November 22, 2019, the Office of Foreign Assets Control (OFAC) pub-
lished in the Federal Register a final rule amending 31 C.F.R. Part 591, the
Venezuela Sanctions Regulations to incorporate additional Executive orders,
add a general license authorizing U.S. Government activities, and add an in-
terpretive provision.
State updates Cuba Restricted List
On November 19, 2019, the Department of State published in the Federal
Register an update to its List of Restricted Entities and Subentities Associated
with Cuba (Cuba Restricted List) [Public Notice: 10947] with which direct fi-
nancial transactions are generally prohibited under the Cuban Assets Control
Regulations (CACR). This Cuba Restricted List is also considered during re-
view of license applications submitted to Commerce’s Bureau of Industry and
Security (BIS) pursuant to the Export Administration Regulations (EAR).
US targets Iran construction sector and metals industry with new sanctions
On October 31, 2019, the US State Department strengthened US secondary
sanctions targeting Iran under the Iran Freedom and Counter-Proliferation Act
of 2012 (“IFCA”) (codified at 22 U.S.C. § 8801 et seq.), which dates back to
2013. These new IFCA sanctions target the construction sector in Iran and
make sanctionable the export to Iran of certain strategic metals.
Under IFCA sections 1245-1246, sanctions may be imposed on persons who
knowingly engage in the sale, supply or transfer, directly or indirectly, to or
from Iran of certain materials. IFCA Section 1245(a)(1)(C)(i) requires the
President to impose five or more of the menu-based sanctions described in
section 6(a) of the Iran Sanctions Act of 1996 (“ISA”) against any person
where a determination is made that such person has engaged in the sale,
supply, or transfer to or from Iran of raw and semi-finished metals, graphite,
coal, and software for integrating industrial processes:
1. if they are to be used in connection with any sector of the economy of Iran determined to be controlled directly or indirectly by the Islamic Revolutionary Guard Corps (“IRGC”), or
2. if they are determined to be used in connection with Iran’s nuclear, military, or ballistic missile programs.
Both conditions require specific determinations. The first condition requires
identification of the relevant sector. The second condition requires a determi-
nation that the qualifying metals are determined to be used in the named pro-
grams. The potential ISA sanctions include, among others, SDN designation,
a prohibition for the US Government to issue specific export licenses under
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the Export Administration Act, and a prohibition on US-dollar transactions and
payments through US banks.
On October 31, the US Secretary of State made two determinations:
1. the construction sector of Iran is controlled directly or indirectly by the IRGC, and
2. four strategic materials (“Strategic Metals”) are being used in connection with the nuclear, military, or ballistic missile programs of Iran. According to the State Department fact sheet, the four Strategic Metals are stainless steel 304L tubes; MN40 manganese brazing foil; MN70 manganese brazing foil; and stainless steel CrNi60WTi ESR + VAR (chromium, nickel, 60 percent tungsten, titanium, electro-slag remelting, vacuum arc remelting).
This is the first time the State Department has made such determinations un-
der IFCA.
The first IFCA determination makes sanctionable the sale, supply or transfer,
directly or indirectly, to or from Iran of any raw and semi-finished metals,
graphite, coal, and software for integrating industrial processes if such metals
are used in connection with the construction sector. Such metals have been
previously been described in an FAQ published by the US Treasury Depart-
ment’s Office of Foreign Assets Control. The second IFCA determination
makes sanctionable the sale, supply or transfer, directly or indirectly, of any
Strategic Materials to or from Iran, regardless of the end-user or end-use.
These IFCA sanctions and the accompanying statements from the State De-
partment indicate that the metals sector remains a focus of US sanctions ef-
forts targeting Iran, building on Executive Order 13871 from May 2019 that au-
thorized the imposition of sanctions on parties operating in the iron, steel, alu-
minum, and copper sectors of Iran. These sanctions are in addition to US
secondary sanctions targeting other sectors of the Iranian economy, in the en-
ergy, shipping, shipbuilding, automotive sectors.
For additional information, please contact the authors: Janet K. Kim, Alexan-
dre (Alex) Lamy and Maria Sergeyeva, or any member of the US Outbound
group with whom you normally work.
BIS extends Huawei temporary general licenses
Effective November 18, 2019, the US Commerce Department’s Bureau of In-
dustry and Security (BIS) issued a final rule [Docket No. 191115–0082] ex-
tending by 90 days through February 16, 2020 the validity of the Temporary
General License (“TGL”) authorizing certain transactions involving the export,
reexport, and transfer of items subject to the Export Administration Regula-
tions to Chinese-headquartered Huawei Technologies Co. Ltd. (“Huawei”) and
one hundred and fourteen of its non-US affiliates designated on the BIS Entity
List. The TGL had been set to expire on November 18, 2019.
Please see our prior blog posts on the initial designation of Huawei and sixty-
eight of its non-US affiliates to the Entity List on May 16, 2019 here; on the is-
suance of the original TGL on May 20, 2019 here; on the designation of forty-
six additional non-US affiliates of Huawei to the Entity List and on the TGL up-
dates issued on August 19, 2019 here; and on BIS’s publication of Huawei-re-
lated FAQs on September 9, 2019 here.
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Since this extension of the TGL, BIS has reportedly begun issuing some indi-
vidual licenses to authorize limited and specific activities which do not impose
a significant risk to US national security or foreign policy interests, but has also
stated that it intends to deny other license applications.
Authors: Alison J. Stafford Powell, Lise S. Test and Daniel Andreeff
BIS amends Entity List
On November 13, 2019, the Bureau of Industry and Security (BIS) published
in the Federal Register a final rule [Docket No. 191105-0076] that amends the
Export Administration Regulations (EAR) by adding twenty-two entities, under
a total of thirty-two entries, to the Entity List. These twenty-two entities have
been determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States. These entities will be
listed on the Entity List under the destinations of Bahrain, France, Iran, Jor-
dan, Lebanon, Oman, Pakistan, Saudi Arabia, Senegal, Syria, Turkey, the
United Arab Emirates (U.A.E.) and the United Kingdom (U.K.). This rule also
modifies one existing entry on the Entity List under the destination of Pakistan.
Finally, this rule removes three entities from the Entity List; one under the des-
tination of Pakistan, one under the destination of Singapore and one under the
destination of the U.A.E. The removals are made in connection with requests
for removal that BIS received pursuant to sections of the EAR used for re-
questing removal or modification of an Entity List entry, and the subsequent
review by the End-User Review Committee of the information provided in the
requests.
US Government expands restrictions against Cuba: BIS further restricts exports to Cuba and DOT suspends scheduled air ser-vice for Cuba
On October 21, 2019, the US Commerce Department’s Bureau of Industry and
Security (BIS) amended the Export Administration Regulations (EAR) to fur-
ther restrict exports and reexports of items to Cuba (“the Amendment“). Ac-
cording to BIS, the Amendment was made to further restrict the Cuban gov-
ernment’s access to items subject to the EAR, thereby supporting the US gov-
ernment’s national security and foreign policy decision to hold the Cuban re-
gime accountable for its repression of the Cuban people and its continuing
support for the Maduro regime in Venezuela. The Amendment further imple-
ments President Trump’s June 2017 National Security Presidential Memoran-
dum on Strengthening the Policy of the United States Toward Cuba. BIS also
updated Frequently Asked Questions regarding Cuba, and the US Commerce
Department issued a related press release here.
The same week, Secretary of State Michael R. Pompeo wrote to the Secretary
of Transportation noting the Administration’s policy and requested that the De-
partment of Transportation (DOT) suspend all scheduled US carrier flights be-
tween the United States and all airports in Cuba, except José Martí Interna-
tional Airport (HAV) in Havana. DOT issued an order suspending service on
October 25, 2019. US air carriers have 45 days to discontinue all scheduled
air service between the United States and all airports in Cuba, except José
Martí International Airport. Please see here for the State Department’s press
release.
A summary of specific changes/clarifications made by the Amendment are de-
scribed below:
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1. Cuba Licensing Policy for Aircraft Leased to Cuban State-Owned Airlines
The Amendment removes the general policy of approval for license appli-
cations to export or reexport aircraft leased to Cuban state-owned air-
lines. License applications to lease aircraft to Cuban state-owned airlines
are now subject to the general policy of denial in §746.2(b) of the
EAR. BIS will also revoke licenses within seven days, through individual
notifications to licensees pursuant to §750.8 of the EAR, for aircraft leased
to Cuban state-owned airlines under the former policy.
2. License Exception Aircraft, Vessels, and Spacecraft (“AVS”)
The Amendment restricts certain aspects of License Exception AVS which are
summarized as follows:
The Amendment clarifies that aircraft and vessels are not eligible for License Exception AVS if they are leased to or chartered by a Cuban national or a na-tional of a destination in Country Group E:1. License applications for aircraft or vessels leased to or chartered by Cuban nationals will be reviewed pursu-ant to the applicable licensing policy described in § 746.2(b) of the EAR while license applications for aircraft or vessels leased to or chartered by, or on the behalf of, the Cuban government, including state-owned airlines or other en-terprises, will generally be denied.
The Amendment adds Cuba to restrictions of License Exception AVS regard-ing (i) the sale or transfer of operational control of foreign registered aircraft or foreign flagged vessels and (ii) the operational control of foreign and US regis-tered aircraft or foreign and US flagged vessels.
3. De Minimis Rule
The Amendment revises the EAR to establish a 10% de minimis level for Cuba,
although (i) the US State Department has not re-designated Cuba as a State Sponsor of Terrorism and (ii) BIS has not re-included Cuba into Country Group E:1 and Cuba remains in Country Group E:2. For background, in 2015, the US State Department rescinded the designation of Cuba as a State Sponsor of Terrorism, and BIS amended the EAR and removed Cuba from Country Group E:1, which re-sulted in increasing the de minimis level from 10% to 25% for Cuba. The current return to the 10% de minimis level by making Country Group E:2, which currently only includes Cuba, subject to the 10% de minimis level is unusual because the 10% de minimis threshold is normally reserved for State Sponsors of Terrorism.
4. License Exception Support for the Cuban People (“SCP”)
The Amendment restricts certain aspects of License Exception SCP which are
summarized as follows:
License Exception SCP (paragraph (c)(1)) no longer covers donations to or-ganizations administered or controlled by the Cuban government or com-munist party. Donations to the Cuban people and civil society organizations, however, are still eligible for License Exception SCP, provided the items would be used to support activities independent of the Cuban government and communist party.
License Exception SCP (paragraph (d)(1)) is clarified that it is limited to the creation and upgrades of telecommunications infrastructure to improve the free flow of information to, from, and among the Cuban people. For infrastruc-ture items that would be used to connect specific end users (e., non-backbone items), those items may be used to connect individual Cubans or the Cuban private sector only, and not Cuban government ministries or state-owned ho-tels.
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License Exception SCP (paragraph (e)(2)) no longer authorizes the export or
reexport of items to be given away for free for promotional purposes. Items for
use by the Cuban private sector for private sector economic activities, how-
ever, remain eligible for License Exception SCP, provided the associated
terms and conditions are met.
Authors: Bart M. McMillan, Jennifer Trock and Eunkyung Kim Shin. The au-
thors acknowledge the assistance of Iris Zhang in the preparation of this arti-
cle.
FinCEN designates Iran as a jurisdiction of primary money laun-dering concern and OFAC unveils Iran humanitarian trade mech-anism
On October 25, 2019, the US Treasury Department’s Financial Crimes En-
forcement Network (FinCEN) issued a final rule identifying Iran as a jurisdic-
tion of primary money laundering concern (“Final Rule”) under Section 311 of
the USA PATRIOT ACT, seeking to further isolate Iran from the global finan-
cial system. Concurrently, the US Treasury and State Departments an-
nounced a new humanitarian mechanism to ensure that funds associated with
permissible trade in support of the Iranian people are not diverted by the Ira-
nian regime to develop ballistic missiles, support terrorism, or finance other
malign activities. These measures build upon the US Treasury Department’s
Office of Foreign Assets Control’s (OFAC) additional sanctions against the
Central Bank of Iran discussed in our prior blog post here.
Section 311 Primary Money-Laundering Concern
The Final Rule, which became effective on November 4, 2019, amends Part
1010 of the FinCEN regulations at 31 C.F.R. Chapter X and prohibits US fi-
nancial institutions from opening or maintaining correspondent or payable-
through accounts for or on behalf of Iranian financial institutions. The Final
Rule requires US financial institutions to apply special due diligence to corre-
spondent accounts in the US held by foreign banks to ensure that such corre-
spondent accounts are not used to process transactions involving Iranian fi-
nancial institutions that are not otherwise permissible under US law. At a mini-
mum, the special due diligence must include a notification to correspondent
account holders that the US financial institution knows or has reason to be-
lieve are using their correspondent accounts to process transactions involving
Iranian financial institutions that such prohibited transactions may not take
place. US financial institutions must also take reasonable steps to identify any
use of their foreign correspondent accounts for transactions involving Iranian
financial institutions. Violations of the Final Rule could expose US financial in-
stitutions to penalties under the Bank Secrecy Act. These restrictions apply
with respect to all Iranian financial institutions and not just those designated
on OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN
List”).
According to the Treasury Department’s press release, FinCEN’s action is
based on its finding that international terrorists and entities involved in missile
proliferation have transacted business in Iran, and that Iran is a jurisdiction
characterized by a high level of institutional corruption and weak AML/CFT
laws. The Final Rule aims to apply “maximum pressure” to shut off the Iranian
regime’s illicit sources of revenue. In line with these goals, the Final Rule will
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limit Iranian banks’ ability to maintain overseas accounts and access foreign
currency.
Since sanctions against Iran already largely prohibit US financial institutions
from facilitating transactions by Iranian financial institutions, the practical im-
pact of the Final Rule will be limited. As a general matter, US financial institu-
tions have already paid special attention to foreign correspondent accounts to
ensure that such accounts do not give rise to sanctions compliance risk. For
example, most US financial institutions who maintain accounts for foreign fi-
nancial institutions require such account holders to represent or certify that
they will not use the accounts to process transactions involving US sanctions
targets, including Iranian financial institutions. Employment of such a compli-
ance measure was already an expectation of bank regulators, even before the
imposition of the Final Rule, in recognition of the significant sanctions compli-
ance risk posed by correspondent account holders who use their accounts
with US financial institutions to facilitate US dollar payment activity on behalf
of their (non-US) customers.
New Humanitarian Trade Mechanism
Under OFAC’s new humanitarian trade “mechanism,” foreign financial institu-
tions can receive written confirmation from OFAC that they will not be subject
to US sanctions for engaging in certain humanitarian trade with Iran, including
agricultural commodities, food, medicine and medical devices, if they agree to
conduct enhanced due diligence on such transactions and provide the infor-
mation obtained through the enhanced due diligence to the Treasury Depart-
ment. An “illustrative” list of the information foreign financial institutions choos-
ing to participate in the mechanism may need to provide to the US Govern-
ment includes:
The information used to identify the Iranian customers of the humanitarian trade and to verify their identities and beneficial ownership
The information used by financial institutions to understand the purpose and intended nature of business relationships between the seller and the customer in Iran
A monthly balance statement of any account of an Iranian financial institution
A list of Iranian SDNs (designated for reasons other than just [IRAN]) with which the Iranian customer indicates it has current business relations
Detailed information as to the commercial terms and logistics of the transac-tion, including information about the ultimate customer, all intermediaries in-volved in the transaction, and the financial arrangements and shipping and transportation logistics underlying the transaction
Written confirmation that the Iranian distributor will not allow the goods to be sold or resold to Iranian SDNs (again, designated for reasons other than just [IRAN])
Additional information regularly obtained by the foreign financial institution in connection with its ongoing due diligence measures to verify the consistency of the transaction with the purposes of the humanitarian channel, among other things
Any additional information OFAC may require on a case-by-case basis
The stated purpose of the “mechanism” is to restrict the role of the Central
Bank of Iran (the “CBI”) in facilitating humanitarian trade to prevent the CBI
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from diverting funds relating to such trade for illicit purposes. The CBI plays
multiple roles in relation to humanitarian exports into Iran – e.g., ranging from
actual funds transfers to approval of the allocation and award of foreign ex-
change for humanitarian purchases by Iranian entities – and it is not entirely
clear whether some of those roles are less troubling to OFAC than oth-
ers. Notably, the announcement does not provide any guidance on suggested
payment channels not involving the CBI.
The announcement by the US Treasury and State Departments states that the
mechanism may also be used by US persons and US-owned or -controlled
foreign entities, while noting that US persons must continue to comply with the
existing requirements under the Trade Sanctions Reform and Export En-
hancement Act of 2000 (“TSRA”) for humanitarian exports to Iran.
There is no indication in the announcement as to how the mechanism will op-
erate in practice. As an initial matter, it is not clear with whom at the US
Treasury Department parties interested in taking advantage of the mechanism
should engage. In addition, the announcement does not address the length of
time it might take the US Treasury Department (OFAC, presumably, although
this is not entirely clear) to render a decision.
Although details on the proposed mechanism are scarce, the initiative by the
US government to work with private parties to facilitate humanitarian trade
with Iran is consistent with the US government’s overall policy to punish the
Iranian government through the use of economic sanctions and not the Iranian
people. However, the initiative seems to have only added to the compliance
burden associated with US sanctions compliance faced by those engaged in
humanitarian trade with US sanctions targets.
For additional information, contact the authors: Andrea Tovar, Inessa Owens
and Terence Gilroy
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):
F.R. Date Applicable orders
11-07-19 OFAC: Notice of OFAC Sanctions Actions (N) [1 entity, 1 vessel]
11-12-19 OFAC: Notice of OFAC Sanctions Actions (N) [9 individuals, 1 entity]
11-19-19 STATE: Updating the State Department’s List of Entities and Subentities Associ-ated With Cuba (Cuba Restricted List) [Public Notice: 10947] (N)
11-26-19 OFAC: Notice of OFAC Sanctions Action (N) [4 individuals, 5 entities]
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OTHER COVERAGE
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES EN-
FORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTI-
TUTE 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.]
F.R. Date Subject
11-05-19 ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Ar-ticles of Cheese Subject to an In-Quota Rate of Duty (N)
11-19-19 STATE: Notice of Charter Renewal of the Advisory Committee on International Postal and Delivery Services (IPoDS) [Public Notice 10949] (N)
11-22-19
BIS: Proposed Information Collection; Comment Request; Licensing Responsi-bilities and Enforcement [OMB Control No.: 0694–0122] (N)
BIS: Proposed Information Collection; Comment Request; Application for NATO International Bidding [OMB Control No.: 0694–0128] (N) [BIS -4023P]
11-25-19 BIS: Regulations and Procedures Technical Advisory Committee; Notice of Par-tially Closed Meeting (N/H) [Dec. 10, 2019]
11-26-19 STATE: Cultural Property Advisory Committee; Notice of Meeting [Public Notice: 10956] (N/H) [January 21-22, 2020]
11-27-19 ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [Dec. 19, 2019]
11-29-19
TREASURY: Agency Information Collection Activities; Submission for OMB Re-view; Comment Request; Hizballah Financial Sanctions Regulations —Report on Closure by U.S. Financial Institutions of Correspondent Accounts and Paya-ble-Through Accounts [OMB Control No.: 1505-0255] (N)
TREASURY: Agency Information Collection Activities; Submission for OMB Re-view; Comment Request; Imposition of Special Measure Against North Korea as a Jurisdiction of Primary Money Laundering Concern [OMB Control No.: 1506-0071] (N)
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:
F.R. Date Subject
11-07-19 CPSC: Performance Requirements for Residential Gas Furnaces and Boilers; Notice of Reopening of Comment Period [Docket No. CPSC–2019–0020] (RO)
11-12-19 CPSC: Safety Standard for Infant Sleep Products [CPSC Docket No. 2017-0020] (PR)
TTB and ATF announcements and Federal Register documents
The Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Bureau of Al-
cohol, Tobacco, Firearms and Explosives (ATF) posted or published the fol-
lowing information or regulatory actions of interest to international traders :
Date Subject
11-08-19 ATF: Removal of Expired Regulations Concerning Commerce in Firearms and Ammunition; Correction [Docket No. ATF 2019R–03; AG Order No. 4576–2019] (FR)
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FDA Federal Register documents
The FDA has posted the following Federal Register guides, notices or docu-
ments which may be of interest to international traders:
F.R. Date Subject
11-12-19 Tobacco Products; Required Warnings for Cigarette Packages and Advertise-ments; Additional Materials; Reopening of the Comment Period [Docket No. FDA-2019-N-3065] (PR/RO)
11-14-19 Process to Request a Review of Food and Drug Administration's Decision Not to Issue Certain Export Certificates for Devices; Guidance for Industry and Food and Drug Administration Staff; Availability [Docket No. FDA-2018-D-2310] (N)
11-21-19 Product-Specific Guidances; Draft and Revised Draft Guidances for Industry; Availability [Docket No. FDA-2007-D-0369] (N)
11-26-19
Premarket Tobacco Product Applications and Recordkeeping Requirements; Reopening of the Comment Period [Docket No. FDA-2019-N-2854] (PR/RO)
Compliance Policy for Limited Modifications to Certain Marketed Tobacco Prod-ucts; Guidance for Industry; Availability [Docket No. FDA-2019-D-5324] (N)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service
(APHIS) and other US Department of Agriculture (USDA) agencies issued the
following Federal Register notices during the past month which may be of in-
terest to international traders. [USDA=Office of the Secretary, FAS=Foreign
Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety
Inspection Service]:
F.R. Date Subject
11-05-19
FSIS: Eligibility of the People’s Republic of China To Export Siluriformes Fish and Fish Products to the United States [Docket No. FSIS–2018–0030] (FR)
FSIS: Eligibility of the Socialist Republic of Vietnam To Export Siluriformes Fish and Fish Products to the United States [Docket No. FSIS–2018–0029] (FR)
FSIS: Eligibility of Thailand To Export Siluriformes Fish and Fish Products to the United States [Docket No. FSIS–2018–0031] (FR)
11-08-19 FSIS: Eligibility of the People’s Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC [Docket No. FSIS–2016–0002] (FR)
11-12-19
APHIS: Concurrence with OIE Risk Designations for Bovine Spongiform En-cephalopathy [Docket No. APHIS-2018-0087] (N) [Nicaragua]
APHIS: Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Carrots From the Republic of Korea Into the United States [Docket No. APHIS-2019-0062] (N)
11-25-19
APHIS: International Sanitary and Phytosanitary Standard-Setting Activities [Docket No. APHIS–2019–0064] (N/RFC)
APHIS: Plants for Planting Whose Importation Is Not Authorized Pending Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants for Plant-ing That are Quarantine Pests or Hosts of Quarantine Pests [Docket No. APHIS–2018–0066] (N)
FAS: Export Sales Reporting Program (FR/Clarification)
11-27-19 FSIS: Publication Method for Lists of Foreign Countries Eligible to Export Meat, Poultry, or Egg Products to the United States [Docket No. FSIS-2018-0027] (FR)
Government Procurement: Treatment of certain items as com-mercial items
On November 27, 2019, the Department of Defense (DoD) published in the
Federal Register a proposed rule [Docket DARS-2019-0052] that would
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amend the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement several sections of the National Defense Authorization Act for Fis-
cal Year 2017 that address treatment of commingled items purchased by con-
tractors and services provided by nontraditional defense contractors as com-
mercial items. DoD is also proposing to further implement a section of the Na-
tional Defense Authorization Act for Fiscal Year 2018 that provides that a con-
tract for an item using FAR part 12 procedures shall serve as a prior commer-
cial item determination.
Comments on the proposed rule should be submitted in writing to the address
shown below on or before January 27, 2020, to be considered in the formation
of a final rule.
Additional Federal Register documents
The following Federal Register documents which may be of interest to interna-
tional traders were published during the past month by various Federal agen-
cies:
F.R. Date Subject
11-01-19
ENVIRONMENTAL PROTECTION AGENCY (EPA): Isotianil; Pesticide Tolerances [EPA–HQ–OPP–2018–0047; FRL–10000–79] (FR)
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA): Hazard-ous Materials: Unapproved Foreign-Made DOT Cylinders [Docket No. PHMSA–2019–0130; Notice No. 2019–07] (N)
11-05-19 HEALTH AND HUMAN SERVICES (HHS): Annual Civil Monetary Penalties Inflation Adjustment (FR)
11-07-19 EPA: Dinotefuran; Pesticide Tolerance for Emergency Exemption [EPA-HQ-OPP-2019-0357; FRL-10000-96] (FR)
11-08-19 DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Sub-stances: Placement of Solriamfetol in Schedule IV; Correction [Docket Nop. DEA-504] (C)
11-12-19
EPA: Propyzamide; Pesticide Tolerance for Emergency Exemptions [EPA-HQ-OPP-2019-0283; FRL-10000-50] (FR)
EPA: Tebuconazole; Pesticide Tolerances [EPA-HQ-OPP-2018-0094; FRL-10001-27] (FR)
US FISH AND WILDLIFE SERVICE (FS): General Provisions; Revised List of Migra-tory Birds [Docket No. FWS–HQ–MB–2018–0047; FXMB 12320900000//189//FF09M29000] (PR)
11-14-19 ENERGY: Energy Conservation Program: Test Procedure for Microwave Ovens [EERE-2017-BT-TP-0024] (PR/H)
11-15-19
US COAST GUARD (USCG): Lifejacket Approval Harmonization [Docket No. USCG-2018-0565) (N) [Canada-US harmonization]
ENERGY: Energy Conservation Program: Energy Conservation Standards for Consumer Refrigerators, Refrigerator-Freezers, and Freezers [EERE–2017–BT–STD–0003] (RFI)
FEDERAL MARITIME COMMISSION (FMC): Licensing, Registration, Financial Re-sponsibility Requirements, and General Duties for Ocean Transportation Inter-mediaries [Docket No. 18–11] (FR)
11-21-19 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Advanced Driver Assistance Systems Draft Research Test Procedures [Docket No. NHTSA-2019-0102] (RFC)
11-25-19
EPA: Clothianidin; Pesticide Tolerances [EPA–HQ–OPP–2008–0771; FRL–10000–64] (FR)
EPA: Cyflumetofen; Pesticide Tolerances [EPA–HQ–OPP–2018–0636; FRL–9996–61] (FR)
11-27-19 DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE (DOD): Defense Federal Acquisition Regulation Supplement: Treatment of Certain
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F.R. Date Subject
Items as Commercial Items (DFARS Case 2019-D029) [Docket DARS-2019-0052] (PR)
NATIONAL NUCLEAR SECURITY ADMINISTRATION, ENERGY: Exports of U.S-Origin Highly Enriched Uranium for Medical Isotope Production: Sufficient or Insuffi-cient Supplies of Non-HEU-based Molybdenum-99 for United States Domestic Demand; Request for Public Comment (N/RFC)
ANTIDUMPING AND SUBSIDIES
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
The Americas - South America
MERCOSUR
EU - Mercosur Free Trade Agreement
The European Union (EU) and Mercosur – members include Argentina, Brazil
Paraguay and Uruguay – reached on June 28th 2019 a political agreement for
a free trade agreement after decades of negotiations. The EU is Mercosur’s
biggest foreign investor and trade partner. Potential opportunities for several
industries and agribusiness in both regions are numerous.
Thanks to its global presence with five offices in Argentina and Brazil*, and
with a robust presence in 13 EU countries, Baker McKenzie has gathered an
international group of experts to help clients interpret and seize the opportuni-
ties arising from the free trade agreement.
To discuss EU–Mercosur Trade Agreement progress and prepare for it, as
well as understand opportunities and implications for your business, please
get in touch with your usual Baker McKenzie contact or, alternatively, with one
of our Mercosur experts listed below.
*In Brazil in cooperatioin with Trench Rossi Watanabe.
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ARGENTINA
Key points on the EU and Mercosur Agreement
EU and Mercosur: “We have a deal”
After two decades of negotiations and debates, the European Union (EU) and
Mercosur (Brazil, Argentina, Paraguay and Uruguay) finally signed a new and
ambitious draft Free Trade Agreement on 28 June 2019. Expectations of the
political and economic ties between the two regions are high, as is the estab-
lishment of a new framework with significant opportunities for sustainable
growth on both sides.
The president of the European Commission, Jean-Claude Juncker, stated this
is the biggest Free Trade Agreement that the European countries have
achieved so far; it will create a market that includes almost 800 million people
and will benefit “companies, workers and the economy on both sides of the At-
lantic, saving over EUR 4 billion worth of duties per year.”
Furthermore, the Agreement between Mercosur and the EU comprises 25% of
the world GDP and represents a major step towards integration and trade lib-
eralization. It is a “landmark” in global policymaking and a coup for EU and
Mercosur exporting companies.
Key Facts: What the draft Agreement means for both sides
The Agreement establishes both tariff and non-tariff related benefits. For the
EU, the draft Agreement aims to eliminate most of the custom duties (ca.
91%) on European exports to the Mercosur market progressively in the next
10 years. Mercosur countries will remove high duties on industrial products
(automotive, textile and apparel industries) and will progressively eliminate du-
ties on EU food and drink products. With exports to Mercosur at EUR 45 billion
a year, the annual savings for European companies could reach nearly EUR 4
billion yearly.
Mercosur countries, on the other hand, will benefit from reduced duties im-
posed on the importation of agricultural products into the EU, including poultry
meat, beef, coffee, ethanol and sugar. It is a huge victory for the agribusiness
sector. The draft Agreement also provides for facilitated measures for Mer-
cosur countries concerning compliance with phytosanitary requirements when
entering the EU market.
More than a Free Trade Agreement
The scope of the draft Agreement goes far beyond tariffs; it upholds the high-
est standards of food safety and consumer protection, as well as environmen-
tal rules. Further, the draft Agreement opens up business opportunities in Mer-
cosur for EU companies while determining access to public procurement con-
tracts and greater freedom to service providers, including the IT, telecommuni-
cation and transport sectors.
Various political-related discussions are also enhanced in the draft Agree-
ment, such as migration, the digital economy, research and education, corpo-
rate and social responsibility and the fight against terrorism and money laun-
dering.
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Next steps
A legal revision of the agreed draft text has to be conducted by both sides to
come up with the final version of the Free Trade Agreement. On the EU side,
the Commission will translate the text it into all official EU languages and sub-
mit the Agreement to EU Member States for approval. The Agreement must
then be endorsed by all the EU Member States, which, as has been demon-
strated on previous occasions, is not an easy task1.
Approval at Mercosur level undergoes a similar process, starting with the translation to country-specific languages, followed by the legislative approval of each Mercosur Member State before finally being ratified by the President of each country. Particularly, compared to the EU, the Agreement does not necessarily have to be ratified by all the countries to become effective in one of the Member States: for example, it could well be the case that Brazilian im-porters and exporters start benefiting from the Agreement before Argenti-neans once the approval process is concluded in Brazil. --------------------------------------------------------------------- 1 In previous years, other Agreements have been thrown back in this process. In 2016, Belgium opposed and canceled the signature of the highly controversial CETA trade agreement with Canada.
Contacts: Esteban Pablo Rópolo (Buenos Aires), Marcia A. Calafate (*São
Paulo), Rafael Gregorin (*São Paulo), Alessandra S. Machado Villas Boas
(*São Paulo), Paul E. Amberg (Amsterdam), Juliana Dantas (Amsterdam),
Sunny Mann (London), Jennifer F. Revis (London), Anahita Thoms (Dussel-
dorf). *In Brazil in cooperatioin with Trench, Rossi e Watanabe Advogados SP.
BRAZIL
Diário Oficial da União publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of in-
terest to international traders were published in the Diário Oficial da União (Of-
ficial Gazette) during the period covered by this Update.
DOU Date Subject
21-10-19 CAMEX Res. № 1 (17-10-19) - Amends Annex II of Resolution No. 125, of De-cember 15, 2016, of the Foreign Chamber of Commerce
24-10-19
CAMEX Res. № 2 (22-10-19) - Changes to zero percent the Import Tax rates levied on the Capital Goods that it mentions, as ex-tariffs.
CAMEX Res. № 3 (22-10-19) - Changes to zero percent the Import Tax rates levied on IT and Telecommunication Goods that it mentions, as ex-tariffs
25-10-19
CAMEX Res. № 4 (24-10-19) - Amends the Mercosur Common Nomenclature, the Tariff Codes and the Import Tax rates that make up the Common External Tariff - TEC, as set out in Resolutions 52/18, 08/19, 30/19, 31/19, 46/19 47/19 and 48/19 of the Mercosur Common Market Group.
CAMEX Res № 5 (23-10-19) - Provides for a temporary reduction in the Import Tax rate pursuant to Resolution No. 08/08 of the MERCOSUR Common Market Group
CAMEX Res. № 6 (23-10-19)- Grant a temporary reduction in the Import Tax rate pursuant to Resolution No. 08/08 of the MERCOSUR Common Market Group
20-11-19 CAMEX Res. № 10 (12-11-19) Amends the Brazilian List of Exceptions to the Common External Tariff of the Southern Common Market - Mercosur
22-11-19 CAMEX Res. № 11 (19-11-19) - Grants a temporary reduction of the Import Tax rate pursuant to Resolution No. 08, of June 20, 2008, of the Mercosur Common Market Group
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DOU Date Subject
CAMEX Res. № 13 (19-11-19) – Amends the Common Nomenclature of Mer-cosur and the Import Tax rates that make up the Common External Tariff - TEC, as set out in Resolutions Nos 07/19 and 32/19, of the Mercosur Common Mar-ket Group.
CAMEX Res. № 14 (19-11-19) - Changes to zero percent the Import Tax rates levied on the Capital Goods that it mentions, as Ex-Tariffs.
CAMEX Res. № 15 (19-11-19) - Changes to zero percent the Import Tax rates levied on IT and Telecommunication Goods that it mentions, as Ex-Tariffs
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
CHILE
National Customs postings and Diario Oficial
The following documents, which may be of interest to international traders
were posted to the National Customs Service (NCS) website or published in
the Diario Oficial de la República de Chile (Official Gazette) or [Partial list; Un-
official translation].
Date Subject
07-11-19
NCS: Exempt Resolution No. 5169 - Modifies Annex 51-34 of the Compen-
dium of Customs Regulations , replacing, in numeral 34.1 - AGREEMENTS RE-GIME ALADI - the code of the Agreement of Economic Complementation Chile - Mercosur, that indicated 535 by 500; and also, eliminating the table provided in 34.2 –MERCOSUR
NCS: Exempt Resolution No. 5184 - Modifies Annex 18 of the Compendium
of Customs Regulations, in Instructions for filling out the Import Declarations and DIPS forms
12-11-19
NCS: Exempt Resolution No. 5233 - Replaces numeral 6 of the first subchap-
ter of Chapter 2, Annex 12 with its filling instructions and letter h) of numeral 10.1 of Chapter 3, of the Compendium of Customs Regulations, is deleted, in order to update provisions regarding the presentation of the Affidavit of Value and its Elements, as a measure of facilitation of import operations.
18-11-19
NCS: Exempt Resolution No. 5316 - Modifies Chapter 2 of the Compendium
of Customs Regulations, adding a new numeral 17, regarding the valuation of lawful merchandise, in respect of which the crime of smuggling has been com-mitted, specifying the way to assess in the cases indicated
22-11-19
NCS: Exempt Resolution No. 5394 - Modifies Chapter III and IV of the Pay-
ment Manual
NCS: Circular Letter No. 470 - Informs Argentine entities approved for the issu-ance of digital certificates of origin (COD), within the framework of Exempt Res-olution No. 4,784 of 07.10.2019 of the National Customs Director
NCS: Circular Letter No. 472 - Instructions regarding the use of the purchase and sale clauses in the preparation of customs destinations (Incoterms)
25-11-19 Exempt Resolution No. 5416 - Modify Annex 51-15, of the Compendium of
Standards, relating to Storekeepers
28-11-19
NCS: Exempt Resolution No. 5465 - Modifies Appendix XVIII of Chapter III of
the Compendium of Customs Regulations, modifying numeral 1, and incorporat-ing numeral 2.4 referring to “Special rules for private companies authorized as Competent Bodies.”
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Classification opinions, advance rulings and classification valua-tion and origin decisions
The National Customs Service has recently redesigned its website. Advance
Classification and Origin Resolutions (Resoluciones Anticipadas Clasificación
y Origen) from 2010 to the present are available. Older classification opinions
are also available.
COLOMBIA
MinCIT, MinHacienda and DIAN Documents
The following documents of interest to international traders were posted by the
Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance
(Hacienda) or the National Directorate of Taxes and Customs (DIAN):
Date Subject
01-11-19 Decree 1994 of 01-11-19, “whereby Decree 2291 of 2013 is partially modified”.
14-11-19 Decree 2051 of 13-11-19 “whereby the Customs Tariff is partially modified for the importation of vehicles with an engine operating exclusively with natural gas and Decree 1116 of 2017 for electric vehicles”.
18-11-19 Decree 2052 of 13-11-19 “by which Part 3 of Book I of the Single Regulatory De-cree of the Trade, Industry and Tourism Sector, Decree 1074 of 2015” is added.
19-11-19 Decree 2074 of 18-11-19, “whereby the Customs Tariff is partially modified to establish a tariff levy of zero percent (%) for the importation of supplies for household appliances“.
PERU
Tariff Classification database
A searchable Tariff Classification Resolution (ruling) database (from 2006
through the present) is available. It may be searched by the tariff number, res-
olution number, or description. The database currently has approximately
7400 resolutions, some with photographs.
VENEZUELA
Venezuela introduces VAT exemption for payments on specific imports and services for the construction of “peace gymnasiums”
The Venezuelan Government has introduced a two-year VAT exemption1 for
final imports of movable tangible property made by organs of the National
Public Administration (“Administration”) and the provision of certain services,
for constructing “peace gymnasiums” in Venezuela.2 The exoneration will be
effective from 31 July 2019 to 31 July 2021.
Exempted goods
Amongst the exempted goods are:
ITEM TARIFF CODE 26473 COMMERCIAL DESCRIPTION TARIFF DESCRIPTION
1. 2523.21.000.000 Cement White, even artificially colored cement
97 8428.10.00.00 Elevator Machinery Elevators and forklifts
204. 9506.91.00.00 Weights, Exercise Ma-chines
Articles and material for physical culture, gym-nastics or athletics
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The beneficiaries must submit to the import customs office the description of
the goods to be imported and the commercial invoice issued in the name of
the body or agency of the Administration. If the beneficiary prefers to make the
imports through a different customs office, it must notify the original customs
office. Customs offices must keep a record of VAT-exempt operations, identi-
fying: (a) the number and CIF value of the goods; (b) the import tax and ex-
empt VAT; (c) surcharges, countervailing duties, anti-dumping rights and late
payment interest.
Exempted services
The Venezuelan Government also exonerated the payment of VAT on the pro-
vision of onerous services performed or used in Venezuela, including those
from abroad, contracted by the Administration, exclusively for constructing
peace gymnasiums in Venezuela. The Pro-Patria 2000 Foundation must de-
clare the need for the service and the exonerated amounts. Some services
are:
ITEM SERVICES
1. Preliminary architectural design, budget calculation and metric calculation.
12. Transport of construction and finished materials by sea, land or air
23. Hiring of catering services and special events.
Evaluation of the exemption
The Minister of the People's Power for Economy and Finance and the Minister
of the People's Power of the Office of the President and Monitoring of Govern-
ment Management must evaluate the exoneration every two years, under the
VAT Law,4 according to a weighted index.
__________________________________
1 Presidential Decree No. 3.390, Official Gazette No. 41.684 of 31 July 2019 2 Projects Continuation I Stage of Urban Implementation and Construction of CDC and acquisition
and installation of equipment and furniture for 50 peace gyms 3 Presidential Decree No. 2,647, establishing the Common Tariff Nomenclature of MERCOSUR's
State Parties, based on the Harmonized Merchandise Description and Coding System (HS) of the Customs Cooperation Council (C.C.A.) - World Customs Organization (W.C.C.A.), Official Gazette No. 6,281 Ext. of 30 December 2016
4 VAT Law, Official Gazette No. 6.396 Ext. of 21 August 2018
Authors: Ronald Evans, José P. Barnola Jr., Óscar Moreán, Douvelin Serra.
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
Customs notices and advices
The following Australian Border Force Customs Notices (ACN) and Cargo ad-
vices (ACCA) were issued during the period covered by this Update:
Date Series and № Title
12-11-19 ACN № 2019/37 Amendments to Schedule 4 of the Customs Tariff Act 1995 Item 1 by-law and Clarification of Origin Preference Codes
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Date Series and № Title
for the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
25-11-19 ACN № 2019/40 Changes to import licence requirements for equipment con-taining hydrochlorofluorocarbon (HCFC) refrigerant
29-11-19 ACN № 2019/41 Evidentiary Requirements for Duty Drawback Claims
Australian Tariff Precedents
The Australian Border Force (ABF) has published a List of Current Prece-
dents, 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 Investi-
gations, Orders & Reviews section below.
CHINA
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
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 in-
structions during the period covered by this Update:
Date Series and № Subject
CBIC NON-TARIFF NOTIFICATIONS
No CBIC Tariff Notifications
CBIC TARIFF NOTIFICATIONS
15-11-19
82/2019-Cus (NT) Amends All Industry Rates of Duty Drawback for specified entries relating to Chapter 71
83/2019-Cus (NT) The Commissioner of Customs (Audit) to act as the Com-missioner of Customs (Appeals), Delhi, in specified cases relating to appeals filed on or before 30 September, 2019
84/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver
29-11-19 86/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver
CBIC CIRCULARS
05-11-19 37/2019-Cus System of electronic (digital) generation of Document Identi-fication Number (DIN) for all communications sent by offic-ers to taxpayers and other concerned persons implemented
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Date Series and № Subject
21-11-19 38/2019-Cus
Amendment in Import Policy of Iron & Steel and incorpora-tion of Policy Condition in Chapter 72, 73 and 86 of Indian Trade Clarification based on Harmonized System of Cod-ing [ITC(HS)], 2017 Schedule-1
28-11-19 39/2019-Cus
The Principal Director General/ the Director General, Direc-torate of Revenue Intelligence to appoint officers of the rank of the Principal Commissioner or the Commissioner of Cus-toms as Adjudicating Authority in specified cases
29-11-19
40/2019-Cus Auto Out of Charge under Express Cargo Clearance Sys-tem (ECCS) implemented
41/2019-Cus Clarification on procedure for clearance of import of metal scrap
42/2019 -Cus
Clarification regarding mandatory uploading of specified supporting documents and mention of Document Code and Image Reference Number (IRN) in Bill of Entry (BoE) filed at the time of import
DGFT NOTIFICATIONS
31-10-19 28/2015-2020 Refund of drawback of Duty paid on inputs also allowed on All Industry Rate with effect from December 5, 2017
04-11-19 29/2015-2020
Notifies requirement of Certificate of Inspection from Export Inspection Council (EIC) / Export Inspection Agency (EIA) for export of Rice (Basmati and Non-Basmati) to European Union Countries in addition to existing policy conditions
08-11-19 30/2015-2020
Policy Condition for Nano Category of Civil Remotely Pi-loted Aircrafts (RPAs) laid down in sync with guidelines is-sued by the Directorate General of Civil Aviation of Wireless Planning & Coordination (WPC) wing of Department of Tel-ecommunication, Ministry of Communications
13-11-19
31/2015-2020 Amends Indian Trade Clarification based on Harmonized System of Coding [ITC(HS)], 2017 Schedule-1 in sync with the Finance (No. 2) Act, 2019
32/2015-2020 Provides for one-time relaxation until 20 November, 2019 for obtaining Steel Import Monitoring System (SIMS) regis-tration
DGFT PUBLIC NOTICES
31-10-19 40/2015-2020 Refund of drawback of Duty paid on inputs also allowed on All Industry Rate with effect from December 5, 2017
01-11-19 41/2015-2020 Revised territorial jurisdiction of Regional Authority of the Directorate General of Foreign Trade (the DGFT) notified
08-11-19 42/2015-2020 Tariff Rate Quota (TRQ) for import of 30,000 MT of Crude Soya Oil from Paraguay under India-Mercosur Preferential Trade Agreement laid down
13-11-19 43/2015-2020 Enlists Kattupalli Port as designated port for import of scrap
20-11-19 44/2015-2020 Amends list of agencies enlisted for issuing Certificate of Origin (Non-Preferential)
26-11-19 45/2015-2020 Software Technology Park (STP) to submit Service Export Reporting Form (SERF) in Annexure VI for capturing ser-vices exports data for services listed in Annexure V
DGFT TRADE NOTICES
19-11-19 39/2019-2020
Notice issued for immediate corrective action by exporters before 15 December, 2019 where incorrect Permanent Ac-count No (PAN) details are provided to the Directorate Gen-eral of Foreign Trade (the DGFT) or more than one Importer Exporter Code (IEC) is issued against one PAN, to avoid suspension of IEC
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
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Europe, Middle East and North Africa
European Union and EFTA
European Commission proposes updates to the EU Dual-Use List and published its latest annual report
In approximately one month, the next round of changes to the EU Dual-Use
list will take effect.
On 17 October 2019, the European Commission adopted a delegated Regula-
tion updating Annex I to Regulation 428/2009 (the “Dual-Use List”). The up-
date is not yet in force, but is currently halfway through a two month period
during which the European Parliament or Council can raise any objections to
the proposed changes. Once this two month period has lapsed in mid-Decem-
ber, or earlier if the Parliament and Council confirm to the Commission that
they have no objections, the Regulation will be published in the Official Jour-
nal and will take effect the following day.
An overview of the proposed changes is provided in the comprehensive
change note summary, which can be accessed here, and the full text can be
accessed here.
Of particular interest from these changes are the amendments to Category 5
part 2. These amendments are aimed at making the associated control entries
more user friendly. The key changes to note are as follows:
There is a new decontrol note for ‘information security’ items that are specially designed for a “connected civil industry application”, covering certain net-
work-capable endpoint devices limited to network connected consumer or civil industry applications other than “information security”, digital communication, general purpose networking or computing, and also covering certain network-ing equipment specially designed to communicate with such devices. Addi-tional parameters also apply governing the cryptographic functionality and the standards implemented, which items must satisfy in order to quality for this decontrol.
The defined term “described security algorithm” replaces the references to
key length strength thresholds in the main control text. The existing strength thresholds for symmetric and asymmetric algorithms are kept in the new defi-nition, along with alternative new criteria for certain quantum-resistant asym-metric algorithms.
The new threshold for quantum-resistant cryptography includes algorithms
where the security is based on:
Shortest vector or closest vector problems associated with lattices (e.g., NewHope, Frodo, NTRUEncrypt, Kyber, Titanium);
Finding isogenies between Supersingular elliptic curves (e.g., Su-persingular Isogeny Key Encapsulation); or
Decoding random codes (e.g., McEliece, Niederreiter).
The definition of cryptographic activation remains unchanged but the controls for software and technology converting or enabling controlled cryptographic functionality has been rewritten using a local definition of a “cryptographic activation token”, to make it clearer what kinds of software and technology
are liable to be caught by these controls.
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 de-
velopments and issues of signifi-
cance or interest. They should not
be regarded or relied upon as legal
advice or opinion. Baker McKenzie
advises on all aspects of Interna-
tional Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel
Washington, D.C. +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 format-
ting 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 auto-
mated program and are for infor-
mation purposes only. Depending
on the language, readers with the
Chrome browser should be able to
automatically get a rough to excel-
lent English translation.
Credits:
Unless otherwise indicated, all in-formation is taken from official inter-national 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 infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
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Limited substantive changes are also made to Categories 1, 2, 3, 6, 8 and 9
(although minor and editorial changes are made to other Categories).
This month the European Commission also published its latest annual report
covering the implementation of the Dual-Use regime in 2018, and including
aggregated export data for 2017. This notes changes to national implementing
export control legislation – chiefly the measures introduced in Italy in 2017 and
in Luxembourg in 2018, as well as referencing guidance on cloud exports is-
sued by the Netherlands authority in 2018.
Other key statistics and trends from the report include:
There were 120 breaches of export control regulations recorded in 2017, with 130 administrative penalties and 2 criminal penalties applied by national law enforcement authorities.
Around 25600 single export licenses were issued in 2017, with approximately 631 denials during the same period.
Within these licence applications, an increasing trend is observed since 2014 in licensing applications for cyber-surveillance items (including 5A001.f 5A001.j 4A005, 4D004, 4E001). In 2017, the most recent year for which ag-gregate figures are reported, 285 of these licenses were awarded, whilst 34 were denied.
The full annual report can be accessed here.
EU-Singapore trade agreement to enter into force on 21 Novem-ber
On 8 November 2019, the European Commission announced that EU Member
States endorsed the trade agreement between the EU and Singapore allowing
the EU’s first agreement with a Southeast Asian country to enter into force as
soon as 21 November. According to the announcement:
Singapore is by far the EU's largest trading partner in the Southeast Asian region, with total bilateral trade in goods of over €53 billion and another €51 billion of trade in services. Over 10,000 EU companies are established in Singapore and use it as a hub for the whole Pacific region. Singapore is also the number one location for European investment in Asia, with investment between the EU and Singapore growing rapidly in recent years: combined bilateral investment stocks reached €344 billion in 2017.
Under the trade agreement, Singapore will remove all remaining tariffs on EU
products. The agreement also provides new opportunities for EU services' provid-ers, among others in sectors such as telecommunications, environmental services, engineering, computing and maritime transport. It will also make the business en-vironment more predictable. The agreement will also enable legal protection for 190 iconic European food and drink products, known as Geographical Indications. Singapore is already the third-largest destination for such European speciality products. Singapore also agreed to remove obstacles to trade besides tariffs in key sectors, for instance by recognising the EU's safety tests for cars and many electronic appliances or by accepting labels that EU companies use for textiles.
MEMO: Key elements of the EU-Singapore trade and investment agree-ments
Texts of the trade and investment agreements
Factsheets about the EU-Singapore agreements
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The EU and Singapore have also concluded an investment protection agree- ment, which can enter into force after it has been ratified by all EU Member States according to their own national procedures.
Commission issues tariff classification regulations
No tariff classification regulations were issued by the
European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Of-
ficial 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 correct tariff classi- fication 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 Commu- nity, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Mem- ber State which issued it. However, remember that, according to the provi- sions for data protection, there are limitations as to the information an admin- istration 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 docu- ments relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on spe- cific substances and fishing rights) were published in the Official Journal of the European Union:
OJ Date Subject
04-11-19
Commission Implementing Regulation (EU) 2019/1839 of 31 October 2019 amending Implementing Regulation (EU) 2017/1152 as regard the determina-tion and reporting of WLTP CO2 values for certain categories of new light com-mercial vehicles and adjusting the input data for the correlation tool
Commission Implementing Regulation (EU) 2019/1840 of 31 October 2019 amending Implementing Regulation (EU) 2017/1153 as regards the reporting of WLTP CO2 values for certain categories of new passenger cars and adjusting the input data for the correlation tool
05-11-19
Commission Implementing Regulation (EU) 2019/1844 of 22 October 2019 granting a Union authorisation for the biocidal product family ‘BPF_Iodine_VET’
Commission Delegated Directive (EU) 2019/1845 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Di-rective 2011/65/EU of the European Parliament and of the Council as regards an exemption for bis(2-ethylhexyl) phthalate (DEHP) in certain rubber compo-nents used in engine systems
Commission Delegated Directive (EU) 2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Di-rective 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines
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OJ Date Subject
Regulation No 29 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle [2019/1850]
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 Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
07-11-19
Commission Regulation (EU) 2019/1857 of 6 November 2019 amending Annex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products
Commission Regulation (EU) 2019/1858 of 6 November 2019 amending Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products
Commission Implementing Decision (EU) 2019/1861 of 31 October 2019 amending Implementing Decision (EU) 2016/587 in order to clarify whether the scope of that Implementing Decision includes exterior LED lighting fitted to cer-tain not off-vehicle charging hybrid electric M1 vehicles (NOVC-HEV)
08-11-19
Council Decision (EU) 2019/1864 of 24 October 2019 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation in the context of negotiations under Article XXVIII of the GATT 1994 on the modification of Switzerland’s WTO concessions with regard to seasoned meat
Commission Regulation (EU) 2019/1869 of 7 November 2019 amending and correcting Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for certain undesirable substances in animal feed
Commission Regulation (EU) 2019/1870 of 7 November 2019 amending and correcting Regulation (EC) No 1881/2006 as regards maximum levels of erucic acid and hydrocyanic acid in certain foodstuffs
Commission Regulation (EU) 2019/1871 of 7 November 2019 on reference points for action for non-allowed pharmacologically active substances present in food of animal origin and repealing Decision 2005/34/EC
Commission Implementing Regulation (EU) 2019/1872 of 7 November 2019 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Ja-pan in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union
Commission Implementing Regulation (EU) 2019/1873 of 7 November 2019 on the procedures at border control posts for a coordinated performance by compe-tent authorities of intensified official controls on products of animal origin, germi-nal products, animal by-products and composite products
11-11-19
Commission Implementing Regulation (EU) 2019/1881 of 8 November 2019 amending Regulation (EU) No 37/2010 to classify the substance diflubenzuron as regards its maximum residue limit (Text with EEA relevance)
Commission Recommendation (EU) 2019/1888 of 7 November 2019 on the monitoring of the presence of acrylamide in certain foods
12-11-19
Commission Regulation (EU) 2019/1892 of 31 October 2019 amending Reg-ulation (EU) No 1230/2012 as regards type-approval requirements for cer-tain motor vehicles fitted with elongated cabs and for aerodynamic de-vices and equipment for motor vehicles and their trailers ( 1 )
Commission Implementing Decision (EU) 2019/1895 of 7 November 2019 recognising several islands in Portugal as free from varroosis and amend-ing the Annex to Implementing Decision 2013/503/EU (notified under docu-ment C(2019) 7905)
Agreement on the withdrawal of the United Kingdom of Great Britain and North-ern Ireland from the European Union and the European Atomic Energy Commu-nity [2019/C I/01]
Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom [2019/C I/02]
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OJ Date Subject
13-11-19
Commission Implementing Decision (EU) 2019/1900 of 12 November 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) 8161)
14-11-19
Notice concerning the date of entry into force of the Free Trade Agreement be-tween the European Union and the Republic of Singapore
Commission Regulation (EU) 2019/1901 of 7 November 2019 amending Regu-lation (EC) No 1881/2006 as regards maximum levels of citrinin in food supple-ments based on rice fermented with red yeast Monascus purpureus
Council Decision (EU) 2019/1908 of 8 November 2019 on the position to be taken, on behalf of the European Union, in the Council for Trade in Goods of the World Trade Organization as regards the rules of procedure of the Committee on Trade Facilitation
Council Decision (EU) 2019/1875 of 8 November 2019 on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singa-pore
Free trade Agreement between the European Union and the Republic of Singapore
Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regu-lations (EU) No 1052/2013 and (EU) 2016/1624
Commission Notice Guidance document on the export, re-export, import and in-tra-Union trade of rhinoceros horns [2019/C 386/04]
15-11-19
Council Decision (EU) 2019/1911 of 8 November 2019 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 modifi-cations to UN Regulations Nos 0, 16, 17, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150, as regards the proposal for modifications to Global Technical Regulation (GTR) No 2, as regards the proposal for amendments to Mutual Resolution MR.1, as re-gards the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5, and as regards the proposals for authorisations to develop an amend-ment to GTR No 6 and to develop a new GTR on the Determination of Electri-fied Vehicle Power
Decision No 1/2019 of the EU-Georgia Association Committee in Trade Config-uration of 18 October 2019 updating Annex III-A to the Association Agreement [2019/1913]
Decision No 2/2019 of the EU-Georgia Association Committee in Trade Config-uration of 18 October 2019 updating Annex XVI to the Association Agreement [2019/1914]
Corrigendum to Commission Implementing Regulation (EU) 2019/1776 of 9 Oc-tober 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (Official Journal of the European Union L 280 of 31 October 2019)
18-11-19 Commission Implementing Regulation (EU) 2019/1916 of 15 November 2019 laying down detailed provisions as regards the use of rear aerodynamic devices pursuant to Council Directive 96/53/EC
19-11-19
Commission Implementing Regulation (EU) 2019/1921 of 18 November 2019 correcting the Danish language version of Implementing Regulation (EU) No 873/2011 concerning the classification of certain goods in the Combined No-menclature
Commission Directive (EU) 2019/1922 of 18 November 2019 amending, for the purposes of adaptation to technical and scientific developments, point 13 of part III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards aluminium ( 1 )
Corrigendum to Commission Regulation (EC) No 2019/1870 of 7 November 2019 amending and correcting Regulation (EC) No 1881/2006 as regards maxi-mum levels of erucic acid and hydrocyanic acid in certain foodstuffs ( OJ L 289, 8.11.2019 )
20-11-19 Commission Implementing Regulation (EU) 2019/1927 of 19 November 2019 on the derogations from the ‘originating products’ rules laid down in the Free Trade
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Agreement between the European Union and the Republic of Singapore that ap-ply within the limits of annual quotas for certain products from Singapore
Commission Directive (EU) 2019/1929 of 19 November 2019 amending Appen-dix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council for the purpose of adopting specific limit values for chemicals used in certain toys, as regards formaldehyde
Commission Implementing Decision (EU) 2019/1931 of 19 November 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) 8424) ( 1 )
21-11-19
Council Decision (EU) 2019/1932 of 18 November 2019 on the position to be taken, on behalf of the European Union, within the ACP-EU Committee of Am-bassadors as regards the adoption of a decision to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement
22-11-19
Council Decision (EU) 2019/1934 of 18 March 2019 on the signing, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union
25-11-19
Commission Regulation (EU) 2019/1939 of 7 November 2019 amending Regu-lation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and maintenance information, measurement of emissions during cold engine start periods and use of portable emissions measurement systems (PEMS) to measure particle numbers, with re-spect to heavy duty vehicles
Council Decision (EU) 2019/1941 of 18 November 2019 establishing the posi-tion to be taken, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the list of arbitrators
Commission Implementing Decision (EU) 2019/1942 of 22 November 2019 not approving carbendazim as an existing active substance for use in biocidal prod-ucts of product-type 9
26-11-19
Commission Implementing Regulation (EU) 2019/1947 of 22 November 2019 concerning the authorisation of cassia gum as a feed additive for cats and dogs
Commission Implementing Decision (EU) 2019/1950 of 25 November 2019 postponing the expiry date of approval of K-HDO for use in biocidal products of product-type 8
Commission Implementing Decision (EU) 2019/1951 of 25 November 2019 postponing the expiry date of approval of tebuconazole for use in biocidal prod-ucts of product-type 8
Commission Implementing Decision (EU) 2019/1952 of 25 November 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) 8592)
Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic prod-ucts and repealing Council Regulation (EC) No 834/2007 ( OJ L 150, 14.6.2018)
27-11-19
Council Decision (EU) 2019/1954 of 18 November 2019 establishing the posi-tion to be adopted, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the rules of procedure for mediation, the rules of procedure for arbitration and the code of conduct for arbitrators
Council Decision (EU) 2019/1955 of 21 November 2019 on the position to be taken on behalf of the European Union within the General Council of the World Trade Organization as regards the adoption of a decision on the review of the
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OJ Date Subject
Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products (‘TRQ Understanding’)
Commission Implementing Decision (EU) 2019/1956 of 26 November 2019 on the harmonised standards for electrical equipment designed for use within cer-tain voltage limits and drafted in support of Directive 2014/35/EU of the Euro-pean Parliament and of the Council
Commission Implementing Decision (EU) 2019/1958 of 25 November 2019 on a derogation from mutual recognition of an authorisation for a biocidal product containing hydrogen cyanide by Poland in accordance with Article 37 of Regula-tion (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2019) 8346)
Commission Implementing Decision (EU) 2019/1959 of 26 November 2019 not approving silver sodium hydrogen zirconium phosphate as an existing active substance for use in biocidal products of product-types 2 and 7 ( 1 )
Commission Implementing Decision (EU) 2019/1960 of 26 November 2019 not approving silver zeolite as an existing active substance for use in biocidal prod-ucts of product-types 2 and 7 ( 1 )
28-11-19
Commission Implementing Regulation (EU) 2019/1964 of 26 November 2019 concerning the authorisation of L-lysine base, liquid, L-lysine monohydrochlo-ride, liquid, L-lysine monohydrochloride, technically pure, and L-lysine sulphate as feed additives for all animal species
Commission Implementing Regulation (EU) 2019/1965 of 26 November 2019 concerning the authorisation of sodium molybdate dihydrate as feed additive for sheep
Commission Regulation (EU) 2019/1966 of 27 November 2019 amending and correcting Annexes II, III and V to Regulation (EC) No 1223/2009 of the Euro-pean Parliament and of the Council on cosmetic products
Commission Implementing Decision (EU) 2019/1969 of 26 November 2019 postponing the expiry date of approval of IPBC for use in biocidal products of product-type 8
Commission Implementing Decision (EU) 2019/1972 of 26 November 2019 amending Implementing Decision 2013/764/EU concerning animal health con-trol measures relating to classical swine fever in certain Member States (notified under document C(2019) 8396)
Commission Implementing Decision (EU) 2019/1973 of 27 November 2019 not approving silver copper zeolite as an existing active substance for use in bio-cidal products of product-types 2 and 7
29-11-19
Commission Implementing Regulation (EU) 2019/1976 of 25 November 2019 authorising the placing on the market of Phenylcapsaicin as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
Commission Implementing Regulation (EU) 2019/1977 of 26 November 2019 concerning the authorisation of phenylmethanethiol, benzyl methyl sulfide, sec-pentylthiophene, tridec-2-enal, 12-methyltridecanal, 2,5-dimethylphenol, hexa-2(trans),4(trans)-dienal and 2-ethyl-4-hydroxy-5-methyl-3(2H)-furanone as feed additives for cats and dogs
Commission implementing Regulation (EU) 2019/1979 of 26 November 2019 authorising the placing on the market of 2'-Fucosyllactose/Difucosyllactose mix-ture as a novel food under Regulation (EU) 2015/2283 of the European Parlia-ment and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
Commission Implementing Regulation (EU) 2019/1981 of 28 November 2019 amending Implementing Regulation (EU) 2019/626 as regards lists of third countries and regions thereof authorised for the entry into the European Union of snails, gelatine and collagen, and insects intended for human consumption
Commission Implementing Decision (EU) 2019/1992 of 27 November 2019 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States by prolonging its period of application (notified under document C(2019) 8571)
Commission Implementing Decision (EU) 2019/1994 of 28 November 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal
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health control measures relating to African swine fever in certain Member States (notified under document C(2019) 8745)
Commission Regulation (EU) 2019/1933 of 6 November 2019 establishing the ‘Prodcom list’ of industrial products referred to in Council Regulation (EEC) No 3924/91
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date Restrictive Measure
06-11-19 Commission Implementing Regulation (EU) 2019/1853 of 5 November 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific re-strictions on economic and financial relations with Iraq
11-11-19
Commission Implementing Regulation (EU) 2019/1883 of 8 November 2019 amending for the 307th time Council Regulation (EC) No 881/2002 imposing cer-tain specific restrictive measures against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations
12-11-19
Council Regulation (EU) 2019/1889 of 11 November 2019 amending Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Vene-zuela
Council Regulation (EU) 2019/1890 of 11 November 2019 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Medi-terranean
Council Implementing Regulation (EU) 2019/1891 of 11 November 2019 imple-menting Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
Council Decision (CFSP) 2019/1893 of 11 November 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela
Council Decision (CFSP) 2019/1894 of 11 November 2019 concerning restrictive measures in view of Turkey's unauthorised drilling activities in the Eastern Medi-terranean
18-11-19
Corrigendum to Council Decision 2011/299/CFSP of 23 May 2011 amending De-cision 2010/413/CFSP concerning restrictive measures against Iran ( OJ L 136, 24.5.2011 )
Corrigendum to Council Regulation (EU) No 267/2012 of 23 March 2012 con-cerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 ( OJ L 088, 24.3.2012 )
25-11-19
Council Implementing Regulation (EU) 2019/1943 of 25 November 2019 imple-menting Regulation (EU) 2016/1686 imposing additional restrictive measures di-rected against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, enti-ties or bodies associated with them
Council Decision (CFSP) 2019/1944 of 25 November 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investi-
gations, Orders & Reviews section below.
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Individual Countries
FRANCE
Notices to importers
The following notices were posted by Directorate General of Customs and In-
direct Taxes (For laws and regulations, decrees, etc. please see listings under
Other EU-EFTA Notices - Import-export related measures, below) :
Release Date
Ref. No. and Subject
07-11-19
2019/76 - Notice to Importers of certain polyvinyl alcohols originating in China
2019/77 – Notice to importers of certain citrus fruits prepared or preserved origi-nating in China
20-11-19 2019/78 – Notice to traders on the entry into force of the EU-Singapore trade agreement
28-11-19 2019/79 - Notice to importers of steel from China
29-11-19 2019/80 – Notice to importers of threaded, molded, malleable cast iron and sphe-roidal graphite cast iron fittings originating in China and Mfd. by Jinan Meide Cast-ings Co.Ltd.
SWITZERLAND
Federal Council gives green light to exceptions to North Korea sanctions
On 6 November, the Federal Council announced that it made selective adjust-
ments to sanctions against the Democratic People’s Republic of Korea. This
means that the exceptions to the export ban agreed by the United Nations Se-
curity Council Sanctions Committee can now be implemented. The amend-
ment will come into force on 1 December 2019.
The Ordinance on Measures against the Democratic People’s Republic of Korea prohibits the sale, delivery, export, transit and transport of all goods under customs tariff numbers 72 to 89, including some medical and orthopaedic equipment. In ac-cordance with the corresponding Security Council resolutions, the Ordinance has until now only provided for a possible exemption for ships.
The amendment to the Ordinance means that the delivery of humanitarian aid and other goods for which an exception has been granted by the UN Security Council sanctions committee can in future also be authorised under Swiss law. This will in-crease legal certainty for those involved.
Nothing will change for exporters of such goods. SECO will still have to be notified in advance of all exports. In addition, all shipments to North Korea will continue to be physically inspected.
Contact: Philippe Reich
Recueil officiel
Date Measure
01-11-19 Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.442.106)
05-11-19
DFI Ordinance on Maximum Levels for Residues of Pharmacologically Active Substances and Feed Additives in Foods of Animal Origin (ORésDAlan) (RS 817.022.13)
Ordinance of the DFI on the safety of toys (Ordinance on toys, OSJo) (RS 817.023.11)
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Date Measure
Ordinances of the DFI on materials and articles intended to come into contact with foodstuffs (Ordinance on Materials and Articles) (RS 817.023.21)
Ordinance of the DFI on articles intended to come into contact with the mucous membranes, the skin or the hair and capillary system, and on candles, matches, lighters and joke articles (Ordinance on articles intended to come into contact with contact with the human body, OCCH) (RS 817.023.41)
Ordinance of the DFI on Aerosol Generators (RS 817.023.61)
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)
12-11-19 Ordinance on the Energy Efficiency Requirements of Serially Manufactured Fa-cilities, Vehicles and Appliances (OEEE Ordinance on Energy Efficiency Re-quirements) (RS 730.02)
13-11-19
FSVO Ordinance on the Importation of Food Originating in or Coming from Ja-pan (RS 817.026.2)
Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.443.106)
14-11-19 Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.443.106)
15-11-19
Ordinance of the DFI on the control of the circulation of protected fauna and flora species (Ordinance on CITES controls) (RS 453.1)
DETEC Ordinance on Energy Efficiency Data for New Passenger Cars (OEE-VT) (RS 730.022.2)
Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)
Decision № 1/2017 of the EFTA-Turkey Joint Committee amending Protocol B concerning the definition of the concept of “originating products” and methods of administrative cooperation of the Agreement of 10 December 1991 between the EFTA countries and Turkey (RS 0.632.317.631)
19-11-19
Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.443.106)
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)
26-11-19
Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on Customs relief, OADou) (RS 631.012)
Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)
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)
29-11-19 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)
Restrictive measures established, amended, corrected
The following restrictive measures were established, amended or corrected
and published during the period covered by this Update. *The date shown
may be the signature date, release date or publication date, depending on lo-
cal practice.
Date* Restrictive Measure
05-11-19 Amendment to the Ordinance instituting measures against Syria (RS 946.231.172.7) [Entry into force: 15-11-19]
06-11-19 Amendment to Ordinance of 2 October 2000 on Measures against Persons and Organizations Related to Usama bin Laden, the Al Qaïda Group or the Taliban (RS 946.203) [Entry into force: 05-11-19]
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Date* Restrictive Measure
08-11-19 Amendment to the Ordinance instituting measures against Burundi (RS 946.231.121.8) [Entry into force 08-11-19]
12-11-19 Order instituting measures against the Democratic People's Republic of Korea (RS 946.231.127.6) [Entry into force: 01-12-19]
21-11-19 Amendment to the Ordinance of 28 March 2018 on Measures against Venezuela (SR 946.231.178.5) [Entry into force: 22-11-19]
29-11-19 Amendment to the Ordinance of 11 November 2015 instituting measures against the Islamic Republic of Iran (RS 946.231.143.6) [Entry into force: 03-12-19]
UNITED KINGDOM
Sanctions clauses and US extraterritorial sanctions under review at the English High Court – what can be learned from the Aegis and Lamesa cases?
In two judgments in the last year, the English High Court has examined sanc-
tions clauses in detail. Each case involved a refusal by parties to pay under an
agreement, citing risks under US extraterritorial (“secondary”) sanctions. The
Court’s judgments in these cases raise a number of issues for the drafting of
sanctions clauses, and highlight the need to consider carefully the scope of
the contract and the impacts that US sanctions may have upon its perfor-
mance.
See the rest of the article here.
Authors: Ross Denton and Andrew Rose.
Legislation (legislation.gov.uk)
Date Measure
12-11-19
SI 2019/1257 - Correction Slip 1 - These Regulations amend the Plant Health (Export Certification) (England) Order 2004 (S.I. 2004/1404) (the “2004 Regula-tions”) and the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/28
SI 2019/1236 - Correction Slip 1 - This Order amends various existing subordi-nate legislation making provision in connection with trade restrictions.
20-11-19 SI 2019/812 - Correction Slip 2 - These Regulations correct The Common Agri-cultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019
26-11-19 SI 2019/1476 - The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019
28-11-19
SSI 2019/407 - The Official Feed and Food Controls (Miscellaneous Amend-ments) (Scotland) Regulations 2019
SI 2019/1482 - The Official Feed and Food Controls (Wales) (Miscellaneous Amendments) Regulations 2019 / Rheoliadau Rheolaethau Swyddogol ar Fwyd Anifeiliaid a Bwyd (Cymru) (Diwygiadau Amrywiol) 2019
Restrictive measures established, amended, corrected
The following restrictive measures were established, amended or corrected
and published during the period covered by this Update. *The date shown
may be the signature date, release date or publication date, depending on lo-
cal practice.
Date* Restrictive Measure
01-11-19 SI 2019/1446 - The Terrorism Act 2000 (Proscribed Organisations) (Amend-ment) (No. 2) Order 2019
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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
22-11-19 Preferential trade deal between the EU and The Republic of Singapore (CIP16)
Tariff, Anti-Dumping and Other Notices
04-11-19
Changes to your customs authorisations in a no-deal Brexit
Notice 760: Customs Freight Simplified Procedures (CFSP)
UK Trade Tariff: excise duties, reliefs, drawbacks and allowances
05-11-19 Claim tariff quotas under transitional simplified procedures
Notice 375: Tariff quotas
08-11-19
Telepresence robot (Tariff notice 38)
Reusable water bottle (Tariff notice 39)
Clarifying the product under investigation for dumping polyvinyl alcohols from the People’s Republic of China (Anti-Dumping Duty 2369)
11-11-19 Notice 760: Customs Freight Simplified Procedures (CFSP)
Documents and other reference codes for data element 2/3 of CDS
18-11-19 Changes to commodity codes in chapters 29, 38 and 39 (Tariff stop press notice 41)
19-11-19 Overseas customs and tax administrations: help from HMRC experts
22-11-19
List of customs agents and fast parcel operators
International Exchange of Information Manual
Civil evasion penalties for Customs, Excise and VAT
CEP7500 - Civil evasion penalties for Customs, Excise and VAT: the investiga-tion process
25-11-19 IMPS04400 - Value for import VAT: normal rules: methods of calculating import VAT
26-11-19 Toy building blocks (Tariff notice 40)
27-11-19
Electronic Binding Tariff Information: service availability and issues
SPE14210 - Specific rules relating to Outward Processing: risk - exporting or im-porting gold and jewellery
28-11-19 Customs special procedures for the Union Customs Code (Notice 3001)
Meat and fish products (Tariff stop press notice 42)
29-11-19 Imports
OTHER EU-EFTA COUNTRIES
Import-export related measures
The following import, export or antibribery measures were published in the on-
line 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, de-
pending on local practice.
Date* Measure
ICELAND
04-11-19
№ 955/2019 (31-10-19) Regulation on (2) an amendment to Regulation no. 147/2016 on the imposition of special conditions for imports of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power plant.
08-11-19 № 978/2019 (07-11-19) Regulation on the allocation of tariff quotas for imports of agricultural products from the EU Member States.
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Date* Measure
11-11-19 № 983/2019 (06-11-19) Regulation amending Regulation no. 944/2014, on the safety of toys and their marketing in the European Economic Area.
13-11-19 № 992/2019 (07-11-19) Regulation on (4) an amendment to Regulation no. 674/2017 on health rules as regards animal by-products and derived products not intended for human consumption
20-11-19
№ 1004/2019 (05-11-19) Regulation on (10) amendment to Regulation no. 415/2014 on the classification, labeling and packaging of substances and prepa-rations
№ 1006/2019 (05-11-19) Regulation on (16) an amendment to Regulation no. 577/2013 on cosmetics
№ 1007/2019 (05-11-19) Regulation on (18) an amendment to Regulation no. 878/2014 on biocidal products
№ 1008/2019 (05-11-19) Regulation on (16) an amendment to Regulation no. 544/2015 on Plant Protection Products.
25-11-19 № 1016/2019 (19-11-19) Regulation on the entry into force of EU regulations on pharmaceuticals (XVI)
28-11-19
№ 1044/2019 (14-11-19) Regulation on (35) an amendment to Regulation no. 672/2008 on the maximum levels of pesticide residues in food and feed.
№ 1045/2019 (14-11-19)Regulation on (23) an amendment to Regulation no. 978/2011 on the entry into force of Regulation (EC) No 1408/2008 of the Euro-pean Parliament and of the Council 1333/2008 on food additives.
№ 1046/2019 (14-11-19) Regulation on (12) an amendment to Regulation no. 187/2015 on flavoring and certain food ingredients that have flavoring properties for use in and on foods
№ 1047/2019 (14-11-19) Regulation on (16) an amendment to Regulation no. 167/2015 on pharmacologically active substances and their classification as re-gards maximum residue levels in food of animal origin
№ 1048/2019 (14-11-19) Regulation on (7) an amendment to Regulation no. 327/2010 on the entry into force of European Union Regulation no. 1925/2006 on the addition of vitamins and minerals and certain other substances in food
№ 1050/2019 (14-11-19) Regulation on the entry into force of Commission Reg-ulation (EU) 2019/651 on the refusal of a health claim for food and refers to the development and health of children
29-11-19
№ 1061/2019 (13-11-19) Notice on branding of goods and services for trade-marks.
№ 1067/2019 (14-11-19) Regulation on (8) an amendment to Regulation no. 630/2014 on restrictions on the use of certain hazardous substances in elec-trical and electronic equipment
№ 1071/2019 (29-11-19) Regulation on (5) an amendment to Regulation no. 609/1996 on the handling of packaging and packaging waste
IRELAND (EIRE)
01-11-19 S.I. No. 533/2019 - European Communities (Kimberley Process) (Trade in Rough Diamonds) Regulations 2019
LIECHTENSTEIN
08-11-19 LGBI № 2019.267 Announcement of 5 November 2019 of the Swiss legislation applicable pursuant to the customs agreement in the Principality of Liechtenstein (Annexes I and II) (LR № 170.551.631)
22-11-19
LGBI № 2019.284 Statute of the Universal Postal Union (LR № 0.783.51)
LGBI № 2019.285 General Rules of Procedure of the Universal Postal Union (LR № 0.783.511)
LGBI № 2019.286 General Rules of Procedure of the Universal Postal Union (LR № 0.783.511)
LGBI № 2019.287 General Rules of Procedure of the Universal Postal Union (LR № 0.783.511)
LGBI № 2019.288 Universal Postal Union (LR № 0.783.52)
LGBI № 2019.289 Universal Postal Union (LR № 0.783.52)
LGBI № 2019.290 Universal Postal Union (LR № 0.783.52)
LGBI № 2019.291 Universal Postal Union (LR № 0.783.52)
NORWAY
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Date* Measure
01-11-19 FOR-2019-10-31-1446 Ministry of Health and Care Services Regulations on amendments to regulations on the addition of vitamins, minerals and certain other substances to foods
04-11-19
FOR-2019-10-31-1454 Ministry of Health and Care Services, Ministry of Trade and Industry, Ministry of Agriculture and Food Regulation amending the Regulation on special import conditions for feed and foodstuffs originating in or exported from Japan
07-11-19 FOR-2019-11-06-1470 Ministry of Agriculture and Food, Ministry of Trade and Industry, Ministry of Health and Care Services Regulations amending the regula-tions on additives for use in animal feed
11-11-19 FOR-2019-11-07-1483 Ministry of Health and Care Services, Ministry of Trade and Industry, Ministry of Agriculture and Food Regulations on amendments to regulations on additives for use in animal feed
18-11-19 FOR-2019-11-15-1516 Ministry of Agriculture and Food Regulations amending Regulations on import and transit of poultry and certain poultry products from third countries
19-11-19
FOR-2019-11-15-1522 Ministry of Children and Family Affairs Repeal of deci-sion on delegation of authority to the Ministry of Children and Family Affairs in accordance with the Act on the Finality and Stamping of Gold, Silver and Plati-num Products and the Act on the handling of consumer disputes
20-11-19
FOR-2019-11-15-1522 Ministry of Children and Family Affairs Repeal of deci-sion on delegation of authority to the Ministry of Children and Family Affairs in accordance with the Act on the Finality and Stamping of Gold, Silver and Plati-num Products and the Act on the handling of consumer disputes
22-11-19 FOR-2019-11-22-1550 Ministry of Finance Regulations on amendments to regu-lations on anti-money laundering and terrorist financing measures (some excep-tions in the lottery field)
POLAND
08-11-19 № 2165 - Regulation of the Minister of Health of October 24, 2019 amending the regulation on narcotic drugs, psychotropic substances, category 1 precursors and preparations containing these substances or substances
08-11-19
№ 2174 Ordinance of the Minister of Finance, Investment and Development of November 4, 2019 amending the ordinance on the place of rendering services and refunding the amount of input tax to the entity purchasing (importing) goods or services
12-11-19 № 2178 Announcement of the Speaker of the Sejm of the Republic of Poland of October 18, 2019 regarding the publication of a uniform text of the Act on the commercial quality of agri-food products
№ 2182 Announcement of the Speaker of the Sejm of the Republic of Poland of October 18, 2019 regarding the publication of a uniform text of the Act on health protection against the consequences of using tobacco and tobacco products
28-11-19
№ 2322 Announcement of the Prime Minister of 24 October 2019 on the an-nouncement of a uniform text of the Regulation of the Council of Ministers on the Tarnobrzeg special economic zone
№ 2332 Regulation of the Minister of State Assets of November 27, 2019 re-garding a detailed list of liquid fuels whose production, storage or transhipment, transmission or distribution, trade, including trade with foreign countries, re-quires a license and whose import requires an entry in the register of importing entities
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, un-
official translations.] *The date shown may be the signature date, release date
or publication date, depending on local practice.
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Date* Restrictive Measure
IRELAND (EIRE)
08-11-19 S.I. No. 538/2019 European Union (Restrictive Measures Against the Prolifera-tion and Use of Chemical Weapons) Regulations 2019
22-11-19
S.I. No. 574/2019 - European Union (Restrictive Measures concerning ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associ-ated with them) (No.2) Regulations 2019
S.I. No. 575/2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No.5) Regulations 2019
S.I. No. 578/2019 - European Union (Money Laundering and Terrorist Financing) Regulations 2019
LIECHTENSTEIN
08-11-19
LGBI № 2019.263 Order of 5 November 2019 amending the Regulation on measures against Burundi (LR № 946.224.5)
LGBI № 2019.264 Ordinance of 5 November 2019 on measures against Nicara-gua (LR № 946.224.8)
22-11-19 LGBI № 2019.283 Order of 19 November 2019 amending the Regulation on measures against Venezuela (LR № 946.224.7)
29-11-19 LGBI № 2019.296 Order of 26 November 2019 amending the Regulation on measures against the Democratic People's Republic of Korea (LR № 946.223.1)
Non EU-EFTA European Countries
TURKEY
Ministry of Trade announces new Customs Guidelines
On November 16, 2019, the Ministry of Trade (“Ministry”) announced the
launch of the Customs Guidelines (“Guidelines”). The Guidelines aim to pro-
vide guidance and inform individuals and companies of customs procedures.
What’s New?
The Guidelines are for individuals to carry out customs procedures. ”Individual
transactions” and “commercial transactions”. The “individual transactions” sec-
tion provides basic information on customs procedures and customs exemp-
tions for goods such as vehicles imported without returns; temporarily im-
ported vehicles; goods delivered through mail or fast cargo; special vehicles
for disabled persons; household goods; and cash and jewelry. The “commer-
cial transactions” section provides information on the customs rules; customs
operations; taxation of commodities; and temporary storage of goods.Conclu-
sion
The Ministry of Trade continues to take active steps to increase the efficiency
and ease of customs operations. The Ministry’s Guidelines contain simple and
comprehensive instructions.
For additional information contact: İlay Yılmaz, Can Sözer or Aybüke Gündel
Solak
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resmî Gazete.
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Date Subject
06-11-19 Communiqué Amending the General Communiqué on Customs (Customs Transactions) (Serial No: 102) (Customs Transactions) (Serial No: 161)
07-11-19 7190 Amendments to the Customs Law and Certain Laws
08-11-19
Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/30)
Communiqué on the Announcement of the Amendment to the Regulation on the Determination of the Institutions to Prepare Technical Legislation on In-creasing the Export of Turkish Products (Product Safety and Inspection: 2019/29)
09-11-19 Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/32)
11-11-19
Addendum to the Council of Ministers Decision No 30/9/2013 of 2013/5428 on the freezing of persons, entities or organizations listed by Decisions 1267 (1999), 1988 (2011) and 1989 (2011) of the United Nations Security Council (1) (Amendment to the list numbered) (Number of decisions: 1769)
Decree Amending the Decision on the Provision of Stamped Passports for Ex-porters (Number of Decisions: 1770)
16-11-19 Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/31)
21-11-19 Communiqué on Implementation of Surveillance in Imports (No: 2019/8)
22-11-19
Communiqué on Management of Quota and Tariff Quota in Imports (No: 2019/7)
Communiqué on Implementation of Surveillance in Imports (No: 2019/9)
Communiqué Amending the Communiqué on the Implementation of Surveil-lance in Imports (Communiqué No: 2018/4)
28-11-19 Communiqué on the Amendment of the Inward Processing Regime Communi-qué (Export: 2006/12) (Export: 2019/8)
UKRAINE
Legislation (laws, resolutions, orders, 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
01-11-19
On Adoption of the Draft Law of Ukraine on Prevention and Counteraction of Legalization (Laundering) of Proceeds from Crime, Financing Terrorism and Fi-nancing the Proliferation of Weapons of Mass Destruction Resolution of the Verkhovna Rada of Ukraine No. 268-IX of 01.11.2019
12-11-19 On holding a parliamentary hearing on “Building an effective intellectual prop-erty protection system in Ukraine” Resolution of the Verkhovna Rada of Ukraine No. 287-IX of 12.11.2019
12-11-19 On adoption as a basis of the draft Law of Ukraine on restriction of circulation of plastic bags in the territory of Ukraine Resolution of the Verkhovna Rada of Ukraine of 12.11.2019 number 290-IX
14-11-19
On the adoption of the Draft Law of Ukraine on Amendments to Section XX “Transitional Provisions” of the Tax Code of Ukraine on creation of conditions for ensuring fulfillment of Ukraine's obligations for separation of natural gas transportation activities under the Protocol on Ukraine's accession to the En-ergy Community Treaty, and Having regard to the relevant provisions of the As-sociation Agreement between Ukraine, of the one part, and the European Un-ion, the European Atomic Energy Community and their Member States, on the other hand Resolution of the Verkhovna Rada of Ukraine of 14.11.2019 № 299-IX
15-11-19 On adoption as a basis of the draft Law of Ukraine on amendments to the Law of Ukraine “On state regulation of production and circulation of alcohol of ethyl,
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Date Subject
cognac and fruit, alcoholic beverages, tobacco and fuel” concerning liberaliza-tion of activity in the field of production and circulation of ethyl alcohol Resolution of the Verkhovna Rada of Ukraine No. 303-IX of November 15 , 2019
On the settlement of certain issues of financing the costs related to the protec-tion of the rights and interests of Ukraine in the settlement of disputes under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, with the other party Resolution of the Cabinet of Ministers of Ukraine; Order, Model Document Form, Report, Statement dated 15.11.2019 No. 944
18-11-19
Approval of the List and volumes (value / weight / quantity) restricted or prohib-ited from moving through the line of demarcation and to / from humanitarian and logistic centers of goods, as well as goods that can be attributed to per-sonal effects Ministry of Mining, occupation of territories ; Order, List dated No-vember 18, 2019 No. 92 Registered: Ministry of Justice of Ukraine on 11/26/2019 № 1181/34152
20-11-19
On amendments to the Procedure of entry of persons, movement of goods to temporarily occupied territories in Donetsk and Luhansk regions and departure of persons, transfer of goods from such territories Resolution of the Cabinet of Ministers of Ukraine # 953 of 20.11.2019
EURASIAN ECONOMIC UNION (EAEU)
Decisions and recommendations of the Eurasian Economic Com-mission
The following Eurasian Economic Commission (EEC) decisions and recom-
mendations have been posted in the documents section of the Eurasian Eco-
nomic Commission documentation page. In general, only Решения,
Распоряжение and Recommendations having a direct effect on international
traders are listed. Most draft documents are not included.
Publication Date
Title
Council (Совет) of the Eurasian Economic Commission Решение
07-10-19
№ 96 (09-09-19) On amendments to the Procedure for the consideration of ap-plications (materials) on violation of the general rules of competition in cross-border markets
№ 97 (09-09-19) On amendments to Section III of the Unified List of Products (Goods) Subject to State Sanitary and Epidemiological Surveillance (Control) at the Customs Border and Customs Territory of the Eurasian Economic Union
№ 98 (09-09-19) On the draft decision of the Supreme Eurasian Economic Council “On Amending the Regulation on the Council on Agro-Industrial Policy of the Eurasian Economic Union”
18-10-19
№ 99 (08-08-19) On the categories of goods in respect of which a special cus-toms procedure is applied, the conditions for placing such categories of goods under a special customs procedure and the procedure for its application in or-der to organize and hold the 12th Ministerial Conference of the World Trade Or-ganization
19-11-19
№ 100 97 (06-21-19) On the condition for applying a separate criterion for the admissibility of specific subsidies
№ 101 (09-09-19) On the draft decision of the Supreme Eurasian Economic Council “On the Main Directions of the International Activities of the Eurasian Economic Union for 2020”
Board (Коллегии) of the Eurasian Economic Commission Решения
10-10-19 № 168 (08-10-19) About the Advisory Committee on State (Municipal) Procure-ment
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Publication Date
Title
№ 169 (08-10-19) On amendments to the list of standards containing the rules and methods of research (testing) and measurements, including sampling rules necessary for the application and implementation of the requirements of the technical regulation of the Eurasian Economic Union “On the safety of pack-aged drinking water, including natural mineral water” (TR EAEU 044/2017) and the implementation of conformity assessment of technical regulation objects
№ 170 (08-10-19) On approval of the list of products in respect of which the submission of a customs declaration is accompanied by the submission of a conformity assessment document (information about the conformity assess-ment document) to the requirements of the technical regulation of the Eurasian Economic Union “On requirements for fire safety and fire fighting means” (EAEU TR 043/2017)
№ 171 (08-10-19) About the classifier of drug packaging components
№ 172 (08-10-19) On approval of the list of products in respect of which the submission of a customs declaration is accompanied by the submission of a document on conformity assessment (information on a conformity assessment document) to the requirements of the technical regulation of the Customs Union “Safety requirements for food additives, flavorings and technological aids” (TR TS 029/2012)
№ 173 (08-10-19) On the classification of the drug based on germ-free aque-ous substrates of the metabolism products of microorganisms in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
№ 174 (08-10-19) About modification of the Decision of the Commission of the Customs Union of September 20, 2010 No. 378
№ 175 (08-10-19) On amendments to some decisions of the Commission of the Customs Union and the Board of the Eurasian Economic Commission
№ 176 (08-10-19) On amendments to the Decision of the Board of the Eurasian Economic Commission of April 21, 2015 No. 30
№ 177 (08-10-19) On amendments to the Decision of the Board of the Eurasian Economic Commission of August 6, 2019 No. 137
14-10-19 № 178 (14-10-19) On amendments to paragraph 2 of the Decision of the Board of the Eurasian Economic Commission of September 22, 2015 No. 122
17-10-19
№ 179 (14-10-19) On the classification of the scraper planner in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
№ 180 (14-10-19) On the classification of a magnesium-containing preparation in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
№ 181 (14-10-19) On amendments to some decisions of the Board of the Eura-sian Economic Commission
№ 182 (14-10-19) On the directory of activities carried out by persons in rela-tion to goods subject to veterinary control (supervision)
23-10-19 № 183 (21-10-19) On amendments to the Decision of the Board of the Eurasian Economic Commission of May 10, 2016 No. 38
01-11-19
№ 184 (29-10-19) On the classification of the heat sink for the central proces-sor of a television receiver in accordance with the unified Commodity Nomen-clature of Foreign Economic Activity of the Eurasian Economic Union
№ 185 (29-10-19) On approval of the Rules for the implementation of the gen-eral process “Ensuring the exchange of electronic documents and (or) infor-mation between the customs authorities of the Member States of the Eurasian Economic Union in the process of controlling the transport of goods in accord-ance with the customs procedure of customs transit”
№ 186 (29-10-19) On technological documents governing information interac-tion during the implementation of the general process “Ensuring the exchange of information in the field of ensuring the uniformity of measurements contained in the information funds of the Member States of the Eurasian Economic Union” by means of the integrated information system of the Eurasian Economic Un-ion“
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Publication Date
Title
№ 187 (29-10-19) On the fulfillment by the Republic of Belarus of obligations within the framework of the functioning of the internal market of the Eurasian Economic Union
№ 188 (29-10-19) On the Establishment of the Import Customs Duty Rate of the Single Customs Tariff of the Eurasian Economic Union for Optical Glass Bars
№ 189 (29-10-19) On the classification of a backhoe loader in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eura-sian Economic Union
15-11-19
№ 190 (11-11-19) On approval of the Rules for the implementation of the gen-eral process “Ensuring the exchange of documents and (or) information be-tween the Eurasian Economic Commission and authorized bodies of the Mem-ber States of the Eurasian Economic Union while monitoring compliance with the general rules of competition in cross-border markets and competitive (anti-trust) legislation, as well as the introduction of state price regulation and chal-lenging the decisions of member states of the Eurasian Economic Union on its introduction’
№ 191 (11-11-19) On making changes to the composition of information on is-sued certificates of state registration of products that can be obtained by cus-toms authorities of the Member States of the Eurasian Economic Union, and the procedure for obtaining such information
№ 192 (11-11-19) On amendments to paragraph 2 of the Decision of the Board of the Eurasian Economic Commission of January 22, 2019 No. 8
№ 193 (11-11-19) On the Regulation on the Electricity Advisory Committee
№ 194 (11-11-19) On the Regulation on the Oil and Gas Advisory Committee
22-11-19
№ 195 (19-11-19) On approval of the terms of reference for the implementation of the project “Unified search system” Work without borders”
№ 196 (19-11-19) On the classification of paper bags in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
№ 197 (19-11-19) On amendments to the Internal Document Management Rules at the Eurasian Economic Commission
№ 198 (19-11-19) On the list of international and regional (interstate) stand-ards, and in case of their absence - national (state) standards, the application of which on a voluntary basis ensures compliance with the technical regulations of the Customs Union “On the safety of meat and meat products” (TR TS 034/2013 ), and the list of international and regional (interstate) standards, and in case of their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules of sam-pling required for the implementation and enforcement of the requirements of technical regulations of the Customs Union “On Safety of Meat and Meat Prod-ucts” (CU TR 034/2013) and the implementation of conformity assessment of technical regulation objects
№ 199 (19-11-19) On the certificate of ensuring the fulfillment of the obligation to pay customs duties and taxes
№ 200 (19-11-19) On the list of international and regional (interstate) stand-ards, and in case of their absence - national (state) standards, the application of which on a voluntary basis ensures compliance with the technical regulations of the Eurasian Economic Union “On requirements for fire safety and fire fighting” (TR EAEU 043/2017), and the list of international and regional (inter-state) standards, and in case of their absence - national (state) standards, con-taining their rules and methods of research (testing) and measurements, includ-ing the rules of sampling,
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Classification decisions adopted by the Commission and prelimi-nary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classifica-
tion decisions under the common tariff adopted by the Commission. A sepa-
rate website exists for preliminary decisions on the classification of goods
adopted by the customs authorities of states - members of the Eurasian Eco-
nomic Union. It was last updated 4 December 2019. The table lists the tariff
codes, a description, rationale (GRIs) for the decision.
Africa
AFCFTA
AfCFTA’s Three Trillion Dollar Opportunity
The African Continental Free Trade Area (AfCFTA) is a landmark deal that
aims to bring together 54 African countries with a combined population of
more than one billion people and a combined GDP of over USD 3 trillion. The
result: a single African market for goods and services, accompanied by the
free movement of people and capital.
Slated to take effect in June 2020, the agreement is expected to stimulate in-
traregional trade flows, address Africa's industrial deficit, and reduce the conti-
nent's over reliance on primary goods exports.
We have prepared a thought leadership report that ooks at the gains and ben-
efits for the continent as a whole, and examines the barriers to the deal's ef-
fective implementation.
Some of the report's key takeaways:
While AfCFTA will be positive for all the region's economies in the long term, costs and benefits are likely to be unevenly distributed across countries and sectors in the short term. Analysis by Oxford Economics reinforces that econ-omies will reap more benefits when they are more export-oriented, have a higher propensity for tariff reduction, or have more favorable business envi-ronments.
Africa's trade in services potential represents a way to overcome current pro-duction and industrialization limitations. With improved infrastructure and hu-man capital development, African nations can hopefully leverage regional partnerships to reduce their reliance on imports from non-African nations.
Currently, African countries are lagging behind the global average in terms of utility infrastructure. Within the AfCFTA context, reliable utility infrastructure is vital for businesses to be able to scale up production for regional export or to develop manufacturing bases.
A longer-term consideration of Africa's multiple currencies and exchange rate regimes is crucial. The continent should look to address exchange rate volatil-ity which concerns liquidity shortages and the inability to repatriate profits.
For additional information, please contact Wildu du Plessis (Johannesburg),
Mattias Hedwall (Stockholm), Mohamed A. Ghannam (Cairo), Kamal Nasrol-
lah (Casablanca), Virusha Subban (Johannesburg) or Morné van der Merwe
(Johannesburg).
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SOUTH AFRICA
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Date Publication
Details Subject
Implementation Date
15-11-19 GG.42840 R.1489
Amendment to Part 5A of Schedule No. 1, by the substitution of fuel levy item 195.20.01, in order to rectify the rate of fuel levy on biodiesel from 170,5c/kg to 170,5c/li
Notice R.1489
With retrospec-tive effect from
05-06-19
22-11-19
Explanatory memorandum to the amendments to Schedules No. 1, 4, 5 and 6 of the Customs and Excise Act No. 91 of 1964, to implement changes to the rates of customs duties in terms of the Eco-nomic Partnership Agreement between the Euro-pean Union and the Southern African Develop-ment Community EPA States for 2020 and other miscellaneous amendments
01-01-20
GG.42850 R.1515
Amendment to General Note G to Schedule No. 1, to insert the abbreviation and symbol “CO2e” to mean CO2 equivalent as well as amend note G. 47 to read as ton/tonne in the abbreviation to align with the wording in the Carbon Tax Act
Notice R.1515
GG.42850 R.1517
Amendment to Additional Notes to Chapter 11 by the substitution of Note 1(a) and Note 1(b) in Chapter 11 of section II to Part 1 of Schedule No. 1 as a consequence to the statement issued by the President of South Africa on 29 May 2019 regarding the merging of Govern-ment Departments
Notice R.1517
GG.42850 R.1514
Amendment to Part 1 of Schedule No. 1, to imple-ment changes to the rates of customs duties in terms of the Economic Partnership Agreement be-tween the European Union and the Southern Afri-can Development Community EPA States for 2020 and other miscellaneous amendments
Notice R.1514
GG.42850 R.1516
Amendment to Part 1 of Schedule No. 1, in terms of technical and other miscellaneous amendments
Notice R.1516
GG.42850 R.1518
Amendment to Note 5 in Schedule No. 4, in order to substitute the reference to form DA 331 to form TC-01 which refers to a traveller card used at ports of entry to declare personal and household effects
Notice R.1518
GG.42850 R.1519
Amendment to Part 1 of Schedule No. 4, by the substitution of item 409.00 as a consequence to the statement issued by the President of South Af-rica on 29 May 2019 regarding the merging of Government departments resulting in the Depart-ment of Agriculture, Forestry and Fisheries to be changed to Department of Agriculture, Land Re-form and Rural Development
Notice R.1519
GG.42850 R.1522
Amendment to Part 2 of Schedule No. 4, by the substitution of various items as a consequence to
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Date Publication
Details Subject
Implementation Date
the statement issued by the President of South Af-rica on 29 May 2019 regarding the merging of Government departments resulting in the Depart-ment of Agriculture, Forestry and Fisheries to be changed to Department of Agriculture, Land Re-form and Rural Development
Notice R.1522
GG.42850 R.1520
Amendment to Part 3 of Schedule No. 5, in order to delete refund items 537.00 and 537.02/87.00/01.02, as they were applicable to MIDP up to and including 31 December 2018. They have now become redundant
Notice R.1520
GG.42850 R.1521
Amendment to Part 3 Schedule No. 6, by the de-letion of rebate items 672.01, 672.01/105.10/01.01 and 672.01/105.10/02.01, as they have become redundant
Notice R.1521
GG.42850 R.1523
Amendment to Part 1 of Schedule No. 1, by the substitution of tariff subheading 8517.62.20, in or-der to exclude two-way radios from ad val-orem excise duties
Notice R.1523
With retrospec-tive effect from
01-04-18
GG.42850 R.1524
Amendment to Part 2B of Schedule No. 1, by the substitution of item 124.37.11, in order to exclude two-way radios from ad valorem excise duties
Notice R.1524
29-11-19 GG.42862 R.1549
Places where container depots may be estab-lished – Item 200.08
Notice R.1549 29-11-19
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 are designed to flag topics that are likely to affect multi-national busi-
nesses. Contacts for the Global VAT/GST Newsletter are:
Jochen Meyer-Burrow, Partner, [email protected]
Martin Morawski, Associate, [email protected]
Publications, Alerts, Newsletters
The following Baker McKenzie publications, client alerts, legal alerts, newslet-
ters or postings 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 – November 2019 {older issues}
Francophone Africa- Legal Alert November 2019 Newsletter (English and French)
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Subject
Insight: Japanese Government Revises Rules on Foreign Investment
Insight: Russia: Corporate Anti-Corruption Enforcement Research
Insight: Thai Exchange Control Law Relaxed to Stimulate Capital Outflows and Lessen Pressure on the Thai Baht: More Opportunity for Offshore Investment
Insight: Updates on Argentina, Sweden and the United Kingdom
Insight: Vietnam: New Circular 68 Guiding the Implementation of E-Invoicing
London IT/C Client Alert: Black Friday: buy today, but you can still return tomorrow
Presentation: Key Updates on Export Controls and Sanctions: US, EU/UK, APAC and Rus-sia
Publication: Global Financial Services Regulatory Guide
Publication: Guide to Doing Business in the United Arab Emirates 2019
Thailand Tax Client Alert: Second public hearing planned on draft act to reduce tax evasion
Ukraine Tax Client Alert: Ukraine ratifies protocol to amend tax treaty with Cyprus (Eng.); Україна ратифікувала Протокол про внесення змін до Конвенції про уникнення подвійного оподаткування з Кіпром
US International Trade Client Alert: Commerce Proposes Rules re Securing the Information and Communications Technology and Services Supply Chain; Comments Due on or Be-fore December 27
Vietnam Tax Alert: New Circular guiding the implementation of e-invoicing
Other areas
Australia Client Alert: Practical Guidance from the Myer case for Directors and Executives
China Intellectual Property News Byte (21 November 2019)
Insight: (Argentina) Promotion Regimes for Renewable Energies and Distributed Genera-tion
Insight: (US) SEC Enforcement Annual Report: Retail Focus Raises Regulatory Risk for In-vestment Advisers
Insight: BRI Beyond 2020: Embracing New Routes and Opportunities
Insight: Forms of Doing Business in Vietnam 2019
Insight: Hong Kong: SFC Clarifies Regulatory Standards for Electronic Record Keeping
Insight: UK High Court Finds Copyright Exists in Make-Up Palette and Powder Designs
Insight: UK Statement on Legal Status of Cryptoassets and Smart Contracts
Mexico Client Alert: New regulation for drone operations in Mexico (Eng.); Nueva normati-vidad para la operación de drones en México (Span.)
Mexico Client Alert: The Mexican Competition Commission (“COFECE”) has begun an in-vestigation of the aircraft fuel market. (Eng.); La Comisión Federal de Competencia Econó-mica (la “COFECE”) ha iniciado una investigación sobre el mercado de combustibles para aeronaves. (Span.)
Thailand: Newsletter - Fraud in the Workplace #3: Other fraud schemes in the workplace
Thailand: Publication – Doing Business in Thailand 2019 (November)
Ukraine Tax Client Alert: Ukraine ratifies protocol to amend tax treaty with Cyprus (Eng.); Україна ратифікувала Протокол про внесення змін до Конвенції про уникнення подвійного оподаткування з Кіпром (Ukr.)
Vietnam Financial Service / M&A Client Alert: Proposed cap on foreign ownership on inter-mediary payment services companies
Vietnam Renewable Energy: Updates of key changes to Draft Decision on the potential second Feed-in-Tariff Program from 1 July 2019 and the impact on private investors of so-lar power projects in Vietnam
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Webinars, Meetings, Seminars, Etc.
Our 16th annual Global Trade and Supply Chain Webinar Series was entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”. The series included updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments.We also covered Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour.
We expanded our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) was primarily
aimed at participants who were new to Global Trade and/or those who would like a refresher.
Jenny Revis, a partner in our London office and co-leader of the EMEA Customs practice, and others moderated these webinars and were joined by experts from across our global network.
If you missed a webinar or 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 approxi-mately two weeks after the live presentation.
Webinar Dates and Topics:
Date Topic
January 29 Basic: How to Classify Your Prod-ucts (Customs)
Speakers: Jose Hoyos-Robles (Mex-ico City), Olof Johannesson (Stock-holm), Andrew Rose (London), and Riza Buditomo (Jakarta)
February 26 Trade Wars vs. Free Trade Agree-ments (Brexit, TPP, NAFTA)
Speakers: Stu Seidel and Cindy Ow-ens DC), Jenny Revis (London), and Meera Rolaz (London)
March 19 Basic: Export controls and sanc-tions
Speakers: Ben Smith (London), Olof Konig (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amster-dam)
April 30 Export compliance investigation and disclosures
Details
Webinar Start Time: 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago 11:00 AM (Eastern) - 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: 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: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit:
REGISTER NOW!
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Speakers: Ross Denton (Lon-don), John McKenzie (San Fran-cisco), Anahita Thoms (Dusseldorf), and Lise Test (DC)
May 21 Basic: How to determine the origin of your products (Customs)
Speakers: Adrianna Ibarra-Fernan-dez (Mexico City), Jessica Mutton (Barcelona), and John F. McKenzie (San Francisco)
June 25 Overview of global ABC enforce-ment
Added: July 3
Speakers: Yindi Gesinde (Lon-don), Julian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shanghai). Moderator: Tristan Grimmer (Lon-don) What Happens if the JCPOA Col-lapses Speakers: Ross Denton and Ben Smith (London), Anahita Thoms (Dusseldorf), Inessa Owens (DC)
July 30 Basic: How to value your prod-ucts (Customs)
Speakers: Jennifer Revis and Meera Cordelia Lara Rolaz (London) Jon Cowley (Hong Kong), and Quentin Vander Schueren (Toronto)
August 27 Foreign investment review re-gimes around the world: Focus on US, EU, UK, Germany and Canada
Speakers: Ross Evans; (Lon-don) Rod Hunter and Sylwia Lis (DC), Anahita Thoms (Dusseldorf) and Yana Ermak (Toronto)
September 24 Basic: Overview of customs and imports developments: US, Brazil, China/Asia and Mexico
Speakers: Eunkyung Kim Shin (Chi-cago), Alessandra Machado (Sao Paolo), Jon Cowley and Tina Li (Hong Kong), and Armando De Lille (Monterrey)
October 29 Key updates on export controls and sanctions (US, EU/UK, APAC, Russia)
Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Mos-cow), and Anne Petterd (Singapore)
November 19 Basic: Overview of customs and imports developments: EU, Mid-dle East and Russia
Speakers: Nicole Looks (Frank-furt), Ana Royuela (Barcelona), Reg-gie Mezu (Dubai), and Vladimir Efremov (Moscow)
December 17 Managing Emerging Compliance Risks
Speakers: Tristan Grimmer (Lon-don), Christopher Burkett (Toronto), and Francesca Richmond (London)
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 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.
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!
Interested in learning more?
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RECORDED SESSIONS FROM OUR 2019
ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA
13 November 2019 – 2019 Year-End Review of Import/Export Developments (Export Controls and Economic Sanctions)
United States Export Control Developments
CFIUS Developments
European Union Export Control Developments
Asia/Pacific Export Control Developments
Canada Export Control Developments
Economic Sanctions
Export Control and Economic Sanctions Enforcement Developments
Click here to view and/or download all materials
14 November 2019 – 2019 Year-End Review of Import/Export Developments (Customs and Import Compliance Developments)
Trade Wars
Trade Agreements Developments
Customs and Import Developments: An Overview
Update on Foreign Import Regulations and Developments
Click here to view and/or download all materials
Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continu-ing Challenges in Global Trade” ended on December 8, 2018.
In 2018, we again expanded our usual program to include our Customs Academy, which
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featured six “Customs 101” webinars ( highlighted in green below). The Customs 101 pro-gram 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 classifica-tion, 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 Sup-ply Chains: Best Practices for Managing Grow-ing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto)
Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermcken-zie.com Questions: If you have any questions regard-ing 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 Vir-ginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uni-form CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certi-fied 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 un-der 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 & Forward-ers Association of America, Inc.
Interested in learning more?
January 30
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 Ex-port 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 McKenzie (Palo Alto)
May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Ni-cole Looks (Frankfurt) and Jenny Revis (Lon-don)
June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cow-ley (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 (Mex-ico), Nicole Looks (Frankfurt), and Stuart Seidel (DC)
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October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers:Armando de Lille-Calatayud (Mon-terrey), 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 Pro-cess
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 materials.
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
Update on Foreign Import Restrictions
Anti-Corruption Compliance and Trade Issues
Click here to view and/or download the materials.
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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
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 notifica-
tions in English posted by the WTO during the past month. If you are inter-
ested in obtaining copies of any of these notifications, please contact stu-
[email protected] who will try to obtain the text. Some notifica-
tions 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
Argentina ARG/379 10/25/2019 12/20/2019 Metallic packaging, linings, utensils, lids and equip-ment; Materials and articles in contact with food-stuffs
Argentina ARG/380 10/25/2019 Not given Lactose-free, and low and reduced lactose products
Argentina ARG/265/Add.2 10/25/2019 Not given Plant foods
Argentina ARG/302/Add.1 10/23/2019 Not given Plastic piping for the supply of gaseous fuels
Argentina ARG/381 11/04/2019 Not given
Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow (HS 2201)
Bahrain, Kingdom of BHR/565 11/06/2019 01/05/2020
Liquefied Petroleum Gas (LPG) cylinders are trans-ported by vehicles, due to importance of safety, some safety requirements have been established to reduce the risk of accidents
Bahrain, Kingdom of BHR/566 11/19/2019 01/18/2020 Concrete Reinforcement Steel Bars (HS Chapter: 7214)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Brazil BRA/931 11/05/2019 Not given HS Code(s): 84133090 (desalinated sea water)
Brazil BRA/932 11/05/2019 Not given HS Code(s): 30022000 (Vaccines)
Brazil BRA/810/Add.3 11/12/2019 Not given Refrigerated raw milk, pasteurized milk and milk type A HS 04.01
Brazil BRA/821/Add.5 11/12/2019 Not given Public Taking of subsidies
Brazil BRA/821/Add.6 11/12/2019 Not given Public Taking of subsidies
Brazil BRA/933 11/11/2019 Not given Telecommunication equipment
Brazil BRA/624/Add.3 11/14/2019 Not given Car body shell for road vehicles (HS 8707)
Brazil BRA/631/Add.3 11/14/2019 Not given Car body shell for road vehicles (HS 8707)
Brazil BRA/780/Add.1 11/25/2019 Not given HS CODE: 30 - pharmaceutical products
Brazil BRA/838/Add.1 11/25/2019 Not given Sugars and sugar confectionery (HS 17)
Brazil BRA/934 11/25/2019 Not given Telecommunication equipment - Valve Regulated Stationary Lead Acid Energy Accumulators
Brazil BRA/935 11/25/2019 Not given Telecommunication equipment - Valve regulated stationary lead acid energy accumulators for spe-cific applications
Brazil BRA/936 11/25/2019 Not given Telecommunication equipment - vented stationary lead acid energy accumulators for specific applica-tions
Brazil BRA/937 11/25/2019 Not given Telecommunication equipment - vented stationary lead acid energy accumulators
Brazil BRA/938 11/25/2019 Not given Telecommunication equipment - Vented stationary lead acid energy accumulators for specific applica-tions (low voltage photovoltaic systems)
Chile CHL/506 10/30/2019 12/29/2019 Radiopharmaceutical products
Chile CHL/507 11/06/2019 01/05/2020 Packaging of carton, metal, paper, plastic, liquid packaging carton (Tetra Pak) or glass
Chile CHL/406/Add.1 11/13/2019 Not given Honey
Costa Rica CRI/121/Add.4 11/19/2019 Not given Steel bars and wire for concrete reinforcement
Czech Republic CZE/247 11/04/2019 01/08/2020
Transfer media flow sensors with a multi-hole orifice plate; 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 in-struments and apparatus of heading 90.14, 90.15, 90.28 or 90.32 (HS 9026); Metrology and measure-ment. Physical phenomena (Vocabularies), Measur-ing instruments
Czech Republic CZE/248 11/04/2019 01/08/2020
Multi-orifice diaphragm gas flow sensors; Instru-ments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flowmeters, level gauges, ma-nometers, heat meters), excluding instruments and apparatus of heading 90.14, 90.15, 90.28 or 90.32 (HS 9026); Metrology and measurement. Physical phenomena (Vocabularies), Measuring instruments
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Czech Republic CZE/211/Add.1 11-26-2019 Not given Flow-through type vibrational relative gas density transducers
Ecuador ECU/363/Rev.1 10/28/2019 Not given Tubes, pipes and hoses, rigid: (HS 39172); Other tubes, pipes and hoses: (HS 39173); Fittings (HS 391740)
Ecuador ECU/370/Rev.1 10/28/2019 Not given Other prepared or preserved meat, meat offal or blood (HS 1602)
Ecuador ECU/372/Rev.1 10/28/2019 Not given
6907.21.00 - Of a water absorption coefficient by weight not exceeding 0.5%; 6907.22.00 - Of a water absorption coefficient by weight exceeding 0.5% but not exceeding 10% 6907.23.00 - Of a water absorp-tion coefficient by weight exceeding 10%; Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or di-atomite) or of similar siliceous earths (HS 6901); Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other than those of siliceous fossil meals or similar siliceous earths (HS 6902); Unglazed ceramic flags and paving, hearth or wall tiles; unglazed ceramic mosaic cubes and the like, whether or not on a backing.
Ecuador ECU/383/Rev.1 10/28/2019 Not given
Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow (HS 2201)
Ecuador ECU/397/Rev.1 10/28/2019 Not given
Of size and shape suitable for incorporation in vehi-cles, aircraft, spacecraft or vessels (HS 700711); Of size and shape suitable for incorporation in vehi-cles, aircraft, spacecraft or vessels (HS 700721); Other (HS 870829)
Ecuador ECU/404/Rev.1 10/28/2019 Not given Lead-acid, of a kind used for starting piston engines (HS 850710); Other lead-acid accumulators (HS 850720)
Ecuador ECU/414/Rev.1 10/28/2019 Not given Lifts and skip hoists (HS 842810); Escalators and moving walkways (HS 842840)
Ecuador ECU/426/Rev.1 10/28/2019 Not given
1701.13.00.00 -- Cane sugar specified in Subhead-ing Note 2 to this Chapter; 1701.14.00.00 -- Other cane sugar; - Other (HS 17019); Beet sugar (HS 170112)
Ecuador ECU/367/Rev.1 10/28/2019 Not given
Nuts, ground-nuts and other seeds, whether or not mixed together (HS 20081); Prepared foods ob-tained by the swelling or roasting of cereals or ce-real products (HS 190410); Prepared foods ob-tained from unroasted cereal flakes or from mix-tures of unroasted cereal flakes and roasted cereal flakes or swelled cereals (HS 190420); Flours, meals and pellets, of meat or meat offal; greaves (HS 230110)
Ecuador ECU/371/Rev.1 10/29/2019 Not given Soups and broths and preparations therefor; ho-mogenised composite food preparations (HS 2104)
Ecuador ECU/373/Rev.1 10/28/2019 Not given
8702.20 - With both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion; 8702.30 - With both spark-ignition internal combus-tion reciprocating piston engine and electric motor
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
as motors for propulsion; 8702.40 - With only elec-tric motor for propulsion; 8703.40 - Other vehicles, with both spark-ignition internal combustion recipro-cating piston engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.50 - Other vehicles, with both com-pression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.60 - Other vehicles, with both spark-ig-nition internal combustion reciprocating piston en-gine and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power; 8703.70 - Other vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power; 8703.80 - Other vehicles, with only electric motor for propulsion; Tractors (other than tractors of heading 87.09) (HS 8701); Motor vehicles for the transport of ten or more persons, including the driver (HS 8702); Motor cars and other motor vehi-cles principally designed for the transport of per-sons (other than those of heading 87.02), including station wagons and racing cars (HS 8703); Motor vehicles for the transport of goods (HS 8704); Spe-cial purpose motor vehicles, other than those princi-pally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units) (HS 8705); Chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (HS 8706)
Ecuador ECU/384/Rev.1 10/29/2019 Not given
040140 - Of a fat content, by weight, exceeding 6% but not exceeding 10%; 040150 - Of a fat content, by weight, exceeding 10%; Other (HS 190190); Of a fat content, by weight, not exceeding 1% (HS 040110); Of a fat content, by weight, exceeding 1% but not exceeding 6% (HS 040120); Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of nat-ural milk constituents, whether or not containing added sugar or other sweetening matter, not else-where specified or included (HS 0404); Cheese and curd (HS 0406); Butter and other fats and oils de-rived from milk; dairy spreads (HS 0405); Butter-milk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa (HS 0403); Milk and cream, concentrated or containing added sugar or other sweetening matter (HS 0402)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Ecuador ECU/401/Rev.1 10/29/2019 Not given Ice cream and other edible ice, whether or not con-taining cocoa (HS 2105); Other (HS 210690)
Ecuador ECU/441/Rev.1 10/29/2019 Not given Other (HS 841919); Heat exchange units (HS 841950)
Ecuador ECU/402/Rev.1 10/30/2019 Not given Sugar confectionery (including white chocolate), not containing cocoa (HS 1704)
Ecuador ECU/348/Rev.1 10/30/2019 Not given
Tableware, kitchenware, other household articles and toilet articles, of porcelain or china (HS 6911); Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china (HS 6912); - Other articles: (HS 68159)
Ecuador ECU/356/Rev.1 10/30/2019 Not given Coated corrugated steel culverts and structural plates for sewage conduits (HS 730890)
Ecuador ECU/377/Rev.1 10/30/2019 Not given Bicycles and other cycles (including delivery tricy-cles), not motorised (HS 8712); Other (HS 87149); Other (HS 871190)
Ecuador ECU/378/Rev.1 10/28/2019 Not given
Paints and varnishes (including enamels and lac-quers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and var-nishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium (HS 3209); Other paints and varnishes (in-cluding enamels, lacquers and distempers); pre-pared water pigments of a kind used for finishing leather (HS 3210); Other (HS 321290); Colours in sets (HS 321310); Glaziers' putty, grafting putty, resin cements, caulking compounds and other mas-tics; painters' fillings (HS 321410); Other (HS 390799)
Ecuador ECU/386/Rev.1 10/30/2019 Not given
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials (HS 6404); Other footwear (HS 6405); Other footwear (HS 64029); Other footwear with outer soles of leather (HS 64035); Other footwear (HS 64039); Covering the ankle but not covering the knee (HS 640192); Other (HS 640199); Other (HS 640219); Footwear with upper straps or thongs assembled to the sole by means of plugs (HS 640220); Other (HS 640319); Footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe (HS 640320)
Ecuador ECU/389/Rev.1 10/30/2019 Not given
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not pre-pared (HS 1902); Of wheat (HS 110311); Of maize (corn) (HS 110313); Bulgur wheat (HS 190430); Other (HS 190490); Crispbread (HS 190510); Gin-gerbread and the like (HS 190520); Rusks, toasted bread and similar toasted products (HS 190540)
Ecuador ECU/390/Rev.1 10/30/2019 Not given 090421 Dried, neither crushed nor ground; 090422 Crushed or ground; 090510 Neither crushed nor
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
ground; 090520 Crushed or ground; 090611 Cinna-mon (Cinnamomum zeylanicum Blume); 090619 Other; 090710 Neither crushed nor ground; 090720 Crushed or ground; 090811 Neither crushed nor ground; 090812 Crushed or ground; 090821 Neither crushed nor ground; 090822 Crushed or ground; 090831 Neither crushed nor ground; 090832 Crushed or ground; 090921 Neither crushed nor ground; 090922 Crushed or ground; 090931 Neither crushed nor ground; 090932 Crushed or ground; 090961 Neither crushed nor ground; 090962 Crushed or ground; 091011 Neither crushed nor ground; 091012 Crushed or ground; 091091 Mix-tures referred to in Note 1 (b) to this Chapter; Other (HS 121190); Mustard flour and meal and prepared mustard (HS 210330); Other (HS 210390); Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta (HS 0904); Vanilla (HS 0905); Cinnamon and cinna-mon-tree flowers (HS 0906); Cloves (whole fruit, cloves and stems) (HS 0907); Nutmeg, mace and cardamoms (HS 0908); Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries (HS 0909); Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices (HS 0910); Celery other than celeriac (HS 070940); Other vegetables; mixtures of vegetables (HS 071290)
Ecuador ECU/391/Rev.1 10/30/2019 Not given
Vinegar and substitutes for vinegar obtained from acetic acid (HS 2209); Tomato ketchup and other tomato sauces (HS 210320); Mustard flour and meal and prepared mustard (HS 210330)
Ecuador ECU/398/Rev.1 10/30/2019 Not given
Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70% by weight of petroleum oils or oils obtained from bituminous minerals (HS 3819)
Ecuador ECU/406/Rev.1 10/30/2019 Not given 852872 - Other, colour (Televisions)
Ecuador ECU/428/Rev.1 10/30/2019 Not given Electric instantaneous or storage water heaters and immersion heaters (HS 851610)
Ecuador ECU/454/Rev.1 11/04/2019 Not given
Other vegetables and mixtures of vegetables (HS 200490); Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter (HS 0811)
Ecuador ECU/458/Rev.1 10/30/2019 Not given Other electric conductors, for a voltage exceeding 1,000 V (HS 854460)
Ecuador ECU/436/Rev.1 11/06/2019 Not given Safety or relief valves (HS 848140); Other appli-ances (HS 848180)
Ecuador ECU/439/Rev.1 11/06/2019 Not given Drying machines (HS 84512)
Ecuador ECU/442/Rev.1 11/06/2019 Not given
Other wood screws (HS 731812); Self-tapping screws (HS 731814); Other screws and bolts, whether or not with their nuts or washers (HS 731815); Other (HS 731819)
Ecuador ECU/449/Rev.1 10/30/2019 Not given Tooth brushes, including dental-plate brushes (HS 960321)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Ecuador ECU/450/Rev.1 11/04/2019 Not given Padlocks (HS 830110)
Ecuador ECU/457/Rev.1 11/04/2019 Not given Other bars and rods of stainless steel; angles, shapes and sections of stainless steel (HS 7222)
Ecuador ECU/460/Rev.1 11/04/2019 Not given Other vehicles (HS 871680) (Hand-propelled wheel-barrows)
Ecuador ECU/462/Rev.1 10/30/2019 Not given Unframed (HS 700991) (Silvered flat glass mirrors)
Ecuador ECU/464/Rev.1 11/04/2019 Not given Pressure-reducing valves (HS 8481.10); Check (nonreturn) valves; (HS 8481.30); Other appliances (HS 8481.80)
Ecuador ECU/466/Rev.1 11/04/2019 Not given Roofing tiles (HS 690510)
Ecuador ECU/468/Rev.1 11/06/2019 Not given Other ovens; cookers, cooking plates, boiling rings, grillers and roasters (HS 851660)
Ecuador ECU/474/Rev.1 11/06/2019 Not given
962000: Monopods, bipods, tripods and similar arti-cles; Articles of yarn, strip or the like of heading 54.04 or 54.05, twine, cordage, rope or cables, not elsewhere specified or included (HS 5609); Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620); Other (HS 401590); Belts and bandoliers (HS 420330); Other clothing accessories (HS 420340); Other (HS 630790); Other (HS 731290); Other screws and bolts, whether or not with their nuts or washers (HS 731815); Other (HS 731829); Other (HS 732690); Other (HS 761090) (Personal protective equipment used to prevent falls from a height)
Ecuador ECU/385/Rev.1 11/06/2019 Not given
8703.31 - Of a cylinder capacity not exceeding 1,500 cc; Of a cylinder capacity not exceeding 1,000 cc (HS 870321); g.v.w. not exceeding 5 tonnes (HS 870421); g.v.w. not exceeding 5 tonnes (HS 870431); With reciprocating internal combus-tion piston engine of a cylinder capacity not exceed-ing 50 cc (HS 871110); With reciprocating internal combustion piston engine of a cylinder capacity ex-ceeding 50 cc but not exceeding 250 cc (HS 871120); With reciprocating internal combustion piston engine of a cylinder capacity exceeding 250 cc but not exceeding 500 cc (HS 871130); With re-ciprocating internal combustion piston engine of a cylinder capacity exceeding 500 cc but not exceed-ing 800 cc (HS 871140); With reciprocating internal combustion piston engine of a cylinder capacity ex-ceeding 800 cc (HS 871150)
Ecuador ECU/394/Rev.1 11/06/2019 Not given Window or wall types, self-contained or “split-sys-tem” (HS 841510); Other, incorporating a refrigerat-ing unit (HS 841582)
Ecuador ECU/399/Rev.1 11/06/2019 Not given
6813.20.00.00 Containing asbestos; 6813.81.00.00 Brake linings and pads; 6813.89.00.00 Other; Brakes and servo-brakes and parts thereof (HS 87083)
Ecuador ECU/408/Rev.1 11/06/2019 Not given
950300: Tricycles, scooters, pedal cars and similar wheeled toys; dolls' carriages; dolls; other toys; re-duced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds.
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Ecuador ECU/409/Rev.1 11/06/2019 Not given Oil or petrol-filters for internal combustion engines (HS 842123); Intake air filters for internal combus-tion engines (HS 842131); Other (HS 842199)
Ecuador ECU/415/Rev.1 11/06/2019 Not given
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711); Of a cylinder capacity not ex-ceeding 1,000 cc (HS 870321)
Ecuador ECU/416/Rev.1 11/06/2019 Not given
Baths, shower-baths, sinks and wash-basins (HS 392210); Other, including parts (HS 732490); Sani-tary ware and parts thereof (HS 741820); Other ap-pliances (HS 848180)
Ecuador ECU/422/Rev.1 11/06/2019 Not given Other jacks and hoists, hydraulic (HS 842542); Other (HS 842549)
Ecuador ECU/453/Rev.1 11/06/2019 Not given Desiccated (HS 080111); Dates (HS 080410); Apri-cots (HS 081310)
Ecuador ECU/472/Rev.1 11/06/2019 Not given Other (HS 392690); Other (HS 900490) (Personal face and eye protectors)
Ecuador ECU/461/Rev.1 11/04/2019 Not given Other centrifugal pumps (HS 841370)
Ecuador ECU/426/Rev.1/Add.1
11/20/2019 Not given
1701.13.00.00 -- Cane sugar specified in Subhead-ing Note 2 to this Chapter; 1701.14.00.00 -- Other cane sugar; - Other (HS 17019); Beet sugar (HS 170112)
Ecuador ECU/477 11/20/2019 01/25/2020 Other filament lamps, excluding ultra-violet or infra-red lamps (HS 85392)
Ecuador ECU/478 11/21/2019 01/20/2020
Other (HS 700719); Other (HS 700729); Paving blocks, slabs, bricks, squares, tiles and other arti-cles of pressed or moulded glass, whether or not wired, of a kind used for building or construction purposes; glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes; leaded lights and the like; multicellular or foam glass in blocks, panels, plates, shells or similar forms (HS 7016)
Egypt EGY/3/Add.19/Corr.1
11/12/2019 Not given Chemical, textile and engineering products
Egypt EGY/76/Add.1 11/12/2019 Not given Electrical lamps
Egypt EGY/233 11/12/2019 01/11/2020 Domestic safety, Domestic electrical appliances in general
Egypt EGY/234 11/12/2019 01/11/2020 Sacks. Bags
Egypt EGY/235 11/12/2019 01/11/2020 Furniture
Egypt EGY/236 11/12/2019 01/11/2020 Other wood-based panels
Egypt EGY/237 11/12/2019 01/11/2020 Plywood
European Union EU/689 11/04/2019 01/03/2020 Hazardous substances
European Union EU/690 11/04/2019 01/03/2020 Metalaxyl-M (pesticide active substance); Pesti-cides and other agrochemicals (ICS 6
European Union EU/691 11/07/2019 01/06/2020 Gunshot containing lead
European Union EU/692 11/18/2019 01/17/2020 Railway interoperability constituents, subsystems and vehicles
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European Union EU/679/Add.1 11/20/2019 Not given Electrical and electronic equipment
Grenada GRD/23 11/07/2019 02/08/2020 Specification for Packaged Water
Guyana GUY/53 11/26/2019 01/25/2020 Liquid Petroleum Gases Cylinders
Guyana GUY/54 11/26/2019 01/25/2020 Steel Compressed Gas Cylinders
India IND/112 11/18/2019 01/17/2020 Domestic Pressure Cooker
India IND/113 11/18/2019 01/17/2020 Steel Tubes, Tubulars and Other Wrought Steel Fit-tings, Steel Tubes for Structural Purposes and Steel Tubes Used for Water Wells
India IND/114 11/18/2019 01/17/2020
Heavy Duty Electric Cables, Cross-linked Polyeth-ylene Insulated Sheathed Cables, Aerial Bunched Cables, Elastomer Insulated Cables, Thermocouple Compensating Cables, Welding Cables, Elastomer Insulated Flexible Cables for use in mines, Flexible Cables for Miner's Cap Lamps, Shot Firing Cables and Halogen Free Flame Retardant (HFFR) Cables.
India IND/115 11/19/2019 01/18/2020
Rubber Hose for Liquefied Petroleum Gas (LPG)- IS 9573:2017 (Part I Industrial Application) and IS 9573:2017 (Part II Domestic and Commercial Appli-cation)
India IND/116 11/25/2019 01/24/2020 IS 5158: Phthalic Anhydride (HS code 29173500)
India IND/117 11/25/2019 01/24/2020
1. IS 14887 Textiles – High Density Polyethylene (HDPE)/Polypropylene (PP) Woven Sacks for pack-aging of 50 kilogram Foodgrains - Specification 2. IS 16208 Textiles – High Density Polyethylene (HDPE)/Polypropylene (PP) Woven Sacks for pack-aging 10 kilogram., 15 kilogram, 20 kilogram, 25 kil-ogram, and 30 kilogram Foodgrains - Specification 3. IS 14968 Textiles – High Density Polyethylene (HDPE)/Polypropylene (PP) Woven Sacks for pack-aging 50 kilogram/25 kilogram Sugar- Specification
Israel ISR/1076 11/11/2019 01/10/2020 Warming plates and similar appliances
Israel ISR/1077 11/11/2019 01/10/2020 Electrical oral hygiene appliances
Israel ISR/1078 11/11/2019 01/10/2020 Whirlpool baths and whirlpool spas
Israel ISR/1079 11/11/2019 01/10/2020 Electric foot warmers and heating mats
Israel ISR/1080 11/11/2019 01/10/2020 Electrical amusement machines and personal ser-vice machines
Israel ISR/1082 11/11/2019 01/10/2020 Vertically moving garage doors for residential use
Israel ISR/1076 11/11/2019 01/10/2020 Warming plates and similar appliances
Israel ISR/1077 11/11/2019 01/10/2020 Electrical oral hygiene appliances
Israel ISR/1078 11/11/2019 01/10/2020 Whirlpool baths and whirlpool spas
Israel ISR/1079 11/11/2019 01/10/2020 Electric foot warmers and heating mats
Israel ISR/1080 11/11/2019 01/10/2020 Electrical amusement machines and personal ser-vice machines
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Israel ISR/1081 11/12/2019 01/11/2020 Electrical fabric steamers;
Israel ISR/1082 11/11/2019 01/10/2020 Vertically moving garage doors for residential use
srael ISR/1083 11/26/2019 1/25/2020 Tumble dryers
Israel ISR/1084 11/26/2019 01/25/2020 Electrical deep fat fryers, frying pans and similar ap-pliances;
Israel ISR/1085 11/26/2019 01/25/2020 Electrical food waste disposers
Israel ISR/1086 11/26/2019 01/25/2020 Electrical appliances for skin exposure to optical ra-diation;
Israel ISR/1087 11/26/2019 01/25/2020 Electrical range hoods and other cooking fume ex-tractors;
Israel ISR/1088 11/26/2019 01/25/2020 Electrical insect killers;
Israel ISR/1089 11/26/2019 01/25/2020 Electrical water-bed heaters
Israel ISR/1090 11/26/2019 01/25/2020 Electrical commercial dispensing appliances and vending machines;
Israel ISR/1091 11/28/2019 01/27/2020 Vehicle lifts
Israel ISR/1092 11/28/2019 01/27/2020 Nickel systems of secondary cells and batteries containing alkaline
Israel ISR/1093 11/28/2019 01/27/2020 Lithium systems of secondary cells and batteries containing alkaline
Japan JPN/638 11/12/2019 01/11/2020 Radio station for cable TV transmission line com-plementation
Japan JPN/639 11/12/2019 01/11/2020 Radio station for Field Pickup Unit
Japan JPN/640 11/12/2019 01/11/2020 Vehicle (HS: 87.02, 87.03, 87.04)
Japan JPN/641 11/18/2019 Not given Substances with probable effects on the central nervous system
Japan JPN/642 11/18/2019 Not given Phytase as a feed additive
Japan JPN/643 11/21/2019 12/93/2019 Psychotropics
Kenya KEN/909 11/04/2019 12/24/2019 Food additives (Food grade succhrin)
Kenya KEN/910 11/04/2019 12/24/2019 Food additives (Food grade Aspartame)
Kenya KEN/911 11/04/2019 12/24/2019 Food additives (Baker's Yeast)
Kenya KEN/912 11/06/2019 12/28/2019 Paints and varnishes (Gloss solvent borne paints)
Kenya KEN/913 11/06/2019 12/28/2019 Paints and varnishes (Semi-gloss (egg shell) sol-vent borne paints)
Kenya KEN/914 11/06/2019 12/28/2019 Paints and varnishes (Silk (sheen) emulsion paint for interior use)
Kenya KEN/915 11/06/2019 12/28/2019 Paints and varnishes (Textured paints)
Kenya KEN/916 11/06/2019 12/28/2019 Paints and varnishes (Drop on materials for road marking paints)
Kenya KEN/917 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Raw cashew nuts)
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Kenya KEN/918 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Raw cashew Kernels)
Kenya KEN/919 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Roasted cashew Kernels)
Kenya KEN/920 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Cashew Butter)
Kenya KEN/921 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Raw Macada-mia Kernel)
Kenya KEN/922 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Roasted Maca-damia Kernel)
Kenya KEN/923 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Sesame (sim-sim))
Kenya KEN/924 11/20/2019 01/18/2020 (HS: 12); Animal and vegetable fats and oils (Chia seeds)
Kenya KEN/925 11/20/2019 01/15/2020 (HS: 0204); Meat and meat products (Lamb and mutton, goat)
Kenya KEN/926 11/20/2019 01/15/2020 Meat and meat products (Pork)
Kenya KEN/927 11/25/2019 01/15/2020 Meat and meat products (Camel)
Kenya KEN/928 11/25/2019 01/15/2020 Meat and meat products
Korea, Republic of KOR/857/Add.1 11/11/2019 Not given Packaging as paper packs, glass bottles, cans, plastics
Korea, Republic of KOR/864 11/11/2019 01/10/2020 Health functional foods
Korea, Republic of KOR/865 11/11/2019 01/10/2020 Food
Korea, Republic of KOR/866 11/11/2019 01/10/2020 Cosmetics
Korea, Republic of KOR/857/Add.1 11/11/2019 Not given Packaging as paper packs, glass bottles, cans, plastics
Korea, Republic of KOR/864 11/11/2019 01/10/2020 Health functional foods
Korea, Republic of KOR/865 11/11/2019 01/10/2020 Food
Korea, Republic of KOR/866 11/11/2019 01/10/2020 Cosmetics
Malaysia MYS/99 11/25/2019 01/24/2020 All products including food and health care products
Mexico MEX/444/Add.1 11/04/2019 Not given
Lighting equipment that distributes, filters or con-trols light emitted by one or more light emitting di-odes (LEDs) and includes all necessary accesso-ries for mounting, protecting and operating those LEDs (Tariff heading: 854140)
Mexico MEX/373/Add.2 11/21/2019 Not given Remotely piloted aircraft system (RPAS)
Mongolia MNG/8 11/04/2019 01/03/2020 Conformity assessment - The list of covered prod-ucts classified by HS code is attached (in mongo-lian)
Mongolia MNG/9 11/04/2019 01/03/2020
Primary processed cashmere, cashmere tops, cashmere component fibres, coarse hair, intermedi-ate hair, down fibre (definitions are given in the draft)
Mongolia MNG/10 11/04/2019 01/03/2020 Products which belong to mandatory conformity as-sessment
Mongolia MNG/11 11/04/2019 01/03/2020 Products and services subject to mandatory con-formity assessment (Notified in previous TBT N)
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New Zealand NZL/85/Add.1 11/04/2019 Not given All countries: New and used motorcycles imported into New Zealand that are to be registered for use on public roads.; Motorcycles and mopeds
New Zealand NZL/92 11/07/2019 01/09/2020
This notification covers all chemical substances that meet the definition of “hazardous substance” in Section 2 of the Hazardous Substances and New Organisms (HSNO) Act 1996, and that exceed the thresholds set in the Hazardous Substances (Mini-mum Degrees of Threshold) Notice 2017. This is equivalent to the coverage of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
Paraguay PRY/114 11/07/2019 01/05/2020 Metallic packaging, linings, utensils, lids and equip-ment in contact with foodstuffs.
Philippines PHL/220/Rev.1 11/11/2019 Not given
List of Products under Mandatory Certification which cover certain products divided into catego-ries, namely, building and construction, electrical and electronics, chemical and consumer products.
Philippines PHL/225 11/11/2019 12/10/2019 Ceramic products (HS 69)
Philippines PHL/226 11/11/2019 12/10/2019 Vehicles other than railway or tramway rolling- stock, and parts and accessories thereof (HS 87)
Philippines PHL/227 11/11/2019 12/10/2019 Plywood, veneered panels and similar laminated wood (HS 4412)
Philippines PHL/228 11/11/2019 12/10/2019 Electronic Cigarettes
Saudi Arabia SAU/1105/Add.1 11/04/2019 Not given Food products in general
Saudi Arabia SAU/943/Rev.1 11/11/2019 Not given Building materials
Saudi Arabia SAU/944/Rev.1 11/11/2019 Not given Building materials
South Africa ZAF/131/Rev.2 11/14/2019 Not given Eggs (HS 0407)
Swaziland SWZ/2 11/14/2019 01/13/2020
Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not else-where specified or included (HS 8471); Electrical apparatus for line telephony or line telegraphy, in-cluding line telephone sets with cordless handsets and telecommunication apparatus for current-carrier line systems or for digital line systems; videophones (HS 8517)
Swaziland SWZ/3 11/14/2019 01/13/2020
Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not else-where specified or included (HS 8471); Electrical apparatus for line telephony or line telegraphy, in-cluding line telephone sets with cordless handsets and telecommunication apparatus for current-carrier line systems or for digital line systems; videophones (HS 8517)
Swaziland SWZ/4 11/14/2019 01/13/2020
- Audio-frequency electric amplifiers (HS 851840); Transmission apparatus for radio-telephony, radio-telegraphy, radio- Broadcasting or television, whether or not incorporating reception apparatus or
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sound recording or reproducing apparatus; televi-sion cameras; still image video cameras and other video camera recorders; digital cameras (HS 8525); Other aircraft (for example, helicopters, airplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles (HS 8802)
Swaziland SWZ/5 11/14/2019 01/13/2020
Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not else-where specified or included (HS 8471); Electrical apparatus for line telephony or line telegraphy, in-cluding line telephone sets with cordless handsets and telecommunication apparatus for current-carrier line systems or for digital line systems; videophones (HS 8517); - Other instruments and apparatus, spe-cially designed for telecommunications (for exam-ple, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers) (HS 903040)
Swaziland SWZ/6 11/14/2019 01/13/2020
Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included (HS 04); Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 15.16 (HS 1517); Other sugars, including chemically pure lactose, maltose, glucose and fruc-tose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel (HS 1702); Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted ba-sis, not elsewhere specified or included; food prep-arations of goods of heading 04.01 to 04.04, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted ba-sis, not elsewhere specified or included (HS 1901); Ice cream and other edible ice, whether or not con-taining cocoa (HS 2105); Food preparations not elsewhere specified or included (HS 2106); Albu-mins (including concentrates of two or more whey proteins, containing by weight more than 80% whey proteins, calculated on the dry matter), albuminates and other albumin derivatives (HS 3502); Milk and milk products
Swaziland SWZ/7 11/18/2019 01/17/2020 Flammable hazardous goods; Vehicles other than railway or tramway rolling- stock, and parts and ac-cessories thereof (HS 87); - Tankers (HS 890120)
Swaziland SWZ/8 11/18/2019 01/17/2020
Dehumidifiers, ice machines, aerosol products, wa-ter coolers, insulation boards and pre-polymers; Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporat-ing a fan, whether or not fitted with filters (HS 8414); Air conditioning machines, comprising a mo-
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tor-driven fan and elements for changing the tem-perature and humidity, including those machines in which the humidity cannot be separately regulated (HS 8415); Refrigerators, freezers and other refrig-erating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15 (HS 8418); - Fire extinguishers, whether or not charged (HS 842410)
Swaziland SWZ/9 11/18/2019 01/17/2020
Electrical and electronic waste; Human hair, un-worked, whether or not washed or scoured; waste of human hair (HS 0501); Pebbles, gravel, broken or crushed stone, of a kind commonly used for con-crete aggregates, for road metalling or for railway or other ballast, shingle and flint, whether or not heat-treated; macadam of slag, dross or similar industrial waste, whether or not incorporating the materials cited in the first part of the heading; tarred mac-adam; granules, chippings and powder, of stones of heading 25.15 or 25.16, whether or not heat-treated (HS 2517); Residual products of the chemical or al-lied industries, not elsewhere specified or included; municipal waste; sewage sludge; other wastes specified in Note 6 to this Chapter (HS 3825); Re-covered (waste and scrap) paper or paperboard (HS 4707)
Switzerland CHE/240 11/25/2019 01/21/2020
Refrigerating appliances; household washing ma-chines; household washer-dryers; household dish-washers; vacuum cleaner; light sources and sepa-rate control gear; electronic displ; refrigerating ap-pliances with a direct sales function; external power supplies; electric motors and variable speed drives; transformers; welding equipment; servers and data storage products; air heating products, cooling products, high temperature process chillers and fan coil units
Taiwan Economy TPKM/383/Add.1
11/06/2019 Not given
Steel bars for concrete reinforcement; Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel (HS 7213); Other bars and rods of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but in-cluding those twisted after rolling (HS 7214); Other bars and rods of iron or non-alloy steel (HS 7215); Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel (HS 7228)
Taiwan Economy TPKM/380/Add.1
11/12/2019 Not given Food for human consumption
Taiwan Economy TPKM/373/Add.1
11/11/2019 Not given Prepackaged Food Products
Taiwan Economy TPKM/391 11/11/2019 01/10/2020 Toys
Taiwan Economy TPKM/392 11/14/2019 01/13/2020 Prepackaged Food Grade Salt Products
Taiwan Economy TPKM/369/Add.2
11/18/2019 Not given Cosmetics
Taiwan Economy TPKM/364/Add.2
11/21/2019 Not given Organic Agricultural Products
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Taiwan Economy TPKM/366/Add.2
11/21/2019 Not given Organic agricultural products
Taiwan Economy TPKM/370/Add.2
11/21/2019 Not given Organic agricultural products
Taiwan Economy TPKM/371/Add.2
11/21/2019 Not given Organic agricultural products
Tanzania TZA/323 11/04/2019 1/03/2020 Spices and condiments (Natural Vanilla Extract)
Tanzania TZA/324 11/04/2019 01/03/2020 Paints and varnishes (Silk (sheen) emulsion paint for interior use)
Tanzania TZA/325 11/04/2019 01/03/2020 Paints and varnishes (Gloss solvent borne paints for interior and exterior use)
Tanzania TZA/326 11/04/2019 01/03/2020 Paints and varnishes (Semi-gloss (egg shell) sol-vent borne paint)
Tanzania TZA/327 11/04/2019 01/03/2020 Paints and varnishes (Textured paints)
Tanzania TZA/328 11/04/2019 01/03/2020 Paints and varnishes (road marking paints)
Tanzania TZA/329 11/14/2019 01/13/2020 Bathing bars - Surface active agents
Tanzania TZA/330 11/14/2019 01/13/2020 Scouring compounds - Surface active agents
Tanzania TZA/331 11/14/2019 01/13/2020 Liquid detergents - Surface active agents
Tanzania TZA/332 11/14/2019 01/13/2020 Hand sanitizers - Surface active agents
Tanzania TZA/333 11/14/2019 01/13/2020 Antibacterial bathing bars - Surface active agents
Tanzania TZA/334 11/14/2019 01/13/2020 Coal - Protection against dangerous goods
Tanzania TZA/335 11/25/2019 01/24/2020 Edible oils and fats. Oilseeds (Desiccated coconut)
Tanzania TZA/336 11/25/2019 01/24/2020 Edible oils and fats. Oilseeds (desiccated coconut)
Tanzania TZA/337 11/25/2019 01/24/2020 Food additives (Baking powder)
Tanzania TZA/338 11/25/2019 01/24/2020 Food additives (Food grade sucralose)
Tanzania TZA/339 11/25/2019 01/24/2020 Food additives (Food grade aspartame)
Tanzania TZA/340 11/25/2019 01/24/2020 Food additives (Food grade saccharin)
Tanzania TZA/341 11/25/2019 01/24/2020 Food additives (Baker's yeast)
Tanzania TZA/342 11/25/2019 01/24/2020 Fruits and derived products (Raw cashew nut)
Tanzania TZA/343 11/25/2019 01/24/2020 Fruits and derived products (Raw cashew kernels)
Tanzania TZA/344 11/25/2019 01/24/2020 Fruits and derived products (Roasted cashew ker-nels)
Tanzania TZA/345 11/25/2019 01/24/2020 Fruits and derived products (Cashew butter)
Tanzania TZA/346 11/25/2019 01/24/2020 Fruits and derived products (Raw macadamia ker-nel)
Tanzania TZA/347 11/25/2019 01/24/2020 Fruits and derived products (Roasted macadamia kernel)
Tanzania TZA/348 11/25/2019 01/24/2020 Fruits and derived products (Sesame (simsim))
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Tanzania TZA/349 11/25/2019 01/24/2020 Fruits and derived products (Chia seeds)
Thailand THA/559 11/06/2019 11/21/2019 Hazardous substances (Pesticides)
Thailand THA/560 11/14/2019 01/13/2020 Toys
Thailand THA/561 11/18/2019 01/17/2020 Hygienic or pharmaceutical articles (including teats), of vulcanised rubber other than hard rubber, with or without fittings of hard rubber (HS 4014)
Thailand THA/562 11/19/2019 01/18/2020 Hygienic or pharmaceutical articles (including teats), of vulcanised rubber other than hard rubber, with or without fittings of hard rubber (HS 4014)
Trinidad and Tobago TTO/121/Rev.1 11/13/2019 Not given Toys
Turkey TUR/62/Add.1 11/13/2019 Not given Vegetable oil
Turkey TUR/78/Add.1 11/13/2019 Not given The addition of vitamins and minerals and of certain other substances to food
Uganda UGA/570/Add.2 11/04/2019 Not given Dry soybeans. Soya beans, whether or not broken. (HS 1201), Soya beans, whether or not broken. (HS 120100)
Uganda UGA/571/Add.2 11/04/2019 Not given Sorghum flour. Cereal flours other than of wheat or meslin (HS 1102)
Uganda UGA/572/Add.2 11/04/2019 Not given Millet flour. Cereal flours other than of wheat or meslin (HS 1102)
Uganda UGA/575/Rev.1/Add.2
11/04/2019 Not given Milled maize (corn) products (HS 110220)
Uganda UGA/576/Rev.1/Add.2
11/04/2019 Not given Wheat flour (HS 1101; 110100)
Uganda UGA/596/Add.2 11/04/2019 Not given Maize grains (HS 1005)
Uganda UGA/598/Add.2 11/04/2019 Not given Milled rice (Semi-milled or wholly milled rice, whether or not polished or glazed (HS 100630), - Rice flour (HS 110230))
Uganda UGA/599/Add.2 11/04/2019 Not given Wheat grains (HS 1001)
Uganda UGA/756/Add.2 11/04/2019 Not given
Dry roasted silver cyprinid. Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pel-lets of fish, fit for human consumption (HS 0305)
Uganda UGA/757/Add.2 11/04/2019 Not given Dried fish maws
Uganda UGA/781/Add.3 11/04/2019 Not given Gaming equipment
Uganda UGA/782/Add.2 11/04/2019 Not given Gaming equipment
Uganda UGA/793/Add.2 11/04/2019 Not given Butcheries (HS 02)
Uganda UGA/794/Add.2 11/04/2019 Not given Abattoirs and slaughterhouses (HS 01)
Uganda UGA/795/Add.2 11/04/2019 Not given Domestic ungulates, ratite, domestic solipeds (HS 01)
Uganda UGA/797/Add.2 11/04/2019 Not given Meat and edible meat offal (HS 02)
Uganda UGA/798/Add.2 11/04/2019 Not given Live animals (HS 01)
Uganda UGA/808/Add.2 11/04/2019 Not given Baking powder (HS 210230)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Uganda UGA/809/Add.2 11/04/2019 Not given Saccharin (food grade) (HS 292511)
Uganda UGA/811/Add.2 11/04/2019 Not given Beeswax, Vegetable waxes (other than triglycer-ides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured (HS 1521)
Uganda UGA/926/Add.2 11/04/2019 Not given Blended fertilizers; Fertilisers (HS 31). Fertilizers (ICS 65.080).
Uganda UGA/927/Add.2 11/04/2019 Not given Organic-inorganic compound fertilizer; Fertilisers (HS 31). Fertilizers (ICS 65.080).
Uganda UGA/928/Add.2 11/04/2019 Not given Compound microbial fertilizer; Fertilisers (HS 31). Fertilizers (ICS 65.080).
Uganda UGA/1124 11/06/2019 01/05/2020 Table honey; Natural honey (HS 0409)
Uganda UGA/1125 11/06/2019 01/05/2020 Bee pollen; - Other (HS 210690)
Uganda UGA/1126 11/06/2019 01/05/2020 Bee propolis; - Other (HS 210690)
Uganda UGA/1127 11/06/2019 01/05/2020 Stingless bee honey; Natural honey (HS 0409)
Uganda UGA/1128 11/06/2019 01/05/2020 Beeswax; - Other (HS 152190)
Uganda UGA/1129 11/06/2019 01/05/2020 Baking powder; - Prepared baking powders (HS 210230)
Uganda UGA/1130 11/06/2019 01/05/2020 Food grade sucralose; - Compounds containing an unfused furan ring (whether or not hydrogenated) in the structure: (HS 29321)
Uganda UGA/1131 11/06/2019 01/05/2020 -- Saccharin and its salts (HS 292511)
Uganda UGA/1132 11/06/2019 01/05/2020 Baker's yeast; - Active yeasts (HS 210210)
Uganda UGA/1133 11/21/2019 01/20/2020
Zinc oxide surgical adhesive plaster; Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic appa-ratus, other electro-medical apparatus and sight-testing instruments (HS 9018)
Uganda UGA/1134 11/21/2019 01/20/2019 Plastic basins; Tableware, kitchenware, other household articles and toilet articles, of plastics (HS 3924)
Uganda UGA/1135 11/21/2019 01/20/2020 Plastics and articles thereof (HS 39)
Uganda UGA/1136 11/21/2019 01/20/2019 Beeswax for cosmetic industry; (HS: 1521)
Uganda UGA/1137 11/21/2019 01/20/2020 Food grade aspartame; - Other (HS 170490); - Cy-clic amides (including cyclic carbamates) and their derivatives; salts thereof: (HS 29242)
Uganda UGA/1138 11/25/2019 01/24/2020 Raw cashew nut; -- In shell (HS 080131)
Uganda UGA/1139 11/25/2019 01/24/2020 Raw cashew kernels; -- Shelled (HS 080132)
Uganda UGA/1140 11/25/2019 01/24/2020 Roasted cashew kernels; -- Other, including mix-tures (HS 200819)
Uganda UGA/1141 11/25/2019 01/24/2020 Cashew butter; - Butter (HS 040510)
Uganda UGA/1142 11/25/2019 01/24/2020 Raw macadamia kernel; - Other (HS 080290)
Uganda UGA/1143 11/25/2019 01/24/2020 Roasted macadamia kernel; -- Other, including mix-tures (HS 200819)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Uganda UGA/1144 11/25/2019 01/24/2020 Sesame seeds; - Sesamum seeds (HS 120740)
Uganda UGA/1145 11/25/2019 01/24/2020 Chia seeds; -- Other (HS 120799)
Ukraine UKR/156 11/04/2019 01/03/2020 Electrical and electronic equipment
United Arab Emirates ARE/465 11/21/2019 01/20/2019 Fire suppression systems intended for engine com-partments
United States USA/539/Rev.1/Add.1
11/04/2019 Not given Toddler beds (HS 9404)
United States USA/622/Rev.1/Add.1
11/04/2019 Not given Prepackaged food (HS 2101-2106)
United States USA/1448/Add.1 11/04/2019 Not given Appliance labeling
United States USA/1510/Add.1 11/04/2019 Not given Renewable fuel standard program
United States USA/1392/Add.3 11/04/2019 Not given Chemical substances
United States USA/295/Rev.1 11/06/2019 Not given Indoor Air Cleaners
United States USA/1545 11/06/2019 12/04/2019 Chemical substances
United States USA/1520/Add.1 11/13/2019 Not given
Residential gas furnaces and boilers; - Boilers (HS 840310); Furnace burners for liquid fuel, for pulver-ised solid fuel or for gas; mechanical stokers, in-cluding their mechanical grates, mechanical ash dischargers and similar appliances (HS 8416)
United States USA/1546 11/13/2019 Not given Vapor products and flavors
United States USA/1519/Add.1 11/14/2019 Not given Packaging, tobacco products; Tobacco and manu-factured tobacco substitutes (HS 24)
United States USA/1285/Rev.1 11/18/2019 Not given Infant inclined sleep products
United States USA/1547 11/19/2019 12/16/2019
Helicopters; Other aircraft (for example, helicopters, airplanes); spacecraft (including satellites) and sub-orbital and spacecraft launch vehicles (HS 8802); Quality, Aircraft and space vehicles in general
United States USA/1548 11/19/2019 Not given
Transport airplanes; Other aircraft (for example, helicopters, airplanes); spacecraft (including satel-lites) and suborbital and spacecraft launch vehicles (HS 8802); Quality, Air transport, Plugs, socket-out-lets, couplers, Aircraft and space vehicles in gen-eral
United States USA/1549 11/19/2019 Not given
Product-safety testing and certification services; Services , Quality, Medical equipment, Occupa-tional safety. Industrial hygiene, Electrical and elec-tronic testing, Chemical laboratories. Laboratory equipment
United States USA/1550 11/19/2019 01/13/2020 Microwave ovens; - Microwave ovens (HS 851650); Environmental protection, Test conditions and pro-cedures in general, Kitchen equipment
United States USA/583/Add.2 11/20/2019 Not given Residential refrigerators, refrigerator-freezers and freezers (HS 8418.10-29, 8418.30-69)
United States USA/1499/Add.3 11/20/2019 Not given Stationary compression ignition internal combustion engines (HS 8407)
United States USA/1393/Add.3/Corr.1
11/25/2019 Not given Chemical substances
United States USA/1551 11/25/2019 11/29/2019 Vaping products
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Viet Nam VNM/154 11/18/2019 01/17/2020 Imported motor vehicles
Viet Nam VNM/155 11/19/2019 01/18/2020
Food grade salt (sodium chloride); Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or con-taining added anti-caking or free-flowing agents; sea water (HS 2501)
Viet Nam VNM/156 11/19/2019 01/18/2020
Pure salt (sodium chloride); Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti-caking or free-flowing agents; sea water (HS 2501)
Viet Nam VNM/157 11/19/2019 12/19/2019 Construction materials in general
Viet Nam VNM/116/Add.1 11/25/2019 Not given Car, Truck, Bus
Yemen YEM/166 11/20/2019 01/19/2020 Textile fabrics (ladies polyester)
CBSA Advance Rulings
The following table lists advance rulings posted by the Canada Border Ser-
vices Agency (CBSA). In September of 2014, the CBSA enhanced the Ad-
vance Ruling (Tariff Classification and Origin) and National Customs Ruling
programs by publishing ruling letters in their entirety, with the applicant's con-
sent, on the CBSA Web site.
It is important to note that rulings are binding only between the CBSA and the
applicant. While posted rulings are for reference purposes only, they provide
meaningful guidance and help other importers in complying with Canada's
trade legislation. Click on the “Merchandise” listing to see full text of the
posted ruling.
Date TRS
Number Merchandise Tariff Classification and Basis
11-15-17 278965 CoverSkate 9506.99.90.99 [GIR 1, 6; Chap 95 LN 3, Chap 64 LN 1(f), Sec. XI LN 1(t)]
01-19-18 279747 So Delicious Low Fat CocoWhip, SKU 103310 and So Deli-cious CocoWhip, SKU 103309
2106.90.39.10 [GIR 1, 6]
02-06-18 279916 Novocart® 3D (FR700U) 3001.90.00.20 [GIR 1, 6]
04-10-18 280142 Pitted Black Olives in tin cans, Product #12-1200535 2005.70.10.00 [GIR 1, 6; CR 1; EN Chap 7; Chap.20 LN 3]
04-25-18 280057 TR-80, TR-65, TR-55, TR-50, TR-30 massage chairs 9019.10.00.10 [GIR 1, 3(b), 6; EN 94.01, 90.19]
05-03-18 280150 Article # 3064476 - Plastic Over Cabinet / Door Storage Bin 3924.90.00.99 [GIR 1, 6; EN 39.23, .24]
05-03-18 280259 HDPE Mesh Bags, Items MO-FWBLK 20″ X 24″ and 24″ X 24″
6305.39.00.00 [GIR 1, 6;Sec. XI LN 1(g), N 7(f); EN 63.05]
08-10-18 280868 SHIMANO STEPS - Integrated Type Battery for Down Tube, Product no. BT-E8020
8507.60.90.00 [GIR 1, 6; Chap.85 LN 3; Sec. XVII LN 2(f); Sec. XVI LN 2(a)]
10-01-18 280625 WT1500 Wheel Trolley and WTA500 Wheel Trolley 8428.90.00.90 [GIR 1, 6; EN 84.28]
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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 en-
gine. 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 U.S.C. §1625(c) to re-
voke or modify binding rulings or treatment previously accorded to substan-
tially 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 Classifi-cation or Po-
sition New Ruling
New Classification or Position
Comments Due (C) or Ef-
fective Date (E)
Proposed Revocations/modifications
(P) 11-06-19 Tariff classification of gar-ments with overlays
HQ 950007 NY N257834 NY N257469 NY N243946 NY N242436 NY N235714 NY N208296 NY N173438 NY N138899 NY N138900 NY N043115
M
Tariff classifi-cation based on essential character and use of GRI 3(b)
HQ H270389
Remove essential char-acter discussion and base classification on GRI 1 – original tariff classification is correct [GRI 1; Sec. XI sub-heading Note 2; ENs to Chaps. 61,62]
(C) 12-06-19
HQ 960960 M
Parenthetical describes the term “overlay” as that “(which is merely a dec-orative addi-tion to the garment).”
Remove the parenthe-tical that inaccurately de-scribes the term “over-lay.” Classification is cor-rect
NY N255267
R
Pullover body imparts the essential character: 6110.20.2079
6110.30.30 [Sec. XI sub-heading Note 2(B)(a)] Apply GRI 3(b) with the essential character be-ing imparted by the open work knit fabric overlay rather than the body fab-ric:
NY N254620 R
Classify on the basis of its overlay fabric by ap-plying GRI 3(c) 6211.32.0081 6211.33.0061
6110.20.20 [GRI 1] Properly classified on the basis of its knit body fabric rather than on the basis of its overlay fabric
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Published in CBP Bulletin (P) Proposed
(A) Action
Product(s) or Issue(s) Ruling(s) to be Modified (M) or
Revoked (R)
Old Classifi-cation or Po-
sition New Ruling
New Classification or Position
Comments Due (C) or Ef-
fective Date (E)
Tariff classification of women’s shirts with partial openings and no means of closure
NY N019202 NY N018064 NY M80970
M
Means of clo-sure is neces-sary for gar-ments of heading 6106
HQ H304882
Tariff classification re-mains unchanged [Chap 61 N 9] Remove the language indicating that a means of closure is necessary.
(P) 11-20-19 Tariff classification of pump dispensers
NY N249630 NY N299353 NY N298787
Ror M
8424.20.1000 HQ H305296 8424.89.90 [GRI 1, 6; EN 84.24(B)]
(C) 12-20-19
Revocations/Modifications
(A) 11-06-19 Tariff classification of the 3 Doodler Create Pen Set
NY N248177 R 8516.79.00 HQ H293445 8477.80.00 [GRI 1] (E) 01-06-20
(A) 11-20-19
Tariff classification of anti-reflection coated silicon wafers.
HQ 957189 R 8541.90.00 HQ H301201 8541.40.60 [GRI 1, 2(a), 6]
(E) 01-20-20
Country of origin for mark-ing purposes of a pill case
NY N153956 M
Each pill case must be marked – ulti-mate pur-chaser is con-sumer
HQ H303064
Only the outermost container must be marked as ultimate purchaser is pharma. company - 19 C.F.R. § 134.24(b)
Country of origin of steel tubing subject to Sec. 232 duties
NY N298549 R
NAFTA coun-try of origin rule for mark-ing and duty purposes: US
HQ H301494
Determination for 232, 302 and 201 requires re-quires a substantial transformation analysis: US origin found.
Amendments to the CN Explanatory Notes
The table below shows amendments to the explanatory notes to the Com-
bined Nomenclature of the European Union that were published in the Official
Journal during the period covered by this International Trade Compliance Up-
date.
Official Journal Page or CN code Description of Articles
2019/C 387/04 15-11-19
Pg 412; 9503
Subheadings 9503 00 35 and 9503 00 39: Insert text and photographs as second para-graph to the explanatory note [to include building blocks]
New text and photograph are inserted: ‘9503 00 61 and 9503 00 69 Puzzles…’
Pg. 413; 9503 New text and photograph are inserted: ‘9503 00 95 and 9503 00 99 Other
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19
U.S.C. §1337) provides in rem relief from unfair practices in import trade, in-
cluding unfair methods of competition in the importation of articles, importation
and sale in the United States of articles which infringe US patents, registered
trademarks, copyrights or mask works. Listed below are 337 actions pub-
lished during the past month by the US International Trade Commission, the
independent United States agency charged with enforcement of section 337.
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Inv. № Commodity Action
337–TA–1091 Certain Color Intraoral Scanners and Re-lated Hardware and Software
Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation
337–TA–1119 Certain Infotainment Systems, Components Thereof, and Automobiles Containing the Same
Notice of Request for Statements on the Public Interest
337–TA–1121 Certain Earpiece Devices and Components Thereof
Commission Determination to Vacate the Domestic Industry Find-ing as to One Asserted Patent; Remand the Investigation in Part to the Presiding Administrative Law Judge for Further Proceedings as to That Asserted Patent; and Extend the Target Date; Issuance of a General Exclusion Order, A Limited Exclusion Order, and Cease and Desist Orders as to the Other Five Asserted Patents
337–TA–1125 Certain Height-Adjustable Desk Platforms and Components Thereof
Commission Determination Not To Review an Initial Determination Granting in Part a Motion for Summary Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
337–TA–1126 Certain Water Filters and Components Thereof
Issuance of a General Exclusion Order and Cease and Desist Or-ders; Termination of the Investigation
337–TA–1130 Certain Beverage Dispensing Systems and Components Thereof
Commission Decision 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
337–TA–1137 Certain Motorized Vehicles and Compo-nents Thereof
Notice of Request for Statements on the Public Interest
337–TA–1163 Certain Light-Emitting Diode Products, Sys-tems, and Components Thereof (I)
Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety; Termination of Investi-gation
337–TA–1100 337–TA–1167
Certain Reload Cartridges for Laparoscopic Surgical Staplers
Notice of a Commission Determination Not to Review an Initial De-termination Granting Complainants’ Unopposed Motion to Amend the Complaint, Case Caption, and Notice of Investigation [CORRECTED INV. NO.]
337–TA–1181
Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same
Institution of an investigation based on a complaint, as supple-mented, filed on behalf of LG Chem, Ltd.; LG Chem Michigan Inc.; and Toray Industries, Inc. alleging patent infringement
337–TA–1182
Certain Argon Plasma Coagulation System Probes, Their Components, and Other Ar-gon Plasm Coagulation System Compo-nents for Use Therewith
Institution of an investigation based on a complaint filed on behalf of Erbe Elektromedizin GmbH and Erbe USA, Inc. alleging patent infringement
337–TA–1183 Certain Foldable Reusable Drinking Straws and Components and Accessories Thereof
Institution of an investigation based on a complaint filed on behalf of The Final Co. LLC alleging patent infringement
337–TA–1184 Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Market-ing Materials
Institution of an investigation based on a complaint filed on behalf of M-I L.L.C. alleging patent infringement
337–TA–1185 Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof
Institution of an investigation based on a complaint filed on behalf of EcoFactor, Inc. alleging patent infringement
337–TA–1186 Certain Balanced Armature Devices, Prod-ucts Containing Same, and Components Thereof
Institution of an investigation based on a complaint filed on behalf of Knowles Corporation; Knowles Electronics, LLC; and Knowles Electronics (Suzhou) Co., Ltd. alleging misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry
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 com-
ments on any public interest issues raised by the complaints:
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Ref. № Commodity Complaint filed on behalf of:
DN 3419 Certain Electronic Devices with Optical Filters and Optical Sensor Systems and Components Thereof
Viavi Solutions Inc.
DN 3420 Dissolving Microneedle Patch Technology for Cosmetic and Phar-maceutical Use
TheraJect, Inc.
Antidumping, Countervailing Duty and Safe-guards Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, counter-
vailing duty and safeguards notices published or posted during the past month
from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasion-
ally other countries. (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.
WTO Safeguard Notifications
Notification № Member Merchandise Action
G/SG/N/6/IDN/34 Indonesia Fructose syrop Initiation of a safeguard investigation
G/SG/N/6/IND/47 India Isopropyl alcohol Initiation of a safeguard investigation
United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–485–805 Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 4.5 Inches) From Romania
Partial Rescission of ADD Administrative Review; 2018–2019
C–570–017 Certain Passenger Vehicle and Light Truck Tires From China
CVD Administrative Review, Correction of Notification of Rescis-sion, in Part, 2017
A–570–881 Certain Malleable Cast Iron Pipe Fittings From China
Final Results of Expedited Third Sunset Review of the ADD Order
A–570–601 Tapered Roller Bearings From China Rescission of ADD Administrative Review; 2018–2019
A–570–112 C–570–113
Certain Collated Steel Staples From China Preliminary Affirmative Determinations of Critical Circumstances in the AD and CVD Investigations
A–533–824 A–583–837
Polyethylene Terephthalate Film, Sheet and Strip From India and Taiwan
Final Results of the Expedited Third Sunset Reviews of the ADD Orders
C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India
Final Results of the Expedited Sunset Review of the CVD Order
A–475–838 Certain Cold Drawn Mechanical Tubing of Car-bon and Alloy Steel From Italy
Partial Rescission of ADD Administrative Review; 2017-2019
A–412–824 Certain Cold-Rolled Steel Flat Products From the United Kingdom
Final Results of ADD Administrative Review; 2017-2018
A–570–912 Certain New Pneumatic Off-the-Road Tires From China
Final Results of ADD Administrative Review; 2017-2018
A–441–801 Certain Cold-Drawn Mechanical Tubing of Car-bon and Alloy Steel From Switzerland
Rescission of ADD Administrative Review: 2017-2019
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–428–845 Certain Cold-Drawn Mechanical Tubing of Car-bon and Alloy Steel From Germany
Rescission of ADD Administrative Review: 2017- 2019
C–580–882 Certain Cold-Rolled Steel Flat Products From S. Korea
Preliminary Results of CVD Administrative Review; 2017
A–560–828 Certain Uncoated Paper From Indonesia Preliminary Results of ADD Administrative Review; 2018-2019
C–560–829 Uncoated Paper From Indonesia Preliminary Results of CVD Administrative Review; 2018
A–122–866 Sodium Sulfate Anhydrous From Canada
Preliminary Affirmative Determination of Sales at LTFV, Prelimi-nary Negative Determination of Critical Circumstances, Postpone-ment of Final Determination, and Extension of Provisional Measures
C–570–113 Certain Collated Steel Staples From China Preliminary Affirmative CVD Determination, and Alignment of Final Determination with Final ADD Determination
C–552–819 Certain Steel Nails From Vietnam Rescission of CVD Administrative Review; 2018
A–570–831 Fresh Garlic From China Final Results of the Semiannual ADD New Shipper Review of Jinxiang Infang Fruit & Vegetable Co., Ltd.
A–570–051 Hardwood Plywood Products From China Rescission of ADD New Shipper Review; 2019; Correction
A–570–943 Oil Country Tubular Goods From China Rescission of ADD Administrative Review; 2018-2019
A–533–843 Certain Lined Paper Products From India Preliminary Results of ADD Administrative Review, Preliminary Determination of No Shipments; 2017-2018
A–351–849 Emulsion Styrene-Butadiene Rubber From Brazil
Preliminary Results of ADD Administrative Review; 2017-2018
A–570–108 Ceramic Tile From China Preliminary Affirmative Determination of Sales at LTFV Preliminary Negative Critical Circumstances Determination, and Postpone-ment of Final Determination
A–570–106 Wooden Cabinets and Vanities and Compo-nents Thereof
Amended Preliminary Determination of Sales at LTFV
A–552–817 Certain Oil Country Tubular Goods From Vi-etnam
Preliminary Results of ADD Administrative Review
A–533–840 Certain Frozen Warmwater Shrimp From India Rescission of ADD Administrative Review; 2018-2019, in Part
A–570–051 Certain Hardwood Plywood Products From China
Partial Rescission of ADD Administrative Review; 2017-2018
A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China
Notice of Correction to the Final Results of the 2016-2017 ADD Administrative Review
A–475–835 Finished Carbon Steel Flanges From Italy Rescission of ADD Administrative Review; 2018–2019
A–580–881 Certain Cold Rolled Steel Flat Products From S. Korea
Preliminary Results of ADD Administrative Review; 2017– 2018
A–201–847 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017–2018
C–570–913 Certain New Pneumatic Off-The-Road Tires From China
Preliminary Results and Partial Rescission of the CVD Administra-tive Review; 2017
A–580–880 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From S. Korea
Preliminary Results of ADD Administrative Review; 2017–2018
A–580–870 Certain Oil Country Tubular Goods From S. Korea
Preliminary Results of ADD Administrative Review; 2017– 2018
A–588–854 Certain Tin Mill Products From Japan Rescission of ADD Administrative Review; 2018–2019
C–570–098 Polyester Textured Yarn From China Final Affirmative CVD Determination and Final Affirmative Determi-nation of Critical Circumstances
A–570–097 Polyester Textured Yarn From China Final Determination of Sales at LTFV, and Final Affirmative Deter-mination of Critical Circumstances
C–533–886 Polyester Textured Yarn From India Final Affirmative CVD Determination
A–533–885 Polyester Textured Yarn From India Final Determination of Sales at LTFV
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–471–807 Certain Uncoated Paper From Portugal Final Results of ADD Administrative Review; 2017– 2018
A–549–502 Circular Welded Carbon Steel Pipes and Tubes From Thailand
Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2017– 2018
A–588–869 Diffusion-Annealed, Nickel-Plated Flat Rolled Steel Products From Japan
Final Results of the ADD Administrative Review and Final Determi-nation of No Shipments; 2017– 2018
A–427–828 Certain Carbon and Alloy Steel Cut-to-Length Plate From France
Final Results of ADD Administrative Review; 2016–2018
C–533–890 Certain Quartz Surface Products From India Amended Preliminary Affirmative CVD Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final ADD Determination
A–570–062 C–570–063
Cast Iron Soil Pipe Fittings From China Initiation and Preliminary Results of Changed Circumstances Re-views
A–201–848 Emulsion Styrene-Butadiene Rubber From Mexico
Preliminary Results of ADD Administrative Review; 2017-2018
A–455–805 Emulsion Styrene-Butadiene Rubber From Po-land
Final Results of ADD Administrative Review; 2017-2018
C–533–-892 Forged Steel Fittings From India Initiation of CVD Investigation
A–533–891 A–580–904
Forged Steel Fittings From India and S. Korea Initiation of LTFV Investigations
C–580–888 Certain Carbon and Alloy Steel Cut-To-Length Plate From S. Korea
Notice of Court Decision Not in Harmony with Final CVD Determi-nation, and Notice of Amended Final CVD Determination
A–583–008 Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan
Partial Rescission of ADD Administrative Review; 2018-2019
A–552–802 Certain Frozen Warmwater Shrimp From Vi-etnam
Final Results and Final Determination of No Shipments of ADD Administrative Review; 2018-2019
A–489–824 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Turkey
Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2017-2018
A–533–857 Oil Country Tubular Goods From India Final Results and No Shipments Determination of ADD Adminis-trative Review; 2017-2018
A–523–810 Polyethylene Terephthalate Resin From Oman Final Results of ADD Administrative Review; 2017-2018
A–570–985 Xanthan Gum From China Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2017–2018
A–580–890 Emulsion Styrene-Butadiene Rubber From S. Korea
Preliminary Results of ADD Administrative Review; 2017-2018
A–580–893 Fine Denier Polyester Staple Fiber From S. Ko-rea
Amended Final Results of ADD Changed Circumstances Review
A–580–867 Large Power Transformers From S. Korea Correction to the Preliminary Results of ADD Administrative Re-view; 2017-2018
A–433–813 A–427–830
Strontium Chromate From Austria and France ADD Orders
A–570–051 C–570–052
Certain Hardwood Plywood Products From China
Affirmative Final Determination of Circumvention of the AD and CVD Orders
A–570–932 Certain Steel Threaded Rod From China Final Results of the Expedited Sunset Review of the ADD Order
C–508–813 Magnesium From Israel Final Affirmative CVD Determination
A–508–812 Magnesium From Israel Final Affirmative Determination of Sales at LTFV
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United States International Trade Commission (USITC)
Inv. № Merchandise/Country Action
701–TA–506, 508 731–TA–1238–1243
Non-Oriented Electrical Steel From China, Germany, Japan, Korea, Sweden, and Taiwan
[REVIEW] Institution of Five-Year Reviews
701–TA–610 731–TA–1425-1426
Refillable Stainless Steel Kegs From China and Germany
[FINAL] Supplemental Schedule for the Final Phase of AD and CVD Investigations
701–TA–630 731– TA–1462
Glass Containers From China
[PRELIMINARY] Determinations: reasonable indication that an industry in the United States is materially injured by reason of imports that are alleged to be sold in the United States at LTFV and to be subsidized by the government of China
731–TA–1021 Malleable Iron Pipe Fittings From China
[THIRD REVIEW] Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
731–TA–1210–1212 701–TA–454 731–TA–1144
Welded Stainless Steel Pressure Pipe From China, Malaysia, Thai-land, and Vietnam
[REVIEW] [SECOND REVIEW] Determinations that revocation of the ADD and CVD orders (China) and ADD orders (Malaysia, Thailand, and Vietnam) would be likely to lead to continuation or recurrence of ma-terial injury to an industry in the United States within a reasonably foreseeable time
731–TA–1422-1423 Strontium Chromate from Austria and France
[FINAL] Determinations that an industry in the United States is materi-ally injured by imports that Commerce found to be sold at LTFV
701–TA–513 731–TA–1249
Sugar From Mexico [Review] Institution of Five-Year Reviews
Canadian International Trade Tribunal (CITT)
Ref. Number Merchandise/Country Action
LE-2019-003 Hot-rolled carbon steel plate and high-strength low-alloy steel plate originating in or exported from Ukraine
Notice of Expiry of Order on Jan. 29, 2020
PI-2019-002
Dumping and Subsidizing: corrosion-resistant flat-rolled steel sheet products of carbon steel originating in or ex-ported from Turkey, Vietnam, and the United Arab Emir-ates
Notice of Commencement of Preliminary Injury Inquiry
PI-2019-001 Certain Sucker Rods originating in or exported from Ar-gentina, Brazil and Mexico
Determination that there is evidence that discloses a reasonable indication that the dumping of the subject goods has caused or is threatening to cause injury
Canada Border Services Agency (CBSA)
Ref. Number Merchandise/Country Action
COR2 2019 IN Dumping and Subsidizing of certain corrosion-resistant steel sheet from Turkey, the United Arab Emirates and Vi-etnam
Notice of Initiation of Investigations and State-ment of Reasons
FAS 2019 RI Certain carbon steel fasteners originating in or exported from China and Chinese Taipei
Notice of Conclusion of Re-investigation of nor-mal values, export prices and amount of Chinese subsidy
DWP 2019 RI Certain dry wheat pasta originating in or exported from Tur-key
Notice of Re-investigation
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NAFTA Panels
Case Number Merchandise/Country Action
No NAFTA Panels this period
Mexico - Ministry of Economy
Ref. № Merchandise/Country Action
14/19 Bottle-type hydraulic jacks originating in China Resolution accepting the interested party's request and declaring the initiation of the anti-dumping investigation
EC 06/18 Cold rolled foil originating in the South Korea Resolution Final examination of the validity of the commitments assumed by exporters POSCO and Hyundai Hysco Co. Ltd
EC 18/19 Steel nails for concrete originating in China Resolution declaring the beginning of the review of the ADD
02/19 Flat steel products stainless originating in China and Chinese Taipei
Preliminary resolution in the ADD investigation
European Union
Reference Merchandise/Country Action
(EU) 2019/1860 Certain prepared or preserved citrus fruits (namely mandarins, etc.) origi-nating in China
Commission Implementing Regulation amending Commission Imple-menting Regulation imposing a definitive ADD following an expiry re-view
2019/C 378/08 Certain polyvinyl alcohols originating in China
Notice clarifying the Notice of initiation of an AD proceeding
(EU) 2019/1706 Corrigendum
High tenacity yarns of polyesters origi-nating in China
Corrigendum to Commission Implementing Regulation amending Im-plementing Regulation imposing a definitive ADD following an expiry review
(EU) 2019/1948 Certain corrosion resistant steels origi-nating in China
Commission Implementing Regulation initiating an investigation con-cerning possible circumvention of AD measures and making such im-ports subject to registration
(EU) 2019/1982 Threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron originating in China
Commission Implementing Regulation making certain imports subject to registration following the re-opening of the investigation in order to implement the judgment of 20 September 2019, in case T-650/17, with regard to Implementing Regulation (EU) 2017/1146 re-imposing a definitive ADD on imports manufactured by Jinan Meide Castings Co., Ltd
2019/C 403/03 Threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in China
Notice of re-opening the investigation following the judgment of 20 September 2019, in Case T‑650/17
Australian Anti-Dumping Commission
Notice № Case № Merchandise/Country Action
2019/125 499 Hot rolled structural steel sections /Ja-pan, Korea, Taiwan, Thailand
Findings in relation to Review 499
2019/126 505 Hot rolled structural steel sections / Ja-pan, Korea, Taiwan, Thailand
Findings in relation to Continuation 505
2019/127 504 Power transformers / Indonesia, Taiwan, Thailand
Findings of the Continuation Inquiry No. 504 into Anti-Dumping Measures
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Australian Anti-Dumping Commission
Notice № Case № Merchandise/Country Action
2019/133 520 Grinding balls / China Extension of time granted to issue the Statement of Essential Facts and Final Report
2019/135 531 Aluminium extrusions / China Initiation of Accelerated Review 531
2019/137 525 Aluminium extrusions / Malaysia Termination of Accelerated Review
2019/138 Aluminium extrusions /China Expiry of Measures
2019/140 Various Monthly Status Report - October 2019
2019/141 532 Hollow structural sections / Thailand Initiation of Continuation Inquiry
2019/142 533 Grinding balls / China Initiation of an Accelerated Review
China Ministry of Commerce (MOFCOM)
Ref. № Merchandise/Country Action
51, 2019 Methyl Ethyl Ketone Originating in Japan and Taiwan
Terminating the AD Final Review Investigation
53, 2019 7-Phenylacetamino-3-chloromethyl-4-cephe-manic Acid p-methoxybenzyl ester from India
Postponement of the AD Case
54, 2019 7-Phenylacetamino-3-chloromethyl-4-cefa-noic acid p-methoxybenzyl ester from India
Postponement of the CV Case
50, 2019 Pyridine from India and Japan Terminating the AD Final Review Investigation
Government of India Ministry of Finance (Department of Revenue)
Notification № Merchandise/Country Action
43/2019-Cus (ADD) 11-11-19
Jute Products namely, Jute Yarn/ Twine (multiple folded/ cabled and single), Hessian fabric, and Jute sacking bags originating in or exported from Bangla-desh and Nepal
Rescinds notification providing for imposition of provisional ADD on New Shipper
44/2019-Cus (ADD) 11-11-19
Notifies rate of ADD imposed on New Shipper
Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
INITIATIONS
(SG) 06/2019 04-11-19
Isopropyl Alcohol imported into India Initiates Safeguard (Quantitative Restrictions) In-vestigation
6/17/2019-DGTR 05-11-19
Fiberboards originating in or exported from Indone-sia, Malaysia, Sri Lanka, Thailand and Vietnam
Initiates Anti-Subsidy Investigation
22/7/2019-DGTR 07-11-19
Polybutadiene Rubber originating in or exported from Korea RP under India-Korea Comprehensive Eco-nomic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Initiates Bilateral Safeguard Investigation
7/22/2019-DGTR 21-11-19
Nylon Tyre Cord Fabric originating in or exported from China PR
Initiates Sunset Review in AD Investigation
ORAL HEARINGS
22/5/2019-DGTR 07-11-19
Single Mode Optical Fiber imported into India Schedules oral hearing in Safeguard Investigation on 21 November, 2019
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Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
7/17/2019-DGTR 19-11-19
Glass Fibre and articles thereof originating in or ex-ported from China PR
Reschedules oral hearing in Mid Term Review of AD Investigation on 3 December, 2019
22/3/2019-DGTR 20-11-19
Phenol imported into India Schedules oral hearing in Safeguard Investigation on 4 December, 2019
6/10/2019-DGTR 25-11-19
Polystyrene of all types except expandable Polysty-rene originating in or exported from Iran, Malaysia, Singapore, Chinese Taipei, UAE and USA
Schedules second oral hearing in AD Investigation on 11 December, 2019 pursuant to change of the Designated Authority
22/04/2019-DGTR 25-11-19
Refined Bleached Deodorised Palmolein and Re-fined Bleached Deodorised Palm Oil originating in or exported from Malaysia under India-Malaysia Com-prehensive Economic Cooperation Agreement (Bilat-eral Safeguard Measures) Rules, 2017
Schedules second oral hearing in Bilateral Safe-guard Investigation on 11 December, 2019 pursu-ant to change of the Designated Authority
6/4/2019-DGTR 25-11-19
Aluminium and Zinc coated flat products originating in or exported from China PR, Vietnam and Korea RP
Schedules second oral hearing in AD Investigation on 4 December, 2019 pursuant to change of the Designated Authority
6/11/2019-DGTR 25-11-19
Multi Filament Yarn originating in or exported from China PR, Taiwan, Thailand and Korea RP
Schedules second oral hearing in AD Investigation on 5 December, 2019 pursuant to change of the Designated Authority
6/3/2019-DGTR 25-11-19
Chlorinated Polyvinyl Chloride (CPVC) Resin- whether or not further processed into compound orig-inating in or exported from China PR and Korea RP
Schedules second oral hearing in AD Investigation on 3 December, 2019 pursuant to change of the Designated Authority
6/9/2019-DGTR 25-11-19
Coated/ plated tin mill flat rolled steel products origi-nating in or exported from European Union, Japan, USA and Korea RP
Schedules second oral hearing in AD Investigation on 6 December, 2019 pursuant to change of the Designated Authority
14/1/2014-DGAD (Pt) 25-11-19
Cold-Rolled Flat Products of Stainless-Steel originat-ing in or exported from China PR, Korea RP, Euro-pean Union, South Africa, Taiwan, Thailand and USA
Schedules second oral hearing in Anti-Circumven-tion Investigation on 3 December, 2019 pursuant to change of the Designated Authority
6/7/2019-DGTRD (Pt) 25-11-19
Digital Offset Printing Plates originating in or ex-ported from China PR, Korea, Taiwan and Vietnam
Schedules second oral hearing in AD Investigation on 5 December, 2019 pursuant to change of the Designated Authority
7/9/2019-DGTR 25-11-19
Acetone originating in or exported from Korea RP, Taiwan, Saudi Arabia
Schedules second oral hearing in Sunset Review Investigation on 6 December, 2019 pursuant to change of the Designated Authority
7/11/2019-DGTR 25-11-19
Di Methyl Acetamide (DMAC) originating in or ex-ported from China PR and Turkey
Schedules second oral hearing in Mid-Term Re-view Investigation on 5 December, 2019 pursuant to change of the Designated Authority
6/12/2019-DGTR 25-11-19
Flat Rolled Products of Stainless-Steel originating in or exported from China PR, Korea RP, European Un-ion, Japan, Taiwan, Indonesia, USA, Thailand, South Africa, UAE, Hong Kong, Singapore, Mexico, Vi-etnam and Malaysia
Schedules second oral hearing in AD Investigation on 12 December, 2019 pursuant to change of the Designated Authority
7/10/2019-DGTR 26-11-19
Sheet Glass originating in or exported from China PR
Schedules second oral hearing in Sunset Review in AD Investigation on 18 December, 2019 pursu-ant to change of the Designated Authority
7/12/2019-DGTR 26-11-19
Flexible Slabstock Polyol originating in or exported from Singapore
Schedules second oral hearing in Sunset Review in AD Investigation on 18 December, 2019 pursu-ant to change of the Designated Authority
FINAL FINDINGS
6/17/2018-DGAD 05-11-19
Continuous Cast Copper Wire Rods originating in or exported from Indonesia, Malaysia, Thailand and Vi-etnam
Final Findings issued in Anti-Subsidy Investigation
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Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
7/3/2019-DGTR 07-11-19
Clear Float Glass originating in or exported from Pa-kistan, Saudi Arabia and United Arab Emirates (UAE)
Final Findings issued in Sunset Review in AD In-vestigation
15/06/2016-DGAD 08-11-19
Sodium Nitrite originating in or exported from China PR
Final Findings issued in AD Investigation
OTHERS
7/15/2019-DGTR 04-11-19
Electronic Calculators originating in or exported from China PR
Proposes final Product Control Number (PCN) Methodology in Sunset Review of AD Investigation
7/15/2019-DGTR 04-11-19
Time for filing questionnaire response in Sunset Review of AD Investigation extended until 18 No-vember, 2019
6/22/2019-DGTR 04-11-19
Electronic Calculators originating in or exported from Malaysia
Proposes final Product Control Number (PCN) Methodology in AD Investigation
6/23/2019-DGTR 04-11-19
Faced Glass Wool in rolls originating in or exported from China PR
Time for filing questionnaire response in AD Inves-tigation extended until 22 November, 2019
05-11-19 Styrene Butadiene Rubber originating in or exported from Korea RP
Questionnaire forms issued for Importers, Govern-ment and Exporters in Anti-Subsidy Investigation Importer's Questionnaire Government's Questionnaire Exporter's Questionnaire
22/8/2019-DGTR 06-11-19
Phthalic Anhydride originating in or exported from Korea RP under India-Korea Comprehensive Eco-nomic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Time for filing questionnaire response in Bilateral Safeguard Investigation extended until 30 Novem-ber, 2019
22/5/2019-DGTR 06-11-19
Single Mode Optical Fiber imported into India
Preliminary Findings issued in Safeguard Investi-gation
22/5/2019-DGTR 07-11-19
Time for filing questionnaire response in Safe-guard Investigation extended until 15 November, 2019
7/18/2019-DGTR 08-11-19
Acrylic Fiber originating in or exported from Thailand Time for filing questionnaire response in Sunset Review of AD Investigation extended until 3 De-cember, 2019
15/4/2014-DGAD 08-11-19
Cold Rolled Flat Products of Stainless-Steel originat-ing in or exported from China PR, Korea, European Union, South Africa, Taiwan, Thailand and USA
Name of exporter changed
14/10/2015-DGAD 08-11-19
Styrene Butadiene Rubber of 1500 series and 1700 series originating in or exported from European Un-ion, Korea RP or Thailand
11-11-19 Fiberboards originating in or exported from Indone-sia, Malaysia, Sri Lanka, Thailand and Vietnam
Questionnaire forms issued for Importers, Govern-ment and Exporters in Anti-Subsidy Investigation Importer's Questionnaire Government's Questionnaire Exporter's Questionnaire
15-11-19
Isopropyl Alcohol imported into India
Questionnaire forms issued for Importers, Domes-tic Producer and Exporters in Safeguard (Quantita-tive Restrictions) Investigation Importer's Questionnaire Domestic Producer's Questionnaire Exporter's Questionnaire
18-11-19
Polybutadiene Rubber originating in or exported from Korea RP under India-Korea Comprehensive Eco-nomic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Questionnaire forms issued for Importers, Domes-tic Producer and Exporters in Bilateral Safeguard Investigation Importer's Questionnaire
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Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
Domestic Producer's Questionnaire Exporter's Questionnaire
7/16/2019-DGTR 19-11-19
Hot Rolled Flat Products of Stainless Steel - 304 grade originating or exported from China PR, Korea RP and Malaysia
Time for filing questionnaire response of Sunset Review in AD Investigation extended until 6 De-cember, 2019
7/16/2019-DGTR 19-11-19
Choline Chloride in all forms originating or exported from China PR, Malaysia and Vietnam
Time for filing questionnaire response in AD Inves-tigation extended until 4 December, 2019
6/24/2019-DGTR 19-11-2019
Polyethylene Terephthalate originating in or exported from China PR
Time for filing questionnaire response in AD Inves-tigation extended until 9 December, 2019
6/14/2019-DGTR 19-11-19
Clear Float Glass originating in or exported from Ma-laysia
Time for filing questionnaire response in Anti-Sub-sidy Investigation extended until 3 December, 2019
6/23/2019-DGTR 19-11-19
Faced Glass Wool in Rolls originating in or exported from China PR
Time for filing questionnaire response in AD Inves-tigation extended until 2 December, 2019
14/10/2015-DGAD 22-11-19
Styrene Butadiene Rubber of 1500 series and 1700 series originating, in or exported from European Un-ion, Korea RP or Thailand
Corrigendum issued to Final Findings in AD Inves-tigation
6/16/2019-DGTR 29-11-19
Flat Products of Stainless-Steel originating in or ex-ported from Indonesia
Time for filing questionnaire response in Anti-Sub-sidy Investigation extended until 16 December, 2019
Brazil Ministry of Development, Industry and Trade
Reference Merchandise/Country Action
CAMEX Res. № 7 Ethanolamines - monoethanolamines (MEA) and triethanolamines (TEA), origi-nating in Germany and USA
Extends definitive ADD for a period of up to 5 (five) years. It sus-pends the application of the ADD to Germany immediately after its extension.
CAMEX Res. № 8 Cast iron pipes originating in China, the United Arab Emirates and India
Applies a definitive ADD for a period of up to five (5) years and sus-pends its application for up to one year, in the public interest
CAMEX Res. № 9 Padlocks, originating in China Extends the definitive anti-dumping duty for a period of up to 5 (five) years with immediate suspension after its extension
CAMEX Res. № 12
Hair brushes originating in China Extends the definitive anti-dumping duty for a period of up to 5 (five) years
Opportunity to Request Administrative Review
In a November 1, 2019 Federal Register notice, the US Department of Com-
merce announced that it will receive requests to conduct administrative re-
views of various antidumping (AD) and countervailing duty (CVD) orders and
findings with November anniversary dates:
AD/CVD Proceedings - Country/ Merchandise Case No. Period
Antidumping Duty Proceedings
Brazil: Circular Welded Non-Alloy Steel Pipe, A–351–809 11/1/18–10/31/19 India: Welded Stainless Pressure Pipe, A–533–867 11/1/18–10/31/19 Indonesia: Coated Paper Suitable For High-Quality
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AD/CVD Proceedings - Country/ Merchandise Case No. Period
Print Graphics Using Sheet-Fed Presses, A–560–823 11/1/18–10/31/19 Monosodium Glutamate, A–560–826 11/1/18–10/31/19 Italy: Forged Steel Fittings, A–475–839 5/17/18–10/31/19 Mexico: Circular Welded Non-Alloy Steel Pipe, A–201–805 11/1/18–10/31/19 Seamless Refined Copper Pipe and Tube, A–201–838 11/1/18–10/31/19 Steel Concrete Reinforcing Bar, A–201–844 11/1/18–10/31/19 S. Korea: Circular Welded Non-Alloy Steel Pipe, A–580–809 11/1/18–10/31/19 Taiwan: Certain Circular Welded Non-Alloy Steel Pipe, A–583–814 11/1/18–10/31/19 Certain Hot-Rolled Carbon Steel Flat Products, A–583–835 11/1/18–10/31/19 Thailand: Certain Hot-Rolled Carbon Steel Flat Products, A–549–817 11/1/18–10/31/19 PR of China: Diamond Sawblades and Parts Thereof, A–570–900 11/1/18–10/31/19 Certain Hot Rolled Carbon Steel Flat Products, A–570–865 11/1/18–10/31/19 Certain Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses, A–570–958 11/1/18–10/31/19 Certain Cut-To-Carbon Steel, A–570–849 11/1/18–10/31/19 Fresh Garlic, A–570–831 11/1/18–10/31/19 Forged Steel Fittings, A–570–067 5/17/18–10/31/19 Lightweight Thermal Paper, A–570–920 11/1/18–10/31/19 Monosodium Glutamate, A–570–992 11/1/18–10/31/19 Paper Clips, A–570–826 11/1/18–10/31/19 Polyethylene Terephthalate (Pet) Film, A–570–924 11/1/18–10/31/19 Pure Magnesium in Granular Form, A–570–864 11/1/18–10/31/19 Refined Brown Aluminum Oxide, A–570–882 11/1/18–10/31/19 Seamless Carbon and Alloy Steel Standard, Line And Pressure Pipe, A–570–956 11/1/18–10/31/19 Seamless Refined Copper Pipe and Tube, A–570–964 11/1/18–10/31/19 Sodium Gluconate, Gluconic Acid, and Derivative Products, A–570–071 7/10/18–10/31/19 Ukraine: Certain Hot-Rolled Carbon Steel Flat Products, A–823–811 11/1/18–10/31/19 United Arab Emirates: Polyethylene Terephthalate (Pet) Film, A–520–803 11/1/18–10/31/19
Countervailing Duty Proceedings
India: Welded Stainless Pressure Pipe, C–533–868 1/1/18–12/31/18 Indonesia: Certain Coated Paper Suitable For High- Quality Print Graphics Using Sheet-Fed Presses, C–560–824 1/1/18–12/31/18 PR of China: Chlorinated Isocyanurates, C–570–991 1/1/18–12/31/18 Certain Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses, C–570–959 1/1/18–12/31/18 Forged Steel Fittings, C–570–068 3/14/18–12/31/18 Lightweight Thermal Paper, C–570–921 1/1/18–12/31/18 Seamless Carbon and Alloy Steel Standard, Line, And Pressure Pipe, C–570–957 1/1/18–12/31/18 Sodium Gluconate, Gluconic Acid, and Derivative Products, C–570–072 5/23/18–12/31/18 Turkey: Steel Concrete Reinforcing Bar, A–489–819 1/1/18–12/31/18
Suspension Agreements
Ukraine: Certain Cut-To-Length Carbon Steel Plate, A–823–808 11/1/18–10/31/19
Requested Reviews
In a November 12, 2019 Federal Register notice, the US Department of Com-
merce announced that it has received timely requests to conduct administra-
tive reviews of various antidumping and countervailing duty orders and find-
ings with September anniversary dates. See actual notices for companies re-
questing review:
AD/CVD Proceedings - Country/ Merchandise Case No. Period
Antidumping Proceedings
Editor, International Trade Compliance Update
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 stuart.seidel@bakermcken-
zie.com
This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior re-sults do not guarantee a simi-lar outcome.
Please see copyright and acknowledgements on the last page
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AD/CVD Proceedings - Country/ Merchandise Case No. Period
Brazil: Cold-Rolled Steel Flat Products A-351-843 9/1/18 - 8/31/19 Emulsion Styrene-Butadience Rubber A-351-849 9/1/18 - 8/31/19 India: Certain Line Paper Products A-533-843 9/1/18 - 8/31/19 Oil Country Tubular Goods A-533-857 9/1/18 - 8/31/19 Japan: Tin Mill Products A-588-854 8/1/18 - 7/31/19 Mexico: Emulsion Styrene-Butadiene Rubber A-201-848 9/1/18 - 8/31/19 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes A-201-847 9/1/18 - 8/31/19 S. Korea: Certain Cold-Rolled Steel Flat Products A-580-881 9/1/18 - 8/31/19 Emulsion Styrene-Butadiene Rubber A-580-890 9/1/18 - 8/31/19 Heavy Walled Rectangular Welded Carbon Pipes and Tubes A-580-880 9/1/18 - 8/31/19 Oil Country Tubular Goods A-580-870 9/1/18 - 8/31/19 SR of Vietnam: Oil Country Tubular Goods A-552-817 9/1/18 - 8/31/19 Taiwan: Forged Steel Fittings A-583-863 5/17/18 - 8/31/19 Narrow Woven Ribbons With Woven Selvedge A-583-844 9/1/18 - 8/31/19 PR of China: Certain Magnesia Carbon Bricks A-570-954 9/1/18 - 8/31/19 Turkey: Oil Country Tubular Goods A-489-816 9/1/18 - 8/31/19 Heavy Walled Rectangular Welded Carbon Steel Pipes A-489-824 9/1/18 - 8/31/19 United Kingdom: Cold-Rolled Steel Flat Products A-412-824 9/1/18 - 8/31/19
Countervailing Duty Proceedings
Brazil: Cold-Rolled Steel Flat Products C-351-844 1/1/18 - 12/31/18 S. Korea: Certain Cold-Rolled Steel Flat Products C-580-882 1/1/18 - 12/31/18 PR of China: Magnesia Carbon Bricks C-570-955 1/1/18 - 12/31/18 Narrow Woven Ribbons With Woven Selvedge C-570-953 1/1/18 - 12/31/18 Turkey: Oil Country Tubular Goods C-489-817 1/1/18 - 12/31/18 Heavy Walled Rectangular Welded Carbon Steel Pipes C-489-825 1/1/18 - 12/31/18
Suspension Agreements
None
Initiation of Sunset Reviews
In a November 1, 2019, Federal Register notice, the US Department of Com-
merce 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–570–996 731–TA–1238 China Non-Oriented Electrical Steel (1st Review) C–570–997 701–TA–506 China Non-Oriented Electrical Steel (1st Review) A–428–843 731–TA–1239 Germany Non-Oriented Electrical Steel (1st Review) A–588–872 731–TA–1240 Japan Non-Oriented Electrical Steel (1st Review) A–580–872 731–TA–1241 S. Korea Non-Oriented Electrical Steel (1st Review) A–401–809 731–TA–1242 Sweden Non-Oriented Electrical Steel (1st Review) A–583–851 731–TA–1243 Taiwan Non-Oriented Electrical Steel (1st Review) C–583–852 701–TA–508 Taiwan Non-Oriented Electrical Steel (1st Review)
CORRECTION (84 FR 66154, 12-03-19): Commerce inadvertently omitted the ADD and CVD suspension agreements on Sugar from Mexico (A– 201–845 and C–201–846) from the list of cases for which sunset reviews initiate in November 2019.
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Advance Notification of Sunset Reviews
In a November 1, 2019, Federal Register notice, the US Department of Com-
merce advised that the following cases were scheduled for five-year (“Sunset”)
reviews for December.
AD/CVD Proceedings - Merchandise/Country Case No.
Antidumping Duty Proceedings
Calcium Hypochlorite from China A–570–008 (1st Review) Carbon and Certain Alloy Steel Wire Rod from China A–570–012 (1st Review) Electrolytic Manganese Dioxide from China A–570–919 (2nd Review) Lightweight Thermal Paper from China A–580–872 (2nd Review)
Countervailing Duty Proceedings
Calcium Hypochlorite from China C–570–009 (1st Review) Carbon and Certain Alloy Steel Wire Rod from China C–570–013 (1st Review) Lightweight Thermal Paper from China A–580–872 (2nd Review)
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in December 2019
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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
Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets
Peerapan Tungsuwan Bangkok
Nick Coward & Janet Kim Washington DC
Miguel Noyola Chicago/Washington DC
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