International Trade Compliance Update · 2019-03-14 · Morocco -Definitive Anti-Dumping Measures...

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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 | March 2019

Please see our Webinars, Meetings, Seminars section for contact and regis-tration information for the new webinars in our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges,” as well as links to past webinars and information on other events.

In addition, there are links to the video recordings, PowerPoints and handout materials of the

� 2018 Year-End Import/Export Review in Santa Clara and

� 2017 Year-End Import/Export Review in Santa Clara as well as Presentation Materials from the

� Asia Pacific International Commercial and Trade Client Confer-ence (Tokyo November 2018).

To keep abreast of international trade-related news, visit our blogs:

For International Trade Compliance Updates, please regularly visit

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For additional articles and updates on trade sanctions and export controls, please visit:

http://sanctionsnews.bakermckenzie.com/ regularly.

For resources and news regarding international trade, particularly in Asia, please visit our Trade

Crossroads blog at http://tradeblog.bakermckenzie.com/.

To see how BREXIT (the UK exiting the EU) may affect your business, visit

http://brexit.bakermckenzie.com/

For additional compliance news and comment from around the world, please visit

http://globalcompliancenews.com/.

Note: Unless otherwise indicated, all information in this Update is taken from official ga-zettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source usually may be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered.

In This Issue:

World Trade Organization (WTO)

World Customs Organization (WCO)

Other International Matters

The Americas

- North America

- South America

Asia-Pacific

Europe, Middle East and North Africa

- EU-EFTA

- Non-EU-EFTA

- Eurasian Economic Union (EAEU)

- Middle East/North Africa

Africa (except North Africa)

Trade compliance enforcement ac-tions - import, export, IPR, FCPA

Newsletters, reports, articles, etc.

Webinars, Meetings, Seminars, etc.

WTO TBT Notifications

CBP Rulings: Revocations or Modifi-cations

European Classification Regulations

Section 337 Actions

Antidumping, Countervailing Duty and Safeguard Investigations, Or-ders & Reviews

Editor, International Trade Com-pliance Update

Stuart P. SeidelWashington, D.C.+1 202 452 [email protected]

This may qualify as “Attorney Advertis-ing” requiring notice in some jurisdic-tions. Prior results do not guarantee a similar outcome.Please see copyright and acknowl-edgements on the last page

Please see copyright and acknowl-

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International Trade Compliance Update | March 2019 2

World Trade Organization (WTO)

Appellate Body appointments

At the Dispute Settlement Body (DSB) meeting on 25 February 2019, Mexico, speaking on behalf of 73 WTO members, once again introduced the group's pro-posal calling for the establishment of a selection committee for the appointment of new Appellate Body members, the submission of candidates within 30 days, and the issuance by the committee of recommendations within 60 days. Four va-cancies now exist on the Appellate Body, which normally has seven members, with two more members due to depart in December.

The United States once again said it was not in a position to agree to the joint pro-posal. As explained in previous meetings, the US said the systemic concerns it has identified remain unaddressed. These concerns include appellate rulings that go far beyond the text setting out WTO rules in areas such as subsidies, anti-dumping du-ties, anti-subsidy duties, standards and technical barriers to trade, and safeguards. The Appellate Body has also issued advisory opinions on issues not necessary to re-solve a dispute and reviewed panel fact-finding despite appeals being limited to legal issues.

Furthermore, the Appellate Body has asserted that panels must follow its rulings alt-hough WTO members have not agreed to a system of precedent in the WTO, and has continuously disregarded the 90-day deadline for issuing rulings, the United States said. And for more than a year the US has been calling on WTO members to correct the situation where the Appellate Body acts as if it has the power to permit ex-Appellate Body members to continue to decide appeals even after their terms of office have expired. The US will continue to insist that WTO rules be followed by the WTO dispute settlement system, and will continue with efforts to seek a solution to these important issues.

More than 20 WTO members intervened on the matter. These members largely reiter-ated concerns voiced in previous DSB meetings, namely: that the impasse was of growing concern given that the terms for two of the three remaining Appellate Body members will expire in December, essentially rendering the Appellate Body inopera-tive; that members had an obligation under Article 17.2 of the WTO's Dispute Settle-ment Understanding to fill Appellate Body vacancies as they arise; and that, while they were ready to engage in discussions to end the impasse, the question of filling vacancies and the question of how to address concerns regarding the Appellate Body were different issues which should not be linked.

Many of those who intervened welcomed the discussions taking place as part of the informal process launched under the General Council to overcome the impasse in the selection of Appellate Body members and encouraged all members to take an ac-tive part in the deliberations.

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

DS578Morocco - Definitive Anti-Dumping Measures on School Exercise Books from Tunisia -Request for consultations by Tunisia

02-27-19

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. (Click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents):

The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal de-velopments and issues of signifi-cance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of Interna-tional Trade law.

Comments on this Update may be sent to the Editor:


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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DS No. Case Name Activity Date

DS464United States — Anti-Dumping and Counter-vailing Measures on Large Residential Wash-ers from Korea (Complainant: S. Korea)

Arbitrator issues de-cision

08-02-19

DS567Saudi Arabia – Measures Concerning The Pro-tection Of Intellectual Property Rights (Com-plainant: Qatar)

Panel composed 19-02-19

DS472Brazil - Certain Measures Concerning Taxation and Charges (Complainant: EU)

Communication from the EU and Brazil; Japan and Brazil 22-02-19

DS518India – Certain Measures on Imports of Iron and Steel Products (Complainant: Japan)

Communication from the Appellate Body

DS573Turkey — Additional duties on imports of air conditioning machines from Thailand (Com-plainant: Thailand)

Panel requested by Thailand

25-02-19

DS511China- Domestic Support for Agricultural Pro-ducers (Complainant: US)

Panel report with Ad-dendum

28-02-19DS529

Australia - Anti-Dumping Measures on A4 copy Paper (Complainant: Indonesia)

Communication from the Panel with Ad-dendum

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

01-02-19MENA�Heads�of�Customs�discuss�the�region’s�increasing�involvement�in�WCO�activities

04-02-19East African Customs Gets Together Again to Enhance Border Control through PGS

05-02-19WCO MENA Regional Workshop on Free Zones/Special Customs Zones, Tangiers, Morocco

06-02-19The WCO organized a National IPR Workshop for Ghanaian Customs in Accra, 28 January - 1 February 2019

07-02-19WCO support Burundi to finalize its national TRS projectWCO mission to Zimbabwe to support implementation of an advance ruling sys-tem

08-02-19Enhancing role of National Contact Points for Capacity Building in WCO Europe Region

11-02-19WCO supports Pakistan with enhancing ICT implementation and AEO Pro-gramme

12-02-19

WCO�successfully�pilots�a�recently�launched�‘Advanced�Post�Clearance�Audit’�workshop package in MalawiWCO Conducts Successful Scoping Mission to El Salvador, Under the Mercator ProgrammeThird WGRKC Meeting paved a solid ground for further discussions of Mem-bers’�proposalsFirst WCO Global Accreditation Workshop on Human Resource Management

13-02-19 Bosnia and Herzegovina moves forward with the AEO implementation

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Date Title

The Bahamas Customs & Excise Department Revitalize Strategic DirectionWCO Audit Committee holds its 13th Meeting

18-02-19

New Program to Support WCA Regional Strategy on “Experts Pool” Launched in�Cote�d’IvoireDeveloping Regional ECP Trainers for WCO ESA RegionMunich Security Conference considers illicit trade by transnational organized crime syndicates as a border security issue

20-02-19

WCO supports Azerbaijan Customs in adopting a blended training approach through the use of WCO e-Learning modulesWCO conducts a Post Clearance Audit (PCA) diagnostic for the National Board of Revenue of BangladeshUN appreciates WCO contribution to SDGs, Security, and Protection of Cultural Heritage

21-02-19

Regional Workshop on Air Cargo Security and Facilitation – an opportunity for enhanced collaboration between Customs and Aviation Authorities working on the groundOman host a WCO Regional Workshop on Customs Laboratories for the MENA Region

25-02-19

WCO Workshop on Risk and Compliance Management in support of Thai Cus-tomsNew Strategic Plan for Antigua & BarbudaWCO supported the Saudi Customs Modernization programme with an IT Diag-nostic and a WCO Data Model workshopMalta Customs maximizes opportunities for small island economies

26-02-19

Working Group on E-Commerce concludes its work with the finalization of a comprehensive E-Commerce PackageWCO Supports Bahamas on Advance Ruling System for Classification, Origin and ValuationOman Customs Project “Bayan” Won the Award of the Best Integrated Govern-ment ProjectLatest edition of WCO News now available

27-02-19

The Administrative Committee for the Container Convention holds its 17th Ses-sionMis-declared Lithium BatteriesSteering Committee of the WCO ESA Project II meets in Botswana

28-02-19

CEN Training at RILO WE Office for NCP from Malta CustomsWCO delivers CITES and Cultural Heritage trainings in Cuba within the frame-work of the WCO-UNODC Container Control ProgrammeWCO Sub-regional Train-the-trainer Workshop on Programme Global Shield in Kuala Lumpur (Malaysia)

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

01-02-19 2019/010 Summary record of the 70th meeting of the Standing Committee

05-02-192019/011 Declaration of stocks of rhinoceros horn2019/012 Elephant ivory stocks: marking, inventories and security

07-02-192019/013 List of valid Notifications

� Annex: List of valid Notifications (total: 127)

13-02-191019/014 Eighteenth meeting of the Conference of the Parties – Updated logis-tical information

15-02-19 2019/015 Registration of operations that breed Appendix-I animal species in

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Date Title

captivity for commercial purposes2019/016 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes

25-02-192019/017 Seventy-first and seventy-second meetings of the Standing Commit-tee

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.

� Brazil - FAIRS Report

� Burma - FAIRS Report

� Colombia - Exporter Guide

� Colombia - FAIRS Report

� Ethiopia - FAIRS Report

� EU - FAIRS Report



� France - Food Processing Ingredients

� Ghana - FAIRS Report

� Ghana - FAIRS Report

� Guatemala - FAIRS Report

� Hong Kong - Hong�Kong’s�Import�Regulations�for�American�Ginseng

� India - Compliance Timeline Extended for Labeling of Milk and Milk Products

� India - Compliance Timeline Extended on Standards for Fortified Foods

� India - Compliance Timeline Extended on Tolerance Limits for Contaminants

� India - FSSAI Directives for Nutraceutical Foods Regulation

� India - Rectifiable Labeling for Alcoholic Beverages

� Japan - Health Ministry Invites Comments on Genome Edited Food Policy

� Japan - Exporter Guide

� Japan - Japan Adds Whey for Liquid Infant Formula to TRQ

� Japan - Japan Revises Pork WTO Safeguard and Marukin

� Japan - Notifies WTO for Guanidinoacetic Acid Designation as a Feed Additive

� Japan - Notifies WTO of Revised Difenoconazole Residue Standards

� Japan - Notifies WTO of Revised Fenitrothion Residue Standards

� Japan - Notifies WTO of Revised Flupyrimin Residue Standards

� Japan - Notifies WTO of Revised Flutriafol Residue Standards

� Japan - Notifies WTO of Revised Spirotetramat Residue Standards

� Japan - Notifies WTO of Revised Standards and Specifications for Phytase

� Japan - Notifies WTO of Revised Tetraconazole Residue Standards

� Japan - Notifies WTO of Revised Triforine Residue Standards

� Japan - Proposes Revoking Tylosin Phosphate as a Feed Additive

� Jordan - Exporter Guide

� Macau - Macau Lifts Ban on Poultry Products from Select Asian Countries

� Malaysia - Exporter Guide

� Mexico - FAIRS Report

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� Mexico - FAIRS Report

� Morocco - Control of Conformity for Imported Products

� Morocco - Food Labeling Requirements

� Morocco - Import Requirements for Raw Hides and Skins

� Morocco - US-Morocco FTA - Market Access Changes in 2019

� Morocco - Varietal Approval Requirement on Imported Planting Seeds

� Netherlands -Exporter Guide_The Hague_Netherlands

� Nicaragua - Exporter Guide

� Philippines - FAIRS Report

� Philippines - FAIRS Report

� Poland - GE Feed Ban Postponed for Two Years

� Romania - FAIRS Report

� Russia - Draft Amendments to EAEU Technical Regulation on Food Additives

� Russia - FAIRS Report

� S. Korea - FAIRS Report

� Singapore - Exporter Guide

� Singapore - FAIRS Report

� Singapore - FAIRS Report

� Taiwan - Taiwan 2019 Enhanced Inspection List for U.S. Products

� Thailand - Exporter Guide

� Tunisia - Cheese-like Product Specifications and Labeling Requirements

� Tunisia - Controls on Salmonella in Poultry

� Tunisia - Controls on Transmissible Spongiform Encephalopathies in Ruminants

� Tunisia - Food and Feed Safety Law

� Tunisia - Law on Animal Husbandry and Animal Products

� Tunisia - Law on Veterinary Controls for Imported Animals and Animal Products

� Tunisia - List of Animals and Products Subject to Traceability

� Tunisia - Order on Food Additives

� Tunisia - Sanitary Requirements of Meat and Poultry Establishments

� Tunisia - Veterinary-Sanitary Control at the Border

� Tunisia - Veterinary-Sanitary Fees on Imported Animals and Animal Products

� Turkey - Exporter Guide

� Vietnam - MARD Renews HS Codes for Goods subject to Import Inspection

� Vietnam - Vietnam National Assembly passes the Animal Husbandry Law

The Americas - North America

CANADA

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

02-02-19

ENVIRONMENT: Ministerial Condition No. 19668 (N)Ministerial Condition No. 19768 (N).Order 2018-87-06-02 Amending the Non-domestic Substances List (N)Order 2019-87-01-02 Amending the Non-domestic Substances List (N)

ENVIRONMENT/ HEALTH: Publication of final decision after screening assessment of two substances — benzenesulfonic�acid,�2,2′-(1,2-ethenediyl)bis[5-[[4-

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Publication Date

Title

[bis(2- hydroxyethyl)amino]-6-(phenylamino)- 1,3,5-triazin-2-yl]amino]-, diso-dium salt (C.I. Fluorescent Brightener 28, disodium salt), CAS RN 4193-55-9, and�benzenesulfonic�acid,�2,2′- (1,2-ethenediyl)bis[5-[[4-(4-morpholinyl)- 6-(phenylamino)-1,3,5-triazin-2-yl]amino]-, disodium salt (Fluorescent Brightener FWA-1), CAS RN 16090-02-1 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N)ENVIRONMENT/ HEALTH: Publication of final decision after screening assessment of two substances — phosphorous acid, 2-ethylhexyl diphenyl ester (EHDPP), CAS RN 15647-08-2, and phosphorous acid, diisodecyl phenyl ester (DIDPP), CAS RN 25550-98-5 — specified on the Domestic Substances List (subsec-tion 77(6) of the Canadian Environmental Protection Act, 1999) (N)

02-06-19

ENVIRONMENT AND CLIMATE CHANGE: Order 2018-87-06-01 Amending the Do-mestic Substances List (SOR/2019-16, January 23, 2019) (O)ENVIRONMENT AND CLIMATE CHANGE: Order 2019-87-01-01 Amending the Do-mestic Substances List (SOR/2019-19, January 24, 2019) (O)ENVIRONMENT AND CLIMATE CHANGE: Order 2019-66-01-01 Amending the Do-mestic Substances List (SOR/2019-20, JANUARY 24, 2019) (O)NATURAL RESOURCES: Order Amending the Schedule to the Export and Import of Rough Diamonds Act (SOR/2019-21, January 28, 2019) (O)

02-09-19

ENVIRONMENT: Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indi-cate that subsection 81(3) of that Act applies to the substance hexanedi-oic acid, diisodecyl ester, also known as DIDA (N)ENVIRONMENT: Order 2019-87-02-02 Amending the Non-domestic Substances List (O)ENVIRONMENT/ HEALTH: Publication of final decision after screening assessment of a substance — hexanedioic acid, diisodecyl ester (DIDA), CAS RN 27178-16-1 — specified on the Domestic Substances List (subsection 77(6) of theCanadian Environmental Protection Act, 1999) (N)ENVIRONMENT/ HEALTH: Publication of final decision after screening assessment of nine substances in the Benzoates Group specified on the Domestic Sub-stances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N)

02-16-19

ENVIRONMENT/ HEALTH: Publication of final decision after screening assessment of three substances in the Trimellitates Group — 1,2,4-Benzenetricarboxylic acid, tris(2-ethylhexyl) ester (TEHT), CAS RN 3319-31-1; 1,2,4-Benzenetricar-boxylic acid, mixed branched tridecyl and isodecyl esters (BTIT), CAS RN 70225-05-7; and 1,2,4-Benzenetricarboxylic acid, tritridecyl ester (TTDT), CAS RN 94109-09-8 — specified on the Domestic Substances List (subsec-tion 77(6) of the Canadian Environmental Protection Act, 1999) (N)HEALTH: Notice of intent — Potential measures to reduce the impact of vaping product advertising on youth and non-users of tobacco products pursuant to the Tobacco and Vaping Products Act (N)

02-20-19

ENVIRONMENT:Order 2019-66-02-01 Amending the Domestic Substances List (SOR/2019-34, January 31, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (O)ENVIRONMENT: Order 2019- 87-02-01 Amending the Domestic Substances List (SOR/2014-32, January 31, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (O)ENVIRONMENT:Order 2019- 112-02-01 Amending the Domestic Substances List (SOR/2019-33, January 31, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (O)FOREIGN AFFAIRS: Order Amending the Import Control List (SOR/2019-37, Jan-uary 31, 2019) pursuant to the Export and Import Permits Act

02-23-19

ENVIRONMENT: Ministerial Condition No. 19725 (Paragraph 84(1)(a) of the Ca-nadian Environmental Protection Act, 1999) [C20-24-alkane hydroxy and C20-24-

alkene, sodium salts, Chemical Abstracts Service Registry No. 97766-43-3]ENVIRONMENT: Notice with respect to the proposed Release Guidelines for Dis-perse Yellow 3 and 25 other azo disperse dyes in the textile sector

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Restrictive measures

The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website.

Publication Date

Title

02-09-19PUBLIC SAFETY AND EMERGENCY PREPAREDNESS: Two-year review of list of enti-ties established pursuant to section 83.05 of the Criminal Code (N)

02-20-19PUBLIC SAFETY AND EMERGENCY PREPAREDNESS: Regulations Amending the Regulations Establishing a List of Entities (SOR/2019-45, February 11, 2019) pursuant to the Criminal Code

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.

No additional advance rulings were posted by the CBSA during the period cov-ered by this Update.

D-Memoranda and CNs revised or cancelledThe 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

02-04-19 CN 18-17Provisional Safeguard Measures Imposed on the Importation of Certain Steel Goods (Revised)

02-19-19 D10-18-6 First-come, First-served Agricultural Tariff Rate Quotas02-28-19 CN 19-04 The use of the generic sub-location (9000) code in all modes

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 whichappear to apply to international trade are listed. (An unofficial English translation is shown.)

Publication Date

Title

02-06-19

HACIENDA: Acuerdo that extends the validity of the acuerdos between the Min-istry of Finance and Public Credit and the State of Sonora, for the temporary admission and importation of vehicles to said federal entity, published on No-vember 25, 2005

02-07-19 ECONOMY: Acuerdo that gives rise to Decision No. 97 of the Administrative

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Publication Date

Title

Commission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on December 24, 2018.

02-15-19

ECONOMY: Clarification to the Agreement by which the import quotas for cer-tain Textile and Garment Goods under the List of Limited Supply and Syn-thetic Garments for Babies are made known, in accordance with the Compre-hensive and Progressive Trans-Pacific Partnership Treaty published on 30 November 2018.

02-22-19ECONOMY: Acuerdo that modifies the diverse one by which the classification and codification of Hydrocarbons and Petroleum is established, whose import and export is subject to Prior Permit by the Secretary of Energy.

02-26-19

HACIENDA: Acuerdo by which quotas are disclosed for the transfer of national waters.ECONOMY: Rules of Operation of the Program for the Development of the Soft-ware Industry (PRpublished iOSOFT) and Innovation for the fiscal year 2019

02-27-19ECONOMY: Rules of Operation of the Program for Productivity and Industrial Competitiveness for the fiscal year 2019


No Mexican antidumping or countervailing duty cases were published in the Dia-rio Oficial during the past month.

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 MAY NOT BE LISTED.]

Presidential documents

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

Date Subject

02-05-19Executive Order 13858 of January 31, 2019 Strengthening Buy-American Pref-erences for Infrastructure Projects

02-12-19Proclamation 9842 of February 7, 2019 - Addressing Mass Migration Through the Southern Border of the United States

02-13-19

Memorandum of December 21, 2018 Delegation of Functions and Authorities Under Section 1245 of the National Defense Authorization Act for Fiscal Year 2019Memorandum of January 15, 2019 Delegation of Functions and Authorities Un-der the Hizballah International Financing Prevention Act of 2015, as Amended, and the Hizballah International Financing Prevention Amendments Act of 2018

02-14-19Executive Order 13859 of February 11, 2019 - Maintaining American Leader-ship in Artificial Intelligence

02-20-19Proclamation 9844 of February 15, 2019 - Declaring a National Emergency Concerning the Southern Border of the United States

02-21-19

Notice of February 19, 2019 - Continuation of the National Emergency With Respect to Cuba and Continuing to Authorize the Regulation of the Anchorage and Movement of VesselsNotice of February 19, 2019 - Continuation of the National Emergency With Re-spect to Libya

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President delays increasing sec. 301 list 3 tariffs because of “sub-stantial progress” in US-China trade negotiations

On February 24, 2019, President Trump announced on Twitter that he would be postponing an increase in tariffs against China, and that he plans to meet with Chinese President Xi Jinping to reach a conclusion on a final trade agreement.

The President’s�tweet said:

I am pleased to report that the U.S. has made substantial progress in our trade talks with China on important structural issues including intellectual property protection, technology transfer, agriculture, services, currency, and many other issues. As a re-sult of these very productive talks, I will be delaying the U.S. increase in tariffs now scheduled for March 1. Assuming both sides make additional progress, we will be planning a Summit for President Xi and myself, at Mar-a-Lago, to conclude an agree-ment. A very good weekend for U.S. & China!

President continues national emergencies with respect to Libya and Cuba

On February 21, 2019, the Federal Register published Presidential No tice of February 19, 2019 - Continuation of the National Emergency With Respect to Libya, which continues for an additional year the national emergency first de-clared in Executive Order 13566 (February 25, 2011). The national emergency is being continued for an additional year because the situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign pol-icy of the United States, and measures are needed to protect against the diver-sion�of�assets�or�other�abuses�by�members�of�Qadhafi’s�family,�their�associates,�and other persons hindering Libyan national reconciliation.

On February 21, 2019, the Federal Register published Presidential Notice of February 19, 2019 - Continuation of the National Emergency With Respect to Cuba and Continuing to Authorize the Regulation of the Anchorage and Move-ment of Vessels. The notice continues the national emergency first proclaimed by Proclamation 6867 of March 1, 1996, expanded by Proclamation 7757 of Febru-ary 26, 2004, and modified by Proclamation 9398 of February 24, 2016. The na-tional emergency was modified and continued on February 22, 2018, by Procla-mation 9699, based on a disturbance or threatened disturbance of the interna-tional relations of the United States related to Cuba. The national emergency is being continued for an additional year because the unauthorized entry of any United States registered vessel into Cuban territorial waters and the situation in Cuba continue to pose an unusual and extraordinary threat to the national secu-rity and foreign policy of the United States.

Updates�to�the�‘Buy�American,�Hire�American’�initiative

There�have�been�two�recent�updates�to�the�‘Buy�American,�Hire�American’�initia-tive�(aka�‘the�better�enforce�our�government�procurement�rules�of�origin’�initia-tive) that we believe will have consequences for companies that sell products to the government directly or indirectly.

The first is a recent United States General Accountability Office (GAO) report en-titled “Buy American Act: Actions Needed to Improve Exception and Waiver Re-porting and Selected Agency Guidance“ (December 2018). The GAO looked at how the Buy American Act of 1933 has been implemented in the $500+ billion federal procurement market. In particular, the GAO examined (i) how the federal

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government procures foreign (non-US) products through Buy American Act waiv-ers and exceptions, and (ii) how 4 selected agencies (DOD, HHS, DHS, and the VA) provide training and guidance to implement the Buy American Act. In short, the GAO concluded that, of the $508 billion the federal government spent in FY2017, approximately $7.8 billion was spent on foreign end products (using waivers, exceptions or concluding that the Buy American Act did not apply). That said, the GAO also found that, due to limitations in how the data is reported/cap-tured, the inconsistent training provided contracting officers across the agencies, and the mistakes uncovered in the sample contracts that were reviewed, this amount could well be higher. In short, federal agencies are not doing as well as they should in applying the Buy American Act provisions to their procurements.

The second is the executive order President Trump signed late last month enti-tled “Executive Order on Strengthening Buy-American Preferences for Infrastruc-ture Projects“ (January 31, 2019). While this order generally restates the princi-ples set forth in the previous order, it extends those principles to the financial as-sistance federal agencies provide to non-federal recipient organizations (i.e., loans, loan guarantees, grants, etc.). According to the Administration, federal agencies award more than $700 billion a year in financial assistance to such or-ganizations and that, often, the recipients do not include Buy American consider-ations in their contracts. This executive order requires federal agencies to “en-courage recipients of new Federal financial assistance awards . . . to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable against such Fed-eral financial assistance award.” In short, federal agencies that provide financial assistance to non-federal entities (e.g., state or municipalities) for projects need to “encourage” the entities that received federal financial assistance to include Buy American-type provisions in their contracts.

As a result of these developments, we expect that Buy American Act/Trade Agreements Act compliance will become an even bigger enforcement priority. We expect that contracting entities, both at the federal and sub-federal level, will begin scrutinizing certifications as to country of origin/compliance more closely than has generally been done in the past. Accordingly, if you are selling directly or indirectly to the government, we recommend that you review your processes for ensuring that your “Buy America” certifications are accurate and auditable (i.e., make sure you are conducting the right analysis and retaining the right sup-porting documentation). Companies that are confident in their programs should have a distinct advantage in this space for the foreseeable future.

We hope this is helpful. If you have any questions about these issues, please let us know. [Author: Ted Murphy.]

Bi-partisan legislation introduced to limit President’s�power�to�im-pose tariffs

On January 31, 2019, bipartisan bills H.R. 940 and S. 287 entitled, “Bicameral Congressional Trade Authority Act of 2019” were introduced in the House and Senate. The bills would amend the Trade Expansion Act of 1962 to impose limi-tations on the authority of the President to adjust imports that are determined to threaten to impair national security. The bills redefine and limit national security; transfer investigations under section 232 to the Secretary of Defense, rather than the Secretary of Commerce and transfer exclusion authority to the US Interna-tional Trade Commission from Commerce. The bills would limit the time for the

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import adjustments and require Congress to affirmatively agree to the import ad-justments. The bills are retroactive and any action that does not receive Congres-sional approval would be terminated within a specified period. Reliquidations of entries is authorized. Although there were originally many co-sponsors when the bills were introduced, several have since withdrawn as co-sponsors.

On February 6, 2019, H.R. 1008 and S.365, entitled “The Trade Security Act of 2019,” were introduced in the House and Senate. These bills would amend sec-tion 232 of the Trade Expansion Act of 1962 to require the Secretary of Defense to initiate investigations and to provide for congressional disapproval of cer-tain actions. These bills also have co-sponsors from both parties. The Trade Se-curity Act would not apply to the steel or aluminum tariffs currently in place.

USTR�releases�2018�reports�on�China’s�and�Russia’s�WTO�compli-ance

On February 4, 2019, the Office of the US Trade Representative (USTR) re-leased annual reports (required by law) assessing�China’s�and�Russia’s�imple-mentation of their respective World Trade Organization (WTO) commitments.

The US Trade Representative said China and Russia present unique and serious challenges for members of the WTO and the multilateral trading system, largely because of their failure to embrace the pursuit of open, market-oriented policies. China became a member of the WTO in 2001 and Russia joined the WTO in 2012.

� The�complete�report�on�China’s�WTO�compliance�can�be�found here.

� The�complete�report�on�Russia’s�WTO�compliance�can�be�found here.

ITC revises schedules for Sec. 337 complaints

On February 2, 2019, the US International Trade Commission (ITC) published in the Federal Register a notice of revised deadlines for Section 337 complaints pending before the ITC when normal operations were suspended due to a lapse in funding on December 22, 2019. The ITC has determined to extend by 35 days the dates by which it decides whether to institute investigations based on the four complaints entitled Certain Pocket Lighters, DN 3355, and Certain Pickup Truck Folding Bed Cover Systems and Components Thereof, DN 3356, the dates for which are February 11, 2019, and February 19, 2019, respectively. The ITC has determined to extend until February 28, 2019, its decisions whether to institute investigations based on the complaints entitled Certain Dental and Orthodontic Scanners and Software, DN 3357, and Certain Integrated Circuits and Products Containing the Same, DN 3358.

ITC investigations

The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investiga-tions (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release)

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Date Investigation. No. and titleRequested

by:

02-04-19

Inv. Nos. TA-131-045 and TPA-105-106 U.S.-UK Trade Agree-ment: Advice on the Probable Economic Effect of Providing Duty -free Treatment for Currently Dutiable Imports (Cancellation of Hearing)

02-15-19

Inv. No. 332-565 American Manufacturing Competitiveness Act; Effects of Temporary Duty Suspensions and Reductions on the U.S. Economy (N) [Change in dates due to lapse in appropria-tion]Inv. Nos. TA-131-044 and TPA-105-005 U.S.-EU Trade Agree-ment: Advice on the Probable Economic Effect of Providing Duty -free Treatment for Currently Dutiable Imports (N) [Change in dates due to lapse in appropriation]Inv. Nos. TA-131-045 and TPA-105-006 U.S.-UK Trade Agree-ment: Advice on the Probable Economic Effect of Providing Duty -free Treatment for Currently Dutiable Imports (N) [Change in dates due to lapse in appropriation]

02-19-19

Inv. No. TPA-105-003 - United States-Mexico-Canada Agree-ment: Likely Impact on the U.S. Economy and on Specific Indus-try Sectors (N) [Change in date for transmittal of Commission re-port to the President and Congress]Inv. No. 332-569 - U.S. SME Exports: Trade-Related Barriers Af-fecting Exports of U.S. Small- and Medium-Sized Enterprises to the United Kingdom (N) [Change in dates]Inv. No. TA-131-043 and TPA-105-004 - U.S.-Japan Trade Agreement: Advice on the Probable Economic Effect of Provid-ing Duty-Free Treatment for Currently Dutiable Imports (N) [Change in date for transmittal of Commission report to the United States Trade Representative (USTR)]

USTR

02-22-19Inv. No. TA-204-013: Large Residential Washers: Monitoring De-velopments in the Domestic Industry (N)

CBP publishes quarterly interest rates

On February 20, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that advises the public that the quarterly In-ternal Revenue Service interest rates used to calculate interest on overdue ac-counts (underpayments) and refunds (overpayments) of customs duties will in-crease from the previous quarter. For the calendar quarter beginning January 1, 2019, the interest rates for overpayments will be 5 percent for corporations and 6 percent for non-corporations, and the interest rate for underpayments will be 6 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.

CBP changes location for 21st Century Customs Framework meet-ing

On February 12, 2019, CBP published in the Federal Register a notice [Docket No. USCBP-2018-0045] announcing a change in location for “The 21st Century Customs Framework” public meeting to be held on Friday, March 1, 2019. The public meeting was held at the US Department of Commerce, Herbert Hoover Auditorium.

“The 21st Century Customs Framework” seeks to address and enhance numer-ous�aspects�of�CBP’s�trade�mission�to�better�position�the�agency�to�operate�in�the 21st century trade environment. Through preliminary efforts, CBP has identi-fied key themes for which CBP seeks public input: (1) Emerging Roles in the

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Global Supply Chain; (2) Intelligent Enforcement; (3) Cutting-Edge Technology; (4) Data Access and Sharing; (5) 21st Century Processes; and (6) Self-Funded Customs Infrastructure. For brief descriptions of each theme please refer to the December 21, 2018 public meeting announcement in the Federal Register (83 Fed. Reg. 65703).

COAC meeting set for February 27, 2019

On February 11, 2019, CBP published in the Federal Register a notice [Docket No. USCBP–2019–0005] announcing the Commercial Customs Operations Advi-sory Committee (COAC) quarterly meeting on Wednesday, February 27, 2019, in Washington, DC.

Agenda

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

1. The Secure Trade Lanes Subcommittee will present plans for the scope and activi-ties of the Trusted Trader and CTPAT Minimum Security Criteria Working Groups. Recommendations will be presented regarding the proposed Forced Labor Trusted Trader Strategy. The subcommittee will also deliver recommendations from the Petro-leum Pipeline Working Group for CBP to develop and codify uniform reporting proce-dures for pipeline carriers as well as entry and bonding procedures for importers. The subcommittee will also deliver recommendations from the InBond Working Group re-garding potential automation and process enhancements.

2. The Intelligent Enforcement Subcommittee will provide necessary updates from the Anti-Dumping and Countervailing Duty, Bond, and Forced Labor Working Groups and recommendations from Intellectual Property Rights Working Group.

3. The Next Generation Facilitation Subcommittee will discuss the ECommerce Work-ing�Group’s�progress�on�mapping�the�supply�chains�of�various�modes�of�transporta-tion to identify the differences between e-commerce and traditional channels to ad-dress�CBP’s�strategic�plan�regarding�e-commerce threats and opportunities for both the government and trade. The subcommittee will also provide an update on the sta-tus�of�the�Emerging�Technologies�Working�Group’s�NAFTA/�CAFTA and Intellectual Property Rights Blockchain Proof of Concept Projects. Finally, the subcommittee will provide recommendations from the Regulatory Reform Working Group upon complet-ing its review of Title 19 of the Code of Federal Regulations to identify regulations for potential repeal or modification to eliminate or reduce costs and burdens for U.S. businesses. Meeting materials are available at: https://www.cbp.gov/trade/stake-holder-engagement/coac/coac-public-meetings/coac-february-2019-quarterly-meeting

Miscellaneous CBP Federal Register documents

The following documents not discussed above were published by CBP in the Federal Register. [Note that multiple listings of approved gaugers and laborato-ries reflects different locations and/or products.]

F.R. Date Subject

02-04-19

Accreditation and Approval of Certispec Services USA, Inc. (Texas City, TX) as a Commercial Gauger and Laboratory (N)Accreditation and Approval of Inspectorate America Corporation (Corpus Christi, TX) as a Commercial Gauger and Laboratory (N)Accreditation and Approval of Intertek USA, Inc. (Texas City, TX) as a Commer-cial Gauger and Laboratory (N)Accreditation and Approval of Spectrum International LLC (Roselle, NJ) as a Commercial Gauger and Laboratory (N)

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F.R. Date Subject

Accreditation of AmSpec LLC (New Haven, CT), as a Commercial Laboratory(N)Accreditation of Dixie Services Inc. (Galena Park, TX) as a Commercial Labora-tory (N)

02-06-19Agency Information Collection Activities: Application for Extension of Bond for Temporary Importation [OMB Control No. 1651-0015] (N) [CBP Form 3173]

02-15-19(CBP & US FOREST SERVICE) Notice of Availability of the Bog Creek Road Project Final Environmental Impact Statement and Draft Records of Decision

02-19-19Agency Information Collection Activities: Canadian Border Boat Landing Permit[OMB Control No. 1651-0108] (N) [CBP Form I-68]

02-20-19

Agency Information Collection Activities: African Growth and Opportunity Act (AGOA) Textile Certificate of Origin [OMB Control No. 1651-0082] (N) Agency Information Collection Activities: Deferral of Duty on Large Yachts Im-ported for Sale [OMB Control No. 1651-0080] (N) Notice�of�Revocation�of�Customs�Brokers’�Licenses [by operation of law without prejudice, for failure to file a triennial status report] (N) Notice�of�Revocation�of�Customs�Broker’s�License [by operation of law for fail-ure to employ at least one qualifying individual who holds a valid customs bro-ker’s�license] (N)

02-22-19

Accreditation of Altol Chemical and Environmental Laboratory, Inc. (Ponce, PR), as a Commercial Gauger (N) Accreditation and Approval of AmSpec LLC (Concord, CA) as a Commercial Gauger and Laboratory (N)Accreditation and Approval of SGS North America, Inc. (St. Rose, LA), as a Commercial Gauger and Laboratory (N)Accreditation and Approval of Camin Cargo Control, Inc. (Richmond, CA), as a Commercial Gauger and Laboratory (N)Accreditation and Approval of AmSpec LLC (Sulphur, LA) as a Commercial Gauger and Laboratory (N)Accreditation and Approval of AmSpec LLC (Signal Hill, CA) as a Commercial Gauger and Laboratory (N)Accreditation and Approval of Camin Cargo Control, Inc. (Linden, NJ), as a Commercial Gauger and Laboratory (N)Accreditation and Approval of SGS North America, Inc. (Corpus, Christi, TX), as a Commercial Gauger and Laboratory (N)Accreditation and Approval of Camin Cargo Control, Inc. (Corpus Christi, TX), as a Commercial Gauger and Laboratory (N)Accreditation of Altol Chemical and Environmental Laboratory, Inc. (Ponce, PR), as a Commercial Laboratory (N)Accreditation of Oil Technologies Services, Inc. DBA Seahawk Services (West Deptford, NJ) as a Commercial Laboratory (N)

02-25-19

Agency Information Collection Activities: Protest [OMB Control No. 1651-0017] (N) [CBP Form 19]Agency Information Collection Activities: Exportation of Used SelfPropelled Ve-hicles [OMB Control No. 1651-0054] (N)

02-26-19

Agency Information Collection Activities: Holders or Containers which enter the United States Duty Free [OMB Control No. 1625-0035] (N)Agency Information Collection Activities: Importers of Merchandise Subject to Actual Use Provisions [OMB Control No. 1651-0032] (N)

CBP issues final determinations in procurement cases

CBP has published in the Federal Register the following determinations 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.

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

02-05-19

HQ H290670 (01-29-19) Certain Ethernet Switches, Routers and Network Cards (ALE USA, Inc.)

United States

HQ H300743 (01-29-19) Rhythmlink International, LLC’s�Self-Adhesive Cutaneous Electrodes

United States

02-28-19HQ H300744 (02-02-19) Various Stimulating Probes (Rhythmlink International, LLC)

United States

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 Order�№ Merchandise Status

02-04-19 1Tuna and Tuna Products (Seafood) from the Vanuatu Fishing Vessel: Tunago No. 61

Active

Revocations or modifications of CBP rulings

See separate section below.

CBP issues instructions on importing products with 301 exclusions

On February 8, 2019, US Customs and Border Protection (CBP) issued CSMS# 19-000052, entitled Submitting Imports of Products Excluded from Section 301 Duties. It is reproduced below:

BACKGROUND:

On December 28, 2018, the U.S. Trade Representative published a Federal Register Notice (83 FR 67463) announcing the decision to grant certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China (Tranche 1). The product exclusions announced in this notice will be retroactive as of the July 6, 2018 effective date (see 83 FR 28710). The exclu-sions will extend for one year after the December 28, 2018 Federal Register notice (83 FR 67463).

The exclusions are available for any product that meets the description in the Annex to 83 FR 67463, regardless of whether the importer filed an exclusion request. Fur-ther, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex to 83 FR 67463, and not by the product de-scriptions set out in any particular request for exclusion.

The functionality for the acceptance of products excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) on February 10, 2019.

INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS:

Instructions on submitting entries to CBP containing products granted exclusions by USTR from the Section 301 measures are as follows:

In addition to reporting the regular Chapters 84, 85 & 90 classification of the Harmo-nized Tariff Schedule of the United States (HTSUS) for the imported merchandise, importers shall report the HTSUS classification 9903.88.05 (Articles the product of China, as provided for in U.S. note 20(h) to this subchapter, each covered by an ex-clusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.

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Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.05 is submitted.

ADDITIONAL INFORMATION:

Duty exclusions granted by USTR are retroactive on imports to the initial effective date of July 6, 2018. To request an administrative refund for previous imports of duty-excluded products granted by USTR, importers may file a Post Summary Correction (PSC) following the same entry filing instructions above.

If the entry has already liquidated, importers may protest the liquidation.

Reminder: When submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, please refer to CSMS 18-000657(Entry Summary Order of Reporting for Multiple HTS in ACE).

Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the FTZ provisions of the Section 301 Federal Register notices, but instead are sub-ject to the FTZ provisions in 19 CFR part 146.

For more information, please refer to the December 28, 2018 Federal Register notice (83 FR 67463).

Questions from the importing community concerning ACE entry rejections involving product exclusion numbers should be referred to their CBP Client Representative. Questions related to Section 301 entry filing requirements should be emailed to

[email protected] .

CBP allows filing of pre-TFTEA (Core) and TFTEA drawback claimswith section 301 and/or 201 duties

On February 8, 2019, CBP issued CSMS# 19-000050, entitled, Filing PRE-TFTEA (CORE) and TFTEA Drawback Claims with Section 301 and/or 201 Du-ties. The CSMS is reproduced below:

GUIDANCE:

Effective immediately, drawback filers can submit claims related to Section 301 and/or 201 duties. Filers will no longer receive error messages related to unit of measure (UOM) when transmitting drawback claims for Section 301 and/or 201 du-ties. Previously, filers received a UOM mismatch error because the underlying import did not have a UOM associated to a Chapter 99 HTSUS. If the filer left the UOM blank, they received an additional error message because the UOM is a mandatory data element field.

FILING REQUIREMENTS:

Filers are required to provide the Chapter 99 HTSUS tariff number related to Section 301 and/or 201 duties, and the associated Chapter 1 to 97 HTSUS tariff number on ALL claims.

If any drawback claim subject to Section 301 and/or 201 duties was previously filed and accepted in ACE, the filers are required to “perfect” the claim. To “perfect” a claim, filers must contact their Drawback Specialist and request the claim be returned to trade control. The filers are then required to list both HTSUS tariff numbers (as de-scribed above) on their claims and resubmit to CBP within 5 business days.

SUBSTITUTION AND NAFTA DRAWBACK CLAIM GUIDANCE:

This guidance applies to both Section 301 and 201 duties. Goods subject to Section 232 are ineligible for refund of 232 duties, per Presidential Proclamation 9739 and 9740.

� Pre-TFTEA Substitution Claims: 301/201 duties are refundable, in full, on pre-TFTEA substitution claims.

� TFTEA Substitution Claims: 301/201 duties are refundable on TFTEA substi-tution claims, even if subject to the TFTEA lesser of [value] rule. If subject to

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the TFTEA lesser of [value] rule, the amount will be limited by the value of the substituted merchandise when it is lower than the value of the imported merchandise.

� NAFTA Claims (pre and post TFTEA): 301/201 duties may be refundable on NAFTA claims subject to the lesser of [duty] rule, but only when the total amount of Canadian/Mexican duties paid is higher than the total amount of duties paid in the United States. The amount of 301/201 duties refunded un-der the NAFTA lesser of [duty] rule will be limited by the total amount of du-ties paid on the merchandise imported into Canada/Mexico.

19 U.S.C 1313(p) CLAIMS:

Due to a pending technical fix, please do not file any 19 U.S.C. 1313(p) claims with the subject duties at this time. Future guidance will be sent once this issue has been resolved. If you have a 1313(p) claim on file with Section 301 and/or 201 duties, please do not request to “perfect” this claim until further guidance has been received.

RESOURCES:

The list of impacted tariff classifications for Section 301 are found at the following links:

https://www.cbp.gov/trade/programs-administration/entry-summary/section-301-trade-remedies

https://www.cbp.gov/document/guidance/section-301-htsus-reference-guide

Federal Register 83 FR 28710 - http://www.gpo.gov/fdsys/pkg/FR-2018-06-20/pdf/2018-13248.pdf



Federal Register 83 FR 65198 - https://www.federalregister.gov/docu-ments/2018/12/19/2018-27458/notice-of-modification-of-section-301-action-chinas-acts-policies-and-practices-related-to

For more information regarding Section 201 duties, please reference the following link: https://www.cbp.gov/trade/programs-administration/entry-summary/section-201-trade-remedies

Contact your Client Representative for assistance with technical questions regarding the input of the required tariff numbers.

Direct questions regarding this update to [email protected].

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# Title

02-01-19

19-0000332/7 Quota Opening: Solar Cells/Modules, Large Residential Washing Machine & Covered Parts

19-000034 FDA New and End-Dated CVM Subclass and PIC Codes

19-000035Reminder FDA System Scheduled Maint.-FDA Unable to Process Entries Feb. 2, 3:00 to 8:00

02-04-19 19-000037ACE PRODUCTION Cargo Release Deployment, Tuesday 2/5/2019 @0500ET

02-05-1919-000038 Ports 3801, 3802 and 3807 Downtime Jan 28, 201919-000039 TFTEA Drawback Support Calls

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Date CSMS# Title

19-000040Contact Info Added: MQ Trade Gateway Migration -ACE PRO-DUCTION- Feb 9 @2200-0200ET

02-06-19

19-000041Test IOR numbers for CERT KI Query

19-000042

19-000043FDA ITACS (Import Trade Auxiliary Communication System) Planned Maintenance Thurs. 2/7/19

19-000045ACE CERTIFICATION deployment, Thursday Feb 7, 2019 @ 0530 ET

02-07-19

19-000046FDA Downtime 2/9/19 10 PM Eastern through 2/10/19 6 AM Eastern

19-000047NMFS Imports of fish and fish products from Mexico: Updated List of Designated Officials

19-000048Upcoming Retirement of Certain AM and ESM Reports on Feb. 21, 2019

02-08-19

19-000050Filing PRE-TFTEA (CORE) and TFTEA Drawback Claims with Section 301 and/or 201 Duties

19-000051Craft Beverage Modernization and Tax Reform Act of 2017 (CBMA) Trade Webinar

19-000052 Submitting Imports of Products Excluded from Section 301 Duties

19-000053Updates and Clarifications to CBMA Filing Procedures and Re-quirements

02-10-19

19-000054 Completed: MQ Trade Gateway migration in ACE Production

19-000057Resolved: Addnl Instruction: Trade filers are not receiving re-sponses from CBP

19-000058Resolved: Addnl Instructions: Trade filers are not receiving re-sponses from CBP - 5:20 pm

02-11-1919-000059 Seattle Port Closed February 1119-000060 Updated 5106 CATAIR and Error Dictionary19-000061 Update: Seattle Port Closed February 11

02-12-19

19-000062Harmonized System Update (HSU) 1901 created 0n February 11, 2019

19-000063 ISF-5 Enforcement19-000065 Seattle Port Closed Tuesday, February 12, 2019

19-000067Update to restrictions on Fish from Mexico Caught with Gillnets for regulated tariff code

02-14-19 19-000071Guidance on Entries and Summaries impacted by Vessel Fire on Yantian Express

02-15-1919-000073

Additional PGA UI items deploying to ACE PRODUCTION, Sat. Feb 16, 2019 @ 2200 ET

19-000074Craft Beverage Modernization and Tax Reform Act of 2017 Trade Webinar #3 - Feb 21, 2019

02-19-19 19-000075 CERT Deployment for ACE 5106

02-20-19

19-000076 Pending CORE Privilege Applications19-000077 New ACE Deployment Date – March 16, 201919-000078 FDA Downtime 2/21/19 11 PM ET through 2/22/19 1 AM ET19-000079 Delays Processing FDA Entries

02-21-1919-000080 Reminder – Upcoming Mandatory Transition to TFTEA Drawback19-000081 Pending CORE Privilege Applications

02-22-1919-000082

Update: ACE EPA CATAIR - New TSCA Certification Require-ments for Composite Wood Products

19-000083 Updated Drawback Trade Issue Tracker Document

02-25-1919-000085

This CSMS updates CSMS # 18-000744, 583 and 531 (Infor-mation about NMFS SIM program update

19-000086 ACE Statement Update transaction issues February 24-25, 2019

02-26-19 19-000087Tips for Trade when filing an EPA TSCA Certification in ACE Up-dated

02-27-1919-000088

Harmonized System Update (HSU) 1902 created on February 26, 2019

19-000089 New Time: February 28, 2019 ACE Bi-Weekly Trade Call

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Date CSMS# Title

19-000090 IOR Numbers for use in CERT KI testing

19-000091AD/CVD Investigations: Certain Fabricated Structural Steel from Canada, Mexico, and PRC

02-28-19

19-000093 Updated Drawback CATAIR19-000094 Updated 5106 CATAIR and Error Dictionary19-000095 UPDATE- Section 301 Increased Duties Postponed

19-000096TFTEA Drawback Trade Support Call Cancelled Tomorrow March 1

Foreign Trade Zones

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

F.R. Date Document

02-06-19

Foreign-Trade Zone 106 – Oklahoma City, Oklahoma; Notification of Proposed Production Activity; Xerox Corporation (Polyester Latex for Printer/Copier Toner); Oklahoma City, Oklahoma [B-02-2019]Foreign-Trade Zone 50 – Long Beach, California Application for Subzone Fender Musical Instruments Corporation San Bernardino and Corona, Califor-nia [S-03-2019]Approval of Subzone Status Albany Safran Composites LLC Rochester, New Hampshire [S-97-2018]Approval of Subzone Status; Future Electronics Distribution Center, L.P.; Southaven, Mississippi [S-185-2018]

02-08-19

Foreign-Trade Zone 193— Clearwater, Florida; Notification of Proposed Pro-duction Activity; Catalent Pharma Solutions, LLC; (Pharmaceutical Products); St. Petersburg, Florida [B–01–2019]Foreign-Trade Zone 75 — Phoenix, Arizona; Authorization of Production Activ-ity; Microchip Technology, Inc.; (Semiconductor Devices and Related Prod-ucts); Chandler and Tempe, Arizona [B–54–2018]Foreign-Trade Zone 271—Jo-Daviess & Carroll Counties, Illinois; Application for Subzone; Hartland Controls, LLC; Rock Falls, Illinois [S–8–2019]Foreign-Trade Zone 127—West Columbia, South Carolina; Authorization of Production Activity; Constantia Blythewood, LLC; (Flexible Packaging and En-gineered Industrial Films); Blythewood, South Carolina [B–53–2018]

02-11-19Foreign-Trade Zone 207— Richmond, Virginia; Authorization of Production Ac-tivity; Kaiser Aluminum Fabricated Products, LLC; (Aluminum Extrusions); Richmond, Virginia [B-55-2018]

02-13-19Foreign-Trade Zone 68 – El Paso, Texas; Notification of Proposed Production Activity; The Woodbridge Group (Flame Laminated Textiles) El Paso, Texas [B-03-2019]

02-19-19

Foreign-Trade Zone 16—Sault Ste. Marie, Michigan; Application for Reorgani-zation Under Alternative Site Framework [B-4-2019]Foreign-Trade Zone 18—San Jose, California; Subzone 18G Application for Expansion; Tesla, Inc., Livermore, California [S-15-2019]

02-21-19Foreign-Trade Zone (FTZ) 44 – Trenton, New Jersey; Authorization of Produc-tion Activity; International Flavors & Fragrances, Inc.(Flavor and Fragrance Products), Hazlet, New Jersey [B-58-2018]

02-26-19

Foreign-Trade Zone 149 – Freeport, Texas, Authorization of Production Activ-ity, DSM Nutritional Products, LLC (Vinylol), Freeport, Texas [B-57-2018]Foreign-Trade Zone 93 – Raleigh/Durham, North Carolina, Notification of Pro-posed Production Activity, GlaxoSmithKline, PLC (Pharmaceutical Products), Zebulon, North Carolina [B-05-2019]Foreign-Trade Zone 262 – Southaven, Mississippi Application for Subzone WPG Americas Inc. Southaven, Mississippi [S-23-2019]Foreign-Trade Zone 40 – Cleveland, Ohio, Application for Subzone Expansion, Swagelok Company, Ravenna, Ohio [S-21-2019]

02-27-19 Proposed Foreign-Trade Zone – Grand Junction, Colorado under Alternative

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F.R. Date Document

Site Framework [B-06-2019]Foreign-Trade Zone 59 – Lincoln, Nebraska; Application for Subzone; Adams Warehousing, LLC; Sidney, Nebraska [S-24-2019]

Census updates Schedule B and HTS in AES

The Schedule B, Harmonized Tariff Schedule (HTS), and HTS codes that are not valid for AES tables have been updated to reflect the changes to the 2019 codes effective January 1st, 2019.

The typical grace period of 30 days will not be extended with this update. The Automated Export System (AES) will not accept shipments with outdated 2018 codes and reporting an outdated 2018 code will result in a fatal error.

The ACE AESDirect program has been updated with the 2019 codes.

The 2019 Schedule B and HTS tables are available for downloading at:http://www.census.gov/foreign-trade/aes/documentlibrary/#concordance

The current list of HTS codes that are not valid for AES are available at:http://www.census.gov/foreign-trade/aes/documentlibrary/concordance/hts-not-for-aes.html

Treasury lists countries requiring cooperation with an international boycott

On February 6, 2019, the Treasury Department published in the Federal Register a current list of countries which require or may require participation in, or cooper-ation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information currently available to Treasury, the following countries require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). Iraq, Kuwait, Lebanon, Libya,Qatar, Saudi Arabia, Syria, United Arab Emirates and Yemen.

Application of US sanctions targeting Venezuela to PdVSA subsidi-aries

On�January�28,�2019,�the�US�Treasury�Department’s�Office�of�Foreign�Assets�Control (“OFAC”) designated Petróleos de Venezuela, S.A. (“PdVSA”) as a Spe-cially Designated National (“SDN”) under Executive Order 13850 of November 1, 2018. As a result, US Persons are prohibited from dealing with PdVSA as of January 28, unless authorized by OFAC. (For these purposes, US Persons are entities organized under US laws and their non-US branches; individuals and en-tities physically located in the United States; US citizens and permanent resident aliens (“Green Card” holders) wherever located or employed.)

PdVSA’s�SDN�designation�added�to�an�already�complex�sanctions�compliance�landscape where entities owned by the Government of Venezuela (“GOV”) or by PdVSA are concerned. Although entities 50% or more owned by PdVSA would normally be subject to the same SDN restrictions as PdVSA itself, the current US restrictions on dealings with direct and indirect PdVSA subsidiaries (“PdVSA Subs”) are not so straightforward due to the various executive orders (“EOs”), au-thorizations, general licenses (“GLs”), and published guidance from OFAC. (Baker�McKenzie’s�“Sanctions & Export Controls Update“ blog has

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tracked these Venezuela sanctions developments here.)

This article clarifies and summarizes the US sanctions that apply to (i) CITGO Holding, Inc. and its subsidiaries (“CITGO”), (ii) PDV Holding Inc. and its subsidi-aries (“PDVH”), (iii) Nynas AB and its subsidiaries (“Nynas”), and (iv) all other PdVSA Subs.

I. CITGO

SDN Designation: CITGO is an SDN by virtue of being wholly owned by PdVSA. However,�concurrent�with�PdVSA’s�SDN�designation, OFAC issued GL 7 that authorizes US Persons to engage in most transactions with CITGO through July 26, 2019. Accordingly, US Persons may deal with CITGO, except, under most circumstances, to the extent PdVSA/PdVSA Subs are involved. (GL 7 also authorizes CITGO to purchase and import petroleum or petroleum prod-ucts from PdVSA/PdVSA Subs through April 27, 2019.) Although OFAC has not issued guidance on a potential extension of GL 7, it is possible that OFAC will adopt�an�approach�of�renewing�this�GL’s�authorization�to�deal�with�CITGO�every�six months, as it has with GL 2F for SDN entities under US sanctions targeting Belarus.

Financial Restrictions: Under GL 2, issued when OFAC first imposed financial sanctions targeting the GOV in August 2017, CITGO is exempt from virtually all sectoral/financial sanctions targeting the GOV under EO 13808. For example, CITGO is not subject to the 90-day “new debt” restrictions imposed on other PdVSA Subs. GL 2 has no expiration date.

However, GL 2 does not cover the financial sanctions under EO 13835. US Per-sons remain prohibited from:

� purchasing any debt (e.g., accounts receivable) owed to CITGO,

� dealing in any debt owed to CITGO that is pledged as collateral after May 21, 2018, and

� selling, transferring, assigning, or pledging collateral by the GOV of any equity interest in CITGO.

II. PDVH

SDN Designation: PDVH is an SDN by virtue of being wholly owned by PdVSA. However, most transactions by US Persons with PDVH are authorized under GL 7 to the same extent as CITGO.

Financial Restrictions: Unlike CITGO, PDVH is not covered by GL 2 and thus is subject to the financial sanctions under EO 13808 and 13835. The EO 13808 sanctions mean that US Persons are prohibited from:

� dealing in

� “new debt” (e.g., extensions of credit, loans, payment terms) with a ma-turity of greater than 90 days of PDVH;

� bonds issued by PDVH prior to August 27, 2017;

� dividend payments or other distribution of profits to the GOV from PDVH; and

� purchasing securities from PDVH, other than securities qualifying as “new debt”

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with a maturity of less than or equal to 90 days.

III. Nynas

SDN Designation: Nynas is an SDN like CITGO and PDVH because Nynas is 50% owned by PdVSA. Under GL 13, Nynas however benefits from authoriza-tions similar to those for CITGO and PDVH under GL 7. GL 13 authorizes US Persons to engage in most transactions with Nynas (i.e., except to the extent PdVSA/PdVSA Subs are involved) through July 26, 2019. Thus, US Persons may generally deal with Nynas (e.g., supply and receive products, make and re-ceive payments). This GL 13 authorization covers banks processing US-dollar payments related to Nynas. As with GL 7, OFAC has not issued guidance re-garding a potential extension of GL 13 beyond July 26, but this GL may also ben-efit�from�OFAC’s�six-month renewal practice for these types of GLs.

Non-US parties dealing with Nynas are not subject to US sanctions jurisdiction so long as no US nexus (e.g., US Persons, US dollar payments) is involved. How-ever, even where there is a US nexus to a transaction involving Nynas and a non-US party, such transactions are authorized pursuant to GL 13.

Financial Restrictions: Like PDVH, Nynas remains subject to US financial re-strictions under EO 13808 and EO 13835, as described above. Such restrictions will be relevant primarily where: (a) a US Person receives payment from or ex-tends credit to Nynas, which must be paid/repaid within 90 days (regardless of currency), or (b) a non-US party receives payment from or extends credit to Nynas involving US dollars, which must also be paid/repaid within 90 days.

IV. Potential Secondary Sanctions Issues Related to CITGO, PDVH, and Nynas

EO 13850 includes language under which parties deemed by OFAC to have “ma-terially assisted, sponsored, or provided financial, material, or technological sup-port for” an SDN could be targeted by US sanctions. If OFAC adopts its usual approach to non-US persons dealing with SDNs with which US Persons are broadly permitted to deal by virtue of GLs or otherwise, US secondary sanctions risk should not apply to CITGO, PDVH, or Nynas. In this respect, OFAC has ad-vised in the context of other US sanctions programs that SDN-related transac-tions will not be subject to US secondary sanctions if US Persons would not re-quire a specific license from OFAC to engage in such activity (see OFAC FAQs 574, 579, and 589 for certain Russian SDN entities designated in April 2018 and ultimately delisted by OFAC).

V. Other PdVSA Subs

Other PdVSA Subs are considered to be SDNs, and US Persons are broadly prohibited from dealing with them without an OFAC authorization. That said, OFAC has issued a number of additional GLs authorizing certain activities involv-ing other PdVSA Subs. Most relevant for parties dealing with other PdVSA Subs, GL 12 authorizes:

� through February 26, 2019 transactions ordinarily incident and necessary to the wind down of operations, contracts, or other agreements, including the importa-tion into the United States of goods, services, or technology not otherwise au-thorized in GL 12, involving PdVSA/PdVSA Subs that were in effect prior to Janu-ary 28, 2019; and

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� through April 27, 2019 transactions ordinarily incident and necessary to the pur-chase and importation into the United States of petroleum or petroleum products from PdVSA/PdVSA Subs.

We discussed other GLs related to PdVSA in our previous blog post, availa-ble here. In our view, it is unlikely that the PdVSA-related GLs with expiration dates (other than GL 7 and GL 13 as discussed above) will be extended.

If you have any questions, please contact the authors, Nicholas F. Coward, Ter-ence Gilroy, Alexandre (Alex) Lamy and Meghan Hamilton, or any member of the US Outbound Trade group with whom you normally work.

OFAC amends PdVSA-related general licenses and issues new and revised Venezuela FAQs

On January 31, 2019, OFAC issued eleven new FAQs and amended two existing FAQs in connection with the designation of Petróleos de Venezuela, S.A. (“PdVSA”) as a Specially Designated National (“SDN”) pursuant to Executive Or-der 13850 on January 28, 2019. In addition, on February 1, 2019, OFAC amended two PdVSA-related general licenses (“GL”) and issued two additional FAQs describing the scope of those amendments, which modify the terms under which certain transactions involving PdVSA bonds and securities are authorized. Our prior blog post on the SDN designation of PdVSA and the previously issued Venezuela GLs is available here.

General License 3B

General License 3A (“GL 3A”) was reissued as General License 3B (“GL 3B”) and authorizes transactions related to, the provision of financing for, and other dealings in the bonds specified in the Annex to GL 3B, provided that any divest-ment or transfer of, or facilitation of divestment or transfer of, any holdings in such bonds be to a non-US person. OFAC also moved some bonds identified in the GL 3A Annex to the amended version of General License 9 (“GL 9”) that OFAC issued at the same time as GL 3B.

While GL 9 included the requirement that US Persons divesting PdVSA debt must transfer any such holdings to non-US persons, GL 3A did not include that requirement when it was issued on January 28, 2019. GL 3A (and its predeces-sor General License 3) both authorized US Persons to continue dealing in identi-fied bonds issued by PdVSA and other entities owned or controlled by the Gov-ernment of Venezuela.

In addition, GL 3B includes a new provision authorizing certain transactions to fa-cilitate, clear, and settle trades of holdings in the bonds specified in the GL 3B Annex , provided such trades were placed prior to February 1, 2019 at 4:00 p.m. EST. It also now authorizes certain transactions to wind down financial contracts or other agreements entered into prior to February 1, 2019 involving the bonds specified in the GL 3B Annex, through March 2, 2019. FAQ 662 provides up-dated�guidance�about�GL�3B’s�revised�scope.

General License 9A

GL 9 was re-issued as General License 9A (“GL 9A”) and authorizes transactions that are ordinarily incident and necessary to dealings in “PdVSA securities” is-sued prior to August 25, 2017. In GL 9A, “PdVSA securities” covers debt (includ-

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ing the bonds listed in the GL 9A Annex, promissory notes, and other receiva-bles) of, or equity in, PdVSA or any entities owned 50% or more by PdVSA. GL 9A includes a new provision authorizing transactions to facilitate, clear, and settle trades of holdings in PdVSA securities placed before January 28, 2019 at 4:00 p.m. EST. It also now authorizes certain transactions through March 2, 2019 to wind down financial contracts or other agreements entered into prior to January 28, 2019 at 4:00 p.m. EST involving PdVSA securities issued prior to August 25, 2017.

GL 9A did not change the authorization in GL 9 for transactions that are ordinarily incident and necessary to dealing in bonds issued prior to August 25, 2017 by the following PdVSA entities and their subsidiaries: PDV Holdings, Inc., CITGO Holdings, Inc., and Nynas AB. FAQ 661 provides updated guidance about GL 9A’s�revised�scope.

OFAC FAQs

In addition, revised FAQ 595 clarifies that General License 5, which authorizes certain transactions related to the PdVSA 2020 8.5 Percent Bond, remains in ef-fect despite PdVSA itself being designated as an SDN. Revised FAQ 648 pro-vides additional guidance on what activities are considered “maintenance” as the term is used in the PdVSA-related GLs. Finally, the newly issued FAQs 650-660provide additional guidance on issues arising in connection with the SDN desig-nation of PdVSA and the scope of the previously issued GLs.

FAQs 652 and 653 provide guidance about issues related to mutual funds and exchange traded funds that engage in transactions involving or tracking holdings in�SDN�entities.�OFAC’s�guidance�in�these�two�FAQs�is�not�limited�to�SDNs�des-ignated under US sanctions targeting Venezuela.

If you have any questions, please contact the authors, Nicholas F. Coward, Alex-andre (Alex) Lamy and Daniel Andreeff, or any member of the US Outbound Trade group with whom you normally work.

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

02-01-19OFAC: Notice of OFAC Sanctions Actions; Sanctions Actions Pursuant to Exec-utive Order 13661 and Executive Order 13662 (N) [Removal of 3 entities]

02-08-19OFAC: Notice of OFAC Sanctions Actions (N) [7 individuals, 23 entities, 1 air-craft]

02-11-19OFAC: Notice of OFAC Sanctions Actions [Case ID VENEZUELA–EO13850–15615] (N) [1 entity]

02-15-19 OFAC: Notice of OFAC Sanctions Actions (N) [1 individual]02-19-19 OFAC: Notice of OFAC Sanctions Actions (N) [2 entities, 10 individuals]

02-26-19 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals, 4 entities]

Orders denying export privileges

During the past month, the following orders were published:

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F.R. Date Subject

02-04-19

BIS: Alexander FishenkoBIS: Eduard Roel VazquezBIS: Joel Prado, JrBIS: Jose Jesus Campos-FloresBIS: Veronica Trujillo

02-05-19 BIS: Shavkat Abdullaev

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

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCE-

MENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF

STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOME-

LAND SECURITY; STATE=DEPARTMENT OF STATE.

[Note: Only meetings which occur after scheduled distribution of this Update are listed.]

F.R. Date Subject

02-08-19BIS: Submission for OMB Review; Comment Request; Procedures for Submit-ting Request for Objections From the Section 232 National Security Adjustments of Imports of Aluminum and Steel [OMB Control Number: 0694–0138] (N)

02-11-19

BIS: Procedures for Submitting Rebuttals and Surrebuttals Requests for Exclu-sions from and Objections to the Section 232 National Security Adjustments of Imports of Steel and Aluminum. Form Number: 0694–0141 (N) [OMB Control Number: 0694–0141]

02-12-19

STATE: Notice of Information Collection Under OMB Emergency Processing: Three Information Collections related to the United States Munitions List, Cate-gories I, II and III [Public Notice 10646] (N) [DDTC Forms: DSP-61, 73, 85] STATE: 30-Day Notice of Proposed Information Collection: Annual Brokering Re-port [Public Notice 10629] (N) [DDTC} STATE: 30-Day Notice of Proposed Information Collection: Brokering Prior Ap-proval [Public Notice 10660] (N) [DDTC Form DS–4294]

02-13-19 STATE: 30-Day Notice of Proposed Information Collection: Statement of Regis-tration [Public Notice 10669] (N) [DDTC Form DS-2032]

02-14-19ITA: Proposed Information Collection; Comment Request; Interim Procedures For Considering Requests and Comments From the Public for Textile and Ap-parel Safeguard Actions on Imports from Korea (N)

02-19-18

BIS: Proposed Information Collection; Comment Request; Chemical Weapons Convention Declaration and Report Handbook and Forms (N)ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N) [March 7, 2019]ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N) [March 19-20, 2019]

02-20-19BIS: Materials Processing Equipment Technical Advisory Committee; Notice of Open Meeting (N) [March 5, 2019]

02-20-19ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Ar-ticles of Cheese Subject to an In-Quota Rate of Duty (N)

02-22-19

ITA: Submission for OMB Review; Comment Request - Foreign-Trade Zone Ap-plications [OMB Control No. 0625-0139] (N)STATE: Notice of Information Collection Under OMB Emergency Review: Three Information Collections Related to the United States Munitions List, Categories I, II and III; Correction (N/C)

02-25-19ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N) [March 26, 2019]ITA: President’s�Advisory�Council�on�Doing�Business�in�Africa (N)

02-28-19

BIS: Submission for OMB Review; Comment Request; Procedures for Submit-ting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum [OMB Control No. 0694-0139]State: DDTC: Notifications to the Congress of Proposed Commercial Export Li-censes [Public Notice: 10687] (N) [61 notifications]

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FTC continues to look at “Made in USA” and similar claims

This month, the Federal Trade Commission (FTC) posted a letter dated February 5, 2019 regarding overstating of “Made,” “Built,” or “Manufactured” in the USA claims. The letter was addressed to the attorneys representing Whiteside Ma-chine & Repair Co., Inc. and concerned the extent to which Whiteside products, including router bits, are made in the United States. Specifically, although White-side performs some manufacturing functions in the United States, the FTC said that many of its products contain significant imported components. The letter re-iterated�the�FTC’s�long-held�position�that�‘unqualified U.S.-origin claims in mar-keting materials - including claims that products are “Made,” “Built,” or “Manufac-tured” in the USA- likely suggest to consumers that all products advertised in those materials are “all or virtually all” made in the United States.’

The letter states:

As discussed, unqualified U.S.-origin claims in marketing materials - including claims that products are “Made,” “Built,” or “Manufactured” in the USA- likely suggest to con-sumers that all products advertised in those materials are “all or virtually all” made in the United States. The Commission may analyze a number of different factors to de-termine whether a product is “all or virtually all” made in the United States, including the proportion of the product's total manufacturing costs attributable to U.S. parts and processing, how far removed any foreign content is from the finished product, and the importance of the foreign content or processing to the overall function of the product.

The Commission has noted that “[w]here a product is not all or virtually all made in the United States, any claim of U.S. origin should be adequately qualified to avoid consumer deception about the presence or amount of foreign content. In order to be effective, any qualifications or disclosures should be sufficiently clear, prominent, and understandable to prevent deception.”

In blatant cases, the FTC pursues enforcement action. However, although the FTC can bring enforcement actions, it frequently will try to work with companies to bring them into compliance through remedial actions. In deciding not to pursue the Whiteside matter further, the FTC pointed out that:

To avoid deceiving consumers, Whiteside implemented a remedial action plan to up-date and qualify its representations. For Whiteside's own materials, the Company: (1) stickered over outdated claims on product packaging; (2) updated online marketing materials; and (3) printed new catalogues, signs, banners, and product packaging. Whiteside also sent a detailed communication to dealers requiring them to: (1) sticker over claims on products in their possession; (2) remove potentially deceptive point-of-sale materials; and (3) update dealer controlled online materials, including websites and social media accounts.

As discussed, it is appropriate for the Company to promote the fact that it is American owned, employs workers, or performs certain processes in the United States, pro-vided that marketing materials do not overstate the extent to which Whiteside's prod-ucts are made in the United States. Additionally, FTC staff is available to work with companies to craft qualified claims that serve the dual purposes of conveying non-de-ceptive information to consumers and highlighting work done in the United States.

In a footnote, the FTC pointed out that additionally, beyond express “Made in USA” claims, “ [d]epending on the context, U.S. symbols or geographic refer-ences, such as U.S. flags, outlines of U.S. maps, or references to U.S. locations of headquarters or factories, may, by themselves or in conjunction with other phrases or images, convey a claim of U.S. origin.”

The�FTC’s�policy�statement�was�published�in�Federal Trade Commission, Issu-ance of Enforcement Policy Statement on “Made in USA “ and Other US Origin

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Claims, 62 Fed. Reg. 63756, 63768 (Dec. 2, 1997), and appears on the FTC website here. A booklet entitled “Complying with the Made in USA Standard“ may be downloaded from the FTC website.

Companies should ensure that their marking and advertising claims comply with the FTC standard. Our International Commercial and Trade group has extensive experience in assisting companies in this area. Feel free to contact Ted Murphy, Stuart Seidel or any member of the practice with whom you normally work.

FTC and CPSC Federal Register documents

The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were pub-lished Federal Register during the past month:

F.R. Date Subject

02-14-19 FTC: Adjustments to Civil Penalty Amounts (FR)

FDA Federal Register documents

The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders:

F.R. Date Subject

02-04-19Labeling for Human Prescription Drug and Biological Products Approved Under the Accelerated Approval Regulatory Pathway; Guidance for Industry; Availabil-ity [Docket No. FDA–2014–D–0250] (N)

02-08-19Pilot Project Program Under the Drug Supply Chain Security Act; Program An-nouncement [Docket No. FDA–2016–N–0407] (N)

02-15-19Agency Information Collection Activities; Proposed Collection; Comment Re-quest; Exports: Notification and Recordkeeping Requirements [Docket No. FDA-2014-N-0801] OMB Control Number 0910-0482 (N)

02-26-19Sunscreen Drug Products for Over-the-Counter Human Use [Docket No. FDA-1978-N-0018] (formerly Docket No. FDA-1978-N-0038) (PR)

02-28-19

Change of Address; Technical Amendment [Docket No. FDA-2019-N-0646](FR)Food Additives Permitted in Feed and Drinking Water of Animals; Gamma-Lino-lenic Acid Safflower Oil [Docket No. FDA-2017-F-4511] (FR)

USDA documents

During the past month, US Department of Agriculture (USDA) agencies issued the following Federal Register notices which may be of interest to international traders. [USDA=OFFICE OF THE SECRETARY, APHIS= ANIMAL AND PLANT HEALTH IN-

SPECTION SERVICE, FAS=FOREIGN AGRICULTURAL SERVICE, AMS=AGRICULTURAL

MARKETING SERVICE, FSIS=FOOD SAFETY INSPECTION SERVICE]:

F.R. Date Subject

02-01-19AMS: Removal of U.S. Grade Standards [Document Number AMS-SC-18-0081, SC-19-326] (IR/RFC)

02-04-19AMS: Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Membership [Document Number AMS-SC-18-0016] (FR)

02-05-19AMS: Amendments to the Regulations Governing Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards) [No. AMS-LP-16-0080](PR)

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F.R. Date Subject

02-06-19 APHIS: Subpart Nomenclature Change [Docket No. APHIS–2018–0070] (FR)

02-11-19AMS: Mushroom Promotion, Research, and Consumer Information Order; Real-location of Council Membership [Document No. AMS–SC–18–0009] (PR)

02-15-19AMS: National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances for April 2018 NOSB Recommendations (Crops and Handling) [Document No. AMS–NOP–18–0051; NOP–18–02] (PR)

02-20-19

AMS: Processed Raspberry Promotion, Research, and Information Order; Ter-mination of Assessments [Document No. AMS-SC-18-0093] (FR) [covers pro-ducers and importers]US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Foods (N/H/RFC) [April 1, 20-19]US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on General Principles (N/H/RFC) [Feb. 25, 2019]US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and Sampling (N/H/RFC) [May 6, 2019]

02-21-19

AMS: Mango Promotion, Research and Information Order; Amendment to In-clude Frozen Mangos [Document No. AMS-SC-17-0002] (FR) [importers of fro-zen mangos will be assessed one cent ($0.01) per pound on frozen mangos. Also,�the�National�Mango�Board’s�(Board) membership will be expanded from 18 to 21 with the addition of two importers of frozen mangos and one foreign processor.]AMS: Mango Promotion, Research and Information Order; Referendum on In-clusion of Frozen Mangos [Document No. AMS-SC-18-0023] (N)

02-22-19AMS: Grain Export Registration Renewal Information [DOC. NO. AMS–FGIS–18–0087] (N)

02-25-19US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Com-mittee on Pesticide Residues (N/H)

02-27-19APHIS: Notice of Availability of an Environmental Assessment for the Release of Biological Control of Brazilian Peppertree [Docket No. APHIS-2018-0075] (N)

Additional Federal Register documents

The following Federal Register documents which may be of interest to interna-tional traders were published during the past month by various Federal agencies:

F.R. Date Subject

02-01-19

US FISH AND WILDLIFE SERVICE (FWS): Agency Information Collection Activities; Declaration for Importation or Exportation of Fish or Wildlife [FWS–HQ–LE–2018–N149; FF09L00200–FX–LE18110900000; OMB Control Number 1018–0012] (N/RFC)FEDERAL ENERGY REGULATORY COMMISSION (FERC): Civil Monetary Penalty In-flation Adjustments [Docket No. RM19–9–000; Order No. 853] (FR)

02-05-19

ENERGY: Appliance Standards and Rulemaking Federal Advisory Committee: Notification of Public Meetings for the Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps Working Group to Negotiate a Notice of Pro-posed Rulemaking for Test Procedures and Energy Conservation Standards[EERE-2018-BT-STD-0003] (N/H)ENVIRONMENTAL PROTECTION AGENCY (EPA): Fenoxaprop-ethyl, Flufenpyr-ethyl, Imazapyr, Maleic hydrazide, Pyrazon, Quinclorac, Triflumizole, et. al.; Pro-posed Tolerance and Tolerance Exemption Actions [EPA-HQ-OPP-2017-0418; FRL-9970-24] (PR)

02-06-19

EPA: Civil Monetary Penalty Inflation Adjustment Rule [FRL-9988-90-OAR-OECA] (FR) [Also see correction on 02-25-19]EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2018-0577; FRL-9987-08] (N/RFC)

02-07-19COMMERCE: Civil Monetary Penalty Adjustments for Inflation [Docket No. 181218999–8999–01] (FR)DRUG ENFORCEMENT ADMINISTRATION (DEA): Control of Immediate Precursor

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F.R. Date Subject

Used in the Illicit Manufacture of Fentanyl as Schedule II Controlled Sub-stances; Correction [Docket No. DEA–305] (FR/C)ENERGY: Energy Conservation Program for Consumer Products: Energy Con-servation Standards for Residential Furnace Fans; Correction [EERE–2010–BT–STD–0011] (FR/C)EPA: Glycine betaine; Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–2018–0163; FRL–9987–42] (FR)FEDERAL COMMUNICATIONS COMMISSION (FCC): Annual Adjustment of Civil Mon-etary Penalties To Reflect Inflation [DA 18–1272] (FR)FEDERAL MARITIME COMMISSIOn (FMC): Inflation Adjustment of Civil Monetary Penalties [Docket No. 19–01] (FR)NUCLEAR REGULATORY COMMISSION (NRC): Adjustment of Civil Penalties for In-flation for Fiscal Year 2019 [NRC–2017–0088; 3150–AK02] (FR)

02-08-19

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standards; Event Data Recorders [Docket No. NHTSA–2012–0177] (PR/W)EPA: Receipt of Information Under the Toxic Substances Control Act [EPA–HQ–OPPT–2013–0677; FRL–9987–29] (N)EPA: Extension of Review Periods Under the Toxic Substances Control Act; Certain Chemicals and Microorganisms; Premanufacture, Significant New Use, and Exemption Notices; Delay in Processing Due to Lack of Authorized Fund-ing [EPA–HQ–OPPT–2019–0021; FRL–9989–21] (N)EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for September 2018 [EPA–HQ–OPPT–2018–0097; FRL–9986–72 (N)GENERAL SERVICES ADMINISTRATION (GSA): Notice of Availability and Announce-ment of Public Meeting for the Final Supplemental Environmental Impact State-ment for the San Ysidro Land Port of Entry Improvements Project, San Ysidro, California [Notice PBS–2019–02; Docket No. 2019– 002; Sequence No. 2]

02-11-19EPA: Energy Conservation Program: Energy Conservation Standards for Gen-eral Service Lamps (PR/RFC)

02-13-19

ENERGY: Energy Conservation Program for Appliance Standards: Proposed Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment[EERE-2017-BT-STD-0062] (PR/RFC)

02-14-19

EPA: Pesticide Emergency Exemptions; Agency Decisions and State and Fed-eral Agency Crisis Declarations [EPA–HQ–OPP–2018–0010; FRL–9987–70](N)EPA: Product Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses [EPA–HQ–OPP–2018–0014; FRL–9987–92](N)

02-15-19

EPA: Trifloxystrobin; Pesticide Tolerances [EPA-HQ-OPP-2017-0530; FRL-9985-23] (FR)EPA: Trifluralin; Pesticide Tolerances [EPA-HQ-OPP-2017-0420; FRL-9983-89] (FR)U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: Notice of Open Public Hearing (N/H) [Feb. 28, 2019]

02-21-19ENERGY: Energy Conservation Program: Test Procedures for Cooking Products and Test Procedures for Portable Air Conditioners; Corrections [EERE-2012-BT-TP-0013; EERE-2014-BT-TP-0014] (FR/C)

02-25-19

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA): Notification of Receipt of a Petition To Ban Imports of All Fish and Fish Products From New Zealand That Do Not Satisfy the Marine Mammal Protection Act (N)EPA: Civil Monetary Penalty Inflation Adjustment Rule - correction ‘[FRL–9988–90–OECA]

02-26-19

ENERGY: Energy Conservation Program: Energy Conservation Standards for Direct Heating Equipment [EERE-2019-BT-STD-0002] (RFI)ENERGY: Energy Conservation Program: Test Procedure for Direct Heating Equipment [EERE–2019–BT–TP–0003] (RFI)EPA: Waxes and Waxy Substances, Rice Bran, Oxidized; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2018-0032; FRL-9987-83] (FR)

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F.R. Date Subject

02-27-19EPA: Abamectin; Pesticide Tolerances [EPA-HQ-OPP-2018-0037; FRL-9987-32] (FR)

02-28-19

EPA: Fenoxaprop-ethyl, Flufenpyr-ethyl, Imazapyr, Maleic hydrazide, Pyrazon, Quinclorac, Triflumizole, et al.; Proposed Tolerance and Tolerance Exemption Actions [EPA–HQ–OPP–2017–0418; FRL–9970–24] (PR) CorrectionNHTSA: Federal Motor Vehicle Safety Standards; Electric-Powered Vehicles: Electrolyte Spillage and Electrical Shock Protection [Docket No. NHTSA-2019-0009] (PR)



The Americas - South America

ARGENTINA

Boletin Oficial publications

The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the pe-riod covered by this Update [Unofficial translation].

BO Date Subject

04-02-19

PRODUCTION AND LABOR (MPYT) - SEC. OF INDUSTRY: Resolution 15/2019 (31-01-18) RESOL-2019-15-APN-SIN # MPYT [Compliance with safety requirements by certain vehicles and acceptance of EU standards]FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP) - GENERAL DIRECTORATE OF

CUSTOMS (DGA): General Resolution 4409 /2019 (30-01-19) Import. Values cri-terion of preventive character. General Resolution No. 2,730 and its amend-ment. Complementary rule.AFIP - DGA: General Resolution 4410 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.AFIP - DGA: General Resolution 4411 /2019 (30-01-19) Common Mercosur Nomenclature (NCM). Tariff classification of merchandise in the aforemen-tioned nomenclature in accordance with the procedure provided for in General Resolution No. 1.618..AFIP - DGA: General Resolution 4412 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.AFIP - DGA: General Resolution 4413 /2019 (30-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.AFIP - DGA: General Resolution 4414 /2019 (31-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.AFIP - DGA: General Resolution 4415 /2019 (31-01-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.

05-02-19

AFIP - DGA: Provision 8/2019 (01-02-19) [Suspension or modification of customs legal or regulatory requirements of a purely formal nature, provided that customs control does not affect, the application of import prohibitions or prohibitions. export or tax interest]AFIP - DGA: Provision 9/2019 (01-02-19) [accept or reject the exception of the suspension of the Registry of Importers and Exporters]

Baker McKenzie


BO Date Subject

08-02-19AFIP: General Resolution 4419/2019 (07-02-19) Import destination for consumption. Contracts with a price revision clause between companies linked to the intervention of third-party operators.

12-02-19

MPYT: Resolution 74/2019 (11-02-19) RESOL-2019-74-APN-MPYT [non-preferential rules of origin documentary requirements that must be presented in the importation of merchandise]MPYT - SEC’Y FOREIGN TRADE: Resolution 4/2019 (08-02-19) RESOL-2019-4-APN-SCE # MPYT [Shipment failing to meet requirements of non-preferential origin rules as product of Malaysia]AFIP: General Resolution 4420/2019 (11-02-19) Import. General Resolution No. 3,109. Modification [mport of property belonging to foreigners - vehicles]

13-02-19MPYT – INDUSTRY: Resolution 23/2019 (12-02-19) RESOL-2019-23-APN-SIN # MPYT [regarding regime for imports of unassembled motorcycles]

14-02-19AFIP: General Resolution 4421/2019 (12-02-19) Chemical precursors. Resolution No. 2,020 (ANA), its amendments and complementary. Your modification

19-02-19AFIP – DGA: General Resolution 4423/2019 (15-02-19) Import. Value criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.

26-02-19AFIP – DGA: Resolution 2/2019 (22-02-19) Fee for presentation of import and export manifests

27-02-19

AFIP – DGA: General Resolution 4425 /2019 (22-02-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule.AFIP – DGA: General Resolution 4426 /2019 (22-02-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary ruleAFIP – DGA: General Resolution 4427 /2019 (22-02-19) Import. Values criterion of preventive character. General Resolution No. 2,730 and its amendment. Complementary rule

28-02-19

MPYT – FOREIGN TRADE: Resolution 11/2019 (26-02-19) RESOL-2019-11-APN-SCE # MPYT [“Turnkey Export Contract Registry”]MPYT – FOREIGN TRADE: Resolution 11/2019 (26-02-19) RESOL-2019-11-APN-SCE # MPYT [“Turnkey Export Contract Registry”]SECURITY/ MPYT/ AFIP: Joint General Resolution 4430/2019 (27-02-19) [Establishes an optional simplified regime of importation for consumption for the national inhabitants with permanent residence in border areas]



BRAZIL

Diário Oficial da União publications

The following notices, Ordinances (Portarias), Circulars and Resolutions of inter-est to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update.

DOU Date Subject

28-01-19SECEX�Portaria�№�1�(25-01-19) Approves the 10th Edition of the Drawback Ex-emption System Manual.

08-02-19SECEX�Portaria�№�154�(02-02-19) Changes the import tax rate to code 0303.53.00 of the Mercosur Common Nomenclature under the Brazilian List of Exceptions to the Common External Tariff.

13-02-19SECEX�Portaria�№�2�(12-02-19) - Establishes criteria for allocation of import quotas, determined by SECINT Portaria nº 154, of February 6, 2019

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DOU Date Subject

01-03-19SECEX Portaria No. 3 (28-02-19) - Delegates powers to the Executive Secre-tary of the Foreign Trade Chamber of the Special Secretariat for Foreign Trade and International Affairs of the Ministry of Economy



VENEZUELA

Tax benefits in the Special Economic Zones of the Palavecino and Iribarren Municipalities in the state of Lara in Venezuela

Presidential Decree No. 3,426, in effect since 15 May 2018, created a Special Economic Zone in the Palavecino Municipality and another in the Iribarren Munic-ipality, both in the state of Lara (the “Zones”) [Official Gazette № 6,387 Ext. of 3 July 2018] The first Zone is in the rural settlement of La Galería, Las Tres Topias sector, Industrial Zone of Cabudare. The second Zone is in the Industrial Zones of the Iribarren Municipality.

Presidential Decree No. 3,652, in force since 2 November 2018, established that the Zones will have as a special purpose the export of goods, employing indus-trial and agricultural potential. Decree No. 3,652 [Official Gazette №. 41,516 of 2 November 2018] established the following tax benefits in the Zones:

� The companies installed in the Zones can benefit from the investment and inter-national trade agreements subscribed by Venezuela.

� The import of goods, equipment, tools and materials made by individuals or legal entities (whether private or government-owned) for the reactivation, moderniza-tion and construction of infrastructure in the Palavecino and Iribarren municipali-ties, will not be subject to customs duties or fee. The installation agreement must establish such duties and fees.

� Legal entities established in the Zones may enjoy a 100% income tax (“I/T”) ex-oneration, as established in the agreement of the Board of Directors of the Zone.

� If the beneficiary of the exoneration in the first year of operation uses at least 70% of its production for export, it shall maintain the 100% exoneration benefit. Otherwise, it must pay 50% of the I/T rate. The benefit will be maintained during the first five years of operation.

� If the beneficiary of the exoneration, from the sixth year of operation, maintains an export level of 70% of its production, they will obtain a 75% reduction in the I/T fee. Otherwise, it will benefit from a 25% exoneration. The benefit will be maintained until the 10th year of operation. After the 11th year of operation, if the beneficiary of the exoneration maintains an export level of 70% of its production, it will obtain a 50% reduction in the I/T rate. Otherwise, it will only get a 25% I/T exoneration.

When the beneficiaries of the exoneration incorporate national components in their production processes, they will obtain I/T reductions according to the follow-ing table:

Percentage of incorporation ofnational components

20% 30% 40% 50% 60%

I/T reduction 5% 10% 15% 20% 25%

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For additional information, please contact the authors: Ronald Evans, José P Barnola Jr. or Óscar Moreán.

Asia-Pacific

[Please note that material pertaining to the Eurasian Economic Union (EAEU) and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the Kyrgyz Republic is shown under EUROPE.]

AUSTRALIA

DHA notices and advices

The following Department of Home Affairs (DHA, formerly Immigration and Bor-der Protection (DIBP)) Notices and Cargo advices (ACCA) were issued during the period covered by this Update:

Date Series and�№ Title

30-01-19(26-02-19)

DHA�№ 2019/03Indexation of customs duty rates on excise-equivalent goods on 4 February 2019 (updated)

31-01-19(26-02-19)

DHA�№�2019/04Differentiated examination benefit for Trusted Traders (Up-dated)

25-02-19(26-02-19)

DHA�№�2019/06Tablet Press Import Control Discussion Paper (Due 29-03)(updated)

26-02-19(28-02-19)

DHA�№�2019/07Biannual indexation of customs duty rates for tobacco and tobacco products – 1 March 2019 (updated)

Australian Gazettes

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

Date Matter

04-02-19 Notice of Substituted Rates of Excise Duty - Notice No. 1 (2019)

05-02-19Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods - No-tice (No. 1) 2019

Australian Tariff Precedents

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



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) [see also Hong Kong TID notices below]:

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Date Series�and�№ Subject

02-22-19 GAC�№�35Announcement on Phytosanitary Requirements for Im-ported Bolivian Soybeans)

Antidumping and Countervailing Duty Cases


Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy)

The Trade and Industry Department closely monitors developments in the eco-nomic and business environment of the Mainland, and gathers information con-cerning the Mainland's introduction of and amendments to trade/commercial laws, regulations and policies. This information is disseminated to local business sector through “Commercial Information Circulars” and other circulars listed be-low [English translations by the TID of PRC notices and other documents.] (dd-mm-yy)

HK�Cir.�№ Date Matter

95/2019 01-02-19China : Public Consultation on “Decision of the Ministry of Com-merce on the Abolishment and Amendment of Certain Regulations (Draft)”

105/2019 04-02-19China : Notice Concerning Accomplishing Examination and Ap-proval Work on Import and Export of Civil Explosives

106/2019 04-02-19China : Notice Concerning Supporting the Development of Bonded Research and Development Business in Comprehensive Bonded Zones

108/2019 04-02-19China : Notice Concerning Implementation Matters Related to Inno-vative Regulatory Measures (“Four Self-services and One Simplifi-cation”) in Comprehensive Bonded Areas

111/2019 11-02-19China : Food Safety Supervision and Sampling Inspection Plan in 2019

113/2019 11-02-19China : Notice Concerning Certain Inspection and Release Issues Related to Entry of Food from Overseas to Comprehensive Bonded Areas

114/2019 11-02-19China : Notice Concerning Further Expanding the Pilot on Granting General Value-added Taxpayer Status to Enterprises in Certain Special Customs Supervision Zones

15/2019 11-02-19The Mainland of China : “Rules for Examination of Production Li-cence of Formula Food for Special Medical Purposes”

119/2019 11-02-19The Mainland of China : Public Consultation on “Administrative Measures on Sampling Inspection for Food Safety (Revised Draft for Consultation)”

132/2019 14-02-19The Mainland of China : Notice Concerning Tax-free Import Plan for Seeds and Seed Sources in 2019

134/2019 15-02-19The Mainland of China : Applicable Preferential Tariff Rates for Cer-tain Imported Goods under China-Chile Free Trade Agreement

154/2019 25-02-19The Mainland of China : Guangdong Province's “Measures on Opti-mizing the Business Environment of Ports and Enhancing Cross-border Trade Facilitation”

164/2019 28-02-19

The Mainland of China : Implementation Guide of the Certification and Accreditation Administration on Amendment Clauses related to Testing and Certification under the Agreement on Trade in Services of the Mainland and Hong Kong Closer Economic Partnership Ar-rangement (CEPA)

165/2019 28-02-19The Mainland of China : Notice Concerning Certain Implementation Issues Related to Inspection Items for Animal and Plant Products

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HK�Cir.�№ Date Matter

Entering Comprehensive Bonded Zones from Overseas (based on “Entry of Zones First, Post Inspection”)

INDIA

Material in this section and the India Antidumping Countervailing Duty and 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:


CBIC Non-Tariff Notifications

06-02-19 08/2019-Cus (NT)The Customs Brokers Licensing Regulations, 2018 amended

07-02-19 09/2019-Cus (NT)Exchange rate notification providing conversion rate of for-eign currencies to INR

15-02-1910/2019-Cus (NT)

Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

11/2019-Cus (NT)Exchange rate notification providing conversion rate of South African Rand to INR

16-02-19 12/2019-Cus (NT) All India Rates (AIRs) of Duty Drawback amended

21-02-19 13/2019-Cus (NT)Exchange rate notification providing conversion rate of for-eign currencies to INR

26-02-19 14/2019-Cus (NT)Administrative changes in jurisdiction of the Chief Commis-sioner of Customs, Mumbai, Zone-II

27-02-19

15/2019-Cus (NT)Formats for Courier Bill of Entry and Shipping Bills under the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 substituted

16/2019-Cus (NT)Format for Courier Shipping Bill under the Courier Imports and Exports (Clearance) Regulations, 1998 substituted

17/2019-Cus (NT)Implementation of the Sea Cargo Manifest and Tranship-ment Regulations, 2018 postponed from 1 March, 2019 to 1 August, 2019

28-02-19 18/2019-Cus (NT)Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver

CBIC Tariff Notifications

07-02-19 04/2019-CusAllows temporary import of aircrafts for participation in Aero Show organised by the Central Government without furnish-ing bank guarantee or cash deposit

16-02-19 05/2019-Cus

Tariff item 9806 0000 inserted in Chapter 98 of the First Schedule to the Customs Tariff Act, 1975 to impose Basic Customs Duty of 200% on all goods originating in or ex-ported from Pakistan

26-02-19 06/2019-CusImplementation of increased Customs Duty on specified im-ports originating in the USA postponed from 2 March, 2019 to 1 April, 2019

CBIC Circulars

01-02-19 04/2019-Customs

Clarification regarding recession of Circular No. 46/2017-Customs dated 24 November, 2017 concerning applicability of Integrated Goods and Services Tax (IGST)/ Goods and Services Tax (GST) on goods transferred/ sold while being

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deposited in Customs warehouse

20-02-19

05/2019-CustomsClarification regarding amendments to All Industry Rates (AIRs) of Duty Drawback

06/2019-Customs

Clarification regarding recession of Circular No. 132/95-Customs dated 22 December, 1995 concerning warehous-ing – grant of in-bound manufacturing facility under Section 65 of the Customs Act, 1962

21-02-19 07/2019-Customs

Clarification regarding discontinuation of printing of Ad-vance Authorisations/ Export Promotion Capital Goods (EPCG) Authorisations on security paper by the Directorate General of Foreign Trade (DGFT) for authorisations issued with EDI ports as port of registration

26-02-19 08/2019-CustomsClarification regarding carriage of coastal cargo from one Indian port to another port in foreign going vessels/ coastal vessels through foreign territory

28-02-19 09/2019-Customs Reforms introduced for ease of doing business

DGFT Notifications

18-02-19 56/2015-2020

Red Sanders Wood exclusively sourced from cultivation origin obtained from private land (including Pattaland) al-lowed for export in log form, roots and value added prod-ucts to facilitate exports

DGFT Public Notices

05-02-19 72/2015-2020Format of ANF 3D for exports using e-commerce to claim Merchandise Exports from India Scheme (MEIS) benefits amended

14-02-19 73/2015-2020Standard Input-Output Norms (SION) amended to allow im-port of Groundnut in shell/ kernels for export of HPS Groundnut Kernels

18-02-19 74/2015-2020Procedure prescribed to obtain license for export of Red Sanders Wood exclusively sourced from cultivation origin obtained from private land (including Pattaland)

25-02-19 75/2015-2020Mundra Port included as seventh port where pre-inspection certificate is not required in case of import of metallic scrap from safe countries/ regions

26-02-19 76/2015-2020Appendix 3B, Table 2 of Merchandise Exports from India Scheme (MEIS) amended to align/ harmonise with ITC(HS), 2017



MALAYSIA

Amendments�to�Malaysia’s�Customs�Act:�increased�penalties�and�more robust review process

BackgroundUnder the administration of the new Malaysian government, the following rounds of legislative amendments have been effected to the Malaysian Customs Act 1967 (“the Act”):

� the Customs (Amendment) Act 2018 which was gazetted on 28 August 2018 and entered into force on 1 September 2018;

� the Customs (Amendment) (No. 2) Act 2018 which was gazetted on 28 Decem-ber 2018 and recently entered into force on 2 January 2019 (together, the “Amending Acts”).

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Key ChangesThe Amending Acts brought about changes to various aspects of the Act, includ-ing, among others, penalties for offences under the Act, review and appeal pro-cess, enforcement powers of customs officers and regulation of customs agents. Key changes under the Act are summarised as follows:

(a) enhanced powers of enforcementIn addition to existing powers provided under the Act, senior customs officers are further accorded powers of a police officer as provided under the Criminal Proce-dure Code in relation to enforcement, investigation and inspection.

(b) increased penalties for offences under the ActA summary of key increments in penalties are set out in the table below:

Maximum penalty under old provisionsMaximum penalty under amended pro-

visions

Section 133 - Penalty on making incorrect declarations and on falsifying documents

RM 500,000 fine and/or imprisonment up to 5 years


Section 135 - Penalty relating to smuggling offences, evasion of duty, fraud, etc.

Cases involving dutiable goods other than cigarettes containing tobacco and in-toxicating liquor

First offence

Fine not more than 20 times the customs duty or RM 100,000 (whichever greater)

and/or imprisonment up to 3 years

Subsequent offence(s)



First Offence




Fine not more than 40 times the customs duty or RM 1,000,000 (whichever greater)


Cases involving prohibited goods other than cigarettes containing tobacco and intoxicating liquor

First offence






First offence






Section 137 - Penalty for offering or receiving bribes



Section 138 - Penalty for offences not otherwise provided for



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(c) heftier penalties for smuggling offences relating to cigarettes containing tobacco and intoxicating liquorThe Amending Acts have also introduced heftier penalties for smuggling offences in relation to cigarettes containing tobacco and intoxicating liquor[2] as follows:

Maximum penalty for first offenceMaximum penalty for subsequent of-

fence(s)

Cases involving dutiable cigarettes containing tobacco and intoxicating liquor





Cases of cigarettes containing tobacco or intoxicating liquor which are prohib-ited goods

Fine not more than 20 times the value of goods or RM 500,000 (whichever greater)


First offence

Fine not more than 40 times the value of goods or RM 1,000,000 (whichever

greater) and/or imprisonment up to 5years

(d) revamp to the review and appeal processKey changes to the review and appeal process under the Act are summarised as follows:

� review of decision of the Director General of Customs (“DG”) – under the old Act, any person aggrieved by the decision of the DG may appeal to the Customs Ap-peal Tribunal (“CAT”) within 30 days from the date of notification of decision in writing. The Amending Acts introduce an additional layer of recourse by allowing an aggrieved person to apply to the DG to review any of his decision within the similar 30 days timeline;

� representation at appeal hearing – under the old Act, advocates and solicitors are not allowed to represent an appellant at the hearing of an appeal before the CAT. Following the entry into force of the Amending Acts, the above restriction against legal representation has been removed and appellants can now appoint legal counsel to represent them before the CAT.

ConclusionThe amendments to the Act result in an overall more stringent customs regime as can be gleaned from the significant increase in quantum of penalties for cus-toms non-compliances as well as the enhanced enforcement powers accorded to customs officers. Whilst this is the case, the amendments also appear to provide a more robust appeal process to deal with any grievances that may arise in rela-tion to the Act, striking a fair balance between deterrence and ensuring an overall business friendly outlook.

At this juncture, Malaysia still does not have a voluntary disclosure regime, which would help genuine businesses better comply and regularise their operations visa-vis the Act. However, this may potentially change if and when Malaysia de-cides to ratify the Comprehensive and Progressive Trans-Pacific Partnership Agreement, which has already entered into force on 30 December 2018 for Mex-ico, Japan, Singapore, New Zealand, Canada and Australia.

If you have any questions, please contact the authors, Adeline Wong, Ivy Tan and Kelvin Hong

________________________________________________________________

Baker McKenzie


[1] This increase in penalties for bribery-related offences is in line with the newly elected govern-ment’s�ongoing�efforts�to�clamp�down�on�corruption�nationwide.

[2] Please note the first draft of the Customs (Amendment) (No. 2) Bill 2018 initially proposed the in-clusion of punishment in the form of whipping in addition to the penalties outlined above. However, this was removed subsequently.

NEW ZEALAND

New permit requirement for import and export of Hydrofluorocar-bons (HFCs)

New Zealand has adopted the Kigali Amendment to the Montreal Protocol (an in-ternational agreement that regulates substances that deplete the ozone layer). The Amendment means that after 31 December 2019, a permit will be required to import or export hydrofluorocarbons (HFCs).

The Environmental Protection Authority (EPA) is responsible for administering the permit system. Applications for permits for 2020 are now open, and applica-tions for grandparents eligibility – for�importers�of�HFC’s�between�2015-2017, close on 18 March 2019. For additional information go to the EPA website.

SINGAPORE

Notices, circulars, etc.

Date Reference Matter

08-02-19 Cir. 02/2019Changes to the prohibition of imports, exports, transhipments and goods in transit to and from South Sudan and EritreaUnited Nations Security Council (UNSC) Sanctions

18-02-19 Cir. 03/2019 Notification of Tariff Changes

25-02-19 Cir. 04/2019Changes to the list of items requiring mandatory transhipment and transit permits under the Fourth and Fifth Schedules of the Strate-gic Goods Control Regulations [Strategic/Controlled Goods]

Europe, Middle East and North Africa

EUROPEAN UNION AND EFTA

EEA EFTA States and US expand the scope of the MRA on Marine Equipment

On 25 February 2019, the EFTA Secretariat announced that on 22 February, the EEA EFTA States and the US signed a Joint Committee Decision expanding the scope�of�the�Parties’�Mutual�Recognition Agreement (MRA) applicable to marine equipment. The announcement said:

Specifically, the MRA now applies to eight new, important categories of marine equip-ment. A consolidated version of the agreement is available here, with the product scope listed under Annex II.

Protocol 12 to the EEA Agreement provides that when the EU takes the initiative to negotiate Mutual Recognition Agreements (MRAs), it will “negotiate on the basis that the third countries concerned will conclude parallel MRAs with the EEA EFTA States, equivalent to those to be concluded by the EU”. Through this system of parallel trade agreements, third countries are granted simplified market access throughout the EEA for the sectors covered and vice versa. An identical Decision was concluded between the EU and the US, on 18 February, only days before that of the EEA EFTA States and the US.

Specifically, MRAs promote trade in goods by reducing the need for additional testing of export goods: the Parties agree to mutually recognise and accept the test results of







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each�other’s�conformity�assessment�bodies�(CABs).�Conformity�assessment�is�the�process by which products are measured against the various technical, safety and quality standards that governments impose on products. MRAs allow an exporting country’s�CAB�to�use�the�tests�and�standards�of�the�importing�country�in�evaluating�products, thereby reducing the number of CABs that must evaluate a product des-tined for multiple markets. Concretely, this means that a CAB located in an EEA EFTA�State�may�assess�a�product’s�compliance�not�only�with�the�local,�national�re-quirements but also with the US requirements thereby avoiding the need for costly and time-consuming duplication of testing.

Foreign Direct Investments – EU Framework Regulation

On 14 February 2019, the European Parliament voted in favour of a 2017 Com-mission proposal to implement a Europe-wide framework for screening foreign di-rect investments. The text approved by the Parliament follows talks between the Commission, the Council and the Parliament that concluded in November 2018. Final approval from the Council is expected on 5 March 2019 with the regulation coming into force 18 months after its publication in the Official Journal.

Currently, 14 Member States have national screening mechanisms in place which vary in design and scope. The proposal for a Europe-wide framework for screening foreign direct investments would allow Member States and the Com-mission to cooperate and exchange information on investments from third coun-tries that may affect security or public order in the EU. The proposal is primarily aimed at protecting critical infrastructure, such as energy, transport, data, fi-nance, and critical technologies, such as artificial intelligence, semiconductors and robotics.

In particular, the new framework:

� creates a cooperation mechanism where Member States and the Commission will be able to exchange information and raise concerns related to specific invest-ments;

� allows the Commission to issue opinions when an investment threatens the secu-rity or public order of more than one Member State, or when an investment could undermine a project or programme of interest to the whole EU, such as Horizon 2020 or Galileo;

� encourages international cooperation on investment screening, including sharing experience, best practices and information on issues of common concerns;

� sets certain requirements for Member States who wish to maintain or adopt a screening mechanism at national level, though Member States will retain an ulti-mate veto regarding whether a specific investment operation should be allowed in their territory but must give due consideration to any comment or opinion of the Commission; and

� takes into account the need to operate under short business-friendly deadlines and strong confidentiality requirements.

If you have any questions, please contact the author, Sunny Mann.

EU issues updated correlation tables for TARIC and dual-use an-nex

On 10 January 2019, the European Commission issued a spreadsheet which correlates the 2019 CN, TARIC and dual use codes in the annex to Council Reg-ulation (EC) No. 428/2009, as amended.

Registration of SPV to facilitate trade with Iran announced

Baker McKenzie


On 31 January, EU Foreign Ministers Jean-Yves Le Drian (France), Heiko Maas (Germany) and Jeremy Hunt (United Kingdom) announced the registration of the Instrument for Supporting Trade Exchanges (“INSTEX SAS”), a Special Purpose Vehicle designed to facilitate legitimate trade between European economic oper-ators and Iran (press release available here). This comes after the joint an-nouncement,�in�November�2018,�affirming�the�EU’s�commitment�to�maintaining�financial channels with Iran after the US withdrawal from the JCPOA, and subse-quent reports of delays encountered in setting up this SPV.

INSTEX has been registered in France, with Germany, France and the UK as ini-tial shareholders. It will reportedly be headed by German banker Per Fischer, and its supervisory board will consist of 3 diplomats: Migher Berger of Germany, Maurice Gourdault-Montagne of France and Simon McDonald of the UK. Alt-hough the registration of INSTEX is a notable development, the Foreign Ministers noted in their announcement that it is not yet operational and that there are more technical and legal aspects to address, including the creation of the necessary counterpart structures in Iran. Details on an exact timeline have not yet been an-nounced.

INSTEX will initially support trade only with European countries, and focus on the sectors most essential to the Iranian population such as pharmaceutical, medical devices and agri-food goods. However, it aims in the long term to be open to economic operators from other countries who wish to trade with Iran.

If you have any questions, please contact Sunny Mann or Ross L. Denton.

Commission issues tariff classification regulations

See separate section below for tariff classification regulations issued by the 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.

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.

Binding Tariff Information is issued on request to economic operators by the cus-toms authorities of the Member States. It is valid throughout the Community, re-gardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member Statewhich issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can pro-vide. You can search and consult existing BTIs on the EBTI-database.

Official Journal documents

The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific sub-stances and fishing rights) were published in the Official Journal of the European

Baker McKenzie


Union:

OJ Date Subject

01-02-19

Commission Delegated Regulation (EU) 2019/157 of 6 November 2018 amend-ing Annex II to Delegated Regulation (EU) No 1062/2014 on the work pro-gramme for the systematic examination of all existing active substances con-tained in biocidal products referred to in Regulation (EU) No 528/2012 of the Eu-ropean Parliament and of the CouncilCommission Implementing Regulation (EU) 2019/158 of 31 January 2019 re-newing the approval of the active substance methoxyfenozide, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the Euro-pean Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

04-02-19

Decision No 1/2019 of the ESA-EU Customs Cooperation Committee of 14 Jan-uary 2019 on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of Mauritius with regard to salted snoek [2019/167]Update of the list of border crossing points as referred to in Article 2(8) of Regu-lation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2019/C 43/02|

05-02-19

Commission Implementing Regulation (EU) 2019/168 of 31 January 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus sub-tilis (Cohn 1872) Strain QST 713, Bacillus thuringiensis subsp. Aizawai, Bacillus thuringiensis subsp. israeliensis, Bacillus thuringiensis subsp. kurstaki, Beau-veria bassiana, benfluralin, clodinafop, clopyralid, Cydia pomonella Granulovi-rus (CpGV), cyprodinil, dichlorprop-P, epoxiconazole, fenpyroximate, fluazinam, flutolanil, fosetyl, Lecanicillium muscarium, mepanipyrim, mepiquat, Metarhizium anisopliae var. Anisopliae, metconazole, metrafenone, Phlebiopsis gigantea, pi-rimicarb, Pseudomonas chlororaphis strain: MA 342, pyrimethanil, Pythium oli-gandrum, rimsulfuron, spinosad, Streptomyces K61, thiacloprid, tolclofos-me-thyl, Trichoderma asperellum, Trichoderma atroviride, Trichoderma gamsii, Trichoderma harzianum, triclopyr, trinexapac, triticonazole, Verticillium albo-atrum and ziramCommission Delegated Directive (EU) 2019/169 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in dielectric ceramic in certain capacitorsCommission Delegated Directive (EU) 2019/170 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in PZT based dielectric ceramic materials for certain ca-pacitorsCommission Delegated Directive (EU) 2019/171 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium and its compounds in electrical contactsCommission Delegated Directive (EU) 2019/172 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders to complete a viable electrical connection be-tween semiconductor die and carrier within integrated circuit flip chip packagesCommission Delegated Directive (EU) 2019/173 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead and cadmium in printing inks for the application of enam-els on glasses

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OJ Date Subject

Commission Delegated Directive (EU) 2019/174 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead bound in crystal glass as defined in Directive 69/493/EECCommission Delegated Directive (EU) 2019/175 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead oxide in seal frit used for making window assemblies for certain laser tubesCommission Delegated Directive (EU) 2019/176 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the plating layer of certain diodesCommission Delegated Directive (EU) 2019/177 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as activator in the fluorescent powder of discharge lamps containing phosphorsCommission Delegated Directive (EU) 2019/178 of 16 November 2018 amend-ing, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in bearings and bushes applied in certain non-road pro-fessional use equipmentDecision No 1/2018 of the Trade Committee of 13 December 2018 modifying Appendix 1 to Annex XIII to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Ecuador and Peru, of the other part [2019/179]Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 46/03]Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 46/04]

06-02-19

Council Decision (EU) 2019/217 of 28 January 2019 on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the Euro-pean Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part� Agreement in the form of an Exchange of Letters between the European

Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part

Corrigendum to Commission Implementing Decision (EU) 2018/1622 of 29 Oc-tober 2018 on the non-approval of certain active substances in biocidal products pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council ( OJ L 271, 30.10.2018 )Corrigendum to the Summary of European Commission Decisions on authorisa-tions for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parlia-ment and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) ( OJ C 30, 24.1.2019 ) [2019/C 47/07]

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OJ Date Subject

Corrigendum to the Summary of European Commission Decisions on authorisa-tions for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parlia-ment and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) ( OJ C 30, 24.1.2019 ) [2019/C 47/08]

07-02-19

Commission Regulation (EU) 2019/220 of 6 February 2019 amending Regula-tion (EC) No 865/2006 laying down detailed rules concerning the implementa-tion of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade thereinCouncil Decision (EU) 2019/222 of 20 December 2018 on the position to be taken, on behalf of the European Union, within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and cooper-ation between the European Community, of the one part, and the Palestine Lib-eration Organization (PLO) for the benefit of the Palestinian Authority (PA) of the West Bank and the Gaza Strip, of the other part, concerning the extension of the EU-PA Action PlanRecommendation No 1/2019 of the EU-PLO Joint Committee of 31 January 2019 approving the extension of the EU-PA Action Plan [2019/223]Decision No 1/2019 of the EU-Japan Working Group on Wine of 1 February 2019 on the forms to be used for certificates for the import of wine products orig-inating in Japan into the European Union and the modalities concerning self-cer-tification [2019/224]Decisions of the EEA Joint Committee 68/2017 through 103/2017

08-02-19

Commission Delegated Regulation (EU) 2019/227 of 28 November 2018 amending Delegated Regulation (EU) No 1062/2014 as regards certain active substances/product-type combinations for which the competent authority of the United Kingdom has been designated as the evaluating competent authorityCommission Regulation (EU) 2019/229 of 7 February 2019 amending Regula-tion (EC) No 2073/2005 on microbiological criteria for foodstuffs as regards cer-tain methods, the food safety criterion for Listeria monocytogenes in sprouted seeds, and the process hygiene criterion and food safety criterion for unpasteur-ised fruit and vegetable juices (ready-to-eat) ( 1 )Commission Implementing Regulation (EU) 2019/230 of 7 February 2019 cor-recting certain language versions of Implementing Regulation (EU) 2017/2330 concerning the authorisation of Iron(II) carbonate, Iron(III) chloride hexahydrate, Iron(II) sulphate monohydrate, Iron(II) sulphate heptahydrate, Iron(II) fumarate, Iron(II) chelate of amino acids hydrate, Iron(II) chelate of protein hydrolysates and Iron(II) chelate of glycine hydrate as feed additives for all animal species and of Iron dextran as feed additive for piglets and amending Regulations (EC) No 1334/2003 and (EC) No 479/2006Council Decision (EU) 2019/233 of 6 November 2018 on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifi-cations to UN Regulations Nos 3, 4, 6, 7, 11, 14, 16, 17, 19, 23, 24, 27, 29, 34, 37, 38, 43, 44, 46, 48, 50, 53, 60, 67, 69, 70, 74, 77, 83, 86, 87, 91, 94, 95, 98, 99, 100, 101, 104, 105, 110, 112, 113, 119, 121, 123, 128, 129, 132 and 137 and to UN Global Technical Regulation No 9, and as regards the proposals for three new UN RegulationsCouncil Decision (EU) 2019/234 of 5 February 2019 on the position to be taken on behalf of the European Union within the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the adoption of the rules of procedure of the Joint Council and of the Trade and Development CommitteeRegulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000Statement by the European Parliament relating to Regulation (EU) 2019/216 of the European Parliament and of the Council on the apportionment of tariff rate

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OJ Date Subject

quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 [2019/C 51/01]

11-02-19

Commission Implementing Regulation (EU) 2019/238 of 8 February 2019 amending Regulation (EU) No 37/2010 to classify the substance ovotransferrin as regards its maximum residue limitCommission Implementing Decision (EU) 2019/242 of 7 February 2019 amend-ing Implementing Decision (EU) 2017/675 with regards to measures preventing the introduction into the Union of the foot-and-mouth disease virus from Algeria, Libya, Morocco and Tunisia (notified under document C(2019) 768)

12-02-19

Commission Implementing Decision (EU) 2019/246 of 11 February 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 1107)Commission Implementing Decision of 11 February 2019 on the initiation of the procedure for temporary withdrawal of the tariff preferences provided to the Kingdom of Cambodia under Article 19 of Regulation (EU) No 978/2012 [2019/C 55/07]

13-02-19

Commission Implementing Regulation (EU) 2019/249 of 12 February 2019 sus-pending the tariff preferences for certain GSP beneficiary countries in respect of certain GSP sections in accordance with Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences for the period of 2020-2022

14-02-19

Decision No 1/2019 of the EU-Switzerland Joint Committee of 29 January 2019 amending Tables III and IV of Protocol 2 to the Agreement between the Euro-pean Economic Community and the Swiss Confederation of 22 July 1972, as amended [2019/258]

15-02-19

Commission Implementing Regulation (EU) 2019/260 of 14 February 2019 amending Implementing Regulation (EU) No 180/2014 as regards the volumes of traditional trade flows between certain outermost regions of the Union and the United KingdomRegulation No 83 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of vehicles with regard to the emission of pollutants according to engine fuel requirements [2019/253]

19-02-19

Council Decision (EU) 2019/274 of 11 January 2019 on the signing, on behalf of the European Union and of the European Atomic Energy Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and North-ern Ireland from the European Union and the European Atomic Energy Commu-nityAgreement on the withdrawal of the United Kingdom of Great Britain and North-ern Ireland from the European Union and the European Atomic Energy Commu-nity [2019/C 66 I/01]Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom [2019/C 66 I/02]

20-02-19

Commission Implementing Regulation (EU) 2019/290 of 19 February 2019 es-tablishing the format for registration and reporting of producers of electrical and electronic equipment to the registerCommission Implementing Regulation (EU) 2019/291 of 19 February 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-naphthylacetamide, 1-naph-thylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kres-oxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazineCommission Implementing Decision (EU) 2019/294 of 18 February 2019 laying down the list of territories and third countries authorised for imports into the Un-ion of dogs, cats and ferrets and the model animal health certificate for such im-ports (notified under document C(2019) 1059)Regulation No 58 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of: I. Rear underrun protective devices (RUPDs) II. Vehicles with regard to the installation of an

Baker McKenzie


OJ Date Subject

RUPD of an approved type III. Vehicles with regard to their rear underrun pro-tection (RUP) [2019/272]Regulation No 123 of the Economic Commission for Europe of the United Na-tions (UN/ECE) — Uniform provisions concerning the approval of adaptive front-lighting systems (AFS) for motor vehicles [2019/273]

21-02-19

Commission Implementing Regulation (EU) 2019/298 of 20 February 2019 amending Annex I to Regulation (EC) No 798/2008 as regards the entries for Belarus, Bosnia and Herzegovina and Japan in the list of third countries, territo-ries, zones or compartments from which certain poultry commodities may be im-ported into or transit through the UnionSummary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 68/05]

22-02-19

Council Decision (EU) 2019/301 of 12 February 2019 on the conclusion, on be-half of the Union and of the Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the Euro-pean Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European UnionCouncil Decision (EU) 2019/304 of 18 February 2019 concerning the notification by the United Kingdom of Great Britain and Northern Ireland of its wish no longer to take part in some of the provisions of the Schengen acquis which are contained in Council Regulation (EC) No 377/2004 on the creation of an immi-gration liaison officers networkCommission Implementing Decision (EU) 2019/313 of 21 February 2019 on the approval of the technology used in SEG Automotive Germany GmbH High effi-cient 48V motor generator (BRM) plus 48V/12V DC/DC converter for use in con-ventional combustion engine and certain hybrid powered light commercial vehi-cles as an innovative technology for reducing CO2 emissions from light commer-cial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parlia-ment and of the CouncilCommission Implementing Decision (EU) 2019/314 of 21 February 2019 on the approval of the technology used in SEG Automotive Germany GmbH High effi-cient 48V motor generator (BRM) plus 48V/12V DC/DC converter for use in con-ventional combustion engine and certain hybrid powered passenger cars as an innovative technology for reducing CO2 emissions from passenger cars pursu-ant to Regulation (EC) No 443/2009 of the European Parliament and of the CouncilCommission Implementing Decision (EU) 2019/315 of 21 February 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 1576)Regulation (EU) 2019/287 of the European Parliament and of the Council of 13 February 2019 implementing bilateral safeguard clauses and other mecha-nisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between the European Union and third countriesNotice from the European Commission on cumulation between the European Union and certain States belonging to the African Caribbean and Pacific group of�States�(‘ACP�States’)�applying�an�EPA,�other�ACP�States�and�the�Overseas�Countries and Territories of the European Union under the Economic Partner-ship Agreements between the European Union and the CARIFORUM States, the Pacific States and the Eastern and Southern Africa States [2019/C 69/02]

25-02-19Commission Implementing Regulation (EU) 2019/321 of 18 February 2019 con-cerning the classification of certain goods in the Combined Nomenclature and repealing Implementing Regulation (EU) 2017/1232

26-02-19Commission Implementing Regulation (EU) 2019/324 of 25 February 2019 amending Implementing Regulation (EU) No 540/2011 as regards the approval

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OJ Date Subject

periods of the active substances bifenthrin, carboxin, FEN 560 (also called fenu-greek or fenugreek seed powder), pepper dust extraction residue and sodium aluminium silicateCorrigendum to Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975) ( OJ L 296, 22.11.2018 )Commission Regulation (EU) 2019/318 of 19 February 2019 amending Regula-tion (EU) 2017/2400 and Directive 2007/46/EC of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel con-sumption of heavy-duty vehicles

27-02-19

Commission Delegated Regulation (EU) 2019/330 of 11 December 2018 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals ( 1 )

28-02-19

Commission Delegated Regulation (EU) 2019/334 of 19 December 2018 amending Delegated Regulation (EU) 2015/2446 as regards the time-limits for lodging entry summary declarations and pre-departure declarations in case of transport by sea from and to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of ManCommission Implementing Regulation (EU) 2019/336 of 27 February 2019 amending Regulation (EU) No 1141/2010 and Implementing Regulation (EU) No 686/2012 as regards the rapporteur Member State for the evaluation of 1-methylcyclopropene, famoxadone, mancozeb, methiocarb, methoxyfenozide, pi-rimicarb, pirimiphos-methyl and thiaclopridCommission Implementing Regulation (EU) 2019/337 of 27 February 2019 ap-proving the active substance mefentrifluconazole in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011Decision (EU) 2019/339 of the President of the European Commission of 21 February 2019 on the function and terms of reference of the hearing officer in certain trade proceedingsCorrigendum to Commission Regulation (EU) 2018/1497 of 8 October 2018 amending Annex II to Regulation (EC) No 1333/2008 of the European Parlia-ment and of the Council as regards food category 17 and the use of food addi-tives in food supplements ( OJ L 253, 9.10.2018 )Commission Regulation (EU) 2019/319 of 6 February 2019 amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annex XV to Commission Regulation (EU) No 142/2011 as regards health certification at import into the Union concerning transmissible spongiform en-cephalopathies (Text with EEA relevance.)

Restrictive measures established, amended, corrected

During the past month, the following restrictive measures were established, amended or corrected:

OJ Date Restrictive Measure

04-02-19Commission Implementing Regulation (EU) 2019/162 of 1 February 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific re-strictions on economic and financial relations with Iraq

14-02-19

Commission Implementing Regulation (EU) 2019/257 of 13 February 2019 amending for the 294th time Council Regulation (EC) No 881/2002 imposing cer-tain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

18-02-19

Council Implementing Regulation (EU) 2019/270 of 18 February 2019 imple-menting Regulation (EU) 2016/1686 imposing additional restrictive measures di-rected against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, enti-ties or bodies associated with them

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OJ Date Restrictive Measure

Council Decision (CFSP) 2019/271 of 18 February 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them

19-02-19

Council Regulation (EU) 2019/278 of 18 February 2019 amending Council Regu-lation (EC) No 314/2004 concerning certain restrictive measures in respect of ZimbabweCommission Implementing Regulation (EU) 2019/283 of 18 February 2019 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of ZimbabweCouncil Decision (CFSP) 2019/284 of 18 February 2019 amending Decision 2011/101/CFSP concerning restrictive measures against ZimbabweCouncil Implementing Regulation (EU) 2019/279 of 18 February 2019 imple-menting Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in AfghanistanCouncil Implementing Decision (CFSP) 2019/285 of 18 February 2019 imple-menting Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situa-tion in Afghanistan

26-02-19Council Decision (CFSP) 2019/325 of 25 February 2019 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus



INDIVIDUAL COUNTRIES

FRANCE

Official Gazette (Journal officiel)

Date Measure

14-02-19

1 Law№ 2019-89 of 13 February 2019 authorizing the ratification of the Partner-ship Agreement on relations and cooperation between the European Union and its Member States, of the one part, and New Zealand, of other part 30 Decree No. 2019-93 of 12 February 2019 amending Decree No. 2007-1665 of 26 November 2007 on the organization of deconcentrated services of the Di-rectorate General of Customs and Indirect Taxation and Decree No. 97-1195 of 24 December 1997 for the application of the second paragraph of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual ad-ministrative decisions (Ministers for Finance, Economy and Industry)31 Decree No. 2019-94 of 12 February 2019 establishing a service with national competence called “National Customs Coast Guard”

16-02-1995 Notice to manufacturers, importers and distributors concerning the applica-tion of Decree No 2016-364 of 29 March 2016 laying down the safety require-ments for bicycles

20-02-19

3 Decree No. 2019-108 of 18 February 2019 publishing the Agreement between the European Union and its Member States, of the one part, and Iceland, of the other part, concerning the participation of Iceland in the joint implementation of the commitments of the European Union, its Member States and Iceland during the second commitment period of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (two annexes together ), signed in Brussels on 1 April 2015

Notices to importers

The following notices were posted by Directorate General of Customs and Indi-rect Taxes (For laws and regulations, decrees, etc. please see listings under

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Other EU-EFTA Notices - Import-export related measures, below) :

Release Date

Ref. No. and Subject

06-02-19 2019/04-Notice to importers of iron and steel products08-02-19 2019/05-Notice to importers of salted “schooloys” from the Republic of Mauritius11-02-19 2019/06-Notice to importers of ammonium nitrate originating in Russia12-02-19 2019/07-Notice to importers of biodiesel from Argentina

18-02-19

2019/08-Notice to importers of steel wheels originating in the People's Republic of China2019/09-Notice to Importers of Threaded, Cast Iron, Malleable Iron Pipe Fittings From Thailand and the People's Republic of China2019/10-Notice to importers of certain spheroidal cast iron articles originating in the People's Republic of China

20-02-192019/11 - Notice to Importers of Certain Agricultural and Industrial Products Eligi-ble for Stand-By Suspension and Tariff Rate Quotas

21-02-19

2019/12-Notice to importers of certain woven and / or stitched fiberglass fabrics originating in the People's Republic of China and Egypt2019/13-Notice to importers of certain manganese dioxides originating in the Re-public of South Africa2019/14-Notice to Importers of Hides and Chamois Skins from the People's Re-public of China

SWITZERLAND

Switzerland and UK sign trade continuity agreement

On 11 February 2019, the Federal Council announced that Swiss Federal Coun-cillor Guy Parmelin and the British Secretary of State for International Trade, Liam Fox, signed a bilateral trade agreement that will assure the continuation of economic and trade relations between Switzerland and the United Kingdom after the�UK’s�withdrawal�from�the�European�Union (Brexit). The announcement said, in part:

The trade agreement signed today by Switzerland and the UK ensures the continua-tion of the economic and commercial rights and obligations arising from the agree-ments between Switzerland and the European Union (EU). This new agreement lays the foundations for the two parties to continue their sound economic and trade rela-tions once the United Kingdom has left the EU.

The�new�agreement�was�concluded�as�part�of�the�Federal�Council’s�‘Mind�the�Gap’�strategy. It replicates the vast majority of the trade agreements with the EU that cur-rently govern relations between Switzerland and the United Kingdom: the 1972 Free Trade Agreement, the Agreement on Public Procurement, the Agreement on the Fight against Fraud, part of the Agreement on Mutual Recognition in Relation to Conformity Assessment and the 1999 Agreement on Agriculture. These various agreements have the effect of reducing or even eliminating trade barriers and discrimination in bi-lateral economic exchange.

Some agreements between Switzerland and the EU are based on harmonisation or recognition of the equivalence of rules between the two parties (2009 Agreement on Customs Facilitation, some sections of the Agreement on Agriculture including the an-nex�known�as�the�‘veterinary�agreement’�and�some�sections�of�the�Agreement�on�Mu-tual Recognition in Relation to Conformity Assessment) and cannot be replicated in their entirety at this stage.

An additional agreement between Switzerland, the United Kingdom and the Principal-ity of Liechtenstein to extend the relevant provisions of the trade agreement to the ter-ritory of Liechtenstein under the Swiss-Liechtenstein Customs Union was also signed today.

The signed agreement will come into force as soon as the Swiss/EU agreements

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cease to apply to relations between Switzerland and the UK. If the Brexit transition period begins as planned on 30 March, the Swiss/EU agreements will continue to ap-ply between Switzerland and the UK. In this scenario, the agreement will serve as a basis for economic and trade relations between the two parties after the end of the transition period. Should the United Kingdom leave the EU on 29 March without adeal, the agreement will come into effect on a provisional basis from 30 March 2019.

As�part�of�its�‘Mind�the�Gap’�strategy,�the�Federal�Council�wishes�to�ensure�that�the�existing mutual rights and obligations in its relationship with the UK will continue to apply as far as possible after the UK leaves the EU, and to expand them in certain ar-eas. With this in mind Switzerland and the UK have already signed agreements on road transport, air transport and insurance. In December 2018 the Federal Council adopted�an�agreement�on�citizens’�rights�with�the�United�Kingdom.

Recueil officiel

Date Measure

01-02-19FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

05-02-19

Agreement in the form of an Exchange of Letters between the Swiss Confederation and the Kingdom of Norway concerning cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey within the frame-work of the Generalized System of preferences (RS 0.632.315.981)

Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on cumulation of origin between the European Un-ion, the Swiss Confederation, the Kingdom of Norway and the Republic of Tur-key under the Generalized System of preferences (0.632.401.021)Agreement of 20 March 1958 concerning the Adoption of Harmonized UN Tech-nical Regulations for Wheeled Vehicles and Equipment and Parts That May be Mounted or Used on Wheeled Vehicles and Conditions for Reciprocal Recogni-tion of Approvals issued in Accordance with the these Regulations (RS 074.141.1)

06-02-19FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

11-02-19

Agreement of 15 April 1994 establishing the World Trade Organization. Export competition.Ministerial Decision of 19 December 2015 (RS 0.632.20)Agreement of 15 April 1994 establishing the World Trade Organization. Modifi-cation of the Switzerland-Liechtenstein LIX Schedule in the field of export subsi-dies (RS 0.632.20)

14-02-19FSVO Order instituting measures to prevent the introduction of peste des petits ruminants present in Bulgaria (RS 916.443.115)

15-02-19Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.443.106)

19-02-19

Ordinance of the FDF concerning mobile elements applicable to the import of processed agricultural products (RS 632.111.722.1)Ordinance of the FOAG concerning the control of grape musts, grape juice and wines for export (RS 916.145.211)Ordinance on Technical Requirements for Road Vehicles (OETV) (RS 741.41)FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

26-02-19

Ordinance on the Reduction of Risks Relating to the Use of Particularly Danger-ous Substances, Preparations and Articles (Ordinance on the Reduction of Risks Relating to Chemicals, ORRChem) (RS 814.81)Ordinance of the DFI on Food of Animal Origin (ODAIAn) (RS 817.022.108)

28-02-19Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.443.106)

Date Restrictive Measure

11-02-19 Amendment to the Ordinance of 2 October 2000 instituting measures against

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Date Measure

persons and entities related to Osama bin Laden, “al-Qaeda” group or the Tali-ban (RS 946.203) [Entry into force: 08-02-19]

13-02-19Amendment to the Ordinance of 27 August 2014 instituting measures to prevent the circumvention of international sanctions in connection with the situation in Ukraine (RS 946.231.176.72) [Entry into force 14-02-19]

19-02-19Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.128.67)

26-02-19Ordinance on International Trade in Rough Diamonds (Diamond Ordinance) (RS 946.231.11)

UNITED KINGDOM

UK issues guidance on existing trade agreement if the UK exits the EU without a deal

On 21 February, 2019, the Department for International Trade (DIT) issued guid-ance entitled, Existing trade agreements if the UK leaves the EU without a deal, which sets out the status of those agreements (free trade agreements, economic partnership agreements, association agreements and customs union) that may not be in place by exit day. It also links to trade agreements that have been signed and mutual recognition agreements that have been signed.

The guidance notes:

This concerns guidance for a no deal scenario. Leaving the EU with a deal remains the�government’s�top�priority.�This�has�not�changed.�While�a�number�of�these�continu-ity agreements are likely to be concluded by exit day, it is the duty of government to produce a highly cautious list of those that may not be in place in order that busi-nesses and individuals ensure that they are prepared for every eventuality.

It remains our priority to conclude trade continuity agreements with these countries by exit day or as soon as possible thereafter. We are exploring a range of options to en-sure continuity of effect for trade agreements if an agreement has not been ratified and brought into force in time for exit day.

The UK is working with partner countries to bring into force bilateral agreements that will ensure continuity for the effects of existing EU trade agreements. But all of these replacement agreements may not be ready in time for 29 March 2019 if we leave the EU without a deal.

You can find below details of countries concerned together with the status of dis-cussions: (Column 4 shows UK trade with country(ies) as percentage of total UK trade, year to Q3 2018)

A) TRADE AGREEMENTS

AGREEMENT TYPE OF AGREEMENT

STATUS OF DISCUSSIONS

AIMED AT REPLICATING

THE EFFECTS OF THE

AGREEMENT

UK TRADE

Albania (Western Bal-kans)

Association Agreement Engagement ongoing 0.00%

Algeria Association Agreement

Engagement ongoing - It is unlikely that UK will reach an agreement

prior to exit day.

0.19%

Andean (Colombia, Peru and Ecuador) [partially in effect in EU}

Free Trade Agreement Engagement ongoing 0.18%

Bosnia & Herzegovina Association Agreement Engagement ongoing 0.01%

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(Western Balkans)Cameroon [partially in effect in EU} (Central Af-rica)

Economic Partnership Agreement

Engagement ongoing 0.01%

Canada [partially in ef-fect in EU}

Free Trade Agreement Engagement ongoing 1.43%

CARIFORUMEconomic Partnership Agreement


Central America (Pan-ama, Guatemala, Costa Rica, El Salvador, Hon-duras, Nicaragua)


Côte�d’IvoireEconomic Partnership Agreement


Egypt Association Agreement Engagement ongoing 0.24%Georgia Association Agreement Engagement ongoing 0.01%

Ghana (Western Africa)Economic Partnership Agreement


Japan [until Feb. 2019 on WTO terms]

Free Trade AgreementEngagement ongoing.

UK will not transition this agreement for exit day

NA [2.2% until Feb.

2019]Jordan Association Agreement Engagement ongoing 0.03%Kenya (EAC) [pending in EU]

Economic partnership Agreement


Kosovo Association Agreement Engagement ongoing 0.00%Lebanon Association Agreement Engagement ongoing 0.05%Mexico Free trade Agreement Engagement ongoing 0.34%Moldova Association Agreement Engagement ongoing 0.04%Montenegro (Western Balkans)

Stabilisation and Asso-ciation Agreement


Morocco Association Agreement Engagement ongoing 0.18%North Macedonia (West-ern Balkans)


Serbia (Western Balkans Association Agreement Engagement ongoing 0.04%Southern Africa Customs Union and Mozambique (Botswana, Eswatini (Swaziland), Lesotho, Mozambique, Namibia, South Africa)

Economic Partnership Agreement


South Korea Free Trade Agreement Engagement ongoing 1.16%Tunisia Association Agreement Engagement ongoing 0.03%Ukraine [partially in ef-fect in EU}


B) AGREEMENTS WITH COUNTRIES THAT ARE CLOSELY ALIGNED WITH THE EU

Andorra and San Marino Customs UnionUK will not transition this agreement for exit day

0.03%

EEA (Norway, Iceland, Liechtenstein) [Liechten-stein will be covered un-der UK-Swiss agreement as far as possible]

Economic Area Agree-ment


Turkey Customs UnionUK will not transition this agreement for exit day

1.39%

C) MUTUAL RECOGNITION AGREEMENTS

JapanMutual Recognition Agreement

Engagement ongoing NA

� Details of current EU FTAs in which the UK currently participates are available here.

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� Details of current EU MRAs in which the UK currently participates are available here.

UK signs continuity agreements with Israel and the Palestinian Au-thority

On 18 February 2019, the Department for International Trade (DIT) announcedthe signing of the UK-Israel Trade and Partnership Agreement, which replicates the existing trading arrangements under the EU-Israel Association Agreement as far as possible. It will come into effect as soon as the implementation period ends in January 2021, or on 29 March 2019 if the UK leaves the EU without a deal.The trade continuity agreement simplifies trade and allows businesses to trade as freely as they do now, without any additional barriers or tariffs. The agreement will see British businesses and consumers benefitting from continued trade with Israel after the UK leaves the�European�Union.�The announcement stated, in part:

This will help to further strengthen the trading relationship between the UK and Israel, which was worth £4 billion in the year ending 2018 Q3.

The British vehicles sector could avoid up to £9 million a year in tariff charges on their exports�that�would�apply�if�the�agreement�wasn’t�in�place,�while�machinery�and�me-chanical appliance exporters could avoid up to £5 million a year.

The agreement also protects existing preferential market access for important prod-ucts. Consumers in the UK will continue to benefit from more choice and lower prices on goods imported from Israel, such as pharmaceutical products, with Israeli compa-nies acting as major suppliers to the NHS. The deal will ensure crucial protection for intellectual property rights and maintain high trading standards across industry.

Considering that the EU-Israel Association Agreement was signed in 1995 and the world of trade has evolved since, Ministers from the UK and Israel re-affirmedtheir desire to see an ambitious free trade deal concluded between their coun-tries.

On 18 February 2019, the DIT also announced the signing of a UK-Palestinian Authority agreement in Ramallah that replicates the existing trading arrange-ments as far as possible. It will come into effect as soon as the implementation period ends in January 2021, or on 29 March 2019 if the UK leaves the EU with-out a deal. The agreement simplifies trade and will allow businesses to trade as freely as they do now once the UK leaves the EU.

Trading on these preferential terms, rather than on World Trade Organization terms, will continue to deliver significant savings and help to further strengthen the bilateral trading relationship.

The agreement allows Palestinian businesses to continue access to the UK mar-ket tariff-free which will continue to benefit Palestinian producers in priority sec-tors, including exporters of fruit, nuts and vegetable fats including dates and olive oil.

The UK is seeking to provide continuity for around 40 existing EU trade agree-ments covering more than 70 countries.

UK and USA agree to continue Mutual Recognition Agreement

On 14 February 2019, the Department for International Trade (DIT) announcedthat the Mutual Recognition Agreement on Conformity Assessment (MRA) was

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signed�by�Her�Majesty’s�Ambassador�and�the�Deputy�United�States�Trade�Rep-resentative in Washington on 14 February. The arrangement, which helps boost British trade with the US, will continue when the UK leaves the European Union, supporting jobs in both countries. The announcement said:

The agreement will maintain all relevant aspects of the current EU-US MRA when the EU-US agreement ceases to apply to the UK. It helps facilitate goods trade between the two nations and means UK exporters can continue to ensure goods are compliant with technical regulations before they depart the UK, saving businesses time, money and resources. American exporters to the UK benefit in the same way.

Total UK-US trade in sectors covered by the deal is worth up to £12.8 billion, based on recent average trade flows. Of this, the UK exports covered are worth an esti-mated £8.9 billion- more than a fifth of total UK goods�exports�to�the�US.�Today’s�signing marks a crucial step in the important trading relationship between the UK and America,�the�world’s�largest�economy.

The agreement benefits a range of sectors, including pharmaceuticals. Pharmaceuti-cals account for around £7.7 billion of UK exports to the US - nearly 18% of total UK goods exports to the US. Other industries that will benefit include the tech sector and telecommunications equipment suppliers.

Similar agreements have been signed in recent weeks with Australia and New Zea-land, ensuring continuity and safeguarding revenues for British businesses and con-sumers.

UK Government publishes draft export control legislation in prepa-ration for Brexit

On�12�February�2019,�as�part�of�the�UK�Government’s�Brexit�planning, the De-partment for International Trade published the Trade etc. in Dual-Use Items, Fire-arms and Torture etc. Goods (Amendment) (EU Exit) Regulations 2019 (the “Regulation”), which is available here.

This is the latest draft statutory instrument published by the Department for Inter-national Trade which amends export control legislation in order to prepare for the UK’s�exit�from�the�EU.�The�first�of�these�instruments�was�the�Export Control (Amendment) (EU Exit) Regulations 2019 (available here), which amends provi-sions within the following domestic legislation: the Export of Radioactive Sources (Control) Order 2006 and the Export Control Order 2008, and other domestic subordinate legislation in connection with EU sanctions regimes.

The Regulation makes changes to retained EU legislation to ensure that their provisions operate as UK rules after withdrawal. It amends the following:

� Council Regulation (EC) No 1236/2005 of 27 June 2005, which concerns rules

governing trade with countries in goods that could be used for the purpose of

capital punishment or torture etc.;

� Council Regulation (EC) No 428/2009 of 5 May 2009, which set up a Community

regime for the control of exports, transfer, brokering and transfer, brokering and

transit of dual-use items; and

� Regulation (EU) No 258/2012 of the European Parliament and of the Council im-

plementing Article 10 of the United Nations Protocol against the illicit manufactur-

ing of and trafficking in firearms, their parts and components and ammunition.

The legislation also amends primary legislation and, in particular, omits sections of the Export Control Act 2002 which will have no practical application once the UK has withdrawn from the EU, including omitting the power to make provisions

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relating to controls on the export of goods, transfer of technology and technical assistance that may be imposed by a directly applicable EU provision.

The UK Government has not produced an impact assessment for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

If you have any questions, please contact the author, Ross L. Denton.

Switzerland and UK sign trade continuity agreement

See article under Switzerland above.

UK Government Publishes No-Deal Brexit OGEL

As�part�of�the�UK�government’s�planning�for�a�No�Deal�Brexit,�the�UK�Depart-ment for International Trade (DIT) has published an open general export licence (“OGEL”), allowing the export of dual-use items (with both a civilian and military application) from the UK to EU Member States and the Channel Islands (full li-cence here). The OGEL will come into force at 11pm on 29 March 2019 if the UK leaves the EU on that date without a deal or a transition period for its withdrawal.

In order to use this licence, exporters must first register through SPIRE, the UK Government’s�export�control�electronic�licensing�system,�stating�that�records�of�exports and transfers will be kept and detailing where they may be inspected.

The OGEL applies to all goods listed under Annex I of Regulation (EC) No. 428/2009, and excludes goods listed under Annex IV. The OGEL also replicates the exclusions currently in place on Annex I goods exported outside of the EU, by excluding goods that fall under Annex I if:

� the exporter was informed by the Secretary of State that such items are or may be intended for use in connection with nuclear weapons or military items;

� the exporter is aware that such items are or may be intended for use in connec-tion with nuclear weapons or military items; or

� the exporter has grounds for suspecting that such items are or may be intended for use in connection with nuclear weapons or military items, unless the exporter has made all reasonable inquiries as to their proposed used.

Finally, this licence comes with specific administrative conditions and require-ments:

� recordkeeping obligations (for at least 3 years from the end of the calendar year in which the export takes place);

� notification to the�Secretary�of�State�of�the�exporter’s�name�and�the�address�where records mentioned above are kept; and

� inclusion of a note with the goods that they are being exported under the OGEL (or giving their SPIRE reference).

All goods covered by Category O also come with an additional notification obliga-tion to the Department for Business, Energy and Industrial Strategy.

If you have any questions, please contact the authors, Sunny Mann and Ross L. Denton.

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UK and Chile and UK-Faroe Islands sign continuity agreements

Chile

On 30 January 2019, the Department of International Trade announced the sign-ing of the Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile (UK-Chile Agree-ment), a trade continuity agreement between Chile and the UK. The UK-Chile agreement�will�insure�that�each�countries’�goods�will�continue�to�benefit�from�preferential trading arrangements after the UK exits the EU on 29 March 2019, or after an implementation period, if UK-EU negotiations are successful. The UK ex-pects to sign a number of other agreements due to be agreed in the coming weeks. The announcement said:

UK manufacturers benefit from preferential access to the Chilean market to sell their goods, and UK consumers benefit from lower prices on Chilean goods, such as wines,�fruits�and�nuts�and�other�products.��

Trade in goods and services between the UK and Chile has grown by 9% per year on average since the agreement was provisionally applied in 2003. UK exports to Chile have grown by 16% on average each year and a total increase of 351% since the agreement was provisionally applied.

The��agreement�also�protects�intellectual�property�rights�and�maintains�preferential�market�access�for�trade�in�services.

It will also allow British and Chilean companies to bid for some public sector contracts in�each�other’s�countries,�helping�to�create�jobs�and�deliver�better�value�for�taxpay-ers.��

Faroe Islands

On 31 January 2019, the UK signed a trade continuity agreement with the Faroe Islands.�Faroese�exports�are�important�to�the�UK’s�processing�sector.�

With almost £200 million worth of fish and crustaceans brought into the UK from the Faroe Islands in 2017, this agreement will allow imports to continue tariff-free and en-able businesses to trade as freely as they do now.

Trading on these preferential terms will secure savings and help to safeguard access to fish products from the Faroe Islands.

Consumers in the UK will potentially benefit from greater choice and lower prices for fish and seafood such as Atlantic salmon, haddock and halibut.

This will ensure fresh, quality and affordable produce is readily available for British re-

tailers and consumers.

The new agreements replicate the existing trading arrangements as far as possi-ble. They will come into effect as soon as the implementation period ends in Jan-uary 2021, or on 29 March 2019 if the UK leaves the EU without a deal.

Legislation (legislation.gov.uk)

Date Measure

04-02-19

SI 2019/162 - The Marketing of Seeds and Plant Propagating Material (Amend-ment etc.) (EU Exit) Regulations 2019SI 2019/156 - The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019

SI 2019/150 - The Food (Amendment) (England) (EU Exit) Regulations 2019SSI 2019/25 - The Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019

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Date Measure

SR 2019/9 - The Food Safety (Information and Compositional Requirements) (Amendment) Regulations (Northern Ireland) 2019

06-02-19

SI 2019/180 - The Plant Health etc. (Fees) (England) (Amendment) Regulations 2019SI 2019/170 - The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2019

07-02-19

SI 2019/190 - The Genetically Modified Organisms (Amendment) (Northern Ire-land) (EU Exit) Regulations 2019SSI 2019/33 - The Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019SSI 2019/32 - The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019SSI 2019/30 - The Equine Animal (Identification) (Scotland) Regulations 2019SSI 2019/28 - The Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019

08-02-19

SI 2019/188 - The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regu-lations 2019SSI 2019/34 - The Animal Welfare (EU Exit) (Scotland) (Amendment) Regula-tions 2019SR 2019/11 - The Agriculture (Miscellaneous Amendments) Regulations (North-ern Ireland) 2019

11-02-19

SI 2019/211 - The Marketing of Seeds and Plant Propagating Material (Amend-ment) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/208 - The Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019SI 2019/207 - The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019

12-02-192019 c. 5 - Crime (Overseas Production Orders) Act 20192019 c. 3 - Counter-Terrorism and Border Security Act 2019

14-02-19

SI 2019/257 - The Crown Dependencies Customs Union (Isle of Man) (EU Exit) Order 2019SI 2019/256 - The Crown Dependencies Customs Union (Jersey) (EU Exit) Or-der 2019SI 2019/254 - The Crown Dependencies Customs Union (Guernsey) (EU Exit) Order 2019SI 2019/253 - The Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2019

15-02-19

SSI 2019/38 - The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Animal and Plant Species) (Scotland) Order 2019SSI 2019/37 - The Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Amendment Order 2019SR 2019/18 - The Environmental Protection (Microbeads) Regulations (Northern Ireland) 2019

18-02-19SI 2019/274 - The International Joint Investigation Teams (International Agree-ments) (EU Exit) Order 2019

19-02-19

SI 2019/306 - The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019SI 2019/282 - The Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019SI 2019/281 - The Fluorinated Greenhouse Gases and Ozone-Depleting Sub-stances (Amendment) (Northern Ireland) (EU Exit) Regulations 2019SSI 2019/53 - The Food Composition, Labelling and Standards (EU Exit) (Scot-land) (Amendment) Regulations 2019SSI 2019/52 - The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019

20-02-19SSI 2019/54 - The Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019SSI 2019/57 - The Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations 2019

26-02-19SI 2019/353 - The Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

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Date Measure

27-02-19SI 2019/367- The Trade in Animals and Related Products (Amendment) (Wales) (EU Exit) Regulations 2019 - Rheoliadau’r�Fasnach�mewn�Anifeiliaid�a�Chynhyrchion�Perthynol�(Diwygio)�(Cymru)�(Ymadael�â’r�UE)�2019

28-02-19

SI 2019/392 - The Conformity Assessment (Mutual Recognition Agreements) Regulations 2019SI 2019/385 - The Customs (Crown Dependencies Customs Union) (EU Exit) Regulations 2019SI 2019/326 - The Customs (Import Duty, Transit and Miscellaneous Amend-ments) (EU Exit) Regulations 2019

Date Restrictive Measure

20-02-19SI 2019/185 - The Sanctions (Overseas Territories) (Amendment) Order 2019SI 2019/184 - The Eritrea (Sanctions) (Overseas Territories) (Revocation) Order 2019

25-02-19 SI 2019/329 - The Proscribed Organisations (Name Change) Order 2019

28-02-19SI 2019/406 - The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2019

Reports, consultations, trade agreements

The Department for International Trade (DIT) has released the following docu-ments [DBEIS= Department for Business, Energy & Industrial Strategy; FCO=Foreign &

Commonwealth Office; HMT= H.M. Treasury]:

Release Date

Subject

06-02-19

DIT: Closed consultation: Trade with the Comprehensive and Progressive Agree-ment for Trans-Pacific PartnershipDIT: Closed consultation - Trade with AustraliaDIT: Closed consultation - Trade with the USDIT: Collection - ESA-UK Economic Partnership Agreement (EPA)DIT: Collection - UK-Faroe Islands Free Trade Agreement (FTA)DIT: Collection - UK-Chile association agreementDIT: Policy paper - Continuing the UK's trade relationship with the Eastern and Southern African region: parliamentary reportDIT: Policy paper - Continuing the UK's trade relationship with the Faroe Islands: parliamentary reportDIT: Policy paper - Continuing the UK's trade relationship with Chile: parliamen-tary report

07-02-19 DIT: Closed consultation - Trade with New Zealand21-02-19 DIT: Existing trade agreements if the UK leaves the EU without a deal

28-02-19

Austria: providing services after EU Exit (DIT, DBEIS, FCO)Cyprus: providing services after EU Exit (DIT, DBEIS, FCO)Denmark: providing services after EU Exit (DIT, DBEIS, FCO)Finland: providing services after EU Exit (DIT, DBEIS, FCO)France: providing services after EU Exit (DIT, DBEIS, FCO)Germany: providing services after EU Exit (DIT, DBEIS, FCO)Greece: providing services after EU Exit (DIT, DBEIS, FCO)

Export Control, Embargo and Sanctions Notices

The following Export Control Joint Unit (ECJU) Notices to Exporters and other Department for International Trade (DIT), Foreign and Commonwealth Office (FCO), HM Treasury (HMT) and Office of Financial Sanctions Implementation (OFSI) documents were issued:

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Date Notice No. and Subct

01-02-19

UK sanctions on Iran relating to human rights (FCO, ECJU, OFSI)UK sanctions on Venezuela (FCO, ECJU, OFSI)UK sanctions on Burma (FCO, ECJU, OFSI)Post EU Exit: Financial sanctions - General Guidance (HMT, OFSI)

05-02-19Current list of designated persons, terrorism and terrorist financing (HMT, OFSI)Financial sanctions, Iraq (HMT, OFSI)Who is subject to financial sanctions in the UK? (HMT, OFSI)

18-02-19

Notice to exporters 2019/04: software control list entry added to 3 military OGELs

� software and source code for military goods

� military goods, software and technology

� military goods, software and technology: government or NATO end use20-02-19 Financial sanctions, Afghanistan (HMT, OFSI)

HMRC updates

The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:

Release Date

Ref. No. and Subject

Customs Information Papers

24-01-19 Tariff changes for countries in the General System of Preference (CIP1)29-01-19 Preferential trade deal between the EU and Japan (CIP2)19-02-19 Change of address for the submissions of rejected imports claims (CIP3)

Tariff, Anti-Dumping and Other Notices

01-02-19 Transit Manual Supplement04-02-19 Letters on 'no deal' Brexit advice for businesses only trading with the EU

06-02-19Partnership pack: preparing for changes at the UK border after a no deal EU exitNotice 372: importing commercial samples free of duty and VAT

07-02-19Excise Notice 263: marine voyages - relief from fuel dutyUK Trade Tariff: excise duties, reliefs, drawbacks and allowancesMonthly euro conversion rates for calculating Customs Duty

08-02-19 Apply for repayment or remission of import duties (C285CDS)

12-02-19Apply for a voluntary clearance amendment (underpayment) (C2001) CHIEFApply for a voluntary clearance amendment (underpayment) (C2001CDS)

19-02-19 UK Trade Tariff: excise duties, reliefs, drawbacks and allowances20-02-19 Contact lists of providers who support Customs Freight Simplified Procedures

21-02-19

Notice 343: importing capital goods free of duty and VATNotice 342: importing miscellaneous documents and other related articles free of duty and VATNotice 374: importing goods for test free of duty and VATNotice 368: importing inherited goods free of duty and VATImports of certain biodiesel, originating in Argentina (Anti-Dumping Duty 2316)Imports of threaded tube or pipe cast fittings of malleable cast iron, originating in the�People’s�Republic�of�China�and�Thailand�(Anti-Dumping Duty 2320)Imports�of�certain�cast�iron�articles,�originating�in�the�People’s�Republic�of�China�(Anti-Dumping Duty 2319)Imports of sodium cyclamate origination in China (Anti-Dumping Duty 2318)Seamless tubes and pipes originating in the People's Republic of China (Anti-Dumping Duty 2317)Imports of solar glass, originating in Malaysia (Anti-Dumping Duty 2321)

25-02-19HMRC impact assessment for the movement of goods if the UK leaves the EU without a deal

27-02-19 Notice 199B: approved depositories under external temporary storage facility

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OTHER EU-EFTA COUNTRIES

Import-export related measures

The following import, export or antibribery measures were published in the on-line editions of the official gazettes of the countries shown during the period 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

GERMANY

24-01-19Act amending the Beef Labeling Act and Milk Law Provisions and repealing the Beef Labeling Penal Regulation (18-01-19) from No. 2 of 24.01.2019, page 33

15-02-19Ordinance on the transfer of responsibilities to main customs offices for the area of several main customs offices (Hauptzollamtszulschafterverordnung -HZAZustV) (11-02-19) from No. 4 of 15.02.2019, page 82

ICELAND

05-02-19№�1393/2018�Regulation�amending�the Regulation on coercive measures concerning the Central African Republic, no. 760/2014, with subsequent amendments.

19-02-19

№�171/2019�Regulation on (19.) amendment of Regulation no. 104/2010 on the entry into force of the Regulation of the European Parliament and of the Council (EC) No 104/2010 853/2004 on special rules on hygiene related to food of animal origin.№�173/2019�Regulation�(13) amendment of Regulation no. 167/2015 on pharmacologically active substances and their classification for MRLs in food of animal origin.№�174/2019�Regulation�(13) amendment of Regulation no. 106/2010 on the entry into force of the Regulation of the European Parliament and of the Council (EC) no. 882/2004 on official controls to confirm that the law on feed and food and rules on animal health and welfare are respected.

21-02-19 Law�№�9/2019�on the amendment of the Customs Act, no. 88/2005, with sub-sequent amendments (transfer of funds, VRA certification)

28-02-19№�13/2019�Notice�amending�Annex�I�to�the�Customs�Act�no.�May�18,�2005,�with subsequent amendments

IRELAND (EIRE)

01-02-19S.I. No. 18 of 2019 European Communities (Official Controls On The Import Of Food Of Non-Animal Origin) (Amendment) Regulations 2019

15-02-19S.I. No. 36 of 2019 Medicinal Products (Safety Features On Packaging) Reg-ulations 2019

19-02-19S.I. No. 53 of 2019 European Communities (Road Vehicles: Type-Approval) (Amendment) Regulations 2019

LUXEMBOURG

11-02-19Mem A 61: Grand-Ducal Regulation of 1 February 2019 amending the Grand-Ducal Regulation of 14 December 2018 on the control of exports.

13-02-19

Mem A 65: Implementation of new European non-electric standards applica-ble in the Grand Duchy of Luxembourg.Mem A 66: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg.Mem A 67: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg.

NORWAY

12-02-19

FOR-2019-02-11-79 MINISTRY OF AGRICULTURE AND FOOD: Regulations on amendments to regulations on pesticidesFOR-2019-02-11-80 MINISTRY OF HEALTH AND CARE SERVICES Regulations on joint coordinated monitoring program for 2019, 2020 and 2021 for pesticide residues in foodstuffsFOR-2019-02-11-81 MINISTRY OF HEALTH AND CARE SERVICES Regulations on

Baker McKenzie


Date* Measure

amendments to regulations on residues of pesticides in food and feedFOR-2019-02-12-84 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on pesticides

13-02-19

FOR-2019-02-11-91 MINISTRY OF TRANSPORT AND COMMUNICATIONS Regula-tions on amendments to regulations concerning requirements for CO₂ emis-sions, etc. for manufacturers of passenger and vansFOR-2019-02-08-90 MINISTRY OF LABOR AND SOCIAL AFFAIRS, MINISTRY OF CLI-

MATE AND ENVIRONMENT Regulations on amendments to the regulation on bio-cides (the Biocides Regulations)FOR-2019-02-11-92 MINISTRY OF HEALTH AND CARE SERVICES Regulations on changes in the aroma regulationsFOR-2019-02-11-93 MINISTRY OF AGRICULTURE AND FOOD Regulations amend-ing the regulation on temporary preventive measures to prevent the transmis-sion of highly pathogenic avian influenza from wild birds to poultry and other captive birdsFOR-2019-02-12-94 MINISTRY OF HEALTH AND CARE SERVICES, MINISTRY OF

TRADE AND INDUSTRY, MINISTRY OF AGRICULTURE AND FOOd Regulations on amendments to the regulations on additives for use in feedFOR-2019-02-12-95 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on special protection measures against the spread of foot-and-mouth disease to the EEA areaFOR-2019-02-13-97 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on amendments to regulations on the registration, assessment, approval and limitation of chemicals (REACH regulations)

14-02-19

FOR-2019-02-13-100 Ministry of Trade and Fisheries, Ministry of Agriculture and Food, Ministry of Health and Care Services Regulations on amendments to regulations on public control of compliance with regulations on feed, food-stuffs and health and welfare in animals (control regulations)FOR-2019-02-13-101 MINISTRY OF TRADE AND FISHERIES, MINISTRY OF AGRICUL-

TURE AND FOOD, MINISTRY OF HEALTH AND CARE SERVICES Regulation amending the regulation on special import conditions for feed and foodstuffs originating in or exported from Japan

POLAND

05-02-19214 Regulation of the Minister of Finance of January 14, 2019 regarding cus-toms and tax control of extracting certain minerals

08-02-19247 Regulation of the Minister of Internal Affairs and Administration of Febru-ary 7, 2019 on the reintroduction of temporary border control of persons crossing the state border forming the internal border

18-02-19

301 Regulation of the Minister of Finance of February 11, 2019 amending the regulation on additional data subject to indication in the declaration of car-riage of goods305 Regulation of the Minister of Culture and National Heritage of 11 Febru-ary 2019 amending the ordinance on the model of notification of entry into the territory of the Republic of Poland and the model of notification of removal from the territory of the Republic of Poland of movable property of historical, artistic or scientific value, rented from abroad for a temporary exhibition orga-nized on the territory of the Republic of Poland, covered by legal protection

Restrictive measures established, amended, corrected

The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unoffi-cial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.

Baker McKenzie


Date* Restrictive Measure

LIECHTENSTEIN

08-02-19

LGBI�№�2019.030�Ordinance of 5 February 2019 amending the Regulation on measures against certain persons from Tunisia (LR�№�946.223.6)LGBI�№�2019.056�Order of 26 February 2019 amending the Regulation on measures against Zimbabwe (LR�№�946.222.4)

LUXEMBOURG

18-02-19

Mem A 71: Ministerial Regulation of 18 February 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 Oc-tober 2010 on the Implementation of United Nations Security Council Resolu-tions and Acts adopted by the European Union containing prohibitions and re-strictive financial measures against certain persons, entities and groups in the fight against the financing of terrorism.

NORWAY

14-02-19FOR-2019-02-13-102 MINISTRY OF FOREIGN AFFAIRS Regulations on amend-ments to regulations on sanctions and restrictive measures against Libya

Non EU-EFTA European Countries

UKRAINE

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

06-02-19

On Approval of the Draft Decision of the EU-Ukraine Association for Trade in the Formation of the List of Arbitrators provided for in Article 323 (1) of the As-sociation Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States, on the other the sidesOrder of the Cabinet of Ministers of Ukraine dated 06.022019 No. 40-p

07-02-19

On the boundaries and list of districts, cities, towns and villages, parts of their territories temporarily occupied in the Donetsk and Luhansk oblasts Decree of the President of Ukraine; The�list�from�07.02.2019�№�32/2019On Amendments to the Constitution of Ukraine (Regarding the Strategic Course of the State on Acquiring Full-fledged Membership of Ukraine in the Eu-ropean Union and the North Atlantic Treaty Organization)Law of Ukraine dated 07.02.2019 No. 2680-VIII

13-02-19

Questions of customs clearance of vehicles imported into the customs territory of Ukraine Resolution of the Cabinet of Ministers of Ukraine dated 13.02.2019 No. 101On Amendments to Clause 7 of the Regulation on Checkpoints across the State Border and Points of Control Resolution of the Cabinet of Ministers of Ukraine dated 13.02.2019 No. 94On Approval of the Procedure for issuing a conclusion on the extension of the deadlines for the settlement of certain export and import transactions estab-lished by the National Bank Resolution of the Cabinet of Ministers of Ukraine; Order, List from 13.022019�№�104On approving the list of goods and (or) sectors of the economy for which the National Bank is entitled to impose exceptions and / or peculiarities of the im-plementation of the measure of protection provided for in the first paragraph of Article 13 of the Law of Ukraine “On Currency and Currency Operations”Order of the Cabinet of Ministers of Ukraine; List as of 13.022019�№�76-p

20-02-19On amending clause 4 of the Regulation on the Ministry of Economic Develop-ment and Trade of Ukraine Resolution of the Cabinet of Ministers of Ukraine dated 20.02.2019 No. 120

Baker McKenzie


Date Subject

27-02-19

Some issues regarding the formation of fees for the implementation of state control over compliance with legislation on food products, feed, animal by-prod-ucts, animal health and welfare, funded by market operators Resolution of the Cabinet of Ministers of Ukraine; The order of 27.02.2019�№�148On Approval of the Technical Regulation Regarding Requirements for Ecodesign for Electricity Consumption by External Power Supply in Unloaded Mode and Average Efficiency in Active ModeResolution of the Cabinet of Ministers of Ukraine; Regulations, Requirements

of 27.02.2019�№�150On Approval of the Technical Regulation concerning the requirements for eco-design of non-stick autonomous circulating pumps and pumping circulators pump integrated into the deviceResolution of the Cabinet of Ministers of Ukraine; Regulations, Requirements

dated 27.022019 No. 153

EURASIAN ECONOMIC UNION (EAEU)

Decisions and recommendations of the Eurasian Economic 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, Распоряжениеand Recommendations having a direct effect on international traders are listed.

Publication Date

Title

Council (Совет) of the Eurasian Economic Commission Решение

05-02-19№�2�– (18-01-19) On the draft executive order of the Eurasian Intergovernmen-tal Council “On holding regular meetings of the heads of the ministries of econ-omy of the member states of the Eurasian Economic Union”

18-02-19

№�3�– (18-01-19) On setting the rates of import customs duties of the Unified Customs Tariff of the Eurasian Economic Union in respect of certain types of fish and on introducing changes to the list of goods for which the Republic of Kazakhstan in accordance with the obligations assumed as a condition for ac-cession to the World Trade Organization, the rates of import customs duties , lower than the rates of duties of the Common Customs Tariff of the Eurasian Economic Union, and the size of such rates of duties

Board (Коллегии)�of the Eurasian Economic Commission Решения

07-02-19

№�20�– (04-02-19) On Amendments to the Instruction on the Procedure for Fill-ing in Goods Declarations№�21�– (04-02-19) On introducing amendments to the Regulation on the Con-sultative Committee on Consumer Protection of the Member States of the Eura-sian Economic Union№�22�– (04-02-19) On Amendments to the List of Common Processes within the Eurasian Economic Union№�23�– (04-02-19) On termination of consideration of the case of violation of general competition rules in cross-border markets

15-02-19

№�24�– (12-02-19) On the classification of equipment included in the line for the manufacture of ice cream, in accordance with the single Commodity Nomencla-ture of Foreign Economic Activity of the Eurasian Economic Union№�25�– (12-02-19) On the classification of the motor cultivator (motor-cultivator) in accordance with the single Commodity Nomenclature of the Foreign Eco-nomic Activity of the Eurasian Economic Union

Baker McKenzie


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 7 March 2019. The table lists the tariff codes, a description, ra-tionale (GRIs) for the decision.

BELARUS

Preliminary decisions on tariff classification

The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods (База�данных�товаров,�в�отношении�которых�принято�предварительное�решение�о�классификации). The database has been updated through February 2019. It may be searched by tariff code or description (in Russian).

RUSSIAN FEDERATION

Legislation (acts, resolutions, orders, etc.)

The following Russian Federation (RF) Acts, Government Resolutions/Decrees(Постановление�Правительства) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information (Официальный�интернет-портал�правовой�информации) during the period of coverage of this Update:

Date of Publication

Subject

01-02-19

Russian Federation Government Resolution dated 31-01-19 No. 65“On the introduction of the ratification of the Protocol amending the Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on trade and economic cooperation in the field of oil and petroleum products in the Republic of Kazakhstan dated 09-12-10”

04-02-19

Decree of the Government of the Russian Federation of 30-01-19 No. 57“On exemption from the provision of enforcement of the obligation to pay cus-toms duties and taxes on vessels temporarily imported for non-commercial pur-poses”Order of the Federal Customs Service of 17-01-19 No. 46 ”On the approval of the form of the conclusion of a customs expert (expert) and the Procedure for completing the conclusion of a customs expert (expert)” (Registered on 01-02-19 No. 53660)

08-02-19

Order of the Government of the Russian Federation of 07-02-19 No. 155-p“Concerning the conclusion by exchange of notes of the Agreement between the�Government�of�the�Russian�Federation�and�the�Government�of�the�People’s�Republic of China on amending the Agreement between the Government of theRussian�Federation�and�the�Government�of�the�People’s�Republic�of�China�on�checkpoints the border of January 27, 1994 “Order of the Federal Customs Service of 10-01-19 No. 7 ”On approval of the application form for the return of advance payments and the procedure for its submission, the form of the decision of the customs authority on the return of advance payments and notification of refusal to return the advance pay-ments” (Registered 07-02-19 No. 53719)Order of the Federal Customs Service of 22-01-19 No. 88 ”On Approval of the act of reconciliation of expenditure of money deposited as advance payments, as well as about the reconciliation of cash expenditure and reconciliation of the act of spending money deposited as advance payments”

Baker McKenzie


Date of Publication

Subject

(Registered 07-02-19 No. 53720)Order of the Federal Customs Service of 21-11-18 No. 1876 ”On approval of forms of documents used by customs authorities in order to ensure the collec-tion of customs duties, special, anti-dumping, countervailing duties, interest and penalties due to property and foreclosure of goods”(Registered 07-02-19 No. 53722)Order of the Federal Customs Service of 12-04-18 number 1980“On approval of a resolution on the withdrawal of the goods, the act of seizure of goods and the Act on the return of seized goods and orders to fill them”(Registration number 53718 07-02-19)

11-02-19

Order of the Federal Customs Service No. 34 of 16-01-19 ”On Approving the Procedure for Conducting a Customs Examination, Form of a Decision of the Customs Authority on the Appointment of a Customs Expertise” (Registered on 08-02-19 No. 53731)

12-02-19Order of the Federal Customs Service No. 30 of 14-01-19 “On Approving the Form of the Act of Stopping an Automobile Vehicle and the Procedure for Fill-ing It” (Registered No. 0224949 No. 53748)

13-02-19

Order of the Federal Customs Service of 14-01-19 number 24 ”On approval of the customs authorities of the officers actions Order Officials in accounting and control over the use of the general enforcement of the obligation to pay cus-toms duties and taxes, special, antidumping, countervailing duties by the infor-mation system of customs authorities” (Registration 12-02-19 No. 53756)

14-02-19

Decree of the Government of the Russian Federation of 12-02-19 No. 118“On making for ratification of the Protocol on amending the Agreement between the Government of the Russian Federation and the Government of the Repub-lic of Belarus on measures to regulate trade and economic cooperation in the field of oil and oil products export of January 12, 2007”Order of the Federal Customs Service of 14-01-19 No. 27 ”On approval of the application form for offsetting money paid as advance payments against cash pledge, and the Procedure for submitting by the person who made advance payments statements for offsetting money paid as advance payment payments, on account of a cash deposit “ (Registered on 13-02-19 No. 53764)

15-02-19

Decree of the Government of the Russian Federation of 13-02-19 No. 144“On Amendments to the Rules for exercising control over the passage of per-sons, vehicles, cargo, goods and animals across the state border of the Rus-sian Federation”Order of the Federal Customs Service dated 14-01-19 No. 25 ”On approval of the application form for offsetting the cash collateral against advance pay-ments, drawn up in the form of an electronic document of the document, the Procedure for filling out and submitting to the customs body an application for offsetting the cash collateral on account of advance payments, drawn up in the form of an electronic document, and the Procedure for considering the applica-tion for offsetting the cash collateral log into the account of advance payments and inform the applicant of the refusal of the cash collateral offset against ad-vance payments “ (Registration number 53789 14-02-19)Order of the Federal Customs Service of 14-01-19, No. 26 “On approval of the application form for the termination of the use of the general guarantee of the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties paid in the form of cash collateral, in the form of an elec-tronic document duties to pay customs duties, taxes, special, anti-dumping, countervailing duties, paid in the form of cash collateral, in the form of elec-tronic nnogo document Procedure for completion and submission to the cus-toms authority the application for termination of the use of the general enforce-ment of the obligation to pay customs duties and taxes, special, antidumping, countervailing duty, introduced in the form of cash collateral (Registered on 14-02-19 No. 53792)Order of the Federal Customs Service of 01.17.2019 number 45“On approval of the issuance (refusal to grant) permission of customs authori-ties on the movement of goods, vehicles and persons, including government of-ficials, across borders of customs control zones and within them”

Baker McKenzie


Date of Publication

Subject

(Member 14-02-19 No. 53806)Order of the Federal Customs Service of 22-01-19 number 87 ”On Approval of the notice of return (offset) of overpaid or overcharged amounts of customs du-ties, taxes and other payments, the collection by the customs authorities, as well as the procedure for sending such notice” (Member 14-02-19 No. 53783)

18-02-19

Order of the Federal Customs Service dated 16-01-19 No. 33 ”On approval of the application form for the use of advance payments in connection with the re-ceipt of a notification (update notification) of unpaid customs payments, special, antidumping, compensation duties, interest and penalties the procedure for submitting it by the person who made advance payments “(Registered on 15-02-19 No. 53810)Order of the Federal Customs Service dated 18-01-19 No. 53 ”On approving the form for maintaining a log of applications for the release of goods prior to fil-ing the goods declaration” (Registered No. No. 53809 15-02-19)

19-02-19

Russian Federation Government Resolution dated 16-02-19 No. 153“On the release of the provision of the obligation to pay customs duties and taxes on foreign goods intended for the organization and carrying out XXIX World Winter Universiade 2019 in Krasnoyarsk”

20-02-19

Order of the Federal Customs Service of 13-12-18 No. 2037 “On approval of the Order of the FCS of Russia's actions for the exclusion of legal persons from the register of customs representatives” (Registration number 53840 19-02-19)Order of the Federal Customs Service dated 124-12-18 number 2094 ”On ap-proval of the form of presentation of the request of documents and (or) infor-mation, the order of filling and order forwarding the request to the submission of documents and (or) information in the authorized organization”(Registration number 53839 19-02-19 )

22-02-19

Decree of the Government of the Russian Federation of 20-02-19 No. 168“On Amendments to the List of Technological Equipment (including Compo-nents and Spare Parts for It), the analogues of which are not produced in the Russian Federation, whose import into the territory of the Russian Federation is not subject to added tax cost “Decree of the Government of the Russian Federation of 21-02-19 No. 178“On updating the codes of the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union in certain acts of the Gov-ernment of the Russian Federation”

25-02-19

Order of the Federal Customs Service of 20-12-18 No. 2081 ”On approval of the procedure for the implementation by customs authorities of actions to ex-clude legal entities from the register of owners of temporary storage ware-houses” (Registered on 22-02-19 No. 53874)

26-02-19

Order of the Federal Customs Service of 28-01-19 No. 103 ”On approval of the Administrative Regulations of the Federal Customs Service to provide the cus-toms authorities of the state service of conducting the register of owners of warehouses of temporary storage” (Registration No. 53888 25-02-19)Order of the Federal Customs Service of 13-12-18 No. 2038 “On Approval of the report and the order and timing of reporting to customs representative”(Registered 25-02-19 number 53890)

27-02-19

Order of the Federal Customs Service dated 31-01-19�№�152 ”On the Annul-ment�of�the�order�of�the�FCS�of�Russia�on�September�4,�2014�№�1700” On ap-proval of the General Rules of the regional customs office and the General Rules of the Customs “ (26-02-19 Registered number 53903)Order of the Federal Customs Service of 12/7/2018 number 2000“On the determination of the type of technical means for radiation control, such as X-ray security check equipment, criteria for decision-making about their ne-cessity and quantity in the territory of a temporary storage warehouse”(Registration number 53901 02/26/2019)

28-02-19

Order of the Federal Customs Service of 28-01-19 No. 104 ”On Approval of the act check inventory systems and accounting of goods, the order of its filling, and make changes (additions) in the act” (27-02-19 Registration number 53914)

Baker McKenzie


MIDDLE EAST AND NORTH AFRICA

ALGERIA

Additional duties on imports

In view of accelerating the establishment of domestic production and improving trade balance deficits, Algeria introduced in the Supplementary Finance Law for 2018 a provisional additional safeguard duty (the so-called “DAPS”) set at be-tween 30% and 200% applicable to goods import transactions.

The list of 1095 products covered by the DAPS was published on 29 January 2019 (Order of 27 January 2019). This Order follows Executive Decree 18-230 of 25 September 2018 that announced the publication of a list of goods and corre-sponding DAPS.

Rather than fully prohibiting imports of certain products or imposing import li-censes, as had been the case since 2016, Algeria chose to subject imported goods to the DAPS in addition to Customs duties. For example, beef will be sub-ject to a surtax of 50%, furniture 60%, chocolate 70% and cement 200%.

This measure, temporary in principle, has however not been time-limited by the Order.

The order was adopted despite the opinion of the Competition Council, which considered the measure dangerous for the consumer's purchasing power insofar as it risks creating monopoly situations in certain national production sectors and systematically aligning domestic producer prices with import prices regardless of the price/quality ratio.

If you have any questions please contact Céline Van Zeebroeck.

In addition, certain products remain strictly prohibited for importation. Executive Decree 19-12, also published on 27 January 2019, specifies that, with certain ex-ceptions, tractors and vehicles are temporarily prohibited from being imported.

Baker McKenzie


Africa (except N. Africa and Middle East)

SOUTH AFRICA

South African Customs and Excise Act Amendments of Rules and Tariff Schedules

DatePublication

DetailsSubject

Implemen-tation Date

08-02-19

GG.42218R.122

Amendments to the Rules under section 75 – Keeping of a register by rebate users of excisable goods

� Notice R.122� DA 133 – Return in respect of spirits

08-02-19

GG.42218R.121

Amendment to the Rules in terms of the Customs and Excise Act, 1964, to enhance the administration and en-forcement in respect of stills, agricultural distillers and manufacture of excise goods for own use

� Notice R.121� DA 185 – Registration and Licensing of Cus-

toms and Excise Clients� DA 185.4A14 – Registered still� DA 185.4A15 – Manufacture of excisable

goods solely for own use� DA 185.4B11 – Distillation of spirits by an agri-

cultural distiller� DA 185.4B12 – To own possess or keep stills

DA 185.4B13 – Manufacture or import stills for sale or repair still for reward

15-02-19

GG.42232R.177

Amendment to Part 3 of Schedule No. 2, by the inser-tion of safeguard item 260.03/7318.15.39/01.08, to im-plement safeguard duty of 50.54% on other screws fully threaded with hexagon heads – ITAC Report 596

� Notice R.177

With retro-spective ef-

fect from

03-08-18 up to and in-

cluding

02-08-19

GG.42232R.176

Amendment to Part 1 of Schedule No. 1, by the substi-tution of tariff subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99, to increase the rate of customs duty on sugar from 369.57c/kg to 401.79c/kg in terms of the existing variable tariff formula – Minute M13/2018

� Notice R.176

15-02-19

20-02-19Taxation Proposals as tabled by the Minister of Finance in his Budget Review 2019 at 14:18

� Taxation Proposals

20-02-19* Note the time of ta-

bling

22-02-19

GG.42241R.237

Amendment to Part 3 of Schedule No. 2, by the inser-tion of safeguard item 260.03/7318.15.39/01.08 to im-plement safeguard duty of 48.01% on other screws fully threaded with hexagon heads – ITAC Report 596

� Notice R.237


cluding

02-08-20

GG.42241R.238

Amendment to Part 3 of Schedule No. 2, by the inser-tion of safeguard item 260.03/7318.15.39/01.08 to im-plement safeguard duty of 45.61% on other screws fully threaded with hexagon heads – ITAC Report 596

� Notice R.238


cluding

02-08-21







Baker McKenzie


Trade compliance enforcement actions - import, ex-port, IPR, FCPA

The links below will take you to official press releases and summaries of adminis-trative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign im-port, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and ar-rests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis].

[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bu-reau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Prod-uct Safety Commission; DDTC= State Dep’t Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep’t of Defensecomponents [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS=US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Cus-toms Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Ad-ministration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.]

Date of Release

Subject

02-06-19CBP Issues Detention Order on Tuna Harvested by Forced Labor Aboard the Tunago No. 61 (CBP)

02-07-19

Settlement Agreement between the U.S. Department of the Treasury's Office of Foreign Assets Control and Kollmorgen Corporation; Foreign Sanctions Evaders Determination (OFAC)3 federal cases allege illegal importation and sale of 'herbal' sexual enhancement pills that contained pharmaceutical drugs (ICE, FDA, IRS, DOJ)

02-11-19 CBP at JFK seizes Counterfeit Watches (CBP)

02-12-19U.S. Customs and Border Protection Agricultural Specialists Stop and Smell the Flowers (CBP)CBP Seizes $4.4 Million in Counterfeit Products in Puerto Rico and the USVI

02-14-19The U.S. Department of the Treasury's Office of Foreign Assets Control Assesses a Civil Monetary Penalty [$5,512,564 ] Against AppliChem GmbH - Violations of 31 C.F.R. part 515 (OFAC)

02-19-19

CBP Newark Kicks Off Chinese Lunar Year Seizing Prohibited Animal Products(CBP)Seventh Circuit upholds convictions for using false documents to illegally export stolen cars [U.S. v. Tantchev et al., case numbers 18-1200 and 18-1263, before the U.S. Court of Appeals for the Seventh Circuit] (DOJ, CBP, IRS)

02-22-19 ICE removes UK national convicted of violating FATCA

02-27-192 Florida businessmen charged in Houston with foreign bribery in Venezuelan scheme (DOJ, ICE, Swiss and Cayman Is. authorities}

Newsletters, Reports, Articles, Etc.

Baker & McKenzie Global VAT/GST Newsletter

Baker�&�McKenzie’s Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and

Baker McKenzie


are designed to flag topics that are likely to affect multi-national businesses. Con-tacts for the Global VAT/GST Newsletter are:

� Jochen Meyer-Burrow, Partner, [email protected]

� Martin Morawski, Associate, [email protected]

Publications, Alerts, Newsletters

The following Baker & McKenzie publications, client alerts, legal alerts or news-letters released during the period of coverage of this Update may be of interest to you:

Subject

International Trade, Tax and Anti-corruption

Global International Trade Compliance Update – February 2019 {older issues}Baker McKenzie FenXun Beijing/Hong Kong/Shanghai Compliance & Investigations Client Alert: China issues new rules to clarify procedures for collection of electronic data in crimi-nal cases Baker McKenzie FenXun Beijing/Hong Kong/Shanghai Compliance & Investigations Client Alert:�China’s�ranking�declines�in�Transparency�International’s�latest�Corruption Perception IndexBaker McKenzie FenXun Beijing/Hong Kong/Shanghai Tax Client Alert: China releases new rules for its IIT reformHong Kong Corporate Compliance and Services Client Alert: New accounting and other cost-saving requirements under the Companies Ordinance effective soonBaker McKenzie Habib Al Mulla Client Alert: Qatar Diplomatic Crisis - shipping boycott still stands

Other areas

Global Arbitration News [blog]Global Employer Magazine - 2019 Horizon ScannerEMEA Healthcare Newsletter - February 2019Africa Legal Alert: Francophone Africa Newsletter (Eng.) Newsletter Afrique Francophone(Fr.)Baker McKenzie FenXun China Financial Services Client Alert: An Overview of the New Regulation Rules for Panda Bond Issuance on the National Inter-bank Bond Market of

China (Eng.) 一文了��债券市场��债��新� (Chin.)

Baker�McKenzie�FenXun�China�Financial�Services�Client�Alert:�China’s�securities�regulator�issues consultation papers to further liberalize QFII/RQFII investment in its securities mar-ketBaker McKenzie FenXun China/Hong Kong Intellectual Property Client Alert: China: Pro-posed Amendments to the Patent Law and Draft IP Provision in the Foreign Investment LawChina Hong Kong/Beijing/Shanghai Capital Markets Client Alert: Streamlined filing require-

ments of listed issuers will take effect on 1 March 2019 (Eng.) 法律动态 -上市公司提交文

件的修�将于 2019 年 3 月 1 日生效 (Chin.)

Kyiv Banking & Finance Client Alert: Ukraine's New FX Rules (Eng.); Коротко�про�нове�валютне�регулювання�в�Україні (Ukr.)Vietnam Renewable Energy Client Alert: Vietnam revises model Power Purchase Agree-ment for wind power projectsVietnam Renewable Energy Client Alert: Vietnam's New Draft Development Guidelines on Rooftop Solar PowerVietnam Renewable Energy Client Alert: Update to New Draft Policy on Feed-in-Tariffs post-30 June 2019 for solar power projects in VietnamVietnam Banking & Finance Client Alert: New SBV guidance to commercial banks and fi-nance companies on obtaining approval for equity capital investments in companies other than credit institutionsVietnam Banking & Finance Client Alert: State Bank's guidance on obtaining approval for changes to licenses of commercial banks and foreign bank branches, and for transfer ofcapital in commercial banks

Baker McKenzie


Webinars, Meetings, Seminars, Etc.

We are very pleased to announce our 16th

annual Global Trade and Supply Chain Webinar Series entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”. The series will include the latest international trade developments including updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour.

This year, we will expand our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) will be primarily aimed at participants who are new to Global Trade and/or those who would like a refresher.

Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office and co-leader of the EMEA Customs practice, will moderate these webinars and be joined by experts from across our global network.

All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link:www.timeanddate.com.

If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live

Details

Webinar Start Time:08:00 AM (Pacific) - San Francisco10:00 AM (Central) - Chicago11:00 AM (Eastern) - DC4:00 PM (GMT) - London5:00 PM (CET) - Frankfurt12:00 AM+ (CST) - Beijing1:00 AM+ (JST) - Tokyo

*see timeanddate.com for time in your location.

Duration:90 Minutes

Login Details:Log-in details will be sent via email one week before the event.

Webinar Series Lead:Teresa A. GleasonHead, Global Customs Focus Group(San Francisco, CA)T +1 415 576 [email protected]

Jennifer F. RevisPartner(London)T 44 20 7919 [email protected]

These webinars are all complimentary.

Questions:If you have any questions regarding this webinar series, please contact:

REGISTER NOW!

Baker McKenzie


presentation.

Upcoming Webinar Dates and Topics:

Date Topic

January 29Basic: How to Classify Your Prod-ucts (Customs)

Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Budi-tomo (Jakarta)

February 26Trade Wars vs. Free Trade Agree-ments (Brexit, TPP, NAFTA)

Speakers: Stu Seidel (DC), Cindy Ow-ens (Singapore), Jenny Revis (London), and Meera Rolaz (London)

March 19 Basic: Export controls and sanctions

Speakers: Ben Smith (London), Olof Konig (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam)

April 30Conducting investigations and mak-ing disclosuresSpeakers: Ross Denton (London), John McKenzie (San Francisco), Anahita Thoms (Dusseldorf), and Lise Test (DC)

May 21Basic: How to determine the origin of your products (Customs)Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (Barce-lona), and John F. McKenzie (San Francisco)

June 25 Overview of global ABC enforcement

Speakers: Yindi Gesinde (London), Jul-ian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shanghai).Moderator: Tristan Grimmer (London)

July 30Basic: How to value your products (Customs)

Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto)

August 27Foreign investment review regimes around the world: Focus on US, EU, UK, Germany and CanadaSpeakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto)

September 24Basic: Overview of customs and im-ports developments: US, Brazil, China/Asia and Mexico

Sal GonzalezBusiness Development SpecialistTel: +1 202 835 [email protected]

MCLE Credit:Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.

Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. We have applied to renew our accreditation for our webinar in December and our upcoming webinars in 2019. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.

These webinars have been approved for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc

To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars.

We hope you will participate in and enjoy this exciting webinar series!

Interested in learning more?

Baker McKenzie


Speakers: Eunkyung Kim Shin (Chi-cago), Alessandra Machado (Sao Paolo), Frank Pan (Shanghai), and Ar-mando De Lille (Monterrey)

October 29Key updates on export controls and sanctions

Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (Lon-don), Alexander Bychkov (Moscow), and Anne Petterd (Singapore)

November 19Basic: Overview of customs and im-ports developments: EU, Middle East and Russia

Speakers: Nicole Looks (Frank-furt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow)

December 17Managing Emerging Compliance Risks

Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London)

Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continu-

ing Challenges in Global Trade” ended on December 8, 2018.

In 2018, we again expanded our usual program to include our Customs Academy, which

featured six “Customs 101” webinars ( highlighted in green below). The Customs 101 pro-

gram is primarily aimed at participants who are new to Customs and/or those who would like

a refresher and included introductory sessions on key Customs topics such as tariff classifica-

tion, valuation and origin; and an overview of Customs in some key jurisdictions.

Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global

Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these

webinars and were joined by experts from across our global network.

If you missed a webinar that has already been given, wish to see it again or want to download

a presentation, you may do so at this link or by clicking the blue title below which indicates

the material has been posted. Webinars are usually posted approximately two weeks after

the live presentation.

January 30 Human Rights, Forced Labor, and Ethical Supply

Webinar Series Lead:Teresa A. Gleason Head, Global Customs Focus

Baker McKenzie


January 30

Chains: Best Practices for Managing Growing Le-gal Obligations and Risks

Speakers: Reagan Demas (DC), John Foote(DC), Francesca Richmond (London), and Chris-topher Burkett (Toronto)

Group (San Francisco, CA)Tel: +1 415 576 3021teresa.gleason @bakermcken-zie.com

Questions:If you have any questions regard-ing this webinar series, please contact:

Sal GonzalezBusiness Development SpecialistTel: +1 202 835 [email protected]

MCLE Credit:Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Vir-ginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uni-form CLE Certificates.

Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certi-fied by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This program may earn newly admitted New York attorneys credit un-der Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.

Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forward-ers Association of America, Inc.

Interested in learning more?

February 27

Customs Basic: How to Classify Your Products

Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt)

March 27

Hot Topics in US, European, and Asian Export Controls

Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco)

April 24

Customs Basic: How to determine the origin of your products

Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto)

May 22Russian and EU Customs Update

Speakers: Alexander Bychkov (Moscow), Ni-cole Looks (Frankfurt) and Jenny Revis (Lon-don)

June 26Customs Basic: How to value your products

Speakers: Kevin Nordin (London), Jon Cow-ley (Hong Kong) and Brian Cacic (Toronto)

July 24Update on US “Protectionism”, Brexit and TPP

Speakers: Stu Seidel (DC), Jenny Revis (Lon-don), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh)

August 28Customs Basic: What you need to know about importing into China, Russia and the Middle East

Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East)

September 25Customs Audits and Enforcement Actions: Best Practices and Trends

Speakers: Adriana Ibarra-Fernandez (Mex-ico), Nicole Looks (Frankfurt), and Stuart Seidel (DC)

October 30Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina

Baker McKenzie


Speakers:Armando de Lille-Calatayud (Monte-rrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires)

November 27Hot Topics in US, European, and Asian Trade Sanctions

Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong)

December 18Customs Basic: How to mitigate duties through use of customs procedures

Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara)

RECORDED SESSIONS FROM OUR 2018

ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS

IN SANTA CLARA, CALIFORNIA

14 November 2018 – Year-End Review of Import/Export Developments (Export Day)

Video

� Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Pro-

cess

� United States Export Control Developments

� European Union Export Control Developments

� Emerging Export Control Programs in the Asia/Pacific Region

� Economic Sanctions Developments

� Export Control and Economic Sanctions Enforcement

Click here to view and/or download the materials.

15 November 2018 – Year-End Review of Import/Export Developments (Import Day)

Video

� The Trump Administration Trade Agenda (this panel did not include slides)

� Trade Wars

� Trade Agreements Developments

� Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Bra-

zil

Baker McKenzie


� Update on Foreign Import Restrictions

� Anti-Corruption Compliance and Trade Issues

Click here to view and/or download the materials.

Presentation Materials

� Changes and Developments in Japan and Asia Pacific

� Business Implications of Trade Conflict

� Free Trade Agreement Developments

� Trade Sanctions and Export Controls

� E Commerce Challenges and Opportunities

RECORDED SESSIONS FROM OUR 2017

ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS

IN SANTA CLARA, CALIFORNIA

14 November 2017 – Year-End Review of Import/Export Developments (Export Day)

AM Sessions Recording –

� Export Control Developments in the United States and European Union

� Encryption Export Controls and Cloud Computing: A Comparative Analysis

� United States Economic Sanctions Update & Russian Response to US Sanctions

PM Sessions Recording –

� Economic Sanctions: A Comparative Analysis

� Export Enforcement (panel format did not include slides)

� Export Control Developments in the Asia Pacific Region

� Arab States Boycott of Qatar and the Implications Under the United States Anti-Boycott

Baker McKenzie


Regulations

15 November 2017 – Year-End Review of Import/Export Developments (Import Day)

AM Sessions Recording –

� The Current International Trade Environment: Challenges to Globalization and its Im-

pact on the Supply Chain

� Trade Policies and Initiatives Under the Trump Administration

� The NAFTA Renegotiation: A Multinational Perspective

� United States and Canadian Customs Regulatory Update

PM Sessions Recording –

� European Union Customs and Trade Developments

� Emerging Impediments to the Import of IT Products into China

� Latin American Trade Developments

WTO TBT Notifications

Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of “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 contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison.

Country Notification Date IssuedFinal Date

for Com-ments

Merchandise Covered

Argentina ARG/354 01/10/2019 03/11/2019Frames and mountings for spectacles or goggles (HS 9003)

Argentina ARG/93/Add.3 01/21/2019 Not given Wine products

Argentina ARG/108/Add.2 01/21/2019 Not given Liquefied petroleum gas (LPG)

Argentina ARG/251/Add.2 01/23/2019 Not given Medicinal preparations

Argentina ARG/340/Add.1 01/21/2019 Not givenSteel wire ropes; Steel wire, wire ropes and link chains

Argentina ARG/355 01/23/2019 Not given Sunglasses (HS 900410)

Argentina ARG/38/Add.9 02/07/2019 Not given Safety auto parts and/or fittings

Argentina ARG/82/Add.2 01/25/2019 Not given Natural gas

Argentina ARG/208/Add.2 02/08/2019 Not given Cells and batteries

Argentina ARG/334/Add.1 02/08/2019 Not given Medicines for human use

Argentina ARG/356 02/20/2019 Not givenAlkali or alkaline-earth metals; rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury (HS 2805)

Bahrain, Kingdom of BHR/559 01/16/2019 03/17/2019 Infants Formula

Bahrain, Kingdom of BHR/560 01/16/2019 03/15/2019 Infants and Young Children Food

Baker McKenzie



for Com-ments

Merchandise Covered

Bahrain, Kingdom of BHR/561 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

Bangladesh BGD/1 02/20/2019 Not givenProducts that are covered under mandatory certifi-cation for sales and distribution

Bangladesh BGD/2 02/21/2019 Not given Medicine and pharmaceutical products

BelgiumBEL/42 01/18/2019 03/19/2019

Standardized unit packs and outer packaging for cigarettes, rolling tobacco, water pipe tobacco and paper for cigarettes and rolling tobacco

BelgiumBEL/43 01/18/2019 03/19/2019

Standardized packaging for cigarettes, rolling to-bacco and water pipe tobacco

Bolivia BOL/13 01/17/2019 03/16/2019 Cosmetic Products

Brazil BRA/861 01/28/2019 04/01/2019Plastic materials and polymer coatings in contact with food.

Brazil BRA/772/Add.2 01/25/2019 Not given Smoked fish (HS Code(s) 03)

Burundi BDI/14 01/16/2019 03/17/2019 Toffee

Burundi BDI/15 01/16/2019 03/17/2019 Chewing gum

Canada CAN/575 01/16/2019 03/15/2019 Vodka (HS 220860)

Canada CAN/577 01/30/2019 04/05/2019Radiocommunications; Electromagnetic compatibil-ity (EMC) including radio interference

Canada CAN/576 01/24/2019 03/17/2019Radiocommunications; Electromagnetic compatibil-ity (EMC) including radio interference.

Canada CAN/578 02/20/2019 05/09/2019 Radiocommunications

Canada CAN/505/Add.1 02/21/2019 Not given Live animals

Chile CHL/422/Add.1 01/04/2019 Not given Chemical substances and mixtures

Chile CHL/464 01/04/2019 03/05/2019 Light and medium-sized vehicles and motorcycles

Chile CHL/253/Add.2 01/18/2019 Not given Portable fire extinguishers

Chile CHL/439/Add.1 01/15/2019 Not given Organic agricultural products

Chile CHL/465 01/16/2019 01/31/2019 Agricultural pesticides

Chile CHL/446/Add.1 02/07/2019 Not given Electric hot and cold water dispensers

Chile CHL/450/Add.1 02/07/2019 Not given Electrical appliances for skin and hair care

Chile CHL/465/Add.1 02/05/2019 Not given Agricultural pesticides

Chile CHL/297/Add.1 02/08/2019 Not given Washing machines

Chile CHL/440/Add.1 02/08/2019 Not given Circuit breakers

Chile CHL/377/Add.2 02/12/2019 Not given Light and medium-sized vehicles. Motorcycles.

Chile CHL/444/Add.1 02/12/2019 Not given Automatic valves for portable liquefied petroleum gas (LPG) cylinders weighing 2, 5, 11 or 15kg

Chile CHL/445/Add.1 02/12/2019 Not given Manual valves for portable liquefied petroleum gas (LPG) cylinders weighing 33 or 45kg

Chile CHL/448/Add.1 02/12/2019 Not given Multi-layer pipes with an aluminium inner layer and related accessories, used for fuel gases

Baker McKenzie



for Com-ments

Merchandise Covered

Chile CHL/449/Add.1 02/12/2019 Not given Non-refillable metal cartridges for liquefied petro-leum gas (LPG), with or without valves, intended for use in portable appliances

Chile CHL/452/Add.1 02/12/2019 Not given Gas-fired central heating boilers

Chile CHL/453/Add.1 02/12/2019 Not given Gas-fired central heating boilers

Chile CHL/441/Add.1 02/20/2019 Not given Earth leakage switches without overcurrent protec-tion, independent of voltage

Chile CHL/451/Add.1 02/20/2019 Not given Portable air coolers

Chile CHL/454/Add.1 02/19/2019 Not given High-pressure cleaners

Chile CHL/456/Add.1 02/20/2019 Not given Adapters for plugs

China CHN/1311 02/22/2019 04/23/2019

Cosmetics; Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan prep-arations; manicure or pedicure preparations (HS 3304)

China CHN/1311 02/22/2019 04/23/2019

Cosmetics; Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan prep-arations; manicure or pedicure preparations (HS 3304)

Colombia COL/53/Add.2 01/09/2019 Not given Wood packaging material

Colombia COL/236 01/17/2019 03/16/2019 Cosmetic Products

Colombia COL/228/Add.2 02/05/2019 Not givenZinc-carbon and alkaline cells and batteries (HS tar-iff subheadings 8506.10.11.00, 8506.10.19.00, 8506.10.91.10, 8506.10.91.90 and 8506.10.99.00)

Costa Rica CRI/84/Add.1 01/28/2019 Not given Veterinary drugs and related products

Costa Rica CRI/122/Add.3 02/05/2019 Not given Electrical wiring

Costa Rica CRI/172/Add.1 01/28/2019 Not given Matured cheese

Costa Rica CRI/184 01/28/2019 03/29/2019Electrical switches, sockets, plugs and cord con-nectors

Czech Republic CZE/231 01/15/2019 02/25/2019

Measuring instruments used to monitor activity lim-its and concentration of effluents from nuclear facili-ties, nuclear raw material mining or processing facil-ities, radioactive waste processing plants and from the processing or application of radioactive materi-als, and also used to determine environmental radi-ation exposure due to effluents - measuring instru-ments for continuous monitoring of radioactive aer-osols, including transuranic aerosols in gaseous ef-fluents from nuclear facilities

Czech Republic CZE/232 01/15/2019 02/25/2019

Measuring instruments used to monitor activity lim-its and concentration of effluents from nuclear facili-ties, nuclear raw material mining or processing facil-ities, radioactive waste processing plants and from the processing or application of radioactive materi-als, and also used to determine environmental radi-ation exposure due to effluents - measuring instru-ments for continuous monitoring of radioactive io-dine in gaseous effluents from nuclear facilities

Baker McKenzie



for Com-ments

Merchandise Covered

Czech Republic CZE/233 01/15/2019 02/25/2019 Electricity meters

Czech Republic CZE/234 01/15/2019 02/25/2019Class 1 and 2 sound level meters, bandwidth filters, measurement microphones

Ecuador ECU/342 01/17/2019 03/16/2019 Cosmetic Products

EcuadorECU/3/Rev.1/Add.3

02/06/2019 Not given Household refrigerating appliances (HS 8418)


02/06/2019 Not given Ceramic products


02/06/2019 Not given Domestic refrigeration appliances (HS 8418)

Egypt EGY/114/Add.1 02/14/2019 Not given Miscellaneous products

El Salvador SLV/126/Add.1 01/28/2019 Not given Pharmaceutical products (HS Chapter 30)

El Salvador SLV/199/Add.1 01/28/2019 Not given Matured cheese

European Union EU/640 01/28/2019 03/29/2019New motor vehicles and their trailers, as well as separate technical units and components intended for such vehicles.

European Union EU/641 02/07/2019 04/08/2019Chemical substance 4-tert-butylphenol (PTBP) (EC No. 202-679-0, CAS No. 98-54-4, HS code 29071990

European Union EU/642 02/12/2019 0Single use plastic products, fishing gear and prod-ucts made from oxo-degradable plastic

European Union EU/643 02/15/2019 04/16/2019 Chemical substances

European Union EU/211/Add.1 02/18/2019 Not given Agricultural products and food

Finland FIN/70 01/14/2019 03/15/2019 Construction products







Guatemala GTM/62/Add.1 01/28/2019 Not given Veterinary drugs and related products

Guatemala GTM/95/Add.1 01/28/2019 Not given Matured cheese

Honduras HND/56/Add.1 02/01/2019 Not given Veterinary drugs and related products

Honduras HND/91/Add.1 02/01/2019 Not given Matured cheese

India IND/87 02/22/2019 04/23/2019 Food Products




Indonesia IDN/19/Add.9 02/07/2019 Not givenTank Steel for LPG (HS 7311); Valve of Tank Steel for LPG (HS 8481.80); LPG Stove of One Tank with Mechanic Burning (HS 7321.11, 7321.81, 7321.90);

Baker McKenzie



for Com-ments

Merchandise Covered

Low Pressure Regulator for LPG Tank Steel (HS 8481.10, 8481.80); Rubber Hose for LPG (HS 4009.11, 4009.12)

Indonesia IDN/16/Add.2 01/16/2019 Not given Steel bars (HS 7213, 7214)

Indonesia IDN/37/Add.4 02/07/2019 Not givenGlazed Ceramic - Tableware, Closets and Ceramic Tiles (HS 6907, 6908, 6910, 6911, 6912)

Indonesia IDN/79/Add.2 02/07/2019 Not given High pressure regulator (HS 8481.10)

Israel ISR/1033 02/05/2019 04/06/2019 Paints and varnishes (HS 3212, 3213)

Italy ITA/34 02/14/2019 04/23/2019Car seat reminder devices for vehicles from interna-tional categories M1, N1, N2 and N3

Japan JPN/619 01/31/2019 04/01/2019

Computers (HS: 8471.30, 8471.41, 8471.49, 8471.50) Other digital automatic data processing machines: (HS 84714), - Portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display (HS 847130), - Digi-tal processing units, other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units (HS 847150). Microprocessor systems.

Japan JPN/618 01/18/2019 03/19/2019 Veterinary biologics except in vitro diagnostics

Kazakhstan KAZ/22 01/30/2019 03/31/2019 Products for children and teenagers.

Kazakhstan KAZ/23 01/30/2019 03/31/2019

Food additives, complex food additives, flavors, technological aids, food products in terms of the content of food additives in it, biologically active substances from flavors, residual quantities of tech-nological aids.

Kenya KEN/774 01/21/2019 03/03/2019 glass containers for packaging (Cans. Tins. Tubes.)

Kenya KEN/775 01/21/2019 03/03/2019Paper and board food contact packaging material (Cans. Tins. Tubes.)

Kenya KEN/776 01/21/2019 03/03/2019 Desiccants (Cans. Tins. Tubes.)

Kenya KEN/777 01/21/2019 Not given Road vehicles in general

Kenya KEN/778 01/22/2019 03/03/2019Paper plates and cups for food packaging (Cans. Tins. Tubes.)

Kenya KEN/779 01/22/2019 03/03/2019Paper and board intended to come into contact with foodstuffs (Cans. Tins. Tubes.)

Kenya KEN/780 01/22/2019 02/27/2019 Packaged flavoured drinking water

Kenya KEN/781 01/22/2019 02/28/2019 Textile fabrics

Kenya KEN/782 01/22/2019 02/28/2019 Textile fabrics

Kenya KEN/783 01/30/2019 03/25/2019 Liquid fuels

Kenya KEN/784 01/30/2019 03/11/2019 Clothes (baby shawls)

Kenya KEN/785 01/30/2019 03/11/2019 Clothes (Sweaters)

Kenya KEN/786 01/30/2019 03/11/2019 Clothes�(Men’s�and�boys’�trousers)

Baker McKenzie



for Com-ments

Merchandise Covered

Kenya KEN/787 01/30/2019 03/09/2019 Vegetables and derived products (Sweet potato)

Kenya KEN/788 01/30/2019 03/09/2019Cereals, pulses and derived products (Sweet potato puree)

Kenya KEN/789 01/30/2019 03/09/2019Cereals, pulses and derived products (Sweet potato bread)

Kenya KEN/790 01/30/2019 03/04/2019 Chocolate

Kenya KEN/791 01/30/2019 03/04/2019 Cocoa (Cocoa butter)

Kenya KEN/792 01/30/2019 03/04/2019 Cocoa (Cocoa powder)

Kenya KEN/793 01/30/2019 03/25/2019 Liquid fuels (Automotive gasoline)

Kenya KEN/794 01/31/2019 03/03/2019 Cans. Tins. Tubes (Flexible laminate tubes)

Kenya KEN/795 01/31/2019 03/11/2019 Textile fabrics (Pillows for domestic use)

Kenya KEN/796 02/14/2019 03/30/2019 Cheese

Kenya KEN/797 02/14/2019 03/30/2019 Cheese

Kenya KEN/798 02/14/2019 03/30/2019 Cheese

Kenya KEN/799 02/14/2019 03/30/2019 Cheese

Kenya KEN/800 02/14/2019 03/30/2019 Milk and processed milk products

Kenya KEN/801 02/14/2019 03/30/2019 Cheese

Kenya KEN/802 02/14/2019 03/30/2019 Cheese

Kenya KEN/803 02/14/2019 03/30/2019 Cheese

Kenya KEN/804 02/14/2019 03/30/2019 Cheese

Kenya KEN/805 02/14/2019 03/30/2019 Cheese

Kenya KEN/806 02/14/2019 03/30/2019 Fruits. Vegetables

Kenya KEN/807 02/14/2019 03/30/2019 Beverages

Kenya KEN/808 02/20/2019 03/29/2019 Spices and condiments (Moringa leaf products)

Kenya KEN/809 02/20/2019 03/29/2019 Spices and condiments (Moringa leaf products)

Kenya KEN/810 02/20/2019 03/30/2019 Fruits. Vegetables (Certain canned fruits)

Kenya KEN/811 02/21/2019 03/30/2019Fruits, vegetables and derived products in general (Quick frozen vegetables)

Kenya KEN/812 02/21/2019 03/30/2019Fruits, vegetables and derived products in general (Canned applesauce)

Kenya KEN/813 02/21/2019 03/30/2019 Fruits. Vegetables (Canned stone fruits)

Kenya KEN/814 02/25/2019 04/04/2019 Construction technology

Kenya KEN/815 02/25/2019 04/04/2019 External sewage systems

Kenya KEN/816 02/25/2019 04/02/2019 Protection against dangerous goods

Baker McKenzie



for Com-ments

Merchandise Covered

Kenya KEN/817 02/25/2019 04/02/2019Protection against dangerous goods (Toxic sub-stances)

Kenya KEN/818 02/25/2019 04/11/2019 Footwear (Men's shoes)

Kenya KEN/819 02/25/2019 04/11/2019 Footwear (Men's shoes)

Kenya KEN/820 02/25/2019 04/11/2019 Footwear (Ladies shoes)

Kenya KEN/821 02/25/2019 04/11/2019 Footwear (Ladies shoes)

Kenya KEN/822 02/25/2019 04/11/2019 Footwear (Children's shoes)

Kenya KEN/823 02/25/2019 04/11/2019 Footwear (Children's shoes)

Korea, Republic of KOR/808 01/23/2019 03/24/2019 Medical Devices

Korea, Republic of KOR/809 02/01/2019 04/02/2019

Chemical substances subject to submission of chemicals verification result in accordance with the existing Chemicals Control Act, including chemicals subject to import declaration



Korea, Republic of KOR/812 02/21/2019 04/22/2019 Pharmaceutics

Kuwait KWT/447 01/16/2019 03/17/2019 Infants Formula

Kuwait KWT/448 01/16/2019 03/15/2019 Infants and Young Children Food

Kuwait KWT/449 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 62035:2019; Discharge lamps (excluding fluores-cent lamps) - Safety specifications; Fluorescent lamps

Kuwait KWT/450 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60065:2019; Audio, video and similar electronic ap-paratus - Safety requirements

Kuwait KWT/451 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60309-1:2019; Plugs, socket-outlets and couplers for in-dustrial purposes - Part 1: General requirements

Kuwait KWT/452 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60335-1:2019; Household and similar electrical appliances - Safety - Part 1 - General Requirements

Kuwait KWT/453 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 60309-4:2019; Plugs, socket-outlets and couplers for in-dustrial purposes - Part 4: Switched socket-outlets and connectors with or without interlock

Kuwait KWT/454 01/31/2019 03/31/2019All products fall under scope of KWS IEC 61058-2-1:2019; Switches for appliances – Part 2-1: Particu-lar requirements for cord switches; Switches

Kuwait KWT/455 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 61534-21:2019; Powertrack systems - Part 21: Particularrequirements for powertrack systems intended for wall and ceiling mounting

Kuwait KWT/456 01/31/2019 03/31/2019Other standards related to lamps (LED modules for general lighting)

Kuwait KWT/457 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60974-6:2019; Arc welding equipment - Part 6: Limited duty equipment

Baker McKenzie



for Com-ments

Merchandise Covered

Kuwait KWT/458 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60034-1:2019; Rotating electrical machines - Part 1: Rat-ing and performance

Kuwait KWT/459 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60974-1:2019; Arc welding equipment - Part 1: Welding power sources

Kuwait KWT/460 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 61029-2-1:2019; Safety of transportable motor-operated electric tools - Part 2: Particular requirements for circular saws

Kuwait KWT/461 01/31/2019 03/31/2019All products fall under scope of KWS IEC 61029-1:2019; Safety of transportable motor-operated electric tools - Part 1: General requirements

Kuwait KWT/462 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60950-1:2019; Information technology equipment - Safety -Part 1: General requirements

Kuwait KWT/463 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 60898-2:2019; Electrical accessories - Circuit-breakers for overcurrent protection for household and similar in-stallations - Part 2: Circuit-breakers for AC and DC operation

Kuwait KWT/464 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 60898-1:2019; Electrical accessories - Circuit-breakers for overcurrent protection for household and similar in-stallations - Part 1: Circuit-breakers for a.c. opera-tion

Kuwait KWT/465 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60838-1:2019; Miscellaneous lampholders - Part 1: Gen-eral requirements and tests

Kuwait KWT/466 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60745-1:2019; Hand-held motor-operated electric tools -Safety - Part 1: General requirements

Kuwait KWT/467 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60598-1:2019; Luminaires - Part 1: General requirements and tests

Kuwait KWT/468 01/31/2019 03/31/2019All products fall under scope of KWS IEC 60570:2019; Electrical supply track systems for lu-minaires

Kuwait KWT/469 01/31/2019 03/31/2019

All products fall under scope of KWS IEC 61558-1:2019; Safety of transformers, reactors, power supply units and combinations thereof - Part 1: General requirements and tests

Kuwait KWT/470 01/31/2019 03/31/2019All products fall under scope of KWS IEC 61534-1:2019; Powertrack systems - Part 1: General re-quirements

Kuwait KWT/471 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

Lithuania LTU/35 02/07/2019 04/08/2019 Alcoholic beverages

Malawi MWI/19 02/12/2019 04/13/2019Packaged, dry, combined materials for mortar and concrete (HS 2517). Concrete structures

Malawi MWI/20 02/12/2019 04/13/2019Maize grain (Zea mays); Cereals, pulses and de-rived products

Malawi MWI/21 02/12/2019 04/13/2019 Bun; Cereals, pulses and derived products

Baker McKenzie



for Com-ments

Merchandise Covered

Malawi MWI/22 02/12/2019 04/13/2019Fresh and frozen whole fin fish (HS 0303). Fish and fishery products

Malawi MWI/23 02/12/2019 04/13/2019Other prepared or preserved fish (HS 160420). Fish and fishery products

Malawi MWI/24 02/12/2019 04/13/2019 Fish and fishery products (HS 0304)

Malawi MWI/25 02/12/2019 04/13/2019 Fish and fishery products (HS 0302)

Malawi MWI/26 02/12/2019 04/13/2019 Dried fish (HS 03055). Fish and fishery products

Malawi MWI/27 02/12/2019 04/13/2019 Sardines (HS 030261). Fish and fishery products

Malawi MWI/28 02/12/2019 04/13/2019Frozen fillets (HS 030420). Fish and fishery prod-ucts

Malawi MWI/29 02/12/2019 04/13/2019Fresh and chilled fish 03.04. (HS 0302). Fish and fishery products

Malawi MWI/30 02/12/2019 04/13/2019Smoked finfish, Smoked fish, including fillets: (HS 03054). Fish and fishery products

Malawi MWI/31 02/12/2019 04/13/2019Salted fish and dried salted fish (HS 03055). Fish and fishery products.

Malawi MWI/32 02/12/2019 04/13/2019Tomato concentrates (tomato puree and paste)(HS 2002). Vegetables and derived products

Malawi MWI/33 02/12/2019 04/13/2019Tomato sauce and ketchup; Vegetables and de-rived products

Malawi MWI/34 02/12/2019 04/13/2019Preserved tomatoes; Vegetables and derived prod-ucts

Malawi MWI/35 02/12/2019 04/13/2019 Undercoats for paints; Paints and varnishes

Malawi MWI/36 02/12/2019 04/13/2019Decorative high gloss enamel paints; Paints and varnishes

Malawi MWI/37 02/12/2019 04/13/2019 Edible oils and fats (HS 151620), Oilseeds

Malawi MWI/38 02/12/2019 04/13/2019 Edible oils and fats (HS 151620), Oilseeds

Malawi MWI/39 02/12/2019 04/13/2019Vegetable fats and oils and their fractions (HS 151620). Edible oils and fats. Oilseeds

Mexico MEX/317/Add.4 01/09/2019 Not given Solar water heaters (tariff subheading 8419.19.02)

Mexico MEX/375/Add.1 01/09/2019 Not given Condensing and evaporator units for refrigeration purposes National tariff heading 84158299

Mexico MEX/429/Add.1 01/09/2019 Not given Electrical installations

Mexico MEX/445 01/09/2019 02/18/2019 Honey (040900)

Mexico MEX/308/Add.6 01/17/2019 Not given Eggs and egg products (heading 0407)

Mexico MEX/446 01/11/2019 03/05/2019 Various types of vehicles

Mexico MEX/447 01/24/2019 03/22/2019 Products related to power plants

Mexico MEX/378/Add.2 02/05/2019 Not given

Onshore and offshore pipelines, throughout their entire life cycle, that are used to collect hydrocar-bons and transport oil, natural gas, petroleum prod-ucts and petrochemicals; and pipelines used in nat-ural gas processing and oil refining processes and for the distribution of natural gas and petroleum products. Pipelines that are out of operation (tem-porarily or after having been abandoned), and pipe-lines which have not yet been built or are inactive,

Baker McKenzie



for Com-ments

Merchandise Covered

are also included

Mexico MEX/448 02/05/2019 03/26/2019Pressurized portable containers and pressurized transportable containers - Safety in warehouses

Mexico MEX/390/Add.2 02/14/2019 Not given Yoghurt (HS 04031001)

Mexico MEX/391/Add.2 02/14/2019 Not given Milk powder or dried milk

Mexico MEX/395/Add.2 02/14/2019 Not given Cheese

Mexico MEX/390/Add.2 02/14/2019 Not given Yoghurt (HS 04031001)

Mexico MEX/391/Add.2 02/14/2019 Not given Milk powder or dried milk

Mexico MEX/395/Add.2 02/14/2019 Not given Cheese

Nicaragua NIC/105/Add.1 02/01/2019 Not given Veterinary drugs

Nicaragua NIC/157/Add.1 02/01/2019 Not given Matured cheese

Oman OMN/392 01/16/2019 03/17/2019 Infants Formula

Oman OMN/393 01/16/2019 03/15/2019 Infants and Young Children Food

Oman OMN/394 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

Panama PAN/90/Add.1 01/17/2019 Not given Split type, free flow, ductless air conditioners

Panama PAN/91/Add.1 01/17/2019 Not given Split-type air-conditioners

Panama PAN/94/Add.1 01/17/2019 Not given Induction motors

Panama PAN/88/Add.1 01/24/2019 Not given Room air-conditioners

Panama PAN/89/Add.1 01/24/2019 Not given Split type, free flow, ductless air conditioners

Panama PAN/92/Add.2 01/17/2019 Not given Household refrigerators and freezers

Panama PAN/96/Add.1 01/30/2019 Not given Matured cheese

Panama PAN/101 01/30/2019 03/31/2019 Veterinary drugs and related products

Peru PER/109 01/09/2019 03/03/2019

Motor vehicles for the transport of ten or more per-sons, including the driver (HS 8702); Chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (HS 8706); Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711); Other vehicles, with spark-ignition internal combus-tion reciprocating piston engine (HS 87032); Other vehicles, with compression-ignition internal com-bustion piston engine (diesel or semi-diesel) (HS 87033); Other, with spark-ignition internal combus-tion piston engine (HS 87043); Road tractors for semi-trailers (HS 870120); Other (HS 870390); g.v.w. not exceeding 5 tonnes (HS 870421); g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes (HS 870422); Crane lorries (HS 870510); Concrete-mixer lorries (HS 870540); Other (HS 870590)

Peru PER/110 01/17/2019 03/16/2019 Cosmetic Products

Philippines PHL/210 01/31/2019 02/14/2019Speed Limitation Devices (SLD) and Adjustable Speed Limitation Devices (ASLD)

Baker McKenzie



for Com-ments

Merchandise Covered

Qatar QAT/557 01/16/2019 03/17/2019 Infants Formula

Qatar QAT/558 01/16/2019 03/15/2019 Infants and Young Children Food

Qatar QAT/559 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

Russian Federation RUS/91 02/12/2019 04/10/2019Food products; related to the requirements for food products processes of production (manufacturing), storage, transportation, sale and disposal

Saudi Arabia SAU/1100 01/16/2019 03/17/2019 Infants Formula

Saudi Arabia SAU/1101 01/16/2019 03/15/2019 Infants and Young Children Food

Saudi Arabia SAU/991/Rev.1 02/07/2019 Not givenTrailers and half trailers (HS codes: see the Annex (1), page 16)

Saudi Arabia SAU/993/Rev.1 02/07/2019 Not givenBricks, tiles, ceramics, sanitary ware and related products (HS codes: see the Annex (1), page 15)

Saudi Arabia SAU/1102 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

Slovenia SVN/105 02/07/2019 04/08/2019 Milk and milk products

Slovenia SVN/106 02/07/2019 04/08/2019 Fresh beef, pig and poultry meat

Slovenia SVN/107 02/07/2019 04/08/2019 Fruits and derived products

South Africa ZAF/234 02/13/2019 04/08/2019 Fruits. Vegetables

Sri Lanka LKA/39 02/18/2019 Not givenProducts covered and HS codes are given in the Gazette Notification No: 2107/45 of 25 January 2019 (Vehicular exhausts emissions)

Taiwan Economy TPKM/346 01/07/2019 03/08/2019 Organic agricultural products

Taiwan EconomyTPKM/347/Corr.1

01/09/2019 Not given Organic agricultural products


Taiwan EconomyTPKM/348/Corr.1

01/09/2019 Not given Organic agricultural products


Taiwan Economy TPKM/349 01/07/2019 03/08/2019 Cosmetics



Taiwan EconomyTPKM/327/Add.1

01/18/2019 Not given Electronic toilet seats (HS 6910, 851679)

Taiwan Economy TPKM/352 01/16/2019 03/17/2019 Wireless chargers; Static converters (HS 850440)

Taiwan Economy TPKM/353 01/16/2019 03/17/2019 Imported Foods and Related Products

Taiwan Economy TPKM/354 01/16/2019 03/17/2019

Children's raincoats; Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07. (HS 6210), - Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620)

Taiwan EconomyTPKM/337/Rev.1

02/05/2019 Not given Pharmaceutical products

Taiwan Economy TPKM/355 02/05/2019 04/06/2019 Cosmetics; Toiletries

Baker McKenzie



for Com-ments

Merchandise Covered

Taiwan Economy TPKM/356 02/05/2019 04/06/2019 Cosmetics; Toiletries

Taiwan Economy TPKM/357 02/18/2019 04/19/2019Turning machines and machining centres for cold metal (HS Chapters 84 and 85)

Taiwan Economy TPKM/358 02/20/2019 04/21/2019Tobacco and manufactured tobacco substitutes (HS 24)

Taiwan Economy TPKM/359 02/20/2019 03/20/2019 Cosmetics. Toiletries


Sunglasses and lens of sunglasses; - Spectacle lenses of glass (HS 900140), - Spectacle lenses of other materials (HS 900150), - Sunglasses (HS 900410)

Taiwan Economy TPKM/361 02/20/2019 04/21/2019Electric Cookers; - Other ovens; cookers, cooking plates, boiling rings, grillers and roasters (HS 851660)


Electric storage tank water heaters, air conditioners with hermetic type compressor; - Window or wall types, self-contained or “split-system” (HS 841510), - Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps) (HS 841581), - Other, incorporating a refrig-erating unit (HS 841582), - Parts (HS 841590), -Electric instantaneous or storage water heaters and immersion heaters (HS 851610)

Tanzania TZA/231 01/14/2019 03/15/2019Chemicals for industrial and domestic disinfection purposes

Tanzania TZA/232 02/05/2019 04/06/2019 Fruits and derived products (fruit drinks)

Tanzania TZA/233 02/05/2019 04/06/2019Fruits and derived products (Fruit juices and nec-tars)

Tanzania TZA/234 02/05/2019 04/06/2019Vegetables and derived products (Jams, jellies and marmalades)

Tanzania TZA/235 02/05/2019 04/06/2019 Spices and condiments (Pickles)

Tanzania TZA/236 2/20/2019 04/21/2019 Fruits. Vegetables

Tanzania TZA/237 02/22/2019 04/23/2019 Meat and meat products (Canned corn beef)

Tanzania TZA/238 02/22/2019 04/23/2019Meat and meat products (Meat grades and meat cuts)

Tanzania TZA/239 02/22/2019 04/23/2019 Meat and meat products (Dressed poultry)

Tanzania TZA/240 02/22/2019 04/23/2019 Meat and meat products (Meat sausages)

Tanzania TZA/241 02/22/2019 04/23/2019 Prepackaged and prepared foods (Meat products)

Tanzania TZA/237 02/22/2019 04/23/2019 Meat and meat products (Canned corn beef)

Tanzania TZA/238 02/22/2019 04/23/2019Meat and meat products (Meat grades and meat cuts)

Tanzania TZA/239 02/22/2019 04/23/2019 Meat and meat products (Dressed poultry)

Tanzania TZA/240 02/22/2019 04/23/2019 Meat and meat products (Meat sausages)

Tanzania TZA/241 02/22/2019 04/23/2019 Prepackaged and prepa

Thailand THA/532 02/13/2019 04/14/2019 Tobacco products

Baker McKenzie



for Com-ments

Merchandise Covered

Thailand THA/533 02/13/2019 04/14/2019Articles for the conveyance or packing of goods (HS 3923). Materials and articles in contact with food-stuffs

Thailand THA/534 02/25/2019 Not given New pneumatic tyres, of rubber. (HS 4011). Tyres

Trinidad and Tobago TTO/120 02/07/2019 04/08/2019 Concrete and concrete products

Tunisia TUN/27 01/10/2019 03/11/2019Food products similar to cheese for human con-sumption

Turkey TUR/143/Add.1 01/10/2019 Not given Belt Drive - Pulleys and V Belts for Automotive In-dustries

Turkey TUR/145 01/11/2019 03/12/2019 Screws; bolts and nuts (HS 741533)

Turkey TUR/146 01/23/2019 03/15/2019

Food (excluding spring water, drinking water, natu-ral mineral water, water for special medical pur-poses of which are produced without using any food additives, flavourings and any substance for enrich-ment purposes)

Uganda UGA/1014 01/08/2019 03/09/2019

Packaged flavoured drinking water; Waters, includ-ing mineral waters and aerated waters, containing added sugar or other sweetening matter or fla-voured (HS 220210)

Uganda UGA/1015 01/09/2019 03/10/2019Automotive gasoline, Premium motor spirit; Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes (HS 27)

Uganda UGA/1016 01/09/2019 03/10/2019Automotive gas oil, Automotive diesel; Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes (HS 27)

Uganda UGA/1017 01/10/2019 03/11/2019

Umbilical cord clamp; Instruments and appliances used in medical, surgical, dental or veterinary sci-ences, including scintigraphic apparatus, other elec-tro-medical apparatus and sight-testing instruments (HS 9018)

Uganda UGA/1018 01/10/2019 03/11/2019 Displacement and Volumetric Tank Provers

Uganda UGA/1019 01/10/2019 03/11/2019

Lease Automatic Custody Transfer (LACT) Sys-tems; Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flowmeters, level gauges, manometers, heat meters), excluding in-struments and apparatus of heading 90.14, 90.15, 90.28 or 90.32 (HS 9026)

Uganda UGA/1020 02/05/2019 04/06/2019Dark sweet molasses, Black strap molasses; Mo-lasses resulting from the extraction or refining of sugar (HS 1703)

Uganda UGA/1021 02/07/2019 04/08/2019

Fruit juices and nectars; Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not contain-ing added sugar or other sweetening matter (HS 2009)

Uganda UGA/1022 02/07/2019 04/08/2019Pickles; Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid (HS 2001)

Uganda UGA/1023 02/07/2019 04/08/2019Dried mango; Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried (HS 0804)

Baker McKenzie



for Com-ments

Merchandise Covered

Uganda UGA/1024 02/07/2019 04/08/2019

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter (HS 2007)

Uganda UGA/1025 02/07/2019 04/08/2019 Fruit drinks; Fruits and derived products

Uganda UGA/1026 02/26/2019 04/27/2019 Fly ash Other (HS 262190)

Uganda UGA/1027 02/26/2019 04/27/2019 Food grade nitrogen; Nitrogen (HS 280430)

Uganda UGA/1028 02/26/2019 04/27/2019

Gelatin (including gelatin in rectangular (including square) sheets, whether or not surface- Worked or coloured) and gelatin derivatives; isinglass; other glues of animal origin, excluding casein glues of heading 35.01 (HS 3503)

Ukraine UKR/145 01/17/2019 03/17/2019 Cosmetic products

Ukraine UKR/146 01/23/2019 03/24/2019Fruit juice, fruit juice from concentrate, concentrated fruit juice, dehydrated/powdered fruit juice, fruit nec-tar.

Ukraine UKR/147 01/23/2019 03/24/2019

Blossom honey or nectar honey, honeydew honey, comb honey, chunk honey or cut comb in honey, drained honey, extracted honey, pressed honey, fil-tered honey, baker's honey

Ukraine UKR/148 01/23/2019 03/24/2019Coffee extract, soluble coffee extract, soluble cof-fee, instant coffee, chicory extract, soluble chicory, instant chicory.

Ukraine UKR/144 11/09/2018 Not givenPacking sets for storage and disposal of radioactive wasters

Ukraine UKR/149 01/31/2019 Not given Pressure equipment

United Arab Emirates ARE/455 01/16/2019 03/17/2019 Infants Formula

United Arab Emirates ARE/456 01/16/2019 03/15/2019 Infants and Young Children Food

United Arab Emirates ARE/457 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

United Kingdom GBR/33 01/18/2019 04/18/2019 Plastic-stemmed cotton buds

United States USA/516/Add.1 01/31/2019 Not given Brake fluids (HS 3819)

United States USA/1334/Add.2 01/31/2019 Not given Organics

United States USA/1353/Add.1 01/31/2019 Not given Bump-stock-type devices (HS 9303)

United States USA/1436 01/31/2019 02/11/2019 Motor vehicle bumper standards

United States USA/772/Add.1 02/12/2019 Not given Event data recorders

United States USA/863/Add.2/Corr.1

02/12/2019 Not given Residential furnace fans (HS 8414)

United States USA/1432/Add.1 02/12/2019 Not givenResidential wood heaters, hydronic heaters and forced-air furnaces

United States USA/1437 02/12/2019 04/2/2019Fruits and vegetable grade standards; Processes in the food industry, Fruits. Vegetables

United States USA/1438 02/13/2019 Not given External power supplies; Miscellaneous domestic and commercial equipment

United States USA/1439 02/13/2019 04/08/2019 Meat products and other animal produce

United States USA/1343/Add.1 02/21/2019 Not given Hydrofluorocarbons

Baker McKenzie



for Com-ments

Merchandise Covered

United States USA/1361/Add.1 02/21/2019 Not given Volatile Organic Compound limits

United States USA/1440 02/21/2019 04/12/2019 General service lamps

Uruguay URY/26/Corr.1 02/05/2019 Not given Foods packaged in the absence of the customer

Uruguay URY/26/Corr.2 02/15/2019 Not given Foods packaged in the absence of the customer

Yemen YEM/160 01/16/2019 03/17/2019 Infants Formula

Yemen YEM/161 01/16/2019 03/15/2019 Infants and Young Children Food

Yemen YEM/162 02/18/2019 04/19/2019Labeling that must be written in Packages Tobacco Products

CBP Rulings: Downloads and Searches

As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and down-loading using the CROSS search engine. Over 190,000 such rulings are in the database.

CBP Rulings: Revocations or Modifications

The following table summarizes proposals made or actions taken that were pub-lished in the weekly Customs Bulletin and Decisions during the past month by USCustoms 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

Revoked (R)

Old Classifi-cation or Po-

sition New Ruling

New Classification or Position

Comments Due (C) or Effective

Date (E)

Proposed Revocations/modifications

None

Revocations/Modifications

(A) 02-20-19

Tariff classification of cer-tain knit stretch briefs

NY A89600 M

9817.00.96 specially de-signed or adapted for the use or benefit of handicapped persons

HQ H297341

6108.22.90Not specially designed or adapted for the use or benefit of handicapped persons

(E) 04-22-19

Tariff classification of deco-rative bridal accessories.

NY H84824NY E80988

RR

7116.20.40 HQ H2934696702.90.65 [GRI 1, 6; EN 67.02]

Tariff classification of a smartphone accessory consisting of a keyboard, LCD and trackpad

NY N282589 R 8543.70.99 HQ H2866668453.70.60 [GRI 1, 6; EN 85.43]

Tariff classification of deco-rative wooden nutcrackers.

NY I82063 NY I82064

M

9505.10.15(human)4420.10.00(non-human)

HQ H1433954420.10.00 [GRI 1, 3(b); 6; Chap 44 N.1(p); Chap. 95 N.1(w); EN 44.20]

Tariff classification of a NY N288630 R 6110.30.3053 HQ H296342 6101.30.2010

Baker McKenzie


Published in CBP Bulletin (P) Proposed

(A) Action

Product(s) or Issue(s) Ruling(s) to be Modified (M) or

Revoked (R)

Old Classifi-cation or Po-

sition New Ruling

New Classification or Position

Comments Due (C) or Effective

Date (E)

men’s�jacket

Country of origin of solar panels

NY N227976 M China HQ H298653

Germany (where poly-crystalline solar cells are manufactured) - no substatial transformation in China

European Classification Regulations

The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.

Commission Implementing

RegulationDescription of the goods

Classification (CN code)

Reasons

(EU) 2019/321of 18-02-19

A circular article with a diameter of approxi-mately 500 mm and a weight of approxi-mately 23 kg. It is made of spheroidal graphite cast iron (ductile iron, EN-GJS-500-7). The article is painted with black bitu-men for protection against corrosion.

The article is certified according to EN 124 standard (gully tops and manhole tops for vehicular and pedestrian areas) and it is used as a sewer cover (for example, for rainwater sewers).

See image, which is purely for information

7325 99 90 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and by the wording of CN codes 7325, 7325 99 and 7325 99 90 .

Classification of the article under CN code 7325 10 00 as other cast articles of non-malleable cast iron is excluded as non-malleable cast iron is not deformable under compressive stress, while spheroidal cast iron is deformable under tensile stress and also under compressive stress to a certain degree. Therefore spheroidal graphite cast iron as such cannot be considered non-mal-leable iron (see, by analogy, judgment of 12 July 2018, Profit Europe, Joined Cases C-397/17 and C-398/17, EU:C:2018:564).

Classification of the article under CN code 7325 99 10 as other cast articles of malleable iron is also excluded as spheroidal graphite cast iron and malleable cast iron differ in terms of their composition and method of their production. Even if spheroidal graphite cast iron has charac-teristics similar to those of malleable cast iron (EN-GJM), none the less it constitutes a separate category (EN-GJS) (see, by analogy, judgment of 12 July 2018, Profit Europe, Joined Cases C-397/17 and C-398/17).

The article is therefore to be classified under CN code�7325�99�90�as�‘other�cast�articles�of�other�iron’.

Section 337 Actions

In the United States, section 337 of the Tariff Act of 1930 as amended (19 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

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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–944Certain Network Devices, Related Software and Components Thereof (I)

[MODIFICATION PROCEEDING] Notice of a Commission Determination Not To Suspend or Modify the Remedial Orders; Termination of the Modification Proceeding

337–TA–1063Certain X-Ray Breast Imaging Devices and Components Thereof

Notice of Commission Decision To Terminate the Investigation Based on Settlement; Termination of the Investigation

337–TA–1073Certain Thermoplastic-Encapsulated Elec-tric Motors, Components Thereof, and Products and Vehicles Containing Same II

Notice of Commission Determination To Review a Final Initial De-termination in Its Entirety; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date

337–TA–1074

Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hard-ware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies

Notice of Commission Determination to Extend the Target Date

337–TA–1087

Certain Batteries and Electrochemical De-vices Containing Composite Separators, Components Thereof, and Products Con-taining Same

Commission Determination Not to Review an Initial Determination Granting a Joint Motion to Terminate the Investigation Based Upon Settlement; Termination of the Investigation

337–TA–1114Certain Modular LED Display Panels and Components Thereof

Notice of Commission Determination Not to Review an Initial De-termination Terminating the Investigation in its Entirety; Termina-tion of Investigation

337–TA–1142 Certain Pocket LightersInstitution of an investigation based on a complaint filed on behalf of BIC Corporation alleging trademark infringement

337–TA–1143Certain Pickup Truck Folding Bed Cover Systems and Components Thereof

Institution of an investigation based on a complaint filed on behalf of Extang Corporation and Laurmark Enterprises, Inc. alleging pa-tent 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 filed on behalf of:

DN 3357 Certain Dental and Orthodontic Scanners and Software Align Technology, Inc.

DN 3358 Certain Integrated Circuits and Products Containing the Same(* amended complaint)

Tela Innovations, Inc.DN 3358*

DN 3359Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products Containing the Same

Medytox Inc., Allergan plc, and Allergan, Inc.

DN 3360Certain Taurine (2-Aminoethanesulfonic Acid), Methods of Pro-duction and Processes for Making the Same, and Products Con-taining the Same

Vitaworks IP, LLC; Vitaworks, LLC; and Dr. Songzhou Hu

DN 3361 Certain Blood Separation and Cell Preparation Devices RegenLab USA LLC

DN 3363Certain Semiconductor Devices, Integrated Circuits, and Con-sumer Products Containing the Same

Innovative Foundry Technologies LLC

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Antidumping, Countervailing Duty and Safeguards 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–570–0461-Hydroxyethylidene-1,1-Diphoshonic AcidFrom China

Rescission of 2016-2018 CVD Administrative Review

A–533–863Certain Corrosion-Resistant Steel Products From India

Preliminary Results of ADD Administrative Review; 2017-2018

C–570–076 Certain Plastic Decorative Ribbon From China Final Affirmative CVD Determination

A–570–075 Certain Plastic Decorative Ribbon From China Final Determination of Sales at LTFV

C–122–858Certain Softwood Lumber Products From Can-ada

Preliminary Results of CVD Expedited Review

A–570–979Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules From China

Notice of Court Decision Not in Harmony with Final Results of ADDAdministrative Review

A–570–896 Magnesium Metal From China Preliminary Results of ADD Administrative Review; 2017-2018

C–570–098C–533–886

Polyester Textured Yarn From India and ChinaPostponement of Preliminary Determinations in the CVD Investiga-tions

A–557–809Stainless Steel Butt-Weld Pipe Fittings From Malaysia

Final Results of ADD Administrative Review; 2017-2018

A–588–857 Welded Large Diameter Line Pipe From JapanFinal Results of the Expedited Third Sunset Review of the ADD Or-der

A–570–082 Steel Wheels From China Postponement of Final Determination of Sales at LTFV

C–570–074 Common Alloy Aluminum Sheet From China CVD Order

C–508–813 Magnesium From IsraelPostponement of Preliminary Determination in the CVD Investiga-tion

A–570–090Certain Steel Wheels 12 to 16.5 Inches in Di-ameter From China

Postponement of the Preliminary Determination in the LTFV Inves-tigation

A–570–848 Freshwater Crawfish Tail Meat From ChinaFinal Results of ADD Administrative Review and New Shipper Re-views; 2016–2017

A–570–073 Common Alloy Aluminum Sheet From China ADD Order

A–489–816Certain Oil Country Tubular Goods From Tur-key

Rescission of ADD Administrative Review; 2017–2018

C–533–844 Certain Lined Paper Products from India Rescission of CVD Administrative Review; 2017

C–570–0461-Hydroxyethylidene-1,1-Diphoshonic AcidFrom China

Notice of Correction to the Rescission of 2016-2017 CVD Adminis-trative Review

A–580–876 Welded Line Pipe From S. KoreaPreliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2016–2017

A–570–040 Truck and Bus Tires From China ADD Order

C–570–041 Truck and Bus Tires From China Amended Final Determination and CVD Order

A–570–831 Fresh Garlic From ChinaNotice of Court Decision Not in Harmony With Final Results of Ad-ministrative Review and Notice of Amended Final Results

A–580–874 Certain Steel Nails From S. Korea Final Results of ADD Administrative Review; 2016– 2017

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United States Department of Commerce, International Trade Administration (ITA)

Case�№ Merchandise/Country Action

A–489–822 Welded Line Pipe From TurkeyNotice of Court Decision Not in Harmony With the Final Determina-tion in the LTFV Investigation and Notice of Amended Final Deter-mination and Amended ADD Order

A–570–069 C–570–070

Rubber Bands From China AD and CVD Orders

A–821–809Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products From Russia

Preliminary Results of ADD Administrative Review; 2016–2017

A–570–912Certain New Pneumatic Off-The-Road TiresFrom China

2013- 2014: Notice of Court Decision Not in Harmony with Final Results of Administrative Review and Notice of Amended Final Re-sults of ADD Administrative Review

A–475–818 Certain Pasta From Italy Notice of Partial Rescission of ADD Administrative Review

A–570–898 Chlorinated Isocyanurates From China Final Results of ADD Administrative Review; 2016-2017

C–570–980Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China

Preliminary Results of CVD Administrative Review and Intent to Rescind the Review, in Part; 2016

A–520–807Circular Welded Carbon-Quality Steel Pipe from the United Arab Emirates

Preliminary Results of ADD Administrative Review; 2016-2017

C–570–091Certain Steel Wheels 12 to 16.5 Inches in Di-ameter From China

Preliminary Affirmative CVD Determination

A–583–856Certain Corrosion-Resistant Steel Products From Taiwan

Amended Final Results of ADD Administrative Review; 2016–2017

A–583–856Corrosion-Resistant Steel Products From Tai-wan

Notice of Court Decision Not in Harmony with Final Determination of ADD Investigation and Notice of Amended Final Determination of Investigation

A–580–868 Large Residential Washers From S. Korea Final Results of ADD Administrative Review; 2017-2018

A–570–601Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From China

Final Results of ADD Administrative Review; 2016-2017

A–428–844Carbon and Alloy Steel Cut-to-Length PlateFrom Germany

Preliminary Results and Partial Rescission of the ADD Administra-tive Review; 2016-2018

A–583–854 Certain Steel Nails From Taiwan Partial Rescission of ADD Administrative Review; 2017-2018

C–580–898 Large Diameter Welded Pipe From S. Korea Final Affirmative CVD Determination

C–489–834 Large Diameter Welded Pipe From Turkey Final Affirmative CVD Determination

A–122–863 Large Diameter Welded Pipe From Canada Final Affirmative Determination of Sales at LTFV

A–484–803 Large Diameter Welded Pipe From Greece Final Affirmative Determination of Sales at LTFV

A–580–897 Large Diameter Welded Pipe From S. Korea Final Affirmative Determination of Sales at LTFV

A–489–833 Large Diameter Welded Pipe From Turkey Final Affirmative Determination of Sales at LTFV

C–570–080 Cast Iron Soil Pipe From China Final Affirmative CVD Determination

A–570–079 Cast Iron Soil Pipe From China Final Affirmative Determination of Sales at LTFV

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–591731–TA–1399

Common Alloy Aluminum Sheet from China

[FINAL] Determinations: an industry in the US is materially injured by reason of imports that have been found by Commerce to be sold in the United States at LTFV, and to be subsidized by the government of China

701–TA–593, 594731–TA–1402, 1404

Large Diameter Welded Pipe from China and India

[FINAL] Determinations: an industry in the US is materially injured by reason of imports (other than stainless) provided for in subheadings 7305.11.10, 7305.11.50, 7305.12.10, 7305.12.50, 7305.19.10, and 7305.19.50 that have been found by Commerce to be sold in the

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United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

US at LTFV, and to be subsidized by the government of India; that an industry in the US is threatened with material injury by reason of LTFV imports (other than stainless) from China; the USITC termi-nates the CVD investigation from China; an industry in the US is materially injured by reason of LTFV imports (other than stainless)provided for in subheadings 7305.31.40, 7305.31.60, 7305.39.10, and 7305.39.50 and subsidized by China; USITC terminates the ADand CVD investigations on imports from India. USITC determines that an industry in the US is not materially injured or threatened with material injury by reason of imports of stainless steel large diameter welded pipe from China and India.

701–TA–597731–TA–1407

Cast Iron Soil Pipe From China[FINAL] Revised scheduling of the final phase of countervailing duty and antidumping duty investigations

701–TA–481 731–TA–1190

Crystalline Silicon Photovoltaic Cells and Modules From China

[REVIEW] Revised Schedule for Full Five-Year Reviews

701–TA–450731–TA–1122

Laminated Woven Sacks From China

[SECOND REVIEW] Institution of Five-Year Reviews

731–TA–749 Persulfates From China [FOURTH REVIEW] Institution of a Review

731–TA–1123Steel Wire Garment Hangers From China

[SECOND REVIEW] Institution of a Five-Year Review

701–TA–488731– TA–1199–1200

Certain Large Residential Washers From Korea and Mexico


701–TA–592731– TA–1400

Plastic Decorative Ribbon From China

[FINAL] Revised Schedule for Final Phase Investigations

701–TA–486731– TA–1195–1196

Utility Scale Wind Towers From China and Vietnam


701–TA–615–617 731–TA–1432–1434

Fabricated Structural Steel From Canada, China, and Mexico

[PRELIMINARY] Institution of AD and CVD Investigations and Sched-uling of Preliminary Phase Investigations

701–TA–603-605 731–TA–1413-1415

Glycine from China, India, Japan, and Thailand

[FINAL] Revised Schedule for Final Phase of Investigations.

701–TA–601731–TA–1411

Laminated Woven Sacks from Vi-etnam

[FINAL] Revised Schedule of the Final Phase of CVD and ADD In-vestigations

701–TA–606731–TA–1416

Quartz Surface Products from China[FINAL] Revised Schedule of the Final Phase of CVD and ADD In-vestigations

701–TA–602731–TA–1412

Steel Wheels from China[FINAL] Revised Schedule of the Final Phase of CVD and ADD In-vestigations

701–TA–598 731–TA–1408

Rubber Bands from China

[FINAL] Determinations that an industry in the United States is mate-rially injured by reason of imports that have been found by the Com-merce to be sold in the United States at LTFV, and to be subsidized by the government of China

701–TA–365-366 731–TA–734-735

Pasta from Italy and Turkey [FOURTH REVIEW] Scheduling of Expedited Five-Year Reviews

701–TA–556731–TA–1311

Truck and Bus Tires From China

[FINAL] [REMAND] Determinations that an industry in the United States is materially injured that have been found by Commerce to be sold in the United States a tLTFV and to be subsidized by the Government of China

701–TA–618-619 731–TA–1441-1444

Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand;

[PRELIMINARY] Institution of AD and CVD Investigations and Sched-uling of Preliminary Phase Investigations

731–TA–1435-1440Acetone From Belgium, Korea, Saudi Arabia, Singapore, South Af-rica, and Spain

[PRELIMINARY] Institution of AD Investigations and Scheduling of Preliminary Phase Investigations

731–TA–747 Fresh Tomatoes From Mexico [FOURTH REVIEW] Revised schedule for full five-year review

Baker McKenzie


Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

NQ-2018-001Certain Sucker Rods originating in or exported from China

Finding that dumping and subsidizing of subject goods have caused injury; reasons issued

NQ-2018-004

Certain corrosion-resistant flat-rolled steel sheet products of carbon steel originating in or exported from China, Chinese Taipei, India and S. Korea

Finding that dumping has not caused injury but is threatening to cause injury to the domestic industry

NQ-2018-002

Dumping and Subsidizing: Certain cold-re-duced flat-rolled sheet products of carbon steel (alloy and non-alloy) originating in or ex-ported from China, Vietnam or S. Korea

Finding that dumping and subsidizing of the subject goods have caused injury to the domestic industry; reasons issued

NQ-2018-003

Certain carbon steel welded pipe, commonly identified as standard pipe, originating in or exported from Pakistan, the Philippines, Tur-key and the Vietnam

Finding that dumping of the subject goods has caused injury to the domestic industry

Canada Border Services Agency (CBSA)


COR 2018 IN

Corrosion-Resistant Steel Sheet from China, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), India and South Korea

Statement of Reasons concerning an expiry review determination

UWM 2018 ERCertain Unitized Wall Modules originating in or ex-ported from China

Statement of Reasons concerning an expiry review determination

OCTG2 2018 UP HLD CLARK

Certain Oil Country Tubular Goods (OCTG) ex-ported from the Philippines

Notice of Conclusion of Normal Value Review

AE 2018 SP Certain Aluminum Extrusions from China Notice of Scope Ruling

AE 2018 SP Certain Aluminum ExtrusionsNotice of Scope Ruling - Statement of reasons - alu-minum Brackets included with unassembled Base Transceiver Station (BTS) Systems

NAFTA Panels

Case Number Merchandise/Country Action

USA-CDA-2018-1904-05Certain Uncoated Groundwood Paper From Canada

Notice of Completion of Panel Review of Final Deter-mination of Sales at LTFV

USA-CDA-2018-1904-06Certain Uncoated Groundwood Paper From Canada

Notice of Completion of Panel Review of Final Affirma-tive CVD Determination

USA-CDA-2018-1904-07Uncoated Groundwood Paper From Canada

Notice of Completion of Panel Review of Injury Deter-mination

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

No cases reported

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European Union

Reference Merchandise/Country Action

(EU) 2019/159 Certain Steel Products (26 categories) Imposition of definitive safeguard measures (tariff rate quota)

2019/C 53/03Ammonium nitrate originating in or ex-ported from Russia

Notice of the impending expiry of certain anti-dumping measures(ADD). Date of expiry 25-09-2019

(EU) 2019/244 Biodiesel originating in Argentina Commission Implementing Regulation imposing definitive CVD

(EU) 2019/245 Biodiesel originating in Argentina Commission Implementing Decision accepting undertaking offers

(EU) 2019/251Certain seamless pipes and tubes of iron or steel originating in China

Commission Implementing Regulation concerning the definitive ADD imposed on imports from Hubei Xinyegang Steel Co., Ltd and amending Implementing Regulation imposing a definitive ADD on imports

2019/C 58/11Sodium cyclamate originating in China and Indonesia

Notice concerning the AD measures in force; change of address of a company subject to an individual duty rate

(EU) 2019/261Certain cast iron articles originating in China

Commission Implementing Regulation amending Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty and terminating the investigation on imports of certain cast iron articles originating in India

(EU) 2019/262Threaded tube or pipe cast fittings, of mal-leable cast iron, originating in China and Thailand

Commission Implementing Regulation amending Council Imple-menting Regulation imposing a definitive ADD and collecting de-finitively the provisional duty imposed and terminating the pro-ceeding with regard to Indonesia

(EU) 2019/266 Solar glass originating in MalaysiaCommission Implementing Decision terminating the AD proceed-ing

2019/C 60/07 Steel road wheels originating in China Notice of initiation of an AD proceeding

(EU) 2019/297 Chamois leather originating in China Commission Implementing Regulation imposing a definitive ADD following an expiry review

2019/C 68/08

Electrolytic manganese dioxides (i.e. man-ganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process from South Africa

Notice of the expiry of certain anti-dumping measures on 01-03-19

2019/C 68/09Certain woven and/or stitched glass fibre fabrics originating in China and Egypt

Notice of initiation of an AD proceeding

Australian Anti-Dumping Commission

Ref. № Merchandise/Country/Case # Action

2019/08 Pineapple Fruit (FSI) from Thailand #477 Findings in Relation to a Revocation of Measures2019/09 Pineapple Fruit (Consumer) from Thailand #478 Findings in Relation to a Review of Measures2019/11 Rod in Coils from China #468 Findings in relation to a review of Anti-Dumping Measures

2019/16 Steel Pallet Racking from China, Malaysia #441Extension of time to provide Final Report to the Minister - Issues Paper

2019/18A4 Copy Paper from Austria, Finland, Korea, Russia, Slovakia #463

Extension of time to provide Final Report to the Minister

2019/20Power Transformers from Indonesia, Taiwan, Thailand #504

Initiation of a continuation inquiry

2019/21Hot Rolled Structural Steel Sections from Japan, Korea, Taiwan, Thailand #505


2019/22Quenched and Tempered Steel from Finland, Ja-pan, Sweden #506


2019/23 Various Monthly Status Report - January

2019/24 Aluminium Extrusions from Malaysia #490/494Extension of time to issue the Statement of Essential Facts and Fi-nal Report

2019/25 PVC Flat Electric Cables from China #469 Amendment of Securities

Baker McKenzie


Australian Anti-Dumping Commission

Ref. № Merchandise/Country/Case # Action

2019/26 Solid Base Angle from China #501 Initiation of an Investigation

2019/29Ammonium Nitrate from China, Thailand, Swe-den#473

Amendment of Securities

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

Ann. 4, 2019 Potato Starch Originating in the European Union Final Review of the AD Measures

Ann. 6, 2019 White feather broiler products originating in Brazil Final ruling on the AD investigation

Government of India Ministry of Finance (Department of Revenue)

Notification�№ Merchandise/Country Action

07/2019-Cus (ADD)07-02-19

Non-Plasticized Industrial Grade Nitrocellulose Damped in Isopropyl Alcohol having Nitrogen con-tent in range of 10.7% to 12.2% originating in or ex-ported from Brazil, Indonesia and Thailand

Definitive Anti-dumping Duty imposed for a period of 5 years

08/2019-Cus (ADD)12-02-19 Cold Rolled Flat Products of Stainless Steel originat-

ing in or exported from China PR, Korea, European Union, South Africa, Chinese Taipei, Thailand and the United States of America

Notification No. 61/2015-Cus (ADD) dated 11 De-cember, 2015 levying Anti-dumping Duty amended to incorporate change in name of exporter

09/2019-Cus (ADD)12-02-19

Notification No. 52/2017-Cus (ADD) dated 24 Oc-tober, 2017 levying Anti-dumping Duty in pursu-ance of Anti-circumvention investigation amended to incorporate change in name of exporter

10/2019-Cus (ADD)12-02-19

High Tenacity Polyester Yarn originating in or ex-ported from China PR

Notification No. 35/2018-Cus (ADD) dated 9 July, 2018 levying Anti-dumping Duty amended to incor-porate change in name of exporters

11/2019-Cus (ADD)12-02-19

Peroxosulphates (Persulphates) originating in or ex-ported from China PR and Japan

Notification No. 11/2013-Cus (ADD) dated 16 May, 2013 levying Anti-dumping Duty rescinded

12/2019-Cus (ADD)26-02-19

Textured Tempered Coated and Uncoated Glass with minimum of 90.5% transmission having thick-ness not exceeding 4.2 mm (including tolerance of 0.2 mm) and where at least one dimension exceeds 1500 mm, whether coated or uncoated originating in or exported from Malaysia

Definitive Anti-dumping Duty imposed for a period of 5 years

Government of India Ministry of Commerce and Industry (Department of Commerce)

File�№�and�Date Merchandise/Country Action

ORAL HEARINGS

6/21/2018-DGTR04-02-19

Fluoroelastomers originating in or exported from China PR

Cancels oral hearing in Anti-subsidy Investigation

6/19/2018-DGAD05-02-19 Atrazine Technical originating in or exported from

China PR

Reschedules oral hearing on 8 February, 2019 in Anti-subsidy Investigation

6/19/2018-DGAD07-02-19

Reschedules oral hearing on 15 February, 2019 in Anti-subsidy Investigation

Baker McKenzie


Government of India Ministry of Commerce and Industry (Department of Commerce)

File�№�and�Date Merchandise/Country Action

7/8/2018-DGAD08-02-19

New/ Unused Pneumatic Radial Tyres originating in or exported from China PR

Schedules oral hearing on 13 February, 2019 in New Shipper Review Investigation

FINAL FINDINGS

06/9/2018-DGAD21-02-19

Ethylene Vinyl Acetate Sheet for Solar Module origi-nating in or exported from China PR, Malaysia, SaudiArabia, South Korea and Thailand

Final Findings issued in Anti-dumping Investigation

OTHERS

6/21/2018-DGTR05-02-19

Fluoroelastomers originating in or exported from China PR

Terminates Anti-subsidy Investigation

7/09/2017-DGAD08-02-19

Jute Products viz – Jute Yarn/ Twine (multiple folded/cabled and single), Hessian Fabric and Jute Sacking Bags originating in or exported from Bangla-desh

Timelines specified to complete New Shipper Re-view Investigations

7/44/2018-DGTR15-02-19

Electrical Insulators originating in or exported from China PR

Time for filing questionnaire response in SunsetReview Investigation extended until 11 March, 2019

7/38/2018-DGTR19-02-19

Saturated Fatty Alcohols originating in or exported from Indonesia, Malaysia, Thailand and Saudi Arabia

Time for filing questionnaire response in New Ship-per Review Investigation extended until 8 March,2019

Argentina Ministry of Production – Secretary of Foreign Trade


Res. 7/2019 (RE-SOL-2019-7-APN-SCE # MPYT)

Mixtures containing tetrafluoroethane and pentafluoroethane and mixtures containing difluoromethane and pentafluoroethane, originating in China

Initiation of AD investigation


Certain aluminum sheets without alloys or alloys of aluminum of the 3xxx Series ac-cording to the IRAM 681 standard originat-ing in China

Initiation of AD investigation


Sunglasses, frames for eyeglasses and glasses (eyeglasses) corrective or pre-grad-uated, originating in China

Closing non-preferential verification of origin for goods de-clared from Taiwan – Taiwan confirmed


Sunglasses, frames for eyeglasses and glasses (eyeglasses) corrective or pre-grad-uated, originating in China

Closing non-preferential verification of origin for goods de-clared from Taiwan – Taiwan confirmed

Brazil Ministry of Development, Industry and Trade


SECEX�Cir.�№�4Tableware originating in Argentina, China and Indonesia.

Starts anti-dumping duty assessment

SECEX�Cir.�№�5Whole or skimmed-milk powder origi-nating in EU and New Zealand

Closes the review of the anti-dumping measure without extensionof that measure, since there was no evidence of a likelihood of a continuation of dumping

SECEX�Cir.�№�6 VariousDiscloses deadlines for end-of-period reviews of AD measures in progress in DECOM.

SECEX�Cir.�№�7 VariousDiscloses deadlines for end-of-period reviews of AD measures in progress in DECOM.

Baker McKenzie


Brazil Ministry of Development, Industry and Trade


SECEX�Cir.�№�8

Flat rolled products of 304 austenitic stainless steels (304, 304L and 304H) and type 430 cold rolled ferritic steels of equal thickness or more than 0,35 mm but less than 4,75 mm originating in Germany, China, South Korea, Finland, Chinese Taipei and Vietnam

Extends the deadline for the conclusion of the end-of-period re-view of the ADD; In addition, it makes public the deadlines that will serve as parameters for the remainder of said review.

SECEX�Cir.�№�9New bicycle rubber tires, except special tires produced with kevlar or hiten, origi-nating in China, India and Vietnam

Extends the deadline for the conclusion of the end-of-period re-view of the ADD

SECEX�Cir.�№�10“Thick plates”, originating in South Af-rica, South Korea, China and Ukraine

Extends the deadline for the end-of-period review of ADD; In addi-tion, it makes public the deadlines that will serve as parameters for the remainder of said review

SECEX�Cir.�№�11PET film, originating in Bahrain and Peru

To extend the time limit for completing the investigation of dump-ing, injury to domestic industry and causal link between them

SECEX�Cir.�№�12Tableware originating in Argentina, China and Indonesia

Starts ADD assessment

SECEX�Cir.�№�13Citric acid, sodium citrate, potassium citrate, calcium citrate and mixtures thereof

Announces the update of the price commitment for goods manu-factured by COFCO Biochemical (Anhui) , COFCO Biochemical (Maanshan) Co. Ltd. and RZBC (Juxian) Co. Ltd. and exported to Brazil directly or via trading company RZBC Import & Export Co. Ltd.

Baker McKenzie


Opportunity to Request Administrative Review

In a February 8, 2019 Federal Register notice, the US Department of Commerce announced that it will receive requests to conduct administrative reviews of vari-ous antidumping (AD) and countervailing duty (CVD) orders and findings with January and February anniversary dates. In addition, in the notice of opportunity to request administrative reviews that was published on December 3, 2018 (83 Fed. Reg. 62293) Commerce listed the incorrect period of review for the CVD Sugar from Mexico case. The correct period of review is listed in this notice:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty ProceedingsJanuary 2019

Belarus: Carbon and Alloy Steel Wire Rod A–822–806 9/12/17–12/31/18Brazil: Prestressed Concrete Steel Wire Strand A–351–837 1/1/18–12/31/18Canada: Softwood Lumber A–122–857 6/30/17–12/31/18India: Prestressed Concrete Steel Wire Strand A–533–828 1/1/18–12/31/18Mexico: Prestressed Concrete Steel Wire Strand A–201–831 1/1/18–12/31/18S. Korea: Prestressed Concrete Steel Wire Strand A–580–852 1/1/18–12/31/18RUSSIA: Carbon and Alloy Steel Wire Rod A–821–824 9/12/17–12/31/18South Africa: Ferrovanadium A–791–815 1/1/18–12/31/18Thailand: Prestressed Concrete Steel Wire Strand A–549–820 1/1/18–12/31/18The PR of China: Calcium Hypochlorite A–570–008 1/1/18–12/31/18

Carbon and Certain Alloy Steel Wire Rod A–570–012 1/1/18–12/31/18Crepe Paper Products, A–570–895 1/1/18–12/31/18Ferrovanadium A–570–873 1/1/18–12/31/18Folding Gift Boxes A–570–866 1/1/18–12/31/18Hardwood Plywood Products A–570–051 6/23/17–12/31/18Potassium Permanganate A–570–001 1/1/18–12/31/18Wooden Bedroom Furniture A–570–890 1/1/18–12/31/18

United Arab Emirates: Carbon and Alloy Steel Wire Rod A–520–808 9/12/17–12/31/18

Antidumping Duty Proceedings for February 2019Brazil: Carbon and Alloy Steel Cut-to-Length Plate A–351–847 2/1/18–1/31/19France: Uranium A–427–818 2/1/18–1/31/19India: Certain Cut-To-Length Carbon-Quality Steel Plate A–533–817 2/1/18–1/31/19

Certain Preserved Mushrooms A–533–813 2/1/18–1/31/19Frozen Warmwater Shrimp A–533–840 2/1/18–1/31/19Stainless Steel Bar A–533–810 2/1/18–1/31/19

Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate A–560–805 2/1/18–1/31/19

Certain Preserved Mushrooms A–560–802 2/1/18–1/31/19Italy: Stainless Steel Butt-Weld Pipe Fittings A–475–828 2/1/18–1/31/19Japan: Carbon Steel Butt-Weld Pipe Fittings A–588–602 2/1/18–1/31/19

Stainless Steel Bar A–588–833 2/1/18–1/31/19Malaysia: Stainless Steel Butt-Weld Pipe Fittings A–557–809 2/1/18–1/31/19Mexico: Large Residential Washers A–201–842 2/1/18–1/31/19Philippines: Stainless Steel Butt-Weld Pipe Fittings A–565–801 2/1/18–1/31/19S. Korea: Certain Cut-To-Length Carbon-Quality

Steel Plate A–580–836 2/1/18–1/31/19Large Residential Washers A–580–868 2/1/18–1/31/19

SR of Vietnam: Frozen Warmwater Shrimp A–552–802 2/1/18–1/31/19Steel Wire Garment Hangers A–552–812 2/1/18–1/31/19Utility Scale Wind Towers A–552–814 2/1/18–1/31/19

South Africa: Carbon and Alloy Steel Cut-To-Length Plate A–791–822 2/1/18–1/31/19

Taiwan: Crystalline Silicon Photovoltaic Products A–583–853 2/1/18–1/31/19Thailand: Frozen Warmwater Shrimp A–549–822 2/1/18–1/31/19The PR of China: Certain Preserved Mushrooms A–570–851 2/1/18–1/31/19

Crystalline Silicon Photovoltaic Products A–570–010 2/1/18–1/31/19Frozen Warmwater Shrimp A–570–893 2/1/18–1/31/19

Editor, International Trade Compliance Update

Stuart P. SeidelWashington, D.C.+1 202 452 7088stuart.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



Heavy Forged Hand Tools, With or Without Handles A–570–803 2/1/18–1/31/19Large Residential Washers A–570–033 2/1/18–1/31/19Small Diameter Graphite Electrodes A–570–929 2/1/18–1/31/19Uncovered Innerspring Units A–570–928 2/1/18–1/31/19Utility Scale Wind Towers A–570–981 2/1/18–1/31/19

Turkey: Carbon and Alloy Steel Cut-To-Length Plate A–489–828 2/1/18–1/31/19

Countervailing Duty ProceedingsArgentina: Biodiesel C–357–821 8/28/17–12/31/18Canada: Softwood Lumber C–122–858 4/28/17–12/31/18Indonesia: Biodiesel C–560–831 8/28/17–12/31/18The PR of China: Calcium Hypochlorite C–570–009 1/1/18–12/31/18

Carbon and Certain Alloy Steel Wire Rod C–570–013 1/1/18–12/31/18Circular Welded Carbon Quality Steel Line Pipe C–570–936 1/1/18–12/31/18Hardwood Plywood Products C–570–052 4/25/17–12/31/18Oil Country Tubular Goods C–570–944 1/1/18–12/31/18Tool Chests and Cabinets C–570–057 9/15/17–12/31/18

FebruaryIndia: Certain Cut-To-Length Carbon-Quality Steel Plate C–533–818 1/1/18–12/31/18

Prestressed Concrete Steel Wire Strand C–533–829 1/1/18–12/31/18 Cold-Drawn Mechanical Tubing C–533–874 9/25/17–12/31/18

Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate C–560–806 1/1/18–12/31/18

S. Korea: Certain Cut-To-Length Carbon-Quality Steel Plate C–580–837 1/1/18–12/31/18

Large Residential Washers C–580–869 1/1/18–12/31/18 SR of Vietnam: Steel Wire Garment Hangers C–552–813 1/1/18–12/31/18 The PR of China: Cold-Drawn Mechanical Tubing C–570–059 9/25/17–12/31/18

Crystalline Silicon Photovoltaic Products C–570–011 1/1/18–12/31/18 Utility Scale Wind Towers C–570–982 1/1/18–12/31/18

Suspension Agreements for DecemberMexico: Sugar C–201–846 1/1/18–12/31/18

Suspension Agreements for January 2019Russia: Certain Cut-To-Length Carbon Steel Plate A–821–808 1/1/18–12/31/18

Requested Reviews

In a February 6, 2019 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 Novem-ber anniversary dates. See actual notices for companies requesting review:


Antidumping Duty ProceedingsIndia: Welded Stainless Pressure Pipe A-533-867 11/1/17 - 10/31/18Indonesia: Monosodium Glumate A-560-826 11/1/17 - 10/31/18Mexico: Circular Welded Non-Alloy Steel Pipe A-201-805 11/1/17 - 10/31/18

Seamless Refined Copper Pipe and Tube A-201-838 11/1/17 - 10/31/18Steel Concrete Reinforcing Bar A-201-844 11/1/17 - 10/31/18

S. Korea: Certain Circular Welded Non-Alloy Steel Pipe A-580-809 11/1/17 - 10/31/18Taiwan: Certain Circular Welded Non-Alloy Steel Pipe A-583-814 11/1/17 - 10/31/18

Certain Hot-Rolled Carbon Steel Flat Products A-583-835 11/1/17 - 10/31/18Thailand: Certain Hot-Rolled Carbon Steel Flat Products A-549-817 11/1/17 - 10/31/18The PR of China: Certain Steel Nails A-570-958 8/1/17 - 7/31/18

1-Hydroxyethylidene-1,1-Diphoshonic Acid (HEDP) 6 A-570-045 11/4/2016-4/30/2018Certain Hot-Rolled Carbon Steel Flat Products A-570-865 11/1/17 - 10/31/18Certain Coated Paper Suitable for High-Quality Print

Graphics Using Sheet-Fed Pressess A-570-958 11/1/17 - 10/31/18Diamond Sawblades and Parts Thereof A-570-900 11/1/17 - 10/31/18

Baker McKenzie



Fresh Garlic A-570-831 11/1/17 - 10/31/18Monosodium Glutamate A-570-992 11/1/17 - 10/31/18Seamless Refined Copper Pipe and Tube A-570-964 11/1/17 - 10/31/18

United Arab Emirates: Polyethylene Terephthalate (Pet) Film A-520-803 11/1/17 - 10/31/18

Countervailing Duty ProceedingsIndia: Welded Stainless Pressure Pipe C-533-868 1/1/17 - 12/31/17The PR of China: Chlorinated Isocyanurates C-570-991 1/1/17- 12/31/17

Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Pressess C-570-959 1/1/17 - 12/31/17

Turkey: Steel Concrete Reinforcing Bar C-489-819 1/1/17 - 12/31/17

Suspension AgreementsNone

Initiation of Sunset Reviews

In two February 5, 2019, Federal Register notices (here and here), the US Depart-ment of Commerce advised that it was automatically initiating a five-year (“Sun-set”) review of the antidumping and countervailing duty orders listed below.

AD/CVD DOC Case

No.ITC Case No. Country Merchandise

A-570-916 731-TA-1122 China Laminated Woven Sacks (2nd) C-570-917 701-TA-450 China Laminated Woven Sacks (2nd) A-570-847 731-TA-749 China Persulfates (4th) A-570-918 731-TA-1123 China Steel Wire Garment Hangers (2nd)

In a February 5, 2019, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the an-tidumping and countervailing duty orders listed below.

AD/CVD DOC Case

No.ITC Case No. Country Merchandise (Review)

A-570-865 731-TA-899 China Certain Hot-Rolled Carbon Steel Flat Products (3rd)A-570-912 731-TA-1117 China New Pneumatic Off-The Road Tires (2nd) C-570-913 C-570-913* China New Pneumatic Off-The Road Tires (2nd) A-570-875 731-TA-990 China Non-Malleable Cast Iron Pipe Fitting (3rd) A-570-922 731-TA-1129 China Raw Flexible Magnets (2nd)C-570-923 701-TA-452 China Raw Flexible Magnets (2nd)A-570-925 731-TA-1136 China Sodium Nitrite (2nd)C-570-926 701-TA-453 China Sodium Nitrite (2nd)A-428-841 731-TA-1137 Germany Sodium Nitrite (2nd)A-533-820 731-TA-900 India Certain Hot-Rolled Carbon Steel Flat Products (3rd)C-533-821 701-TA-405 India Certain Hot-Rolled Carbon Steel Flat Products (3rd)A-560-812 731-TA-901 Indonesia Certain Hot-Rolled Carbon Steel Flat Products (3rd)C-560-813 701-TA-406 Indonesia Certain Hot-Rolled Carbon Steel Flat Products (3rd)A-583-835 731-TA-906 Taiwan Certain Hot-Rolled Carbon Steel Flat Products (3rd)A-583-842 731-TA-1130 Taiwan Raw Flexible Magnets (2nd) A-549-817 731-TA-907 Thailand Certain Hot-Rolled Carbon Steel Flat Products (3rd)C-549-818 701-TA-408 Thailand Certain Hot-Rolled Carbon Steel Flat Products (3rd)A-823-811 731-TA-908 Ukraine Certain Hot-Rolled Carbon Steel Flat Products (3rd)

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