Baker McKenzie

International Trade Compliance Update | July 2021

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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 | July 2021

Dear Readers, We take this opportunity to bid a fond farewell and thank you to Stu Seidel, who for the past 19 years has been the editor of the Baker McKenzie Inter-national Trade Compliance Update newsletter. After a tremendous 51+ years of practicing customs law, Stu will be retiring on June 30, 2021. Stu joined Baker McKenzie as a partner in the Interna-tional Trade group in Washington, DC in 2001, having previously served as Assistant Commissioner for the US Customs Service (now US Customs and Border Protection). Please join us in thanking Stu for his dedication to the Trade community, to Baker McKenzie, and to the newsletter and in wishing him all of the best for his next chapter! Going forward, we will be transitioning the PDF newsletter to a fully virtual format that will feature more original curated content from our global trade team. Baker McKenzie's revamped international trade compliance newslet-ter and blog will be coming soon! Stay tuned for more details in the coming weeks and, in the meantime, we invite you to visit and subscribe to our inter-national trade blogs:

International Trade Compliance Update Sanctions & Export Controls Update

Global Supply Chain Compliance Foreign Investment and National Security Blog BREXIT Global Compliance News

Jennifer Trock Chair, Global Aviation Group and North America International Commercial Practice Group

Please see our Webinars, Meetings, Seminars section for information for links to the webinars in our 18th annual Global Trade and Supply Chain Webinar Series: “International Trade & Developments in a World Fo-cused on Recovery & Renewal,” which is on-going, as well as links to addi-tional webinars and other events.

This Update covers material published through June 26, or 28 (US), 2021

In This Issue:

World Trade Organization (WTO)

World Customs Organization (WCO)

Other International Matters

North America

South America

Asia-Pacific

Europe, Middle East and North Africa

Africa (except North Africa)

Newsletters, reports, articles, etc.

Webinars, Meetings, Seminars, etc.

WTO Cov id-19 Notifications

WTO TBT Notifications

CBP Rulings: Downloads and Searches

CBP Rulings: Rev ocations or Modifi-

cations

European Classification Regulations

Section 337 Actions

Antidumping, Counterv ailing Duty and Safeguard Inv estigations, Or-

ders & Rev iews

Ed-itor

Inter-na-tional Trade

Compliance Update

Editor, International Trade Com-

pliance Update

Stuart P. Seidel

Washington, D.C.

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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Note: Unless otherw ise indicated, all information in this Update is taken from off icial ga-zettes, off icial w ebsites, new sletters or press releases of international organizations

(UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or

government agencies. The specif ic source usually may be obtained by clicking on the

blue hypertext link. Please note that as a general rule, information related to f isheries is not covered.

WORLD TRADE ORGANIZATION (WTO)

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 601 China - Anti-Dumping Measures on Stainless Steel Products from

Japan - Request for consultations by Japan 15-06-21

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 activities. 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 documents):

DS No. Case Name Activity Date

DS 589 China - Measures Concerning the Importa-

tion of Canola Seed from Canada -

Request for the es-

tablishment of a

Panel by Canada

18-06-21

COVID-19: Trade and trade-related measures

The WTO has set up a dedicated webpage to help governments, business, the media and the public track the latest information on trade-related responses to the COVID-19 outbreak. For measures posted during the period covered by this Update, see the WTO COVID-19 Trade and Trade-Related Measures section below.

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 technical regulations that could affect trade with other Member countries. The WTO Secre-tariat distributes this information in the form of “notifications” to all Member coun-tries. See separate section on WTO TBT Notifications for a table which summa-rizes notifications posted by the WTO during the past month.

WORLD CUSTOMS ORGANIZATION (WCO)

Announcements and news releases [dd-mm-yy]

Date Title

01-06-21 WCO Workshop to support Esw atini Customs w ith Risk Management

02-06-21 East African Customs administrations confirmed their advancement together un-

der the WCO/JICA Joint Project

03-06-21

The WCO COVID-19 Project supports Madagascar Customs in enhancing its

preparedness by drafting Standard Operating Procedures to expedite the move-ment of relief goods and humanitarian aid

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

w ith information on recent legal de-

velopments and issues of signif i-

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 . -o-

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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Date Title

04-06-21

WCO Secretary General addresses the 43rd Annual Conference of the Carib-

bean Customs Law Enforcement Council (CCLEC)

On World Environment Day, the WCO joins the call for action to restore our eco-

systems

07-06-21

WCO Secretary General addresses trade ministers and business leaders from

the Asia-Pacif ic Economic Cooperation (APEC)

Regional online Workshop on Customs Valuation and Transfer Pricing jointly

held by WCO and OECD

WCO and OLAF strengthen cooperation to tackle customs fraud

Virtual Workshop on Organizational Performance Measurement for the WCO

MENA Region

Virtual PITCH training deployed in Panama w ithin the WCO-UNODC Container

Control Programme

09-06-21

The GTFP pursues its collaboration w ith the Customs Administration of Peru

w ith a Strategic Planning Mission

The European Union introduces new Value-Added Tax rules for e-commerce

from 1 July 2021

WCO supports global f ight against illicit traff icking during a joint Press Confer-

ence in Antw erp

10-06-21 WCO Europe Region Heads of Customs Meeting in preparation for the upcom-

ing Council Session

11-06-21

10th ASEAN - WCO Consultation

Successful completion of West Africa MTP resulting a pool of 18 quality trainers

on Risk Management and Intelligence Analysis (RM & IA)

14-06-21 The WCO facilitates a virtual LMD w orkshop for the National Directorate of Tax

and Customs of Colombia

16-06-21

COPES CCP Training for Iraq Customs

The RKC MC concluded Step 2 under the Four step framew ork of the compre-

hensive review of the RKC

Launching Ceremony of the WCO Regional Dog Training Centre in Korea and

WCO Virtual Workshop on Canines for the Asia/Pacif ic region

17-06-21

Sida-WCO Trade Facilitation and Customs Modernization Programme initiates

support to the Botsw ana Unif ied Revenue Service (BURS)

Botsw ana is making headw ay in implementing advance rulings

Zimbabw e Revenue Authority taking steady road to implement HS 2022

Enhancing national border agency cooperation w ith the Peruvian Border Agen-

cies

Free zone experts of the North of Africa, North and Middle East Region discuss

effective implementation of the WCO Practical Guidance on Free Zones

22-06-21 The Intermediate course on Data Analytics is now available on CLiKC!

23-06-21 COPES CCP Training for Kazakhstan Customs

24-06-21

19th Integrity New sletter

WCO Supports Integrity and Trade Facilitation Priorities in Ecuador

WCO Programmes Help Build Trust betw een Customs and the Private Sector in

Mozambique

Latest edition of WCO New s now available

A new WCO Regional Customs Laboratory in Nanjing, China

WCO virtual Workshop to support The Gambia’s process of accession to the

Revised Kyoto Convention

25-06-21

Zimbabw e reaches another landmark in w ork on tariff matters

WCO EUR Regional Workshop on Data Analytics

International Day against Drug Abuse and Illicit Traff icking

26-06-21 WCO Council renew s support for the Secretariat in preparation for a post-pan-

demic w orld

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OTHER INTERNATIONAL MATTERS

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

25-06-21 2021/042 - CITES Big Cats Task Force

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 Exporter Guide series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, import require-ments, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports web-site.

Member GAIN Report

Burma FAIRS Export Certif icate Report Annual

Canada Consultation on Regulatory Requirements for the Environmental Release of

Plants

China Draft Food Safety Standard for Use of Food Additives

Hong Kong Written Submission to WTO Panel on U.S. Origin Marking Requirement

India US-India Transitory Timeline for Organic Market Access and Accreditation

India Bulk Food Labeling Requirements Remain in Effect

Indonesia New Foreign Dairy Facility Registration Questionnaire

Japan USJTA Treatment for Fresh Fruit

Japan USJTA Treatment for Frozen and Dried Fruit

Japan USJTA Treatment for Pulses

Japan USJTA Treatment for Vegetable Preparations and Juice

Japan USJTA Treatment for Coarse Grains

Japan USJTA Treatment for Fresh and Frozen Vegetables

Japan Voluntary Government Standards for Vegetarian and Vegan Food

Japan USJTA Treatment for Coffee Tea and Spices

Japan USJTA Treatment for Sugars and Sugar Confectionary

Japan USJTA Treatment for Fruit Juice and Jams 2021

Japan USJTA Treatment for Whey 2021

Japan USJTA Treatment for Fruit Preparations 2021

Japan USJTA Treatment for Yogurt and Other Dairy Components 2021

Japan USJTA Treatment for Fats and Oils 2021

Japan Feed Import Regulations and Standards

Malaysia Enforcing Nutrition Labeling Requirements for Processed Foods

Malaysia New Labeling Requirements for Chilled and Frozen Beef

Mexico Front of Pack Labeling Manual Published

Russia Traceability System for Grain and Grain Products

Russia FAIRS Export Certif icate Report

Russia VPSS Introduces Contrasting Proposals on the Importation and Transporta-

tion of GE Products To and Within the Russian Federation

Sri Lanka Restricting Import of Fertilizers and Agrochemicals

Sri Lanka FAIRS Country Report Annual

Sri Lanka FAIRS Export Certif icate Report Annual

Turkey FAIRS Export Certif icate Report

Ukraine FAIRS Export Certif icate Report

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NORTH AMERICA

CANADA

Canada imposes sanctions against listed persons in Belarus

Effective June 21, 2021, the Government of Canada imposed new sanctions against 17 individuals and 5 entities under the Special Economic Measures (Bel-arus) Regulations (the “Regulations”). The sanctions were imposed in response to alleged systemic human rights violations and the May 23, 2021 diversion, by the Belarusian regime, of Ryanair Flight 4978 from its planned course in order to land in Minsk. The imposition of sanctions by the Government of Canada was taken in coordination with the United Kingdom, European Union, and United States.

Listed persons under the Regulations are considered inadmissible to Canada un-der the Immigration and Refugee Protection Act. In addition, the Regulations ef-fectively impose an asset freeze on listed persons because, subject to prescribed exceptions, it is prohibited for any person in Canada and any Canadian outside of Canada to:

1. deal in any property, w herever situated, that is ow ned, held or controlled by a listed person or by a person acting on behalf of a listed person;

2. enter into or facilitate any transaction related to a dealing referred to in point (1) above;

3. provide any f inancial or related services in respect of a dealing referred to in point (1) above;

4. make available any goods, w herever situated, to a listed person or to a person acting on behalf of a listed person; and

5. provide any f inancial or related service to or for the benefit of a listed person.

The Regulations further prohibit any person in Canada and any Canadian outside of Canada from knowingly doing anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in any of the prohibited activities de-scribed above. For additional background information, please see the press re-lease (here) from the Government of Canada regarding the imposition of these sanctions.

Authors: Paul D. Burns, Brian Cacic and Jacqueline Rotondi.

Miscellaneous regulations and proposals

The following documents of interest to international traders were published in the Canada Gazette. (The sponsoring ministry, department or agency is also shown. N=notice, PR=proposed regulation, R=regulation, O=Order)

Publication Date

Title

06-05-21

PUBLIC HEALTH AGENCY OF CANADA (PHA): Minimizing the Risk of Exposure to

COVID-19 in Canada Order (Prohibition of Entry into Canada from any Coun-

try Other than the United States) (OIC)

PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibi-

tion of Entry into Canada from the United States) (OIC)

PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quaran-

tine, Isolation and Other Obligations) (OIC)

NATIONAL RESOURCES: Proposed Regulations Amending the Explosives Regu-

lations, 2013 (Restricted Components) (PR)

06-09-21 FINANCE/GLOBAL AFFAIRS: Order Repealing the United States Surtax Order

(Aluminum 2020) (SOR/2021-112, June 1, 2021) (O)..

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Publication Date

Title

HEALTH: Order Fixing June 30, 2021 as the Day on Which Sections 45 to 58 of

the Canada–European Union Comprehensive Economic and Trade Agree-

ment Implementation Act Come into Force (SI/2021-25, June 1, 2021)

06-12-21 HEALTH: Proposed Regulations Amending the Food and Drug Regulations (Ex-

ports and Transhipments of Drugs). (PR)

06-23-21

GLOBAL AFFAIRS: Order Amending the Export Control List (SOR/2021-121,

June 4, 2021)

HEALTH: Nicotine Concentration in Vaping Products Regulations. (SOR/2021-

123, June 10, 2021) (R)

GLOBAL AFFAIRS: Regulations Defining “off icial development assistance”

(SOR/2021-128, June 10, 2021) (R)

06-26-21

HEALTH: Interim Order Respecting Ultraviolet Radiationemitt ing Devices and

Ozone-generating Devices (O)

HEALTH: Order Approving the Interim Order Respecting Ultraviolet Radiation-

emitting Devices and Ozone-generating Devices (OIC)

HEALTH: Proposed Regulations (PR) the Food and Drug Regulations (Supple-

mented Foods) (PR)

HEALTH: Proposed Regulations Amending the Natural Health Products Regula-

tions .(PR)

CBSA advance rulings

The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by pub-lishing ruling letters in their entirety, with the applicant’s consent, on the CBSA Web site.

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. (Dates are given in yyyy/mm/dd format.)

Date Reference Title

05-28-21 D9-1-6 Goods manufactured or produced part by prison or forced labour

06-23-21 CN 21-16 Amendments to the Departmental Consolidation of the Customs

Tariff

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-tions, 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 which appear to apply to international trade are listed. (An unofficial English translation is shown.)

Publication

Date

Title

06-01-21

FOREIGN RELATIONS: Promulgative Decree of the Trade Continuity Agreement

betw een the United Mexican States and the United Kingdom of Great Britain

and Northern Ireland, made in Mexico City on December 15, 2020.

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Publication Date

Title

FOREIGN RELATIONS: Promulgative Decree of the Agreement relating to Article

12 of the Trade Continuity Agreement betw een the United Mexican States and

the United Kingdom of Great Britain and Northern Ireland, entered into by

means of an exchange of letters dated in Mexico City on December 29, 2020.

HACIENDA: Resolution that establishes the General Rules relating to the appli-

cation of the customs provisions of the Trade Continuity Agreement betw een

the United Mexican States and the United Kingdom of Great Britain and North-

ern Ireland.

HACIENDA: Sixth Resolution of modif ications to the General Rules of Foreign

Trade for 2020.

ECONOMY : Agreement by w hich the Applicable Rate of the General Import Tax

is disclosed for goods originating in the United Kingdom of Great Britain and

Northern Ireland.

ECONOMY : Agreement by w hich the quota is disclosed to export to the United

Kingdom of Great Britain and Northern Ireland in the period from July 1 of one

year to June 30 of the follow ing year, concentrated frozen orange juice w ith a

degree of concentration greater than 20 ° Brix, originating in the United Mexi-can States.

ECONOMY : Agreement by w hich the quotas to export various products to the

United Kingdom of Great Britain and Northern Ireland originating in the United

Mexican States are disclosed.

ECONOMY : Agreement disclosing the quota and the allocation mechanism for

importing processed tuna, except loins, originating in the United Kingdom of

Great Britain and Northern Ireland.

06-03-21

ECONOMY : Decree by w hich the diverse one that establishes the bases accord-

ing to w hich the Partial Scope Agreement No. 38, signed betw een the United

Mexican States and the Republic of Paraguay, published in the Official Ga-

zette of the Federation w ill be applied on 17 April 2000.

ECONOMY : Acuerdo by w hich the tariff preferences of the Partial Scope of Re-

negotiation Agreement No. 38 entered into betw een the United Mexican

States and the Republic of Paraguay are disclosed

06-04-21

HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the

sale of gasoline in the border region w ith the United States of America, corre-

sponding to the specif ied period, are disclosed.

HACIENDA: Agreement by w hich the amounts of the f iscal incentives applicable

to the sale of gasoline in the border region w ith Guatemala, corresponding to

the specif ied period, are disclosed.

06-08-21

FOREIGN RELATIONS: Decree approving the Second Modifying Protocol to the

Free Trade Agreement betw een the United Mexican States and the Eastern Republic of Uruguay, signed in the city of Santa Cruz de la Sierra, Bolivia, on

November 15, tw o thousand three, signed in Montevideo, on November

tw enty-seven, tw o thousand and nineteen.

FOREIGN RELATIONS: Decree approving the Third Additional Protocol to the

Free Trade Agreement betw een the United Mexican States and the Eastern

Republic of Uruguay, signed in the city of Santa Cruz de la Sierra, Bolivia, on

November 15, tw o thousand three, signed in Montevideo, Oriental Republic of

Uruguay, on November 20, tw o thousand and tw enty.

FOREIGN RELATIONS: Decree approving the Agreement on the Mutual Recogni-

tion and Protection of the Denominations of Spirits betw een the United Mexi-

can States and the United Kingdom of Great Britain and Northern Ireland,

made in Mexico City on November 30 of tw o thousand and tw enty.

06-11-21

FOREIGN RELATIONS: Promulgative Decree of the Agreement betw een the Gov-

ernment of the United Mexican States and the Government of the Hong Kong Special Administrative Region of the People's Republic of China for the Recip-

rocal Promotion and Protection of Investments, made in Davos, Sw itzerland,

on January 23, tw o thousand tw enty.

HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the

sale of gasoline in the border region w ith the United States of America, corre-

sponding to the specif ied period, are disclosed.

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Publication Date

Title

HACIENDA: Acuerdo by w hich the amounts of the f iscal incentives applicable to

the sale of gasoline in the border region w ith Guatemala, corresponding to the

specif ied period, are disclosed.

HACIENDA: Seventh Resolution of Modif ications to the General Rules of For-

eign Trade for 2020.

06-16-21

ECONOMY : Acuerdo that modif ies the one that establishes the merchandise

w hose importation is subject to regulation by the Ministry of Agriculture and

Rural Development, as w ell as the issuance of the certif icate of origin for the

export of coffee.

06-18-21

HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the

sale of gasoline in the border region w ith the United States of America, corre-

sponding to the specif ied period, are disclosed.

HACIENDA: Acuerdo by w hich the amounts of the f iscal incentives applicable to

the sale of gasoline in the border region w ith Guatemala, corresponding to the

specif ied period, are disclosed.

06-23-21 ECONOMY : Acuerdo by w hich the quota to import chicken meat is disclosed un-

der the indicated tariff -quota.

06-24-21

HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the

sale of gasoline in the border region w ith the United States of America, corre-

sponding to the specif ied period, are disclosed.

HACIENDA: Acuerdo by w hich the amounts of the f iscal incentives applicable to

the sale of gasoline in the border region w ith Guatemala, corresponding to the

specif ied period, are disclosed.

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-tions, 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/COMMENTS; H=HEAR-

ING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT

LISTED. IN ADDITION, IN CITATIONS WITHIN ARTICLES, THE ABBREVIATIONS FR (FOR FEDERAL REGISTER) AND CFR (FOR CODE OF FEDERAL REGULATIONS), THE GOVERNMENT’S PREFERRED ABBREVIATIONS, ARE

OFTEN USED INSTEAD OF FED. REG. OR C.F.R., THE BLUE BOOK’S PREFERRED STYLE. FURTHERMORE, STATUTE T ITLES AND REGULATIONS ARE OFTEN ITALICIZED.]

Presidential documents

During the past month, President Biden signed the following documents that re-late to international trade or travel, regulatory reform, national security, law en-forcement or related activities:

Date Subject

06-07-21

Executive Order 14032 of June 3, 2021 - Addressing the Threat From Securi-

ties Investments That Finance Certain Companies of the People's Republic of

China

06-10-21

Executive Order 14033 of June 8, 2021 - Blocking Property and Suspending

Entry Into the United States of Certain Persons Contributing to the Destabilizing

Situation In the Western Balkans

Notice of June 8, 2021- Continuation of the National Emergency With Respect

to the Actions and Policies of Certain Members of the Government of Belarus and Other Persons to Undermine Democratic Processes or Institutions of Bela-

rus

Notice of June 8, 2021 - Continuation of the National Emergency With Respect

to the Western Balkans

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Date Subject

06-11-21 Executive Order 14034 of June 9, 2021 - Protecting Americans' Sensitive Data From Foreign Adversaries

06-23-21 Notice of June 21, 2021 - Continuation of the National Emergency With Re-

spect To North Korea

Also see SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PROD-

UCT EXCLUSIONS and EXPORT CONTROLS AND SANCTIONS sections

The White House announces key findings from 100-day reviews under “America’s Supply Chains” Executive Order and takes ac-tions intended to ensure supply chain resilience

On June 9, 2021, Baker McKenzie’s Global Supply Chain Compliance Blog pub-lished the blog “The White House Announces Key Findings from 100-Day Re-views Under ‘America’s Supply Chains’ Executive Order and Takes Actions In-tended to Ensure Supply Chain Resilience.” The post examines a set of reports published by the White House following a 100-day review of four key supply chains: semiconductor manufacturing and advanced packaging; large capacity batteries, including electric vehicle batteries; critical minerals and materials; and pharmaceuticals and advanced pharmaceutical ingredients. These reports as-sessed risks within these supply chains and provides policy recommendations to address those risks. These reports, along with the accompanied fact sheet, out-line new compliance matters, including export controls, that companies should consider. Details of these measures will be unpacked in further blog posts on the Global Supply Chain Compliance Blog, so we encourage you to subscribe to that blog to ensure that you receive the latest updates.

Authors: Kerry B. Contini and Maria Piontkovska.

FOR COMMERCE SECTION 232 AND USTR SEC. 301 TARIFF AND EXCLUSION INFOR-

MATION AND CBP GUIDANCE ON BOTH, PLEASE SEE THE NEW SECTION BELOW.

USTR announces first meeting of the USMCA Labor Council

On June 11, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing that the Parties to the United States-Mexico-Canada Agreement (USMCA) intend to hold the first meet-ing of the Labor Council virtually, on June 29, 2021. The session will include a government-to-government Labor Council meeting and a virtual public session on implementation of the USMCA labor chapter. The USTR and the US Depart-ment of Labor (DOL) seek suggestions for topics to be discussed during the La-bor Council meeting and questions from the public in advance of the public ses-sion.

The Parties will host a virtual public session on USMCA Chapter 23 (Labor) im-plementation from 12:00 p.m. to 2:00 p.m. EDT on June 29, 2021. The deadline for submission of written suggestions for the Labor Council meeting topics and questions for the public session is June 22, 2021.

[In order to simplify research, Secs. 201, 232 and 301 proclamations, tariff no-

tices and CBP implementation instructions are now be covered in the same sec-tion of this Update, which follows]

SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PRODUCT EX-

CLUSIONS

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SEC. 232

US Court of International Trade declares Section 232 steel and alu-minum tariffs on 'derivative' products invalid and orders refunds the tariff

In brief

On 5 April 2021, the US Court of International Trade (Court) issued a significant ruling that overturns a portion of the Section 232 tariffs imposed by President Trump under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862). The decision affects the duties imposed on US imports of steel and aluminum “derivative” products but not the more general steel and aluminum tariffs. The Court found that President Trump missed the statutory deadline when he ex-tended Section 232 tariffs to cover steel and aluminum derivative products more than two years after he received the original Section 232 report. In particular, the President failed to issue the proclamation expanding the duties within the 105-day window beginning upon receipt of the investigation report issued by the Sec-retary of Commerce. The decision may provide a path to meaningful relief (i.e., refunds and future imports with no Section 232 duties) to importers of these prod-ucts and also provides important precedent for the ongoing litigation challenging the Section 301 tariffs imposed on Chinese goods.

This recent decision follows an earlier one in the same proceeding (Slip Op 21-8, dated 27 January 2021), in which the Court denied both the government's motion to dismiss and the plaintiff's motion for summary judgment, meaning the Court or-dered additional briefing on the critical question of when the 105-day period be-gan. The US Government declined to submit additional evidence on this ques-tion, and the Court concluded that the government therefore waived an argument that it complied with the 105-day time limit. After finding the President's actions unlawful, the Court ordered covered entries to be liquidated without the assess-ment of duties and refunds of past duties paid by the plaintiff.

[Ed: On June 17, 2021, a notice of appeal was filed in the US Court of Appeals for the Federal Circuit and assigned case number 2021-2066. The Short caption is PrimeSource Building Products, Inc. v. US].

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Authors: Kevin M. O’Brien, Christine M. Streatfeild and Caroline Bisk.

SEC. 301

US and UK reach understanding on large civil aircraft; tariffs to be suspended for five years

In a Joint Statement with the UK, on June 17, 2021, the US Trade Representa-tive (USTR) announced that:

The United States and the United Kingdom [today] reached an understanding to resolve a long-standing trade irritant relating to large civil aircraft. This de-velopment strengthens our special relationship and builds on the revitalized Atlantic Charter, which affirms our ongoing commitment to sustaining and de-fending our enduring values against new and old challenges.

The framework provides that the US and the UK will work together to over-come any disagreements in the sector and counter non-market practices. It also provides that they will not impose tariffs related to this dispute for five years. The agreement is a model for ensuring fair competition and address-ing challenges posed by non-market economies.

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The following general principles will guide the cooperation between the United States and the United Kingdom in this sector:

1. The tw o sides w ill establish a Working Group on large civil aircraft, to be led

by each side’s respective Minister responsible for trade. The Trade Ministers

w ill consult at least yearly. The Working Group w ill meet on request or at least every 6 months.

2. The Working Group w ill seek to analyze and overcome any disagreements

betw een the sides, including on any existing support measures. The Work-

ing Group w ill collaborate on and continue discussing and developing these principles and appropriate actions.

3. Each side intends to provide any f inancing to its large civil aircraft (LCA) pro-

ducer for the production or development of large civil aircraft on market terms.

4. Each side intends to provide any funding for research and development

(R&D) for large civil aircraft to its LCA producer through an open and trans-

parent process and intends to make the results of fully government funded

R&D w idely available, to the extent permitted by law . Each side intends not

to provide R&D funding, or other support, that is specif ic, to its LCA producer in a w ay that w ould cause negative effects to the other side.

5. The tw o sides w ill continue discussions to further operationalize paragraphs 3 and 4, w hich apply to all levels of government.

6. Each side intends to collaborate on jointly analyzing and addressing non-

market practices of third parties that may harm their respective large civil air-

craft industries. The tw o sides w ill implement the annexed understanding on cooperation on non-market economies through the Working Group.

7. Each side intends not to impose countermeasures for a period of 5 years,

starting from 4 July 2021, in the expectation that the other side w ill contribute

to establishing fair competition and to addressing shared challenges from non-market economies.

As part of cooperative framework, the United States and the United Kingdom also released an annex on confronting, China and other non-market econo-mies. To more effectively address the challenge posed by non-market econo-mies, the parties will explore concrete ways to intensify their cooperation in these areas:

a. Information sharing. The tw o sides w ill share information regarding cyber-

security concerns, the priorities described below , and other areas relevant to non-market practices in the large civil aircraft sector.

b. Inward investments. The tw o sides w ill coordinate and explore common

approaches and enhanced cooperation regarding the screening of inw ard

investments in the large civil aircraft sector, including those w hose f inancing

is supported by a non-market economy. Such inw ard investments can lead

to the appropriation of critical technologies relevant to the sector by a non-

market economy or a producer located in the territory of a non-market econ-omy, w hich may pose a national security risk.

c. Outward investments. The tw o sides w ill coordinate and explore common

approaches and enhanced cooperation regarding the screening of new out-

w ard investments in joint ventures and production facilities in non-market

economies to ensure that such activities are not influenced by non-market

forces, including conditioning the in-country purchases on the location of

production facilities or other actions, that lead to the transfer of technology or

jobs to the detriment of market-oriented actors, or other risks to national se-curity.

d. Joint analysis of non-market practices. Each side w ill discuss coordinat-

ing their approach to tackling the challenges of non-market competition in

the LCA sector. Some economies do not report transparently all domestic

subsidies and provide extensive support to their large c ivil aircraft sector

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through subsidized equity investment, state lending, and state-directed pur-

chases. The tw o sides w ill share information about such subsidies, and iden-

tify points w here joint w ork is needed to clarify the extent of state support,

w ith the goal of establishing the basis for joint or parallel action in the future,

including through appropriate multilateral mechanisms. Some economies

also do not permit their airlines to make purchases in line w ith commercial

considerations. The tw o sides w ill develop information and consider joint ac-tion to ensure purchases reflect those that private, market-oriented operators w ould undertake.

See the framework here.

See the UK statement here.

The Joint Statement follows a similar announcement on June 15, 2021, by the US and the European Union (see below).

US and EU reach understanding on large civil aircraft; tariffs to be suspended for five years

On June 15, 2021, the White House announced that the US and European Union (EU) have reached an agreement in the 16-year WTO Boeing-Airbus dispute and agreed to address shared challenges from China and other non-market econo-mies. The US and EU will suspend tariffs that were authorized by the WTO that are related to this dispute for five years and work together to challenge and coun-ter China and other non-market economies’ practices in this sector in specific ways that reflect the standards for fair competition. This includes collaboration on inward and outbound investment and tech transfer.

A White House Fact Sheet and a USTR press briefing said both sides agreed to the following general principles to guide their future cooperation:

Suspend the tariffs related to this dispute for five years. This signals a mutual determination to embark on a fresh start in the relationship. The agree-ment also retains flexibility for the United States to reapply tariffs if we’re no longer competing on a level playing field. [These tariffs will remain sus-pended so long as EU support for Airbus is consistent with the terms of this agreement. Should EU support cross a red line and U.S. producers are not able to compete fairly and on a level playing field, the United States retains the flexibility to reactivate the tariffs that are being suspended.]

Establish a Working Group to analyze and overcome any disagreements that may arise between the sides. The Working Group will collaborate on and continue discussing and developing these principles and appropriate ac-tions. The Trade Ministers leading the Working Group will consult at least yearly. The Working Group will meet on request or at least every 6 months.

Ensure that workers and industries can compete on a level playing field. The US and EU agreed to clear statements on acceptable support for large civil aircraft producers that affirm the outcomes of the disputes and the intention of the parties to ensure that workers and industries can compete on a level playing field.

Confront the threat faced from China’s ambitions to build a sector upon non-market practices, including:

Meaningful cooperation on countering (1) investments in the EU and the United States by non-market actors, which can lead to the appro-priation of technology; and (2) outward investments into China that are influenced by non-market forces.

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Identifying where joint work is needed to take parallel action against non-market practices.

Sharing information regarding these and other areas to forge a com-mon approach in the large civil aircraft sector.

See EU announcement in EUROPE section below and here.

See Framework Agreement here.

USTR announces and immediately suspends tariffs in Section 301 Digital Services Taxes investigation

On June 2, 2021, United States Trade Representative (USTR) Katherine Tai an-nounced the conclusion of the one-year Section 301 investigations of Digital Ser-vice Taxes (DSTs) adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom. The final determination in those investigations is to impose additional tariffs of 25% on certain goods (specified in Annex A to each notice) from these countries, while suspending the tariffs for up to 180 days to provide additional time to complete the ongoing multilateral negotiations on international taxation at the OECD and in the G20 process. In each notice, Annex A is effective with re-spect to goods entered for consumption, or withdrawn from warehouse for con-sumption, on or after 12:01 a.m. eastern standard time on November 29, 2021, which is 180 days after the determination of action. In the event the USTR deter-mines that the suspension of the additional duties should be for less than a pe-riod of 180 days, USTR will issue a subsequent notice amending the effective date.

The Federal Register notices announcing and suspending the trade actions in the six investigations were published on June 7, 2021 as indicated below:

Notice of Action in the Section 301 Investigation of Austria’s Digital Services Tax

[Docket No. USTR–2021–0002] Annex A contains a list of 23 tariff subheadings,

w ith an estimated trade value for calendar year 2019 of approximately $65 million

and inserts new U.S. notes 23(a) and 23(b) to subchapter III of chapter 99 in nu-merical sequence and a new heading 9903.90.02.

Notice of Action in the Section 301 Investigation of India’s Digital Services Tax

[Docket No. USTR–2021–0003] Annex A contains a list of 26 tariff subheadings,

w ith an estimated trade value for calendar year 2019 of approximately $119 mil-

lion and inserts U.S. notes 24(a) and 24(b) to subchapter III of chapter 99 in nu-merical sequence and a new heading 9903.90.03.

Notice of Action in the Section 301 Investigation of Italy’s Digital Services Tax

[Docket No. USTR–2021–0004] Annex A contains a list of 44 tariff subheadings

w ith an estimated trade value for calendar year 2019 of approximately $386 mil-

lion and inserts new U.S. notes 25(a) and 25(b) to subchapter III of chapter 99 in numerical sequence and a new heading 9903.90.04.

Notice of Action in the Section 301 Investigation of Spain’s Digital Services Tax

[Docket No. USTR–2021–0005] Annex A contains a list of 27 tariff subheadings,

w ith an estimated trade value for calendar year 2019 of approximately $324 mil-

lion. Annex A inserts new U.S. notes s 26(a) and 26(b) to subchapter III of chap-ter 99 in numerical sequence and new heading 9903.90.05.

Notice of Action in the Section 301 Investigation of Turkey’s Digital Services Tax

[Docket No. USTR–2021–0006] Annex A contains a list of 32 tariff subheadings, w ith an estimated trade value for calendar year 2019 of approximately $310 mil-

lion. Annex A inserts new U.S. notes 27(a) and 27(b) to subchapter III of chapter 99 in numerical sequence and new heading 9903.90.06.

Notice of Action in the Section 301 Investigation of the United Kingdom’s Digital

Services Tax [Docket No. USTR–2021–0007] Annex A contains a list of 67 tariff

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subheadings, w ith an estimated trade value for calendar year 2019 of approxi-

mately $887 million. Annex A inserts new U.S. notes 28(a) and 28(b) to subchap-ter III of chapter 99 in numerical sequence and a new heading 9903.90.07.

In addition, each notice or Annex provides that:

Any product listed in Annex A, except any product that is eligible for admission

under ‘domestic status’ as defined in 19 CFR 146.43, w hich is subject to the ad-

ditional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern standard time on November 29, 2021,

only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41.

Such products w ill be subject upon entry for consumption to any ad valorem

rates of duty or quantitative limitations related to the classif ication under the ap-plicable HTSUS subheading.

The additional duties imposed by new headings [9902.90.02 through 9902.90.07]

do not apply to goods for w hich entry is properly claimed under a provision of

chapter 98 of the HTSUS, except for goods entered under subheadings 9802.00.40, 9802.00.50 and 9802.00.60 and heading 9802.00.80. For subhead-

ings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duties apply to the

value of repairs, alterations or processing performed in the named country and

as described in the applicable subheading. For heading 9802.00.80, the addi-

tional duties apply to the value of the article less the cost or value of such prod-ucts of the United States, as described in heading 9802.00.80.

Products of the named country that are classif ied in the subheadings enumerated

in the notes 23(a) through 28(a) and that are eligible for temporary duty exemp-tions or reductions under subchapter II to chapter 99 shall be subject to the addi-

tional duties imposed by the action, and any such duty exemption or reduction

shall apply only to the permanent general rate prescribed in provisions of chap-ters 1 through 97 of the tariff schedule.

Products of the named countries that are provided for in the new headings

[9903.90.02 through 9903.90.07] and classif ied in one of the subheadings enu-

merated in notes 23(b) through 28(b) shall continue to be subject to antidumping,

countervailing or other duties (including duties imposed by other provisions of subchapter III of this chapter and safeguard duties set forth in provisions of sub-

chapter IV of this chapter), fees, exactions and charges that apply to such prod-ucts, as w ell as to the additional duties imposed herein.

Annex B contains product descriptions that are provided for informational pur-poses only, and are not intended to delimit in any w ay the scope of the action.

CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES

DHS/CBP extend land and ferry travel restrictions to/from Mexico and Canada

On June 23, 2021, Office of the Secretary of the Department of Homeland Secu-rity (DHS) and US Customs and Border Protection (CBP) published in the Fed-eral Register a notification of continuation of temporary travel restrictions at land ports of entry and ferries between the United States and Mexico from June 22, 2021 to July 21, 2021, unless amended or rescinded prior to that time. For pur-poses of the temporary alteration in certain designated ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and (b)(2), travel through the land ports of entry and ferry terminals along the United States-Mexico border shall be limited to “essential travel.” At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico.

On the same date, a similar notification was published by DHS/CBP in the Fed-eral Register that continues to temporarily limit the travel of individuals from Can-ada into the United States at land ports of entry and ferries along the United States-Canada border through July 21, 2021.

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Given the definition of “essential travel” in each notification, the temporary altera-tion in land ports of entry operations should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the two borders.

“Essential travel,” includes, but is not limited to—

U.S. citizens and law ful permanent residents returning to the United States;

Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);

Individuals traveling to attend educational institutions;

Individuals traveling to w ork in the United States (e.g., individuals w orking in the

farming or agriculture industry w ho must travel betw een the United States and Canada in furtherance of such w ork);

Individuals traveling for emergency response and public health purposes (e.g.,

government off icials or emergency responders entering the United States to sup-

port Federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);

Individuals engaged in law ful cross-border trade (e.g., truck drivers supporting the movement of cargo betw een the United States and Canada or Mexico);

Individuals engaged in off icial government travel or diplomatic travel;

Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and

Individuals engaged in military-related travel or operations.

The following travel does not fall within the definition of “essential travel” for pur-poses of this Notification—

Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events).

The CBP Commissioner may determine that other forms of travel, such as travel in furtherance of economic stability or social order, constitute “essential travel” under this Notification. Further, the CBP Commissioner may, on an individualized basis and for humanitarian reasons or for other purposes in the national interest, permit the processing of travelers to the United States not engaged in “essential travel.”

Import restrictions imposed on categories of archaeological and ethnological material of Turkey

On June 16, 2021, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 21-09] that amends the CBP regulations to reflect the imposition of import restrictions on certain categories of archaeolog-ical and ethnological material from the Republic of Turkey (Turkey). These re-strictions are being imposed pursuant to an agreement between the United States and Turkey (the Agreement) that has been entered into under the author-ity of the Convention on Cultural Property Implementation Act (the Act). This final rule amends the CBP regulations by adding Turkey to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. This final rule also contains the Designated List that describes the types of archaeological and ethnological material to which the restrictions ap-ply.

On March 27, 2020, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendation by the Cultural Property Advisory Committee, made the determinations required by the Act, including: (1) that the cultural patrimony of Turkey is in jeopardy from

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the pillage of archaeological material representing Turkey's cultural heritage da-ting from approximately 1.2 million years ago to A.D. 1770, and ethnological ma-terial dating from approximately the 1st century A.D. to A.D. 1923; (2) that the Turkish government has taken measures consistent with the Convention to pro-tect its cultural patrimony; (3) that import restrictions imposed by the United States would be of substantial benefit in deterring a serious situation of pillage and remedies less drastic are not available; and (4) that the application of import restrictions as set forth in the final rule is consistent with the general interests of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes. The Assistant Secretary also found that the material described in the determinations meets the statutory defini-tion of “archaeological or ethnological material of the State Party” (19 U.S.C. 2601(2)).

In accordance with the Agreement, importation of material designated below is subject to the restrictions of 19 U.S.C. 2606 and § 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR 12.104g(a)) and will be restricted from en-try into the United States unless the conditions set forth in 19 U.S.C. 2606 and § 12.104c of the CBP Regulations (19 CFR 12.104c) are met. CBP is amending § 12.104g(a) of the CBP Regulations (19 CFR 12.104g(a)) to indicate that these import restrictions have been imposed. Import restrictions listed as 19 CFR 12.104g(a) are effective for no more than five years beginning on the date on which the Agreement enters into force with respect to the United States. This pe-riod may be extended for additional periods of not more than five years if it is de-termined that the factors which justified the Agreement still pertain and no cause for suspension of the Agreement exists. The import restrictions will expire on March 24, 2026, unless extended.

COAC meeting

On June 8, 2021, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No. USCBP-2021-0020] that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, June 23, 2021 from 1-5 p.m. (EDT) . The meeting will be open to the public via webinar only. There is no on-site, in-person option for this quarterly meeting. Public comments are welcome.

The COAC will hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommen-dations on how to proceed:

1. The Secure Trade Lanes Subcommittee w ill present the follow ing updates: the Trusted Trader Working Group w ill provide an update on the progress of the White

Paper on the Implementation of CTPAT Trade Compliance Requirements for Forced

Labor; the InBond Working Group w ill provide an update on the progress w ith the

technical enhancements being addressed through the Trade Support Netw ork and

the review of regulatory recommendations incorporated w ithin the COAC In-Bond

Modernization White Paper to create future eff iciency and process development; the

Export Modernization Working Group w ill present their White Paper on Export Opera-

tions for the 21st Century along w ith proposed recommendations; and, the Remote

and Autonomous Cargo Processing Working Group w ill provide an update on the de-

velopment of a draft White Paper identifying the potential impact of Remote and Au-tonomous Vehicles to CBP Cargo Processing Operations.

2. The Next Generation Facilitation Subcommittee w ill provide an update on the fol-

low ing w orking groups and task force activities: First, the Re-Imagined Entry Pro-

cesses (RIEP) Working Group has begun a series of deep-dive sessions to review

the entire entry process and examine w hen entry data becomes available. The intent

of these sessions is to determine the points along the supply-chain w here the data is

f irst available in order to enhance the facilitation and security of the entry process and

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may provide some strategic recommendations in this area. Next, the One U.S. Gov-

ernment Working Group w ill provide an update on the follow ing key project: the auto-

mation of electronic documents that are currently required at time of entry and the

Partner Government Agency Disclaim Handbook. Finally, CBP w ill provide an update

on the progress of the E-Commerce and 21st Century Customs Framew ork Task Forces.

3. The Intelligent Enforcement Subcommittee w ill provide a status update on the fol-

low ing: the Bond Working Group w ill report on the continued w ork w ith CBP on the

Monetary Guidelines of Setting Bond Amounts, the status of the risk-based bonding

initiative, and recommendations on the eBond Pilot; the Antidumping/Countervailing

Duty (AD/CVD) Working Group w ill discuss the ongoing challenges associated w ith

the grow ing number of AD/CVD cases; the Intellectual Property Rights (IPR) Process

Modernization Working Group w ill provide updates on past recommendations to fur-

ther the modernization of IPR processes; and, the Forced Labor Working Group w ill

provide an update related to the progress of the three subgroups outlined in the Statement of Work: Informed Compliance Fact Sheet Subgroup, Emerging Traceabil-ity Subgroup, and Forced Labor Report and Metrics Subgroup.

4. The Rapid Response Subcommittee w ill provide an update on the progress of its

tw o w orking groups. First, the USMCA Working Group has identif ied specif ic topics

for review w ith the USMCA Center as the anticipated publication of the new regula-

tions approaches. The topics for discussion include export guidance, e-signatures,

and the marking rules in part 102 of title 19 of the Code of Federal Regulations (19

CFR part 102). Second, the Broker Exam Modernization Working Group w ill provide an update on recent exam modernization activities.

Meeting materials are available at the COAC website: https://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings.

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 laborato-ries reflects different locations and/or products.]

F.R. Date Subject

06-01-21

Application for Identif ication Card [OMB Control No. 1651-0008] (N) [CBP Form

3078]

U.S. Customs Declaration (CBP Form 6059B) [OMB Control No. 1651-0009] (N)

06-07-21 Application for Allow ance in Duties [OMB Control No. 1651-0007] (N) [CBP

Form 4315]

06-11-21 Crew man’s Landing Permit (CBP Form I-95) [OMB Control No. 1651-0114] (N)

06-28-21 Application to Use Automated Commercial Environment (ACE) [OMB Control

No. 1651-0105] (N)

CBP issues final determinations in procurement cases

CBP has published in the Federal Register the following determinations concern-ing the country of origin of merchandise for purposes of US Government procure-ment under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judi-cial review of the final determination within 30 days of the date of publication in the Federal Register. Please note that since the issuance of Acetris Health, LLC v. United States, 949 F.3d 719 (Fed. Cir. 2020), CBP will no longer determine whether a product which is assembled in the United States qualifies as a “U.S. -made end product.”

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F.R. Date Ruling Reference (Date Issued) and Product Country of Origin

06-14-21 HQ H309124 (June 4, 2021) Certain Fixed and

Portable Patient Ceiling Lift Systems

Would not be products of a

foreign country or instrumen-

tality designated pursuant to

19 U.S.C. 2511(b)

“Lever-Rule” application(s) filed

CBP has received the following application(s) for “Lever-Rule” protection pursu-ant to 19 C.F.R. §133.2(f). In the event that CBP determines the goods under consideration are physically and materially different from the goods authorized for sale in the United States, CBP will publish a notice in the Customs Bulletin in-dicating that the referenced trademark is entitled to “Lever-rule” protection with respect to those physically and materially different goods. [Shown as “Approved” below]

Customs

Bulletin Date

Applicant Products Covered by the Appli-

cation Trademark

06-09-21 LifeScan IP

Holdings, LLC

Foreign made blood glucose

testing strips and blood glucose

monitors intended for sale out-

side the United States

“ONETOUCH”

USTM REG. 2,863,393 CBP REC.TMK 12-00526

---

“ONETOUCH ULTRA”

USTM REG. 2,538,658 CBP REC.TMK 03-00074

---

“ONETOUCH VERIO”

USTM REG. 4,112,124

CBP REC. TMK 20-00237

EAPA Notices of Action and Final Determinations

The following Notices of Action and Final Determinations under the Enforce and Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015) relating to alleged evasion of antidumping or countervailing duties were posted by CBP:

Date Subject

06-03-21 EAPA Case 7579: A&A Pharmachem Inc. (Notice of Initiation of Investigation

and Interim Measures, May 27, 2021)

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 imported, the Commissioner of U.S. Customs and Border Protection (CBP) may issue with-hold release orders pursuant to 19 C.F.R. § 12.42(e). The following withhold re-lease orders were issued by the Commissioner during the period of coverage of this Update.

Date Country Merchandise and Manufacturer(s)

06-24-21 China silica-based products made by Hoshine Silicon Industry Co.,

Ltd.,(Xinjiang)

Revocations or modifications of CBP rulings

See separate section below.

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CSMS messages

The following CBP Cargo Systems Messaging Service (CSMS) notices were is-sued 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

06-01-21 CSMS #48380692 - Draw back: AP Continuous Bonding Policy Change

06-02-21

CSMS #48388153 - Information on Upcoming Webinar Series: Navigating the

ACE Secure Data Portal and Running ACE Reports

CSMS #48390775 - Updated ABI Softw are Vendors List

06-03-21 CSMS #48395804 - Updated ACE CATAIR Error Dictionary on CBP.GOV

06-04-21

CSMS #48406822 - ACE PRODUCTION: Scheduled Maintenance, Saturday

June 5, 2021 at 10pm to 4am ET Sunday, June 6, 2021

for ACE infrastructure maintenance and the follow ing ACE

Deployment

CSMS #48407291 - Message Title: FDA Scheduled Maintenance Saturday,

June 5, 2021, 11:00PM EST to June 6, 2021, 12:30AM

EST

CSMS #48410667 - Update: FDA Scheduled Maintenance Saturday, June 5,

2021, 11:00PM EST to June 6, 2021, 12:30AM EST

06-05-21

CSMS #48416508 - Food and Drug Administration (FDA) Entry Processing De-

lays at this Time

CSMS #48417201 RESOLVED- Food and Drug Administration (FDA) Entry

Processing Delays

06-07-21

CSMS #48425729 -Mitigating Procedures For Very Large Truck Shipments

CSMS #48428585 - Emergency Maintenance Affecting ACE EDI processing.

CSMS #48429282 - Resolved-Emergency Maintenance Affecting ACE EDI

processing.

CSMS #48432535 - Emergency Maintenance Affecting ACE Portal

06-08-21 CSMS #48437563 - ACE EDI Delays

CSMS #48438413 - Resolved-ACE EDI Communication Issues

06-09-21

CSMS #48439244 - ACE Tips for Trade w hen Filing U.S. Fish and Wildlife

Service Data.

CSMS #48452595 - Updated ACE CATAIR PGA Status Notif ication Codes

document is available

06-10-21

CSMS #48457565 - Clarif ication related to CSMS #48452595: Updated ACE

CATAIR PGA Status Notif ication Codes

CSMS #48459454 - ACE Ocean and Rail delays

CSMS #48459673 - Resolved-ACE Ocean and Rail delays

CSMS #48463000 - FDA adds ethylene oxide sterilized medical devices pro-cessed at Steril Milano facilities in Monza and Reggiolo,

Italy to Import Alert 89-04

06-14-21 CSMS #48488492 - Updated ACE Development and Deployment Schedule

Posted to CBP.gov/ACE

06-15-21

CSMS #48499818 - Updated Draft Draw back/TFTEA Draw back Entry Sum-

mary Create/Resubmission CATAIR Now Available on

CBP.gov

CAMS #48499888 - Updated Draft Draw back/TFTEA Draw back Entry Sum-

mary Create/Resubmission CATAIR Now Available on

CBP.gov

CSMS #48501903 - Draw back: Merchandise Processing Fee (MPF) Apportion-

ment on Exempt Merchandise

CSMS #48505331 - ACE Certif ication Standard Invasive Maintenance Window

on 06/16/2021 from 5:00pm to 8:00pm EST

06-17-21

CSMS #48523182 - An update to the Department of State, Office of Marine

Conservation (OMC) Supplemental Implementation Guide

is available.

CSMS #48523201 - ACE EDI Delays

CSMS #48524181 - Resolved-ACE EDI Delays

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Date CSMS# and Title

CSMS #48527555 - Government Closure on June 18, 2021

06-21-21

CSMS #48553755 - An update to the Department of State, Office of Marine

Conservation (OMC) Supplemental Implementation Guide

is available.

CSMS #48553831 - Version 5 of the PGA Error Code Dictionary is now availa-

ble

CSMS #48555022 - Updated ABI Softw are Vendors List is now available on

CBP.gov

06-22-21 CSMS #48566907 - ACE Certif ication Extended Invasive Maintenance Window

on 06/23/2021 from 5:00pm to 9:00pm EST

06-23-21

CSMS #48577331 - Broker Management Officer (BMO) Contact List Available

on cbp.gov

CSMS #48577899 -Updated ACE CATAIR Appendix B is available

CSMS #48578170 - Updated ACE Appendix PGA is available

06-25-21

CSMS #48596102 - FDA Scheduled Maintenance Saturday, June 26, 2021,

11:00PM EST to June 27, 2021, 2:30AM EST

CSMS #48596749 - Retail Sales Long-Term Solution for Draw back Exports to

Canada and Mexico Deployed to CERT

CSMS #48596921 - National Commodity Specialist Division (NCSD) June

through August 2021 Webinars

CSMS #48598532 - CORRECTION: Retail Sales Long-Term Solution for

Draw back Exports to Canada and Mexico Deployed to

CERT

Foreign Trade Zones

The following documents were published in the Federal Register by the Foreign-Trade Zones Board:

F.R. Date Document

06-02-21 Foreign-Trade Zone 249 – Pensacola, Florida Application for Reorganization

and Expansion under Alternative Site Framew ork [B-42-2021]

06-03-21

Approval of Subzone Status; Pepperl+Fuchs, Inc., Katy, Texas {B-42-2021]

Foreign-Trade Zone 22— Chicago, Illinois; Authorization of Production Activity,

AbbVie, Inc. (Pharmaceutical Products), North Chicago and Lake County, Illi-

nois [B–04–2021]

06-04-21

Foreign-Trade Zone 265 – Conroe, Texas; Authorization of Production Activity;

Bauer Manufacturing LLC, d/b/a NEORig (Water Well Drilling Rigs), Conroe,

Texas [B-05-2021]

06-07-21

Foreign-Trade Zone 136 – Brevard County, Florida; Notif ication of Proposed

Production Activity; Airbus OneWeb Satellites North America LLC (Satellites

and Satellite Systems) Merritt Island, Florida [B-44-2021]

06-09-21 Approval of Expansion of Subzone 18F, Lam Research Corporation, New ark,

California [S-59-2021]

06-10-21

Foreign-Trade Zone 134 – Chattanooga, Tennessee; Authorization of Produc-

tion Activity; Wacker Polysilicon North America, LLC (Hydrophilic Fumed Silica)

Charleston, Tennessee [B-7-2021]

06-15-21

Foreign-Trade Zone 18 – San Jose, California; Authorization of Production Ac-

tivity, Enovix Corporation, (Lithium Ion Metal Batteries), Fremont, California [B-

9-2021]

Foreign-Trade Zone 281 – Miami-Dade County, Florida; Notif ication of Pro-

posed Production Activity; Intel Corporation (Kitting, Assembly and Packaging

of Computer Electronics), Miami, Florida [B-45-2021]

06-17-21

Foreign-Trade Zone 49 – New ark and Elizabeth, New Jersey; Authorization of Production Activity, Celgene Corporation (Biopharmaceuticals), Warren and

Summit, New Jersey [B-10-2021]

Foreign-Trade Zone 204 – Tri-Cities, Tennessee; Authorization of Production

Activity, Eastman Chemical Company, (Plastics), Kingsport, Tennessee [B-08-

2021]

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F.R. Date Document

Foreign-Trade Zone 5 – Seattle, Washington; Authorization of Production Activ-

ity; Juno Therapeutics, Inc. (Biopharmaceuticals), Bothell, Washington [B-12-

2021]

Foreign-Trade Zone 98 – Birmingham, Alabama; Notif ication of Proposed Pro-duction Activity, Mercedes-Benz U.S. International, Inc., (Electric Motor Vehi-

cles and Battery Assemblies), Vance and Woodstock, Alabama [B-46-2021]

06-23-21

Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Authorization of

Production Activity; Bosch Security Systems, LLC (Surveillance, Detection,

Evacuation, and Management Systems) Greer, South Carolina [B-11-2021]

06-24-21

Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Application for

Production Authority; Teijin Carbon Fibers, Inc.; Extension of Rebuttal Com-

ment Period [B-52-2020]

08-25-21

Foreign-Trade Zone 72 – Indianapolis, Indiana Authorization of Production Ac-

tivity XPO Logistics (Wearable Electronic Communication/Data Device Kitting)

Clayton, Indiana [B-13-2021]

06-28-21 Foreign-Trade Zone 145 – Shreveport, Louisiana; Application for Reorganiza-

tion under Alternative Site Framew ork [B-48-2021]

EXPORT CONTROLS AND SANCTIONS

OFAC issues COVID-19-related General licenses for Syria, Vene-zuela, and Iran

On June 17, 2021, the US Treasury Department’s Office of Foreign Assets Con-trol (OFAC) issued three pandemic-related general licenses (“GLs“) authorizing certain transactions and activities through June 16, 2022, involving Syria, Vene-zuela, Iran, or certain blocked entities in these countries. The new GLs are Syria General License No. 21, Venezuela General License No. 39, and Iran General License N, and they authorize certain transactions and activities related to the prevention, diagnosis, or treatment of COVID-19 (including research or clinical studies relating to COVID-19). According to OFAC’s press release, the GLs build upon OFAC’s existing humanitarian authorizations, including authorizations for COVID-19-related activities. The GLs are part of OFAC’s continued efforts under the National Security Memorandum – 1, which directed various agencies, includ-ing OFAC, to review existing US sanctions to evaluate whether they are unduly hindering responses to the pandemic worldwide.

Companies that wish to rely on the GLs to engage in pandemic-related activities and services should review the GLs to confirm that their proposed activities are within the scope of the authorizations and that they are able to comply with the GL’s terms and conditions. For example, Venezuela General License No. 39 does not authorize dealings with certain Specially Designated Nationals (SDNs).

OFAC also issued six Frequently Asked Questions (FAQs) (FAQ 906, 907, 908, 909, 910, 911), clarifying the scope and effect of the GLs. Nota-bly, FAQ 910 sets out OFAC’s expectations regarding the due diligence to be conducted by US financial institutions when processing funds transfers or trade finance transactions authorized under the GLs. Specifically, OFAC clarifies that US financial institutions may rely on the transfer originator with regard to compli-ance with the GLs, provided that the financial institution does not know or have reason to know that the funds transfer is not in compliance with the GLs.

We also note that according to FAQ 911, non-US persons do not risk exposure under US sanctions for engaging in activities that are authorized by the GLs with respect to US persons. In other words, engaging in activities within the scope of

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the GLs would not, without more, put a non-US person at risk of being desig-nated as a Specially Designated National for providing “support” to a blocked person.

Authors: Kerry B. Contini, Lise S. Test and Yu (Iris) Zhang.

The authors acknowledge the assistance of Alexandra Pasch in this blog post.

FEMA announces additional exemptions to restrictions on exports of certain medical supplies from the United States

On June 14, 2021, the Federal Emergency Management Agency (FEMA) an-nounced new exemptions from a temporary final rule placing export restrictions on certain types of medical supplies and personal protection equipment products (“PPE Products”) used in response to the COVID-19 global health pan-demic. The new exemptions include industrial N95 respirators, PPE surgical masks, and specific syringes and needles. The temporary final rule is set to ex-pire on June 30, 2021.

FEMA first imposed export restrictions on certain PPE Products on April 7, 2020, to reserve supplies for domestic use to combat the COVID-19 pandemic, as de-scribed in our blog post here. Exemptions from the export restrictions were is-sued in April and the original temporary final rule was modified and extended in August 2020. In December 2020, FEMA expanded the list of covered PPE Products to include certain syringes and hypodermic needles, in light of the high rate of influenza vaccine administration and the rollout of the COVID-19 vac-cines, as described in our blog post here.

All previous blogs posts on trade restrictions imposed throughout the COVID-19 pandemic can be found here. Baker McKenzie’s COVID-19 Product Import/Ex-port Review (“COVID-19 PIER”), a multijurisdictional tracker for trade restrictions imposed worldwide, can be found here.

Authors: Sylwia A. Lis and Meghan Hamilton.

The authors acknowledge the assistance of Ryan Orange in this blog post.

EPA to accept TSCA export notifications electronically

On June 14, 2021, the Environmental Protection Agency (EPA) published in the Federal Register a notice [EPA-HQ-OPPT-2021-0286; FRL-10023-61] announc-ing the availability of an electronic option for submitting the export notifications that are required under the Toxic Substances Control Act (TSCA). As an alterna-tive to the hardcopy approach, which is still available, EPA is also now accepting the required export notifications electronically using EPA’s electronic document submission system, the Central Data Exchange (CDX). Use of CDX to prepare and submit the required export notifications to EPA will help streamline and re-duce the administrative costs and burdens associated with submitting paper-based export notifications for both the submitters and the Agency. TSCA export notifications may be submitted electronically using CDX as of June 14, 2021

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Biden Administration revokes Executive Orders banning certain Chinese software applications

On June 9, 2021, the Biden Administration issued Executive Order 14034, “Pro-tecting Americans’ Sensitive Data from Foreign Adversaries” (“EO 14034”). EO 14034 revokes three executive orders issued by the Trump Administration that effectively banned certain Chinese connected software applications (“apps”) from operating in the United States. Although EO 14034 revokes these legal authori-ties and calls for their implementing rules to be rescinded, EO 14034 signals that the Biden Administration will continue to analyze the national security risks pre-sented by apps developed by persons subject to the jurisdiction or control of “for-eign adversaries” and suggests that additional restrictions may be issued in the future.

The Revoked EOs

The Trump Administration issued three executive orders (“Revoked EOs”) that provided the authority for the US Commerce Department to restrict or prohibit certain Chinese apps from operating in the United States:

Executive Order 13942 (prohibiting certain transactions involving ByteDance Ltd. and its subsidiaries (including the TikTok app)) (“EO 13942”);

Executive Order 13943 (prohibiting certain transactions involving Tecent Hold-ings Ltd.’s WeChat app) (“EO 13943”); and

Executive Order 13971 (prohibiting certain transactions involving persons that

develop or control the follow ing Chinese apps, or their subsidiaries: Alipay, Cam-

Scanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Of-f ice) (“EO 13971”).

The Revoked EOs were originally issued under the authority of Executive Order 13873 (“EO 13873”), which authorizes the Commerce Department to block or im-pose conditions on transactions involving information and communications tech-nology and services (“ICTS”) originating in certain countries designated as “for-eign adversaries.” Our blog posts on the EO 13873 regulations and EO 13971 are available here and here, respectively. EO 14034 does not revoke EO 13873 and directs the Secretary of Commerce to continue to evaluate transactions in-volving apps that may pose risks to US national security under EO 13873 and its implementing regulations.

EO 14034 repeals the Revoked EOs and directs the relevant executive agencies to rescind the regulations implementing EO 13942 and 13943. Commerce De-partment orders barring certain transactions involving ByteDance Ltd. and WeChat were blocked from taking effect in 2020 through legal challenges that re-sulted in injunctions against implementation of the orders. The Biden Administra-tion abandoned litigation challenging the injunctions in February 2021 pending completion of a broader review of the national security threat presented by the collection of US persons’ data through such apps.

Broad review of national security risks of apps with ties to “foreign adver-saries”

EO 14034 reflects the Biden Administration’s new approach to addressing the national security risks presented by apps from “foreign adversaries.” EO 14034 calls for a “rigorous, evidence-based analysis” of the national security risks asso-ciated with the transfer of or access to US persons’ data, particularly with regard to access by persons owned, controlled, or subject to the jurisdiction of “foreign adversaries,” including the People’s Republic of China.

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Reports analyzing these risks and recommending additional legal actions to ad-dress such risks are due to be submitted to the US National Security Advisor on October 7, 2021 and December 6, 2021, respectively. EO 14034 suggests that future legal authorities issued by the Biden Administration to protect the ICTS supply chain may be more general and will not focus on individual companies.

Authors: Terence Gilroy, Alexandre (Alex) Lamy and Ryan Poitras.

BIS amends the EAR to reflect the UAE’s termination of Its partici-pation in the Arab League Boycott of Israel

On June 9, 2021, the US Department of Commerce’s Bureau of Industry and Se-curity (BIS) issued a final rule, effective June 8, amending the Export Administra-tion Regulations (EAR) to reflect the formal termination by the United Arab Emir-ates (UAE) of its participation in the Arab League Boycott of Israel (the “Amend-ment”). This means that certain requests for information, action or agreement from the UAE will no longer be presumed to be boycott-related if made after Au-gust 16, 2020. The Commerce Department has also issued a press release.

Background

On August 13, 2020, the UAE and Israel announced the historic peace agree-ment between the two countries (known as the UAE-Israel Abraham Accords), thereby establishing full diplomatic and commercial relations between the two countries. On August 16, 2020, the UAE issued Federal Decree-Law No. 4 of 2020, which repealed Federal Law No. 15 of 1972 Concerning the Arab League Boycott of Israel and formally terminated the UAE’s participation in the Arab League Boycott of Israel. In response to these actions, on April 8, 2021, the US Treasury Department removed the UAE from Treasury’s List of Countries Requir-ing Cooperation With An International Boycott. Our prior blog posts regarding the UAE’s repeal of the boycott law and Treasury’s action can be found here and here. On April 22, 2021, the US State Department certified to Congress that the UAE had formally ended its participation in the Arab League Boycott of Israel.

The Effect of the EAR Amendment

Part 760 of the EAR prohibits US persons from taking certain actions in further-ance or support of boycotts by foreign countries against countries friendly to the United States, in particular Israel, and imposes a quarterly reporting requirement on the receipt of certain boycott-related requests. Through the addition of a new Supplement No. 17 to part 760 of the EAR, the Amendment confirms that certain requests for information, action or agreement from the UAE that were presumed to be boycott-related prior to August 16, 2020 will no longer be presumed to be boycott-related if made after August 16, 2020. Accordingly, such requests will no longer be subject to the prohibitions or reporting requirements of part 760 of the EAR. For example, a request from the UAE for a certification that a vessel is eli-gible to enter UAE ports, or a request by UAE government officials requiring a US company to provide the place of birth of employees traveling to the UAE, will no longer be presumed to be boycott-related if made after August 16, 2020.

Notwithstanding the Amendment, US persons are still required to adhere to the prohibitions and reporting requirements under part 760 of the EAR with respect to requests from the UAE that are overtly boycott-related. Therefore, US compa-nies should remain vigilant for requests from the UAE containing references to “blacklisted,” “Israel,” “boycott,” “non-Israeli goods,” “six-pointed star,” and other phrases and words indicating a boycott purpose.

Authors: Janet K. Kim, Lise S. Test and Yu (Iris) Zhang.

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The authors acknowledge the assistance of Rob O’Brien in the preparation of this blog post.

President signs Executive Order amending ban on US Persons pur-chasing securities of certain Chinese companies

On June 3, 2021, President Biden issued Executive Order 14032, “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (the “CMIC EO”). This amends and replaces Execu-tive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974) that restricted investments in certain “Communist Chinese Military Companies” (CCMCs). The main changes implemented by the CMIC EO and related public guidance are to (1) change the group of targeted Chinese companies to focus on “Chinese Military-Industrial Complex” companies, (2) clarify the scope of the pro-hibitions, and (3) reset the clock for prohibited investments in the targeted com-panies. Our blog posts on EO 13959 and prior guidance from the US Treasury Department’s Office of Foreign Assets Control’s (OFAC) about the CCMC sanc-tions program are available here and here.

At a high level, amended EO 13959 continues to prohibit the purchase or sale by US Persons of publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, of certain Chinese companies listed in the Annex to EO 13959, or determined by the Secretary of the Treasury:

“to operate or have operated in the defense and related materiel sector or the surveillance technology sector of the economy of the [PRC];” or

“to ow n or control, or to be ow ned or controlled by, directly or indirectly,” any such identif ied company.

Before it was amended by EO 14032, EO 13959’s prohibitions applied to “any securities that are derivative of [publicly traded CCMC] securities or are de-signed to provide investment exposure to such securities.” Amended EO 13959 limits the scope by only targeting those securities that are “publicly traded.”

Effective June 3, 2021, EO 13959’s Annex is replaced and superseded in its en-tirety by the CMIC EO’s Annex (“CMIC Annex”). OFAC’s new Non-SDN Chinese Military-Industrial Complex Companies List (“NS-CMIC List”) replaces the Non-SDN Communist Chinese Military Companies List (“NS-CCMC List”), which OFAC deleted from its website. OFAC will subsequently refer to entities on the NS-CMIC List as “Chinese Military-Industrial Complex Companies” or “CMICs.”

The CMIC Annex now includes 59 Chinese companies, including 33 additional entities not included in the previous NS-CCMC List or related lists maintained by the Department of Defense (DoD). The current list is available here.

OFAC published several new Frequently Asked Questions (FAQs) and updated existing FAQs to reflect the CMIC EO and its amendments to EO 13959. The fol-lowing points in OFAC’s FAQs are noteworthy:

FAQ 905 clarif ies that US Persons are not prohibited from engaging in all activi-

ties w ith CMICs. The prohibitions apply only w ith respect to certain purchases or

sales of targeted securities of the NS-CMIC List entities. The CMIC EO does not prohibit the purchase or sale of goods or services related to CMIC subsidiaries.

Amended FAQ 857 states that OFAC’s 50% Rule does not apply to the subsidi-

aries or aff iliates of NS-CMIC List entities and only named companies on that list are subject to EO 13959’s investment restrictions.

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FAQ 902 clarif ies that US Persons are not prohibited from providing investment

advisory, investment management, or similar services to a non-US person, in-

cluding a foreign entity or foreign fund, in connection w ith the non-US person’s

purchase or sale of a CMIC’s covered securities, provided that the underlying

purchase or sale does not otherw ise violate EO 13959 (e.g., w here the purchase

or sale is not for the benefit of a US Person or an attempted evasion). FAQ

901 addresses due diligence expectations of US Persons w hen determining the

permissibility of particular purchases or sales, specif ically that they may rely on information available to them in the ordinary course of business.

FAQ 903 provides that US Persons employed by non-US entities are not prohib-

ited from involvement in purchases or sales related to a covered security on be-

half of their non-US employer, provided that such activity is in the ordinary course of their employment and otherw ise does not violate the EO 13959.

FAQ 904 confirms that US market makers are permitted to facilitate divestment

from targeted CMIC securities. Along the same lines, amended FAQ 865 ad-

dresses the permissibility of market intermediaries and other participants w ho en-gage in ancillary or intermediary activities necessary to effect divestiture.

FAQ 900 clarif ies that OFAC w ill use its discretion to target under EO 13959

those w ho operate or have operated in support of “(1) surveillance of persons by

Chinese technology companies that occurs outside of the PRC; or (2) the devel-

opment, marketing, sale, or export of Chinese surveillance technology that is,

w as, or can be used for surveillance of religious or ethnic minorities or to other-w ise facilitate repression or serious human rights abuse.”

The CMIC EO also resets the clock on the investment prohibitions. The prohibi-tions with respect to purchases and sales of publicly traded securities of CMICs listed in the Annex take effect beginning at 12:01 AM EST on August 2, 2021. Additionally, the CMIC EO permits the purchase or sale of publicly traded securi-ties made solely to effect the divestment of such securities by a US Person prior to 12:01 AM EST on June 3, 2022. For entities not currently listed in the CMIC Annex, the prohibitions go into effect beginning at 12:01 AM EST on the date 60 days after the entity is added to the NS-CMIC List; purchases and sales solely to effect divestment in such securities are allowed up to 365 days after the entity is added to the NS-CMIC List.

The CMIC EO does not include the prohibition on US Persons simply “pos-sessing” targeted securities that had been introduced in EO 13974. Correspond-ingly, OFAC did not keep FAQ 872 that had advised that US Persons had to di-vest from covered CCMC securities after the divestment period ended. Accord-ingly, US Persons may apparently continue to hold covered CMIC securities after the relevant period, but then will not be able to engage in other transactions re-lated to those securities so long as EO 13959’s prohibitions apply.

In addition to OFAC’s updated NS-CMIC List, DoD issued a list of Chinese mili-tary companies operating directly or indirectly in the United States in accordance with Section 1260H of the National Defense Authorization Act for Fiscal Year 2021. The list is available here and is not identical to the updated NS-CMIC List. Under the prior statutory provision that required DoD to identify CCMCs, Section 1260H only mandates that DoD provide a report about these Chinese military companies and there is language in the provision providing for sanctions to be imposed on these identified Chinese military companies.

Authors: Alison J. Stafford Powell and Alexandre (Alex) Lamy

The authors acknowledge the assistance of Alexandra Pasch in the preparation of the above article.

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Biden Administration re-imposes sanctions on certain Belarusian state-owned enterprises and suspends application of the 2019 US-Belarus Air Services Agreement

On May 28, 2021, the Biden Administration issued a press release confirming the re-imposition of sanctions on certain Belarusian state-owned enterprises (SOEs) (presaged by the issuance of wind down Belarus General License 2H on April 19, 2021) and suspending the application of the 2019 US-Belarus Air Services Agreement (“2019 USB Agreement”) in response to the Belarusian government’s apparent forced diversion of a commercial flight to Minsk on May 23. The Press Release also indicates additional sanctions targeting Belarusian government offi-cials are under development and calls for international bodies to investigate and take action regarding the events of May 23. These developments mark a signifi-cant escalation of US sanctions against the Belarusian government and effec-tively suspend flights connecting the two countries.

Sanctions on Belarusian SOEs and Additional Sanctions Authority

The Press Release states that the blocking sanctions against nine Belarusian SOEs would be re-imposed effective June 3, 2021 (“Belarusian SOE SDNs”). The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) previously authorized US Persons’ participation in transactions involving the Belarusian SOE SDNs under Belarus General License 2 (most recently Bela-rus General License 2G). OFAC revoked Belarus General License 2G on April 19, 2021, and concurrently issued Belarus General License 2H, which authorized certain wind down transactions with the Belarusian SOE SDNs through June 3, 2021. Our blog post on General License 2H is available here. Now that General License 2H has expired, US Persons are prohibited from engaging in transac-tions or dealings with the Belarusian SOE SDNs, their property, or their interests in property, including any entities in which they own a 50 percent or greater inter-est.

The Press Release also suggests that additional sanctions targeting members of the Belarusian government are forthcoming. The Press Release states that the United States is coordinating with the European Union and other US partners to develop a list of targeted sanctions against Belarusian government officials “as-sociated with ongoing abuses, the falsification of the 2020 election, and the events of May 23.” In parallel, the US Department of the Treasury is also creat-ing a new executive order providing authority to impose additional sanctions on the Belarusian government.

Suspension of the 2019 USB Agreement and Broader International Aviation Implications

The Press Release confirms that the United States will suspend the 2019 USB Agreement, which will significantly impact the Belarusian aviation industry. The 2019 USB Agreement removed all restrictions on the number of flights and rout-ings between the US and Belarus and allowed US and Belarusian carriers to op-erate flights in the other country’s airspace. The suspension of the 2019 USB Agreement will effectively end flights between the United States and Belarus.

The Press Release expresses the Biden Administration’s intent to advocate for action against the Belarusian government at international bodies in public con-demnation of the events of May 23. This follows the International Civil Aviation Organization (ICAO) Council’s May 27 call for a fact-finding investigation into the incident to determine whether any ICAO member state had breached interna-tional aviation law, including the Convention on International Civil Aviation Law,

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also known as the Chicago Convention. The Chicago Convention was estab-lished in the 1940s and established the framework that allows for international aviation as we know it today. The United Nations established ICAO in 1944 as a specialized agency to promote the safe and orderly development of international civil aviation throughout the world.

Relevant to the recent events in Belarus, the Chicago Convention mandates that contracting States may not use civil aviation for any purpose contrary to the Con-vention and requires States to refrain from the use of weapons against civil air-craft in fight and endangering persons on board the aircraft in the case of inter-ception. While ICAO does not have the authority to directly enforce measures in response, under the Chicago Convention, the larger ICAO Assembly could sus-pend Belarus’s voting rights in the event of non-conformity with the requirements of the Chicago Convention.

Belarusian Counter Sanctions

In turn, the Belarusian government announced counter-measures mostly focus-ing on restrictions on diplomatic relations with the United States. Such measures include the reduction of personnel of the US diplomatic mission, tightening visa requirements and restricting the work of US specialists in Belarus. The Belarus-ian government also rescinded the authorization for the United States Agency for International Development to work in Belarus.

Authors: Jennifer Trock, Paul Amberg, Alexander Korobeinikov, Eunkyung Kim Shin and Ryan Poitras.

OFAC issues Burma Sanctions Regulations

On June 1, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published the Burma Sanctions Regulations at 31 C.F.R. Part 525 (the “BSR”) to implement Executive Order 14014, “Blocking Property With Respect to the Situation in Burma” (“EO 14014“). EO 14014 imposed sanctions on certain Burmese parties in response to the Burmese military’s coup against the demo-cratically elected civilian government.

The BSR do not expand upon the sanctions previously imposed under EO 14014, but do introduce new general licenses authorizing:

the provision of certain legal services to Specially Designated Nationals ( “SDNs”)

designated pursuant to EO 14014, and payment for such services from certain

funds originating outside the United States;

the provision and receipt of nonscheduled emergency medical services;

deductions from blocked accounts of certain service charges ow ed to US finan-

cial institutions; and

transfers of funds or credits betw een blocked accounts held by US financial insti-

tutions in their branches and off ices, provided that no transfers are made from

accounts held w ithin the United States to accounts held outside the United

States, and also provided that a transfer from a blocked account may be made

only to another blocked account held in the same name.

OFAC also indicated that the BSR is being published in abbreviated form, and that it intends to provide more comprehensive regulations at a later date. Please see our prior blog posts on the sanctions imposed under EO 14014 here, and on two military-affiliated Burmese conglomerates here.

Authors: Kerry B. Contini, Alexandre (Alex) Lamy and Daniel Andreeff.

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The authors acknowledge the assistance of Alexandra Pasch in the preparation of this article.

BIS and State publish notice re: transfer of jurisdiction of certain “software” and “technology” as a result of Court action

On June 1, 2021, the Bureau of Industry and Security (BIS) published in the Fed-eral Register a notification to the public [Docket No. 210527-0116] concerning the transfer of jurisdiction of certain “software” and “technology” as a result of ac-tion by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020 pre-liminary injunction by the district court in Washington v. U.S. Dep't of State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021). Pursuant to that decision, issued on April 27, 2021, the mandate of the Ninth Circuit was issued on May 26, 2021 and district court’s injunction was va-cated. This notice also includes guidance to persons with technology or software that was previously retained on the US Munitions List (USML) and controlled un-der the International Traffic in Arms Regulations (ITAR) pursuant to the March 6 district court order, but which is now subject to the jurisdiction of the Export Ad-ministration Regulations (EAR).

As of May 26, 2021, the “technology” and “software” that meets the criteria in section 734.7(c) is “subject to the EAR” and is no longer controlled under the ITAR. In anticipation of the dismissal of the case, BIS updated Frequently Asked Questions (FAQs) posted on the BIS website to add twelve FAQs to assist public understanding of section 734.7(c), including addressing application questions. These FAQs are available on the BIS website here.

On the same date, the Department of State published in the Federal Register a similar notification [Public Notice: 11434] about the vacatur of the preliminary in-junction and informing the public that as a result of the vacatur, State’s previously issued final rule of January 23, 2020, goes into full effect. Therefore, software and technical data related to 3-D printing of firearms or components transferred to the Export Administration Regulations (EAR), administered by the Department of Commerce now is exclusively controlled by the EAR.

The court order vacating the preliminary injunction [Washington v. U.S. Dep't of State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021)], took effect May 26, 2021.

Restrictive measures and additions to OFAC, State BIS blocking or-ders, designations, sanctions and entity lists

During the past month, the following notices adding, removing or continuing per-sons (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

06-01-21

BIS: Addition of Entities, Revision of Entries, and Removal of Entity from the

Entity List; and Revision of Entry and Removal of Entity from the Military End-

User List (MEU) [Docket No. 210514-0106] (FR)

06-08-21 OFAC: Notice of OFAC Sanctions Actions (N)

06-09-21 OFAC: Notice of OFAC Sanctions Actions (N)

06-15-21 OFAC: Notice of OFAC Sanctions Actions (N)

OFAC: Notice of OFAC Sanctions Actions (N)

06-16-21 BIS: Removal of Entity from the Entity List [Docket No. 210611-0126] (FR)

06-22-21 OFAC: Notice of OFAC Sanctions Actions (N)

OFAC: Notice of OFAC Sanctions Actions (N)

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F.R. Date Applicable orders

06-24-21

BIS: Addition of Certain Entities to the Entity List [Docket No. 210617-0134]

(FR)

STATE: Notice of Department of State – Delisting Sanctioned Entities [Public No-

tice: 11446] (N)

OTHER COVERAGE

Treasury, Commerce, Homeland Security and State meetings and notices related to trade

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; DEP’T OF DEFENSE= DOD; FEMA=FED-

ERAL EMERGENCY MGT. AGENCY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECH-

NOLOGY ; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY ; STATE=DEPARTMENT OF STATE.

[Note: In general, only meetings which occur after scheduled distribution of this Update

are listed.]

F.R. Date Subject

06-01-21 OFAC: Burma Sanctions Regulations 31 CFR Part 525 (FR)

06-02-21 ITA: District Export Council Nomination Opportunity (N)

06-04-21

FEMA: Meetings to Implement Pandemic Response Voluntary Agreement Un-

der Section 708 of the Defense Production Act [Docket ID FEMA-2020-0016]

(N)

06-07-21 STATE: Notice of Public Meeting in Preparation for International Maritime Organi-

zation III 7 Meeting [Public Notice 11437] (N/H)

06-08-21

ITA: Agency Information Collection Activities; Submission to the Office of Man-

agement and Budget (OMB) for Review and Approval; Comment Request; Ap-plication for Export Trade Certif icate of Review [OMB Control No.: 0625–0125]

[Form: ITA-4093P]

06-09-21

BIS: Export Administration Regulations: Termination of United Arab Emirates

Participation in the Arab League Boycott of Israel [Docket No. 210528-0118]

(FR)

06-10-21

STATE: International Traff ic in Arms Regulations: Notif ication of Temporary Sus-

pensions, Modif ications, and Exceptions to Regulations [Public Notice: 11443]

(E)

06-14-21

STATE: Advisory Committee on International Postal and Delivery Services – Pub-

lic Meeting [Public Notice: 11440] (N) [July 15, 2021 virtual meeting]

FEMA: Prioritization and Allocation of Certain Scarce and Critical Health and

Medical Resources for Domestic Use; Additional Exemptions [Docket ID FEMA-

2020-0018] (N)

06-15-21

STATE: Schedule of Fees for Consular Services – Fee Change for Certain Bor-

der Crossing Cards [Public Notice: 11195] (FR)

STATE: Schedule of Fees for Consular Services—Documentary Services Fee

[Public Notice: 11442] (FR)

06-16-21 ITA: U.S. Department of Commerce Trade Finance Advisory Council - Notice of

an Open Meeting. (N/H) [July 13, 2021]

06-23-21 COMMERCE: Rescission of Identif ication of Prohibited Transactions With Respect

to TikTok and WeChat [Docket Number: 210617-0132]

06-28-21

DoD: Notice of the Removal of the Designation as Communist Chinese Military

Companies under the Strom Thurmond NDAA for FY99 (N)

DoD: Notice of Designation of Chinese Military Companies under the William M.

(Mac) Thornberry NDAA for FY21 (N)

TSA announces opportunity to become a Secured Packing Facility

On June 14, 2021, the Transportation Security Administration (SA), Department of Homeland Security published in the Federal Register a notice [Docket No.

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TSA-2020-0001] s announcing the opportunity for manufacturers, shippers, sup-pliers, warehouses, vendors, e-commerce fulfillment centers, and third-party lo-gistics providers in the air cargo supply chain to become a Secured Packing Fa-cility (SPF). SPFs must apply security controls to secure cargo that moves through the supply chain destined for outbound international locations onboard all-cargo aircraft subject to TSA regulatory oversight. As a prerequisite to becom-ing an SPF, interested persons must first become an Indirect Air Carrier (IAC) regulated by TSA and agree to adopt the TSA’s SPF Order. If these require-ments are met, cargo appropriately transferred to a TSA-regulated all-cargo air-craft operator by an SPF would not need to be screened in order to meet interna-tional requirements that take effect on June 30, 2021. The notice states that it is being published to ensure all interested persons are aware of the opportunity to become an SPF.

TSA will accept applications from IACs to become an SPF beginning at 12:01 a.m. (EDT) on June 14, 2021.

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

06-02-21 FTC: Energy Labeling Rule 16 CFR Part 305 (PR)

06-07-21

CPSC: Notice of Availability of Regulatory Flexibility Act Section 610 Review of

the Safety Standards for the Testing and Labeling Regulations Pertaining to

Product Certif ication of Children’s Products, Including Reliance on Component Part Testing [Docket No. CPSC-2020-0019]

06-23-21

CPSC: Safety Standard for Infant Sleep Products [CPSC Docket No. 2017-

0020] (FR)

CPSC: Standard for the Flammability of Mattresses and Mattress Pads; Amend-ment [Docket No. CPSC-2020-0024] (FR)

ATF and TTB announcements and Federal Register documents

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Jus-tice (ATF) or the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (TTB) have posted the following information or regulatory actions of in-terest to international traders :

Date Subject

06-10-21 ATF: Factoring Criteria for Firearms With Attached ‘‘Stabilizing Braces’’ [Docket

No. ATF 2021R–08; AG Order No. 5070–2021] (PR/RFC) [will apply to imports]

HHS, CDC and FDA Federal Register documents

The Department of Health and Human Services (HHS), Centers for Disease Con-trol and Prevention (CDC) and the US Food and Drug Administration (FDA) have posted the following Federal Register guides, notices or documents which may be of interest to international traders:

F.R. Date Subject

06-04-21

FDA: Definitions of Suspect Product and Illegitimate Product for Verif ication Ob-

ligations Under the Drug Supply Chain Security Act; Draft Guidance for Industry;

Availability (N)

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F.R. Date Subject

FDA: Drug Supply Chain Security Act Implementation: Identif ication of Suspect

Product and Notif ication; Guidance for Industry; Availability [Docket No. FDA-

2014-D-0609] (N)

FDA: Enhanced Drug Distribution Security at the Package Level Under the Drug Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No.

FDA-2020-D-2024] (N)

FDA: Product Identif iers Under the Drug Supply Chain Security Act: Questions

and Answ ers; Guidance for Industry; Availability [Docket No. FDA-2018-D-3175]

(N)

06-16-21 CDC: Temporary Suspension of Dogs Entering the United States from High-

Risk Rabies Countries (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 interest to inter-national traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Ser-vice, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Ser-vice]:

F.R. Date Subject

06-02-21

APHIS: Notice of Decision To Add Taxa of Plants for Planting That Are Quaran-

tine Pests or Hosts of Quarantine Pests to the Lists of Plants for Planting Whose

Importation Is Not Authorized Pending Pest Risk Analysis [Docket No. APHIS–

2018–0066] (N)

06-04-21 US CODEX OFFICE: International Standard-Setting Activities [Docket No. USDA-

2021-XXXX] (N)

06-14-21 APHIS: Addition of Thailand to the List of Regions Considered Affected w ith Af-

rican Horse Sickness [Docket No. APHIS-2020-0082] (N)

06-15-21 AMS: United States Standards for Lentils [Doc. No. AMS-FGIS-20-0066] (N)

AMS: United States Standards for Split Peas [Doc. No. AMS-FGIS-20-0067] (N)

06-16-21 APHIS: Removal of Japan from the List of Regions Declared Free of Classical

Sw ine Fever [Docket No. APHIS-2020-0044] (N)

06-25-21

AMS: Mango Promotion, Research and Information Order; Removal of Frozen

Mangos [Document No. AMS-SC-20-0086] (FR)

AMS: National Organic Program: Amendments to the National List of Allow ed

and Prohibited Substances per April 2019 NOSB Recommendations (Livestock and Handling) [Doc. No. AMS-NOP-19-0053; NOP-19-02] (FR)

APHIS: Importation of Plants in Approved Grow ing Media into the United States;

Availability of a Final Environmental Assessment and Finding of No Signif icant

Impact [Docket No. APHIS-2018-0101]

APHIS: Concurrence w ith OIE Risk Designation for Bovine Spongiform Enceph-

alopathy [Docket No. APHIS-2021-0007] (N)

06-28-21 AMS: United States Standards for Beans [Doc. No. AMS-FGIS-20-0065] (N)

Labor updates list of goods produced by child labor or forced labor

On June 23, 2021, the Department of Labor published in the Federal Register a notice announcing public availability of an updated list of goods—along with countries of origin—that the Bureau of International Labor Affairs (ILAB) has rea-son to believe are produced by child labor or forced labor in violation of interna-tional standards (the List). ILAB is required to develop and make available to the public the List pursuant to the Trafficking Victims Protection Reauthorization Act (TVPRA of 2005), amended. ILAB published the initial List on September 10, 2009, and has since published nine updated editions. This 2021 update to the ninth edition contains one additional good (polysilicon) from one country (China). [Ed. note: 19 U.S.C. 1307 provides that goods produced in whole or in part in any

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foreign country by convict labor or/and forced labor or/and indentured la-bor (which includes forced or indentured child labor) under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importa-tion thereof is prohibited.]

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 agencies. Abbreviations: DEA=DRUG ENFORCEMENT ADMINISTRATION; EPA= ENVIRONMENTAL

PROTECTION AGENCY; DOE=DEPARTMENT OF ENERGY; DOD= DEP’T OF DEFENSE; NHTSA= NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION:

F.R. Date Subject

06-02-21 DEA: Schedules of Controlled Substances: Placement of Remimazolam in

Schedule IV [Docket No. DEA-658] (FR)

06-03-21

DoE: Energy Conservation Program: Energy Conservation Standards for Ceil-

ing Fans [EERE–2021–BT–STD–0011] (RFI/E)

DoE: Energy Conservation Program: Test Procedures for General Service Flu-

orescent Lamps, Incandescent Reflector Lamps, and General Service Incan-descent Lamps [EERE–2017–BT–TP–0011] (PR?RFC)

EPA: Difenoconazole; Pesticide Tolerances [EPA–HQ–OPP–2019–0626;

EPA–HQ–OPP– 2020–0082; and EPA–HQ–OPP–2020–0345; FRL–10022–

28] (FR)

06-04-21

DoE: Energy Conservation Standards for Consumer Products/Certain Com-

mercial and Industrial Equipment; Early Assessment Review ; Ceiling Fan Light

Kits [EERE-2019-BT-STD-0040] (RFI)

DoE: Energy Conservation Program: Energy Conservation Standards for Con-

sumer Products; Early Assessment Review ; Dehumidif iers [EERE-2019-BT-

STD-0043] (RFI)

06-07-21

DEA: Designation of 3,4-MDP-2-P methyl glycidate (PMK glycidate), 3,4-MDP-

2-P methyl glycidic acid (PMK glycidic acid), and alpha-phenylacetoacetamide

(APAA) as List I Chemicals; Correction [Docket No. DEA-542] (FR/C)

EPA: Cellulose, ethyl ether; Exemption from the Requirement of a Tolerance

[EPA-HQ-OPP-2021-0138; FRL-10023-34] (FR)

06-10-21

DEA: Schedules of Controlled Substances: Placement of NM2201, 5F-AB-PI-

NACA, 4- CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL-P7A ICA in

Schedule I [Docket No. DEA-479] (FR)

DEA: Schedules of Controlled Substances: Placement of Oliceridine in Sched-

ule II [Docket No. DEA-715] (FR)

DoE: Energy Conservation Program: Energy Conservation Standards for Un-

fired Hot Water Storage Tanks [EERE-2017-BT-STD-0021] (N/RFI)

06-11-21

DoE: Energy Conservation Program: Test Procedures for Commercial Equip-

ment; Early Assessment Review : Commercial Refrigerators, Refrigerator-

Freezers, and Freezers [E (RFI)ERE–2017–BT–TP–0008]

06-14-21

DEA: Schedules of Controlled Substances: Placement of N-Ethylpentylone in

Schedule I [Docket No. DEA-482] (FR)

EPA: Electronic Option for Export Notif ications Under the Toxic Substances

Control Act (TSCA); Notice of Availability [EPA-HQ-OPPT-2021-0286; FRL-

10023-61] (N)

06-16-21

EPA: Purpureocillium lilacinum strain PL11; Exemption from the Requirement

of a Tolerance [EPA-HQ-OPP-2016-0073; FRL-10023-91] (FR)

EPA: Tolfenpyrad; Pesticide Tolerances [EPA-HQ-OPP-2020-0067; FRL-

10024-51] (FR)

06-17-21

DoE: Energy Conservation Program: Test Procedures for Certain Commercial

and Industrial Equipment; Early Assessment Review : Walk-in Coolers and

Freezers [EERE–2017–BT–TP–0010] (RFI)

06-22-21 DEA: Specif ic Listing for 4F-MDMB-BINACA, a Currently Controlled Schedule I Substance [Docket No. DEA-819] (FR)

08-23-21 LABOR: Notice Of Update To The Department Of Labor’s List Of Goods Pro-

duced By Child Labor Or Forced Labor (N)

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F.R. Date Subject

08-25-21 DEA: Schedules of Controlled Substances: Placement of para-Methoxymeth-

amphetamine (PMMA) in Schedule I [Docket No. DEA-509] (FR)

06-26-21

EPA: 1-Aminocyclopropane-1-Carboxylic Acid (1-ACC); Exemption From the

Requirement of a Tolerance [Docket No. EPA-HQ-OPP-2019-0515, FRL-10021-90] (FR)

ANTIDUMPING AND SUBSIDIES

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-tions, Orders & Reviews section below.

SOUTH AMERICA

VENEZUELA

Value Added Tax, Custom Duties and Customs Service Tariff for Determination of the Customs Regime for several goods and eco-nomic sectors

In brief

The National Executive issued Decree No. 4,619 of 1 June 2021 (“De-cree”)1 which establishes the exemption of the payment for the Value Added Tax (VAT), Customs Duties and Customs Service Tariff for Determination of the Cus-toms Regime to imports of various goods and merchandise of certain economic sectors.

The Decree entered into force on 1 June 2021, and repealed the Decree No. 4,604 of 1 May 2021, which established the exemption for the payment of the VAT, and established the application of a 2% aliquot or 0% ad valorem, by virtue of articles 8, 10, 11 and 12 of the Customs Tariff of imports of capital movable goods, information technology and telecommunications goods, their parts, pieces and accessories, not produced or insufficiently produced in Venezuela, of first use, identified as BK or BIT, among others2.

Unlike Decree No. 4,604, the Decree only establishes the exemption of the Cus-toms Service Tariff for Determination of the Customs Regime for goods destined to prevent the expansion of the COVID-19 pandemic. Additionally, it includes in the exemption of the Custom Duties and VAT, to imports of corporal movable goods, new or used, carried out by organs and entities of the National Public Ad-ministration, classified in the tariff subheadings are 7307.11.00.00, 7307.19.20.00 and 7307.99.00.00. These tariff subheadings refer to pipe fittings.

In addition to the above, Resolution No. 011-2021 of 3 June 2021 issued by the Ministry of Economy, Finance and Foreign Trade (Resolution), included 36 tariff codes that are part of the Decree and whose goods are subject to a Contingency Tariff Regime.

Click here to access full alert

View Spanish version

Authors: Manuel Marin and Marie Roscelle Quintero

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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

ABF notices and advices

The following Australian Border Force (ABF Australian Customs Notices (ACN) and Cargo advices (ACCA) were issued during the period covered by this Up-date:

Date Series and № Title

04-06-21 ACN № 2021/22 Luxury car tax thresholds for 2021-22

Australian Gazettes

The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes and Federal Register of Leg-islation as noted(dd-mm-yy):

Date Matter

01-06-21

Criminal Code (Terrorist Organisation—Jama’at Mujahideen Bangladesh) Regu-

lations 2021 F2021L00672 • as made • Registered: 01/06/2021

Criminal Code (Terrorist Organisation—Neo-Jama’at Mujahideen Bangladesh) Regulations 2021 F2021L00669 • as made • Registered: 01/06/2021

02-06-21 Tariff Concessions Gazette No. TC 21/19, Wednesday, 2 June 2021

09-06-21 Tariff Concessions Gazette No. TC 21/20, Wednesday, 9 June 2021

10-06-21

Biosecurity (Consequential Amendments and Transitional Provisions) (Extension

of First Points of Entry Determinations) Instrument 2021

Export Control (Tariff Rate Quotas—Feed Grain Export to Indonesia) Rules

2021

15-06-21

Notice of Rates of Exchange - Section 161J Customs Act 1901 - 15/06/2021

Export Control (Tariff Rate Quotas—General) Rules 2021

F2021C00519 • as amended Registered 15/06/21

16-06-21 Tariff Concession Gazette No. TC 21/21 Wednesday 16 June 2021

21-06-21 Australia New Zealand Food Standards Code – Schedule 20 – Maximum resi-

due limits F2021C00533 • as amended • Registered: 21/06/2021

23-06-21

Tariff Concession Gazette No. TC 21/22 Wednesday 23 June 2021

Customs (Prohibited Imports) Regulations 1956

F2021C00545 • SR 1956 No. 90 as amended • Registered: 23/06/2021

25-06-21

Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the Eu-

ropean Union and United Kingdom) Rules 2021

F2021C00555 • as amended • Registered: 25/06/2021

Australia New Zealand Food Standards Code – Schedule 3 – Identity and purity

F2021C00554 • as amended • Registered: 25/06/2021

Australian Tariff Precedents

The Department of Immigration and Border Protection (DIBP) has published a List of Current Precedents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various clas-sification issues. New information and tariff classification guides can be found on Tariff Public Advice Products webpage

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Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-tions, Orders & Reviews section below.

CHINA (INCLUDING HONG KONG SAR)

MOFCOM and GAC notices

The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy):

Date Series and № Subject

06-11-21 MOFCOM/GA C Ann.

№ 12, 2021

On Adjusting the Catalogue of Prohibited Commodities

in Processing Trade

Hong Kong Trade and Industry Department (TID) notices

In addition to Hong Kong circulars, the TID carries PRC Trade Circulars (dd-mm-yy)

Date Matter

01-06-21

The Mainland of China : Public Consultation on “Administrative Rules of the

Customs of the People's Republic of China on the Filing of Declaration Units

(Consultation Draft)” [374/2021]

04-06-21 The Mainland of China : Notice Concerning Adjusting the Catalogue of Import

and Export Commodities Subject to Compulsory Inspection [383/2021]

07-06-21

The Mainland of China : Notice of the National Medical Products Administration

Concerning the Implementation of the “Administrative Measures on Labeling of

Cosmetics” [386/2021]

15-06-21

The Mainland of China : “Law of the People's Republic of China on the Hainan

Free Trade Port” [397/2021]

Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)

Agreement on Trade in Goods (The Agreement)

Request for Revisions to CEPA Rules of Origin (ROOs) (Arrangements for Mak-

ing Requests in 2021) [399/2021]

16-06-21 The Mainland of China : “Notice on Adjustment of the Catalogue of Prohibited

Products for Processing Trade” [404/2021]

17-06-21

The Mainland of China : Notice of the State Taxation Administration Concerning

Certain Issues Related to Optimizing and Integrating the Export Tax Rebate In-

formation System, and Providing Better Service to Taxpayers [407/2021]

INDIA

Material in this section and the India Antidumping Countervailing Duty and Safe-guards 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 instruc-tions during the period covered by this Update:

Date Series and № Subject

CBIC TARIFF NOTIFICATIONS

14-06-21 33/2021-Cus Rescinds notif ication reducing Integrated Goods and Ser-vices Tax (IGST) on Oxygen Concentrators imported for

personal use

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Date Series and № Subject

CBIC NON-TARIFF NOTIFICATIONS

15-06-21 52/2021-Cus (NT) Notif ies Tariff Value of Edible Oils, Brass Scrap, Poppy

Seeds, Areca Nut, Gold and Silver

16-06-21 53/2021-Cus (NT)

Corrigendum Notif ies Tariff Value of Edible Oils

CBIC INSTRUCTIONS

21-06-21 14/2021-Cus

Mandatory use of Central Revenues Control Laboratory

(CRCL) module to electronically forw ard test memos for

testing of samples to CRCL and other Revenue Laborato-

ries w .e.f. 1 July, 2021

DGFT NOTIFICATIONS

01-06-21 07/2015-2020 Export Policy of Amphotericin-B injection revised from Free

to Restricted w ith immediate effect

14-06-21 08/2015-2020

Export Policy of Injection Remdesivir and Remdesivir Active

Pharmaceutical Ingredients (API) revised from Prohibited to

Restricted w ith immediate effect. Further export of

Remdesivir Injections/ API against Advance Authorisation

w ill not require separate authorisation/ permission

DGFT PUBLIC NOTICES

14-06-21 6/2015-2020

Suspends pow ers of the Cashew Export Promotion Council of India to issue/ renew Registration-Cum-Membership Cer-

tif icate (RCMC) and designates Agricultural and Processed

Food Products Export Development Authority (APEDA) as

authorized agency to issue RCMC for Cashew Kernels,

Cashew nut Shell Liquid and Kardanol.

17-06-21 07/2015-2020

Amends Appendix - 4B to Handbook of Procedures of the

Foreign Trade Policy to include registered off ice address

and branch address of M/s Diamond India Limited in list of

Nominated Agencies

OTHERS

07-06-

2021

Invites comments from Stakeholders on proposed Anti-Ab-

sorption Rules by 17 June, 2021[SG1]

08-06-21

Stakeholder’s consultation on simplif ication of Rules, Pro-

cesses and Procedures relating to Trade Remedy held on

10 June 2021[SG2]

16-06-21 4/2/2018-DGTR

To streamline investigation process, revised checklist pre-

scribed for submission of AD Duty and CV Duty applications

to the DGTR for initiation of investigation

21-06-21

Stakeholder’s consultation on simplif ication of Rules, Pro-

cesses and Procedures relating to Trade Remedy w ith law firms held on 23 June, 2021[SG3]

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-tions, Orders & Reviews section below.

NEW ZEALAND

Update on goods entry exemption rules

As part of the goods clearance fee roll-out, New Zealand Customs has updated some of its rules around goods exempt from entry requirements, which will come into effect on 1 July 2021. These rules set out what documents (other than an entry) are required for certain goods to be exempt from import or export entry, or how goods may be deemed to be entered. These rules clarify existing Customs operational requirements and do not change current Customs processes. The new rules, listed below, can be found on Customs’ website:

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Customs (Deemed Entry of Goods) Rules 2021. These Rules prescribe requirements for Simplified Import Declarations and Inward Cargo Report write-off requests to be made through Customs registered user system.

Customs (Cargo Report (Export)) Rules 2021 These Rules prescribe re-quirements for a Cargo Report (Export) to be made through Customs registered user system.

2021 Chief Executive Direction in relation to regulation 25(1)(i)

2021 Chief Executive Direction in relation to regulation 26(2)(b)(i)

2021 Chief Executive Direction in relation to regulation 29(1AAA)(b)

New Zealand Gazette

The following international trade related documents were published in the New Zealand Gazette (dd-mm-yy):

Date Matter

03-06-21 Tariff Concession (Advertisement) Notice No. 2021/21

Tariff Concession Approvals, Withdraw als and Declines Notice No .2021/21

09-06-21 Notice of Start of Investigation into the Alleged Dumping of Certain Aluminium-

zinc Coated Steel From Korea and Taiw an

14-06-21 Tariff Concession Advertisment Notice 22 2021

18-06-21 Tariff Concession Approvals, Withdraw als and Declines Notice (No. 23) 2021

Tariff Concession Advertisment Notice 23 2021

25-06-21 Tariff Concession Advertisment Notice 24 2021

Excise and Excise-equivalent Duties Table (effective from 1 July 2021)

Introduction to the Working Tariff Document Effective 1 July 2021

SINGAPORE

Commencement of Import Control Regime for Power-Assisted Bicy-cles (PABs) and Motorised Personal Mobility Devices (PMDs)

The Land Transport Authority (LTA) has notified traders and declaring agents that with effect from 28 June 2021, under the Small Motorised Vehicles (Safety) Act 2020 (“SMVA”), all importers of Power-Assisted Bicycles (PABs) and motor-ised Personal Mobility Devices (PMDs) will be required to obtain approval from the LTA before importing these devices into Singapore. This will apply to devices imported under Harmonised System (HS) codes 87116091 and 87116092. For details see the LTA notification.

THAILAND

Duty surcharge rate reduced from 1 June to 30 September 2021

In the midst of the COVID-19 situation in Thailand, a new Ministerial Regulation (Ministerial Regulation (No. 2) B.E. 2564 (2021)) sets a temporary measure dur-ing the period of 1 June to 30 September 2021 to reduce the duty surcharge rate to 0.25% per month for all importers and exporters who voluntarily disclose their errors by themselves and pay additional duty to Thai Customs.

Under Customs Act, B.E. 2560 (2017), importers or exporters who fail to pay the full amount of the import duty are liable to also pay a duty surcharge at the rate of 1% of duty shortfall per month; however, the amount of duty surcharge shall not exceed the amount of duty shortfalls.

Generally speaking, the Ministerial Regulation issued in 2017 determines the cri-teria of the duty surcharge reduction. It grants the duty surcharge reduction rate

The International Trade Compliance

Update is a publication of the

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McKenzie. Articles and comments

are intended to provide our readers

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websites, or their newsletters or press releases.

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accessed by clicking on the blue hypertext links.

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ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-

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from 0.25 to 0.75% depending on the period between the payment date and date that the goods are released from the customs custody, which is summarized in the diagram below.

Considering the criteria of the new Ministerial Regulation, this provisional meas-ure gives more benefits to importers and exporters, provided that this duty sur-charge reduction scheme does not limit the period between the payment date and the date that the goods are released from the customs custody, like the 2017 regulation. Thus, importers or exporters who imported or exported goods for more than 3 years are also entitled to enjoy this duty surcharge reduction.

Unless the Minister of the Ministry of Finance extends the eligible period, the cri-teria under the new Ministerial Regulation is merely a temporary measure. After 30 September 2021, importers and exporters will be subject to the duty sur-charge reduction rate under the established Ministerial Regulation, B.E. 2560 (2017).

Please contact us for further information or assistance for voluntary disclosure during this period.

Contacts: Pornapa Luengwattanakit, Panya Sittisakonsin, Suriyong Tungsuwan, Keerati Saneewong Na Ayudthaya.

EUROPE, MIDDLE EAST AND NORTH AFRICA

European Union and EFTA

EU introduces sector-based economic sanctions on Belarus

Following coordinated designations of certain Belarusian individuals and entities earlier this week (see our previous post here), the EU has announced that further sector-based economic sanctions will come into force on 25 June 2021. The re-strictions are implemented by Council Regulation (EU) 2021/1030 (the “Regula-tion“), which amends Regulation (EC) No 765/2006.

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The new sanctions target a broad range of technology and software, dual-use goods and technology, tobacco, petroleum and potash products, and financial services. The prohibitions apply regardless of the origins of the products or tech-nologies, and apply directly and indirectly. Furthermore, parties may not circum-vent the restrictions.

Like all EU sanctions, these measures apply to: (i) all EU-incorporated entities and their non-EU branches; (ii) nationals of EU Member States, wherever lo-cated; (iii) activities taking place within EU territory; and (iv) other persons in re-spect of business done in whole or in part within the EU.

While the EU co-ordinated the designations earlier this week with Canada, the UK and the US, no further sanctions have been announced by these other juris-dictions at this time.

Financial Services

Parties are prohibited from engaging in a variety of financial services and dealing with related financial instruments, including:

purchasing, selling, providing investment services for or assistance in the issu-

ance of, or otherw ise dealing w ith, transferable securities and money-market in-

struments w ith a maturity exceeding 90 days issued the Belarusian state and its

government, Belarussian public bodies, corporations and agencies, and three Belarusian banks, as w ell as their majority-ow ned non-EU subsidiaries;

loans or credit w ith a maturity exceeding 90 days maturity to the same (subject to an exception for the f inancing of legitimate EU trade); and

insurance or re-insurance to the Belarusian Government and related entities.

Telecoms monitoring equipment

The sanctions impose a licensing obligation on the sale, supply, transfer or ex-port to or for use in Belarus of a wide variety of equipment, software and technol-ogy for telecoms interception and monitoring.

EU persons are also prohibited from providing technical assistance, brokering services, financing or financial assistance, or monitoring and interception ser-vices to any party for use in Belarus or that will benefit the Belarusian authorities.

Dual-use items

EU persons are prohibited from selling, supplying, transferring or exporting dual-use items to any person or entity in (or for use in) Belarus if the items may be wholly or partially intended for military use or a military end-user (including the Belarusian military). The sanctions also provide for such items to be prohibited for supply to named parties in Belarus, although no such parties have been listed at this time.

EU persons are also prohibited from providing technical assistance, brokering services, financing or financial assistance, in relation to dual-use items for such end-uses and end-users.

Tobacco-related items

EU persons may not sell, supply, transfer or export goods used in the production or manufacturing of tobacco products (including filters, papers, flavours and ma-chinery) to or for use in Belarus.

Import restrictions on petroleum and potash

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The sanctions also impose prohibitions on the import into the EU of petroleum products originating in or exported from Belarus, the purchase of petroleum prod-ucts originating in or located in Belarus, and the provision of transport for petro-leum products originating in or being exported from Belarus. It is also prohibited to provide technical assistance, brokering services, financing and financial assis-tance in relation to such items.

Import, purchase and transfer restrictions have also been imposed on potassium chloride (potash) sourced from Belarus.

Authors: Andrew Rose and Ben Smith.

EU and UK coordinate on further sanctions targeting Belarus along-side US and Canada

On 21 June 2021, the EU and UK announced coordinated sanctions against specified Belarusian individuals and entities. This follows the forced landing of a commercial aircraft in Belarus and subsequent detention of a Belarusian journal-ist, and suggests that the UK is continuing to align its sanctions regime with key allies following Brexit. The sanctions were further coordinated with the US and Canada.

The designated parties will be subject to asset freezes, whilst individuals will be subject to travel bans stopping them entering or transiting the EU and UK. Indi-viduals and entities in these jurisdictions will also be prohibited from making funds or economic resources available to the designated parties or parties owned or controlled by them.

The additional designated parties target individuals and companies with close ties to President Lukashenko, his family and the Belarusian Government. This brings the total number of designated parties to 181 in the EU (166 individuals and 15 entities), and 108 in the UK (99 individuals and 9 entities).

Whilst sectoral sanctions have not yet been introduced, the EU is reportedly con-sidering their introduction at a scheduled summit on 24 June 2021. These may be broad-based, and target Belarus’ exports in tobacco, oil and oil-related prod-ucts, and potash. This is in addition to measures reportedly agreed by the EU to target Belarus’ financial system, which could include bans in trading Belarusian bonds and securities, and providing financial services to parties in Belarus.

Author: Sunny Mann.

UK and EU announce further Myanmar sanctions

On 21 June 2021, the UK and EU both announced further sanctions targeting in-dividuals and entities linked to Myanmar’s military regime.

The EU announced that it was imposing sanctions against an additional 8 individ-uals, 3 economic entities (Myanmar Gems Enterprise; Myanmar Timber Enter-prise (“MTE”); and Forest Products Joint Venture Corporation Limited) and the War Veterans Organisation. All designated persons are subject to asset freezes, with individuals subject to travel bans. EU persons are prohibited from making funds or economic resources available to the listed parties, or parties they own or control. There are now 43 individuals and 6 entities targeted under the EU re-gime which can be found here and here.

Similarly, the UK announced further sanctions targeting Myanmar’s State Admin-istration Council (“SAC”) as well as MTE and Myanmar Pearl Enterprise. A con-solidated list of financial sanctions targets can be found here. The UK also an-nounced that it will maintain its suspension on trade promotion, and that it will

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strengthen its Overseas Business Risk guidance. This will reiterate that UK com-panies must undertake enhanced supply chain due diligence when conducting business in Myanmar, and should not enter into trading relationships that benefit the Myanmar military.

In the guidance, published on 21 June along with the new designations, the UK has drawn out issues that cut across the sanctions, the underlying situation in Myanmar and a number of compliance issues that are highly relevant for busi-nesses such as:

Draw ing a link betw een human rights abuses and w orkforce concerns, in particu-

lar emphasising that suppliers and partners of UK business are respecting their employees’ individual rights.

Draw ing a link to anti-bribery and corruption risk, in particular noting that the ade-

quate procedures defence to the failure to prevent bribery offence (under the UK

Bribery Act) requires “strong, up-to-date and effective anti-bribery policies and systems in place to prevent bribery by persons associated with them”.

Emphasising that ”Businesses are ultimately responsible for conducting due dili-gence regarding their engagement and operations within Myanmar and should

seek legal advice” but also noting that businesses are expected to follow best

practice and that in some cases this means conducting enhanced supply chain

due diligence to ensure that they are not supporting the military or its associated entities.

Please see our previous blog posts about EU and UK Myanmar sanc-tions here and here.

Author: Sunny. Mann.

Recast EU Dual-Use Regulation to come into force on 9 September 2021 – our summary and how to receive full analysis

On 11 June 2021, the Recast Dual-Use Regulation was published in the Official Journal of the European Union as Regulation 2021/821 (the “Regulation”). The Regulation, which comes into force on 9 September 2021, will replace the current Dual-Use Regulation introduced in 2009.

Key changes include:

Two new general export authorisations: The Regulation introduces a general

export authorisation for intra-group transfers of dual use softw are and technology

to specif ied countries for product development purposes, that is available w here

the parent company is resident in an EU Member State or an EU GEA 001 desti-

nation country, and is subject to conditions including the parent company provid-

ing a guarantee for the subsidiary’s compliance w ith the authorisation. A further

export authorisation is introduced for certain encryption items, and permits ex-ports to countries other than those on a negative list.

New requirements for internal compliance policies and due diligence : Whilst

some Member States already require exporters to implement an Internal Compli-

ance Programme for export controls in order to obtain global export authorisa-tions, this is now an EU-w ide requirement (w ith limited exceptions).

Technical assistance : The Regulation introduces new controls covering situa-

tions w here a company provides technical assistance relating to dual-use items.

Previously, export controls w ould not apply to the provision of technical assis-

tance other than w here controlled technology (or controlled goods or softw are) w ere exported as part of the assistance.

Cyber-surveillance : The Regulation introduces a new end-use control on cyber-

surveillance equipment, w here the exporter is aw are or has been informed that

the exported items are or may be intended for use in connection w ith internal re-

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pression or the commission of serious violations of human rights and interna-

tional humanitarian law . This applies to items (w hether or not listed) that are spe-

cially designed to enable the covert surveillance of natural persons by monitor-

ing, extracting, collecting or analysing data from information and telecommunica-tion systems.

Relationship w ith national control lists : To address public security concerns

and facilitate cooperation betw een member states to prevent circumvention of

national controls, exporters may be required to seek authorisation w here items are placed on national control lists in another Member State.

License duration and record-keeping: Global and individual authorisations w ill

now only be valid for a maximum of tw o years. Further, records must be kept for

f ive years (as opposed to the current three year period) follow ing the end of the calendar year in w hich a transfer took place.

Following Brexit, the Regulation will not automatically apply in Great Britain, where the retained Dual-Use Regulation (Regulation 428/2009) – based on the pre-Brexit controls – will continue to apply as the basis for the export control re-gime (although the UK separately issued new guidance on export of dual-use technologies earlier this year, see our previous post here). However, there re-mains some residual uncertainty as to how the UK Government will administer the revised rules in practice under the new Regulation for exports out of Northern Ireland given the terms of the Brexit agreement.

For more detail on the Regulation, please contact Alex Phillips to be added to our mailing list and receive our full client alert and analysis.

Authors: Sunny Mann, Andrew Rose and Ross Evans

EU and US reach understanding on Large Civil Aircraft dispute

On 15 June 2021, the European Commission announced that European Com-mission Executive Vice-President Valdis Dombrovskis and US Trade Repre-sentative Katherine Tai reached an understanding relating to large civil aircraft, transforming almost 17 years of disputes into a forward-looking, collaborative platform to address bilateral issues as well as global challenges.

Both sides w ill now seek to overcome long-standing differences in order to avoid fu-

ture litigation and preserve a level playing f ield betw een our aircraft manufacturers and w ill also w ork to prevent new differences from arising.

The EU and the US also agreed to suspend application of harmful tariffs w orth of

USD 11.5 billion for a period of f ive years that hurt companies and people on both sides of the Atlantic.

The tw o sides w ill collaborate on jointly analysing and addressing non-market prac-tices of third parties that may harm our large civil aircraft sectors.

Under the Understanding on a cooperative framework for Large Civil Aircraft, the two sides expressed their intention to:

establish a Working Group on Large Civil Aircraft led by each side's respective Minister responsible for Trade,

provide f inancing to large civil aircraft producers on market terms,

provide R&D funding through an open and transparent process and make the re-

sults of fully government funded R&D w idely available, to the extent permitted by law ,

not to provide R&D funding as w ell as specif ic support (such as specif ic tax breaks) to their ow n producers that w ould harm the other side,

collaborate on addressing non-market practices of third parties that may harm their respective large civil aircraft industries,

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continue to suspend application of their countermeasures, for a period of 5 years, avoiding billions of euros in duties for importers on both sides of the Atlantic

See White House announcement in the US section, above.

New e-commerce VAT rules take effect on 1 July

The EU Taxation and Customs Union announced that new VAT rules on cross-border business-to-consumer (B2C) e-commerce transactions will enter into ef-fect on 1 July. The following is from the announcement:

Everyone in the e-commerce supply chain is affected, from online sellers and market-

places/platforms both inside and outside the EU, to postal operators and couriers, customs and tax administrations, right through to consumers.

Online sellers, including online marketplaces/platforms can register in one EU Mem-

ber State and this w ill be valid for the declaration and payment of VAT on all distance sales of goods and cross-border supplies of services to customers w ithin the EU.

They w ill benefit from a reduction in red tape of up to 95% by registering w ith the new One Stop Shop (OSS).

The existing thresholds for distance sales of goods w ithin the EU w ill be abolished

and replaced by a new EU-w ide threshold of EUR 10 000. Below this EUR 10 000

threshold, the supplies of TBE (telecommunications, broadcasting and electronic) ser-

vices and distance sales of goods w ithin the EU may remain subject to VAT in the Member State w here the taxable person is established.

Special provisions are introduced w hereby online marketplaces/platforms facilitating

supplies of goods are deemed for VAT purposes to have received and supplied the goods themselves (“deemed supplier”).

In addition, new record keeping requirements are introduced for online market-

places/platforms facilitating supplies of goods and services, including w here such online marketplaces/platform are not a deemed supplier.

The VAT exemption at importation of small consignments of a value up to EUR 22 w ill be removed. This means all goods imported in the EU w ill now be subject to VAT.

But help is at hand! A new special scheme for distance sales of low goods imported

from third territories or third countries w ill be created. The Import One Stop Shop (IOSS) has been created to simplify the declaration and payment of VAT.

Finally, simplif ication measures for distance sales of imported goods in consignments

not exceeding EUR 150 w ill be introduced, in case the IOSS is not used (special ar-rangements).

Which are the transactions covered by the new changes?

Distance sales of goods w ithin the EU carried out by suppliers or deemed suppli-ers;

Domestic sales of goods by deemed suppliers;

Supplies of services by EU and non-EU sellers to consumers in the EU;

Distance sales of goods imported from third territories or third countries carried out by suppliers and deemed suppliers, except for goods subject to excise duties.

See the announcement for links to detailed provisions.

Between a rock and a hard place: EU Advocate-General Opinion signals strict interpretation of the EU Blocking Regulation

On 12 May, Advocate General (“A-G”) Hogan issued an Opinion in a case before the Court of Justice of the European Union (“CJEU”) concerning the application of the EU Blocking Statute (Regulation (EC) No 2271/96). While the Opinion is not binding on the CJEU, it signals that the EU and Member State courts are likely to take a strict approach in their interpretation of the Blocking Regulation,

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and highlights the complexities that face European businesses impacted by US sanctions against Iran and/or Cuba.

The Blocking Statute prohibits EU businesses from complying with certain extra-territorial US sanctions targeting Iran and Cuba. It also gives EU parties a right of action where they suffer loss resulting from the blocked US sanctions. This di-rect conflict between the EU and US position often places businesses in a diffi-cult position of ensuring compliance with EU law, whilst also seeking to minimise their risk under US extraterritorial sanctions.

In the case in question (C-124/20 Bank Melli Iran, Aktiengesellschaft nach iranischem Recht v Telekom Deutschland GmbH)a German telecommunications provider terminated its contract with a German branch of an Iranian bank shortly after the US tightened its sanctions against Iran in 2018. The bank was at the time listed on the US Specially Designated Nationals and Blocked Persons (“SDN”) List. The bank claimed that termination was motivated solely by the tele-communications provider’s desire to comply with US sanctions that created po-tential secondary sanctions risks for non-US businesses from trading with Iranian SDNs.

In the Opinion, the A-G sets out the following positions:

the Blocking Statute places a burden of proof on the terminating party to demon-strate that the decision to terminate is not motivated by US sanctions;

national courts must order the continued performance of a contract that has been unlaw fully terminated due to the application of US sanctions; and

the Blocking Statute prohibits any activity by an EU business intended to comply

w ith the blocked US sanctions, even if no US court or agency has attempted to compel the EU business to comply.

The A-G, also refers to the Blocking Statute as “a very blunt instrument” that “gives rise to a series of hitherto unresolved legal issues and a variety of in-tensely practical problems”, and suggests that the EU institutions may wish to re-view the legislation. This is a rare form of judicial criticism, and could contribute to an impetus for reform of the Blocking Statute (including opportunities for busi-ness to contribute their experiences as part of the conversation around re-form). The Opinion is not binding. However, A-G Opinions are highly persuasive and the CJEU follows them more often than not, so it is possible the CJEU may take a similarly robust stance when it hands down its judgment in due course. Businesses affected by the Blocking Statute would be advised to keep an eye out for the judgment, which may have a significant impact upon how businesses bal-ance the risks under US sanctions with their obligations under EU law.

Authors: Sunny Mann and Andrew Rose..

Commission issues tariff classification regulations

See separate section below for tariff classification regulations issued by the Euro-pean Commission during the period covered by this Update.

Amendments to the CN Explanatory Notes

No amendments to the Explanatory Notes to the Combined Nomenclature of the European Union were published in the Official Journal during the period covered by this Update.

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Binding Tariff Information

The European Community has created the Binding Tariff Information (BTI) sys-tem as a tool to assist economic operators to obtain the correct tariff classifica-tion for goods they intend to import or export.

Since 1 October 2019 all BTI correspondence between the economic operator and the customs authority is happening through the Trader Portal. This includes among others applications by economic operators for BTI decisions, requests by the customs authority for further information on the product being classified and the economic operators’ replies to those questions. A list of customs authorities designated by Member States for the purposes of receiving applications, or tak-ing decisions relating to binding tariff information may be found here. Depending on the Member State an economic operator has to access either the EU Customs trader portal or the national trader portal. You can search and con-sult existing BTIs on the EBTI-database.

Official Journal documents

The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific sub-stances and fishing rights) were published in the Official Journal of the European Union:

OJ Date Subject

01-06-21

Amendments to the Customs Convention on the International Transport of

goods under cover of TIR carnets (TIR Convention 1975) – According to UN De-positary Notification C.N.85.2021.TREATIES-XI.A.16 the following amendments

to the TIR Convention enter into force on 1 June 2021 for all Contracting Parties

02-06-21

Commission Delegated Regulation (EU) 2021/880 of 5 March 2021 amending

Delegated Regulation (EU) 2020/686 supplementing Regulation (EU) 2016/429

of the European Parliament and the Council as regards the traceability, animal

health and certif ication requirements for movements w ithin the Union of germi-

nal products of certain kept terrestrial animals (Text w ith EEA relevance)

Commission Delegated Directive (EU) 2021/884 of 8 March 2021 amending, for

the purposes of adapting to scientif ic and technical progress, Annex IV to Di-

rective 2011/65/EU of the European Parliament and of the Council as regards

the validity period of an exemption for the use of mercury in electric rotating con-

nectors used in intravascular ultrasound imaging systems (Text w ith EEA rele-

vance)

04-06-21

Commission Regulation (EU) 2021/899 of 3 June 2021 amending Regulation (EU) No 142/2011 as regards transitional measures for the export of meat-and-

bone meal as a fuel for combustion

Commission Implementing Regulation (EU) 2021/900 of 3 June 2021 authoris-

ing a change of the conditions of use of the novel food ‘galacto-oligosaccharide’

under Regulation (EU) 2015/2283 of the European Parliament and of the Coun-

cil and amending Commission Implementing Regulation (EU) 2017/2470

Commission Implementing Regulation (EU) 2021/901 of 3 June 2021 correcting

the Sw edish language version of Implementing Regulation (EU) 2019/2072 es-

tablishing uniform conditions for the implementation of Regulation (EU)

2016/2031 of the European Parliament of the Council, as regards protective

measures against pests of plants

Commission Implementing Regulation (EU) 2021/902 of 3 June 2021 amending

Implementing Regulation (EU) 2021/605 laying dow n special control measures

for African sw ine fever

Commission Directive (EU) 2021/903 of 3 June 2021 amending Directive

2009/48/EC of the European Parliament and of the Council as regards specif ic

limit values for aniline in certain toys

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OJ Date Subject

Council Recommendation (EU) 2021/892 of 3 June 2021 amending Council

Recommendation (EU) 2020/912 on the temporary restriction on non-essential

travel into the EU and the possible lif ting of such restriction

Decision No 1/2021 of the EU-Colombia-Peru-Ecuador Trade Committee of

17 May 2021 amending Appendix 1 of Annex XII (Government Procurement) to

the Trade Agreement betw een the European Union and its Member States, of

the one part, and Colombia, Peru and Ecuador, of the other part (2021/894)

07-06-21

Commission Implementing Decision (EU) 2021/913 of 3 June 2021 on the har-

monised standards for household dishw ashers drafted in support of Regulation

(EU) 2019/2022 and Delegated Regulation (EU) 2019/2017

Commission Implementing Decision (EU) 2021/906 of 3 June 2021 amending

the Annex to Implementing Decision (EU) 2021/641 concerning emergency

measures in relation to outbreaks of highly pathogenic avian influenza in certain

Member States (notified under document C(2021) 4096)

Commission notice — Commission guidelines on single-use plastic products in

accordance w ith Directive (EU) 2019/904 of the European Parliament and of the

Council on the reduction of the impact of certain plastic products on the environ-ment [2021/C 216/01]

09-06-21

Council Decision (EU) 2021/924 of 3 June 2021 on the position to be adopted

on behalf of the European Union w ithin the International Cocoa Council as re-

gards the extension of the International Cocoa Agreement 2010

Council Decision (EU) 2021/925 of 7 June 2021 on the position to be taken on

behalf of the European Union in the World Forum for Harmonisation of Vehicle

Regulations of the United Nations Economic Commission for Europe as regards

the proposals for modif ications to UN Regulations Nos 13, 13-H, 24, 30, 41, 49,

79, 83, 95, 101, 124, 129, 134, 137 and 157, and the proposals for modif ications

to Global Technical Regulations Nos 4 and 9

10-06-21

Commission Implementing Regulation (EU) 2021/934 of 9 June 2021 laying

dow n special control measures for classical sw ine fever

Commission Implementing Decision (EU) 2021/936 of 3 June 2021 on the har-

monised standards for household w ashing machines and household w asher-

dryers drafted in support of Regulation (EU) 2019/2023 and Delegated Regula-

tion (EU) 2019/2014

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)

11-06-21

Regulation (EU) 2021/821 of the European Parliament and of the Council of

20 May 2021 setting up a Union regime for the control of exports, brokering,

technical assistance, transit and transfer of dual-use items (recast)

14-06-21

Commission Implementing Regulation (EU) 2021/952 of 11 June 2021 amend-

ing Implementing Regulation (EU) 2021/605 laying dow n special control

measures for African sw ine fever

15-06-21

Regulation (EU) 2021/953 of the European Parliament and of the Council of

14 June 2021 on a framew ork for the issuance, verif ication and acceptance of

interoperable COVID-19 vaccination, test and recovery certif icates (EU Digital

COVID Certif icate) to facilitate free movement during the COVID-19 pandemic

- Statement by the Commission

Regulation (EU) 2021/954 of the European Parliament and of the Council of

14 June 2021 on a framew ork for the issuance, verif ication and acceptance of

interoperable COVID-19 vaccination, test and recovery certif icates (EU Digital

COVID Certif icate) w ith regard to third-country nationals legally staying or resid-

ing in the territories of Member States during the COVID-19 pandemic

- Statement by the Commission

16-06-21

Commission Implementing Regulation (EU) 2021/963 of 10 June 2021 laying

dow n rules for the application of Regulations (EU) 2016/429, (EU) 2016/1012

and (EU) 2019/6 of the European Parliament and of the Council w ith regard to

the identif ication and registration of equine animals and establishing model iden-

tif ication documents for those animals

17-06-21 Commission Implementing Regulation (EU) 2021/966 of 11 June 2021 granting

Cabo Verde a temporary derogation from the rules on preferential origin laid

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OJ Date Subject

dow n in Delegated Regulation (EU) 2015/2446, in respect of prepared or pre-

served tuna f illets, prepared or preserved mackerel f illets and prepared or pre-

served frigate tuna or frigate mackerel f illets

Commission Implementing Directive (EU) 2021/971 of 16 June 2021 amending Annex I to Council Directive 66/401/EEC on the marketing of fodder plant seed,

Annex I to Council Directive 66/402/EEC on the marketing of cereal seed, An-

nex I to Council Directive 2002/54/EC on the marketing of beet seed, Annex I to

Council Directive 2002/55/EC on the marketing of vegetable seed and Annex I

to Council Directive 2002/57/EC on the marketing of seed of oil and f ibre plants,

as regards the use of biochemical and molecular techniques

Council Decision (EU) 2021/972 of 14 June 2021 on the position to be taken on

behalf of the European Union w ithin the General Council of the World Trade Or-

ganization on the European Union request for an extension of the WTO w aiver

permitting autonomous trade preferences to the Western Balkans

Corrigendum to Commission Regulation (EU) 2021/850 of 26 May 2021 amend-

ing and correcting Annex II and amending Annexes III, IV and VI to Regulation

(EC) No 1223/2009 of the European Parliament and of the Council on cosmetic

products ( OJ L 188, 28.5.2021 )

Corrigendum to Commission Delegated Regulation (EU) 2020/217 of 4 October

2019 amending, for the purposes of its adaptation to technical and scientif ic pro-

gress, Regulation (EC) No 1272/2008 of the European Parliament and of the

Council on classif ication, labelling and packaging of substances and mixtures

and correcting that Regulation ( OJ L 44, 18.2.2020 )

Commission Implementing Decision (EU) 2021/973 of 1 June 2021 confirming

or amending the provisional calculation of the average specif ic emissions of

CO2 and the specif ic emissions targets for manufacturers of passenger cars and

light commercial vehicles for the calendar year 2019 and, for the passenger car

manufacturer Dr Ing. h.c. F. Porsche AG and the Volksw agen pool, for the cal-endar years 2014 to 2018 pursuant to Regulation (EU) 2019/631 of the Euro-

pean Parliament and of the Council (notified under document C(2021) 3682)

18-06-21

Commission Regulation (EU) 2021/979 of 17 June 2021 amending Annexes VII

to XI to Regulation (EC) No 1907/2006 of the European Parliament and of the

Council concerning the Registration, Evaluation, Authorisation and Restriction of

Chemicals (REACH)

Council Decision (EU) 2021/964 of 26 May 2021 on the conclusion of the Volun-

tary Partnership Agreement betw een the European Union and the Republic of

Honduras on forest law enforcement, governance and trade in timber products

to the European Union

Voluntary Partnership Agreement betw een the European Union and

the Republic of Honduras on forest law enforcement, governance and

trade in timber products to the European Union

Commission Implementing Decision (EU) 2021/989 of 17 June 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency

measures in relation to outbreaks of highly pathogenic avian influenza in certain

Member States (notified under document C(2021) 4257)

21-06-21

Commission Implementing Regulation (EU) 2021/994 of 18 June 2021 amend-

ing Annex I to Implementing Regulation (EU) 2021/605 laying dow n special con-

trol measures for African sw ine fever

Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of

the Union, of the Agreement in the form of an Exchange of Letters betw een the

European Union and the Republic of Cuba pursuant to Article XXVIII of the Gen-

eral Agreement on Tariffs and Trade (GATT) 1994 relating to the modif ication of

concessions on all the tariff -rate quotas included in the EU Schedule CLXXV as

a consequence of the United Kingdom’s w ithdraw al from the European Union

Agreement in the form of an exchange of letters betw een the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement

on Tariffs and Trade (GATT) 1994 relating to the modif ication of concessions on

all the tariff -rate quotas included in the EU Schedule CLXXV as a consequence

of the united Kingdom’s w ithdraw al from the European Union

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OJ Date Subject

Council Recommendation (EU) 2021/992 of 18 June 2021 amending Recom-

mendation (EU) 2020/912 on the temporary restriction on non-essential travel

into the EU and the possible lif ting of such restriction

UN Regulation No 160 – Uniform provisions concerning the approval of motor vehicles w ith regard to the Event Data Recorder

22-06-21

Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021 amending

Regulation (EU) 2018/848 of the European Parliament and of the Council as re-

gards the model of the certif icate attesting compliance w ith the rules on organic

production

Commission Implementing Regulation (EU) 2021/1008 of 21 June 2021 amend-

ing Annex I to Implementing Regulation (EU) 2021/620 as regards the disease-

free status of Croatia and a region of Portugal from infection w ith Brucella abor-

tus, B. melitensis and B. suis in bovine animal populations, amending Annex VIII

thereto as regards the disease-free status of Lithuania and certain regions of

Germany, Italy and Portugal from infection w ith bluetongue virus (serotypes 1-

24) and amending Annex XIII thereto as regards the disease-free status of Den-

mark and Finland from infectious haematopoietic necrosis

Commission Implementing Decision (EU) 2021/1015 of 17 June 2021 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for

refrigerating, ice-cream and ice makers appliances, laboratory equipment for the

heating of materials, automatic and semi-automatic laboratory equipment for

analysis and other purposes, electrical equipment w ith ratings related to electri-

cal supply, appliances for skin exposure to ultraviolet and infrared radiation,

room heaters, electric irons, stationary cooking ranges, hobs, ovens and similar

appliances, fabric steamers, electromechanical control circuit devices, blankets,

pads, clothing and similar f lexible heating appliances and certain other electrical

equipment designed for use w ithin certain voltage limits

24-06-21

Council Decision (CFSP) 2021/1026 of 21 June 2021 in support of the Cyber Security and Resilience and Information Assurance Programme of the Organi-

sation for the Prohibition of Chemical Weapons (OPCW) in the framew ork of the

implementation of the EU Strategy against Proliferation of Weapons of Mass

Destruction

Amendments to the Agreement betw een the EFTA States on the establishment

of a Surveillance Authority and a Court of Justice [2021/C 245/13]

25-06-21

Commission Delegated Regulation (EU) 2021/1040 of 16 April 2021 amending

Delegated Regulation (EU) 2016/128 as regards the requirements on pesticides

in food for special medical purposes developed to satisfy the nutritional require-

ments of infants and young children (Text w ith EEA relevance)

Commission Delegated Regulation (EU) 2021/1041 of 16 April 2021 amending

Delegated Regulation (EU) 2016/127 as regards the requirements on pesticides

in infant formula and follow -on formula (Text w ith EEA relevance)

Commission Delegated Directive (EU) 2021/1047 of 5 March 2021 amending

Directive 2009/43/EC of the European Parliament and of the Council as regards

the updating of the list of defence-related products in line w ith the updated Com-

mon Military List of the European Union of 17 February 2020 (Text w ith EEA rel-

evance)

Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amend-

ing Commission Implementing Regulation (EU) 2019/159 to prolong the safe-

guard measure on imports of certain steel products

Decision (EU) 2021/1032 of the European Parliament of 27 April 2021 extend-

ing, by an additional period, the term of off ice of the Committee of Inquiry to in-

vestigate alleged contraventions and maladministration in the application of Un-

ion law in relation to the protection of animals during transport w ithin and out-

side the Union

Decision No 1/2020 of the Joint Committee established by the Agreement be-

tw een the European Union and the Sw iss Confederation on the linking of their

greenhouse gas emissions trading systems of 5 November 2020 on the adop-

tion of Common Operational Procedures (COP) [2021/1033]

Decision No 2/2020 of the Joint Committee established by the Agreement be-tw een the European Union and the Sw iss Confederation on the linking of their

greenhouse gas emissions trading systems of 5 November 2020 on amending

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OJ Date Subject

Annexes I and II to the Agreement and the adoption of Linking Technical Stand-

ards (LTS) (2021/1034)

Commission Implementing Decision (EU) 2021/1035 of 23 June 2021 amending

Implementing Decisions 2013/648/EU and 2013/650/EU as regards the authori-sation holder and its representative in the Union for the placing on the market of

products containing, consisting of, or produced from certain genetically modif ied

maize (notified under document C(2021) 4317)

Decision of the EEA Joint Committee No 130/2021 of 15 March 2021 amending

Protocol 10 to the EEA Agreement, on simplif ication of inspections and formali-

ties in respect of carriage of goods [2021/1039]

Notice on the application of the trade defence legislation and measures of the

European Union in Northern Ireland from 1 January 2021 [2021/C 248/03]

Summary of European Union decisions on marketing authorisations in respect

of medicinal products from 1 May 2021 to 31 May 2021(Published pursuant to

Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parlia-

ment and of the Council) [2021/C 249/01]

Restrictive measures established, amended, corrected

During the past month, the following restrictive measures were established, amended or corrected:

OJ Date Restrictive Measure

04-06-21

Council Regulation (EU) 2021/907 of 4 June 2021 amending Regulation (EC)

No 765/2006 concerning restrictive measures in respect of Belarus

Council Decision (CFSP) 2021/908 of 4 June 2021 amending Deci-

sion 2012/642/CFSP concerning restrictive measures in view of the situation in

Belarus

21-06-21

Council Regulation (EU) 2021/996 of 21 June 2021 amending Regulation (EC)

No 765/2006 concerning restrictive measures in respect of Belarus

Council Implementing Regulation (EU) 2021/997 of 21 June 2021 implementing

Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in

respect of Belarus

Council Implementing Regulation (EU) 2021/998 of 21 June 2021 implementing

Regulation (EU) No 401/2013 concerning restrictive measures in view of the situ-

ation in Myanmar/Burma

Council Implementing Regulation (EU) 2021/999 of 21 June 2021 implementing

Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in

respect of Belarus

Council Decision (CFSP) 2021/1000 of 21 June 2021 amending Deci-sion 2013/184/CFSP concerning restrictive measures in view of the situation in

Myanmar/Burma

Council Decision (CFSP) 2021/1001 of 21 June 2021 amending Deci-

sion 2012/642/CFSP concerning restrictive measures in view of the situation in

Belarus

Council Implementing Decision (CFSP) 2021/1002 of 21 June 2021 implement-

ing Decision 2012/642/CFSP concerning restrictive measures in view of the situ-

ation in Belarus

22-06-21

Council Regulation (EU) 2021/1005 of 21 June 2021 amending Regulation (EU)

2016/44 concerning restrictive measures in view of the situation in Libya

Council Decision (CFSP) 2021/1010 of 21 June 2021 amending Decision

2014/386/CFSP concerning restrictive measures in response to the illegal an-

nexation of Crimea and Sevastopol

Council Decision (CFSP) 2021/1014 of 21 June 2021 amending Decision

(CFSP) 2015/1333 concerning restrictive measures in view of the situation in

Libya

Commission Implementing Regulation (EU) 2021/1016 of 21 June 2021 amend-

ing for the 321st time Council Regulation (EC) No 881/2002 imposing certain

specif ic restrictive measures directed against certain persons and entities asso-

ciated w ith the ISIL (Da'esh) and Al-Qaeda organisations

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OJ Date Restrictive Measure

24-06-21

Council Decision (CFSP) 2021/1025 of 21 June 2021 amending Decision

(CFSP) 2017/809 in support of the implementation of United Nations Security

Council Resolution 1540 (2004) on the non-proliferation of w eapons of mass de-

struction and their means of delivery

Council Regulation (EU) 2021/1030 of 24 June 2021 amending Regulation (EC)

No 765/2006 concerning restrictive measures in respect of Belarus

Council Decision (CFSP) 2021/1031 of 24 June 2021 amending Council Deci-

sion 2012/642/CFSP concerning restrictive measures in view of the situation in

Belarus

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-tions, Orders & Reviews section below.

INDIVIDUAL COUNTRIES

EFTA COUNTRIES

Swiss and Russian Customs Services sign MoU

On 9 June 2021, the Swiss Government announced that the Federal Customs Administration (FCA) and the Federal Customs Service of the Russian Federa-tion (FCS) signed a memorandum of understanding (MoU) on customs coopera-tion in Moscow on 9 June 2021.

The main objective of the MoU is to promote technical cooperation and the ex-change of best practices in various areas. The MoU also provides an opportunity to optimise processes in the cross-border movement of goods with Russia. It will be implemented through bilateral meetings and seminars at expert level both in Switzerland and in Russia.

Swiss take part in Operation PANGEA XIV: campaign against counterfeit and illegally imported medicinal products

On 8 June 2021, the Swiss Agency for Therapeutic Products issued a press re-lease announcing the results of Operation PANGEA XIV. The release said in part:

Authorities worldwide have been checking for criminal online sales of medi-cines in a coordinated operation: The week from 18 to 25 May saw a coordi-nated worldwide campaign against the illegal online trade in medicines. For years, this market has been dominated by erectile stimulants. Some 90% of the shipments confiscated by the Federal Customs Administration (FCA) and Swissmedic contained such products. Also seized were a number of other il-legally imported prescription-only medicines that pose serious health risks.

Switzerland has for many years been participating in the PANGEA interna-tional week of action, which is coordinated by Interpol. This year, 55 coun-tries took part actively. The aim of this operation, now conducted for the 14th time, was once again to combat illegal internet-based sales of medicinal products. In total, the international authorities scrutinised almost 120,000 websites and closed down 113,000 of them. Worldwide, some 9 million units of illegal and counterfeit medicinal products were seized.

In Switzerland, Swissmedic, the FCA and Antidoping Switzerland inspected 695 shipments at the Zurich-Mülligen postal sorting office. Half of them (346) were confiscated, as they contained illegal medicinal or doping products. Consignments from Ukraine, which often contained forgeries of the erectile

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stimulants Viagra and Cialis loomed large among them. Confiscated narcot-ics were reported to the cantonal authorities so that they could institute crimi-nal proceedings.

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 cov-ered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.

Date* Measure

ICELAND

01-06-21

№ 41/2021 – (28-05-21) Law on amendments to the Aviation Act, no. 60/1998,

w ith subsequent amendments (obligations of carriers due to COVID-19)

№ 641/2021 (17-05-21) Regulation on amendments to Regulation (EU)

2017/1369 of the European Parliament and of the Council as regards the energy

labeling of electronic screens and repealing the delegated Commission Regula-

tion (EU) no. 1062/2010.

№ 642/2021 (17-05-21) Regulation on amendments to Regulation (EU) 2017/1369 of the European Parliament and of the Council as regards the energy

labeling of household w ashing machines and w ashing machines w ith household

dryers and repealing the delegated Commission Regulation (EU) no. 1061/2010

and Commission Directive 96/60 / EC

№ 643/2021 (17-05-21) Regulation on amendments to Regulation (EU)

2017/1369 of the European Parliament and of the Council as regards energy la-

beling of light sources and repealing Commission Delegated Regulation (EU)

No. 874/2012

№ 644/2021 (17-05-21)Regulation on amendments to Regulation (EU)

2017/1369 of the European Parliament and of the Council as regards energy la-

beling of refrigeration appliances and repealing the delegated Commission Reg-

ulation (EU) no. 1060/2010.

№ 645/2021 (17-05-21) Regulation on amendments to Regulation (EU)

2017/1369 of the European Parliament and of the Council as regards energy la-beling of household dishw ashers and repealing the delegated Commission Reg-

ulation (EU) no. 1059/2010

№ 646/2021 (17-05-21) Regulation von amendments to Regulation (EU)

2017/1369 of the European Parliament and of the Council as regards energy la-

beling of refrigeration appliances used in direct sales.

02-06-21 № 650/2021– (01-06-21) Regulation on the obligation of air carriers to inspect

COVID-19 certif icates in international f lights.

06-06-21

№ 51/2021 (21-05-21) Law on the Schengen Information System in Iceland

№ 677/2021 (25-05-21) Regulation on the treatment of plant protection prod-

ucts and pesticides

11-06-21

№ 689/2021 (26-05-21) Regulation on (1st) amendment to Regulation no.

167/2014 on the entry into force of Commission Regulation (EU) no. 284/2011

on special conditions and detailed procedures for the importation of kitchen

utensils made of polyamide and melamine plastics originating in or dispatched

from the People's Republic of China and Hong Kong

№ 692/2021 (11-06-21) Regulation on quarantine and isolation and sampling at

the Icelandic border due to COVID-19

25-06-21 № 747/2021 (24-06-21) Regulation on quarantine and isolation and sampling at

the Icelandic border due to COVID‑19.

LIECHTENSTEIN

24-06-21

LGBI № 2021.195 Exchange of notes betw een the Principality of Liechtenstein

and the European Union regarding the adoption of the implementing decisions of the Commission of 19 and 20 May 2021 in connection w ith ETIAS (further de-

velopment of the Schengen acquis) (LR № 0.362.380.127)

NORWAY

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Date* Measure

01-06-21

Regulations amending the regulations on quota obligations and trade in quotas

for greenhouse gas emissions (the climate quota regulations)

FOR-2021-05-28-1713 Ministry of Climate and Environment

Regulations amending the Regulations on measures against money laundering

and terrorist f inancing (the Money Laundering Regulations) and the Regulations

on payment service systems (implementation of Directive (EU) 2018/843 (Fifth

Money Laundering Directive) and certain other amendments) FOR-2021-05-31-

1715 Ministry of Finance

11-06-21

Delegation of the King's authority pursuant to Temporary Act of 19 June 2020

no. 83 on entry restrictions for foreigners for reasons of public health § 2 fourth

paragraph second sentence to the Department of Justice and Emergency Pre-

paredness. FOR-2021-06-11-1858 Ministry of Health and Care Services

12-06-21

Regulations amending regulations on entry restrictions for foreigners for reasons

of public health FOR-2021-06-12-1895 Ministry of Justice and Emergency Pre-

paredness

15-06-21

Regulations amending the regulations on restrictions on the use of chemicals

that are hazardous to health and the environment and other products (the prod-

uct regulations) FOR-2021-06-02-1924 Ministry of Climate and Environment

Regulations on amendments to regulations on requirements for CO2 emissions,

etc. for manufacturers of cars and vans FOR-2021-06-11-1927 Ministry of

Transport

Regulations amending regulations to the Customs and Goods Movement Act

(the Customs Regulations) FOR-2021-06-15-1932 Ministry of Finance

16-06-21 Regulations amending the Regulations to the Customs and Trade Act (the Cus-

toms Regulations) FOR-2021-06-14-1938 Ministry of Finance

17-06-21

Regulations amending the regulations on customs and the movement of goods

(the customs regulations) FOR-2021-06-10-1948 Ministry of Finance

Regulations amending temporary regulations on exemptions from the provisions

of the Ecology Regulations on control of the production of organic products due

to the corona outbreak (covid-19), Regulation (EU) 2020/977

FOR-2021-06-15-1950 Ministry of Agriculture and Food

18-06-21

Regulations repealing regulations on transitional rules on registration by a repre-

sentative in the VAT register on the United Kingdom's w ithdraw al from the Euro-

pean Union FOR-2021-06-18-1969 Ministry of Finance

Shared entry into force of Act no. 67 of 12 June 2020 on amendments to the

Trademarks Act and the Customs Act, etc. (implementation of a new trademark

directive, etc.) w ith transitional provisions FOR-2021-06-18-1975 Ministry of

Justice and Emergency Preparedness

Regulations amending regulations on entry restrictions for foreigners for reasons

of public health FOR-2021-06-18-2001 Ministry of Justice and Emergency Pre-

paredness

21-06-21

Regulations repealing regulations 22 June 2012 no. 573 on the export credit

scheme and amendments to the Public Administration Regulations and the Pub-

lic Regulations FOR-2021-06-18-2010 Ministry of Trade and Industry

Regulations on amendments to regulations on foreigners' access to the realm

and their stay here (Immigration Regulations) FOR-2021-06-18-2022 Ministry of

Justice and Emergency Preparedness

22-06-21 Decision on amendment of the Storting's decision on customs

FOR-2021-06-18-2051 Ministry of Finance

23-06-21

Shared entry into force of Act no. 5 of 10 February 2017 on amendments to the

Tobacco Damage Act (implementation of Directive 2014/40 / EU and standard-

ized tobacco packaging) FOR-2021-06-23-2065 Ministry of Health and Care

Services

Regulations repealing Regulations of 13 October 1989 No. 1044 on the prohibi-

tion of new tobacco and nicotine products FOR-2021-06-23-2069 Ministry of Health and Care Services

24-06-21

Regulations on amendments to regulations on foreigners' access to the realm

and their stay here (Immigration Regulations)

FOR-2021-06-22-2123 Ministry of Justice and Emergency Preparedness

25-06-21 Regulations on approval schemes for new tobacco and nicotine products

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Date* Measure

FOR-2021-06-17-2131 Ministry of Health and Care Services

Regulations on changes in regulations on import, export, possession, etc. of en-

dangered species of w ild fauna and f lora (CITES Regulation) - Appendix 1 - list

of species FOR-2021-06-23-2135 Ministry of Climate and Environment

SWITZERLAND

01-06-21

Ordinance of 26 May 2021 on the exclusion of the liability of debtors of customs

debt in connection w ith the coronavirus (RS 631.031)

Ordinance on measures to combat the coronavirus (COVID-19) in the f ield of in-

ternational passenger transport (Ordinance COVID-19 measures in the f ield of

international passenger transport) (RS 818.101.27

Ordinance on the release of phytosanitary products (Ordinance on phytosanitary

products, OPPh) (RS 916.161)

02-06-21 Ordinance of the DFI regulating import, transit and export trade in animals and

animal products w ith third countries (OITE-PT-DFI) (RS 916.443.10)

07-06-21

Customs Convention of 14 November 1975 on the international transport of

goods under cover of TIR carnets (TIR Convention) (RS 0.631.252.512)

Ordinance on energy eff iciency requirements of mass-produced plants, vehicles

and devices (Ordinance on energy eff iciency requirements, OEEE) (RS 730.02)

09-06-21

Decision No 2/2018 of the EFTA-Serbia Joint Committee amending Annex IV of

the Free Trade Agreement betw een the EFTA States and the Republic of Serbia

on Trade Facilitation (RS 0.632.316.821)

16-06-21 Ordinance on measures to combat the coronavirus (COVID-19) in the f ield of in-ternational passenger transport (Ordinance COVID-19 measures in the f ield of

international passenger transport) (RS 818.101.27)

21-06-21 OFAG ordinance concerning the lists of countries according to the agricultural

ordinance on the declaration (Lists of OAgrD countries) (RS 916.511)

22-06-21

Ordinance of the FDF on goods benefiting from customs relief according to their

use (Ordinance on customs relief, OADou) (RS 631.012)

Ordinance of 23 June 2021 on measures to combat the coronavirus (COVID-19)

in the f ield of international passenger transport (COVID-19 Ordinance on

measures in the f ield of international passenger transport) (RS 818.101.27)

23-06-21 Ordinance on the importation of agricultural products (Ordinance on agricultural

imports, OIAgr) (RS 916.01)

24-06-21 Ordinance on the importation of agricultural products (Ordinance on agricultural

imports,) (RS 916.01)

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, unoffi-cial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.

Date* Restrictive Measure

ICELAND

01-06-21 № 638/2021 (17-05-21) Regulation amending the Guinea-Bissau Enforcement

Regulation, No. 567/2014

02-06-21

№ 651/2021 (17-05-21) Regulation repealing the Regulation on coercive

measures concerning Egypt, No. 908/2015

№ 652/2021 (17-05-21) Regulation amending the Regulation on coercive

measures concerning Somalia, no. 792/2015, together w ith subsequent amend-

ments

№ 653/2021 (17-05-21) Regulation amending the Regulation on coercive

measures against Zimbabw e, no. 744/2015, together w ith subsequent amend-ments

LIECHTENSTEIN

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Date* Restrictive Measure

11-06-21 LGBI № 2021.188 Ordinance of 8 June 2021 amending the ordinance on

measures against Syria (LR № 946.223.8)

SWITZERLAND

10-06-21 Modif ication to the Ordinance on measures against Syria (RS 946.231.172.7)

[Entry into force 11-06-21 at 18 hrs]

18-06-21

Modif ication to the Ordinance of October 2, 2000 instituting measures against

persons and entities linked to Osama bin Laden, to the “Al-Qaida” group or to

the Taliban (RS 946.203) [Entry into force 17-06-2021]

Non EU-EFTA European Countries

UNITED KINGDOM

UK and US reach an understanding to resolve a long-standing trade irritant relating to large civil aircraft

On 17 June 2021, the US and UK reached an understanding to resolve a long-standing trade irritant relating to large civil aircraft. See United States section above and UK release here, which is identical to the US release. This follows the US-EU understanding announced on 15 June..

UK agrees to an FTA with Australia

On 15 June 2021, the UK Government announced that the UK has secured a trade deal with Australia eliminating tariffs on all UK goods and boosting jobs and businesses across the country, in the first major trade deal negotiated from scratch by the Government since the UK left the EU.

The announcement said that the main elements of the deal were agreed by Prime Minister Boris Johnson and Australian Prime Minister Scott Morrison at a meeting in Downing Street on 14 June. A final Agreement in Principle will be pub-lished in the coming days.

Parliament will have the opportunity to scrutinise the agreement in detail once the text is published, along with an impact assessment and explanatory memoran-dum.

The leaders reaffirmed the enduring partnership between the UK and Australia during their discussion and agreed to work closely together on defence, technol-ogy collaboration and tackling climate change – including through a future Clean Tech Partnership.

The announcement also said:

The new Free Trade Agreement means iconic British products like cars, Scotch

w hisky, biscuits and ceramics w ill be cheaper to sell into Australia, boosting UK in-

dustries that employ 3.5 million people across the country. The UK-Australia trade re-

lationship w as w orth £13.9 billion last year and is set to grow under the deal, creating opportunities for businesses and producers in every part of the UK.

British farmers w ill be protected by a cap on tariff -free imports for 15 years, using tariff

rate quotas and other safeguards. We are also supporting agricultural producers to increase their exports overseas, including to new markets in the Indo-Pacif ic.

Under the agreement, Brits under the age of 35 w ill be able to travel and w ork in Aus-tralia more freely, opening exciting opportunities for young people.

An FTA with Australia is also a gateway into the fast-growing Indo-Pacific region and will boost the UK’s bid to join CPTPP, one of the largest free trade areas in the world, covering £9 trillion of GDP and 11 Pacific nations from Australia to Mexico.

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UK-Australia free trade agreement: benefits for the UK

UK-Australia free trade agreement negotiations: agreement in principle

UK secures new deal with Norway, Iceland and Liechtenstein

On 4 June 2021, the UK government announced that it has secured a new trade deal with Norway, Iceland and Liechtenstein that will boost critical British sectors like digital, slash tariffs on high-quality British food and farm products and sup-ports jobs in every corner of the UK. The announcement said:

The deal agreed in principle today (4th June) is the f irst time these three European

countries have included dedicated chapters on digital trade and small businesses in any trade deal, making it the most advanced they have done to date.

Cutting-edge digital provisions mean w hen British f irms export to Norw ay and Iceland,

they w ill be able to benefit from commitments that limit unnecessary paperw ork. Elec-

tronic documents, contracts and signatures w ill allow goods to move seamlessly across borders, saving businesses time and money.

The agreement signif icantly cuts tariffs as high as 277% for exporters to Norw ay of

West Country Farmhouse Cheddar, Orkney Scottish Island Cheddar, Traditional

Welsh Caerphilly, and Yorkshire Wensleydale cheese. There are also tariff reductions

and quotas on pork, poultry and other goods. UK w ines and spirits including Scotch Whisky w ill also now be recognised in Norw ay and Iceland.

Reduced import tariffs on shrimps, praw ns and haddock w ill reduce costs for UK fish

processing, helping support some 18,000 jobs in that industry in Scotland, East York-shire and Northern Lincolnshire.

***

The agreement means British businesses can bid for more government contracts in partner countries w orth some £200 million a year.

The deal w ill allow caps on the charges mobile operators are allow ed to charge each

other for international mobile roaming, a w orld-f irst in an FTA, keeping costs low for holiday makers and business travellers.

***

CPTPP nations agree to the UK’s bid to begin the accession pro-cess to the CPTPP

On 2 June 2021, the UK government announced that the CPTPP nations had agreed to the UK’s bid to begin the accession process to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP is a trade agreement between 11 countries (Australia, Brunei, Canada, Chile, Ja-pan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam), covering 500 million people.

The announcement said the UK will continue to work closely with Japan, as this year’s chair of the CPTPP commission, alongside the other CPTPP nations to progress negotiations as quickly as possible as UK accession could cut tariffs in vital UK industries like food and drink and the automotive sector, as well as creat-ing new opportunities in areas like digital, data, and across services.

The government will publish its outline approach, scoping assessment and con-sultation response before negotiations start in the coming weeks.

Legislation (legislation.gov.uk)

Date Measure

01-06-21 SI 2021/645 - The Trade in Endangered Species of Wild Fauna and Flora

(Council Regulation (EC) No 338/97) (Amendment) (No. 2) Regulations 2021

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Date Measure

04-06-21 SSI 2021/230 - The Health Protection (Coronavirus) (International Travel) (Scotland)

Amendment (No. 12) Regulations 2021

07-06-21

SI 2021/670 - The Health Protection (Coronavirus, International Travel and Op-

erator Liability) (England) (Amendment) (No. 2) Regulations 2021

SI 2021/639 - The Proceeds of Crime Act 2002 (Administrative Forfeiture No-

tices) (England and Wales and Northern Ireland) (Amendment) Regulations

2021

08-06-21

SI 2021/675 - The Climate Change Levy (General) (Amendment and Modif ica-

tion) Regulations 2021

SI 2021/669 - The Health Protection (Coronavirus, International Travel) (Wales)

(Amendment) (No. 8) Regulations 2021 / Rheoliadau Diogelu Iechyd (Coro-

nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 8) 2021

SR 2021/154 - The Health Protection (Coronavirus, International Travel)

(Amendment No. 4) Regulations (Northern Ireland) 2021

09-06-21

SI 2021/661 - The Customs Tariff (Establishment) (EU Exit) (Amendment) (No.

2) Regulations 2021

SI 2021/690 - The Customs Tariff (Establishment) (EU Exit) (Amendment) (No.

2) Regulations 2021 (Appointed Day) Regulations 2021

10-06-21

SSI 2021/237 - The Health Protection (Coronavirus) (International Travel) (Scot-

land) Amendment (No. 13) Regulations 2021

SI 2021/693 - The Customs Tariff (Preferential Trade Arrangements and Tariff

Quotas) (EU Exit) (Amendment) (No. 3) Regulations 2021

SI 2021/695 - The Customs (Declaration Modif ication) Regulations 2021

SI 2021/697 - The Taxation (Cross-border Trade) (Miscellaneous Amendments)

(EU Exit) Regulations 2021

21-06-21

SI 2021/730 - The Conformity Assessment (Mutual Recognition Agreements)

and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations

2021

SI 2021/731 - The Health Protection (Coronavirus, International Travel and Op-

erator Liability) (England) (Amendment) (No. 3) Regulations 2021

24-06-21

SI 2021/756 - The Common Organisation of the Markets in Agricultural Prod-

ucts (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine)

(Amendment etc.) Regulations 2021

25-06-21

SI 2021/745 - The Ecodesign for Energy-Related Products and Energy Infor-mation Regulations 2021

SSI 2021/254 - The Health Protection (Coronavirus) (International Travel etc.)

(Miscellaneous Amendments) (Scotland) (No. 3) Regulations 2021

HMRC updates

The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:

Release

Date Ref. No. and Subject

Tariff, Anti-Dumping and Other Notices

04-06-21 Reference Document for The Customs Tariff (Establishment) (EU Exit) Regula-

tions 2020

07-06-21 Changes to CHIEF commodity codes (Tariff stop press notice 17)

09-06-21 Reference Document for The Customs Tariff (Establishment) (EU Exit) Regula-

tions 2020

10-06-21

Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations

2020

Notices made under The Customs (Transitional Arrangements) (EU Exit) Regula-

tions 2020

Notices made under the Customs (Import Duty) (EU Exit) Regulations 2018

The Taxation Cross-border Trade (Miscellaneous Amendments) (EU Exit) Regu-

lations 2021

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Release Date

Ref. No. and Subject

11-06-21 Reference Documents for The Customs Tariff (Preferential Trade Arrangements

and Tariff Quotas) (EU Exit) (Amendment) (No 3) Regulations 2020

13-06-21 Decision on the Amendment of the Import Regime Decision (Decision Number: 4087)

17-06-21 Automatic Licence Verif ication System (ALVS) across HM Government

ECJU Notices to Exporters and DIT documents

The following Export Control Joint Unit (ECJU) Notices to Exporters and other Department for International Trade (DIT) documents were issued:

Date Notice No. and Subct

07-06-21 Notice to Exporters 2021/04: open general licences amended

08-06-21 Notice to Exporters 2021/05: Export Control Order 2008 amendment

Notice to Exporters 2021/06: F680 express applications

11-06-21 Notice to Exporters 2021/07: Licences for strategically controlled items

TURKEY

Legislation (laws, resolutions, orders, etc.)

The following documents were published in the on-line T.C. Resmî Gazete.

Date Subject

01-06-21

Communiqué Amending the Customs General Communiqué (Customs Trans-

actions) (Serial No: 104) (Customs Transactions) (Serial No: 170)

Communiqué Amending the Communiqué on Registrant Goods for Export

(Communiqué No: Export 2006/7) (Exports 2021/4)

02-06-21

Decision on the Approval of the Instrument for the Amendment of the Protocol

on Agriculture betw een Turkey and Iceland and the Instrument for the Amend-

ment of the Protocol of 10 December 1991 on Trade in Agricultural Products

Betw een Turkey and Norw ay (Decision Number: 4037)

Communiqué Amending Customs General Communiqué (Temporary Import)

Serial No: 4 (Temporary Import) (Serial No: 7)

Communiqué on the Prevention of Unfair Competition in Imports (No: 2021/28)

03-06-21

7321 Law Concerning the Approval of the Agreement on Trade and Economic

Cooperation betw een the Government of the Republic of Turkey and the Gov-

ernment of the Republic of Mozambique

7323 Law on Approval of the Agreement on Cooperation and Mutual Assis-

tance in Customs Matters betw een the Ministry of Customs and Trade of the Republic of Turkey and the Ministry of Finance of the Socialist Republic of Vi-

etnam

04-06-21 Communiqué Amending the Communiqué on Registrant Goods for Export

(Communiqué No: Export 2006/7) (Export 2021/5)

05-06-21

Decision Concerning the Freezing of Assets in Turkey in the Disposition of Cer-

tain Organizations and Persons in accordance w ith the United Nations Security

Council Resolution No. 1373 (2001) (Decision Number: 4082)

Regulation on the Regulation and Implementation of Sugar Quotas (Decision

Number: 4080)

11-06-21

Scope of Bilateral Cumulation of Origin System Regulation Amending the Reg-

ulation on Determination of the Preferential Origin of Goods in Trade

Scope of the Regional Convention on Pan-European Mediterranean Preferen-

tial Rules of Origin Regulation Amending the Regulation on Determination of

the Preferential Origin of Goods in Trade

16-06-21 Communiqué on the Prevention of Unfair Competition in Imports (No: 2021/30)

19-06-21

Annex of the Council of Ministers Decision dated 30/9/2013 and numbered

2013/5428 on the Freezing of Assets in the possession of Persons, Organiza-

tions or Organizations Listed by the Resolutions 1267 (1999), 1988 (2011) and

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Date Subject

1989 (2011) of the United Nations Security Council (1 ) Decision on Amending

the List No. (Number of Decisions: 4088)

Regulation Amending the Regulation on Facilitating Customs Procedures

Regulation Amending the Customs Regulation

Regulation Amending the Regulation on Duty Free Shops

Regulation Amending the Regulation on the Establishment and Duties of Turk-

ish Exporters Assembly and Exporters' Associations

Communiqué on the Prevention of Unfair Competition in Imports (No: 2021/31)

Communiqué Amending Customs General Communiqué (Collection Proce-

dures) (Serial No: 2) (Collection Procedures) (Serial No: 3)

Communiqué Amending Customs General Communiqué (Truck Transactions)

(Serial No: 1) (Truck Transactions) (Serial No: 8)

Communiqué Amending the Customs General Communiqué (Transit Regime)

(Serial No: 4) (Transit Regime) (Serial No: 10)

Communiqué Amending the Customs General Communiqué (Transit Regime)

(Serial No: 3) (Transit Transactions) (Serial No: 11)

Communiqué Amending the Customs General Communiqué (Transit Regime)

(Serial No: 5) (Transit Regime) (Serial No: 11)

Communiqué Amending the Customs General Communiqué (Transit Regime)

(Serial No: 6) (Transit Regime) (Serial No: 12)

Communiqué Amending the Customs General Communiqué (Sequence No: 1)

on the Status of Approved Person (Sequence No: 6)

21-06-21 Communiqué on Restructuring of Customs Claims w ithin the Scope of Law No.

7326

22-06-21

Decision on the Amendment of the Import Regime Decision (Number of Deci-

sion: 4106)

Decision on Amending the Import Regime Decision (Decision Number: 4107)

Decision on Amending the Decisions on the Implementation of Tariff Quotas in

the Imports of Certain Agricultural and Processed Agricultural Products w ithin

the Framew ork of Bilateral Agreements (Decision Number: 4108)

Communiqué Amending the Communiqué on the Implementation of Tariff Quo-

tas in the Imports of Certain Agricultural Products Originating from the Euro-

pean Union

Communiqué Amending the Communiqué on the Implementation of Tariff Quo-

tas for Some Agricultural and Processed Agricultural Products of Georgia

Origin

24-06-21 Customs General Communiqué (Tariff -Classif ication Decisions) (Serial No: 35)

UKRAINE

Ukraine introduces VAT on digital services

In brief

On 3 June 2021, the Parliament of Ukraine adopted the Law of Ukraine “On Amendments to the Tax Code of Ukraine on Repealing Taxation of Income Re-ceived by Non-Residents in the Form of Payment for Production and/or Distribu-tion of Advertising and Improvement of the Procedure for Value Added Taxation of Supply of Electronic Services to Individuals by Non-Residents” (“Law”).

Key takeaways

The Law introduces 20% VAT on electronically supplied services (“ESS”) pro-vided by nonresidents to Ukrainian customers.

By its terms, the Law is expected to apply from 1 January 2022.

In more detail

1. SCOPE

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The ESS VAT regime covers supplies of digital services to customers under the B2C model as well as — in the narrowly defined cases — under the B2B model. In this context, for B2B purposes, 20% VAT would apply to ESS supplied to “pri-vate entrepreneurs” (PEs) who are not registered as VAT payers. By the term of Ukrainian law, PEs are private individuals who register as a business for tax pur-poses.

ESS are defined as “services that are provided [1] via the Internet network, [2] in an automated manner, [3] by means of information technologies, and [4] predom-inantly without interference of humans.”

The Law provides for a non-exhaustive list of ESS, including, among others:

supply of digital copies, access to images, text and information, including sub-scription to online new spapers and journals, and e-books

supply of digital copies and/or access to audiovisual w orks, video and audio on

demand, games, including the provision of services involving participation in such

games, access to television programs, unless they are broadcast simultaneous to being transmitted over a television netw ork

provision of access to informational, commercial and entertaining electronic re-sources, other similar resources

distance teaching via the internet, the supply of w hich requires no human inter-vention, including virtual classrooms

cloud services in terms of computing resources, data w arehousing resources and electronic communications systems

supply of softw are and updates, including digital copies, as w ell as remote servic-ing of softw are and electronic equipment

provision of advertising services via the internet netw ork, in mobile applications and via other electronic resources, the provision of advertising space including banner ads on a w ebsite/w eb page/w eb portal

The Law expressly excludes from the list of ESS:

supply of services ordered via the internet but delivered off line (w ithout the use of the internet)

supply of copies of w orks in the f ield of science, literature and art on physical storage media

supply of consulting services via email

rendering of internet access services

2. CUSTOMER STATUS AND LOCATION

The Law presumes that a service is provided to a private individual, unless a cus-tomer agreement states that such a recipient of a digital service is a business.

ESS are deemed to be supplied at the customer's location. The Law provides a non-exhaustive list of customer location proxies:

“main” ones in case of supply through:

a fixed landline — the customer is presumed to be located in the country

w here their f ixed landline is located (location of the telecommunications pro-vider w hose services w ere used in the process of receiving digital services)

mobile netw orks — the customer is presumed to be located in the country

identif ied by the mobile country code of the SIM card used to receive the ser-vices

other means — the customer can be presumed to be located w here the de-

vice is situated or w here the access card is sent to for use there, including the IP address of the device used by the customer

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“additional” ones that should be applied simultaneously w ith the main ones:

the billing address of the customer

bank details, such as the location of the bank account used for paying for digital services

other commercially relevant information

3. REGISTRATION

The nonresident must register for VAT in Ukraine by 31 March of the reporting year if the overall sales of digital services exceed UAH 1 million (approximately USD 37,143) for the preceding calendar year.

The registration application may be filed online in English. No state-issued elec-tronic signatures would be required.

4. REPORTING AND PAYMENT

The VAT returns should be filed online on a quarterly basis, i.e., within 40 calen-dar days following the reporting quarter, in Ukrainian or English.

VAT liability should be (i) assessed with respect to the price of the digital services at 20% and (ii) payable (a) in euro or US dollars (b) within 30 calendar days fol-lowing the statutory deadline for submission of the VAT return and (c) to a bank account of the State Treasury Service of Ukraine.

The taxpayers are not required to open local bank accounts, for VAT liabilities may be discharged from their foreign bank accounts.

The taxpayers are not required to issue VAT invoices and/or to appoint a local fiscal representative.

5. TIMING

The ESS VAT regime is expected to apply from 1 January 2022.

Authors: Hennadiy Voytsitskyi and Roman Koren.

Legislation (laws, resolutions, orders, etc.)

The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi-dential 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 Parlia-mentary (Верховної Ради) website during the period of coverage of this Update:

Date Subject

01-06-21

Investigation into the import of ceramic tiles to Ukraine, regardless of country of

origin and export Commission Decision of 24.05.2021 № SP-494/2021 / 4411-

03

On Amendments to Section XXI "Final and Transitional Provisions" of the Cus-

toms Code of Ukraine to Continue Granting Ukrainian Airlines a Transitional

Period for the Use of Domestic Aircraft

The Verkhovna Rada of Ukraine ; Law of 01.06.2021 № 1492-IX

02-06-21

On Amendments to the Licensing Conditions for Business Activities for the Pro-

duction and Repair of Non-Military Firearms and Ammunition, Cold Weapons,

Pneumatic Weapons Over 4.5 Miles and Bullet Velocities Over 100 Meters per

Second, Trade in Non-Military Firearms and Ammunition to it, cold steel, air

guns of caliber over 4.5 millimeters and bullet speed of over 100 meters per

second; of production of special means charged w ith substances of lacrimation

and irritating action, individual protection, active defense and their sale

Resolution of the Cabinet of Ministers of Ukraine dated 02.06.2021 № 571

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Date Subject

03-06-21

On Amendments to the Tax Code of Ukraine on Repealing Taxation of Income

Received by Non-Residents in the Form of Payment for Production and/or Dis-

tribution of Advertising and Improvement of the Procedure for Value Added

Taxation of Supply of Electronic Services to Individuals by Non-Residents

11-06-21

On the delegation of Ukraine to participate in negotiations w ith the European

Union on the acceleration and expansion of the abolition of import duties in

trade under the Association Agreement betw een Ukraine, of the one part, and

the European Union, the European Atomic Energy Community and their Mem-

ber States, of the other part

Order of the President of Ukraine dated 11.06.2021 № 501/2021-rp

EURASIAN ECONOMIC UNION (EAEU)

Decisions and recommendations of the Eurasian Economic Com-mission

The following Eurasian Economic Commission (EEC) decisions and recommen-dations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only Решения, Распоряжение and Recommendations having a direct effect on international traders are listed.

Publication Date

Title

Council (Совет) of the Eurasian Economic Commission Решение

07-06-21

№ 50 (18-05-21) On the establishment of the rates of import customs duties of

the Unif ied Customs Tariff of the Eurasian Economic Union for knitted and cro-

cheted fabrics

№ 51 (18-05-21) On the conclusion on confirmation of the fulf illment by the

state - a member of the Eurasian Economic Union of the provisions of the

Agreement on the specif ics of carrying out operations w ith precious metals and

precious stones w ithin the framew ork of the Eurasian Economic Union dated

November 22, 2019

№ 52 (18-05-21) On amending the list of goods in respect of w hich the Repub-

lic of Kazakhstan, in accordance w ith the obligations assumed as a condition of

accession to the World Trade Organization, applies the rates of import customs

duties that are low er than the rates of the Unif ied Customs Tariff of the Eura-

sian Economic Union, and the amount of such duty rates for certain types of

light emitting diode (LED) lamps

No. 53 (18-05-21) On some issues of the implementation of the Agreement on

Trademarks, Service Marks and Appellations of Origin of Goods of the Eura-

sian Economic Union dated February 3, 2020

No. 54 (18-05-21) On amendments to some decisions of the Council of the Eur-

asian Economic Commission

No. 55 (18-05-21) On Amending Appendix No. 1 to the Rules for Determining

the Country of Origin of Certain Types of Goods for the Purposes of State (Mu-

nicipal) Purchases

No. 56 (18-05-21) On the establishment of the rates of import customs duties of

the Unif ied Customs Tariff of the Eurasian Economic Union in relation to silicon

08-06-21 No. 57 (23-04-21) On the plan for the development of technical regulations of

the Eurasian Economic Union and amendments to them

25-06-21

№ 58 (18-06-21) On the head of the w orking group for ensuring the functioning

of the single market for services w ithin the Eurasian Economic Union and the

head of the w orking groups for sectors (subsectors) of services, for w hich the

formation of a single market for services w ithin the Eurasian Economic Union

w ill be carried out in accordance w ith the liberalization plans (during the transi-tion period)

№ 60 (18-06-21) On amendments to the passport of the project "Eurasian net-

w ork of industrial cooperation, subcontracting and technology transfer"

Board (Коллегии) of the Eurasian Economic Commission Решения

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Publication Date

Title

01-06-21

№ 58 (25-05-21) On the Program for the development (amendment, revision) of

interstate standards, as a result of w hich, on a voluntary basis, compliance w ith

the requirements of the technical regulations of the Customs Union “On the

safety of devices operating on gaseous fuel” (TP CU 016/2011) and interstate

standards containing rules and methods of research (testing) and measure-

ments, including sampling rules necessary for the application and implementa-

tion of the requirements of the technical regulations of the Customs Union “On

the safety of devices operating on gaseous fuel” (TP TS 016/2011) and the im-

plementation of conformity assessment of technical objects regulation

№ 59 (25-05-21) On amendments to the Unif ied Commodity Nomenclature of

Foreign Economic Activity of the Eurasian Economic Union and the Unif ied

Customs Tariff of the Eurasian Economic Union, as w ell as to some decisions

of the Supreme Eurasian Economic Council and the Board of the Eurasian Eco-

nomic Commission in relation to certain goods used for the production of solar

panels

02-06-21

№ 60 (01-06-21) On amendments to the Decision of the Board of the Eurasian

Economic Commission dated December 5, 2017 No. 164

№ 61 (01-06-21) On the classif ication of a set-top box in accordance w ith the

unif ied Commodity nomenclature of foreign economic activity of the Eurasian

Economic Union

№ 62 (01-06-21) On amendments to the Decision of the Customs Union Com-mission dated September 20, 2010 No. 378

10-06-21

№ 63 (08-06-21) On the application of the customs procedure for customs

transit in relation to goods of the Eurasian Economic Union of commodity items

2402 and 2208 of the EAEU nomenclature of goods subject to foreign trade,

placed under the customs procedure for export

№ 64 (08-06-21) On amendments to the Program for the development (amend-

ment, revision) of interstate standards, as a result of w hich, on a voluntary ba-

sis, compliance w ith the requirements of the technical regulations of the Cus-

toms Union “On the safety of milk and dairy products” (TR CU 033/2013), as

w ell as interstate standards is ensured containing the rules and methods of re-

search (testing) and measurements, including the rules for sampling necessary

for the application and fulf illment of the requirements of the technical regula-

tions of the Customs Union “On the safety of milk and dairy products” (TR CU

033/2013) and the implementation of conformity assessment of objects of tech-

nical regulation

18-06-21

№ 65 (15-06-21) On technological documents regulating information interaction

during the implementation by means of the integrated information system of the

Eurasian Economic Union of the general process “Ensuring the exchange of

documents and (or) information betw een the Eurasian Economic Commission

and the authorized bodies of the member states of the Eurasian Economic Un-

ion in monitoring compliance w ith the general rules of competition in cross-bor-

der markets and competition (antimonopoly) legislation, as w ell as the introduc-

tion of state price regulation and challenging decisions of the member states of

the Eurasian Economic Union on its introduction “(regarding the exchange of

documents and (or) information w hen introducing state price regulation and

challenging decisions on its introduction)

№ 66 (15-06-21) On amendments to the Decision of the Board of the Eurasian

Economic Commission dated April 21, 2015 No. 30 and on the introduction of

temporary quantitative export restrictions on buckw heat

24-06-21

№ 67 (21-06-21) On the Program for the development (amendment, revision) of

interstate standards, as a result of w hich, on a voluntary basis, compliance w ith

the requirements of the technical regulation of the Customs Union "On food

safety" (TR CU 021/2011), and interstate standards containing rules and re-search methods is ensured (tests) and measurements, including the sampling

rules necessary for the application and fulf illment of the requirements of the

technical regulations of the Customs Union "On food safety" (TR CU 021/2011)

and the implementation of conformity assessment of objects of technical regu-

lation

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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 classification decisions under the common tariff adopted by the Commission. A separate web-site exists for preliminary decisions on the classification of goods adopted by the customs authorities of states - members of the Eurasian Economic Union. It was last updated 23 June 2021. The table lists the tariff codes, a description, rationale (GRIs) for the decision.

AFRICA (EXCEPT NORTH AFRICA)

SOUTH AFRICA

South African Customs and Excise Act Amendments of Rules and Tariff Schedules

Date Publication

Details Subject

Implemen-tation Date

11-06-21

GG. 44700

R. 503

Amendment to rules under sections 38 and 120 –

South African Customs Union (SACU) Unique

Consignment Reference (UCR) Number

(DAR214)

Notice R.503

11-06-21

11-06-21

GG. 44700

R. 502

Amendment of rules under sections 49 and 120 –

Interim administrative arrangement for SACUM-

UK EPA tariff rate quotas to be carried out by

SARS on a f irst-come first-served basis (DAR215)

Notice R.502

14-06-21

GG. 44705

R. 525

Amendment to rules under sections 21, 60, 119A and 120 – Insertion of Rule 21.05 relating to Spe-

cial Shops for Diplomats (DAR216)

Notice R.525

DA 185.4B4 – Licensing Client Type 4B4

– Special Shops for Diplomats

With effect

from 01-08-

21, except

for rule 21.05.12

and Form

DA 185.

4B4 w hich

comes into

effect on

the date of

publication

GG. 44705

R. 524

Amendment to Notices Numbers R.360, 361, 362, 363, 364, 365, 366, and 367 of Government Ga-

zette No. 44473, in order to change the effective

date to 1 August 2021 to the Schedules of the

Customs and Excise Act, 1964

Notice R.524 With effect from

01-08-21

GG. 44705

R. 523

Amendment to Notice No. R.368 of Government

Gazette No. 44473, in order to change the effec-

tive date to 1 August 2021, the substitution of

Notes 5 and 7 and header of rebate item 406,05

to the Schedules of the Customs and Excise Act, 1964

Notice R.523

16-06-21 GG. 44716

R. 531

Correction Notice to Government Gazette No.

44705 Notice No R. 525 (DAR216)

Notice R.531

16-01-21

18-06-21 GG. 44426

R. 542

Amendment to Part 1 of Schedule No. 3, by the

insertion of rebate item 310.01/2815.12/09.06 in

order to create a rebate provision for Sodium Hy-

droxide (Caustic Soda) in aqueous solution for the

18-06-21

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Date Publication

Details Subject

Implemen-tation Date

manufacture of semi-chemical f luting paper –

ITAC Report No. 617

Notice R.542

25-06-21

GG. 44759

R. 554

Amendment to Notes 5 and 8 to Chapter 98 in Part 1 of Schedule No. 1, in order to include refer-

ence of new rebate item 307.04, to implement

APDP Phase II – ITAC Minute M10/2020

Notice R. 554

With effect

from

01-07-21

GG. 44759

R. 552

Amendment to Part 1 of Schedule No. 3, by the

insertion of new Notes and item 317.04, to provide

for APDP Phase II – ITAC Minute 10/2020

Notice R. 552

GG. 44759

R. 553

Amendment to Part 2 of Schedule No. 4, in order

to include new rebate item 317.04 and to remove

the reference to “production rebate credit certif i-

cate (PRCC)” and insert production rebate certif i-

cate (PRC) as w ell as the insertion of various new

rebate items, to give effect to APDP Phase II –

ITAC Minute M10/2020

Notice R.553

GG. 44759

R. 551

Amendment to Part 3 of Schedule No. 5, in order

to amend Notes to item 537.00 to include new re-

bate item 317.04 and make provision for produc-

tion rebate certif icate (PRC) as w ell as insertion of

new refund items 537.04, to give effect to APDP

Phase II – ITAC Minute M10/2021

Notice R. 551

GG. 44759

R. 548

Amendment to Part 6 of Schedule No. 5, by the substitution of Note 4 ,in order to correct the refer-

ence to rebate to read as refund

Notice R.548

25-06-21

GG. 44759

R. 548

Amendment to Part 6 of Schedule No. 5, by the

substitution of Note 4 ,in order to correct the refer-

ence to rebate to read as refund

Notice R.548

GG. 44759

R. 549

Amendment to Part 5 of Schedule No. 5, by the

substitution of Note 5, in order to correct the refer-

ence to rebate to read as refund

Notice R.549

GG. 44759

R. 550

Amendment to Part 1 of Schedule No. 4, by the

substitution of Note 2 to Rebate Item 407.00, in

order to correct the reference to rebate item 407.01/00.00/01.02 to 407.01/00.00/02.00

Notice R.550

02-07-21 GG

R

Amendment to rules under sections 59A, 60 and

120 – Electronic submission of applications for

registration and licensing (DAR217)

Notice

DA 8 – Application for registration as a

person submitting reporting documents –

Sea Cargo

DA 185.4A3 – Registration Client Type

A43 – Rebate user

DA 185.4B9 – Licensing Client Type 4B9

– Storage w arehouse

DA 185.4B10 – Licensing Client Type

4B10 – Manufacturing Warehouse (Cus-

toms Controlled Area Enterprise)

With retro-

spective ef-

fect from

25 June

2021

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Date Publication

Details Subject

Implemen-tation Date

DA 185.4B14 – Licensing Client Type

4B14 – Degrouping depot

DA 185.4B16 – Licensing Client Type

4B16 – Container depot

This amendment will be gazetted on 2 July

2021

NEWSLETTERS, REPORTS, ARTICLES, ETC.

Baker & McKenzie Global VAT/GST Newsletter

Baker & McKenzie’s Global Indirect Tax 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 businesses. Con-tacts for the Global Indirect Tax Newsletter are:

Jochen Meyer-Burrow , Partner, jochen.meyer-burow @bakermckenzie.com

Martin Moraw ski, Associate, martin.moraw ski@bakermckenzie.com

Publications, Alerts, Newsletters

The following Baker McKenzie publications, client alerts, legal alerts, newsletters or postings released during the period of coverage of this Update may be of inter-est to you:

Subject

International Trade, Tax and Anti-corruption

Global International Trade Compliance Update – June 2021 {older issues}

Thailand Client Alert: Duty surcharge rate reduced from 1 June to 30 September 2021

Hong Kong: FSDC releases research paper on “Revitalisation of Hong Kong's REIT Mar-

ket“

EMEA Healthcare and Life Sciences New sletter May 2021

Kyiv Tax Legal Alert: Ukraine introduces VAT on digital services

Venezuela Client Alert: Venezuela: Decree established exemption from the payment of the

Value Added Tax, Customs Duties and Customs Service Tariff for Determination of the

Customs Regime for several goods

Venezuela: Value Added Tax, Custom Duties and Customs Service Tariff for Determination

of the Customs Regime for several goods and economic sectors

Thailand Competition Law Focus Series New sletter #4 (June 2021)- OTCC publishes the

f irst decision on anti-competitive agreements

WEBINARS, MEETINGS, SEMINARS, ETC.

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Join us for our 18th Annual Global Trade and Supply Chain Webinar Series entitled, “International Trade & Developments in a World Focused on Recovery & Renewal ,”

w hich includes the latest international trade developments including updates on Trade Wars,

Trade Agreement negotiations and key customs, export controls and sanctions developments.

In addition to our usual topics of Customs and export controls/sanctions, w e have also covered

Foreign investment review regimes around the w orld. This year ’s remaining w ebinars w ill

cover export controls and sanctions, an overview of customs and imports developments in the

Latin America, EU, Middle East and Russia, and managing emerging compliance risks.

Recordings w ill be available approximately tw o w eeks after the presentation. When a

recording is available, it w ill appear on our w ebsite here:

https://w ww.bakermckenzie.com/en/insight/publications/resources/2021-global-trade-supply-chain-w ebinar-series

This year, w e expanded our program of basic customs w ebinars to cover the areas of export

controls and sanctions. The Basic program is primarily aimed at participants w ho are new to Global Trade and/or those w ho w ould like a refresher.

Wednesday,

January 27

Supply Chain: Env ironmental and Human Rights Due

Diligence

Speakers: Aleesha Fowler (New York), Ulrich Ellinghaus (Frankfurt), Graham Stuart (London), and Francesca

Richmond (London)

Moderator: Kerry Contini (Washington, DC)

Tuesday,

February 23

Trade Focus on China Speakers: Jon Cowley (Hong Kong), Eunkyung Kim Shin (Chicago), and Jessica Mutton (London)

Moderator: Lise Test (Washington, DC)

Tuesday,

March 23

Trade Dev elopments Under the New Biden

Administration and Brexit Speakers: Sylwia Lis (Washington, DC), Lise Test/Inessa Owens (Washington, DC), Eunkyung Kim Shin (Chicago),

and Christine Streatfeild (Washington, DC)

Moderator: Jenny Revis (London)

Tuesday,

April 27

Future of the WTO, Trade Remedies and Trade Wars

Speakers: Kevin O’Brien (Washington, DC), Pablo Bentes

(Geneva), and Andrew Rose/Sven Bates (London)

Moderator: Christine Streatfeild (Washington, DC)

Tuesday,

May 25

Hot Topics on Sanctions (Focus on US, Canada, UK,

EU and Middle East) Speakers: Brian Cacic (Toronto),Olof Konig (Stockholm), Callie Lefevre (Washington, DC), and Samir Safar-Aly

(Dubai)

Moderator: Sunny Mann (London)

Tuesday,

June 29

Foreign Inv estment Rev iew Trends (Focus on US, UK,

Germany and Spain) Speakers: Sylwia Lis (Washington, DC),Tristan Grimmer / Ross Evans (London), Anahita Thoms (Dusseldorf), and

Valeria Enrich (Barcelona)

Moderator: Rod Hunter (Washington, DC)

Register Now

Tuesday, July 27

Hot Topics for Customs Audits (Focus on US, Canada, Mexico, EU, UK, Russia and Asia-Pacific)

Speakers: Nicole Looks (Amsterdam)/Alexandra Alberti

Register Now

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(London), Mariana Rojas-Islas (Mexico City),Paul Burns (Toronto), Ivy Tan (Kuala Lumpur), and Vladimir Efremov

(Moscow)

Moderator: John McKenzie (San Francisco)

August Vacation Break

Tuesday,

September 28

Hot Topics on Export Controls (Focus on US, China,

EU, UK and Russia)

Speakers: Ben Smith (London), Derk Christiaans (Amster-dam), Weng Keong Kok (Hong Kong), and Alexander By-

chkov (Moscow)

Moderator: Megan Hamilton (Chicago)

Register Now

Tuesday,

October 26

Global FTAs dev elopments (Focus on Africa, EU, UK,

and Latin America)

Speakers: Virusha Subban (Johannesburg), Kevin Nordin (London), Alessandra S. Machado (Sao Paulo), Kelvin

Hong (Kuala Lumpur), and Hania Negm (Cairo)

Moderator: Adriana Ibarra-Fernandez (Mexico City)

Register Now

November (Dates

TBD)

Year-End Rev iew of

Import/Export Dev elopments

Webinar Start Time: *see timeanddate.com for time in your location. 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

Duration: 90 Minutes

Login Details: Log-in details will be sent via email one week before the event.

Co-Chairs: Adriana Ibarra-Fernandez, Partner, Mexico City, T +52 55 5279 2947 Email

Sylwia Lis, Partner, Washington, DC, T + 202 835 6147 Email

Jennifer F. Rev is, Partner, London, T +44 20 7919 1381 Email

Questions: Sal Gonzalez, Business Development Specialist, T +1 202 835 1661 Email

These webinars are all complimentary and you can sign-up for as many as you would like. MCLE Credit:

Pending for 1.5 general California CLE credits, 1.5 general Il linois CLE credits, 1.5 areas of professional practice New York CLE credits, and 1.5 general Texas CLE credits. Participants requesting CLE for other

states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Il linois CLE ap-proved 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 12/12/18-12/11/21. This program is appropriate for both experienced

and newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.

A uniform certificate for 1.5 CPE credits will be provided to participants for CPE credit applications.

**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is antici-

pated, but not guaranteed.

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These webinars are pending for 1.5 CCS, CES and MES credit by the National

Customs Brokers & Forwarders Association of America, Inc.

Asia Pacific International Commercial and Trade Webinar Series December 2020 – January 2021 | 11:00 am – 12:00 pm (GMT+8)

We are pleased to present the Asia Pacific Trade Webinar Series which focused on the Nuts and Bolts of Trade Compliance and delivered practical guidance and on-the-ground insights from our teams in Asia Pacific.

This program featured overarching customs developments and highlights on spe-cially regulated goods. Key themes included:

Significant changes to customs clearance requirements

Customs enforcement and audit priorities

Changes in import and export controls/prohibitions and specific permitting or licensing requirements

Other jurisdictional specific updates, such as:

o COVID regulation special measures

o Government trade incentive programs

o FTA developments, including the RCEP Agreement

o Trade war tensions

o Sanctions developments

o New regulatory regimes impacting supply chains

o Regulatory reforms in development

If you have any questions relating to the webinars, please contact Sharon How or Amanda Murillo. Recordings are available as follows (original dates are shown as well).

December 2020 Sessions

Jurisdictional Updates Original Date

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Singapore Thursday, 3 December Singapore recording Vietnam Tuesday, 8 December Vietnam recording Malaysia Thursday, 10 December Malaysia recording Thailand Tuesday, 15 December Indonesia Thursday, 17 December

January 2021 Sessions

Jurisdictional Updates Original Date

Australia Tuesday, 19 January Philippines Thursday, 21 January China/Hong Kong Tuesday, 26 January Japan Thursday, 28 January

Asia Pacific Key Contacts

Australia: Anne Petterd (Partner) China/Hong Kong Jon Cowley (Registered Foreign Lawyer) Indonesia Riza Buditomo (Partner) Japan Junko Suetomi (Partner) Malaysia Adeline Wong (Partner) Philippines Ronald Bernas (Partner) Singapore Ken Chia (Principal) Taiwan Chris Tsai (Partner) Thailand Panya Sittisakonsin (Partner) Vietnam Thanh Vinh Nguyen (Partner)

The Ever-Changing International Trade Landscape

Our Virtual Global Trade Conference was held on July 14-16, 2020. Below you will find links to the recordings and materials from the conference. Please let us know if you have any additional feedback on the sessions. Thank you for joining us virtually this year! Day One - July 14, 2020

Current Trade and Investment Landscape

o Click here to view the recording

o Presentation Slides

USMCA and Future US/UK Trade

o Click here to view the recording

o Presentation Slides

Import Developments

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o Click here to view the recording

o Presentation Slides

Day Two - July 15, 2020

Export Control Developments

o Click here to view the recording

o Presentation Slides

Economic Sanctions Developments

o Click here to view the recording

o Presentation Slides

Export Sanctions Enforcement

o Click here to view the recording

o Presentation Slides

Day 3 - July 16, 2020

The View from China and Hong Kong

o Click here to view the recording

o Presentation Slides

Rebuilding Supply Chains

o Click here to view the recording

o Presentation Slides

Supplemental Links

Speakers Bios

Welcome to our first Virtual Year-End Review of Import/Export Developments Conference, a virtual offering for all our clients and friends worldwide. Baker McKenzie’s international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine one-hour sessions which took place from 17 to 19 November 2020. Below you will find the topics discussed in each of the sessions. To see the recordings, please click here.

Day One - November 17, 2020

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Introduction and Overview

Topics discussed:

Current Worldw ide Trade & Investment Environment

New Administration’s Trade Policy Objectives and Prospects

Foreign Investment Regulatory Developments

Speakers: John McKenzie, Mattias Hedw all, Rod Hunter, Anahita Thoms, Junko Suetomi, Ben Smith

Export Control Developments

Topics discussed:

The Military End-User Licensing Requirements for China, Russia and Venezuela

The New “Foreign Direct Product” Rule

Entity List Restrictions

Change in the Status of Hong Kong for Export Control Purposes

Update on the Emerging and Foundational Technologies Export Control Initiative

European Union Export Control Developments

The Export Control Implications of Brexit

Speakers: Nick Cow ard, Alison Stafford Pow ell, Paul Amberg, Ben Smith

Focus on China

Topics discussed:

The Chinese National Security Law and Hong Kong

The New Chinese Export Control Regulations and Update on the China Technology Transfer Catalogue

The Regulations Implementing China’s “Unreliable Entity List”

Executive Order 13943: Securing the Information and Communications Technology and Services Supply Chain

Section 889 of the NDAA for 2019: U.S. Government restrictions on procurement of

“covered telecommunications equipment and services ” from specif ied Chinese suppliers

Human Rights Abuses involving Minority Population of Xinjiang Province

Status Report and Prospects of the “Phase One Trade Agreement”

Day Two - November 18, 2020

Economic Sanctions Developments

Topics discussed:

Hong Kong Autonomy Act

Iran Sanctions

Update on Venezuelan Sanctions

Update on Russian Sanctions

Emerging Sanctions Issues: Cybersecurity, Human Rights, Election Interference

OFAC Developments

Status Report on Pending Litigation under the Helms-Burton Act involving

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investments in Cuba

Speakers: Alison Stafford Pow ell, Janet Kim, Alex Lamy, Ben Smith, Vladimir Efremov

Export Control and Economic Sanctions Enforcement Developments

Topics discussed:

Department of Justice Voluntary Disclosure Guidelines

Recent Export Control and Economic Sanctions Enforcement Actions

EU Economic Sanctions Enforcement Actions

Handling an Export Control or Economic Sanctions Enforcement Investigation

The Role of Banks in Economic Sanctions Enforcement

Speakers: Alison Stafford Pow ell, Jessica Nall, Terry Gilroy, Tristan Grimmer

Trade Agreements Developments

Topics discussed:

USMCA

Brexit

Prospects for a United States-United Kingdom Free Trade Agreement

Transpacif ic Partnership (w ithout the United States)

Speakers: John McKenzie, Adriana Ibarra, Stuart Seidel, Paul Burns, Jenny Revis

Day Three - November 19, 2020

Import and Customs Developments: United States

Topics discussed:

Overview of United States Customs Developments

Update on Section 301 Duties on Products of China

The Digital Services Tax Dispute

Transfer Pricing and Customs Valuation

Speakers: John McKenzie, Stuart Seidel, Christine Streatfeild, Juliana Marques

Import and Customs Developments: International

Topics discussed:

European Customs Developments

Import Developments in North America

Compliance Challenges in Importing into Brazil

Asia/Pacif ic Customs Developments

Speakers: John McKenzie, Jenny Revis, Brian Cacic, Jose Hoyos, Alessandra Machado, Ivy Tan, Junko Suetomi

Rebuilding International Supply Chains

Topics discussed:

Continued Pressure to Reduce Dependency on China

Forced Labor and Modern Slavery and Traff icking Legislation

Screening Parties against the OFAC SDN List

Compliance Challenges and Due Diligence of Suppliers and Customers under the FCPA

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Supply Chains Reimagined and the “Extended Enterprise”

Speakers: Alison Stafford Pow ell, Anne Petterd, Aleesha Fow ler, Kerry Contini, Helena Engfeldt

Our 17th Annual Global Trade and Supply Chain Webinar Series entitled, “International Trade: Basics and Trends” included the latest international trade developments and updates on Trade Wars, Brexit, Trade Agreement negotiations and key Customs, Export Controls and Sanctions developments. In addition to our usual topics of Customs and Export Controls/Sanctions, we also covered Foreign Investment Review regimes around the world.

Our program of basic webinars covered the areas of Customs, Export Controls and Sanctions. These webinars (dates highlighted in blue) are primarily aimed at participants who are new to Global Trade and/or those who would like a refresher.

All webinars are scheduled to run for approximately 90 minutes.

All webinars are complimentary and you can sign-up for as many as you would like.

DatDate Topic and Speakers

Tuesday,

January 28

US, Brazil, EU China Trade Policy and FTA Update plus Brexit

Speakers: Stu Seidel (Washington, DC), Marcelle Silbiger (Sao Paulo), Jon Cowley (Hong Kong), Jenny Revis (London), Pablo Bentes (Geneva) and Meera Rolaz

(London)

Tuesday,

February 25

Basic: How to Classify Your Products (Customs)

Speakers: Jose Hoyos-Robles (Mexico City), John Foote (Washington, DC), Olof

Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta)

Tuesday,

March 31

Foreign Inv estment Rev iew Regimes Around the World: Focus on US, UK, Germany, Italy, and Canada

Speakers: Sylwia Lis (DC), Ross Evans (London), Anahita Thoms (Dusseldorf), Antonio

Lattanzio (Rome), Yana Ermak (Toronto) Moderator: Rod Hunter (DC)

Tuesday,

April 28

Basic: Key Compliance Issues under US, EU, and China Export Controls

Speakers: Lise Test (Washington, DC), Ben Smith (London), Jenny Pan (Shanghai)

and Akash Sikka (London)

Tuesday,

May 19

Restricted Parties Screening: Compliance Issues and Best Practices under US,

EU, and Canadian Trade Sanctions and Export Controls

Speakers: Meghan Hamilton (Chicago), Ross Denton (London), Quentin Vander

Schueren (Toronto)

Thursday,

June 4

USMCA: How to Claim Preferential Tariff Treatment (Part 1) Speakers: Paul Burns

(Toronto), Adriana Ibarra (Mexico City), John Foote (Washington

Thursday,

June 11

USMCA: How to Claim Preferential Tariff Treatment (Part 2) Speakers: Eunkyung Kim Shin (Chicago), Jose Hoyos-Robles (Mexico City), Quentin Vander Schueren (Toronto)

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Thursday,

June 18

USMCA: Labor Rules and Trade Remedies (Part 3) Speakers: John Foote (Washington), Lil iana Hernandez-Salgado (Mexico City), Salvador Pasquel -Villegas

(Mexico City), Kevin Coon (Toronto)

Tuesday,

June 23

Basic: How to v alue your products (Customs) Speakers: Kevin Nordin (London); Jaap Huenges Wajer (Amsterdam); John McKenzie (San Francisco); Ivy Tan (Kuala Lumpur)

Tuesday,

July 28

What you need to know about importing into Africa, China, Russia and the Middle East (Customs) Speakers: Virusha Subban (Johannesburg), Tina Li (Shanghai), Vladimir Efremov (Moscow), and Laya Aoun Hani (Dubai)

Tuesday,

August 25

Basic: Key Compliance Issues under US, EU, and Canada trade Sanctions Speakers: Callie LeFevre (Washington, DC), Sven Bates (London), Quentin Vander

Schueren (Toronto)

Tuesday,

September 29

Customs Audits and Latest Customs Dev elopments

Speakers: Andrea Dieguez (Mexico City) Nicole Looks (Frankfurt), Kelvin Hong (Kuala Lumpur), John Foote (Washington, DC)

Tuesday,

October 27

Basic: How to determine the origin of your products (Customs) Speakers: Jessica Mutton (London), Mariana Rojas (Mexico City), Eukyung Kim Shin

(Chicago), Weng Keong Kok (Hong Kong)

Tuesday,

November 24

Hot Topics in US, EU, Russian Trade Sanctions and Export Controls Speakers: Inessa Owens (Washington, DC), Derk Christiaans (Amsterdam), Julian

Godfray (London), Alexander Bychkov (Moscow)

Tuesday,

December 15

What you need to know about importing into Mexico, Brazil and Argentina

(Customs) Speakers: Veronica Rejon (Guadalajara), Alessandra Machado (Sao Paulo), and

Esteban Ropolo (Buenos Aires

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WTO COVID-19 Trade and Trade-Related Measures

The WTO has created a dedicated page on the WTO website to provide up-to-the minute trade-related information including relevant notifications by WTO members, the impact the virus has had on exports and imports and how WTO activities have been affected by the pandemic. The following list contains notifica-tions posted by the WTO during the period covered by this Update. For earlier notifications see the WTO webpage.

Type abbreviations: TFA=Trade Facilitation Agreement, SPS=sanitary and Phy-tosanitary Measures, QR= Quantitative Restrictions, TBT= Technical Barriers to Trade, MA=Market Access, ER=Agriculture Transparency (dd/mm/yyyy)

Date Member Measure

28-05-21 European Union

Request to suspend the process and entry into force of reductions of maximum residue limits

for plant protection products due to the COVID-19 pandemic – G/SPS/GEN/1778/Rev.5,

G/TBT/GEN/296/Rev.5 (G/SPS/GEN/1814/Rev.2 ; G/TBT/GEN/315)

03-06-21 United Kingdom

Follow ing consultation, the United Kingdom Government has now developed a draft of the regulation for Mandatory Validation of Covid-19 In vitro Diagnostic antigen and Molecular

tests. This text w ill amend the Medical Device Regulations 2002, using pow ers provided in

the Medicines and medical Devices Act 2021. The legal text is available on request.

(G/TBT/N/GBR/39/Add.1). (G/TBT/N/GBR/39/Add.1)

04-06-21 Philippines

Considering the COVID-19 pandemic and consistent w ith the spirit and continuing policy of

the government manifested in the pertinent objectives and the declared COVID-19 response

and recovery interventions provided under Republic Act No. 11494 or the “Bayanihan to Re-

cover As One Act”, this Circular is being issued to provide the interim guidelines on the re-

new al of cGMP clearance of foreign drug manufacturers.

(G/TBT/N/PHL/253). (G/TBT/N/PHL/253)

08-06-21 Brazil

Description of the measure: ANVISA Resolution number 483, 19 March 2021- previously no-

tif ied through  G/TBT/N/BRA/1154 - w hich establishes exceptional and temporary technical

requirements for the import of new medical devices and medicines identif ied as indispensa-

ble for the use in healthcare services due to the international public health emergency related

to the SARS-CoV-2, w as amended by Resolution – RDC number 516, 2 June 2021. 

(G/TBT/N/BRA/1154/Add.3) (G/TBT/N/BRA/1154/Add.3)

16-06-21 United Arab Emir-

ates

Measures taken by the United Arab Emirates regarding movement of pet animals in re-

sponse to the corona pandemic. (G/SPS/GEN/1918)

24-06-21 Chinese Taipei

Extension of the Implementation Period of the Temporary Alternative Arrangements of the

Presentation of Original Veterinary and Phytosanitary Certif icates in the Condition of COVID-

19 Pandemic. (G/SPS/N/TPKM/526/Add.4)

25-06-21 Australia

Description of the measure: Extended: temporary changes to import certif icate requirements

for a range of imported plant-based, animal, biological and animal-based

goods. (G/SPS/N/AUS/501/Add.2)

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 “notifi-cations” to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining cop-ies of any of these notifications, please register and log onto the Notify U.S. web-site. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm-dd-yyyy; National flags are not scaled for relative comparison.

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Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Argentina ARG/246/Add.3 05/20/2021 Not given

by country Incandescent lamps

Argentina ARG/294/Add.8 05/20/2021 Not given by country

All products subject to certif ication regimes

Argentina ARG/338/Add.3 05/20/2021 Not given by country

Other footw ear w ith outer soles and uppers of rub-

ber or plastics (HS 6402), Footw ear w ith outer soles

of rubber, plastics, leather or composition leather

and uppers of leather (HS 6403), Footw ear w ith outer soles of rubber, plastics, leather or composi-

tion leather and uppers of textile materials (HS

6404), Other footw ear (HS 6405) - Other footw ear:

(HS 64019)

Argentina ARG/342/Add.7 05/20/2021 Not given by country

Furniture in general; Other furniture and parts thereof (HS 9403)

Argentina ARG/368/Add.2 05/20/2021 Not given

by country Alternating-current electricity meters

Bahrain, Kingdom of BHR/600 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Bahrain, Kingdom of BHR/601 06/04/2021 08/03/2021 Cheese (Edam cheese)

Bahrain, Kingdom of BHR/602 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Bahrain, Kingdom of BHR/603 06/04/2021 08/03/2021 Cheese (Brie cheese)

Bahrain, Kingdom of BHR/604 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Bahrain, Kingdom of BHR/605 06/07/2021 08/06/2021 Cheese

Bahrain, Kingdom of BHR/606 06/07/2021 08/06/2021 Cheese

Brazil BRA/944/Add.1 05/31/2021 Not given

by country HS Code(s): 2106, 3923 (packing material)

Brazil BRA/997/Add.1 05/31/2021 Not given

by country

Medicines, medical devices, personal hygiene prod-

ucts, cosmetics, perfumes, sanitizers, active phar-

maceutical ingredients, and food HS Code(s): 2106,

29, 2936, 2937, 2941, 3303, 3304, 3305, 3306,

3307, 340111, 340130, 3402, 340119, 340120,

330290, 9616, 9619

Brazil BRA/1189 05/31/2021 Not given

by country

Regulatory Agenda of the The Brazilian Health

Regulatory Agency (ANVISA)

Brazil BRA/1166/Add.1 06/03/2021 Not given

by country

HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004,

3006 (medical devices)

Brazil BRA/1190 06/03/2021 Not given

by country

HS 85243111 Cryptographic library softw are and

cryptographic service providers softw are at ICP-

Brazil

Brazil BRA/1191 06/03/2021 Not given by country

HS 85243111 Cryptographic equipment not con-templated in manuals of specif ic technical conducts

Brazil BRA/325/Add.2 06/08/2021 Not given

by country Almond of the cashew chestnut

Brazil BRA/1104/Add.2 06/08/2021 Not given

by country

Telephone sets, incl. telephones for cellular net-

w orks or for other w ireless netw orks; other appa-

ratus for the transmission or reception of voice, im-

ages or other data, incl. apparatus for communica-

tion in a w ired or w ireless netw ork [such as a local

or w ide area netw ork]; parts thereof (excl. than

transmission or reception apparatus of heading 8443, 8525, 8527 or 8528) (HS 8517); Radiocom-

munications

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Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Brazil BRA/1154/Add.3 06/08/2021 Not given

by country

Provitamins and vitamins, natural or reproduced by

synthesis, incl. natural concentrates, derivatives

thereof used primarily as vitamins, and intermix-

tures of the foregoing, w hether or not in any solvent

(HS 2936); Hormones, prostaglandins, thrombox-

anes and leukotrienes, natural or reproduced by

synthesis; derivatives and structural analogues

thereof “incl. chain modif ied polypeptides”, used pri-

marily as hormones (HS 2937); Antibiotics (HS

2941); PHARMACEUTICAL PRODUCTS (HS 30)

Brazil BRA/608/Add.2 06/09/2021 Not given

by country

Labelling of personal hygiene products, cosmetics

and perfumes

Brazil BRA/871/Add.2 06/09/2021 Not given

by country Pharmaceutical ingredients HS Codes: 2941; 30

Brazil BRA/1168/Add.1 06/09/2021 Not given

by country

HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004,

3006 (medical devices)

Brazil BRA/1192 06/09/2021 07/23/2021

Instruments and appliances used in medical, surgi-

cal, dental or veterinary sciences, incl. scintigraphic apparatus, other electro-medical apparatus and

sight-testing instruments, n.e.s (HS 9018)

Brazil BRA/1193 06/09/2021 07/08/2021

Medicaments consisting of tw o or more constituents

mixed together for therapeutic or prophylactic uses,

not in measured doses or put up for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3003);

Medicaments consisting of mixed or unmixed prod-

ucts for therapeutic or prophylactic uses, put up in

measured doses “incl. those for transdermal admin-

istration” or in forms or packings for retail sale (excl.

goods of heading 3002, 3005 or 3006) (HS 3004)

Brazil BRA/911/Add.3 06/11/2021 Not given

by country

HS CODE: 98041000 (products of advanced thera-

pies)

Brazil BRA/542/Add.3 06/15/2021 Not given

by country

Child restraint devices; Baby carriages and parts

thereof (HS 8715)

Brazil BRA/1194 06/15/2021 Not given

by country

Flexible tubes, pipes and hoses, of plastics, rein-

forced or otherw ise combined w ith other materials

(excl. those w ith a burst pressure of >= 27,6 MPa)

(HS 391739)

Brazil BRA/1195 06/15/2021 Not given

by country

Pharmaceutical preparations and products of sub-

headings 3006.10.10 to 3006.60.90 (HS 3006)

Brazil BRA/605/Add.5 06/16/2021 Not given

by country Equipment under a health surveillance

Brazil BRA/793/Add.1 06/16/2021 Not given

by country

Net content of frozen f ish f illet, toothpaste, bar w ash

soap and solid bleach - HS 0304 Fish f illets frozen

(w hether or not minced); 3306 Preparations for oral

or dental hygiene toothpaste 340211 Soap bars;

2828 Hypochlorites; commercial calcium hypo-

chlorite; chlorites; hypobromites.

Brazil BRA/829/Add.3 06/16/2021 Not given

by country

Fish, molluscs, crustaceans (HS 0304, HS 0307,

HS 0306)

Brazil BRA/893/Add.2 06/16/2021 Not given

by country Industrial trans fats in foods HS 2106

Brazil BRA/373/Rev.1/Add.4/Corr.2

06/18/2021 Not given by country

Mattress and mats made of f lexible polyurethane foam (HS 9404)

Brazil BRA/840/Add.3/

Corr.1 06/18/2021

Not given

by country Sardines/pre packed (HS 160413)

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

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Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Brazil BRA/1196 06/18/2021 Not given

by country Pre-packaged products

Brazil BRA/53/Add.3 06/22/2021 Not given by country

Pre-packaged goods

Brazil BRA/1051/Add.2 06/22/2021 Not given

by country

Netw orks operating in TDD (Time Division Duplex)

systems

Brazil BRA/1171/Add.1 06/22/2021 Not given

by country HS Code(s): 38089910 (pesticides)

Burundi BDI/119 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)

Burundi BDI/120 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy zinc phos-phate w eldable primer)

Burundi BDI/121 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)

Burundi BDI/122 06/08/2021 08/07/2021 Paints and varnishes (Black bituminous paints for

cold application)

Burundi BDI/123 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Burundi BDI/124 06/14/2021 08/13/2021 Processed cultivated edible mushrooms - Specif ica-

tion

Burundi BDI/125 06/14/2021 08/13/2021 Canned vegetables - Specif ication

Burundi BDI/126 06/14/2021 08/13/2021 Pumpkin pulp f lour - Specif ication

Burundi BDI/127 06/14/2021 08/13/2021 Canned fruit cocktail

Burundi BDI/128 06/14/2021 08/13/2021 Tomato products - Specif ication - Part 4: Tomato

concentrates (paste and puree)

Burundi BDI/129 06/14/2021 08/13/2021 Office paper (Diaries)

Burundi BDI/130 06/14/2021 08/13/2021 Other paper products (Paper sacks for packaging of

cement)

Burundi BDI/131 06/14/2021 08/13/2021 Office paper (Exercise books and related items)

Burundi BDI/132 06/14/2021 08/13/2021 Paper products in general (Thermal-sensitive paper

roll for printers)

Burundi BDI/133 06/14/2021 08/13/2021 Paper products in general (New sprint)

Canada CAN/598/Add.1 06/07/2021 Not given

by country

Prescription status of medicinal ingredients for hu-

man use HS 3004.90

Canada CAN/643 06/09/2021 08/16/2021 Radiocommunications

Canada CAN/644 06/17/2021 08/26/2021 Drug Products - Pharmaceutics

Canada CAN/645 06/17/2021 09/09/2021

Livestock feeds imported under HS 2309 (prepara-

tions of a kind used in animal feeding) and livestock

feeds and feed ingredients may be found in the fol-

low ing chapters 4, 5, 7, 9, 10, 11, 12, 13, 14, 15,

17, 18, 19, 20, 21, 23, 25, 26, 28, 29, 30, 31, 32,

35, 38, 39, 40, 44, 47.; Preparations of a kind used

in animal feeding (HS 2309)

Canada CAN/646 06/25/2021 09/02/2021 Vaping Products including e-cigarettes, e-liquids

Chile CHL/552 05/18/2021 07/17/2021 Steel - Hot rolled bars and rods for the reinforce-

ment of concrete

Chile CHL/357/Rev.1 06/08/2021 Not given

by country Saw n w ood

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

80

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Chile CHL/527/Add.1 05/20/2021 Not given

by country Safety belts and safety-belt anchorages

Chile CHL/553 06/07/2021 08/06/2021 Floodlight luminaires (area f loodlights) for public lighting

Chile CHL/554 06/07/2021 08/06/2021 Automatic change-over devices to be connected to

w elded portable cylinders w eighing 45 kg

Chile CHL/555 06/07/2021 08/06/2021 Vacuum cleaners and w ater-suction cleaning appli-

ances

Chile CHL/556 06/07/2021 08/06/2021

Regulators w ith pressure gauge (manometer), to be

connected to w elded portable cylinders for butane,

propane, and their mixtures

Chile CHL/557 06/07/2021 08/06/2021 Polyethylene union valves for gaseous fuel distribu-

tion netw orks (metric series)

Chile CHL/558 06/07/2021 08/06/2021 Electrical heat pumps

Denmark DNK/116 06/18/2021 08/17/2021

Passenger ships engaged on domestic voyages

w ith a length of less than 24 meters and other pas-

senger ships engaged on domestic voyages not

covered by Directive 2009/45/ EC of the European

Parliament and of the Council of 6 May 2009 on

safety rules and standards for passenger ships, as amended, as e.g. ships built of materials other than

steel or equivalent.

Dominica DMA/19 06/14/2021 08/13/2021

Tractors (other than tractors of heading No. 8709)

(HS 8701); Tanks and other armoured f ighting vehi-

cles, motorised, w hether or not f itted w ith w eapons, and parts of such vehicles (HS 8710)

Dominica DMA/20 06/14/2021 08/13/2021

Edible vegetables and certain roots and tubers (HS

07); Edible fruit and nuts; peel of citrus fruit or mel-

ons (HS 08)

Dominica DMA/21 06/15/2021 08/13/2021 Seeds, fruit and spores, of a kind used for sow ing

(HS 1209)

Dominica DMA/22 06/15/2021 08/13/2021

Edible vegetables and certain roots and tubers (HS

07); Edible fruit and nuts; peel of citrus fruit or mel-

ons (HS 08)

Dominica DMA/23 06/15/2021 08/13/2021

Bulbs, tubers, tuberous roots, corms, crow ns and

rhizomes, in grow th or in f low er; chicory plants and

roots (HS 060120)

Dominica DMA/24 06/15/2021 08/13/2021 Products of animal origin, not elsew here specif ied

or included (HS 05)

Dominica DMA/25 06/15/2021 08/13/2021 Other (HS 070190)

Dominica DMA/26 06/15/2021 08/13/2021 Live trees and other plants; bulbs, roots and the

like; cut f low ers and ornamental foliage (HS 06)

Dominica DMA/27 06/15/2021 08/13/2021 Products of animal origin, not elsew here specif ied

or included (HS 05)

Dominica DMA/28 06/15/2021 08/13/2021 Seeds, fruit and spores, of a kind used for sow ing

(HS 1209)

Egypt EGY/69/Add.1 06/07/2021 Not given

by country Hygiene products

Egypt EGY/201/Add.1 06/07/2021 Not given

by country Water heating equipment

Egypt EGY/204/Add.2 06/07/2021 Not given

by country Diapers for children and adult

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

81

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Egypt EGY/293 06/07/2021 08/06/2021 Packaging and distribution of goods in general

Egypt EGY/294 06/07/2021 08/06/2021 Products of the chemical industry

El Salvador SLV/92/Add.1 05/26/2021 Not given

by country Cosmetic products

European Union EU/803 06/01/2021 07/31/2021

Chemical substance Resorcinol; Resorcinol and its

salts (HS 290721); Phenols, Products of the chemi-

cal industry

European Union EU/804 06/16/2021 08/15/2021 Organic products

European Union EU/805 06/16/2021 08/15/2021 Organic products

European Union EU/806 06/18/2021 08/17/2021 Chemical substances; Products of the chemical in-

dustry

European Union EU/807 06/24/2021 08/23/2021 Substances

Guatemala GTM/46/Add.1 05/26/2021 Not given

by country Cosmetic products

Indonesia IDN/110/Add.1 06/07/2021 Not given

by country Food

Indonesia IDN/112/Add.2 06/07/2021 Not given

by country Food Additives, Flavoring

Israel ISR/1119/Add.1 05/31/2021 Not given

by country

Pressure vessels; (HS: 2705, 2801, 2804, 7311,

8403, 841440, 841451, 841480, 845140)

Israel ISR/1166/Add.1 05/31/2021 Not given

by country

Wheeled child conveyances; Baby strollers; Baby

carriages; (HS 8715)

Israel ISR/1027/Rev.1/

Add.1 06/21/2021

Not given

by country Beer (HS 2203)

Israel ISR/1112/Rev.1 06/21/2021 Not given

by country

Release of lead and cadmium from glass hollow -

w are; (HS: 7013)

Israel ISR/1207 06/22/2021 08/21/2021 Edible sw eet fat-based spreads other than peanut

butter

Israel ISR/1208 06/22/2021 08/21/2021 Luminaires; (HS: 9405)

Israel ISR/1209 06/22/2021 08/21/2021 Alcoholic beverages; (HS: 2208)

Israel ISR/1210 06/22/2021 08/21/2021 Release of lead and cadmium from ceramic and

glass tablew are; (HS: 6911, 6912, 701310)

Israel ISR/1211 06/22/2021 08/21/2021 Release of lead and cadmium from ceramic and

glass tablew are; (HS: 6911, 6912, 701310)

Israel ISR/1212 06/22/2021 08/21/2021 Children's jew ellery; (HS: 7116, 7117, 9101, 9102,

9503, 9601, 9615);

Jamaica JAM/98 06/21/2021 08/20/2021 Toys and playthings

Jamaica JAM/99 06/21/2021 08/20/2021 Toys

Jamaica JAM/100 06/21/2021 08/20/2021 Toys

Jamaica JAM/101 06/21/2021 08/20/2021 Toys

Jamaica JAM/102 06/21/2021 08/20/2021 Toys

Japan JPN/691/Add.1 06/01/2021 Not given

by country Electric w ater heaters; (HS: 851610)

Japan JPN/677/Add.1 06/09/2021 Not given

by country Pharmaceutical Products (HS:30)

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

82

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Japan JPN/676/Add.1 06/16/2021 Not given

by country Pharmaceutical Products (HS: 30)

Japan JPN/701 06/18/2021 Not given by country

Substances w ith probable effects on the central nervous system

Japan JPN/702 06/25/2021 08/24/2021

Among multi-air conditioners for buildings (separate

type w ith a structure in w hich tw o or more indoor

units are connected to one outdoor unit, and the air

temperature or humidity can be adjusted for each indoor unit), other than the follow ing: 1) Shipped on

the premise of using the existing refrigerant piping;

2) Equipped w ith the structure required for refriger-

ant diversion in order to use cooling and heating at

the same time; 3) Equipped w ith a function to sup-

press a decrease in heating capacity w hen the out-

side air temperature is low ; 4) A structure that uses

w ater as a heat source; 5) A structure w ith a dedi-

cated heat storage tank for storing heat for cooling

or cooling/heating (HS 8415.10)

Kenya KEN/1093 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)

Kenya KEN/1094 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy zinc phos-

phate w eldable primer)

Kenya KEN/1095 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)

Kenya KEN/1096 06/08/2021 08/07/2021 Paints and varnishes (Black bituminous paints for

cold application)

Kenya KEN/1097 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Kenya KEN/1098 06/10/2021 07/24/2021 Body care equipment (Menstrual tampons)

Kenya KEN/1099 06/10/2021 08/03/2021 Products of the textile industry (Disposable helmet

liner)

Kenya KEN/1100 06/10/2021 07/30/2021 Cooking ranges, w orking tables, ovens and similar appliances (Denatured technical alcohol for use as

cooking and appliance fuel)

Kenya KEN/1101 06/10/2021 08/11/2021 Food products in general (Edible mushrooms)

Kenya KEN/1102 06/10/2021 08/11/2021 Fruits. Vegetables (Canned vegetables)

Kenya KEN/1103 06/10/2021 08/11/2021 Fruits. Vegetables (Canned fruit cocktail)

Kenya KEN/1104 06/10/2021 08/11/2021 Fruits. Vegetables (Pumpkin pulp f lour)

Kenya KEN/1105 06/10/2021 08/11/2021 Vegetables and derived products (Tomato prod-

ucts)

Kenya KEN/1106 06/24/2021 08/18/2021 Concrete structures

Korea, Republic of KOR/923/Add.1 06/16/2021 Not given

by country Wallpapers

Korea, Republic of KOR/965 06/16/2021 08/15/2021 Foods

Korea, Republic of KOR/966 06/16/2021 06/15/2021 Aeronautical Radio Equipment

Korea, Republic of KOR/967 06/16/2021 08/15/2021 Foods

Korea, Republic of KOR/968 06/16/2021 08/15/2021 Food

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

83

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Korea, Republic of KOR/969 06/16/2021 08/15/2021 Food and Drug Testing and Inspection Agencies

Korea, Republic of KOR/970 06/18/2021 08/17/2021 Electrical w arm-w ater mattresses and beds

Korea, Republic of KOR/971 06/18/2021 08/17/2021 Washing machines

Korea, Republic of KOR/972 06/18/2021 08/17/2021 Skin or Hair care appliances

Korea, Republic of KOR/973 06/18/2021 08/18/2021 Ironing press

Korea, Republic of KOR/974 06/18/2021 08/17/2021 fans

Korea, Republic of KOR/975 06/18/2021 08/17/2021 Luminaires

Korea, Republic of KOR/976 06/18/2021 08/17/2021 Circuit-breakers

Korea, Republic of KOR/977 06/18/2021 08/17/2021

A novel domestic or foreign LMOs created through

modern biotechnology under Article 2 (Definition) of

the LMO Act

Korea, Republic of KOR/978 06/22/2021 08/21/2021 Health Functional Food Products

Korea, Republic of KOR/979 06/22/2021 08/21/2021 Foods

Korea, Republic of KOR/980 06/25/2021 08/04/2021 Chemical substances, and polymers

Kuw ait KWT/568 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Kuw ait KWT/569 06/04/2021 08/03/2021 Cheese (Edam cheese)

Kuw ait KWT/570 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Kuw ait KWT/571 06/04/2021 08/03/2021 Cheese (Brie cheese)

Kuw ait KWT/572 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Kuw ait KWT/573 06/07/2021 08/06/2021 Cheese

Kuw ait KWT/574 06/07/2021 08/06/2021 Cheese

Macao, China MAC/11/Add.1 06/16/2021 Not given

by country

Imported new pharmaceuticals containing new ac-

tive pharmaceutical ingredients

Macao, China MAC/18 06/16/2021 Not given

by country

Imported new pharmaceuticals containing new ac-

tive pharmaceutical ingredients

Malaysia MYS/104 06/09/2021 08/08/2021 Food products in general

Malaysia MYS/105 06/09/2021 08/08/2021 HS: 1101.00.1100 (Fortif ied w heat f lour); 1101.00.1900 (Other w heat f lour); Wheat or meslin

f lour (HS 1101)

Mexico MEX/389/Add.4 05/18/2021 Not given

by country Meters and transformers

Nicaragua NIC/74/Add.1 05/26/2021 Not given

by country Cosmetic products

Oman OMN/434 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Oman OMN/435 06/04/2021 08/03/2021 Cheese (Edam cheese)

Oman OMN/436 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Oman OMN/437 06/04/2021 08/03/2021 Cheese (Brie cheese)

Oman OMN/438 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Oman OMN/439 06/07/2021 08/06/2021 Cheese

Oman OMN/440 06/07/2021 08/06/2021 Cheese

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

84

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Peru PER/131/Add.1 05/12/2021 Not given

by country 6307.90.30.00 Face-masks

Philippines PHL/231/Add.1 06/01/2021 Not given

by country

Household/Urban Hazardous Substances (HUHS) (e.g household/urban pesticides, household clean-

ing agents, fresheners and deodorizers, Do-It-Your-

self and Hobby Items, Toys and Childcare article

products under FDA)

Philippines PHL/247/Rev.1 05/31/2021 Not given

by country

Air conditioning machines comprising a motor-driven fan and elements for changing the tempera-

ture and humidity, incl. those machines in w hich the

humidity cannot be separately regulated; parts

thereof (HS 8415); Ventilators. Fans. Air-condition-

ers

Philippines PHL/248/Rev.1 05/31/2021 Not given

by country

Refrigerators, freezers and other refrigerating or

freezing equipment, electric or other; heat pumps;

parts thereof (excl. air conditioning machines of

heading 8415) (HS 8418); Domestic electrical appli-

ances in general

Philippines PHL/249/Rev.1 05/31/2021 Not given

by country Domestic electrical appliances in general

Philippines PHL/250/Rev.1 05/31/2021 Not given

by country

Lamps and lighting f ittings, incl. searchlights and

spotlights, and parts thereof, n.e.s; illuminated

signs, illuminated nameplates and the like having a permanently f ixed light source, and parts thereof,

n.e.s (HS 9405); Lamps and related equipment

Philippines PHL/253 06/04/2021 Not given

by country Pharmaceutical products

Philippines PHL/226/Add.1 06/07/2021 Not given

by country

Vehicles other than railw ay or tramw ay rolling-

stock, and parts and accessories thereof (HS 87)

Philippines PHL/254 06/08/2021 08/07/2021

Processed Food Products; PREPA RATIONS OF

MEAT, OF FISH OR OF CRUSTACEANS, MOL-

LUSCS OR OTHER AQUATIC INVERTEBRATES

(HS 16); SUGARS AND SUGAR CONFECTION-

ERY (HS 17); COCOA AND COCOA PREPARA-

TIONS (HS 18); PREPA RATIONS OF VEGETA-

BLES, FRUIT, NUTS OR OTHER PARTS OF

PLANTS (HS 20); MISCELLA NEOUS EDIBLE

PREPARA TIONS (HS 21); BEVERAGES, SPIRITS AND VINEGAR (HS 22)

Philippines PHL/255 06/08/2021 08/07/2021 Iron-Rice Premix

Philippines PHL/256 06/17/2021 Not given by country

Wood products; (HS 4401, 4402, 4403, 4404, 4405,

4406, 4407, 4408, 4409, 4410, 4411, 4412, 4413,

4702, 4703, 4704, 4705)

Qatar QAT/589 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Qatar QAT/590 06/04/2021 08/03/2021 Cheese (Edam cheese)

Qatar QAT/591 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Qatar QAT/592 06/04/2021 08/03/2021 Cheese (Brie cheese)

Qatar QAT/593 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Qatar QAT/594 06/07/2021 08/06/2021 Cheese

Qatar QAT/595 06/07/2021 08/06/2021 Cheese

Russian Federation RUS/119 06/08/2021 8/26/2021 Machines and equipment

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

85

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Rw anda RWA/454 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)

Rw anda RWA/455 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy zinc phos-

phate w eldable primer)

Rw anda RWA/456 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)

Rw anda RWA/457 06/08/2021 08/07/2021 Paints and varnishes (Black bituminous paints for

cold application)

Rw anda RWA/458 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Saudi Arabia SAU/1193 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Saudi Arabia SAU/1194 06/04/2021 08/03/2021 Cheese (Edam cheese)

Saudi Arabia SAU/1195 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Saudi Arabia SAU/1196 06/04/2021 08/03/2021 Cheese (Brie cheese)

Saudi Arabia SAU/1197 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Saudi Arabia SAU/1174/Add.2 06/07/2021 Not given

by country Water heating equipment

Saudi Arabia SAU/1198 06/07/2021 08/06/2021 Cheese

Saudi Arabia SAU/1199 06/07/2021 08/06/2021 Cheese

Separate Customs

Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese

Taipei)

TPKM/409/Add.

1/Corr.1 05/31/2021

Not given

by country Medical equipment

Separate Customs

Territory of Taiw an, Penghu,

Kinmen and Matsu (Chinese

Taipei)

TPKM/420/Add.

1 05/31/2021

Not given

by country

Medical Devices; Biological evaluation of medical

devices

Separate Customs

Territory of Taiw an, Penghu,

Kinmen and Matsu (Chinese

Taipei)

TPKM/442/Add.

1 06/08/2021

Not given

by country

Condoms (4014.10.00.10;4014.10.00.90), Medical

masks (6307.90.50.31); Sheath contraceptives, of

vulcanised rubber (excl. hard rubber) (HS 401410);

Made-up articles of textile materials, incl. dress pat-

terns, n.e.s (HS 630790)

Separate Customs

Territory of Taiw an, Penghu,

Kinmen and Matsu (Chinese

Taipei)

TPKM/459 06/10/2021 08/09/2021

Fabric Steamers (CCCN 8516.40.00.00.3C and

8516.79.00.00.7D); Electric smoothing irons (HS

851640); Electro-thermic appliances, for domestic

use (excl. hairdressing appliances and hand dryers,

space-heating and soil-heating apparatus, w ater

heaters, immersion heaters, smoothing irons, mi-

crow ave ovens, ovens, cookers, cooking plates, boiling rings, grillers, roasters, coffee makers, tea

makers and toasters) (HS 851679)

Separate Customs

Territory of Taiw an, Penghu,

Kinmen and Matsu (Chinese

Taipei)

TPKM/442/Add.

1/Corr.1 06/17/2021

Not given

by country

Condoms (4014.10.00.10;4014.10.00.90), Medical

masks (6307.90.50.31); Sheath contraceptives, of

vulcanised rubber (excl. hard rubber) (HS 401410); Made-up articles of textile materials, incl. dress pat-

terns, n.e.s (HS 630790)

Separate Customs

Territory of Taiw an, Penghu,

TPKM/447/Add.

1 06/18/2021

Not given

by country Food ingredient to be used in food

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

86

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Kinmen and Matsu (Chinese

Taipei)

Singapore SGP/58/Add.1 06/22/2021 Not given by country

Water-closet f lush valves (HS 7324.90.10, 7324.90.93, 8481.80.50)

Singapore SGP/60/Add.1 06/22/2021 Not given

by country

1) Front and top load w asher extractors 2) Under-

counter and hood dishw ashers 3) High pressure

w ashers National tariff headings (HS: 1)

8451.40.00, 2) 8422.19.00, 3) 8424.30)

Sw eden SWE/139 06/16/2021 08/15/2021

Radioactive w aste and spent fuel from nuclear facil-

ities; NUCLEA R REACTORS, BOILERS, MACHIN-

ERY AND MECHA NICAL APPLIANCES; PARTS

THEREOF (HS 84)

Sw itzerland CHE/255 05/11/2021 07/10/2021

Chemical products, biocidal products, phytosanitary

products and fertilizers; Inorganic chemicals; Or-

ganic or inorganic compounds of precious metals,

of rare-earth metals, of radioactive elements or of

isotopes (HS 28); Organic chemicals (HS 29); Ferti-

lizers (HS 31); Soap, organic surface-active agents, w ashing preparations, lubricating preparations, arti-

f icial w axes, prepared w axes, polishing or scouring

preparations, candles and similar articles, modelling

pastes, “dental w axes” and dental preparations w ith

a basis of plaster (HS 34); Miscellaneous chemical

products (HS 38)

Sw itzerland CHE/258 06/21/2021 08/20/2021 In vitro diagnostic medical devices

Tanzania TZA/600 05/31/2021 07/30/2021 Paper products in general (Exercise books and re-

lated items)

Tanzania TZA/601 05/31/2021 07/30/2021 Other paper products (Paper sacks for packaging of

cement)

Tanzania TZA/602 05/31/2021 07/30/2021 Office paper (Diaries)

Tanzania TZA/603 05/31/2021 07/30/2021 Paper products in general (New sprint)

Tanzania TZA/604 05/31/2021 07/30/2021 Paper products in general (Thermal-sensitive paper

roll for printers)

Tanzania TZA/605 05/31/2021 07/30/2021

Vegetables, fruit, nuts and other edible parts of

plants, prepared or preserved by vinegar or acetic

acid (HS 2001)

Tanzania TZA/606 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)

Tanzania TZA/607 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy zinc phos-

phate w eldable primer)

Tanzania TZA/608 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)

Tanzania TZA/609 06/08/2021 08/07/2021 Paints and varnishes (Black bituminous paints for

cold application)

Tanzania TZA/610 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Tanzania TZA/611 06/09/2021 08/08/2021 Fruits, vegetables and derived products in general

(Tomato products)

Tanzania TZA/612 06/09/2021 08/08/2021 Fruits, vegetables and derived products in general

(Edible mushrooms)

Tanzania TZA/613 06/09/2021 08/08/2021 Fruits, vegetables and derived products in general

(Canned vegetables)

Baker McKenzie

International Trade Compliance Update | July 2021

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Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Tanzania TZA/614 06/09/2021 08/08/2021 Fruits, vegetables and derived products in general

(Canned fruit cocktail)

Tanzania TZA/615 06/09/2021 08/08/2021 Fruits, vegetables and derived products in general (Pumpkin pulp f lour)

Thailand THA/617 06/08/2021 08/07/2021

Audio, video and audiovisual systems in general

(Audio/video, information and communication tech-

nology equipment)

Thailand THA/618 06/09/2021 07/15/2021 Plastic bags for food

Thailand THA/619 06/09/2021 07/15/2021 Plastic utensils for food

Thailand THA/620 06/09/2021 07/15/2021 Plastic utensils for food

Thailand THA/621 06/09/2021 07/15/2021 Plastic utensils for food

Thailand THA/622 06/09/2021 07/15/2021 Microw aveable food plastic bag for reheating

Thailand THA/580/Add.1 06/14/2021 Not given

by country Tea infusion (HS code 0902)

Thailand THA/623 06/14/2021 07/14/2021

Food products containing cannabidiol extract, bev-

erage and food supplement containing cannabidiol

extract

Trinidad and Tobago TTO/129 06/10/2021 08/09/2021 Non-refractory mortars and concretes (HS 382450)

(Ready-mixed concrete)

Trinidad and Tobago TTO/130 06/14/2021 08/13/2021 Cables

Turkey TUR/182/Add.1 06/16/2021 Not given

by country Electric motors and variable speed drives

Turkey TUR/184 06/17/2021 07/03/2021 Aerosol Dispensers

Turkey TUR/185 06/17/2021 08/16/2021

Cosmetic products, any substance or mixture in-

tended to be placed in contact w ith the external

parts of the human body (epidermis, hair system, nails, lips, and external genital organs) or w ith the

teeth and the mucous membranes of the oral cavity

w ith a view exclusively or mainly to cleaning them,

perfuming them, changing their appearance, pro-

tecting them, keeping them in good condition or cor-

recting body odours, are covered.

Uganda UGA/1334 06/08/2021 08/07/2021

Sodium hypochlorite for w ater treatment; Hypo-

chlorites, chlorites and hypobromites (excl. calcium

hypochlorites) (HS 282890)

Uganda UGA/1335 06/08/2021 08/07/2021 Polyamines; Acyclic polyamines and their deriva-tives; salts thereof (excl. ethylenediamine and hexa-

methylenediamine, and their salts) (HS 292129)

Uganda UGA/1336 06/08/2021 08/07/2021 Bath oil; Perfumed bath salts and other bath and

show er preparations (HS 330730)

Uganda UGA/1337 06/08/2021 08/07/2021

Articles of apparel and clothing accessories, for all

purposes, of vulcanised rubber (excl. hard rubber

and footw ear and headgear and parts thereof, and

gloves, mittens and mitts) (HS 401590)

Uganda UGA/1338 06/08/2021 08/07/2021 Gloves, mittens and mitts, of vulcanised rubber

(excl. surgical gloves) (HS 401519)

Uganda UGA/1339 06/08/2021 08/07/2021

Tomatoes, prepared or preserved otherw ise than by

vinegar or acetic acid (excl. w hole or in pieces) (HS

200290)

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

88

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Uganda UGA/1340 06/08/2021 08/07/2021

Edible mushrooms; Fresh or chilled edible mush-

rooms and truff les (excl. mushrooms of the genus

“Agaricus”) (HS 070959)

Uganda UGA/1341 06/08/2021 08/07/2021 Canned vegetables

Uganda UGA/1342 06/08/2021 08/07/2021

Canned fruit cocktail; Fruit and other edible parts of

plants, prepared or preserved, w hether or not con-

taining added sugar or other sw eetening matter or

spirit (excl. prepared or preserved w ith vinegar, pre-

served w ith sugar but not laid in syrup, jams, fruit

jellies, marmalades, fruit purée and pastes, ob-

tained by cooking, and nuts, groundnuts and other seeds, pineapples, citrus fruits, pears, apricots,

cherries, peaches, straw berries, palm hearts and

cranberries) (HS 200899)

Uganda UGA/1343 06/08/2021 08/07/2021 Pumpkin pulp f lour; Food preparations, n.e.s (HS

210690)

Uganda UGA/1344 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)

Uganda UGA/1345 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy zinc phos-

phate w eldable primer)

Uganda UGA/1346 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)

Uganda UGA/1347 06/08/2021 08/07/2021 Paints and varnishes (Black bituminous paints for

cold application)

Uganda UGA/1348 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Uganda UGA/1349 06/14/2021 08/13/2021

Ceramic/pottery handicrafts; Basketw ork, w icker-w ork and other articles, made directly to shape from

non-vegetable plaiting materials or made up from

goods of non-vegetable plaiting materials of head-

ing 4601 (excl. w allcoverings of heading 4814;

tw ine, cord and rope; footw are and headgear and

parts thereof; vehicles and vehicle superstructures;

goods of chapter 94, e.g. furniture, lighting f ixtures)

(HS 460290)

Uganda UGA/1350 06/14/2021 08/13/2021 (HS 62) (Textiles - Garments)

Uganda UGA/1351 06/14/2021 08/13/2021 (HS 6105, 6106 ) (Garments - shirts)

Uganda UGA/1352 06/14/2021 08/13/2021 Trousers, Shorts (HS 6103)

Uganda UGA/1353 06/14/2021 08/13/2021 (HS 6104) (Skirts and dresses)

Uganda UGA/1354 06/14/2021 08/13/2021 Jackets (HS 6103 , 6104)

Uganda UGA/1355 06/14/2021 08/13/2021 Boxers (HS 6107)

Uganda UGA/1356 06/14/2021 08/13/2021 (HS 6107, 6108) (Underw ear - Briefs)

Uganda UGA/1357 06/14/2021 08/13/2021 (HS 6108) (Underw ear - Panties)

Ukraine UKR/193 06/07/2021 08/06/2021 Ventilation systems

Ukraine UKR/194 06/07/2021 08/06/2021

Local heaters w ith a rated thermal input of 50 kW or

less and commercial local heaters w ith a rated ther-

mal input or a single segment of 120 kW or less

Ukraine UKR/151/Add.2 06/15/2021 Not given

by country Equipment for use outdoors

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

89

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

Ukraine UKR/182/Add.1 06/15/2021 Not given

by country Detergents

Ukraine UKR/185/Add.1 06/15/2021 Not given by country

Natural mineral w ater and spring w ater

Ukraine UKR/195 06/16/2021 08/15/2021

Electric mains-operated blast cabinets, and electric

mains-operated professional refrigerated storage

cabinets including those sold for the refrigeration of

foodstuffs and animal feed, condensing units oper-ating at low or medium temperature or both

United Arab Emirates ARE/499 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

United Arab Emirates ARE/500 06/04/2021 08/03/2021 Cheese (Edam cheese)

United Arab Emirates ARE/501 06/04/2021 08/03/2021 Cheese (Gouda cheese)

United Arab Emirates ARE/502 06/04/2021 08/03/2021 Cheese (Brie cheese)

United Arab Emirates ARE/503 06/04/2021 08/03/2021 Cheese (Camembert cheese)

United Arab Emirates ARE/504 06/07/2021 08/06/2021 Cheese

United Arab Emirates ARE/505 06/07/2021 08/06/2021 Cheese

United Kingdom GBR/39/Add.1 06/03/2021 Not given

by country Covid-19 detection test regulation HS 3822

United States USA/931/Rev.1/

Add.1 05/31/2021

Not given

by country Ceiling fans

United States USA/1727/Add.1 05/31/2021 Not given

by country

Broadband and mobile services, w ireless telecom-

munications

United States USA/1736 05/31/2021 06/28/2021 Broadband and mobile services, w ireless telecom-

munications

United States USA/1600/Rev.1 06/03/2021 Not given

by country

Portable air conditioners; Air conditioning machines,

comprising a motor-driven fan and elements for

changing the temperature and humidity, including

those machines in w hich the humidity cannot be

separately regulated (HS 8415)

United States USA/649/Rev.1 06/07/2021 Not given

by country Fluorescent lamps, incandescent lamps (HS 9405)

United States USA/861/Add.7 06/07/2021 Not given

by country Ceiling fans

United States USA/996/Add.3 06/07/2021 Not given

by country Residential dehumidif iers

United States USA/1062/Add.7 06/07/2021 Not given

by country Ceiling fans (HS 8414.51)

United States USA/1737 06/07/2021 07/12/2021 Animal confinement; LIVE ANIMALS (HS 01); Qual-

ity, Farming and forestry

United States USA/1623/Add.1 06/09/2021 Not given

by country Chemical substances

United States USA/1628/Add.1 06/09/2021 Not given

by country Chemical substances

United States USA/1635/Add.1 06/09/2021 Not given

by country Chemical substances

United States USA/1642/Add.1 06/09/2021 Not given

by country

Children's products; Furniture and parts thereof,

n.e.s. (excl. seats and medical, surgical, dental or

veterinary furniture) (HS 9403)

United States USA/1671/Add.1 06/09/2021 Not given

by country Chemical substances

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

90

Member Notif ication Date Issued

Final Date

for Comments

Merchandise Covered

United States USA/1708/Add.1 06/09/2021 Not given

by country Model 737-800 airplane; structure-mounted airbags

United States USA/446/Add.1 06/14/2021 Not given by country

Milk and cream products and yogurt products (HS 0403.10, 1901.90)

United States USA/865/Add.2 06/14/2021 Not given

by country Commercial refrigeration equipment (HS 8415)

United States USA/1738 06/14/2021 08/09/2021 Unfired hot w ater storage tanks

United States USA/1739 06/14/2021 09/08/2021

Firearms equipped w ith stabilizing braces; Revolv-

ers and pistols (excl. those of heading 9303 or 9304 and sub-machine guns for military purposes) (HS

9302); Parts and accessories for w eapons and the

like of heading 9301 to 9304, n.e.s (HS 9305)

United States USA/1740 06/14/2021 07/12/2021 Chemical substances

United States USA/1652/Add.2 06/16/2021 Not given

by country

Split peas; Fresh or chilled peas “Pisum sativum”,

shelled or unshelled (HS 070810)

United States USA/1654/Add.2 06/16/2021 Not given

by country

Lentils; Fresh or chilled leguminous vegetables,

shelled or unshelled (excl. peas “Pisum sativum”

and beans “Vigna spp., Phaseolus spp.”) (HS

070890); Dried, shelled lentils, w hether or not

skinned or split (HS 071340)

United States USA/1189/Rev.1

/Add.2 06/18/2021

Not given

by country

Walk-in coolers and w alk-in freezers. Refrigerators,

freezers and other refrigerating or freezing equip-

ment, electric or other; heat pumps other than air

conditioning machines of heading 84.15 (HS 8418)

Viet Nam VNM/193 06/21/2021 08/20/2021 Product and goods in general

Yemen YEM/195 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Yemen YEM/196 06/04/2021 08/03/2021 Cheese (Edam cheese)

Yemen YEM/197 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Yemen YEM/198 06/04/2021 08/03/2021 Cheese (Brie cheese)

Yemen YEM/199 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Yemen YEM/200 06/07/2021 08/06/2021 Cheese

Yemen YEM/201 06/07/2021 08/06/2021 Cheese

Yemen YEM/202 06/22/2021 08/21/2021 Cosmetics. Toiletries

CBP RULINGS: DOWNLOADS AND SEARCHES

As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 204,000 such rulings are in the database.

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

91

CBP RULINGS: REVOCATIONS OR MODIFICATIONS

The following table summarizes proposals made or actions taken that were pub-lished 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 revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise.

Published in CBP Bulletin (P) Proposed

(A) Action

Product(s) or Issue(s) Ruling(s) to be Modified (M) or

Rev oked (R)

Old Classifi-cation or Po-

sition

New Ruling New Classification or

Position

Comments Due (C) or Effectiv e

Date (E)

PROPOSED REVOCATIONS/MODIFICATIONS

(P) 06-09-21

Tariff classif ication of a Portable Food Allergen De-tection Device, Single-Use

Pods and a Starter Kit

NY N305614 M

9027.50.80 Sec. 301 does not ap-

ply

HQ H316429

Products are subject to sec. 301 remedy if products of China

(9903.88.01)

(C) 07-09-21

(P) 06-16-21

Tariff classif ication of a cer-tain devices know n as net-w ork adapters

NY N301141 R 8517.62.0020 HQ H316155 8517.62.0090 [GRI 1, 6; (C) 07-16-21

(P) 06-23-21

Tariff classif ication of Wi-Fi infrared motion sensors

NY N255515 M 8543.70.40 (now 8543.70.45)

HQ H276956 8531.80.90 [GRI 1, 6]

(C) 07-23-21 Tariff classif ication of cer-tain hearing amplif ication

devices

NY N283085

R 9021.40.00 HQ H313006

8518.40.20 [GRI 1, 3(b), 6 ; Sec. XVI N1(m); EN]

NY N166443 NY N025447 NY D80822

8518.40.20 [GRI 1, 6 ; Sec. XVI N1(m); EN]

REVOCATIONS/MODIFICATIONS

(A) 06-02-21

Tariff classif ication of hard seltzer

NY N315004 NY N313678

R 2203.00.00 HQ H314978 2206.00.90 [GRI 1; ENs]

(E) 08-01-21 Country of origin of certain w ristwatches produced in

more than one country

HQ H304105 HQ H047115

M

Watch=c/o of movement but c/o of case

did not change

HQ H306338

Duty of movement, case and battery=c/o movement; duty of

w ristband=separate c/o [Chap 91 AUSN 1-3]

(A) 06-09-21 Tariff classif ication of textile leg coverings.

NY N086942

M

6117.80.95

HQ H239482 6406.90.15 [GRI 1, 6; Sec. XI Note 1(n); ENs] (E) 08-08-21

NY N080395

6117

NY N003909

NY G88706

NY D85843

NY D83322

(A) 06-23-21

Tariff classif ication of cer-

tain mineral stones—spe-

cif ically, amber, selenite,

calcite and aragonite

NY F86134

R 9705.00.00 HQ H311301

2530.90.80 (amber)

9602.00.50 (buffed

tones)

(E) 08-22-21 NY N004112 2520.10.00 (selenite)

NY N004200

NY N015557 7103.10.20 (argonite)

[GRI 1; Chaps.25, 71,,

96,97 LNs; Ens]

Baker McKenzie

International Trade Compliance Update | July 2021

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92

EUROPEAN CLASSIFICATION REGULATIONS

The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.

Commission

Implementing Regulation

Description of the goods Classif ication

(CN code) Reasons

(EU) 2021/909

31-05-21

A f lexible article (so-called pool noodle)

made of cellular plastics (plastic foam) in

the shape of a hollow tube of a length of ap-

proximately 1 m and a diameter of approxi-

mately 8 cm.

The article f loats on w ater and is presented

to be used as a buoyancy aid, complying

w ith a European standard for buoyancy aids

for sw imming instruction (EN 13138-

2:2014). The article is also shock-absorbent

and thermally insulating.

See images

3926 90 97 Classif ication is determined by general rules 1 and

6 for the interpretation of the Combined Nomen-

clature and by the w ording of CN codes 3926,

3926 90 and 3926 90 97 .

Classif ication under heading 9506 as articles and

equipment for general physical exercise, gymnas-

tics, athletics, other sports or outdoor games is ex-

cluded, because due to its simple, common shape

the article cannot be identif ied as an article de-

signed for physical exercise or sports of heading

9506, although due to its f loating abilities the arti-

cle complies w ith the standard for buoyancy aids

for sw imming instructions. Moreover, due to its

simple shape and common material, the article

could be used for various purposes (for example,

as shock absorbing protective products that are

w rapped around poles, thermal insulation prod-

ucts that are w rapped around pipes, products for

the amusement of kids).

Likew ise, classif ication under heading 9503 as

other toys is excluded, because the article cannot

clearly be identif ied as an article for the amuse-

ment of kids or adults given its design.

Consequently, the article is to be classif ied ac-

cording to its constituent material (plastics).

The article is therefore to be classif ied under CN

code 3926 90 97 as other articles of plastics.

(EU) 2021/910

31-05-21

Cermet sticks w ith a uniform round cross-

section. The articles of varying lengths and

diameters can be solid or they can be perfo-

rated and have cooling channels, w ith blunt

ends. Some of the articles may also have

been chamfered.

The articles are made of cermet, namely of

sintered metal carbide on the basis of tung-sten carbide w ith cobalt as the binding sub-

stance.

Based on their low degree of processing,

simple form and shape, the articles can be

used for a w ide range of uses, for example,

as reinforcement elements. If further pro-

cessed, the articles may be used for tools

and as tools.

8113 00 90 Classif ication is determined by general rules 1

and 6 for the interpretation of the Combined No-

menclature, note 4 to Section XV and by the w ord-

ing of the CN codes 8113 00 and 8113 00 90.

Classif ication under CN code 8209 00 80 as sticks

and the like for tools, unmounted, of cermets is

excluded as the articles can be used for tools and

as tools only if further processed and are also suit-

able for other uses.

The articles fall w ithin the scope of heading 8113 ,

w hich covers cermets, w hether unw rought or in

the form of articles not elsew here specif ied in the

Combined Nomenclature (see also Harmonized

System Explanatory Notes to heading 8113 , sixth

paragraph).

Consequently, the articles are to be classif ied un-der CN code 8113 00 90 as cermets and other ar-

ticles thereof.

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

93

Commission

Implementing Regulation

Description of the goods Classif ication (CN code)

Reasons

(EU) 2021/911

31-05-21

Furniture rollers consisting of:

— a w ood-based panel (f ibreboard panel

w ith rounded corners and edges);

— plastic anti-slip pads on the upper side of

the panel;

— plastic rollers;

— metal brackets in order to mount the

plastic rollers on the underside of the

panels.

The article has a handle recess in order to carry the article, for example, by hand or to

suspend the article on a w all.

The article is designed to be used for trans-

portation of various objects, notably of furni-

ture and of any other heavy objects.

(see image)

4421 99 10 Classif ication is determined by general rules 1,

3(b) and 6 for the interpretation of the Combined

Nomenclature, note 3 to Chapter 44 and by the

w ording of the CN codes 4421, 4421 99 and

4421 99 10.

Classif ication under CN code 8716 80 00 as other

vehicles, not mechanically propelled is excluded

as the objective characteristics and properties of

the article do not fully correspond w ith the terms of

heading 8716 and CN code 8716 80 00.

Given its objective characteristics and properties,

including a handle recess not used for pushing the

article by foot or by hand, and its design for trans-

portation of heavy objects such as furniture by

pushing the objects, the article is not designed to

be tow ed by other vehicles, to be pushed or pulled

by hand, to be pushed by foot or to be draw n by

animals (see also the Harmonized System Ex-

planatory Notes to heading 8716, second para-

graph).

The article cannot be deemed to be a vehicle

since it lacks some of the characteristics and

properties of a hand- or foot-propelled vehicle of

heading 8716 by not being a cart, a truck, a bar-

row or a trolley or by not being composed of a

specif ic part of a vehicle such as a chassis.

Consequently, the article is to be classif ied ac-

cording to its constituent material.

The article is a composite product consisting of

different materials (w ood, plastic and metal). The

component that gives the article its essential char-

acter is w ood, as the w ooden panel constitutes

the main part of the composite product and as the

w ooden panel is of most signif icance for the in-

tended use of the article.

Consequently, the article is to be classif ied under

CN code 4421 99 10 as other articles of f ibre-

board.

(EU) 2021/956

31-05-21

A modular article w ith sound absorbing and sound insulating properties (so called

‘Room in room system’). When assembled,

it measures approximately 3 m in w idth, be-

tw een 2 and 6 m in length and 2,3 m in

height, and its w alls have a thickness of ap-proximately 40 mm.

It consists of a cubical frame made of alu-

minium, joined by a series of metal corners and panels, w hich are placed on the sides and the top of the structure.

Each panel consists of a printed polyester

acoustic layer of f ireproof fabric on one side

and a laminated w ood particles board on

the other side. The interior of the panel is padded w ith rock w ool (100 kg/m3 density).

7610 90 90 Classif ication is determined by general rules 1, 2(a), 3(b) and 6 for the interpretation of the Com-

bined Nomenclature, and by the w ording of CN

codes 7610 , 7610 90 and 7610 90 90 .

Classif ication under heading 9406 is excluded as

the article is not a stand-alone complete or incom-

plete ‘prefabricated building’ as it can be consid-

ered neither housing, w orksite accommodation

nor similar building (see also note 4 to Chapter 94

and the Harmonized System Explanatory Notes to

heading 9406 ). It is not suitable for outdoor use

as it is not considered to be w eatherproof. The ar-

ticle is a special construction to be erected inside

an existing f inished building.

The article is a composite product, w here the es-

sential character is given by the constructive ele-

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Commission

Implementing Regulation

Description of the goods Classif ication (CN code)

Reasons

The ceiling is made of polyester panels and

support aluminium joists. The article is also

f itted w ith a door, w indow s, an LED lighting system and a ventilation system.

The article is designed as a special con-

struction to be erected inside an existing f in-ished building, as it offers no w eather pro-

tection. It is presented to be used in open-

plan off ices as an enclosed area for confi-

dential discussions, or to create a quiet zone.

See image

ment (aluminium frame). It is therefore to be clas-

sif ied according to the constituent material of that

component.

Consequently, the article is to be classif ied under

CN code 7610 90 90 as other aluminium struc-

tures.

(EU) 2021/957

31-05-21

Oval shaped article measuring approxi-

mately 180 cm in length and 95 cm at its w idest point. It consists of a loosely cro-

cheted textile fabric creating a net-like struc-

ture attached to an inflatable tube of plastics

framing the textile fabric. An inflatable pillow

of plastics is attached to one side of the

tube. The tube and pillow are completely

encased by a w oven textile fabric of syn-thetic f ilament yarn.

The external surface of the article is com-

pletely of textile materials, w hich prevail

over the plastics in volume. Especially the

net-like structure w here a user lies is exclu-

sively of textile material. How ever, plastics

prevail over the textile materials in w eight and value.

The article is designed to f loat on w ater, similarly to a pneumatic w ater mattress.

See image

6306 90 00 Classif ication is determined by general rules (GIR)

1, 3(b) and 6 for the interpretation of the Com-bined Nomenclature (CN), by note 7(f) to Section

XI of the CN and by the w ording of CN codes 6306 and 6306 90 00 .

The article is a composite good consisting of dif-

ferent materials (textile fabrics and plastics) w ithin the meaning of GIR 3(b).

Classif ication under CN code 3926 90 97 as other

articles of plastics is excluded, because the article

has the objective characteristics of a textile article

w hen looked at, touched or lied on due to its ex-

ternal surface material of exclusively textile mate-

rial. Although the plastics play an important role in

relation to the use of the article as a f loating de-

vice, the net-like textile fabrics in the middle are

essential to allow a person to lie on the device

w hile f loating. Therefore, overall the textile materi-als (external surface material, crocheted net-like

textile fabric) give the article its essential character w ithin the meaning of GIR 3(b).

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Commission

Implementing Regulation

Description of the goods Classif ication (CN code)

Reasons

Given the objective characteristics of the article

(designed to be taken along to different places

and to be used there temporarily, lightw eight, easy

to transport and to set-up, similarity to pneumatic

mattresses) it is an article for camping. See also

the CN Explanatory Note to heading 6306 90 00

and the Harmonized System Explanatory Notes to 6306 , f irst paragraph, point (5).

The article is therefore to be classif ied under CN code 6306 90 00 as camping goods.

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, including 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 published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337.

Inv. № Commodity Action

337–TA–1159

Certain Lithium Ion Batteries, Battery Cells,

Battery Modules, Battery Packs, Compo-

nents Thereof, and Processes Therefor

(RESCISSION)] Commission Decision to Institute a Rescission Pro-

ceeding; Permanent Rescission of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Rescission Proceed-

ing

337–TA–1166 Certain Foodservice Equipment and Com-

ponents Thereof Notice of Request for Submissions on the Public Interest

337–TA–1167

Certain Laparoscopic Surgical Staplers,

Reload Cartridges, and Components

Thereof

Notice of Request for Submissions on the Public Interest

337–TA–1181

Certain Lithium-Ion Battery Cells, Battery

Modules, Battery Packs, Components

Thereof, and Products Containing the

Same

Commission Determination To Grant a Joint Motion To Terminate

the Investigation on the Basis of a Settlement Agreement; Termi-

nation of the Investigation

337–TA–1186

Certain Balance Armature Devices, Prod-

ucts Containing Same, and Components

Thereof

Notice of Request for Submissions on the Public Interest [This was originally posted on the Public Inspection website but was withdrawn due to cancellation of the [Federal Register due to the Junettenth holiday]

337–TA–1246 Certain Integrated Circuits and Products

Containing the Same

Commission Determination Not To Review an Initial Determination

Granting Complainant’s Motion To Terminate the Investigation

Based on Settlement; Termination of the Investigation

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Inv. № Commodity Action

337–TA–1249

Certain Cellular Signal Boosters, Repeat-

ers, Bi-Directional Amplif iers, and Compo-

nents Thereof (I)

Commission Determination Not to Review an Initial Determination

Granting a Joint Motion to Terminate the Investigation Based on

Settlement; Termination of the Investigation

337–TA–1250

Certain Cellular Signal Boosters, Repeat-

ers, Bi-Directional Amplif iers, and Compo-nents Thereof (II)

Commission Determination Not To Review an Initial Determination

Terminating the Investigation Based on Settlement; Termination of the Investigation

337–TA–1251

Certain Cellular Signal Boosters, Repeat-

ers, Bi-Directional Amplif iers, and Compo-

nents Thereof (III);

Commission Determination Not to Review an Initial Determination

Terminating the Investigation Based on Settlement; Termination of

the Investigation

337–TA–1257

Certain Organic Light-Emitting Diode Dis-

plays, Components Thereof, and Products

Containing Same

Commission Determination Not to Review Tw o Initial Determina-

tions Terminating the Investigation w ith Respect to Certain Re-

spondents; Termination of Investigation

337–TA–1259 Certain Toner Supply Containers and Com-

ponents Thereof (I)

Notice of Commission Determination Not to Review an Initial De-

termination Granting Complainants’ Motion for Leave to Amend the

Complaint and Notice of Investigation

337–TA–1260 Certain Toner Supply Containers and Com-

ponents Thereof (II)

Commission Determination Not To Review an Initial Determination

Granting Complainants ’ Unopposed Motion To Amend the Com-

plaint and Notice of Investigation

337–TA–1267

Certain Pow er Inverters and Converters,

Vehicles Containing the Same, and Com-

ponents Thereof

Institution of an investigation based on a complaint f iled on behalf

of Arigna Technology Limited alleging patent infringement

In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging viola-tions of §337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints:

Ref. № Commodity Complaint f iled on behalf of:

DN 3550 Certain Netw orking Devices, Computers, and Components

Thereof Proven Netw orks, LLC

DN 3551 Certain Casual Footw ear and Packaging Thereof Crocs, Inc.

DN 3552 Certain Silicon Photovoltaic Cells and Modules w ith Nanostruc-

tures, and Products Containing the Same

Advanced Silicon Group Technologies, LLC [This was originally posted on the Public Inspection website but was withdrawn due to cancellation of the [Federal Register due to the Junettenth holiday]

DN 3553 Certain Integrated Circuits and Products Containing Same MediaTek Inc. and MediaTek USA Inc.

ANTIDUMPING, COUNTERVAILING DUTY AND SAFE-

GUARDS INVESTIGATIONS, ORDERS & REVIEWS

In order to assist our clients in planning, we are listing antidumping, countervail-ing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally 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.

United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

C–580–879 Certain Corrosion-Resistant Steel Products

From S. Korea

Final Results and Partial Rescission of CVD Administrative Re-

view ; 2018

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–523–808 Certain Steel Nails From Oman Preliminary Results of ADD Administrative Review and Partial Re-

scission of ADD Administrative Review ; 2019-2020

C–560–829 Certain Uncoated Paper From Indonesia Final Results of the Expedited First Five-Year Sunset Review of

the CVD Order

A–533–875 Fine Denier Polyester Staple Fiber From India Final Results of ADD Administrative Review ; 2018-2019

A–570–947

C–570–948 Steel Grating From China Continuation of AD and CVD Orders

A–602–807

A–351–842

A–570–022

A–560–828

A–471–807

Uncoated Paper From Australia,

Brazil, China, Indonesia, and

Portugal

Final Results of the Expedited First Sunset Review s of the ADD

Orders

A–570–051

C–570–052

Certain Hardw ood Plyw ood Products From

China

Final Results of Changed Circumstances Review s, and Revocation

of the AD and CVD Orders in Part

C–533–902 Organic Soybean Meal From India Postponement of Preliminary Determination in the CVD Investiga-

tion

A–823–808 Certain Cut-to-Length Carbon Steel Plate

From Ukraine

Agreement Suspending the AD Investigation; Final Results of Ad-

ministrative Review ; 2018–2019

C–570–957 Seamless Carbon and Alloy Steel Standard,

Line, and Pressure Pipe From China

Final Results of Expedited Second Sunset Review of the CVD Or-

der

C–489–502 Circular Welded Carbon Steel Pipes and

Tubes From Turkey

Preliminary Results of CVD Administrative Review and Intent To

Rescind the Review , in Part; Calendar Year 2019

A–549–843 Polyester Textured Yarn From Thailand

Preliminary Aff irmative Determination of Sales at LTFV, Postpone-

ment of Final Determination, and Extension of Provisional

Measures

A–560–838 Polyester Textured Yarn From Indonesia

Preliminary Aff irmative Determination of Sales at LTFV, Postpone-

ment of Final Determination, and Extension of Provisional

Measures

A–557–823 Polyester Textured Yarn From Malaysia

Preliminary Aff irmative Determination of Sales at LTFV, Postpone-

ment of Final Determination, and Extension of Provisional

Measures

A–552–832 Polyester Textured Yarn From Vietnam

Preliminary Aff irmative Determination of Sales at LTFV, Postpone-

ment of Final Determination, and Extension of Provisional

Measures

A–570–137 Pentafluoroethane (R–125) From China Postponement of Preliminary Determination in the LTFV Investiga-

tion

A–351–842 Certain Uncoated Paper From Brazil Preliminary Results of the ADD Administrative Review and Prelimi-

nary Successor-in-Interest Determination; 2019-2020

A–471–807 Certain Uncoated Paper From Portugal Preliminary Results of the Administrative Review of the ADD Or-

der; 2019-2020

A–560–837

A–475–843

A–557–819

A–791–826

A–469–821

A–723–001

A–823–817

Prestressed Concrete Steel Wire

Strand From Indonesia, Italy,

Malaysia, South Africa, Spain,

Tunisia, and Ukraine

ADD Orders

A–583–856 Certain Corrosion-Resistant Steel Products

From Taiw an

Aff irmative Final Determination of Circumvention Involving Malay-

sia

A–570–026

C–570–027

Certain Corrosion-Resistant Steel Products

From China Final Determination of Circumvention Involving Malaysia

A–570–026

C–570–027

Certain Corrosion-Resistant Steel Products

From China

Negative Final Determination of Circumvention Involving South Af-

rica

C–570–023 Certain Uncoated Paper From China Final Results of the Expedited Five-Year Sunset Review of the

CVD Order

A–570–888 Floor-Standing, Metal-Top Ironing Tables and

Certain Parts Thereof From China Final Results of Expedited Third Sunset Review of the ADD Order

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

C–533–825 Polyethylene Terephthalate Film, Sheet, and

Strip From India Final Results of CVD Administrative Review ; 2018; Correction

A–570–001 Potassium Permanganate From China Final Results of Expedited Fifth Sunset Review of the ADD Order

A–475–059 Pressure Sensitive Plastic Tape From Italy Final Results of Sunset Review and Revocation of ADD Finding

A–570–956 Seamless Carbon and Alloy Steel Standard,

Line and Pressure Pipe From China Final Results of the Expedited Sunset Review of the ADD Order

A–570–044 1,1,1,2-Tetrafluoroethane (R-134a) From

China Final Results of ADD Administrative Review ; 2019-2020

C–570–142 Certain Walk-Behind Snow Throw ers and

Parts Thereof From China

Postponement of Preliminary Determination in the CVD Investiga-

tion

A–549–502 Circular Welded Carbon Steel Pipes and

Tubes From Thailand

Preliminary Results of ADD Administrative Review and Preliminary

Determination of No Shipments; 2019-2020

A–570–010 C–570–011

Crystalline Silicon Photovoltaic Products From China

Notice of Rescission of Changed Circumstances Review s

A–351–849 Emulsion Styrene-Butadiene Rubber From

Brazil Preliminary Results of ADD Administrative Review ; 2019-2020

A–583–844 Narrow Woven Ribbons w ith Woven Selvedge

From Taiw an Rescission of ADD Administrative Review ; 2019-2020

C–570–059

C–533–874

Certain Cold-Draw n Mechanical Tubing of Car-

bon and Alloy Steel From China and India CVD Orders; correction

A–583–854 Certain Steel Nails From Taiw an Preliminary Determination of No Shipments in the ADD Administra-

tive Review ; 2019-2020

A–351–849 Emulsion Styrene-Butadiene Rubber From

Brazil Final Results of ADD Administrative Review ; 2018-2019

C–557–822 Utility Scale Wind Tow ers From Malaysia Final Aff irmative CVD Determination

A–580–867 Large Pow er Transformers From S. Korea

Final Results of ADD Administrative Review , Final Determination of

No Shipments, and Final Successor-in-Interest Determination;

2018-2019

A–583–869 Passenger Vehicle and Light Truck Tires From

Taiw an Final Aff irmative Determination of Sales at LTFV Correction

A–570–007 Barium Chloride From China Continuation of ADD Order

A–570–893 Certain Frozen Warmw ater Shrimp From

China

Final Results of ADD Administrative Review and Final Determina-

tion of No Shipments; 2019-2020

A–570–051

C–570–052

Certain Hardw ood Plyw ood Products From

China

Notice of Court Decision Not in Harmony w ith Final Scope Ruling

and Notice of Amended Final Scope Ruling Pursuant to Court De-cision

A–570–092 Mattresses From China Rescission of 2020 ADD New Shipper Review

A–533–810 Stainless Steel Bar From India Notice of Court Decision Not in Harmony w ith the Results of the

ADD Administrative Review ; Notice of Amended Final Results

A–533–899

A–821–829

Granular Polytetrafluoroethylene Resin From

India and the Russian Federation

Postponement of Preliminary Determinations in the LTFV Investi-

gations

A–533–838

A–570–892

C–533–839

Carbazole Violet Pigment 23 From India and

China Continuation of AD and CVD Orders

C–570–971 Multilayered Wood Flooring From China Partial Rescission of CVD Administrative Review ; 2019

A–570–040 Truck and Bus Tires From China Rescission of ADD Administrative Review ; 2020-2021

A–580–874

A–557–816

A–523–808

A–583–854

A–552–818

C–552–819

Certain Steel Nails From S Korea,

Malaysia, the Sultanate of Oman,

Taiw an, and Vietnam

Continuation of AD and CVD Orders

A–201–853 Standard Steel Welded Wire Mesh From Mex-

ico Final Determination of Sales at LTFV

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–122–857 Certain Softw ood Lumber Products from Can-

ada Notice of Final Results of ADD Changed Circumstances Review

A–570–909 Certain Steel Nails From China Final Results of ADD Administrative Review and Final Determina-

tion of No Shipments; 2018-2019

A–533–871 Finished Carbon Steel Flanges From India Final Results of ADD Administrative Review and Final Determina-

tion of No Shipments; 2018-2019

A–549–820 Prestressed Concrete Steel Wire Strand From

Thailand Partial Rescission of ADD Administrative Review ; 2020

A–552–831 Seamless Refined Copper Pipe and Tube

From Vietnam

Final Aff irmative Determination of Sales at LTFV and Final Nega-

tive Determination of Critical Circumstances

A–557–820 Silicon Metal From Malaysia Fi LTFVnal Aff irmative Determination of Sales at

C–122–858 Certain Softw ood Lumber Products From Can-

ada

Notice of Initiation and Preliminary Results of CVD Changed Cir-

cumstances Review

C–570–138 Pentafluoroethane (R-125) From China Preliminary Aff irmative CVD Determination and Alignment of Final

Determination w ith Final ADD Determination

A–469–823 Utility Scale Wind Tow ers From Spain Final Determination of Sales at LTFV

C–533–874 Certain Cold-Draw n Mechanical Tubing of Car-

bon and Alloy Steel From India Preliminary Results of CVD Administrative Review ; 2019

A–580–836 Certain Cut-to-Length Carbon-Quality Steel

Plate Products From S. Korea Preliminary Results of ADD Administrative Review ; 2019-2020

A–533–840 Certain Frozen Warmw ater Shrimp From India Preliminary Results of ADD Administrative Review ; 2019-2020

A-489–501 Circular Welded Carbon Steel Standard Pipe

and Tube Products From Turkey

Notice of Court Decision Not in Harmony w ith the Results of the

2017-2018 ADD Administrative Review ; Notice of Amended Final

Results

A–570–073 Common Alloy Aluminum Sheet From China

Preliminary Results of ADD Administrative Review , Partial Rescis-

sion of AD Administrative Review , Preliminary Determination of No Shipments, and Preliminary Successor-in-Interest Determination;

2018-2020

C–570–074 Common Alloy Aluminum Sheet From China Preliminary Results of CVD Administrative Review , Rescission of

Review , in Part, and Intent to Rescind, in Part; 2018-2019

A–201–836 Light-Walled Rectangular Pipe and Tube From

Mexico Final Results of ADD Administrative Review ; 2018-2019

C–570–041 Truck and Bus Tires From China Preliminary Results of CVD Administrative Review , and Rescission

of Review , in Part; 2019

A–570–904 Certain Activated Carbon From China Preliminary Results of ADD Administrative Review , and Preliminary

Determination of No Shipments; 2019-202

A–553–873 Certain Cold-Draw n Mechanical Tubing of Car-

bon and Alloy Steel From India Preliminary Results of ADD Administrative Review ; 2019-2020

A–549–822 Certain Frozen Warmw ater Shrimp From Thai-

land Preliminary Results of ADD Administrative Review ; 2019-2020

A–570–979

C–570–980

Crystalline Silicon Photovoltaic Cells, Whether

or Not Assembled into Modules From China

Preliminary Results of Changed Circumstances Review s, and In-

tent to Revoke the AD and CVD Orders, in Part

A–201–842 Large Residential Washers From Mexico Preliminary Results of the ADD Administrative Review ; 2019-2020

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–473

731–TA–1173 Potassium Phosphate Salts From China [SECOND REVIEW] Scheduling of expedited f ive-year review s

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United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–534-537 731–TA–1274-1278

Certain Corrosion-Resistant Steel Prod-

ucts From China, India, Italy, Korea, and

Taiw an

[REVIEW] Institution of Five-Year Review s

701–TA–540-543

731–TA–1283-1287

and 1290

Cold-Rolled Steel Flat Products From

Brazil, China, India, Japan, Korea, and

the United Kingdom

[REVIEW] Institution of Five-Year Review s

731–TA–1071 Magnesium From China [THIRD REVIEW] Institution of Five-Year Review

731–TA–1070B Tissue Paper From China [THIRD REVIEW] Institution of Five-Year Review

701–TA–526

731–TA–1262 Melamine from China [REVIEW] Scheduling of expedited f ive-year review s

701–TA–521

731– TA–1252–1255

and 1257

Steel Nails From Korea, Malaysia,

Oman, Taiw an, and Vietnam

[REVIEW] Determinations that revocation of the CVD order (Vi-

etnam) and the ADD orders w ould be likely to lead to continua-

tion or recurrence of material injury

701–TA–437

731–TA–1060-1061

Carbazole Violet Pigment 23 From

China and India

[THIRD REVIEW] Determinations that revocation of the CVD order

and the ADD order w ould be likely to lead to continuation or re-

currence of material injury

731–TA–149 Barium Chloride From China

[FIFTH REVIEW] Determinations that revocation of the ADD order

w ould be likely to lead to continuation or recurrence of material

injury

731–TA–1546-1549 Thermal Paper from Germany, Japan,

Korea, and Spain

[FINAL] Scheduling of the Final Phase of Antidumping Duty In-

vestigations

731–TA–1560-1564 Raw Honey From Argentina, Brazil, In-dia, Ukraine, and Vietnam

[PRELIMINARY ] Determinations that there is a reasonable indica-tion that an industry in the United States is materially injured

701–TA–660-661

731–TA–1543-1545

Utility Scale Wind Tow ers From India,

Malaysia, and Spain

[FINAL] Cancellation of Hearing for Final Phase CVD and ADD

Investigations

731–TA–125 Potassium Permanganate From China [FIFTH REVIEW] Scheduling of a Full Five-Year Review

AA1921-167 Pressure Sensitive Plastic TapeFfrom It-

aly [FIFTH REVIEW] Termination of Five-Year Review

701–TA–525

731–TA–1260-1261

Certain Welded Line Pipe From Korea

and Turkey

[REVIEW] Determinations that revocation of the CVD and ADD

orders w ould be likely to lead to continuation or recurrence of

material injury

731–TA–1546-1549 Thermal Paper From Germany, Japan,

Korea, and Spain [FINAL] Scheduling of Record Closing and Final Comments

731–TA–1550-1553 Polyester Textured Yarn from Indonesia,

Malaysia, Thailand, and Vietnam {FINAL] Scheduling of the Final Phase of ADD Investigations

731–TA–753, 754,

and 756

Cut-to-Length Carbon Steel Plate from

China, Russia, and Ukraine

FOURTH REVIEW] Determinations that revocation of the ADD or-

der (China) and the termination of the suspended investigations

(Russia, and Ukraine) w ould be likely to lead to continuation or

recurrence of material injury

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

NQ-2020-004

Certain hot-rolled deformed steel concrete reinforcing

bar in straight lengths or coils, commonly identif ied as

rebar, originating in or exported from Algeria, Egypt, In-

donesia, Italy, Malaysia, Singapore and Vietnam,

Finding that the the dumping has caused injury to

the domestic industry

PI-2021-001 Dumping and subsidizing; Certain container chassis

and container chassis frames, from China

Notice of commencement of preliminary injury in-

quiry

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Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

PI-2021-001

Certain Small Pow er Transformers originating in or ex-

ported from Austria, the Separate Customs Territory of

Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei),

and S Korea,

Preliminary Determination of Injury

Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

RB4 2020 IN Certain concrete reinforcing bar from Oman and

Russia. Notice of f inal determination – Statement of reasons

FAS 2021 UP5 Certain carbon steel fasteners (fasteners) originating

in or exported from China Robertson Inc. (Jiaxing) Notice of close of record and updated schedule

CC 2021 IN Dumping and Subsidizing: Certain container chassis

from China Notice of initiation of investigations

OCTG2 2021 UP2: Certain oil country tubular goods (OCTG) exported to

Canada from South Korea by Nexteel Co., Ltd Notice of normal value review

FAS 2021 UP2

Certain carbon steel fasteners (fasteners) exported

to Canada from Chinese Taipei by Kind-Auspice In-

dustrial Co., Ltd.

Conclusion of normal value review

FAS 2021 UP1 Certain carbon steel fasteners (fasteners) exported

to Canada from Chinese Taipei by New fast Co. Conclusion of normal value review

AE 2021 UP2 Certain aluminum extrusions originating in or ex-

ported from China by Test-Rite Int’l Notice of normal value review

LP2 2020 UP2

certain carbon and alloy steel line pipe (line pipe) ex-

ported to Canada from the Republic of Korea by

Husteel Co., Ltd.

Conclusion of normal value and export price review

NAFTA and USMCA Panels

Case Number Merchandise/Country Action

None this Update

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

EC 9/20 Stainless steel sinks originating in Resolution - Final administrative procedure to examine the valid-

ity of the ADD

EA 3/20 Imports of triethanolamine originating in the United States of America

Preliminary Resolution of the administrative anti-dumping investi-gation procedure

European Union

Reference Merchandise/Country China

(EU) 2021/939 Mono ethylene glycol originating in the

United States and Saudi Arabia

Commission Implementing Regulation (EU) 2021/939 imposing a

provisional ADD

(EU) 2021/940 Birch plyw ood originating in Russia Commission Implementing Regulation imposing a provisional ADD

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European Union

Reference Merchandise/Country China

2021/C 222/05 Certain graphite electrode systems from

India

Notice of the impending expiry of certain anti-subsidy measures

11.03.2022

2021/C 226/03 Certain graphite electrode systems from

India Notice of the impending expiry of certain AD measures 11.03.22

(EU) 2021/970 Certain iron or steel fasteners originating in

China Making imports subject to registration

(EU) 2021/983 Aluminium converter foil originating in the

People’s Republic of China Commission Implementing Regulation imposing a provisional ADD

(EU) 2021/1029 Certain steel products

Commission Implementing Regulation amending Commission Im-

plementing Regulation (EU) 2019/159 to prolong the safeguard

measure on imports

United Kingdom Department for International Trade – Trade Remedies Authority

Case Merchandise/Country Action

2020/04 Biodiesel originating in the USA (including con-signed from Canada)

Determination to transition trade remedies measure.

2020/06 Safeguard measures on certain steel products –

application of TRQs Determination to transition trade remedies measure

2020/35 Ironing boards originating in the People’s Repub-

lic of China Determination to transition trade remedies measure

2020/37 Continuous f ilament glass f ibre products originat-

ing in Egypt Determination to transition trade remedies measure

2020/33 Ammonium nitrate originating in the Russian Fed-

eration Determination to transition trade remedies measure

2020/34

Bicycles and certain bicycle parts originating in

the People’s Republic of China (including bicycles

consigned from Cambodia, Indonesia, Malaysia,

Pakistan, the Philippines, Sri Lanka and Tunisia).

Determination to transition trade remedies measure

2020/07 Wire rod originating in the People's Republic of China

Determination to transition trade remedies measure

2020/12 Certain heavy plate of non-alloy or other alloy

steel originating in the People's Republic of China Determination to transition trade remedies measure

2020/13

Certain hot-rolled f lat products of iron, non-alloy

or other alloy steel originating in the People's Re-

public of China

Determination to transition trade remedies measure

2020/28 Certain organic coated steel products originating

in the People's Republic of China. Determination to transition trade remedies measure

2020/17

Certain hot-rolled f lat products of iron, non-alloy

or other alloy steel originating in Brazil, Iran, the

Russian Federation and Ukraine

Determination to transition trade remedies measure

2020/09

Trade remedies measure suspended if the goods to w hich the

measure applies, on importation into the United Kingdom, are also

subject to the charge of a safeguarding measure applied by Taxa-

tion Notice 2020/06: Safeguard measures on certain steel products

– application of tariff rate quotas

Baker McKenzie

International Trade Compliance Update | July 2021

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103

Australian Anti-Dumping Commission

Notice № Case Merchandise/Country Action

2021/062 577 Aluminium extrusions from Malaysia Findings in relation to an accelerated review

2021/072 583 A4 copy paper from Indonesia Initiation of an investigation

2021/074 550 Precision pipe and tube steel from China,

Korea, Taiw an, Vietnam Preliminary Aff irmative Determination - PAD 550

2021/076 Various Monthly Status Report - May 2021

2021/077 553 Painted steel strapping from China, Vi-

etnam Extension of time to issue Final Report

2021/079 Aluminium extrusions from Malaysia and

Vietnam Expiry of Measures

Government of India Ministry of Finance (Department of Revenue)

Notif ication № Merchandise/Country Action

32/2021-Cus (ADD)

03-06-21

Polytetrafluoroethylene originating in or exported

from Russia Extends ADD upto 31 October, 2021

33/2021-Cus (ADD)

03-06-21

Phenol originating in or exported from European Un-

ion and Singapore Extends ADD upto 31 October, 2021

Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

INITIA TIONS

6/09/2021-DGTR

07-06-21

Resin Bonded Thin Wheels originating in or exported

from China PR Initiates AD Investigation

7/2/2021-DGTR

07-06-21

Plain Medium Density Fibreboard having thickness of

6mm and above originating in or exported from Vi-

etnam

Initiates Sunset Review of ADD imposed

7/10/2021-DGTR

07-06-21

Textured Tempered Coated and Uncoated Glass

originating in or exported from China PR Initiates Sunset Review of ADD imposed

7/11/2021-DGTR

11-06-21

Ammonium Nitrate originating in or exported from

Russia, Georgia and Iran Initiates Sunset Review of ADD imposed

06/21/2020-DGTR

20-06-21

Aluminium Foil 80 micron and below originating in or

exported from China PR, Indonesia, Malaysia and

Thailand

Initiates AD Investigation

FINAL FINDINGS

6/8/2020 – DGTR

08-06-21

Natural Mica based Pearl Industrial Pigments exclud-

ing cosmetic grade originating in or exported from

China PR

Final Findings issued in AD Investigation

Opportunity to Request Administrative Review

In a June 1, 2021 Federal Register notice, the US Department of Commerce an-nounced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with June anniversary dates:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

GERMANY: Certain Cold-Draw n Mechanical Tubing of

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401984985-v11\NA_DMS

104

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Carbon and Alloy Steel A-428-845 6/1/20 - 5/31/21 INDIA: Certain Cold-Draw n Mechanical Tubing of

Carbon and Alloy Steel A-533-873 6/1/20 - 5/31/21

INDIA: Glycine A-533-883 6/1/20 - 5/31/21

Quartz Surface Products A-533-889 12/13/19 - 5/31/21

ITALY: Certain Cold-Draw n Mechanical Tubing of

Carbon and Alloy Steel A-475-838 6/1/20 - 5/31/21

JAPAN: Glycine A-588-878 6/1/20 - 5/31/21

Carbon and Alloy Seamless Standard, Line, and

Pressure (over 4 ½ inches) A-588-850 6/1/20 - 5/31/21

Carbon and Alloy Seamless Standard, Line, and

Pressure (under 4 ½ inches) A-588-851 6/1/20 - 5/31/21

S. KOREA: Certain Cold-Draw n Mechanical Tubing of

Carbon and Alloy Steel A-580-892 6/1/20 - 5/31/21

SR of VIETNAM: Laminated Woven Sacks A-552-823 6/1/20 - 5/31/21

Certain Tool Chests and Cabinets A-552-821 6/1/20 - 5/31/21

SPAIN: Chlorinated Isocyanurates A-469-814 6/1/20 - 5/31/21 Finished Carbon Steel Flanges A-469-815 6/1/20 - 5/31/21

SWITZERLA ND: Certain Cold-Draw n Mechanical Tubing

of Carbon and Alloy Steel A-441-801 6/1/20 - 5/31/21

TAIWAN: Helical Spring Lock Washers A-583-820 6/1/20 - 5/31/21

PR of CHINA: Artist Canvas A-570-899 6/1/20 - 5/31/21

Ceramic Tile A-570-108 11/14/19 - 5/31/21

Certain Cold-Draw n Mechanical Tubing of Carbon

and Alloy Steel A-570-058 6/1/20 - 5/31/21

Certain Tool Chests and Cabinets A-570-056 6/1/20 - 5/31/21

Chlorinated Isocyanurates A-570-898 6/1/20 - 5/31/21

Furfuryl Alcohol A-570-835 6/1/20 - 5/31/21

High Pressure Steel Cylinders A-570-977 6/1/20 - 5/31/21

Polyester Staple Fiber A-570-905 6/1/20 - 5/31/21

Prestressed Concrete Steel Wire Strand A-570-945 6/1/20 - 5/31/21

Silicon Metal A-570-806 6/1/20 - 5/31/21 Tapered Roller Bearings A-570-601 6/1/20 - 5/31/21

TURKEY: Quartz Surface Products A-489-837 12/13/19 - 5/31/21

Countervailing Duty Proceedings

INDIA: Glycine C-533-884 1/1/20 - 12/31/20

Quartz Surface Products C-533-890 10/11/19 - 12/31/20 SR of VIETNAM: Laminated Woven Sacks C-552-824 1/1/20 - 12/31/20

PR of CHINA: Ceramic Tile C-570-109 9/12/19 - 12/31/20

Glycine C-570-081 1/1/20 - 12/31/20

High Pressure Steel Cylinders C-570-978 1/1/20 - 12/31/20

Stainless Steel Flanges C-570-065 1/1/20 - 12/31/20

TURKEY: Quartz Surface Products C-489-838 10/11/19 - 12/31/20

Suspension Agreements

None

Requested Reviews

In a June 11, 2021 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April an-niversary dates. See actual notices for companies requesting review:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

ARGENTINA: Biodiesel A-357-820 4/1/20 - 3/31/21

INDIA: Carbon and Alloy Steel Threaded Rod A-533-887 9/25/19 - 3/31/21

Editor, International Trade Compliance Update

Stuart P. Seidel

Washington, D.C.

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

Baker McKenzie

International Trade Compliance Update | July 2021

401984985-v11\NA_DMS

105

AD/CVD Proceedings - Country/ Merchandise Case No. Period

INDONESIA: Biodiesel A-560-830 4/1/20 - 3/31/21

THAILAND: Certain Frozen Warmw ater Shrimp A-549-822 2/1/20 - 1/31/21

PR of CHINA: 1,1,1,2-Tetrafluoroethane (R-134a) A-570-044 4/1/20 - 3/31/21

Aluminum Extrusions6 A-570-967 5/1/19 - 4/30/20

Alloy and Certain Carbon Steel Threaded Rod A-570-104 9/25/19 - 3/31/21

Certain Activated Carbon A-570-904 4/1/20 - 3/31/21

Certain Aluminum Foil A-570-053 4/1/20 - 3/31/21

Draw n Stainless Steel Sinks A-570-983 4/1/20 - 3/31/21

Magnesium Metal A-570-896 4/1/20 - 3/31/21

Stainless Steel Sheet and Strip A-570-042 4/1/20 - 3/31/21

Wooden Cabinets and Vanities and Components Thereof A-570-106 10/9/19 - 3/31/21

Countervailing Duty Proceedings

INDIA: Carbon and Alloy Steel Threaded Rod C-533-888 7/29/19 -12/31/20

PR of CHINA: Aluminum Extrusions C-570-968 1/1/19 – 12/31/19

Carbon and Alloy Steel Threaded Rod C-570-105 7/29/19 -12/31/20

Certain Aluminum Foil C-570-054 1/1/20 - 12/31/20

Stainless Steel Sheet and Strip C-570-043 1/1/20 - 12/31/20

Wooden Cabinets and Vanities and Components Thereof C-570-107 8/12/19 - 12/31/20

Suspension Agreements

None

Initiation of Sunset Reviews

In a June 1 2021, Federal Register notice, the US Department of Commerce ad-vised that it was automatically initiating a five-year (“Sunset”) review of the anti-dumping and countervailing duty orders listed below.

AD/CVD

DOC Case No.

ITC Case

No. Country Merchandise

A-351-843 731-TA-1283 Brazil Cold-Rolled Steel Flat Products (1st Review )

A-570-029 731-TA-1284 China Cold-Rolled Steel Flat Products (1st Review )

A-570-894 731-TA-1070-B China Tissue Paper Products (3rd Review )

A-570-896 731-TA-1071 China Magnesium Metal (3rd Review )

A-570-026 731-TA-1274 China Corrosion-Resistant Steel Products (1st Review )

A-533-865 731-TA-1285 India Cold-Rolled Steel Flat Products (1st Review ) A-475-832 731-TA-1276 Italy Corrosion-Resistant Steel Products (1st Review )

A-588-873 731-TA-1286 Japan Cold-Rolled Steel Flat Products (1st Review )

A-580-881 731-TA-1287 S. Korea Cold-Rolled Steel Flat Products (1st Review )

A-580-878 731-TA-1277 S. Korea Corrosion-Resistant Steel Products (1st Review )

A-583-856 731-TA-1278 Taiw an Corrosion-Resistant Steel Products (1st Review )

A-412-824 731-TA-1290 UK Cold-Rolled Steel Flat Products (1st Review )

A-533-863 731-TA-1275 India Corrosion-Resistant Steel Products (1st Review )

C-351-844 701-TA-540 Brazil Cold-Rolled Steel Flat Products (1st Review )

C-570-027 701-TA-534 China Corrosion-Resistant Steel Products (1st Review )

C-570-030 701-TA-541 China Cold-Rolled Steel Flat Products (1st Review )

C-533-866 701-TA-542 India Cold-Rolled Steel Flat Products (1st Review )

C-533-864 701-TA-535 India Corrosion-Resistant Steel Products (1st Review )

C-475-833 701-TA-536 Italy Corrosion-Resistant Steel Products (1st Review )

C-580-882 701-TA-543 S. Korea Cold-Rolled Steel Flat Products (1st Review )

C-580-879 701-TA-537 S. Korea Corrosion-Resistant Steel Products (1st Review )

Baker McKenzie

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106

Advance Notification of Sunset Reviews

In a June 1, 2021, Federal Register notice, the US Department of Commerce ad-vised that the following cases were scheduled for five-year (“Sunset”) reviews for July 2021.

AD/CVD Proceedings - Merchandise/Country Case No.

Antidumping Duty Proceedings

Carbon Steel Butt-Weld Pipe Fittings from Brazil A-351-602 (5th Review )

Carbon Steel Butt-Weld Pipe Fittings from China A-570-814 (5th Review )

Hydrofluorocarbon Blends and Components Thereof from China A-570-028 (1st Review )

Porcelain-on-Steel Cooking Ware from China A-570-506 (5th Review )

Carbon Steel Butt-Weld Pipe Fittings from Japan A-588-602 (5th Review )

Stainless Steel Wire Rod from Japan A-588-843 (4th Review )

Stainless Steel Wire Rod from South Korea A-580-829 (4th Review )

Carbon Steel Butt-Weld Pipe Fittings from Taiw an A-583-605 (5th Review )

Stainless Steel Wire Rod from Taiw an A-583-828 (4th Review )

Carbon Steel Butt-Weld Pipe Fittings from Thailand A-549-807 (5th Review )

No Sunset Review of countervailing duty orders is scheduled for initiation in July 2021

No Sunset Review of suspended investigations is scheduled for initiation in July 2021

Baker McKenzie

International Trade Compliance Update | July 2021

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107

Sunny Mann

Global Chair

International Commercial & Trade

International Commercial & Trade Leadership Team

Regional Chairs / Steering Committee

Anne Petterd Sy dney

Asia Pacif ic

Geert Bov y Brussels

EMEA

Alejandro C. Mesa-Neira Bogota

Latin America

Jennifer Trock Washington DC North America

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