International Trade Compliance
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter
December 2016 | Update
www.internationaltradecomplianceupdate.com
Note: Unless otherwise indicated, all information below is taken from official websites, newsletters or press releases of international organizations (WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, Customs Unions or government agencies. The specific source may usually 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 - Central America
The Americas - North America
The Americas - South America
Asia-Pacific
Europe and Middle East
Africa
Trade compliance enforcement actions import, export, IPR, FCPA
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
CBSA Advance Rulings
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifications
European Classification Regulations
Amendments to the CN Explanatory Notes
Section 337 Actions
Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews
Editor of International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowledgements on the last page
We are very pleased to announce our 14th annual, Global Trade and Supply Chain Webinar Series entitled, "2017: Beginning of a New Era in Global Trade and Business?". The series will include the latest international trade developments including the impact of the Trump presidency on trade policy and of Brexit. In addition to our usual topics of Customs, export controls/sanctions and FCPA/anti-bribery, we will also cover data privacy and intellectual property in the supply chain.
This year, we are very excited to expand our usual program to launch our Customs Academy, which will feature 6 "Customs 101" webinars (highlighted in green). The Customs 101 program will be primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions.
Terrie Gleason, a partner in our Washington, DC office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, Of Counsel in the London office, 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.
Webinar Start Time: 08:00 AM (Pacific) 10:00 AM (Central) 11:00 AM (Eastern) *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.
Focus Group Head: Teresa A. Gleason Head, Global Customs Focus Group (Washington, DC) Tel: +1 202 452 7030 [email protected]
These webinars area all complimentary.
Questions: If you have any questions regarding this webinar series, please contact:
Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]
Baker & McKenzie
Upcoming Webinar Dates and Topics:
January 31
Major Customs Developments in North America and Asia
Speakers: Stu Seidel (Washington, DC), Brian Cacic (Toronto), Eugene Lim (Singapore), and Adriana Ibarra-Fernandez (Mexico City)
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.
February 28
Customs Basic: How to Classify Your Products
Speakers: Jess Mutton (London), Jose Hoyos-Robles (Mexico City), and Eunkyung Shin (Chicago)
March 28
New Era of Protectionism? Trump Presidency and Brexit Developments
Speakers: Terrie Gleason and Stu Seidel (Washington DC), and Jenny Revis (London)
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
April 25
Customs Basic: How to Value Your Products
Speakers: Nicole Looks (Frankfurt), Eugene Lim (Singapore), Paul Burns (Toronto), and Daniel Sanchez-Elizondo (Guadalajara)
May 23
Impact on Sanctions: Trump Administration's Effects on US, EU, and Russian Sanctions
Speakers: Alexander Bychkov (Moscow), Ben Smith (London), Alex Lamy (Washington, DC) and Alison Stafford Powell (Palo Alto)
June 27
Customs Basic: Determining the Origin of Your Products
Speakers: Terrie Gleason (Washington, DC), Daniel Lund (London), and Adriana Ibarra-Fernandez (Mexico City)
July 25
Major Developments in Data Privacy Laws US, Canada and EU
Speakers: Brian Hengesbaugh (Chicago), Theo Ling (Toronto), Dean Dolan (Toronto), Dyann Heward-Mills (London), Michael Egan (Washington, DC)
Pending - We have applied for CES and CCS credit for these webinars to 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?
August 22
Customs Basic: Reducing your Duty Liability Through the Use of Customs Procedures
Speakers: Gooike van Slooten (Amsterdam), Paul Amberg (Chicago), Manuel Padron (Juarez), and Panya Sittisakonsin (Bangkok)
September 26
Intellectual Property Considerations and Issues in Your Supply Chain
Speakers: Joyce Smith (San Francisco) and Gary Shapiro (San Francisco)
October 24
Customs Basic: What You Need to Know about Customs in the EU, Russia and China
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Speakers: Mariacristina Scarpa. Giulia Bettarini (Milan), Alexander Brychov, Vladimir Efremov (Moscow), and Frank Pan (Shanghai)
November 28
Major Developments in FCPA/Anti-Bribery Regulation
Speakers: John McKenzie (San Francisco), Mini vandePol (Hong Kong), and Peter Tomczak (Chicago)
December 19
Customs Basic: What You Need to Know about Customs in the US, Mexico and Brazil
Speakers: Alejandro Martinez-Galindo (Guadalajara), Alessandra S. Machado (Sao Paulo), Meredith DeMent (Washington, DC), and Meghan Hamilton (Chicago)
To keep abreast of trade news, visit our blogs -
For International Trade Compliance Updates, please visit www.internationaltradecomplianceupdate.com regularly.
For additional articles and updates on trade sanctions and related subjects, please visit: http://sanctionsnews.bakermckenzie.com/ regularly.
For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/.
Baker and McKenzie has also established a blog for Brexit issues. Visit http://brexit.bakermckenzie.com/ often to see how the UK referendum on exiting the EU may affect your business.
For resources and news regarding the Trans-Pacific Partnership Agreement, please visit our TPP Global Resource Center at http://tpp.bakermckenzie.com/.
Please see our Webinars, Meetings, Seminars section for additional events and recorded presentations.
World Trade Organization (WTO)
Ecuador's import surcharge still under review as WTO members remain divided
On 29 November 2016, the WTO reported that most WTO members welcomed Ecuador's efforts to lower its import surcharge rates and reduce the number of tariff lines affected by this measure at a meeting of the Committee on Balance-ofPayments Restrictions on 29 November but they remain divided on whether the measure is in conformity with WTO rules. Consultations with Ecuador will resume in April 2017. Ecuador reaffirmed its intention to phase out the import surcharge completely by June 2017, a year later than originally agreed.
Chile, Swaziland, Dominica and Mongolia ratify TFA
On 21 November 2016, the WTO announced that Chile and Swaziland have ratified the Trade Facilitation Agreement (TFA), making them the 97th and 98th WTO members to do so. Their submission of the instruments of acceptance to the WTO on 21 November means that nearly 90 per cent of the ratifications needed to bring
3 International Trade Compliance Update December 2016
The International Trade Compliance Update is a publication of the Global Trade and Commerce Practice Group of Baker & McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker & McKenzie advises on all aspects of International Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar and dates-In keeping with the global nature of Baker & McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only.
Credits:
Baker & McKenzie
the TFA into force have now been received. The TFA will enter into force once two-thirds of the WTO membership has formally accepted the Agreement. The TFA contains provisions for expediting the movement, release and clearance of goods, including goods in transit. It also sets out measures for effective cooperation between customs and other appropriate authorities on trade facilitation and customs compliance issues. It further contains provisions for technical assistance and capacity building in this area.
On 29 November the WTO announced that Dominica and Mongolia have ratified the TFA, putting the total number of ratifications from members at 100. With just 10 more ratifications from members needed to bring the TFA into force, the final countdown begins for realizing a global deal that could boost global merchandise exports by up to $1 trillion per annum by slashing trade costs and cutting red tape at the border.
Majority of participants have now implemented ITA expansion commitments
On 1 November 2016, the WTO announced that a large majority of participants in the newly-expanded Information Technology Agreement (ITA) have now implemented their tariff commitments under the deal, with full implementation on track for the near future. To date, 18 of the 24 participants in the expanded ITA have now submitted modified tariff schedules and that others were on track to do so. The announcement said that:
The agreement received a major boost on 26 October 2016 when China submitted its ITA expansion commitments to WTO Director-General Roberto Azevdo for inclusion in its WTO schedule of concessions. China's commitments were ratified by the country's Standing Committee of the National People's Congress on 3 September 2016, and China started implementing its first tariff cuts on covered goods from 15 September 2016.
Canada [reporting on behalf of the ITA Expansion group to the WTO's ITA Committee] said it was also pleased to report that Macao, China, has initiated the process to join the expanded ITA and that it was currently working on its draft schedule. Other WTO members have expressed an interest in joining the expanded ITA in the near future, Canada said.
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
The expansion of the ITA, agreed at the Nairobi Ministerial Conference in December 2015, eliminates tariffs on products valued at over $1.3 trillion in annual trade. These are in addition to the products covered under the original ITA concluded in December 1996, which accounted for an estimated $1.6 trillion in global trade in 2013.
The expanded ITA was concluded by 24 participants representing 53 WTO members, but the benefits are being extended to all 164 WTO members, meaning they will all enjoy duty-free access to the markets of the members eliminating tariffs on these products.
The new deal provides for the elimination of import tariffs and other duties and charges on an additional 201 new-generation information and communication technology products either immediately or progressively over three years. By 2019, it is estimated that 95.4 per cent of participants' import duties on these products will be fully eliminated, with tariffs remaining on a small range of products to be completely removed by 2021 or 2023 at the latest.
Trade Policy Reviews: Sri Lanka, Guatemala
The fourth review of the trade policies and practices of Sri Lanka took place on 1 and 3 November 2016 2016. The basis for the review was a report by the WTO Secretariat and a report by the Government of Sri Lanka.
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The third review of the trade policies and practices of Guatemala took place on 16 and 18 November 2016. The basis for the review is a report by the WTO Secretariat and a report by the Government of Guatemala
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
DS514
United States- countervailing duties imposed by the United States on imports of Brazilian cold-- and hot-rolled steel flat products
Date 11-11-16
DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB) or parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on "DS" number to go to summaries of the case, click on "Activity" to go to the latest news or documents):
DS No.
Case Name
DS508 DS509 DS471 DS509 DS494 DS499 DS487
China -- Export Duties on Certain Raw Materials [Complainant: US] China --Duties and other Measures concerning the Exportation of Certain Raw Materials [Complainant: EU] United States -- Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China [Complainant: China] China -- Duties and other Measures concerning the Exportation of Certain Raw Materials [Complainant: EU] European Union -- Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia (Second Complaint) [Complainant: Russia] Russia -- Measures Affecting the Importation of Railway Equipment and Parts thereof [Complainant: Ukraine] United States -- Conditional Tax Incentives for Large Civil Aircraft [Complainant: European Union]
Activity Panel established China blocked EU's first request for panel
China files appeal against panel ruling
Second panel established
EU blocked panel
Russia blocked panel
Panel report issued
Date 08-11-16 18-11-16
23-11-16
28-11-16
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 Secretariat distributes this information in the form of "notifications" to all Member countries. See separate section on WTO TBT Notifications for a table which summarizes notifications posted by the WTO during the past month.
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World Customs Organization (WCO)
Announcements and news releases [dd-mm-yy]
Date
Title
02-11-16 03-11-16 04-11-16
07-11-16 09-11-16 10-11-16 11-11-16 17-11-16 18-11-16 21-11-16 22-11-16
23-11-16
24-11-16
25-11-16 28-11-16
Strengthening of the Romanian Customs Administration Update of the Diagnostic Tool on Tariff Classification, Valuation and Origin Work and Related Infrastructure Saudi Customs achieved great success in E-Transformation Dialogue with the ICC Commission on Customs and Trade Facilitation WCO attends the 28th International Air Cargo Forum and Exhibition Tanzania host a National Seminar on the classification of chemical products in the HS and a Workshop on the implementation of its Customs Laboratory with support from WCO, Spanish Customs and NORAD WCO provides support to the Malawi Revenue Authority in strengthening its intelligence function WCO attends a Symposium on Traceability and Customs compliance of international trade flows East and Southern African Members discuss Transit Guidelines Capacity Building Contact Points for the West and Central Africa region take stock of progress with Customs reform and modernization Special lecture for the WCO Scholarship Programme in Japan WCO-OECD Regional Policy Dialogue: taking scope of illicit trade in Europe The WCO and INTERPOL sign an arrangement facilitating Customs administrations' access to information on stolen vehicles Benin Customs successfully implements the tools of the competency based HRM approach WCO attends International Origin Conference in Korea
WCO supports the EAC Region to review the Regional AEO program Manual and Procedures
Peru hosts National Workshop on the HS 2017 The WCO Asia/Pacific Regional Contact Points successfully concluded their 26th Meeting in Fiji to develop the Regional Strategic Plan 2016-18 WCO Welcomes APEC Ministerial Statement Regional Seminar on Customs Laboratory and Chemical Analysis in Japan African Union Commission holds the 8th Ordinary Meeting of its Sub-Committee of Directors General of Customs The Islamic Republic of Iran becomes the 68th Contracting Party to the WCO Istanbul Convention World Customs Organization declares 2017 to be the year of Data Analysis Trainee Customs officers from French-speaking African countries, training at the Belgian Customs School, visit WCO Headquarters in Brussels WCO supported Customs Administrations in East Africa for sustainable enhancement of classification capacity WCO successfully supports the Sierra Leone Customs to complete a Time Release Study (TRS) WCO attends the annual Moving Industry Summit and updates Memorandum of Understanding with FEDEMAC WCO supports Chile in the establishment of its National Committee on Trade Facilitation Customs-Tax Conference in Hungary addresses avenues for enhancing cooperation ESA Region members gather to drive customs modernization processes Ghana Revenue Authority develops a roadmap to modernize HR with the WCO's support! Zimbabwe hosts Regional Workshop on the HS 2017 Edition for the WCO's ESA and WCA Regions 15th Revised Kyoto Convention Management Committee Meeting concluded with a renewed focus on the accession and implementation WCO-UPU Contact Committee irons out the implementation of advance
6 International Trade Compliance Update December 2016
The International Trade Compliance Update is a publication of the Global Trade and Commerce Practice Group of Baker & McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker & McKenzie advises on all aspects of International Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar and dates-In keeping with the global nature of Baker & McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only.
Credits:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
Baker & McKenzie
Date
Title
29-11-16 30-11-16
electronic data exchange mechanisms WCO holds a successful 10th Session of the WCO/IATA/ICAO API-PNR WCO National Workshop on the modernization of the Customs Laboratory in Albania Ukraine Customs reform on the way Oman joined the UNODC-WCO Container Control Programme Updated Trade Facilitation Guidance now available China Customs Vice Minister visits the WCO EU High-Level Workshop on AEO and charting the way forward WCO Asia/Pacific Regional Workshop on Intelligence-Led Risk Management
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
07-11-16
08-11-16 10-11-16 21-11-16
29-11-16
2016/058 -Summary records of the 17th meeting of the Conference of the Parties 2016/059 -Email correspondence purporting to come from the Secretariat 2016/060 - MADAGASCAR Security stamps 2016/062 - PALAU Withdrawal of reservations 2016/063 - AMENDMENTS TO APPENDICES I AND II OF THE CONVENTION adopted by the Conference of the Parties at its 17th meeting, Johannesburg (South Africa), 24 September 4 October 2016
The Americas - Central America
El Salvador
Documents
Date Series and
21-10-16 DGA 018-2016 23-11-16 DGA 019-2016 28-11-16 DGA 020-2016
Subject
Codification of packaging type names used in international trade [UN/CEFACT recommendation 21] Extension of validity of the AEO pilot test program Suspension of registration update international terrestrial freight carriers
Nicaragua
Documents
Date Series and 17-10-16 CT-113-2016
04-11-16 CT-121-2016
Subject
Procedures for entry or exit by air of deceased persons General Rules For The Implementation Of The Interinstitutional Agreement MINSA-DGA-IPSA-CNRCST NO. 0012016.
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Nicaraguan Classification Resolutions (Customs Rulings)
The Direccin General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to the present available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano.
Panama
Panama publishes 2017 Tariff
On 21 November 2016, the Official Gazette published Cabinet Decree 35 of 15 November 2016, which adopts the WCO Sixth Amendment to Harmonized System Nomenclature, and incorporates into the National Import Tariff the 10 digit Spanish version adopted by the Council of Ministers for Economic Integration Resolution 372-2015 (COMIECO-LXXIV) on 4 December 2015. The new Tariff is effective 1 January 2017. The Decree also establishes the Spanish version of the Explanatory Notes as the official interpretation of the National Import Tariff.
Official Gazette
The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial Digital (Official Gazette Digital) during the period of coverage:
Publication Date
15-11-16
17-11-16 18-11-16 21-11-16
22-11-16
23-11-16
Title
Health: Res. 2304 (28-10-16) Passes and adopts the five (5) pictograms that must be printed in the various packaging and packaging products snuff, cartons and cigarette packets marketed in the territory of the Republic of P Health: Res. 691 (03-08-16) Ordered the inclusion of new information security to manufacturers and all laboratories companies trading and / or distributed products containing as active ingredient Cisplatino. Health: Res. 725 (30-08-16) security arrangements for marketing of products containing the active ingredient set forth Clenbuterol. Trade and Industry: Res. 99 (of 27-10-16) Which ordered the publication of Agreement No. 01-2016 (COMIECO- LXXVII) approved by the Council of Ministers of Economic Integration 01 September 2016. National Customs Authority (NCA): Adm. Res. 499 Amending Resolution No. 480 of 27 October 2016. Trade and Industry: Res. 100 (27-10-16) Ordered Publication of Resolution No.362-2015 (COMIECO- LXXI) Approved by the Council of Ministers of Economic Integration on 23-04-15. Council of Cabinet: Cabinet Decree No. 35 (15-11-16) Adopting The Sixth Amendment to the Nomenclature of the Harmonized Commodity Description and Coding System Adopted by the World Customs Organization and Expands to Ten Digit Tariff Subdivisions of National Import Tariff Trade and Industry: Res. 101 (27-10-2016 Ordered Publication of Resolution No.365-2015 (COMIECO- LXXII) Approved by the Council of Ministers of Economic Integration on 24-06-15. Trade and Industry: Res. 102 (27-10-2016 Ordered Publication of Resolution No. 01-2015 (COMIECO- LXXIII) Approved by the Council of Ministers of Economic Integration on 04-12-15; Resolution No. 02-2015 (COMIECOLXXIII) Approved by the Council of Ministers of Economic Integration on 0412-15; Resolution No. 03-2015 (COMIECO- LXXIII) Approved by the Council of Ministers of Economic Integration on 04-12-15 Trade and Industry: Res. 103 (27-10-2016 Ordered Publication of Resolution No. 363-2015 (COMIECO- LXXI) Approved by the Council of Ministers of Economic Integration on 23-04-15; Resolution No. 364-2015 (COMIECOLXXI) Approved by the Council of Ministers of Economic Integration on 23-04-
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Publication Date
24-11-16 25-11-16 30-11-16
Title
15 Trade and Industry: Res. 104 (27-10-2016) Ordered Publication of Resolution No. 353-2014 (COMIECO- LXIX) Approved by the Council of Ministers of Economic Integration on 23-10-14; Resolution No. 354-2014 (COMIECOLXIX) Approved by the Council of Ministers of Economic Integration on 23-1014; Resolution No. 355-2014 (COMIECO- LXIX) Approved by the Council of Ministers of Economic Integration on 23-10-14; Resolution No. 356-2014 (COMIECO- LXX) Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 357-2014 (COMIECO- LXX) Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 358-2014 (COMIECO- LXX) Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 359-2014 (COMIECO- LXX) Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 360-2014 (COMIECO- LXX) Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 361-2015 (COMIECO- LXXI) Approved by the Council of Ministers of Economic Integration on 23-04-15 Trade and Industry: Res. 105 (27-10-2016 Ordered Publication of Resolution No. 375-2016 (COMIECO- LXXVI) Approved by the Council of Ministers of Economic Integration on 29-06-16; Resolution No. 376-2016 (COMIECOLXXVI) Approved by the Council of Ministers of Economic Integration on 0109-16 Trade and Industry: Res. 106 (27-10-2016) Ordered Publication of Resolution No. 366-2015 (COMIECO- LXXII) Approved by the Council of Ministers of Economic Integration on 24-06-15; Resolution No. 367-2015 (COMIECOLXXII) Approved by the Council of Ministers of Economic Integration on 2406-15; Resolution No. 368-2015 (COMIECO- LXXIII) Approved by the Council of Ministers of Economic Integration on 22-10-15; Resolution No. 369-2015 (COMIECO- LXXIII) Approved by the Council of Ministers of Economic Integration on 22-10-15; Resolution No. 370-2015 (COMIECO- LXXIII) Approved by the Council of Ministers of Economic Integration on 22-10-15; Resolution No. 371-2015 (COMIECO- LXXIV) Approved by the Council of Ministers of Economic Integration on 04-12-15; Resolution No. 372-2015 (COMIECOLXXIV) Approved by the Council of Ministers of Economic Integration on 0412-15; Resolution No. 373-2015 (COMIECO- LXXIV) Approved by the Council of Ministers of Economic Integration on 04-12-15. Trade and Industry: Res. 107 (27-10-16) Order the publication of Resolution COMIECO COSEFIN 01-2015 (25-06-16) Council of Central American Integration and Ministers of Finance Trade and Industry: Res. 108 (27-10-2016) Ordered Publication of Resolution No. 374-2015 (COMIECO- LXXIV Approved by the Council of Ministers of Economic Integration on 04-12-15 and errata to Annex to Res. 374-2015 (COMIECO LXXIV) dated 05-02-15 Trade and Industry: Res. 109 (27-10-16) Ordered Publication of Resolution No. 353-2014 (COMIECO-LXIX) Approved by the Council of Ministers of Economic Integration on 23-10-14; Resolution No. 354-2014 (COMIECO-LXIX) Approved by the Council of Ministers of Economic Integration on 23-10-14; Resolution No. 355-2014 (COMIECO-LXIX) Approved by the Council of Ministers of Economic Integration on 23-11-14; Resolution No. 356-2014 (COMIECO- LXX), Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 357-2014 (COMIECO- LXX), Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 358-2014 (COMIECO- LXX), Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 359-2014 (COMIECO- LXX), Approved by the Council of Ministers of Economic Integration on 04-12-14; Resolution No. 360-2014 (COMIECO- LXX), Approved by the Council of Ministers of Economic Integration on 04-12-14; and Resolution No. 361-2015 (COMIECO- LXXI) Approved by the Council of Ministers of Economic Integration on 23-04-15.
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The Americas - North America
Canada
Legislation introduced to implement Canada-Ukraine Free Trade Agreement
On November 3, 2016, the Government announced that the Hon. Chrystia Freeland, Minister of International Trade, introduced legislation in the House of Commons to implement the Canada-Ukraine Free Trade Agreement (CUFTA). The legislation will be subject to all required stages of the legislative process. Canada is committed to the timely ratification of CUFTA so Canadians and Ukrainians alike can take advantage of its benefits as soon as possible. The Government said that, when implemented, the CUFTA will generate opportunities for Canadians and Ukrainians, create new job opportunities, and help to grow the middle class and those working hard to join it. The announcement said that:
When CUFTA enters into force, Canada will immediately eliminate duties on 99.9 percent of imports from Ukraine. Similarly, Ukraine will eliminate tariffs on approximately 86 percent of Canadian exports, with the balance of tariff concessions to be implemented over a period of up to seven years. CUFTA will thus eliminate essentially all tariffs on goods currently traded between Canada and Ukraine.
Canada is deeply committed to working with the people of Ukraine to help implement important economic and democratic reforms and to strengthen business ties between the two countries.
Canada expands sanctions against North Korea
On October 21, 2016, the Government of Canada published amendments to its trade and economic sanctions against the Democratic People's Republic of Korea ("DPRK") in the Regulations Amending the Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK) (SOR/2016-278, Oct. 21, 2016) (the "Regulations") made under the United Nations Act.
Amending the Regulations enables the Government of Canada to incorporate into Canadian law the additional sanctions measures adopted by the United Nations Security Council in Resolution 2270. Resolution 2270 was adopted on March 2, 2016 in response to the DPRK's nuclear test conducted on January 6, 2016, and use of ballistic missile technology to launch a long-range rocket on February 7, 2016.
The additional sanctions measures contained in the amendments to the Regulations include the following:
A ban on the sale, supply or transfer of aviation fuel destined for the DPRK or for any person in the DPRK (except for aviation fuel provided to a DPRK passenger aircraft for its return flight to the DPRK);
A ban on the import, purchase or acquisition of coal, iron, iron ore, gold, titanium ore, vanadium ore and rare earth minerals from the DPRK or from any person in the DPRK;
A ban on providing teaching or training to any national of the DPRK in disciplines which could contribute to proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems in the DPRK, including in advanced physics, advanced computer simulation and related computer sciences, geospa-
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tial navigation, nuclear engineering, aerospace engineering, aeronautical engineering and related disciplines;
A ban on the provision, under lease or charter, of a Canadian-flagged vessel or aircraft, or crew services for such a vessel or aircraft;
A ban on registering a vessel in the DPRK; obtaining authorization for a vessel to fly the DPRK flag; owning, leasing, operating or insuring any DPRK-flagged vessel; and providing any vessel classification, certification or related service for any DPRK-flagged vessel;
The addition, to the list of entities that must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person, of "persons and entities engaged in the business of foreign exchange dealing, of remitting funds or transmitting funds by any means or through any person, entity or electronic funds transfer network, or of issuing or redeeming money orders, traveller's cheques or other similar negotiable instruments except for cheques payable to a named person or entity", if the activity involves the opening of an account for a client;
A new provision allowing a Canadian federal or provincial "official" to disclose personal information to the Minister of Foreign Affairs, who in turn may disclose personal information to the United Nations Security Council, the Panel of Experts established under Security Council Resolution 1874 or the Focal Point for Delisting;
A ban on legal proceedings in Canada at the instance of the Government of the DPRK, any person in the DPRK, any designated person or any person claiming through or acting on behalf of any designated person, in connection with any contract or other dealing if its performance was prevented by the Regulations.
It is worth noting that Canada also imposes sanctions against the DPRK pursuant to regulations made under the Special Economic Measures Act ("SEMA"). Under SEMA, the Government of Canada has imposed broad trade embargoes, including in part bans on all imports from and exports to the DPRK, and a ban on investments in any entity in the DPRK that involve a dealing in any property, wherever situated, held by or on behalf of the DPRK, any person in the DPRK, or a national of the DPRK who does not ordinarily reside in Canada. The sanctions against the DPRK made under SEMA were not amended at this time.
For additional information, please contact Paul D. Burns, Brian Cacic or Erica Lindberg.
eManifest requirements for freight forwarders
Under eManifest, freight forwarders are required to transmit advance house bill data electronically to the CBSA. The data must be received and validated by the CBSA prior to arrival, within the prescribed mode-specific time frames. Regulatory amendments supporting the eManifest initiative were published on May 6, 2015, in the Canada Gazette Part II. Customs Notice 16-17 provided the time frames shown below.
Following a voluntary compliance period, the implementation timeline below applies to eManifest requirements for freight forwarders to electronically transmit advance house bill data on consolidated freight to the CBSA within the prescribed mode-specific time frames:
November 7, 2016, to January 10, 2017 , the CBSA will provide freight forwarders with a period of transition during which penalties for non-compliance will not be issued and the CBSA will work closely with freight forwarders on corrective measures.
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January 11, 2017, to July 11, 2017, freight forwarders deemed to be noncompliant with eManifest requirements may be issued zero-rated penalties (nonmonetary) under the CBSA's Administrative Monetary Penalty System (AMPS).
Beginning July 12, 2017, freight forwarders deemed to be non-compliant with eManifest requirements may be issued monetary AMPS penalties.
Consolidated shipments arriving in Canada on or after November 7, 2016, are subject to advance electronic house bill requirements even if the movement begins prior to this time frame. Information regarding the application of penalties is outlined in the above bullets.
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
11-02-16 11-05-16 11-12-16 11-16-16 11-19-16
11-26-16
11-30-16
Environment: Regulations Amending the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2016-273, Oct. 21, 2016) pursuant to the Canadian Environmental Protection Act, 1999 (R) Transport: Regulations Amending the Motor Vehicle Safety Regulations (Standard 226) (SOR/2016-277, Oct. 21, 2016) pursuant to the Motor Vehicle Safety Act (R) Environment/Health: Proposed Microbeads in Toiletries Regulations pursuant to the Canadian Environmental Protection Act, 1999 (PR) Environment/Health: Proposed Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 pursuant to the Canadian Environmental Protection Act, 1999 (PR) Health: Proposed Order Amending the Schedule to the Tobacco Act (Menthol) pursuant to the Tobacco Act (PR)
Environment: Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to 25 substances (N) Finance: Order Amending the List of Tariff Provisions Set Out in the Schedule to the Customs Tariff (Tariff Item No. 9984.00.00) (SOR/2016-279, Oct. 27, 2016) pursuant to the Customs Tariff Environment: Order 2016- 87-11-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 Environment: Waiver of information requirements for living organisms (subsection 106(9) of the Canadian Environmental Protection Act, 1999) Environment: Waiver of information requirements for substances (subsection 81(9) of the Canadian Environmental Protection Act, 1999)
Environment/Health: Publication of final decision after assessment of a substance -- phenol, 5-chloro-2-(2,4-dichlorophenoxy) [triclosan], CAS RN 338034-5 -- specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) Environment: Proposed Regulations Amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (PR) Environment: Proposed Regulations Amending the Ozone-depleting Substances and Halocarbon Alternatives Regulations (PR) Transport: Proposed Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016) (PR) Environment: Order 2016-87-11-01 Amending the Domestic Substances List (SOR/2016-285, Nov. 11, 2016) pursuant to the Canadian Environmental Protection Act, 1999 (O) Health: Order Amending Schedule VI to the Controlled Drugs and Substances Act (Fentanyl Precursors) (SOR/2016-295, Nov. 18, 2016) pursuant to the
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Publication Date
Title
Controlled Drugs and Substances Act Health: Regulations Amending Precursor Control Regulations (Fentanyl Precursors) (SOR/2016-294, Nov. 18, 2016) pursuant to the Controlled Drugs and Substances Act (R)
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
11-02-16
Foreign Affairs: Regulations Amending the Regulations Implementing the United Nations Resolutions on the Democratic People's Republic of Korea (DPRK) (SOR/2016-278, Oct. 21, 2016) pursuant to the United Nations Act (R)
CBSA advance rulings
The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site. There are currently 235 such rulings.
No new advance rulings were posted by the CBSA during the past month.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.)
Date Reference
10-31-16 CN 16-21
11-03-16 D19-13-2
11-07-16 CN 16-22
11-08-16 CN 16-23
11-14-16 D9-1-17
11-23-16 11-28-16 11-29-16
CN 16-24 CN 16-25 CN 16-26
Action
Title
New Revised Update
New Revised Revision
New New
Acting as an Agent for the Purposes of Importing Personal Vehicles and Goods Importing and Exporting Firearms, Weapons and Devices Update to the Implementation of the Single Window Initiative Transmission of Electronic House Bills for Shipments Transiting Canada Canada Border Services Agency's Determination Procedures for Obscenity and Hate Propaganda Amendments to the Departmental Consolidation of the Customs Tariff eManifest Lead Sheet Requirements January 1, 2017 Version of the Departmental Consolidation of the Customs Tariff
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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Mexico
Special border tariff treatment extended until 2019
On November 17, 2016, the Diario Oficial de la Federacion (Federal Official Gazette) published the Decree amending and extending the life of the Decree by which the general import tax is established for the border region and the northern border, which extends the special tariff treatment for the border area and northern border that is due to expire on December 31, 2016 until December 31, 2019, in order to strengthen the competitiveness of business activities in those areas. The special tariff treatment permits certain goods to be relieved of duties and others to be taxed at a 5% rate, in lieu of the normal import taxes.
Diario Oficial
The following documents of interest to international traders were published in the Diario Oficial de la Federacion: Note: With regard to standards, only those which appear to apply to international trade are listed. (An unofficial English translation is shown.)
Publication Date
Title
11-03-16 11-08-16
11-15-16
11-17-16 11-18-16 11-24-16 11-25-16
Economy: Draft Mexican Official Standard NOM-106-SCFI-2016 design features and conditions of use of official [conformity] mark. Hacienda: Call for certification in prevention of operations with provenance illegal and terrorist financing. Economy: Standard NOM-005-ENER-2016, Energy efficiency of household electric washing machines. Boundaries, testing and labeling methods. Health: Proposed addition of 8.2.1, 8.2.2, 9.2.3, 13.20, 13.21, and Chapters 8 and 9, the Regulatory Appendix A and Chapter 2 of Appendix B Regulatory and modification of Chapter 3, Normative Appendix a and Table B1 of Appendix B Regulatory, to Mexican Official Standard NOM-040-SSA1-1993, products and services. iodized salt and iodized salt fluoridated. Health specifications, published on September 23, 2003 . Decree amending and extending the life of the Decree by which the general import tax is established for the border region and the northern border. Economy: Acuerdo amending the Acuerdo by which the Ministry of Economy issues rules and criteria character General on Foreign Trade Agriculture, livestock, etc.: Standard NOM-003-SAGARPA-2016, concerning the characteristics of health, quality agrifood, authenticity, labeling and conformity assessment agave syrup. Economy: Acuerdo announcing Decision No. 1 of the Free Trade Commission of the Additional Protocol to the Framework of the Pacific Alliance Agreement, adopted on 30 June 2016. Hacienda: Third Resolution modifying the General Rules of Foreign Trade for 2016 and its annexes 1, 4, 21 and 22.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
United States
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR =FINAL RULE, FO= FINAL ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE, TR=TEMPORARY RULE, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.]
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Presidential documents
During the past month, President Obama signed the following documents relating to international trade, national emergencies, sanctions, embargoes, or blocking orders:
Date
Subject
11-02-16 11-07-16 11-08-16
11-09-16 11-10-16 11-14-16 11-28-16
Notice of October 31, 2016 - Continuation of the National Emergency With Respect to Sudan Notice of November 3, 2016 - Continuation of the National Emergency With Respect to Iran Executive Order 13746 of November 3, 2016 - Advancing the Goals of the Power Africa Initiative to Expand Access to Electricity in Sub-Saharan Africa Through the Establishment of the President's Power Africa Working Group Executive Order 13747 of November 4, 2016 - Advancing the Global Health Security Agenda To Achieve a World Safe and Secure From Infectious Disease Threats Notice of November 8, 2016 - Continuation of the National Emergency With Respect to the Proliferation of Weapons of Mass Destruction Notice of November 9, 2016 - Continuation of the National Emergency With Respect to Burundi Presidential Determination No. 201701 of November 14, 2016 - Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012
President continues national emergency with respect to Burundi
On November 14, 2016, the Federal Register published Presidential Notice of November 9, 2016 - Continuation of the National Emergency With Respect to Burundi, which extends for an additional year the national emergency first declared in Executive Order (EO) 13712 of November 22, 2015 to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in Burundi, which has been marked by the killing of and violence against civilians, unrest, the incitement of imminent violence, and significant political repression, and which threatens the peace, security, and stability of Burundi. The national emergency is being extended because the situation in Burundi continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.
President continues national emergency with respect to WMDs
On November 10, 2016, the Federal Register published Presidential Notice of November 8, 2016 - Continuation of the National Emergency With Respect to the Proliferation of Weapons of Mass Destruction, which extends for an additional year the national emergency first declared in Executive Order (EO) 12938 of November 14, 1994 to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons. EO 13094 (July 28, 1998) and EO 13382 (June 28, 2005) amended EO 12938. The national emergency is being extended because the proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.
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President continues national emergency with respect to Iran
On November 7, 2016, the Federal Register published Presidential Notice of November 3, 2016 - Continuation of the National Emergency With Respect to Iran, which extends the national emergency first declared in Executive Order (EO) 12170 of November 14, 1979 to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran. The emergency is being continued because our relations with Iran have not yet returned to normal, and the process of implementing the agreements with Iran, dated January 19, 1981, is still under way.
President continues national emergency with respect to Sudan
On November 2, 2016, the Federal Register published Presidential Notice of October 31, 2016 - Continuation of the National Emergency With Respect to Sudan which extends for an additional year the national emergency first declared in Executive Order (EO) 13067 of November 3, 1997. The national emergency is being continued because the actions and policies of the Government of Sudan continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared in EO 13067, expanded on April 26, 2006, and with respect to which additional steps were taken on October 13, 2006.
USTR makes import statistics available for GSP CNLs
On November 16, 2016, the Office of the United States Trade Representative.(USTR) published in the Federal Register a notice inform the public of the availability of import statistics for the first nine months of 2016 relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. These import statistics identify some articles for which the 2016 trade levels may exceed statutory CNLs. Interested parties may find this information useful in deciding whether to submit a petition to waive the CNLs for individual beneficiary developing countries (BDCs) with respect to specific GSP-eligible articles.
ITC investigations
The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release)
Investigation. No. and title
Inv. No. 332345 - Recent Trends in U.S. Services Trade, 2017 Annual Report (RFC)
Requested by:
DHS adopts rulemaking petition procedures
On November 28, 2016, the Department of Homeland Security (DHS) published in the Federal Register a final rule [Docket No. DHS20090009] adopting a process under which interested persons may petition the Department to issue, amend, or repeal a rule. The rule is effective December 28, 2016.
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DHS issues FOIA amendments that apply to CBP
On November 22, 2016, the Department of Homeland Security (DHS) published in the Federal Register a final rule [Docket No. DHS20090036] that amends the DHS regulations under the Freedom of Information Act (FOIA). The regulations have been revised to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations have been updated to reflect developments in the case law. The amendments include section 5.12 "Confidential commercial information; CBP procedures" which sets forth notification and disclosure policy when commercial information provided to U.S. Customs and Border Protection (CBP) by a business submitter is requested under FOIA.
The amendments are effective December 22, 2016.
CBP provides notice of 2017 Customs Broker User Fee
On November 29, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice providing notice to customs brokers that the annual user fee of $138 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by February 3, 2017.
CBP adopts final rule for APEC Business Travel Card
On November 23, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule [Docket No. USCBP-2013-0029; CBP Decision No. 16-20] that adopts with two changes interim amendments to the Department of Homeland Security's (DHS) regulations published in the Federal Register on May 13, 2014 establishing the U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card Program. The U.S. APEC Business Travel Card Program provides qualified U.S. business travelers engaged in business in the APEC region, or U.S. Government officials actively engaged in APEC business, the ability to access fast-track immigration lanes at participating airports in foreign APEC economies. This rule is effective on December 23, 2016.
CBP extends import restriction on certain archaeological and ethnological material from Greece
On November 23, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 16-21] that amends the CBP regulations to reflect the extension of import restrictions on certain archaeological and ethnological material from the Hellenic Republic (Greece). The restrictions, which were originally imposed by CBP Decision (CBP Dec.) 11-25, are due to expire on November 21, 2016. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that factors continue to warrant the imposition of import restrictions and no cause for suspension exists. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this extension until November 21, 2021. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act that implemented the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 11-25 contains the Designated List of
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archaeological and ecclesiastical ethnological material from Greece, to which the restrictions apply.
Miscellaneous CBP and DHS Federal Register documents
The following documents not discussed above were published by CBP or the Department of Homeland Security (DHS) in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.]
F.R. Date
Subject
11-01-16 11-08-16 11-18-16 11-25-16
11-28-16 11-29-16
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory [Chelsea, MA] (N) Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory [Texas City, TX] (N) Approval of Inspectorate America Corporation, as a Commercial Gauger [Lutcher, LA] (N) Accreditation and Approval of King Laboratories, Inc., as a Commercial Gauger and Laboratory [Tampa, FL] (N) Agency Information Collection Activities: Record of Vessel Foreign Repair or Equipment Purchase (N/E) DHS: Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-022 Electronic Visa Update System (EVUS) System of Records [Docket No. DHS-2016-0085] (FR) DHS: Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac System of Records [Docket No. DHS-2016-0087] (FR) Agency Information Collection Activities: Lien Notice (N) [CBP Form 3485] Agency Information Collection Activities: Passenger and Crew Manifest (N) Agency Information Collection Activities: Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers (N) [CBP Form 7401] Agency Information Collection Activities: Application and Approval to Manipulate, Examine, Sample or Transfer Goods (N) [Form 3499] Agency Information Collection Activities: Foreign Assembler's Declaration (N)
CBP establishes new e-commerce and small business team
On November 25, 2016, U.S. Customs and Border Protection (CBP) announced the establishment of the E-Commerce and Small Business Branch within the agency's Office of Trade. Worldwide e-commerce sales are expected to reach over $4 trillion by 2020 - the branch will work to address the various complexities resulting from this new global shift.
CBP stated that it is committed to ensuring the safe and legitimate flow of trade, while at the same time identifying and preventing inferior and unsafe merchandise from entering into the global commerce. As the holiday shopping season approaches and as Small Business Saturday and Cyber Monday sales spike, CBP warns consumers that the benefits afforded by online platforms also elevate the risk and opportunity for criminal trade.
CBP signs MOU with Ghana Revenue Authority
On November 2, 2016, U.S. Customs and Border Protection (CBP) announced that:
...Commissioner Kerlikowske traveled to Ghana and South Africa to meet with government officials. Discussion focused on the current partnerships and existing work as well as areas for future collaboration focusing on enhancing border security and trade
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facilitation. The Commissioner also signed a Memorandum of Understanding (MOU) with Commissioner John Vianny Kuudamnuru of the Ghana Revenue Authority. The MOU is an example of how this collaboration can further enhance the exchange of customs information and expertise between the two countries.
CBP issues final determinations in procurement cases
CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register.
F.R. Date
Ruling Reference (Date Issued) and Product
Country of Origin
11-10-16 11-30-16
HQ H262943 (November 01, 2016) Matrix T3xe commercial treadmill
HQ H261623 (November 22, 2016) Computer Notebook Hard Disk Drives
Scenario 1 - US
Scenario 2 - Taiwan Scenario 1 - Singapore or South Korea Scenario 2 - Country of hardware manufacture
"Lever-Rule" application(s) filed
CBP has received the following application(s) for "Lever-Rule" protection pursuant to 19 C.F.R. 133.2(f). In the event that CBP determines the goods under consideration are physically and materially different from the goods authorized for sale in the United States, CBP will publish a notice in the Customs Bulletin indicating that the referenced trademark is entitled to "Lever-rule" protection with respect to those physically and materially different goods.
Customs Bulletin
Date
Applicant
Products Covered by the Application
11-23-16
Fujifilm North America Corporation
Cameras and accessories
X-series cameras and accessories
Trademark
"Instax" U.S. TM Reg. No. 3,990,182
CBP Recordation No. TMK 1600781 "Fujifilm"
U.S. TM Reg. No. 4,107,458 CBP Recordation No. TMK 1600784
CBP ACE guides, ICPs and other publications and fact sheets
During the period of coverage of this Update, CBP issued the following new or revised AGE guides, Informed Compliance Publications (ICPs) in the, "What Every Member of the Trade Community Should Know About:..." series, other publications and fact sheets:
ACE Reports Catalogue for Trade (Oct. 2016) ACE and ACS Application Transition Plan (Nov. 7, 2016) Standalone Filing for Partner Government Agency Data (PE/PX) CATAIR Chapter PGA Data Corrections (CA/CC) CATAIR Chapter ACE CATAIR Error Dictionary - Statement Process
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Trade Drawback Business Rules (ver. 4)
ACE Automated Broker Interface Automated Interface Requirements Daily Statement (Draft Nov. 9, 2016)
ACE Automated Broker Interface Automated Interface Requirements Statement Request Reroute (Draft Nov. 4, 2016)
Revocations or modifications of CBP rulings
See separate section below.
CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below.
Date
CSMS#
Title
11-01-16 11-02-16 11-03-16 11-07-16 11-09-16 11-10-16 11-14-16 11-16-16
11-17-16
16-000930 16-000931 16-000932
16-000934
16-000935 16-000936 16-000937 16-000938 16-000940 16-000941 16-000943 16-000944 16-000945 16-000946 16-000947 16-000948 16-000950 16-000951
16-000952
16-000953
16-000954 16-000955 16-000956 16-000957 16-000958 16-000959 16-000960
16-000961
Activation of ACE Air Manifest General Order Deactivation of Washington State Port Codes 3027 and 3081 Updated APHIS-Core PGA Message Set Implementation Guide V4.8.5, October 6, 2016 ACE PRODUCTION and ACE CERTIFICATION Deployment Thursday, Nov. 3, 2016 ACE System Failure or PGA Data Rejected responses in CERTIFICATION
FWS Webinar on 11/18/2016
ENOF ["Entry Not on File"] in Truck & 1C Not Posting for other MOTs Resolved
New ACE Reports Catalog Now Available
ACE PRODUCTION PGA deployment, Thurs Nov. 10,2016 @0600ET,impact ACE CargoRel & EntrySumm Update: PROD Deployment Dates for PGA Changes FDA- Additional instruction for filing live animals for consumption and entity validation Instructions for filing various FDA commodities via ACE Correction FDA- Additional instruction for filing live animals for consumption and entity ACS to ACE Application Codes Updated ACE CATAIR Documentation Posted to CBP.gov ACE PRODUCTION Manifest & Accounts changes Deployed, Sunday, Nov. 13, 2016 ACE Status Update Call Held Weekly Effective November 22, 2016 ACE PRODUCTION PGA deployment, Thurs Nov. 17,2016 @0600ET,impact ACE CargoRel & EntrySumm Cargo XML Message Set for Air Export Manifest Now Available on CBP.gov Statements for Districts 34-38 did not generate ACH Credit Refunds Issued without Entry Number Identifier ABI ISF Deployment in ACE Certification Statements for District 34-37 are now generating Deactivation of several CBP San Francisco Port Codes for Import Cargo [See 16-000961 for corrections] Updated ACE AESTIR Documentation Posted on CBP.gov CORRECTION: Deactivation of several CBP San Francisco Port Codes for Import Cargo [Port Codes 2813, 2816, 2870, 2871, 2872, 2873, 2881, 2981, 2982, 2991, 3107, 3112, 3279, 3332,
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Date 11-18-16 11-21-16 11-22-16 11-28-16
11-30-16
CSMS#
16-000963 16-000967 16-000969 16-000971 16-000973 16-000976 16-000979 16-000981 16-000982 16-000983
Title
and 3382] ACE Availability Dashboard Operational ACE PRODUCTION deployment, Tuesday Nov. 22, 2016 @0545 ET,impact ACE CargoRel & EntrySumm Update: ACE Availability Dashboard Updated ACE Drawback CATAIR Document Posted to CBP.gov Updated ACE CATAIR Documentation Posted to CBP.gov ACE PRODUCTION PGA deployment, Tues. Nov. 29,2016 @0600ET,impact ACE CargoRel & EntrySumm Drawback CERT Entry Summary Numbers Deactivation of several CBP San Juan Port Codes for Import Cargo Trade Partner connectivity issue today Nov 30, 2016 FDA End-Dated Product Codes for CDRH Products
Foreign Trade Zones
The following documents were published in the Federal Register by the ForeignTrade Zones Board:
F.R. Date
Document
11-02-16 11-04-16
11-09-16 11-14-16 11-16-16
Foreign-Trade Zone 134 Chattanooga, Tennessee - Application for Subzone Wacker Polysilicon North America LLC. Charleston, Tennessee [B-71-2016] Foreign-Trade Zone (FTZ) 80 San Antonio, Texas - Notification of Proposed Production Activity - CGT U.S., Ltd. (Polyvinyl Chloride (PVC) Coated Upholstery Fabric Cover Stock) New Braunfels, Texas [B-72-2016] Foreign-Trade Zone (FTZ) 44 Morris County, New Jersey - Authorization of Production Activity - Givaudan Flavors Corporation (Flavor Products) East Hanover, New Jersey [B-44-2016] Grant of Authority- Establishment of a Foreign-Trade Zone under the Alternative Site Framework Vancouver, Washington [Order No. 2012] Foreign-Trade Zone 44 Morris County, New Jersey - Application for Subzone AGFA Corporation Branchburg, New Jersey [S-152-2016] Approval of Subzone Status - Westlake Chemical Corporation, Sulphur, Louisiana [Order No. 2016] Foreign-Trade Zone 100 Dayton, Ohio - Application for Subzone Expansion Thor Industries, Inc., Jackson Center, Ohio [S-153-2016] Foreign-Trade Zone (FTZ) 189 Kent, Ottawa and Muskegon Counties, Michigan - Authorization of Production Activity - Southern Lithoplate, Inc. (Aluminum Printing Plates) Grand Rapids, Michigan [B-45-2016] Foreign-Trade Zone 163 -- Ponce, Puerto Rico - Application for Subzone AxisCare Health Logistics, Inc., Toa Baja, Puerto Rico [S-154-2016] Foreign-Trade Zone 124 -- Gramercy, Louisiana - Application for Subzone Danos & Curole Marine Contractor's, LLC, Morgan City, Louisiana [B-74-2016] Foreign-Trade Zone (FTZ) 176 Rockford, Illinois - Notification of Proposed Production Activity - Brake Parts Inc (Automotive Parts Kitting) McHenry, Illinois [B-73-2016] Reorganization of Foreign-Trade Zone 110 - under the Alternative Site Framework, Albuquerque, New Mexico [Order No. 2018] Reorganization of Foreign-Trade Zone 261 - under Alternative Site Framework Alexandria, Louisiana [Order No. 2017] Approval of Subzone Status - G2 LNG LLC, Cameron, Louisiana [Order 2015] Foreign-Trade Zone (FTZ) 122-Corpus Christi, Texas; Notification of Proposed Production Activity; voestalpine Texas, LLC (Hot Briquetted Iron By-Products); Portland, Texas [B752016] Foreign-Trade Zone 61-San Juan, Puerto Rico; Application for Subzone; Aceros de Amrica, Inc.; San Juan, Puerto Rico [S1592016] Approval of Subzone Status; ASICS America Corporation; Byhalia, Mississippi [S1172016]
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F.R. Date
Document
11-17-16 11-22-16 11-25-16 11-28-16
Approval of Expansion of Subzone 92B; Huntington Ingalls Industries; Pascagoula, Mississippi [S1122016] Foreign-Trade Zone 12--McAllen, Texas; Application for Reorganization Under Alternative Site Framework [B762016] Foreign-Trade Zone (FTZ) 189-Kent/Ottawa/Muskegon Counties, Michigan, Authorization of Production Activity, Adient US LLC, Subzone 189D, (Motorized Seat Adjusters for Motor Vehicles), Holland and Zeeland, Michigan [B46 2016] Foreign-Trade Zone (FTZ) 38-Spartanburg County, South Carolina; Notification of Proposed Production Activity; ZF Transmissions Gray Court, LLC; (Automatic Transmission and Powertrain Subassemblies and Parts, Transmission Shafts and Cranks); Gray Court, South Carolina [B792016] Foreign-Trade Zone 115-Beaumont, Texas; Expansion of Subzone 115B; ExxonMobil Oil Corporation; Jefferson and Liberty Counties, Texas [B782016] Foreign-Trade Zone 163-Ponce, Puerto Rico, Application for Subzone, Best Petroleum Corporation, Toa Baja, Puerto Rico [S1622016] Foreign-Trade Zone 21-Charleston, South Carolina; Application for Subzone; Volvo Car US Operations, Inc.; Ridgeville, South Carolina [B772016] Foreign-Trade Zone (FTZ) 148 Knoxville, Tennessee - Notification of Proposed Production Activity - CoLinx, LLC (Bearing Units) Crossville, Tennessee [B-80-2016] Foreign-Trade Zone (FTZ) 126 Reno, Nevada - Authorization of Production Activity - Tesla Motors, Inc. Subzone 126D (Lithium-Ion Batteries, Electric Motors and Stationary Energy Storage Systems) Sparks, Nevada [B-51-2016] Foreign-Trade Zone (FTZ) 249-Pensacola, Florida; Authorization of Production Activity; GE Renewables North America, LLC (Wind Turbine Nacelles, Hubs, and Drivetrains); Pensacola, Florida [B472016]
Consultation rules for exports of unclassified nuclear technology
On November 15, 2016, the National Nuclear Security Administration (NNSA), Department of Energy (DOE); Department of State (State), and Department of Commerce (Commerce) published in the Federal Register a notice regarding consultations with the Office of the Director of National Intelligence (ODNI) with respect to certain exports of unclassified nuclear technology and assistance. Section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (NDAA) mandates that the ODNI also be consulted with respect to each authorization under section 57b.(2) of the Atomic Energy Act of 1954, as amended (AEA) [which is implemented through 10 C.F.R. Part 810], to a covered foreign country as defined in section 3136(i)(2) of the NDAA. The notice amends the Procedures Established Pursuant to the Nuclear Non-Proliferation Act of 1978 to implement this consultation requirement.
FinCEN imposes Special Measure against North Korea
On November 9, 2016, the Financial Crimes Enforcement Network (FinCEN) published in the Federal Register a final rule imposing additional restrictions on North Korean banks and other financial institutions. The final rule prohibits "covered financial institutions" (CFIs) from opening or maintaining a correspondent account for, or on behalf of, North Korean banking institutions. The rule further prohibits CFIs from processing transactions for the correspondent account of a foreign bank in the United States if such a transaction involves a North Korean financial institution, and requires CFIs to apply special due diligence to guard against such use by North Korean financial institutions.
For purposes of these rules, "CFIs" generally include the following: insured banks; commercial banks; agencies or branches of a foreign bank in the United States;
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federally insured credit unions; savings associations; certain banking corporations authorized to do foreign banking business; federally-regulated trust banks or trust companies; certain brokers or dealers in securities; certain futures commission merchants or introducing brokers; and mutual funds.
The final rule is effective December 9, 2016.
FinCEN amends Bank Secrecy regulations
On November 4, 2016, the Financial Crimes Enforcement Network (FinCEN) published in the Federal Register a final rule that updates various sections of the regulations implementing the Bank Secrecy Act ("BSA") by removing or replacing outdated references to obsolete BSA forms, removing references to outdated recordkeeping storage media, and replacing several other outdated terms and references.
FinCEN has transitioned from industry-specific forms to an industry-wide, single BSA form for currency transactions-- the Bank Secrecy Act Currency Transaction Report. FinCEN has also replaced the five industry-specific suspicious activity reports with a combined suspicious activity report, the Bank Secrecy Act Suspicious Activity Report, which is now used by various financial industry segments. This final rule revises the BSA regulations by updating them to reflect the names of the new reports. The revised regulations also removes references to microfilm--that is no longer in wide use (or in many cases not even available) for copies of records required to be kept.
Finally, the final rule replaces several other outdated terms or references where appropriate such as the reference to filing reports with the Commissioner of Internal Revenue ("IRS"). Effective July 1, 2011, all BSA reports are electronically filed with FinCEN, not the IRS.
The updated regulations were effective on publication.
OFAC removes Liberian sanctions and fax on demand references
On November 4, 2016, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule removing from the Code of Federal Regulations the Former Liberian Regime of Charles Taylor Sanctions Regulations as a result of the termination of the national emergency on which the regulations were based. OFAC also is amending the Reporting, Procedures and Penalties Regulations and Appendix A to chapter V by making technical changes including to remove references to OFAC's fax-on-demand service in order to reflect the discontinuation of that service.
The revisions were effective on publication.
BIS seeks comments on effects of CWC on commercial activities
On November 30, 2016, the Bureau of Industry and Security (BIS) published in the Federal Register a notice of inquiry [Docket No. 161024999-6999-01] seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving "Schedule 1" chemicals during calendar year 2016. The purpose of the notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to Congress on whether the legit-
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imate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms are being harmed by such implementation. This certification is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the CWC.
Comments must be received by December 30, 2016.
BIS removes certain Nuclear Nonproliferation (NP) column 2 controls from CCL
On November 25, 2016, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 160718621-6621-01] that amends the Export Administration Regulations (EAR) to remove nuclear nonproliferation (NP) Column 2 license requirements from certain pressure tubes, pipes, fittings, pipe valves, pumps, numerically controlled machine tools, oscilloscopes, and transient recorders on the Commerce Control List (CCL). These changes are intended to revise the EAR controls on these items by making them more consistent with the export controls of other countries that manufacture these items and that, together with the United States, are participating countries in the Nuclear Suppliers Group (NSG). As a result of the changes made by this rule, some of these items are no longer listed under an Export Control Classification Number (ECCN) on the CCL. However, such items remain subject to the EAR under the designation EAR99. This rule also creates four new ECCNs to maintain antiterrorism (AT) controls on certain affected commodities and related "software" and "technology." All items subject to the EAR, regardless of whether they are listed on the CCL, may require a license for reasons described elsewhere in the EAR (e.g., license requirements based on end-user/end-use controls, embargoes, or other special controls).
This rule is effective on publication. However, "software" "specially designed" for the "development," "production," or "use" of items previously controlled under ECCN 3A292 will continue to be classified and licensed by BIS under the designation EAR99 through January 31, 2017. As of February 1, 2017, such "software" will be classified and licensed by BIS under ECCN 3D991.
BIS and State revise license requirements for military aircraft, gas turbine engines and related items
On November 21, 2016, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 151030999655202] that modifies the Commerce Control List (CCL) entries for two types of items: Military aircraft and related items, and military gas turbine engines and related items. The rule adds clarifying text to the descriptions of the types of military aircraft controlled on the CCL. The lists of items that are subject only to the anti-terrorism reason for control are clarified and expanded. This rule, which is being published simultaneously with a rule by the Department of State (see below), is based on a review of Categories VIII and XIX of the United States Munitions List (USML).
On November 21, 2016, the Department of State published in the Federal Register a final rule [Public Notice: 9604] that amends the International Traffic in Arms Regulations (ITAR) to revise Categories VIII (aircraft and related articles) and XIX (gas turbine engines and associated equipment) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The revisions contained in the rule are part of the Department of State's retrospective plan under E.O. 13563.
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Both rules are part of a plan to review rules published as part of the Export Control Reform Initiative (ECRI) and are effective December 31, 2016.
BIS extends validity of temporary general license
On November 18, 2016, BIS published in the Federal Register a final rule [Docket No. 160106014672804] revising the Temporary General License rule published on March 24, 2016 to remove the expiration date of November 28, 2016, and to substitute the date of February 27, 2017. The final rule published by BIS on March 24 created a temporary general license that restored, for a specified time period, the licensing requirements and policies under the Export Administration Regulations (EAR) for exports, reexports, and transfers (in-country) as of March 7, 2016, to two entities (ZTE Corporation and ZTE Kangxun) that were added to the Entity List on March 8, 2016. At this time, the U.S. Government has decided to extend the temporary general license until February 27, 2017. In order to implement this decision, the final rule revises the temporary general license to remove the expiration date of November 28, 2016, and to substitute the date of February 27, 2017. The final rule makes no other changes to the EAR.
BIS updates legal authority for EAR
On November 4, 2016, BIS published in the Federal Register a final rule [Docket No. 161012953-6953-01] that updates the Code of Federal Regulations (CFR) legal authority paragraphs in the Export Administration Regulations (EAR) to cite the most recent Presidential notice continuing an emergency declared pursuant to the International Emergency Economic Powers Act. This is a non-substantive rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR.
BIS amends EAR to update various arms embargoes and recognize India as member of MTCR
On November 4, 2016, BIS published in the Federal Register a final rule [Docket No. 160810723-6723-01] that amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cte d'Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).
United Nations Security Council Resolutions (UNSCRs) adopted in 2016 terminated arms embargoes against Cte d'Ivoire (UNSCR 2283) and Liberia (UNSCR 2288). The rule removes the United Nations Embargo (UN) controls on Cte d'Ivoire and Liberia by removing those countries from the names of UNSC arms embargoed countries in 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.
BIS is removing U.S. arms embargo-related controls on Sri Lanka to reflect the Consolidated Appropriations Act, 2016. On May 4, 2016, DDTC announced that it would begin reviewing license applications for Sri Lanka on a case-by-case basis. Accordingly, this rule removes Sri Lanka from Country Group D:5 in Supplement No. 1 to part 740 of the EAR. on May 23, 2016, in furtherance of deepening and broadening ties between the United States and Vietnam since the normalization of diplomatic relations. Accordingly, BIS removes Vietnam from Country Group D:5 in Supplement No. 1 to part 740 the EAR.
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On June 27, 2016, India acceded to the MTCR as the 35th member. BIS formally recognizes India's status as a member of MTCR by removing the reference to India as only an "MTCR adherent" from paragraph (d) of 742.5 of the EAR.
The revisions were effective on publication.
DDTC posts DECCS Release #1 on Commodity Jurisdictions
The Directorate of Defense Trade Controls (DDTC) has announced that beginning November 21, 2016 a new online system for Commodity Jurisdiction (CJ) determination requests will be available and the External Form Submission (EFS) will no longer be available to use for CJ determination requests. The last day to submit a CJ determination request through EFS is Wednesday, November 16, 2016. The posting said:
As part of the DDTC IT Modernization effort, DDTC has been diligently reviewing all current processes and procedures. In April of 2016 the updated data collection was approved for use by the Office of Management and Budget (OMB). Once approval was received, DDTC developed an updated external application for CJ determination requests as well as working in tandem with Defense Technology Security Administration (DTSA) to update the internal USXPORTS application. Therefore, on November 21, 2016 the new CJ application will be available as the first release of the Defense Export Control and Compliance System (DECCS). The new DECCS CJ application will replace of the Electronic Filing System (EFS) to submit a CJ determination requests. However, ELISA will still be available for users to track the status of their requests. Enhancements Coming Soon:
One Stop Shopping a single location to complete and submit the DS-4076. Web Based no more Adobe PDF forms. Digital Signature no more pen and ink signatures. Important Dates: November 16, 2016 Last day to submit a CJ request via the EFS applica-
tion. November 17 to 20, 2016 DDTC prepares for deployment. No CJ requests
will be accepted. November 21, 2016 DECCS CJ application is released. Important Links: PM/DDTC (pmddtc.state.gov) monitor for up to date announcements DECCS CJ (cj.pmddtc.state.gov) to access the new CJ application ELISA (elisa.dtsa.mil) to track your CJ request
Question regarding the above may be sent to the PM/DDTC Special Projects Team.
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS):
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F.R. Date
Applicable orders
11-01-16 11-03-16 11-04-16 11-14-16 11-17-16 11-18-16 11-23-16
11-25-16
11-28-16
OFAC: Sanctions Action Pursuant to Executive Order 13224 (N) [5 individuals]
OFAC: Additional Designations, Foreign Narcotics Kingpin Designation Act (N) [9 individuals] State: E.O. 13224 Designation of Abu Ali Tabatabai, aka Abu Ali Tabtabai, aka Abu `Ali Al-Tabataba'i, aka Haytham `Ali Tabataba'i, as a Specially Designated Global Terrorist [Public Notice 9781] (N) OFAC: Sanctions Action Pursuant to Executive Order 13224 (N) [2 individuals and 1 entity] State: In the Matter of the Amendment of the Designation of Al-Nusrah Front (and other aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice 9787] (N) State: In the Matter of the Amendment of the Designation of Al-Nusrah Front (and other aliases) as a Specially Designated Global Terrorist [Public Notice: 9788] (N) OFAC: Sanctions Action Pursuant to Executive Order 13224 (N) [four individuals] OFAC: Sanctions Actions Pursuant to Executive Order 13660 (N) [six persons]
OFAC: Unblocking of Specially Designated National and Blocked Person Pursuant to Executive Order 13391 (N) [one individual]
OFAC: Sanctions Actions Pursuant to the Foreign Narcotics Kingpin Designation Act and Executive Order 12978 (N) [removal of 8 individuals and 4 entities; updates to 2 individuals and 1 entity still blocked] State: E.O. 13224 Designation of Abdelilah Himich, aka Abu Suleyman alFaransi, aka Abu Suleyman al-Firansi, aka Abu Sulaiyman al Fransi, aka Abu Sulaiyman, aka Abu Suleyman, aka Abou Souleiman Al-Firansi, aka Abu Sulayman al-Faransi, aka Abu Souleymane, aka Abu Souleymane al-Faransi, aka Abu Souleymane the Frenchman, aka Abu Suleiman as a Specially Designated Global Terrorist [Public Notice: 9800] (N) State: E.O. 13224 Designation of Basil Hassan as a Specially Designated Global Terrorist [Public Notice: 9798] (N) State: E.O. 13224 Designation of Victor Quispe Palomino, aka Comrade Jose as a Specially Designated Global Terrorist [Public Notice: 9799] (N) State: E.O. 13224 Designation of Abdullah Ahmed al-Meshedani, aka Abdullah Ahmed al-Mashhadani, aka Abdullah Ahmad al-Mashhadani, aka Abu Qassim, aka, Abu Kassem, aka Abu al- Qasem, as a Specially Designated Global Terrorist [Public Notice: 9803] (N) E.O. 13224 Designation of Jorge Quispe Palomino, aka Comrade Raul as a Specially Designated Global Terrorist [Public Notice 9801] (N) E.O. 13224 Designation of Tarcela Loya Vilchez, aka Comrade Olga as a Specially Designated Global Terrorist [Public Notice: 9802] (N)
Commerce and State meetings and notices related to trade
F.R. Date
Subject
11-03-16 11-04-16 11-07-16 11-09-16
11-15-16
11-18-16 11-22-16
International Trade Adm. (ITA): U.S. Department of Commerce Trade Finance Advisory Council (N/H) [Nov. 18, 2016] ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty BIS: Proposed Information Collection; Comment Request; Voluntary SelfDisclosure of Antiboycott Violations (N) ITA: Proposed Information Collection; Comment Request; Information Collection for Self-Certification to the EU-U.S. Privacy Shield Framework (N) ITA: Notice and Request For Nominations From State, Local, and Municipal Governments To The Trade Promotion Coordinating Committee State and Federal Export Promotion Coordination Working Group; Extension of Deadline BIS: Proposed Information Collection; Comment Request; Voluntary Self- Disclosure of Violations of the Export Administration Regulations BIS: President's Export Council Subcommittee on Export Administration; Notice of Open Meeting (N/H) [Dec. 7, 2016]
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F.R. Date
Subject
11-23-16
BIS: Emerging Technology and Research Advisory Committee Notice of Open Meeting (N/H) [Dec. 15, 2016] BIS: Regulations and Procedures Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [Dec. 13, 2016]
ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N/H) [Dec. 7, 2016]
CPSC concludes initial test of ITDS/ACE electronic filing of targeting and enforcement data
On November 23, 2016, the Consumer Product Safety Commission (CPSC) published in the Federal Register a notice regarding the conclusion of CPSC International Trade Data System (ITDS) initial test concerning the electronic filing of targeting/enforcement data. The CPSC in consultation with U.S. Customs & Border Protection (CBP) previously announced a test to assess the electronic filing of certain data via the Partner Government Agency (PGA) Message Set to the CBPauthorized Electronic Data Interchange (EDI) system known as the Automated Commercial Environment (ACE). Test participants collaborated with CBP and CPSC in examining the effectiveness of the "single window" capability and assessing the concept of a data registry (the Product Registry), maintained by CPSC. CBP and CPSC have determined that the test, which the CPSC refers to as the "eFiling Alpha Pilot," was successful, in that participating firms were able to file CPSC's PGA Message Set data as part of an ACE entry, CPSC was able to receive the PGA Message Set data from CBP, and CPSC was able to accept the data into CPSC's system for risk analysis. Accordingly, the notice announces that the initial test, the eFiling Alpha Pilot, will conclude on December 31, 2016.
CPSC publishes adjusted civil penalties amounts
On November 23, 2016, the Consumer Product Safety Commission (CPSC) published in the Federal Register a notice of adjusted maximum civil penalty amounts. In 1990, Congress enacted statutory amendments that provided for periodic adjustments to the maximum civil penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the maximum civil penalty amounts to $100,000 for each violation and $15,000,000 for any related series of violations. The CPSIA also revised the starting date, from December 1, 1994 to December 1, 2011, and December 1 of each fifth calendar year thereafter, on which the CPSC must prescribe and publish in the Federal Register, the schedule of maximum authorized penalties. As calculated in accordance with the amendments, the new amounts are $110,000 for each violation, and $16,025,000 for any related series of violations.
The new amounts will become effective on January 1, 2017.
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month:
F.R. Date
Subject
11-18-16 FTC: Used Motor Vehicle Trade Regulation Rule (FR)
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F.R. Date
Subject
11-21-16 11-22-16
CPSC: Safety Standard for Portable Generators (PR) CPSC: Conclusion of Consumer Product Safety Commission International Trade Data System Initial Test Concerning the Electronic Filing of Targeting/ Enforcement Data (N) CPSC: Civil Penalties; Notice of Adjusted Maximum Amounts (N)
TTB and ATF announcements and Federal Register documents
The Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have posted the following information or regulatory actions of interest to international traders :
Date
Subject
11-04-16 11-16-16
ATF: Agency Information Collection Activities; Proposed eCollection eComments Requested; Application and Permit for Permanent Exportation of Firearms (National Firearms Act) ATF F 9 (5320.9) [OMB Number 1140-0008] (N)
ATF: Commerce in Explosives; 2016 Annual List of Explosive Materials [Docket No. 2016R02] (N)
FDA adopts rule for filing import data in ACE
On November 29, 2016, the Food and Drug Administration (FDA) published in the Federal Register a final rule [Docket No. FDA-2016-N-1487] to establish requirements for the electronic filing of entries of FDA-regulated products in the Automated Commercial Environment (ACE) or any other electronic data interchange (EDI) system authorized by the U.S. Customs and Border Protection Agency (CBP), in order for the filing to be processed by CBP and to help FDA in determining admissibility of that product by increasing the opportunity for automated review by FDA's Operational and Administrative System for Import Support (OASIS). ACE is a commercial trade processing system operated by CBP that is designed to implement the International Trade Data System (ITDS), automate import and export processing, enhance border security, and foster U.S. economic security through lawful international trade and policy. FDA is a Partner Government Agency (PGA) for purposes of submission of import data in ACE. As of July 23, 2016, ACE became the sole EDI system authorized by CBP for entry of FDAregulated articles into the United States. We also updated certain sections of FDA regulations related to imports. This rule will facilitate effective and efficient admissibility review by the Agency and protect public health by allowing FDA to focus its limited resources on those FDA-regulated products being imported or offered for import that may be associated with a greater public health risk.
This rule is effective December 29, 2016.
FDA announces guidance for Voluntary Qualified Importer Program
On November 14, 2016, the Food and Drug Administration (FDA) published in the Federal Register a notice [Docket No. FDA-2011-N-0144] announcing the availability of a guidance for industry entitled "FDA's Voluntary Qualified Importer Program." The guidance describes the Voluntary Qualified Importer Program (VQIP), which provides for expedited review and importation of food offered for importation by importers who voluntarily agree to participate in the program. The guidance describes the eligibility criteria for, and benefits of, participation in VQIP. The guidance also provides information on submitting an application for VQIP participation, obtaining a facility certification for the foreign supplier of a food imported under VQIP, the VQIP user fee, conditions that might result in the revocation of
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VQIP eligibility, and criteria for reinstatement of eligibility. The guidance represents the current thinking of FDA on this topic. It does not establish any rights for any person and is not binding on FDA or the public. An alternative approach may be used if it satisfies the requirements of the applicable statutes and regulations.
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
11-01-16
11-02-16 11-07-16 11-08-16 11-10-16 11-14-16 11-16-16 11-18-16 11-21-16 11-22-16
11-23-16
11-25-16 11-29-16
Listing of Color Additives Exempt From Certification; Titanium Dioxide and Listing of Color Additives Subject to Certification; [Phthalocyaninato (2-)] Copper [Docket No. FDA2016F0821] (FR) What You Need To Know About the Food and Drug Administration Regulation: Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food; Small Entity Compliance Guide; Availability [Docket No. FDA2011N0920] (N) What You Need To Know About the Food and Drug Administration Regulation: Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals; Small Entity Compliance Guide; Availability [Docket No. FDA2011N0922] (N) Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products That Can Be Used To Fill Cupcakes and Other Desserts, in the Labeling of Human Food Products; Request for Information and Comments [Docket No. FDA-2016-N-2938] (N/RFC) Revision of Organization and Conforming Changes to Regulation [Docket No. FDA-2012-N-0222] (FR) Questions and Answers Regarding Food Facility Registration (Seventh Edition); Draft Guidance for Industry; Availability [Docket No. FDA-2012-D-1002] (N) Medical Device Reporting for Manufacturers; Guidance for Industry and Food and Drug Administration Staff; Availability [Docket No. FDA2013D0743] (N) Product Labeling for Certain Ultrasonic Surgical Aspirator Devices; Draft Guidance for Industry and Food and Drug Administration Staff; Availability [Docket No. FDA2016D3275] (N) Voluntary Qualified Importer Program; Guidance for Industry; Availability [Docket No. FDA-2011-N-0144] (N) Refuse To Accept Procedures for Premarket Tobacco Product Submissions; Withdrawal [Docket No. FDA2016N1555] (FR/W) Use of The Seafood List To Determine Acceptable Seafood Names; Draft Compliance Policy Guide; Availability [Docket No. FDA2016D3004] (N) Substantiation for Structure/Function Claims Made in Infant Formula Labels and Labeling: Draft Guidance for Industry; Reopening of the Comment Period [Docket No. FDA2016D2241] (N/RO) Indirect Food Additives: Paper and Paperboard Components [Docket No. FDA 2016F1153] (FR) Food Labeling [correction to 21 C.F.R. 101.11] Food Labeling [correction to 21 C.F.R. 101.9] Food Labeling [correction to 21 C.F.R. 101.10] Contract Manufacturing Arrangements for Drugs: Quality Agreements; Guidance for Industry; Availability [Docket No. FDA-2013-D-0558] (N) Nonprescription Sunscreen Drug Products--Format and Content of Data Submissions; Guidance for Industry; Availability [Docket No. FDA-2015-D-4033] (N) Nonprescription Sunscreen Drug Products--Safety and Effectiveness Data; Guidance for Industry; Availability [Docket No. FDA-2015-D-4021] (N) Uniform Compliance Date for Food Labeling Regulations [Docket No. FDA2000-N-0011] (FR) New Animal Drugs for Use in Animal Feed; Category Definitions; Confirmation of Effective Date [Docket No. FDA-2016-N-1896] (FR) Submission of Food and Drug Administration Import Data in the Automated Commercial Environment [Docket No. FDA-2016-N-1487] (FR)
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F.R. Date
Subject
11-30-16
Food Additives Permitted in Feed and Drinking Water of Animals; Guanidinoacetic Acid [Docket No. FDA-2015-F-2337] (FR)
CCC issues final rule on Cotton and Wool Apparel Manufacturers Trust Fund programs
On November 18, 2016, the Foreign Agricultural Service (FAS) and Commodity Credit Corporation (CCC) published in the Federal Register a final rule that makes amendments to the final rule, with request for comments, published in the Federal Register on March 9, 2015, that established regulations for the Pima Agriculture Cotton Trust Fund (Agriculture Pima Trust) and the Agriculture Wool Apparel Manufacturers Trust Fund (Agriculture Wool Trust) programs. The final rule is amended based on comments received and to add details for the Refund of Duties Paid on Imports of Certain Wool Products (Wool Duty Refund) payment. The administration of the Wool Duty Refund payment was transferred to the United States Department of Agriculture (USDA) beginning in calendar year (CY) 2016 and assigned to the Foreign Agricultural Service (FAS). It was previously administered by U.S. Customs and Border Protection (CBP), Department of Homeland Security. The final rule is effective November 18, 2016.
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service, CCC= Commodity Credit Corporation]:
F.R. Date
Subject
11-08-16 11-16-16 11-18-16
11-23-16 11-25-16
APHIS: Viruses, Serums, Toxins, and Analogous Products; Packaging and Labeling [Docket No. APHIS-2008-0008] (FR/T) FSIS: Nutrition Facts Label Compliance [Docket No. FSIS20160030] (N) APHIS: International Sanitary and Phytosanitary Standard-Setting Activities [Docket No. APHIS20160060] (N) FAS/CCC: Pima Agriculture Cotton Trust Fund and Agriculture Wool Apparel Manufacturers Trust Fund (FR) AMS: Raisins Produced from Grapes Grown in California and Imported Raisins; Removal of Language [Doc. No. AMS-SC-16-0065; SC16-989-2 FR] (FR) AMS: United States Standards for Grades of Frozen Onions [Doc.No. AMS-FV08-0076; SC-16-334] (N/RFC) AMS: U.S. Standards for Grades of Shelled Walnuts and Walnuts in the Shell [Document Number AMS-SC-16-0005, SC-16-331] (PR)
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) series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website.
Australia - FAIRS - Narrative 31 International Trade Compliance Update December 2016
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Austria - FAIRS - Certification Brunei - Exporter Guide Annual 2016 Canada - Health Canada Consults on Front-of-Package Nutrition Labeling Canada - Quebec Proposes Changes to Various Alcoholic Beverages Regulations Canada -Health Canada Consults on Banning Partially Hydrogenated Oils in Food China - China Administrative Measures on Entry Aquatic Animals China - China Releases New Draft Standards on Maximum Residue Limits EAEU - Draft decision on approval of EAEU Rules of Origin EU - Certification and Labeling for EU Whey Protein Supplements France - Exporter Guide Germany - German Cabinet presents draft legislation to ban GE cultivation Guatemala - Guatemala removes trade barrier but next steps unclear India - WTO Notified Draft Standards for Fish and Fish Products Malaysia - Exporter Guide Philippines - Philippine Rice Quantitative Restrictions to Expire in 2017 Poland - Made in Poland logo to be implemented on January 1 2017 Russia - GOR Modifies Draft Regulation on Phyto Control of Imported Planting Russia - Several Fish Fry Species Excluded from Russia's Countersanctions Saudi Arabia - FAIRS - Certification Spain - Exporter Guide Taiwan - Labeling Requirement for Food Grade Dairy Powder Exported to Taiwan Thailand - Additional Certificate and Labelling Requirements for Some Fruits Thailand - Changes in Inspection Fees for Imported and Domestic Uncooked Meat Ukraine - FAIRS - Certification Venezuela - Temporary Zero Tariffs for Agricultural Products and Live Animals Vietnam - GVN Renews Regulations on Terrestrial Animals and Animal Products
CITA issues determination under US-Colombia TPA
On November 28, 2016, the Committee for the Implementation of Textile Agreements (CITA) published in the Federal Register a determination that certain 100% rayon twill challis fabric, as specified in the Federal Register document, is not available in commercial quantities in a timely manner in the territory of either the United States or Colombia. The product will be added to the list in Annex 3B of the U.S.-Colombia TPA in unrestricted quantities.
Federal Register documents
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
F.R. Date
Subject
11-01-16 11-02-16
Energy: Energy Conservation Standards for Commercial and Industrial Fans and Blowers: Availability of Provisional Analysis Tools [Docket No. EERE 2013BTSTD0006] (N)
US Fish and Wildlife Service (FWS): Endangered and Threatened Wildlife and Plants; Adding Ten Species and Updating Five Species on the List of Endangered and Threatened Wildlife [Docket No. FWSHQES20160109;
32 International Trade Compliance Update December 2016
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F.R. Date
Subject
11-03-16 11-04-16 11-07-16 11-08-16 11-09-16
11-10-16
11-14-16 11-15-16 11-16-16 11-17-16
4500030113] (FR) Environmental Protection Agency (EPA): Registration Review; Conventional, Biopesticide and Antimicrobial Pesticides Dockets Opened for Review and Comment [EPAHQOPP20150762; FRL995306] (N/RFC) Energy: Energy Conservation Program: Test Procedures for Integrated LightEmitting Diode Lamps [Docket No. EERE-2016-BT-TP-0037] (PR) United States Patent and Trademark Office (USPTO): International Trademark Classification Changes [Docket No. PTO-T-2016-0038] (FR) National Highway Traffic Safety Administration (NHTSA)/ Federal Motor Carrier Safety Administration (FMCSA): Federal Motor Vehicle Safety Standards; Federal Motor Carrier Safety Regulations; Parts and Accessories Necessary for Safe Operation; Speed Limiting Devices [Docket No. NHTSA20160087 and Docket No. FMCSA20140083] (PR/E) EPA: Fluxapyroxad; Pesticide Tolerances [EPA-HQ-OPP-2016-0380; FRL9953-87] (FR) Energy: Energy Conservation Program: Test Procedures for Manufactured Housing [Docket No. EERE-2016-BT-TP-0032] (PR) NHTSA: Federal Motor Vehicle Safety Standards; Tire Selection and Rims [Docket No. NHTSA-2016-0058] (FR) Energy: Energy Conservation Program: Test Procedure for Commercial Packaged Boilers [Docket No. EERE-2014-BT-TP-0006] (FR) Energy: Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedure for Commercial Water Heating Equipment [Docket No. EERE-2014-BT-TP-0008] (FR) EPA: 2-Pyrrolidinone, 1-butyl-; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2015-0655; FRL-9953-82] (FR) EPA: Clomazone; Pesticide Tolerances [EPA-HQ-OPP-2015-0712; FRL-995388] (FR) EPA: Di-n-butyl Adipate; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2015-0631; FRL-9954-58] (FR) EPA: Iron Oxide Yellow; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2016-0159; FRL-9953-21] (FR) EPA: Prothioconazole; Pesticide Tolerances [EPA-HQ-OPP-2015-0722; FRL9953-71] (FR) EPA: Trifloxystrobin; Pesticide Tolerances [EPA-HQ-OPP-2015-0745; FRL9954-04] (FR) EPA: Certain New Chemicals; Receipt and Status Information for August 2016 [EPA-HQ-OPPT-2016-0483; FRL-9952-84] (N) EPA: Certain New Chemicals; Receipt and Status Information for September 2016 [EPA-HQ-OPPT-2016-0484; FRL-9954-52] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA-HQ-OPP-2015-0021; FRL-9954-05] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA-HQ-OPP-2015-0021; FRL-9954-07] (N) EPA: Receipt of Information Under the Toxic Substances Control Act [EPAHQ-OPPT-2013-0677; FRL-9954-24] (N) Drug Enforcement Administration (DEA): Schedules of Controlled Substances: Temporary Placement of U-47700 into Schedule I [Docket No. DEA-440] (FO) Energy: Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Final Determination of Compressors as Covered Equipment [Docket No. EERE-2012-BT-DET-0033] (FR) Energy: Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Open Meetings for the Circulator Pumps Working Group To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Conservation Standards and Test Procedures [Docket Number EERE2016BTSTD 0004] (N/H) EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for October 2016 [EPAHQOPPT20160511; FRL995484] (N) EPA: Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Notification of Chemical Exports-TSCA Section 12(b) [EPAHQOPPT20150435; FRL995431OEI] (N)
33 International Trade Compliance Update December 2016
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F.R. Date
Subject
11-18-16 11-21-16 11-22-16
11-28-16 11-29-16 11-30-16
EPA: Chlorpyrifos; Tolerance Revocations; Notice of Data Availability and Request for Comment [EPAHQOPP20150653; FRL995465] (PR) EPA: Significant New Use Rules on Certain Chemical Substances [EPAHQ OPPT20160207; FRL995341] (N) EPA: Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses [EPAHQ OPP20160577; FRL995355] (N) EPA: Registration Review; Draft Malathion Human Health Risk Assessment; Extension of Comment Period [EPAHQOPP20090317; FRL995518] (N/E) EPA: Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements Under the Clean Air Act [EPAHQOAR20150453; FRL995028OAR] (FR) EPA: Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations [EPAHQOPP20160517; FRL995356] (N) EPA: Endothall; Pesticide Tolerances [EPAHQOPP20140613; FRL 995397] (FR) Nuclear Regulatory Commission (NRC): Revisions to Transportation Safety Requirements and Compatibility With International Atomic Energy Agency Transportation Standards [NRC20160179] (N/H/RFC) EPA: Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses [EPAHQ OPP20160618; FRL995480] (N) EPA: Spodoptera frugiperda Multiple Nucleopolyhedrovirus Strain 3AP2; Exemption From the Requirement of a Tolerance [EPAHQOPP20150488; FRL995340] (FR) Export-Import Bank: Proposal To Adopt the 2010 Small Business Jobs Act Interim Rule as an Alternative Size Standard for Defining a Small Business for Export-Import Bank Programs [Public Notice EIB20160004] (N/RFC) EPA: Certain New Chemicals; Receipt and Status Information for October 2016 [EPAHQOPPT20160485; FRL995535] (N) EPA: Internet Posting of and Confidentiality Determinations for Hazardous Waste Export and Import Documents [EPAHQOLEM20160492; FRL 995426OLEM] (PR)
EPA: Alkylpyrrolidones; Significant New Use Rule [EPAHQOPPT2015 0387; FRL994553] (PR)
EPA: Hazardous Waste Export-Import Revisions [EPAHQRCRA2015 0147; FRL994774OLEM] (FR) FWS: Endangered and Threatened Wildlife and Plants; Listing the Hyacinth Macaw [Docket No. FWSR9ES20120013; 4500030115] (PR) NHTSA: Vehicle Defect Reporting Requirements [NHTSA20150096] (PR) DEA: Schedules of Controlled Substances: Temporary Placement of Furanyl Fentanyl into Schedule I [Docket No. DEA-448] (Final Order) NHTSA: Federal Automated Vehicles Policy [Docket No. NHTSA20160090, Notice 3] (N/H) [December 12, 2016] EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2015-0032; FRL9954-06] (N)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
34 International Trade Compliance Update December 2016
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The Americas - South America
Argentina
Boletin Oficial publications
The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation].
BO Date
Subject
01-11-16
02-11-16
15-11-16 16-11-16 30-11-16
National Adm. of Medicines, Food and Medical Technology (ANMATM): Disp. 11957/2016 (27-11-16) Prohibition on the use and marketing of medical products
ANMATM: Disp. 11958/2016 (27-11-16) Prohibition on the use and marketing of medical products
ANMATM: Disp. 11958/2016 (27-11-16) Prohibition on the use and marketing of medical products
ANMATM: Disp. 11960/2016 (27-10-16) Prohibition on the use and marketing of household products
Federal Administration of Public Revenue (AFIP): General Resolution 3951 (01-11-16) Process. Law No. 27,260. Book II. Title I "voluntary reporting system and outstanding tenure domestic, foreign and other goods in the country and abroad currency". Title VII, Article 85. General Resolution No. 3,919, as
amended and supplemented. amending standard.
ANMATM: Disp. 12651/2016 (11-11-16) Marketing ban on certain foodstuffs ANMATM: Disp. 12652/2016 (11-11-16) Marketing ban on certain foodstuffs ANMATM: Disp. 12659/2016 (11-11-16) Marketing ban on certain foodstuffs ANMATM: Disp. 12657/2016 (11-11-16) Marketing ban on certain cosmetics ANMATM: Disp. 12660/2016 (11-11-16) Marketing ban on certain foodstuffs Decree 1205/2016 (29-11-16) Definitive Regime for the Importation of Used Consumer Goods
Brazil
Dirio Oficial da Unio publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Dirio Oficial da Unio (Official Gazette) during the period covered by this Update.
DOU Date
Subject
01-11-16
CAMEX Res. 99 (31-10-16) Clarifies that speakers for computer goods and telecommunications, identified in this resolution when originating in China, are not subject to the levy of anti-dumping duty imposed by CAMEX Resolution 101 of 28 November 2013.
CAMEX Res. 100 (31-10-16) Maintains zero rate of import duty applicable to p-Xylene in Brazilian Exceptions List the Common External Tariff of Mercosur under quota and deadline constraints.
CAMEX Res. 101 (31-10-16) Provides for the granting of import licenses for the special arrangements for temporary admission of goods imported under the terms of the ATA Carnet.
CAMEX Res. 102 (31-10-16) Changes the representatives and substitute of the Secretariat of the Ministry of Treasury of Finance and the principal representative of the Ministry of Foreign Affairs in the Export Financing and Guarantee Committee - COFIG
CAMEX Res. 103 (31-10-16) Changes the auto parts list in Annex I of
35 International Trade Compliance Update December 2016
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DOU Date
Subject
03-11-16 10-11-16 14-11-16
28-11-16
CAMEX Resolution 116 of 18 December 2014. CAMEX Res. 105 (31-10-16) Approves the Regulation of Use of Geographical Indication "Cachaa" according to technical criteria defined by the Ministries
of Industry, Foreign Trade and Services and Agriculture, Livestock and Supply,
within their respective competences.
CAMEX Res. 107 (31-10-16) Changes to 2% (two percent) the rates of import duty levied on Informatics and Telecommunications goods, the ex-tariff
condition
CAMEX Res. 108 (31-10-16) Changes to 2% (two percent) the rates of import duty levied on Informatics and Telecommunications goods, the ex-tariff
condition
SECEX Ordinance 46 (01-11-16) Establishes criteria for quota allocation for import, determined by CAMEX Resolution No. 100 of October 31, 2016
CAMEX Res. 109 (08-11-16) Changes the Brazilian Exceptions List the Common External Tariff of Mercosur.
CAMEX Res. 110 (08-11-16) Grants temporary reduction in the rate of import duty of vaccine against Hepatitis A under Resolution n 08/08 of the MER-
COSUR Common Market Group.
SECEX Ordinance 47 (11-11-16) Establishes criteria for allocating quotas for imports, determined by CAMEX Resolutions 109 and No. 110, both of 8 No-
vember 2016. Corrected in DOU of 22-11-16
CAMEX Res. 112 (23-11-16) Changes the constant auto parts list in Annexes I and II of CAMEX Resolution 116, of December 18, 2014. CAMEX Res. 113 (23-11-16) Changes to 2% (two percent) the rates of import duty levied on Informatics and Telecommunications goods, the ex-tariff
condition
CAMEX Res. 114 (23-11-16) Changes to 0% and 2% (zero and two percent) the rates of import duty levied on capital goods, the ex-tariff condition.
CAMEX Res. 122 (23-11-16) Approves the procedural rules of the National Committee of Trade Facilitation - Confac
CAMEX Res. 123 (23-11-16) Changes the Brazilian Exceptions List the Common External Tariff of Mercosur.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Chile
National Customs postings and Diario Oficial
The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la Repblica de Chile (Official Gazette) or [Partial list; Unofficial translation].
Date
Subject
12-11-16 17-11-16 24-11-16
28-11-16 29-11-16
Hacienda: Resolution No. 6,562, of 2016.- Amendment Compendium of Customs Regulations Hacienda: Exempt Decree No. 400 of 2016.- law establishes dumping duty on imports of steel bars originating in Mexico Hacienda: Decree No. 315/ 2016.-Declaration of Agro IFT 2017 as International Fair Hacienda: Exempt Decree No. 406 of 2016.- Apply cuts customs duties for the import of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4 and substandard Agriculture: Exempt Resolution number 6,435, of 2016.- Modifies Resolution
36 International Trade Compliance Update December 2016
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Date
Subject
No. 2,677, of 1999, which establishes regulations to import grain and other products destined for consumption and industrialization Hacienda: Exempt Resolution number 6,992, of 2016.- Amendment Compendium of Customs Regulations
Classification opinions, advance rulings and classification valuation and origin decisions
The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificacin) from 2010 to the present are available. Post entry Classification, valuation and origin decisions on claims (fallos de reclamaciones) at the first and second instance levels from 2003 to the present are also available.
Colombia
TPTA information
Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here.
Tariff Classification Resolutions
Tariff Classification Resolutions issued in 2013 may be found here. For prior years, please see here.
Peru
Tariff Classification database
A searchable Tariff Classification Resolution (ruling) database (from 2006 through the present) is available. It may be searched by the tariff number, resolution number, or description. The database currently has approximately 7400 resolutions, some with photographs.
SUNAT and El Peruano publications
The following documents of interest to international traders were posted during the past month by SUNAT (National Customs Superintendent and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (ddmm-yy):
Date
Subject
04-11-16 10-11-16
Foreign Trade and Tourism: Ministerial Resolution No. 364-2016-MINCETUR / DM Formalize the creation of the Executive Unit 005: Trade Single Window Exterior- Second Stage; which it will operate from fiscal year 2017 and make up your technical team
External Relations: Supreme Resolution No. 247-2016-RE Delegated powers to the Ambassador of Peru in the Kingdom of Belgium to sign the Protocol of Accession of the Trade Agreement between the European Union and its Member States on the one hand and Colombia and Peru on the other to take account of the accession of Ecuador Economy and Finance: Vice Ministerial Resolution No. 015-2016-EF / 15.01 Reference prices and additional variables rights referred to Supreme Decree No. 115-2001-EF applicable to imports of sugar corn rice and whole milk powder
37 International Trade Compliance Update December 2016
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Date
Subject
12-11-16 22-11-16 23-11-16 24-11-16
26-11-16
28-11-16 30-11-16
Agriculture and Irrigation: Directorial Resolution No. 0027-2016-MINAGRISENASA-DSA Establish specific health requirements mandatory for the importation of camels / dromedaries from Spain SUNAT: Resolution No. 42-2016-SUNAT / 5F0000 General Procedure Authorization modify Operators Foreign Trade INTA-PG.24 (version 3) SUNAT: Resolution No. 43-2016 / SUNAT / 5F0000 General Procedure approved Customs Control Actions INPCFA-PG.01 (version 2) SUNAT: Resolution No. 102-2016-SUNAT / 800000 Institutional Holders designate and Deputy Fedatarios of the Municipality of Air Customs and Postal SUNAT: Resolution No. 104-2016-SUNAT / 80000 Fedatarios institutional holder and designated alternate from the National Administration of Chemical Inputs and Controlled Goods SUNAT: Resolution No. 45-2016 / SUNAT / 5F0000 Specific Physical modify Recognition Procedure - Extraction and Sample Analysis INTA - PE.00.03 (version 3) and Instructive Customs Goods Declaration (DAM) INTA- IT.00.04 (version 2) SUNAT: Resolution No. 00039-2016-SUNAT / 300000 Replaced ratio frequent importers approved by Resolution of Customs Deputy National Superintendency No. 00031-2015-SUNAT / 300000 Legislative Decrees: legislative Decree No. 1249 Legislative decree dictates measures to strengthen the prevention, detection and punishment of money laundering and terrorism National Institute of Antitrust and Protection of Intellectual Property (INDECOPI): Resolution No. 207-2016 / CDB-INDECOPI Initiation of procedure of the expiry of measures to dumping duties on imports of footwear (excluding chalas and sandals) with the top of any material (except textile) originating in the People's Republic of China SUNAT: Resolution No. 312-2016 / SUNAT Responsible as Head of the Office of Ombudsman Taxpayer and Customs User SUNAT SUNAT: Resolution No. 311-2016 / SUNAT Modify the Superintendency Resolutions s. 185-2015 / SUNAT 203-2015 / SUNAT and 255-2015 / SUNAT
Venezuela
Official Gazette
Date
Subject
27-10-16 04-11-16
Agriculture and Productive Lands: Resolution which is incorporated into national law, the MERCOSUR / CMC / DEC No. 25/05, Action Programme Mercosur free of FMD. Decision Food/ Agriculture/Health: Joint resolutions that are incorporated into national law, the resolutions of MERCOSUR listed therein. Presidency: Decree No. 2,503, whereby qualify as necessities or consumer for the purposes of benefit provided for in Article 127 of Decree No. 1,416, dated November 13, 2014, with Rank, Value and Force Customs law, goods falling within subheading Customs Tariff mentioned therein. Central Bank of Venezuela: Official notice by which informs the Integrated Customs and Tax Administration (SENIAT) National Service and the General Public that the exchange rate applicable for the purposes of conversion of foreign currency for the determination of the tax base tax obligations arising from customs transactions processed by subjects mentioned therein, provided for in Article 1 of Convention No. 35.
38 International Trade Compliance Update December 2016
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Asia-Pacific
[Please note that material pertaining to the Eurasian Economic Union (EAEU) and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the Kyrgyz Republic is shown under EUROPE.]
Australia
Bill to implement the Expanded Information Technology Agreement introduced
On 20 October 2016, the Assistant Minister for Immigration and Border Protection introduced the Customs Tariff Amendment (Expanded Information Technology Agreement Implementation and Other Measures) Bill 2016 (the Bill) into the House of Representatives. Subject to the Bill becoming an act of Parliament it will amend the Customs Tariff Act 1995 (the Customs Tariff Act) to incrementally reduce customs duty rates to `Free' on a range of information technology products.
The Bill gives effect to Australia's obligations under the World Trade Organization's Expanded Information Technology Agreement (the Expanded ITA) and the 2016-17 Budget Measure `World Trade Organization Information Technology Agreement'. The Australian Government consulted domestic manufacturers and importers during the Expanded ITA negotiation process in 2012-15.
Further information including the text of the Bill, explanatory memorandum and second reading speech can be found on the Parliament House website.
The Bill contains two schedules. The amendments to give effect to the Expanded Information Technology Agreement are in Schedule 1. Schedule 2 contains other minor technical amendments that serve to reduce the size to the Customs Tariff by removing a large number of obsolete customs duty rates.
Timing of reductions
The first incremental customs duty rate reductions will occur on 1 January 2017. Annual reductions will then commence from 1 July 2017 until 1 July 2021.
Staging categories
The size and timing of the reduction to customs duty rates is determined by the staging category assigned to each affected tariff subheading. There are seven staging under the Expanded ITA outlined in Table 1. The staging category assigned to an individual tariff subheading is determined by the commitments made under the Expanded ITA.
The details of the staging categories, including the tariff subheadings assigned to each staging category can be found at Attachment A to Department of Immigration and Border Protection (DIBP) Notice No. 2016/36.
Concordance
New tariff classifications have been created to separately identify specific information technology products. This will result in a transfer of goods between tariff subheadings. A concordance of the amendments proposed by the Bill is at Attachment B to DIBP Notice No. 2016/36. This information is a guide only. For entry purposes, goods should still be classified in accordance with all of the relevant provisions of the Customs Tariff Act.
Other measures
The amendments to the Customs Tariff Act proposed in Schedule 2 of the Bill are minor technical amendments and remove redundant information. These amendments will not change the collection of customs duties.
Interaction with the 2017 Harmonized System Changes
39 International Trade Compliance Update December 2016
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The provisions in the Bill are drafted to be consistent with the amendments proposed by the Customs Tariff Amendment (2017 Harmonized System Changes) Bill 2016 (the Harmonized System Bill), which is currently before the Parliament (see DIBPN 2016/34).
Subject to both Bills becoming Acts of Parliament, the provisions in Schedule 1 of the Bill will commence immediately following the Harmonized System Bill.
The provisions in Schedule 2 will commence 28 days after the Bill receives Royal Assent.
Working pages
Subject to the Bill becoming an Act of Parliament, relevant tariff working pages will be made available prior to 1 January 2017.
The Bill introduces new subheadings, where required, to separately identify specific goods. Any margins of tariff preference will be maintained. The Bill also makes relevant corresponding changes to Schedules 5 to 12.
DIBP notices and advices
The following Department of Immigration and Border Protection (DIBP) Notices and Cargo advices (ACCA) were issued during the period covered by this Update:
Date
Series and
Title
Introduction of the Customs Tariff Amendment (Expanded
07-11-16 DIBP 2016/36 Information Technology Agreement Implementation and Other Measures) Bill 2016
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 02-11-16 09-11-16 16-11-16
21-11-16
23-11-16 30-11-16
Matter
TC16-42 TC16-43
TC16-44 Charter of the United Nations Act 1945 Listing Declaration (No. 4) 2016 Charter of the United Nations Act 1945 Listing Declaration (No. 5) 2016 Charter of the United Nations Act 1945 Listing Declaration (No. 6) 2016 TC16-45 TC16-46
Australian Tariff Precedents
The Department of Immigration and Border Protection (DIBP) and one of its predecessors, Australian Customs and Border Protection Service (ACBP) publish and post its Tariff Precedent Files. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
40 International Trade Compliance Update December 2016
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China (including Hong Kong SAR)
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy):
Date 09-20-16
Series and GAC 52
09-26-16 GAC Decree 230
10-20-16
GAC 59
10-21-16
GAC 60
10-25-16 MOFCOM Ann. 58
10-28-16
GAC 61
10-29-16
GAC 62
10-30-16 MOFCOM Ann. 60
11-02-16 MOFCOM 63
11-02-16 MOFCOM 64
11-07-16 MOFCOM 66
11-07-16 MOFCOM 67
11-16-16 11-17-16
GAC 63 MOFCOM 70
11-18-16
GAC 65
11-24-16
GAC 66
11-30-16
MOFCOM 74 GAC 73 GAC 74
Subject
Submission of Imported Cargo Documents under the Preferential Trade Arrangements by Hong Kong and Macao Measures for the Implementation of the Regulations of the People 's Republic of China on Customs Examinations Announcement of, and Abolishment of, Certain Commodity Classification Decisions Announcement on Launching the Paperless Trial Operation for Customs Clearance of Imported Veterinary Drugs Guiding Catalogue of key areas of export services Announcement on the Format of Legal Documents Involving the Implementation of the Measures for the Implementation of the Customs Inspection Act of PRC import and export enterprises guidance on tariff Promulgating the total export quotas of industrial and agricultural products in 2017 Ferroalloy Export license Application Conditions and Procedures Phosphate ore export quota declaration conditions, reporting, and distribution Promulgating detailed rules for administration of Wool Import TRQ in 2017 Application procedures and principles for distribution of non-State trade Imports Permits for fuel oil Promulgated on the Pilot Project of Expanding the Mode of Market Procurement Trade 2017 Export quotas of licorice and its products Promulgating the Announcement of the National Annotations on the Import and Export Tariff of the People' s Republic of China (2016 New and Adjustment Part
Announcement on Piloting "Auxiliary Inquiry System for Sorted Precedents" 2016 Quantity, Application procedures and principles for distribution of non-State trade Imports Permits for fuel oil Announcement on Expanding the Scope of Pilot Reform of Tax Collection and Management Mode Announcement on the Adjustment of the Consumption Tax Policy of Automobiles
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
41 International Trade Compliance Update December 2016
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India
Other CBEC notifications, circulars and instructions
The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Cir) and instructions (other than antidumping, countervailing duty and safeguard) were issued during the period covered by this Update:
Date
Series and
Subject
CBEC
02-11-16 134/2016-Cus (NT) Deferred Payment of Import Duty Rules, 2016
02-11-16 135/2016-Cus (NT) Deferred Payment of Import Duty Rules, 2016
03-11-16
136/2016-Cus (NT)
Rate of exchange of conversion of the foreign currency with effect from 04 November, 2016
Tariff Notification in respect of Fixation of Tariff Value of 15-11-16 137/2016-Cus (NT) Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold
and Sliver
17-11-16
138/2016-Cus (NT)
Rate of exchange of conversion of the foreign currency with effect from 18th November, 2016
139/2016-Cus (NT)
Amendment to Notification no. 12/97-Customs dated 2nd April 1997
25-11-16
Rescinds Publication of Daily List of Imports & Exports
140/2016-Cus (NT) Rules, 2004- Notification No. 128/2004- Cus (N.T.) dated 19th November, 2004
141/2016-Cus (NT) Regarding appointment of Common Adjudicating Authority
29-11-16
142/2016-Cus (NT)
Courier Imports and Exports (Clearance) Amendment Regulations, 2016
143/2016-Cus (NT)
Rate of exchange of conversion of the foreign currency with effect from 30th November, 2016
Tariff Notification in respect of Fixation of Tariff Value of 30-11-16 144/2016-Cus (NT) Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold
and Sliver
09-11-16
Cir. 51/2016
Rebate of State Levies on Export of Garments- revised rates
15-11-16 Cir. 52/2016 Regarding deferred payment of Customs duty
18-11-16 Cir. 53/2016 Regarding clearance of import of metal scrap-Procedure
22-11-16
Cir. 54/2016
Regarding further rationalization of revised simplified procedure for fixation of brand rates
23-11-16 Cir. 55/2016 Regarding elimination of printing of documents
24-11-16 Cir. 56/2016 Regarding abolition of Mate receipt
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Malaysia
Federal Government Gazette
The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette
Date 04-11-16 09-11-16
Matter
P.U. (B) 462/2016 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (A) 292/2016 Customs Duties (Exemption) (Amendment) (No. 5) Order 2016 - Customs Act 1967
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Date 16-11-16 21-11-16
23-11-16
Matter
P.U. (A) 294/2016 Customs (Amendment) (No. 5) Regulations 2016 - Customs Act 1967 P.U. (B) 491/2016 Notification of Values of Crude Palm Oil Under Section 12 Customs Act 1967 P.U. (B) 493/2016 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 494/2016 Notification of Values of Palm Kernel Under Section 12 - Customs Act 1967
Customs rulings
Monthly compendiums of Customs classification rulings (with images where available) are available on the recently redesigned Royal Malaysian Customs Department website. Although the rulings are written in Malay, the product is usually listed in English and there are often English language descriptions and references to rulings in English from other Customs administrations. The rulings may be found here (Ketetapan Kastam).
New Zealand
Parliament passes TPP bill
On 15 November 2016, the New Zealand parliament passed by a 61-57 vote, the Trans-Pacific Partnership Agreement Amendment Bill, which is an omnibus bill that would amend 11 different NZ laws to meet obligations in the Trans-Pacific Partnership Agreement (TPP) and enable New Zealand to ratify the agreement. The Bill passed despite some opposition claims that passage was a waste of time in view of the position taken by President-Elect Trump of the United States during his campaign. Under formulas required to bring the TPP into force, United States participation is essential. It is understood that the National, ACT and United Future parties supported it, while the Labour, the Greens, NZ First and the Maori Party opposed it. Royal Assent (approval from the Governor-General representing the Crown) is still required before it becomes law. The law will take effect only from the date that TPP enters into force for New Zealand.
Testing underway for last stage of Trade Single Window
The New Zealand Customs Service (NZCS) and the Ministry for Primary Industries (MPI) announced that they have begun testing the nearly-completed Trade Single Window (TSW) with industry.
The last stage of TSW, which was officially handed over by IBM this month, is now in what's known as User Acceptance Testing.
Customs is providing access to an external test environment to enable industry partners to test the new messages. This will allow NZCS and MPI to tweak the system based on their feedback where necessary for `go live'. Then the live pilots of the new functionality will be phased in to make sure the end to end processes are ready for full take up.
Nine industry partners are expected to test the latest version over the next three weeks.
Customs and MPI expect to set a "go live date" shortly for early 2017.
The new TSW functionality will deliver:
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The Inward Cargo Report (the most complex message set) that includes electronically requesting approval to move consignments out of the port or airline store if they have not been cleared already.
Electronic messages for industry to report ship arrivals and departures. As a result, Ministry of Health officers will access TSW to provide instructions to the ship about approval to berth. And Maritime NZ will also get fuller electronic data to manage its safety and billing functions.
Industry will be able to submit excise lodgements directly into TSW for the first time, with minimal Customs interaction. This will improve the efficiency of the excise declaration process.
Extending the Trader self service capability introduced in March 2015 allowing brokers and traders to manage how their staff use the system.
Providing officers with full access to transactions in TSW so they can help traders with any issues they have with completing the fields.
Revised Tariff in effect from 1 January 2017
New Zealand is incorporating the WCO's 2017 Harmonized System (HS) Amendments into the Tariff of New Zealand. A project team, from NZ Customs and Statistics New Zealand, has been working to incorporate the amendments and draft legislation to ensure that the 2017 Tariff will be ready for use on 1 January 2017. The Tariff (Harmonised System) Amendment Order 2016 was published in the New Zealand Gazette on 24 November with an effective date of 1 January 2017.
It is important to note that the changes to the Tariff are structural only and do not change the rates of duty.
The Correlation Key correlating the 2012 Tariff with the 2017 Tariff is available here, and a few of the more important changes are listed here. A full list of the changes to the HS Nomenclature is available from the WCO Website.
Consequential amendments to the Excise and Excise-equivalent Duty Table
As a result of the changes to the Tariff, the Excise and Excise-equivalent Duties Table (the Table) is amended (on 1 January 2017) as follows:
1. Amendments to tariff items for grape wine to account for the new Tariff subheading for grape wine in containers holdings more than 2L but not more than 10L
2. Adding of `sak' to the Excise and Tariff headings that cover `other fermented beverages'
3. Amendments to tariff items for methanol and ethyl alcohol used as a fuel to account for changes to the Tariff to put into effect recommendations under the international Chemical Weapons Convention.
These amendments will be incorporated in the Table that will be reprinted in the Working Tariff Document of New Zealand.
The changes to the Table are structural only and do not change the rates of excise duties.
New Zealand Gazette
The following international trade related documents were published in the New Zealand Gazette (dd-mm-yy):
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Date 01-11-16 08-11-16 15-11-16 22-11-16
24-11-16
29-11-16
Matter
Tariff Concession Approvals, Withdrawals and Declines Notice (No. 32) 2016 Tariff (Statistical Requirements) Amendment Notice (No. 4) 2016 Tariff Concession (Advertisement) Notice No. 2016/33 Tariff Concession (Advertisement) Notice No. 2016/34 Excise and Excise-equivalent Duties table (Harmonised System) Amendment Order 2016 Tariff (Harmonised System) Amendment Order 2016 Tariff Concession Approvals, Withdrawals and Declines Notice (No. 35) 2016
Singapore
Singapore revokes Cte d'Ivoire and Liberian measures
From 3 November 2016, Singapore revoked the United Nations (Freezing of Assets of Persons - Cote d'Ivoire) Regulations 2006 (Cote d'Ivoire Regulations) and the United Nations (Freezing of Assets of Former President of Liberia and Connected Persons) Regulations 2004 (Liberia Regulations).
1. Revocation of the Cote d'Ivoire Regulations
The revocation of the Cote d'Ivoire Regulations gives effect to Resolution 2283 (2016) by the Security Council of the United Nations (UNSC) dated 28 April 2016 (Resolution 2283) following various progresses on the stabilisation of Cote d'Ivoire.
Resolution 2283 terminated all sanctions measures regarding Cote d'Ivoire, including asset freezing measures established under Resolution 1572 (2004) (Resolution 1572) and Resolution 1975 (2011) and Resolution 2219 (2015).
Resolution 2283 also dissolved the Committee established by Resolution 1572. As a result, the list of individuals and entities subject to sanctions previously maintained by this Committee (Cote d'Ivoire List) was also abolished on 28 April 2016.
Earlier this year on 22 August 2016, the Monetary Authority of Singapore (MAS) also revoked the MAS (Freezing of Assets of Persons - Cote d'Ivoire) Regulations 2006. This revocation took effect from 28 April 2016, thus relieving financial institutions from the relevant asset freezing obligations.
As such, with the revocation of the Cote d'Ivoire Regulations, all the asset freezing obligations no longer apply to all Singapore persons (not just financial institutions) in relation to the Cote d'Ivoire List.
2. Revocation of the Liberia Regulations
The revocation of the Liberia Regulations gives effect to Resolution 2237 (2015) by the UNSC dated 2 September 2015 (Resolution 2237) following various progresses regarding the establishment and maintenance of stability in Liberia and the sub-region. This resolution terminated all travel and financial measures set forth in Resolution 1521 (2003) and Resolution 1532 (2004).
Similar to the Cote d'Ivoire Regulations, earlier this year on 4 February 2016, MAS also revoked the MAS (Freezing of Assets of Former President of Liberia and Connected Persons) Regulations 2004. This MAS revocation took effect from 2 September 2015, thus relieving financial institutions from the relevant asset freezing obligations.
As such, with the revocation of the Liberia Regulations, all the asset freezing obligations no longer apply to all Singapore persons (and just financial institutions) in relation to the former President of Liberia, Charles Taylor, and connected persons.
For additional information, please contact Eugene Lim or Ken Chia.
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Vietnam
Rulings
The Vietnam Customs Service has published a list of rulings issued through 2014 at http://www.customs.gov.vn/SitePages/BK/TraCuuPLHangHoa.aspx (in Vietnamese).
Government documents
The following Government laws, decrees, decisions, notices and other documents related to international trade were posted by the General Department of Vietnam Customs on its website. Translations are automated and unofficial [dd-mm-yy]:
Date
Reference and Matter
Resolution 05-NQ/TW 2016 on guidelines and policies in order to continue the
01-11-16 growth model innovation, improve the quality of growth, labor productivity, com-
petitiveness of the economy by the Central Executive Committee Central issued
Circular 40/2016 /TT-BYT on the list of food, food additives, processing aids of
04-11-16
food and utensils, packaging materials, food containers under HS code in the export tariff, import duties subject to specialized management by the Ministry of
Health
Decision No. 3848/Q-TCHQ dated 07.11.2016 of the General Administration of
07-11-16 Customs v / v erase tax debt incurred before 1/7/2007 for JSC mechanical trans-
portation by Dong Nai equitized
Decision 2185/Q-TTg approving the 2016 Master Plan for implementing the
14-11-16 National Single Window and ASEAN OSS period 2016-2020 by the Prime Minis-
ter issued
Official Letter No. 10983 / TCHQ-GSQL 11.21.2016 of the General Department of
21-11-16 Customs announced the deployment of additional customs declaration on data
processing system of e-customs
Europe
European Union and EFTA
EFTA Ministers discuss UK relations and future free trade agreements
On 21 November 2016, the European Free Trade Association (EFTA) held its biannual Ministerial Meeting in Geneva. EFTA reported that:
The EFTA Ministers discussed the possible consequences of the United Kingdom leaving the European Union and emphasised the importance of maintaining close economic and trade relations with the United Kingdom as an important trading partner of the EFTA countries. The Ministers also underlined the need to provide stability and predictability in a transition to a new legal framework for economic relations with the United Kingdom and to preserve the current conditions for economic exchange and cooperation. The EFTA States will consult each other towards this goal.
The Ministers reiterated their keen interest in concluding free trade agreements with India and Indonesia in 2017. Concluding these two agreements would secure improved market access to two growing economies with large domestic markets and constitutes a key objective for EFTA. At the same time they affirmed EFTA's commitment to advancing negotiations with Malaysia and Vietnam with the aim of concluding as soon as possible. They expressed their satisfaction with the start of negotiations with Ecuador. The Ministers also expressed their support for the on-going negotiations to revise and expand the Agreement with Mexico and the upcoming negotiations with Chile. Regarding the revision and expansion of other existing free trade agreements, they underlined the readiness of the EFTA States to resume the negotiations with Tur-
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key, to start negotiations with the Southern African Customs Union (SACU) and to continue to explore the possibility of entering into negotiations with Canada.
The Ministers welcomed the conclusion of the exploratory talks with the Mercosur States, paving the way for possible free trade negotiations in the coming year. They took note of the ongoing trade policy dialogue with the US and expressed their interest in continuing this dialogue.
The Ministers noted that the negotiating processes with Algeria, Thailand and Russia/Belarus/Kazakhstan remained on hold and agreed to continue to monitor the situation.
The EFTA Parliamentary Committee met with Ministers to discuss recent developments and priorities in EFTA's trade relations with the world.
EFTA's network of preferential trade relations outside the European Union currently comprises 27 free trade agreements with 38 countries and territories. Over 12 percent of EFTA's total exports go to these trade partners and they are the source of 7.5 percent of EFTA imports. This network is complemented by 6 joint declarations on cooperation.
EU publishes table of WCO ENs, classification opinions and decisions
On 11 November 2016, the Official Journal published a communication [2016/C 415/01] with a table showing the Classification Decisions, Classification Opinions or amendments to the Explanatory Notes of the Nomenclature of the Harmonised Commodity Description and Coding System, adopted by the Customs Cooperation Council [the legal name of the World Customs Organization] (CCC document No NC2237 -- report of the 57th session of the HS Committee). Customs authorities shall revoke decisions relating to binding information from 11 November if they become incompatible with the interpretation of the customs nomenclature as a result of the international tariff measures indicated below:
Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention
General interpretative rule S/29 3(b)
76.12
S/2
03.05 - 03.08
S/1 8701.20
S/4
29.09
S/14
8701.90
S/4
29.11
S/14
94.01
S/26
29.37
S/13
95.03
S/3
30.05
S/19
95.06
S/3
70.20
S/2 96.17
S/2
73.10
S/2
Classification Opinions approved by the HS Committee
0307.99/1
S/15
6104.63/1
S/23
2106.90/32
S/16
6109.90/2
S/23
2106.90/33
S/17
6307.90/7-8
S/24
2911.00/1
S/18
6912.00/2
S/25
3208.10/1-2
S/20
9403.20/5-6
S/27
3302.90/1
S/21
9506.91/1
S/28
3824.90/21
S/22
Classification Decisions approved by the HS Committee
2917.19 (INN: List 111)
S/7
3002.10 (INN: List 109)
S/5
2932.99
S/10
INN: List 112
S/8
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2934.99 (INN: List 110) 2934.99 2939.49 2939.99 (INN: List 108)
S/6 S/11 S/11 S/12
INN: List 113 84.79 1515.90
S/9 K/3 K/10
Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, 1049 Brussels, Belgium) or can be downloaded from the internet site of this Directorate-General or the World Customs Organization here.
Commission proposes changes to EU anti-dumping, anti-subsidy rules
On 9 November 2016, the European Commission announced that it presented a proposal for a new method for calculating dumping on imports from countries where there are significant market distortions, or where the state has a pervasive influence on the economy. The purpose is to make sure that Europe has trade defence instruments that are able to deal with current realities notably overcapacities in the international trading environment, while fully respecting the EU's international obligations in the legal framework of the WTO. The proposal, which introduces changes to the EU's anti-dumping and anti-subsidy legislation, follows a broad public consultation and is accompanied by an impact assessment.
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database.
Official Journal documents
The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union:
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OJ Date
Subject
01-11-16 04-11-16
05-11-16
09-11-16 10-11-16
Commission Implementing Directive (EU) 2016/1914 of 31 October 2016 amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 2002/55/EC respectively, as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species and vegetable species Commission Implementing Decision (EU) 2016/1917 of 27 October 2016 amending Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in Traces (notified under document C(2016) 6835) Commission Implementing Decision (EU) 2016/1925 of 31 October 2016 repealing Implementing Decision (EU) 2016/17 authorising the United Kingdom to prohibit on its territory the marketing of a variety of hemp listed in the Common Catalogue of varieties of agricultural plant species, pursuant to Council Directive 2002/53/EC (notified under document C(2016) 6860)
Commission Implementing Decision (EU) 2016/1926 of 3 November 2016 on the approval of the battery-charging photovoltaic roof as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Commission Regulation (EU) 2016/1902 of 27 October 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acetamiprid, ametoctradin, azoxystrobin, cyfluthrin, difluoroacetic acid, dimethomorph, fenpyrazamine, flonicamid, fluazinam, fludioxonil, flupyradifurone, flutriafol, fluxapyroxad, metconazole, proquinazid, prothioconazole, pyriproxyfen, spirodiclofen and trifloxystrobin in or on certain products
Commission Implementing Regulation (EU) 2016/1929 of 4 November 2016 approving Bacillus thuringiensis subsp. kurstaki, serotype 3a3b, strain ABTS351, as an active substance for use in biocidal products of product-type 18
Commission Implementing Regulation (EU) 2016/1930 of 4 November 2016 approving chlorocresol as an existing active substance for use in biocidal products of product-types 1, 2, 3, 6 and 9 Commission Implementing Regulation (EU) 2016/1931 of 4 November 2016 approving chlorocresol as an existing active substance for use in biocidal products of product-type 13 Commission Implementing Regulation (EU) 2016/1932 of 4 November 2016 approving calcium magnesium oxide (burnt dolomitic lime) as an existing active substance for use in biocidal products of product-types 2 and 3 Commission Implementing Regulation (EU) 2016/1933 of 4 November 2016 approving calcium magnesium tetrahydroxide (hydrated dolomitic lime) as an existing active substance for use in biocidal products of product-types 2 and 3 Commission Implementing Regulation (EU) 2016/1934 of 4 November 2016 approving coco alkyltrimethylammonium chloride (ATMAC/TMAC) as an existing active substance for use in biocidal products of product-type 8 Commission Implementing Regulation (EU) 2016/1935 of 4 November 2016 approving calcium dihydroxide (hydrated lime) as an existing active substance for use in biocidal products of product-types 2 and 3 Commission Implementing Regulation (EU) 2016/1936 of 4 November 2016 approving calcium oxide (burnt lime) as an existing active substance for use in biocidal products of product-types 2 and 3 Commission Implementing Regulation (EU) 2016/1937 of 4 November 2016 approving cyfluthrin as an existing active substance for use in biocidal products of product-type 18 Commission Implementing Regulation (EU) 2016/1938 of 4 November 2016 approving citric acid as an existing active substance for use in biocidal products of product-type 2 Commission Implementing Regulation (EU) 2016/1956 of 4 November 2016 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff Commission Implementing Decision (EU) 2016/1967 of 8 November 2016 amending Article 3 of Decision 2002/757/EC on provisional emergency phyto-
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OJ Date
Subject
11-11-16
sanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov. (notified under document C(2016) 7075)
Commission Implementing Decision (EU) 2016/1968 of 9 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 Hungary (notified under document C(2016) 7245)
Corrigendum to Commission Implementing Regulation (EU) 2016/900 of 8 June 2016 concerning the authorisation of benzoic acid as a feed additive for sows (holder of authorisation DSM Nutritional Product Sp. z o. o.) ( OJ L 152, 9.6.2016 )
Council Decision (EU) 2016/1970 of 29 September 2016 on the signing, on behalf of the European Union, and provisional application of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part Communication in accordance with Article 34(7)(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council, on decisions relating to binding information issued by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature [2016/C 415/01]
Commission communication in the framework of the implementation of the Commission Regulation (EU) No 1015/2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household washing machines and of Commission Delegated Regulation (EU) No 1061/2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2016/C 416/01]
Commission communication in the framework of the implementation of the Commission Directive 96/60/EC implementing Council Directive 92/75/ECC with regard to energy labelling of household combined washer-driers (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2016/C 416/02]
Commission communication in the framework of the implementation of Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2016/C 416/03]
Commission communication in the framework of the implementation of Commission Regulation (EU) No 548/2014 on implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to small, medium and large power transformers (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2016/C 416/04
Commission communication in the framework of the implementation of Commission Regulation (EU) No 1016/2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household dishwashers and of Commission Delegated Regulation (EU) No 1059/2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2016/C 416/05]
Commission communication in the framework of the implementation of Commission Regulation (EU) No 1253/2014 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for ventilation units and of the implementation of Commission Delegated Regulation (EU) No 1254/2014 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of residential ventilation units [2016/C 416/06] Commission communication in the framework of the implementation of Commission Delegated Regulation (EU) No 665/2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to ener-
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OJ Date
Subject
12-11-16 15-11-16
16-11-16
17-11-16
gy labelling of vacuum cleaners and of Commission Regulation (EU) No 666/2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2016/C 416/07
Commission Implementing Regulation (EU) 2016/1978 of 11 November 2016 approving the basic substance sunflower oil in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 Council Implementing Decision (EU) 2016/1989 of 11 November 2016 setting out a recommendation for prolonging temporary internal border control in exceptional circumstances putting the overall functioning of the Schengen area at risk Commission Implementing Decision (EU) 2016/1992 of 11 November 2016 amending Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire (notified under document C(2016) 7151)
Commission Delegated Regulation (EU) 2016/1969 of 12 September 2016 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union Council Decision (CFSP) 2016/2001 of 15 November 2016 on a Union contribution to the establishment and the secure management of a Low Enriched Uranium (LEU) Bank under the control of the International Atomic Energy Agency (IAEA) in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction Commission Implementing Decision (EU) 2016/2002 of 8 November 2016 amending Annex E to Council Directive 91/68/EEC, Annex III to Commission Decision 2010/470/EU and Annex II to Commission Decision 2010/472/EU concerning trade in and imports into the Union of ovine and caprine animals and semen of animals of the ovine and caprine species in relation to the rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (notified under document C(2016) 7026)
Commission Decision (EU) 2016/2003 of 14 November 2016 amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products (notified under document C(2016) 7218)
Commission Implementing Decision (EU) 2016/2004 of 14 November 2016 amending Implementing Decision 2013/780/EU providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of bark-free sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America (notified under document C(2016) 7181)
Commission Implementing Decision (EU) 2016/2008 of 15 November 2016 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2016) 7023)
Commission Implementing Decision (EU) 2016/2009 of 15 November 2016 approving the vaccination programmes against lumpy skin disease submitted by the Member States (notified under document C(2016) 7219)
Commission Implementing Decision (EU) 2016/2010 of 16 November 2016 amending the Annex to Implementing Decision (EU) 2016/1968 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Hungary (notified under document C(2016) 7506)
Commission Implementing Decision (EU) 2016/2011 of 16 November 2016 concerning certain protective measures in relation to highly pathogenic avian influ-
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OJ Date
Subject
18-11-16 19-11-16
22-11-16
23-11-16 24-11-16
enza of subtype H5N8 in Germany (notified under document C(2016) 7508)
Commission Implementing Decision (EU) 2016/2012 of 16 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Austria (notified under document C(2016) 7512)
EFTA Surveillance Authority Decision No 138/16/COL of 28 June 2016 authorising Iceland to derogate from Regulation (EC) No 216/2008 of the European Parliament and of the Council with respect to the existing provisions regarding the issuance of certificates of airworthiness for imported aircraft [2016/2013]
Regulation (EU) 2016/1954 of the European Parliament and of the Council of 26 October 2016 amending Regulation (EC) No 1365/2006 on statistics of goods transport by inland waterways as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures Commission Implementing Regulation (EU) 2016/2016 of 17 November 2016 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances acetamiprid, benzoic acid, flazasulfuron, mecoprop-P, mepanipyrim, mesosulfuron, propineb, propoxycarbazon, propyzamide, propiconazole, Pseudomonas chlororaphis Strain: MA 342, pyraclostrobin, quinoxyfen, thiacloprid, thiram, ziram, zoxamide
Commission Implementing Regulation (EU) 2016/2023 of 18 November 2016 concerning the authorisation of sodium benzoate, potassium sorbate, formic acid and sodium formate as feed additives for all animal species
Decision No 1/2016 of the EU-Republic of Moldova Association Committee in Trade configuration of 19 October 2016 updating Annex XVI to the Association Agreement [2016/2027] Decision No 2/2016 of the EU-Republic of Moldova Association Committee in Trade configuration of 19 October 2016 updating Annex XXIX to the Association Agreement [2016/2028] Commission Implementing Regulation (EU) 2016/2034 of 21 November 2016 opening a tariff quota for the year 2017 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2016/2035 of 21 November 2016 amending Implementing Regulation (EU) No 540/2011 as regards the approval periods of the active substances fipronil and maneb
Commission Directive (EU) 2016/2037 of 21 November 2016 amending Council Directive 75/324/EEC as regards the maximum allowable pressure of aerosol dispensers and to adapt its labelling provisions to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures Council Decision (EU) 2016/2038 of 11 November 2016 establishing the position to be adopted on behalf of the European Union within the relevant committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 7, 16, 37, 44, 45, 46, 48, 53, 78, 80, 83, 86, 87, 99, 105, 107, 110, 121, 128 and 129, the proposal for a UN regulation on heavy duty dual-fuel engine retrofit systems, the proposals for amendments to UN Global Technical Regulations 15 and 16, the proposals for two UN global technical regulations on the measurement procedure for two- or three-wheeled motor vehicles with regard to certain types of emissions and with regard to on-board diagnostics, respectively, and the proposal for a resolution on the common specification of light source categories
Commission Regulation (EU) 2016/2029 of 10 November 2016 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC Commission Implementing Regulation (EU) 2016/2045 of 23 November 2016
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OJ Date
Subject
25-11-16
26-11-16 29-11-16 30-11-16
amending Regulation (EU) No 37/2010 as regards the substance gamithromycin
Commission Implementing Decision (EU) 2016/2050 of 22 November 2016 as regards the placing on the market of a genetically modified carnation (Dianthus caryophyllus L., line SHD-27531-4) (notified under document C(2016) 7443)
Council Decision (EU) 2016/2053 of 14 November 2016 on the signing, on behalf of the Union, of the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes
Commission Implementing Regulation (EU) 2016/2054 of 22 November 2016 derogating from Regulations (EC) Nos 2305/2003, 969/2006 and 1067/2008, Implementing Regulation (EU) 2015/2081, Regulation (EC) No 1964/2006, Implementing Regulation (EU) No 480/2012, Regulation (EC) No 1918/2006 and Implementing Regulation (EU) 2016/605 as regards the dates for lodging import licence applications and issuing import licences in 2017 under tariff quotas for cereals, rice and olive oil, and derogating from Regulation (EC) No 951/2006 as regards the dates for issuing export licences in 2017 in the out-of-quota sugar and isoglucose sectors Commission Implementing Regulation (EU) 2016/2055 of 23 November 2016 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin Commission Implementing Decision (EU) 2016/2064 of 24 November 2016 amending the Annexes to Implementing Decisions (EU) 2016/1968 and (EU) 2016/2011 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Hungary and Germany (notified under document C(2016) 7736)
Commission Implementing Decision (EU) 2016/2065 of 24 November 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Denmark (notified under document C(2016) 7737)
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 October 2016 to 31 October 2016(Published pursuant to Article 13 or 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2016/C 438/01]
Commission Implementing Regulation (EU) 2016/2074 of 25 November 2016 amending Regulation (EU) No 37/2010 as regards the substance aluminium salicylate, basic Corrigendum to Council Decision (EU) 2016/1970 of 29 September 2016 on the signing, on behalf of the European Union, and provisional application of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part ( OJ L 304, 11.11.2016 )
Council Decision (EU) 2016/2079 of 29 September 2016 on the signing, on behalf of the European Union, and provisional application of the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part
Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part
Amendment to the Customs Convention on the International Transport of Goods Under the Cover of TIR Carnets (TIR Convention, 1975) Commission Implementing Decision (EU) 2016/2085 of 28 November 2016 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the Netherlands (notified under document C(2016) 7851)
Commission Implementing Decision (EU) 2016/2086 of 28 November 2016 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Sweden (notified under document C(2016) 7852)
Council Decision (EU) 2016/2087 of 14 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products
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OJ Date
Subject
Commission Implementing Decision (EU) 2016/2091 of 28 November 2016 not to identify hexamethylene diacrylate (hexane-1,6-diol diacrylate) (HDDA) as a substance of very high concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (notified under document C(2016) 7524)
Commission Implementing Decision (EU) 2016/2092 of 28 November 2016 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (notified under document C(2016) 7569)
Commission Implementing Decision (EU) 2016/2093 of 29 November 2016 on a derogation as regards the date of application of the registered exporter system on exports from the overseas countries and territories
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established, amended or corrected:
OJ Date
Restrictive Measure
Council Implementing Regulation (EU) 2016/1955 of 8 November 2016 imple-
menting Regulation (EU) No 269/2014 concerning restrictive measures in re-
spect of actions undermining or threatening the territorial integrity, sovereignty
09-11-16
and independence of Ukraine Council Decision (CFSP) 2016/1961 of 8 November 2016 amending Deci-
sion 2014/145/CFSP concerning restrictive measures in respect of actions un-
dermining or threatening the territorial integrity, sovereignty and independence of
Ukraine
Corrigendum to Notice for the attention of the data subjects to whom the restric-
tive measures provided for in Council Regulation (EU) No 36/2012, as imple-
12-11-16 mented by Council Implementing Regulation (EU) 2016/1983 concerning restric-
tive measures in view of the situation in Syria applies ( OJ C 398, 28.10.2016 )
[2016/C 418/06]
Council Implementing Decision (CFSP) 2016/1985 of 14 November 2016 imple-
menting Decision 2013/255/CFSP concerning restrictive measures against Syria
14-11-16 Council Implementing Regulation (EU) 2016/1984 of 14 November 2016 imple-
menting Regulation (EU) No 36/2012 concerning restrictive measures in view of
the situation in Syria
Council Implementing Regulation (EU) 2016/1996 of 15 November 2016 imple-
menting Regulation (EU) No 36/2012 concerning restrictive measures in view of
16-11-16 the situation in Syria
Council Implementing Decision (CFSP) 2016/2000 of 15 November 2016 imple-
menting Decision 2013/255/CFSP concerning restrictive measures against Syria
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Individual Countries
France
Notices to importers
The following notices were posted by Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) :
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Release Date
Ref. No. and Subject
04-11-16
2016/55-Notice to Africa`
importers of certain agricultural
products
originating
in South
DA 16-054 Circular on imports, exports, intra-Community transfers and transits of
firearms, ammunition and their components No. ECFD1632249C
14-11-16
DA 16-055 Circular on exports of war materials and related equipment, imports of military equipment, weapons and ammunition, intra-Community transfers of prod-
ucts related to the defense and transit of weapons and war materials No.
ECFD1632250C
2016/56-Notice to importers of certain lightweight thermal paper, originating in the
Republic of Korea
18-11-16
2016/57-Notice to importers of photovoltaic modules in crystalline essential components, originating in or consigned from China
silicon
and
their
2016/58-Notice to importers of certain seamless pipes and tubes of iron or steel
originating in China
Iceland
Iceland ratifies Trade Facilitation Agreement
The WTO announced that Iceland has ratified the Trade Facilitation Agreement (TFA), becoming the 96th member of the WTO to do so. WTO ambassador Hgni S. Kristjnsson submitted his country's instrument of acceptance to WTO Director-General Roberto Azevdo on 31 October.
United Kingdom
UK Export Control Organisation updates 5 dual-use open export licences and revokes 1
The UK Export Control Organisation ("ECO") has made updates to five UK open general export licences ("OGELs") and revoked one OGEL, following updates to the EU dual-use control list and changes to EU sanctions regimes.
The amended OGELs, which all apply to dual-use items, are the following:
Export after exhibition; Export after repair/replacement under warranty; Export for repair/replacement under warranty; PCBs and components; and Oil and gas exploration. The main amendments are as follows:
updates to the goods schedules in each of the above, reflecting the amendments to the EU dual-use control list brought in by Council Delegated Regulation (EU) 2016/1969; and
removal of Cte d'Ivoire and Liberia from the list of prohibited destinations under the OGEL for PCBs and components for dual-use items, following the lifting of EU sanctions in June 2016.
The "international non-proliferation regime decontrols: dual-use items" OGEL has been revoked.
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Exporters making use of any of the licences above should assess whether they now require an individual licence, whether their goods are no longer subject to controls, or whether any other changes are necessary in order to reflect the changes.
The ECO's Notice to exporters in relation to these changes is available here.
For additional information, please contact Ross. L. Denton, of our London office.
UK amends North Korean and Iran sanctions orders
On 23 November 2016, the UK posted SI 2016/1119 - The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016. Articles 3 to 19 of this Order amend the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749), as amended, giving effect to certain aspects of further United Nations sanctions imposed against North Korea by the United Nations Security Council in resolution 2270, adopted on 2nd March 2016.
The Explanatory Note states that, in particular, the Order amends the offences related to carriage of goods to and from North Korea, and broadens the categories of goods to which offences apply. It also broadens the offences under the Order in relation to supplying services to North Korean ships. New offences are created in respect of leasing, chartering or provision of crew services, registration of ships, and access to ports.
Articles 21 and 22 of this Order make minor amendments to provisions of the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886), which were inserted by S.I. 2016/378, to rectify omissions.
High Court rules that Article 50 cannot be invoked without reference to Parliament
On 3 November 2016, the High Court handed down its judgment in the highly publicised judicial review proceedings (R (Miller) v Secretary of state for Exiting the EU, concerning the constitutional requirements for the UK's withdrawal from the European Union (EU) and approach to invocation of the notification procedure under Article 50 of the Treaty on European Union. The Court has ruled that, according to fundamental principles of constitutional law, the Government does not have the power to trigger Article 50 without reference to Parliament.
The specific question for the court to determine was whether, as a matter of constitutional law, the Government is entitled to use prerogative powers to trigger Article 50. Prerogative powers are a body of discretionary powers held by the Crown and exercised by Government in carrying out executive functions. The exercise of prerogative power does not require prior parliamentary approval. The Government argued that the Article 50 process for withdrawal from the treaties effecting membership of the EU could be triggered by prerogative power and without further reference to Parliament as would be the case in other matters affecting international relations. It suggested that Parliament must have intended that the prerogative to withdraw would remain with Government when the European Communities Act 1972 was enacted. However, the Court agreed with the Claimants that the proposed actions would affect not only international relations but also domestic law and the rights of individuals acquired under EU law, such as free movement between Member States. The Court's view was that Parliament cannot have intended that the "profound effects" of the European Communities Act 1972, which introduced EU law into domestic law with all the rights that this
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entailed, could be abrogated by the unilateral exercise of prerogative power by the Government.
The Government has already announced it will appeal the judgment. Given the constitutional importance of this case and the Prime Minister's announcement that Article 50 will be triggered by the end of March 2017, the appeal will be heard on 7/8 December by the UK Supreme Court so leapfrogging the Court of Appeal, which is the usual venue for High Court appeals.
The Court stressed that its judgment addressed a pure question of law, as to the process for exercise of Article 50, rather than any political issue on the merits of leaving the EU. However, the judgment likely will fuel the debate about Brexit and the result of the referendum on 23 June 2016 yet further.
For further information, please contact Joanna Ludlam or Francesca Richmond of the London office.
HMRC updates
The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:
Release Date
Ref. No. and Subject
03-11-16 04-11-16 08-11-16 04-11-16 02-11-16 04-11-16
07-11-16
Customs Information Papers
Customs Information Paper 60 (2016): Customs Comprehensive Guarantee new status code for CHIEF Customs Information Paper 57 (2016): Transfer of Residence (ToR) pre-import online application process for UK only Customs Information Paper 59 (2016): Forms to use for a new deferment account Customs Information Paper 61 (2016): Forest Law Enforcement Governance and Trade Customs Information Paper 62 (2016): Reclaim of Import VAT regarding entries made to authorisation by declaration (simplified) inward processing Customs Information Paper 58 (2016): statistical threshold - sterling figure to apply for 2017
Tariff Notices
Tariff Stop Press Notice 38 (2016): amendments to commodity codes in chapter 22
Other Documents and Notices
DES243: TIS - interface between CHIEF and ECN+ Fuel Duty: claim for drawback of duty paid on oils used as fuel on foreign-going aircraft (HO60) Notice 104: ATA and CPD Carnets Rates and allowances: monthly euro conversion rates for calculating duty Anti-Dumping Duty measure AD2157 Anti-Dumping Duty measure AD2158 Anti-Dumping Duty measure AD2092 Anti-Dumping Duty measure AD2096 Anti-Dumping Duty measure AD2097 Anti-Dumping Duty measure AD2120 Anti-Dumping Duty measure AD2121 Anti-Dumping Duty measure AD2122 Anti-Dumping Duty measure AD2123 Anti-Dumping Duty measure AD2126 Anti-Dumping Duty measure AD2130 Anti-Dumping Duty measure AD2133
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Release Date
Ref. No. and Subject
08-11-16
Anti-Dumping Duty measure AD2134 Anti-Dumping Duty measure AD2135 Anti-Dumping Duty measure AD2144 Anti-Dumping Duty measure AD2145 Rates and allowances: monthly euro conversion rates for calculating duty Customs Freight Simplified Procedures: contact lists
ECO Notices to Exporters and BIS documents
The following Export Control Organisation (ECO) Notices to Exporters and other Department for International Trade (DIT) documents were issued:
Date
Notice No. and Subject
02-11-16 16-11-16 18-11-16
Doing business in Iran: trade and export guide Consolidated list of strategic military and dual-use items that require export authorisation DIT/16/006 Notice to exporters 2016/24: Notice to exporters 2016/25: ECO publishes latest version of consolidated list
Other EU-EFTA Notices
Import-export related measures
The following import, export or antibribery measures were published in the on-line editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
Date*
Measure
04-11-16 08-11-16 10-11-16 12-11-16 15-11-16
22-11-16 24-11-16
16-11-16
11-11-16
France
Social Affairs and Health (MASS): 86 -94 Notices of a suspension of marketing authorization of various veterinary medicines Economy and Finance: 1 Decree of 3 November 2016 amending the list of customs offices and Excise MASS 86 106 Notices of suspension of marketing authorization of various veterinary medical products Economy and Finance: 17 Decree No. 2016-1523 of 10 November 2016 on the fight against terrorist financing Economy and Finance: 27 Decree of 3 October 2016 amending the Decree of 21 January 2015 establishing automated processing Internet sales tax stamps dematerialized management called "paperless tax stamps" (DFT) Economy and Finance: 3 Decree of 8 November 2016 adopted under Article 265 septies of the Customs Code Economy and Finance: 4 Decree of 8 November 2016 adopted under Article 265 octies of the Customs Code Economy and Finance: 81 Notice to economic operators on the indication of the origin of goods from the territories occupied by Israel since June 1967
Germany
Decision of the Federal Constitutional Court (on 10 Paragraphs 1 and 3 of the Beef Labeling Act) (09-11-2016) from No. 53 of November 16, 2016, page 2521
Ireland (Eire)
S.I. No. 552 of 2016 European Union (Protection of Animals used for Scientific Purposes) (Amendment) Regulations 2016 S.I. No. 553 of 2016 European Union (Temporary Suspension of Imports from
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Date*
Measure
15-11-16 03-11-16 16-11-16 24-11-16 31-10-16
07-11-16
21-11-16 01-11-16 25-11-16
03-11-16
Bangladesh of Foodstuffs Containing or Consisting of Betel Leaves) Regulations 2016 S.I. No. 554 of 2016 European Union (Specific Conditions Applicable to the Import of Foodstuffs Containing or Consisting of Betel Leaves from India) Regulations 2016 S.I. No. 559 of 2016 European Union (Provision of Food Information to Consumers) (Amendment) (No. 2) Regulations 2016 S.I. No. 560 of 2016 European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2016
Liechtenstein
LGBI 2016.365 Law of 31 August 2016 on the amendment of the EEA Drug Law (LR 812.103} LGBI 2016.378 Regulation of 15 November 2016 concerning precautionary measures for the prevention of the introduction of avian influenza (LR 916.421.1) LGBI 2016.387 Agreement between the Government of the Principality of Liechtenstein and the Austrian Federal Government amending the Agreement between the Government of the Principality of Liechtenstein and the Austrian Federal Government of 1 December 2010 concerning the automatic recognition in Liechtenstein of human and veterinary medicinal products authorized or registered in Austria (LR 0.812.191.021)
Luxembourg
Mem. A 221 Law of 28 October 2016 approving the Paris Agreement on Climate Change, adopted in Paris on 12 December 2015.
Mem. A 223 - Grand Ducal Regulation of 26 October 2016 laying down the taxes on plant protection products
- Grand Ducal Regulation of 26 October 2016 amending the Grand Ducal regulation of 28 November 2003 establishing the conditions for marketing, production and certification of Oil Seed and fiber
-Grand Ducal Regulation of 28 October 2016 amending the Grand Ducal regulation of 30 July 2013 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
-Grand Ducal Regulation of 28 October 2016 amending Annex IV of the Grand Ducal regulation of 30 July 2013 modified on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Mem. A 233 - Correction of the Grand Ducal Regulation of 28 October 2016 amending the Grand Ducal regulation of 30 July 2013 on the restriction of the use of certain hazardous substances in electrical and electronic equipment. - Correction of the Grand Ducal Regulation of 28 October 2016 amending Annex IV of the Grand Ducal regulation of 30 July 2013 modified on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Malta
368 of 2016 Equivalent Standards of Quality and Safety of Imported Tissues and Cells Regulations, 2016 - Government Gazette of Malta No. 19,671 01.11.2016 391 of 2016 Restriction of Use of Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations, 2016 - Government Gazette of Malta No. 19,686 25.11.2016
Norway
FOR-2016-10-27-1262 Health and Care Services Regulation amending the Regulation on imports of cooked meat, meat products, treated stomachs, bladders and intestines from third countries and regulations on imports from third countries of certain live animals, bees, bumblebees and fresh meat of certain animals FOR-2016-10-29-1263 Climate and Environment Ministry of Labour and Social Affairs, Ministry of Justice, Agriculture and Food Regulation amending the Regulation on classification, labeling and packaging of substances and mixtures (CLP) FOR-2016-10-31-1265 Agriculture and Food Regulation amending the Regula-
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Date*
Measure
04-11-16 08-11-16 15-11-16 18-11-16 29-11-16
02-11-16
03-11-16 04-11-16 10-11-16 14-11-16
17-11-16
18-11-16 22-11-16 24-11-16
07-11-16
tion on animal health conditions for the importation and exportation of equidae
FOR-2016-10-31-1280 Health and Care Services Regulation amending the Regulation on feed additives
FOR-2016-10-29-1285 Health and Care Services Regulation amending the Regulation on foodstuffs for special groups [Infant formula]
FOR-2016-11-07-1289 Finance Regulations amending the Regulations to the law on customs and movement of goods (Customs Regulations)
FOR-2016-11-11-1310 Health and Care Services Regulation amending the Regulation on medicinal products (Medicinal Products Regulations)
FOR-2016-11-14-1311 Ministry of Justice Regulation amending the Regulation on Carriage of Dangerous Goods
LOV-2016-11-18-83 Climate and Environment Ministry Law amending the draft Act, etc. (Administrative seizure and administrative forfeiture)
FOR-2016-11-25-1404 Agriculture and Food Regulation amending the Regulation on temporary preventive measures to prevent infection of highly pathogenic avian influenza from wild birds to poultry and other birds kept in captivity
Poland
1790 Proclamation of the Marshal of the Polish Sejm on 12 October 2016. On the uniform text of the Act on communicating energy consumption by energyusing products and the control of implementation of the labeling program for office equipment 1794 Notice of the President of the Council of Ministers of 18 October 2016. On the uniform text of the Council of Ministers on the Kamienna Gra Special Economic Zone 1797 Regulation of the Minister of Agriculture and Rural Development dated 28 October 2016. Amending Regulation on the measures taken in connection with the occurrence of African swine fever 1799 Proclamation of the Marshal of the Polish Sejm on 31 October 2016. On the uniform text of the Act on the Customs Service 1824 The announcement of the Minister of Development and Finance of 28 October 2016. On the uniform text of the Regulation of the Minister of Finance on the jurisdiction of customs offices and customs chambers in matters relating to excise stamps 1834 Proclamation of the Marshal of the Polish Sejm on 13 October 2016. On the uniform text of the Act on the transport of dangerous goods 1856 Regulation of the Minister of Agriculture and Rural Development dated 8 November 2016. Amending Regulation on detailed requirements for the commercial quality and methods of analysis of food caseins and caseinates food 1857 The announcement of the Prime Minister dated 28 October 2016. On the uniform text of the Council of Ministers on the Tarnobrzeg Special Economic Zone 1863 Proclamation of the Marshal of the Polish Sejm on 19 October 2016. On the uniform text of the Act on packaging and packaging waste 1865 Regulation of the Minister of Development and Finance of 15 November 2016. On INTRASTAT declarations 1880 Proclamation of the Marshal of the Polish Sejm on 31 October 2016. On the announcement of the uniform text of the Act - Customs Law 1890 Regulation of the Minister of Development and Finance of 22 November 2016. On routes where goods brought into the customs territory of the European Union and of exit from the area and the way of movement and the movement of goods along these routes
Spain
Industry, etc.: Resolution of 24 October 2016, the Directorate General of Industry and Small and Medium Enterprises, for which the relationship of European standards that have been ratified during the month of August 2016 as Spanish standards is published. (BOE-A-2016-10288)
Industry, etc.: Resolution of 24 October 2016, the Directorate General of Industry and Small and Medium Enterprises, for which the relationship of UNE annulled by the Spanish Association for Standardization and Certification during the month of August 2016 is published. (BOE-A-2016-10289)
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Date*
Measure
08-11-16 11-11-16
17-11-16 19-11-16 23-11-16 25-11-16
01-11-16
04-11-16 08-11-16 11-11-16 15-11-16
Foreign Affairs: Global Framework Agreement on Partnership and Cooperation between the European Union and its Member States, on the one hand, and the Socialist Republic of Vietnam, the other part, done at Brussels on 27 June 2012.(BOE-A-2016-10302) Industry: Resolution of 3 November 2016, the Directorate General of Industry and Small and Medium Enterprises, for which the draft standards undergo public information UNE that the Spanish Association for Standardization and Certification is pending, for the month October 2016. (BOE-A-2016-10453) Industry: Resolution of 3 November 2016, the Directorate General of Industry and Small and Medium Enterprises, by undergoing public information projects of European and international standards that have been processed as projects of UNE, for the month October 2016. (BOE-A-2016-10454) Industry: Resolution of 3 November 2016, the Directorate General of Industry and Small and Medium Enterprises, for which the relationship of UNE annulled by the Spanish Association for Standardization and Certification during the month of October 2016 is published.(BOE-A-2016-10754) Industry: Resolution of 3 November 2016, the Directorate General of Industry and Small and Medium Enterprises, for which the relationship of UNE standards approved by the Spanish Association for Standardization and Certification during the month of October 2016 is published.(BOE-A-2016-10755) Industry: Resolution of 3 November 2016, the Directorate General of Industry and Small and Medium Enterprises, for which the relationship of European standards that have been ratified during the month of October 2016 as Spanish standards is published.(BOE-A-2016-10918) Industry: Resolution of 3 November 2016, the Directorate General of Industry and Small and Medium Enterprises amending Annexes I, II and III of the Order of November 29, 2001 are extended, laying publish references to the UNE standards that are transpositions of the harmonized standards and the coexistence period and the entry into force of the CE marking on several families of construction products. (BOE-A-2016-11048) Foreign Affairs: Provisional application of the Protocol to the EuroMediterranean Agreement establishing an association between the European Community and its Member States on the one part, and the Lebanese Republic on the other, is created to take account of the accession to the European Union of the Republic of Bulgaria and Romania, made in Brussels on 18 June 2015. (BOE-A-2016-11092)
Switzerland
Ordinance of the FDF on customs (OD-DFF) (RS 631.011) DFI Ordinance on genetically modified foodstuffs (ODAlGM) (RS 817.022.51) Agreement of 20 March 1958 concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be mounted or used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted in accordance with those requirements (RS 0.741.411) DFI Ordinance regulating the import trade, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) DFI Ordinance regulating the import trade, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) Ordinance of OSAv establishing measures to prevent the introduction of African swine fever present in certain Member States of the European Union (RS 916.443.107) Ordinance of OSAv establishing measures to prevent the introduction of Chronic Wasting Disease (Chronic wasting disease) present in Norway, Sweden and Finland (RS 916.443.113) Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01) Ordinance of OSAv to prevent the introduction of avian influenza in domestic poultry population (RS 916.403.1) Ordinance of the FOAG on fixing periods and deadlines as well as the authorization of parts quota of fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100) Ordinance of OSAv establishing measures to prevent the introduction in Switzer-
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Date*
Measure
21-11-16
22-11-16
29-11-16 14-11-16 16-11-16 23-11-16 25-11-16
land of avian influenza from France (RS 916.443.112.349) Ordinance of the DEFR of the declaration on timber and wood products (RS 944.021.1) International Convention on the Harmonized System of Description and Coding System (HS 2017) (RS 0.632.11) Trade Agreement of 30 March 1954 between the Government of the Swiss Confederation and the Republic of Cuba (RS 0.946.292.941) Ordinance of OSAv to prevent the introduction of avian influenza in domestic poultry population (RS 916.403.1) Ordinance of OSAv establishing measures to prevent the introduction in Switzerland of avian influenza from Hungary (RS 916.443.102.6) Order of OSAv establishing measures to prevent the introduction in Switzerland of the present avian influenza in certain Member States of the European Union (RS 916.443.102.1) Ordinance of the FDF on goods enjoying customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012) Ordinance of the FDF on goods enjoying customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012) Ordinance of the FDF on goods enjoying customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012) Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01) Ordinance of the FDF on goods enjoying customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012) Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01)
United Kingdom
SI 2016/1084 - The Plant Health (Export Certification) (Wales) (Amendment) Order 2016 / Gorchymyn Iechyd Planhigion (Tystysgrifau Allforio) (Cymru) (Diwygio) 2016 SI 2016/1092 - The Simple Pressure Vessels (Safety) Regulations 2016 SI 2016/1091 - The Electromagnetic Compatibility Regulations 2016 SI 2016/1126 - The Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016 SI 2016/1125 - The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2016 SI 2016/1124 - The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2016 SSI 2016/383 - The Caseins and Caseinates (Scotland) Regulations 2016 SI 2016/1127 - The Tobacco and Related Products (Amendment) Regulations 2016
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
Date*
Restrictive Measure
28-10-16
Ireland (Eire)
S.I. 539 European Union (Restrictive Measures concerning the Democratic Republic of the Congo) (No. 2) Regulations 2016.
S.I. 540 European Union (Restrictive Measures concerning the Democratic People's Republic of Korea) (No. 2) Regulations 2016
S.I. 541 European Union (Restrictive Measures concerning Tunisia) (No. 2) Regulations 2016
62 International Trade Compliance Update December 2016
Baker & McKenzie
Date*
Restrictive Measure
18-11-16
03-11-16
10-11-16
18-11-16 24-11-16
18-11-16 25-11-16
01-11-16 04-11-16 07-11-16 14-11-16 15-11-16 17-11-16 22-11-16
23-11-16
S.I. 542 European Union (Restrictive Measures concerning Ukraine) (No. 2) Regulations 2016 S.I. 543 Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (No. 2) Regulations 2016 S.I. 544 European Union (Restrictive Measures concerning Iraq) (No. 2) Regulations 2016 S.I. 545 European Union (Restrictive Measures concerning Libya) (No. 4) Regulations 2016 S.I. 546 Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da'esh) and Al-Qaida Organisations) (No. 5) Regulations 2016 S.I. 563 Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da'esh) and Al-Qaida Organisations) (No. 6) Regulations 2016
Liechtenstein
LGBI 2016.367 Regulation of 28 October 2016 on the amendment of the Regulation on measures against persons and organizations with links to the grouping "Al-Qaeda" (LR 946.222.22) LGBI 2016.369 Regulation of 8 November 2016 on the amendment of the regulation on measures against the Islamic Republic of Iran (LR 946.223.3) LGBI 2016.370 Regulation of 8 November 2016 on the amendment of the Regulation on measures against Syria (LR 946.223.8) LGBI 2016.371 Regulation of 8 November 2016 on the amendment of the Regulation on measures against the Republic of South Sudan (LR 946.224.3) LGBI 2016.379 Regulation of 15 November 2016 on the amendment of the Regulation on measures to prevent the circumvention of international sanctions related to the situation in Ukraine (LR 946.224.2) LGBI 2016.390 Regulation of 22 November 2016 on the amendment of the regulation on measures against Libya (LR 946.223.8) LGBI 2016.391 Regulation of 22 November 2016 on the amendment of the Regulation on measures against Syria (LR 946.223.8)
Norway
FOR-2016-10-11-1321 Foreign Affairs Regulation amending the Regulation on sanctions and measures against Iran
FOR-2016-11-23-1364 Foreign Affairs Regulation amending the Regulation on restrictive measures against persons deemed responsible for the misappropriation of public funds, as well as persons who are considered to have participated in human rights violations in Ukraine
Switzerland
Ordinance on measures against the Islamic Republic of Iran (RS 946.231.143.6)
Amendments to the Ordinance of 12 August 2015 on measures against the Republic of South Sudan (RS 946.231.169.9) [Effective 03-11-16]
Amendments to the Ordinance of 8 June 2012 on measures against Syria (RS 946.231.172.7) [Effective 08-11-16]
Amendments to the Ordinance of 30 March 2011 on measures against Libya (RS 946.231.149.82) [Effective 11.11.16]
Ordinance of assets freezing in the context of Egypt (O-Egypt) (RS 196.123.21)
Ordinance on measures to prevent the circumvention of international sanctions in connection with the situation in Ukraine (RS 946.231.176.72)
Ordinance on assets freezing in the context of Ukraine (O-Ukraine) (RS 196.127.67)
Amendments to the Ordinance of 8 June 2012 on measures against Syria (RS 946.231.172.7) [Effective 23-11-16]
United Kingdom
SI 2016/1120 - The Iran (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2016
SI 2016/1119 - The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016
63 International Trade Compliance Update December 2016
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Non EU-EFTA European Countries
Ukraine
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws ( ), Resolutions (), Presidential Decrees ( ), Decrees of the Cabinet of Ministers ( ), Regulations (), Agency Orders () and other pieces of legislation were posted on the Parliamentary ( ) website during the period of coverage of this Update:
Date
Subject
16-11-16
53. On approval of the Agreement between the Government of Ukraine and the
Government of Romania on joint patrols Ukrainian-Romanian State Border Resolution of the Cabinet of Ministers of Ukraine on November 16, 2016 817
Eurasian Economic Union (EAEU)
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the new Eurasian Economic Commission documentation page.
Publication Date
Title
Order of the Eurasian Intergovernmental Council
22-11-16
19 (16-11-16) Draft Agreement on the Customs Code of the Eurasian Economic Union
Council () of the Eurasian Economic Commission ()
28-10-16
69 (18-10-16) On Amendments to the list of goods, works and services, the Eurasian Economic Commission to be placed with a single supplier
70 (18-10-16) About disposal of the Eurasian Intergovernmental Council "On 31-10-16 the representative of the Republic of Kazakhstan in the Council of the Eurasian
Economic Commission"
73 (03-11-16) On the Procedure of certification of persons authorized manufacturers of medicinal products
74 (03-11-16) On approval of the formation and maintenance of a registry of authorized persons drugs manufacturers Eurasian Economic Union
75 (03-11-16) On Approval of the Expert Committee on Drugs 76 (03-11-16) On approval of requirements for the labeling of medicinal products for medical use and veterinary medicinal products
77 (03-11-16) On approval of the Rules of Good Manufacturing Practices of the Eurasian Economic Union [The provisions of the Regulation concerning the
21-11-16 requirements for the production of veterinary medicines 01-01-2021]
78 (03-11-16) On the Rules of registration and examination of medical products for medical use
79 (03-11-16) On approval of rules of good clinical practice of the Eurasian Economic Union
80 (03-11-16) On approval of rules of good distribution practices in the framework of the Eurasian Economic Union
81 (03-11-16) On approval of rules of good laboratory practice of the Eurasian Economic Union in the field of drugs
82 (03-11-16) On approval of the General requirements for the quality sys-
64 International Trade Compliance Update December 2016
Baker & McKenzie
Publication Date
Title
tem of pharmaceutical inspectorates of states - members of the Eurasian Eco-
nomic Union
83 (03-11-16) On approval of the Pharmaceutical Inspection Rules 84 (03-11-16) On the formation and maintenance of a single register of registered medicines of the Eurasian Economic Union, and information databases
in the field of drugs
85 (03-11-16) On approval of the Rules of bioequivalence studies of drugs in the framework of the Eurasian Economic Union
86 (03-11-16) On the Procedure of interaction of the states - members of the Eurasian Economic Union to identify adulterated, counterfeit and (or) poor-
quality drugs
87 (03-11-16) On approval of rules of good practice pharmacovigilance Eurasian Economic Union
88 (03-11-16) On approval of requirements for the instructions for medical use of medicines and the general characteristics of drugs for medical use
89 (03-11-16) On approval of rules for research of biological medicines Eurasian Economic Union
90 (03-11-16) On approval of the formation and maintenance of a registry of pharmaceutical inspectors of the Eurasian Economic Union
91 (03-11-16) On approval of the provision of pharmaceutical joint inspections
92 (03-11-16) On Certain Issues treatment drugs 93 (03-11-16) On recognition of the results of the inspection of drug production
94 (18-10-16) Draft decision of the Supreme Eurasian Economic Council "On amendments to the criteria for inclusion in the cross-border market"
95 (18-10-16) On Amendments to the Resolution of the Council of the Eurasian Economic Commission dated December 17, 2012 117 96 (18-10-16) On Amendments to the technical regulations of the Customs Union "On the security package" (TR CU 005/2011)
97 (18-10-16) On approval of the standard sample of the type approval of the Procedure
98 (18-10-16) On approval of the type approval of measuring instruments Order
99 (18-10-16) On Amendments to the plan for the development of technical regulations of the Eurasian Economic Union and the changes in the technical
regulations of the Customs Union
Board () of the Eurasian Economic Commission ()
115 (25-10-16) On Amendments to the list of selected goods in respect of which the rates of import customs duties in accordance with the Free Trade
Agreement between the Eurasian Economic Union and its Member States, on
the one hand, and the Socialist Republic of Vietnam, on the other hand, on May
29, 2015
116 (25-10-16) On establishing the rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union in respect of certain
types of agricultural and industrial products and on amendments to the Deci-
sion of the Council of the Eurasian Economic Commission on October 14, 2015 59 27-10-16 117 (25-10-16) On establishing the rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union in respect of certain
types of mineral raw materials containing precious metal or precious metal
compounds, and on amendments to the Decision of the Council of the Eurasian Economic Commission on October 14, 2015 59 118 (25-10-16) On amendments to paragraph 2-1 of the Customs Union Commission Decision of 28 May 2010 299 119 (25-10-16) On Amendments to the Customs Union Commission Decision of 18 October 2011 825 120 (25-10-16) On Amendments to the Customs Union Commission Decision of 16 August 2011 768
65 International Trade Compliance Update December 2016
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Publication Date
Title
28-10-16 02-11-16 03-11-16
121 (25-10-16) On the Advisory Council on Interaction of the Eurasian Economic Commission and the Business Council of the Euras ian Economic Union
122 (25-10-16) On the technological documents regulating information interaction in the implementation of "The formation, maintenance and use of a single register of registered medicines Eurasian Economic Union" means the integrated information system of foreign and mutual trade of the overall process
123 (25-10-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, maintenance and use of a single register of authorized persons of manufacturers of medicinal products of the Eurasian Economic Union"
124 (25-10-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, maintenance and use of a common information base of these drugs, do not meet quality requirements, as well as counterfeit and (or) of counterfeit medicines identified on the territories of states - members of the Eurasian economic Union "
125 (25-10-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, management and use of a single database of information on the identified adverse reactions (actions) of medicines, including the reports of the ineffectiveness of drugs"
126 (25-10-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, management and use of a single database on a suspended, revoked and banned for medical use medicines"
127 (25-10-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, management and use of a single registry of pharmaceutical inspectors of the Eurasian Economic Union"
128 (01-11-16) On the extension of the import duties of the Common Customs Tariff of the Eurasian Economic Union in respect of waste and scrap of precious metals and of the Council amending the Decision of the Eurasian Economic Commission on October 14, 2015 59 129 (01-11-16) On the classification of frozen vegetable mixes in accordance with the Single Commodity Nomenclature of Foreign Trade of the Eurasian Economic Union
130 (01-11-16) On approval of the Regulation on determination of the customs value of the goods at the end of the customs procedure of free customs zone and free warehouse customs procedures
131 (01-11-16) Determination of quantitative standards of bunker fuel, transported as water supplies courts across the customs border of the Eurasian Economic Union
132 (01-11-16) On amendments to some decisions of the Customs Union Commission
133 (01-11-16) On Amendments to the Procedure for the application of the deferred procedure for determining the customs value of goods
134 (01-11-16) The classification of dried hemoglobin in accordance with the Single Commodity Nomenclature of Foreign Trade of the Eurasian Economic Union
135 (01-11-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, management and use of a common register of owners of customs warehouses"
136 (01-11-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system of foreign and mutual trade of the general process of "formation, management and use of a common register of owners of free warehouses"
66 International Trade Compliance Update December 2016
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Publication Date
Title
08-11-16 09-11-16 17-11-16
22-11-16 23-11-16
137 (01-11-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system
of foreign and mutual trade of the general process of "formation, management
and use of information and a checklist of checkpoints across the external bor-
der of the Eurasian Economic Union"
138 (01-11-16) On the organization of a pilot project for the implementation of electronic document management between the states - members of the Eur-
asian Economic Union and the Eurasian Economic Commission
139 (25-10-16) On the Regulation of the Advisory Committee on Migration Policy
140 (08-11-16) On Amending the Single List of goods subject to bans or restrictions on the import or export of the states - members of the Customs Un-
ion within the Eurasian Economic Community in trade with third countries
141 (08-11-16) On the implementation of the states - members of the Eurasian Economic Union obligations with respect to sensitive products in the im-
plementation of industrial policies
142 (08-11-16) On the classification of paper block for notes in accordance with the Single Commodity Nomenclature of Foreign Trade of the Eurasian
Economic Union
143 (08-11-16) On Amendments to the decision of the Board of the Eurasian Economic Commission on April 19, 2016 36 144 (15-11-16) On the technological documents regulating information interaction in the implementation of the means of the integrated information system
of foreign and mutual trade of the general process of "formation, maintenance
and use of passports database checkpoints across the external border of the
Eurasian Economic Union"
145 (15-11-16) On amendments to some decisions of the Commission of the Customs Union and the Eurasian Economic Commission
146 (15-11-16) On Amendments to the Regulations on the procedure for the filling of the goods declaration
147 (15-11-16) On the order of entry into force of amendments to the technical regulations of the Customs Union "On the safety of machinery and equip-
ment" (TR CU 010/2011)
148 (15-11-16) On Amendments to the Customs Union Commission Decision of 16 August 2011 769 149 (15-11-16) On Amendments to the decision of the Board of the Eurasian Economic Commission on March 5, 2013 28 150 (15-11-16) On introduction of changes in the plan of measures necessary for the implementation of the technical regulations of the Customs Union
"Electromagnetic compatibility of technical equipment" (TR CU 020/2011)
151 (15-11-16) On Amendments to the Resolution of the Board of the Eurasian Economic Commission on April 9, 2013 75 152 (15-11-16) On Amendments to the Resolution of the Board of the Eurasian Economic Commission on April 9, 2013 81 153 (15-11-16) On Amendments to the Resolution of the Board of the Eurasian Economic Commission dated November 18, 2013 265 154 (15-11-16) On Amendments to the Resolution of the Board of the Eurasian Economic Commission dated December 25, 2012 293 155 (21-11-16) On amendments to some decisions of the Commission of the Customs Union and the Board of the Eurasian Economic Commission
156 (21-11-16) On amendments to paragraph 1 of Decision of the Board of the Eurasian Economic Commission on May 5, 2015 42 157 (21-11-16) On Amendments to the procedure for the performance by the customs authorities of customs operations related to the filing, registration
of the transit declaration and the completion of the customs procedure of cus-
toms transit
158 (21-11-16) About the Consultative Committee on the functioning of the internal market
67 International Trade Compliance Update December 2016
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Publication Date
Title
26-10-16
27-10-16 02-11-16
Board () 160 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the program of formation of a common energy market of the Eurasian Economic Union "
161 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the main directions and stages of the coordinated (agreed) transport policy states - members of the Eurasian Economic Union "
162 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On Amendments to the Regulations on the procedure of quarantine phytosanitary control (supervision) at the customs border of the Eurasian Economic Union"
163 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On Amendments to the Regulations on the procedure of quarantine phytosanitary control (supervision) in the customs territory of the Eurasian Economic Union"
164 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On main directions of the international activity of the Eurasian Economic Union in 2017"
165 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "About the order of the Supreme Eurasian Economic Council" On the implementation of the main directions of integration within the Eurasian Economic Union"
166 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the order of payment for services of experts specialized groups established by the Court of the Eurasian Economic Union within the framework of dispute resolution, which are subject matters of industrial subsidies and state support of agriculture measures"
167 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On approval of the fees payable by business entities when applying to the Court of the Eurasian Economic Union"
168 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "About the order of the Eurasian Intergovernmental Council" On the implementation of decisions of the Supreme Eurasian Economic Council on May 29, 2014 72" 169 (25-10-16) On approval of the plan of foreign travel of members of the Board of the Eurasian Economic Commission, officials and employees of the Eurasian Economic Commission in the second half of 2016
170 (25-10-16) Draft decision of the Council of the Eurasian Economic Commission "On establishing the rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union in respect of certain types of chemical compounds"
171 (25-10-16) About the order of the Council of the Eurasian Economic Commission "On the Draft Protocol on amendments to the Treaty on the Eurasian Economic Union of 29 May 2014"
172 (25-10-16) On Amendments to the Advisory Committee on Consumer Protection states - members of the Eurasian Economic Union
173 (25-10-16) On Amendments to the Advisory Committee on Migration Policy
174 (01-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the beginning of negotiations with Iran on the conclusion of an interim agreement leading to the formation of a free trade zone"
175 (01-11-16) Draft decision of the Council of the Eurasian Economic Commission "On Amendments to the list of categories of goods in respect of which special customs procedure and conditions of their placement under a
68 International Trade Compliance Update December 2016
Baker & McKenzie
Publication Date
Title
09-11-16
17-11-16 22-11-16
23-11-16 25-11-16 29-11-16 27-10-16 09-11-16 17-11-16
customs procedure can be set"
176 (08-11-16) Draft decision of the Council of the Eurasian Economic Commission "On amendments to some decisions of the Commission of the Customs Union in respect of marine pipe-laying vessels"
177 (08-11-16) Draft decision of the Council of the Eurasian Economic Commission "On amendments to some decisions of the Commission of the Customs Union in respect of textured yarns of polypropylene"
178 (08-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the Regulation of the annual monitoring and analyzing the results of implementation of the Guidelines industrial cooperation within the framework of the Eurasian Economic Union"
179 (08-11-16) About the Council Regulation of the Eurasian Economic Commission "On the Draft Agreement on the treatment of seeds of agricultural plants in the framework of the Eurasian Economic Union"
180 (08-11-16) Draft Agreement on the voluntary harmonization of the states - members of the Eurasian Economic Union with the Eurasian Economic Commission for specific subsidies for industrial goods and of the Eurasian Economic Commission proceedings relating to the provision of the states - members of the Eurasian Economic Union of specific grants
181 (08-11-16) On introduction of changes to the plan of scientific research of the Eurasian Economic Commission in 2016 - 2017
182 (08-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the beginning of the negotiations with the Republic of India on the conclusion of an agreement on free trade zone"
183 (15-11-16) Draft decision of the Council of the Eurasian Economic Commission "On some issues of customs and tariff regulation"
184 (15-11-16) Draft decision of the Council of the Eurasian Economic Commission "On establishing the rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union on the polyethylene coating factory three-layer anticorrosion coating for pipes of large diameter"
185 (21-11-16) Draft decision of the Council of the Eurasian Economic Commission "On amendments to some decisions of the Commission of the Customs Union in respect of certain types of temporarily imported turboprop commercial aircraft"
186 (21-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the formation of the digital space of the Eurasian Economic Union "
187 (21-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On Amendments to the Regulations of the Eurasian Economic Commission"
188 (21-11-16) On Amendments to the Advisory Committee for Cooperation regulatory authorities at the customs border of the Eurasian Economic Union
189 (21-11-16) On the composition of the Advisory Committee on the functioning of the internal market
190 (08-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the list of developing and least developed countries - users a unified system of tariff preferences of the Eurasian Economic Union"
191 (29-11-16) Draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On introduction of changes in the rules of procedure of the Eurasian Economic Commission"
Board Recommendations
18 (25-10-16) On conclusion of bilateral agreements in the field of migration between states - members of the Eurasian Economic Union
19 (08-11-16) On a coordinated policy in the field of agricultural commodities exchange trade development within the framework of the Eurasian Economic Union
20 (15-11-16) On the Regulation on the addition of license and other similar payments for the use of intellectual property to the price actually paid or paya-
69 International Trade Compliance Update December 2016
Baker & McKenzie
Publication Date
Title
18-11-16
ble for the imported goods 21 (08-11-16) On measures to ensure uniform enforcement practices in the implementation of the customs authorities monitor compliance with the provisional measures of non-tariff regulation imposed by the states - members of the Eurasian Economic Union unilaterally in respect of goods exported to third countries
Classification decisions adopted by the Commission and preliminary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classification decisions under the common tariff adopted by the Commission. A separate website exists for preliminary decisions on the classification of goods adopted by the customs authorities of states - members of the Eurasian Economic Union. It was last updated 3 December 2016. The table lists the tariff codes, a description, rationale (GRIs) for the decision.
Belarus
State Customs Committee (acts, resolutions, orders, etc.)
The following normative legal acts of the State Customs Committee (SCC) were posted to the SCC website:
Date
Subject
01-11-16 08-11-16
5/42851 On licensing of exports of the Republic of Belarus outside the customs territory of the Eurasian Economic Union of certain types of timber and introducing amendments to the Council of Ministers of the Republic of Belarus of February 17, 2012 156 5/42874 On Approval of the procedure of issuing the conclusion about the impossibility of the production or manufacture in short supply in the territory of the Republic of Belarus of bottles for beverages and food products from colorless and colored glass nominal capacity of more than 0,33 liters but less than 1 liter of classified codes 7010 90 430 0 and 7010 90 530 0 Commodity nomenclature of Foreign Trade of the Eurasian economic Union, and introducing amendments to the Resolution of the Council of Ministers of February 17, 2012 156 Council of Ministers of the Republic of Belarus of October 28, 2016 883
Preliminary decisions on tariff classification
The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods ( , ). The database has been updated through November 2016. It may be searched by tariff code or description (in Russian).
Kazakhstan
Orders, regulations, etc.
Date
Subject
Order of the Minister of Finance of the Republic of Kazakhstan dated July 29,
31-08-16 2016 412 "On Amendments to the Order of the Republic of Kazakhstan Minister of Finance on March 31, 2015 246" On approval of the rules for the
70 International Trade Compliance Update December 2016
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Date
Subject
13-10-16 25-10-16
customs clearance of goods by officials of the State Revenue officials
"(registered in the Ministry of Justice of the Republic of Kazakhstan on August 31, 2016 14181); Order of the Minister of Finance of the Republic of Kazakhstan from September 15, 2016 493 "On Amendments to the Order of the Minister of Finance of the Republic of Kazakhstan dated April 20, 2015 274" On Approval of Accounting Regulation in the organs of government revenue to ensure
payment of customs duties and taxes, determining the amount of customs
duties and taxes, as well as the general application of customs duties and
taxes `` (registered in the Ministry of Justice of the Republic of Kazakhstan dated October 13, 2016 14323); On Amending Resolution of the Government of the Republic of Kazakhstan dated January 21, 2011 24 "On approval of the rates of customs charges levied by the customs authorities" Public discussion before 11-11-16
Russian Federation
Preliminary decisions on tariff classification
The Federal Customs Service (FCS) has a searchable on-line database of preliminary decisions on tariff classification. The database has been updated through November 2016. It may be searched by tariff code, description (in Russian) or note number.
Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees ( ) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information ( - ) during the period of coverage of this Update:
R.G. Date of Publica-
tion
Subject
11-11-16 15-11-16
Russian Federation Government Resolution dated 07-11-2016 1142 "On Amendments to the list of technological equipment (including accessories and spare parts), analogues of which are produced in the Russian Federation, whose import into the Russian Federation is not subject to Value Added Tax
Order of the Federal Customs Service of 18-10-1016 1985 "On food security in customs bodies of the Russian Federation"
Decree of October 9, 2016 1020. On Amendments to the list of agricultural products, raw materials and food, country of origin is the Republic of Turkey and which are prohibited from being imported into Russia - From the list, in particular, are excluded fresh and dried oranges, tangerines and other citrus fruits, fresh apricots, peaches, plums
Decree of October 7, 2016 1019. Technical regulation on safety of chemical products established mandatory for application and execution on the territory of Russia requirements of the released chemical products, its packaging and labeling
Order of the Ministry of Industry and Trade on 14/10/2016 3685 "On approval of the selection of recipients of subsidies provided to Russian companies for reimbursement of the costs associated with the payment of
duties on patenting of Russian development producers and exporters abroad"
Order of the Federal Customs Service of 18-10-2016 1985 "On food security in customs bodies of the Russian Federation" (Registered in the Ministry of Justice of Russia 10-11-2016 44293) Russian Federation Government Resolution dated 12.11.2016 1154
71 International Trade Compliance Update December 2016
Baker & McKenzie
The International Trade Compliance Update is a publication of the Global Trade and Commerce Practice Group of Baker & McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker & McKenzie advises on all aspects of International Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar and dates-In keeping with the global nature of Baker & McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only.
R.G. Date of Publica-
tion
Subject
"On the order of the customs authorities of the sanitary-quarantine, veterinary, phytosanitary quarantine control (supervision) of goods and vehicles at checkpoints across the state border of the Russian Federation, located in the free port of Vladivostok, and amendments to certain acts of the Russian Federation"
Africa
South Africa
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Publication Publication
Date
Details
GG.40401 R.1370
04-11-16
GG.40401 R.1369
11-11-16
GG.40415 R.1405
Subject
Correction Notice By the substitution of the rates of duty where they appear in the "MERCOSUR" column as published in Notice R.1283 of Government Gazette 40356 on 21 October 2016
Notice R.1370 Correction Notice By the substitution of the rates of duty where they appear in the "MERCOSUR" column as published in Notice R.1284 of Government Gazette 40356 on 21 October 2016
Notice R.1369 Amendments to Rule 46A3 relating to the Generalised System of Preferences (GSP) for the Russian Federation
Notice R.1405
Implementation Date
10-10-16
11-11-16
Trade compliance enforcement actions - import, export, IPR, FCPA
Credits:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving U.S. and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis].
[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep't Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep't of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs.]
72 International Trade Compliance Update December 2016
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Date of Release
Subject
10-31-16 11-03-16
11-04-16 11-08-16 11-14-16 11-14-16
11-18-16
Law enforcement agencies around the world collaborate on international Darknet marketplace enforcement operation (ICE, CBP, USPIS, FBI, DEA, USSS, IRS, ATF, Australia, UK, Canada, New Zealand, Europol, State and Local) Bay Area woman arrested for allegedly selling counterfeit cosmetics (ICE) North Carolina Woman Sentenced to 48 Months in Prison for Fleeing Country to Avoid Telemarketing Fraud Sentence (DOJ, USMS, USPIS, ICE, Dep't of State, CBSA) 14th century Italian manuscript transferred to ICE following probe (ICE, Italy, Museum) Two Pakistani Nationals Sentenced for Conspiring to Illegally Ship Pharmaceuticals into the United States (DOJ, FDA, FBI, USPIS, UK, INTERPOL) Maryland man pleads guilty to unlawful cigarette smuggling (DOJ, ICE, TTB, FBI, IRC, Virginia, West Virginia and New York authorities) NOV Settles Potential Civil Liability for Apparent Violations of the Cuban Assets Control Regulations, the Iranian Transactions and Sanctions Regulations, and the Sudanese Sanctions Regulations [$5,976,028] (DOJ, OFAC, BIS) Pet Store Agrees to Pay $4.25 Million Civil Penalty, Compliance Improvements for Failure to Report Defective Glass Fish Bowls and Misrepresentation (CPSC) Order Denying Export Privileges to Luis Alberto Najera- Citalan [AECA] (BIS) Order Denying Export Privileges to Jorge Santana, Jr.[AECA] (BIS) Order Denying Export Privileges to Hassan Jamil Salame [AECA] (BIS) Order Denying Export Privileges to Daniel Miranda-Mendoza [AECA] (BIS) Order Denying Export Privileges to Javier Nenos Rea [AECA] (BIS) Order Denying Export Privileges to Julio Cesar Solis-Castilleja [AECA] (BIS)
Newsletters, Reports, Articles, Etc.
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie's September 2016 Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are:
Jochen Meyer-Burrow, Partner, [email protected]
Martin Morawski, Associate, [email protected]
Publications, Alerts, Newsletters
The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you:
Subject
International Trade, Tax and Anti-corruption
Global October 2016 International Trade Compliance Update
{Older issues}
International Commercial and Trade Client Alert: Trump Administration's Trade Policies
NAFTA in Play
Mexico International Trade and Customs Legal Alert 80 Antidumping News - Aluminum Cookware from China, Seamless Steel Pipes from Japan, Ferro-Silico-Manganese from
India, Ceramic Coatings from China (Eng.); Noticias Antidumping - Artculos para cocinar
de aluminio originarios de China, Tubera de acero sin costura originaria de Japn, Ferro-
silicomanganeso originario de la India, Recubrimientos cermicos originarios de China
(Span.)
73 International Trade Compliance Update December 2016
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Subject
Compliance & Investigations Client Alert: New French Anti-Corruption Law: France Strengthens its Legislation to Combat Bribery and Corruption and Adopts U.S.-Style AntiCorruption System
Other areas
Buenos Aires Labor Newsletter (Eng.); Newsletter Laboral (Span.) Buenos Aires Corporate Alert: News for "Sociedades Anonimas Unipersonales" (Eng.); Novedades para las Sociedades Annimas Unipersonales (Span.) Buenos Aires Data Privacy Alert: Cross-Border Data Transfers Jurisdictions With Adequate Levels of Data Protection (Eng.); Transferencia Internacional de Datos Personales Jurisdicciones con Niveles Adecuados de Proteccin de Datos Personales (Span.) Kyiv Real Estate and Construction Client Alert: Moratorium on the Sale of Agricultural Land to Continue for Another Year (Eng.); / (Ukr.); (Russ.) Kyiv Real Estate, Construction and Corporate Law Client Alert: Procedure for registration of property rights to real estate, and protection of equity holders, has been improved (Eng.); (Ukr.); (Russ.) Australia Corporate Client Alert: ASX changes to admission requirements (U.S. Healthcare) Legal Alert: Implications of a Trump Administration for the Healthcare Sector
Webinars, Meetings, Seminars, Etc.
See Page 1 for 2017 Webinar Series information
2016 International Trade Compliance Webinar Series
Our 13th annual, International Trade Compliance Webinar Series entitled, "TPP and New Developments in Global Trade" has been completed. It had several sessions covering the Trans-Pacific Partnership (TPP), as well as sessions covering key developments in customs, export and FCPA. Terrie Gleason, a partner in our Washington, DC office and Co-Chair of the Firm's Global Customs and FTA Practice Group moderated these webinars.
All webinars run approximately 90 minutes. If you missed a webinar, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted. Due to a redesign of our website, previous links are no longer valid.
Recorded Webinars:
Date
Topic
Presented January 26
Presented February 16
Overview of the Trans-Pacific Partnership (TPP) Speakers: Frederick Burke (Ho Chi Minh City), Miguel Noyola (Chicago), Eugene Lim (Singapore), and Elizabeth Nightingale (Kuala Lumpur).
The Trans-Pacific Partnership (TPP) and Labor and Environment Speakers: Frederick Burke (Ho Chi Minh City) and Thuy Hang Nguyen (Ho Chi Minh City).
74 International Trade Compliance Update December 2016
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Presented March 29
Presented April 19
Presented May 24
Presented June 21
Presented July 26
Customs Considerations in Free Trade Agreements, Including TPP and NAFTA Speakers: Adriana Ibarra (Mexico City), Stuart Seidel (Washington, DC), and Meredith DeMent (Washington, DC).
The Latest on Trade Sanctions: Iran, Russia, and Other Developments Speakers: Steven Hill (Washington, DC), Philippe Reich (Zurich), Alexander Bychkov (Moscow), and Ben Smith (London).
Cuba Sanctions Developments and Updates Speakers: Alison StaffordPowell (Palo Alto), Alexandre Lamy (Washington, DC), Brian Cacic (Toronto), and Julia Pfeil (Frankfurt).
FCPA Considerations Arising in Import/Export Operations Speakers: John McKenzie (San Francisco), Joan Meyer (Washington, DC) and Mini vandePol (Hong Kong).
Update on Customs Valuation Issues Around the World Transfer Pricing, First Sale, Royalties Speakers: Paul Burns (Toronto), Nicole Looks (Frankfurt), Jennifer Revis (London), and Eugene Lim (Singapore).
Practice Group Co-Chair: Teresa A. Gleason, Co-Chair, Global Customs and FTA Practice (Washington, DC), Tel: +1 202 452 7030, [email protected]
Questions: If you have any questions regarding this webinar series, please contact:
Sal Gonzalez, Business Development Specialist, Tel: +1 202 835 1661 or [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 credit. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This nontransitional program is not appropriate for newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc.
WTO TBT Notifications
Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of "notifications" to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison.
Country
Argentina Argentina Argentina
Notification
ARG/83/Add.2 ARG/97/Add.5 ARG/193/Add.3
Date Issued
Final Date for Com-
ments
Merchandise Covered
10/26/2016 Not given Compressed natural gas (CNG) 10/26/2016 Not given Motor vehicles 10/26/2016 Not given Motor vehicles
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Country Argentina
Bolivia
Brazil Brazil Brazil Brazil Brazil Canada Canada Canada Canada Chile Chile Chile Colombia Colombia Colombia
Notification ARG/308
BOL/5
BRA/327/Add.4 BRA/697 BRA/698 BRA/699 BRA/700 CAN/501 CAN/502 CAN/503 CAN/504 CHL/237/Add.3 CHL/376 CHL/377 COL/196/Add.6 COL/221 COL/177/Add.2
Date Issued
Final Date for Com-
ments
Merchandise Covered
10/19/2016 Not given Alcoholic beverages - Wine
39.23.30.20: Articles for the conveyance or pack-
ing of goods, of plastics; stoppers, lids, caps and
other closures, of plastics. - Carboys, bottles,
flasks and similar articles. - Preforms for PET and
REPET bottles. The notified Technical Regulation
does not cover preforms for REPET bottles. .
39.23.30.99: Articles for the conveyance or pack-
ing of goods, of plastics; stoppers, lids, caps and
other closures, of plastics: - Carboys, bottles,
10/24/2016
12/23/2016
flasks and similar articles. - Other: - PET and REPET bottles. The notified Technical Regulation
does not cover REPET bottles. . The notified text
also covers all PET bottles marketed in national
territory containing carbonated or aerated bever-
ages (including soft drinks), water, energy drinks,
rehydration drinks, and other similar beverages
as a finished product, regardless of whether the
bottling process has taken place in Bolivia or the
bottles have been imported. . Carboys, bottles,
flasks and similar articles (HS 392330)
11/09/2016 Not given Medicine
All products, services and processes that are 11/11/2016 Not given subject to a conformity assessment procedure;
Product and company certification
Parts & accessories for adp. machines & units 11/11/2016 11/25/2016 (HS 847330) - Parts and accessories of the ma-
chines of heading 84.71
11/18/2016 12/15/2016 Food
11/24/2016 12/19/2016 Drugs
11/14/2016 01/19/2017 Toiletries (HS Chapter 33; Chapter 34)
11/16/2016
01/19/2017
Standards and technical regulations pertaining to environmental protection (HS Code 29038990)
11/23/2016
01/18/2017
Tobacco products: Cigarettes, little cigars, cigars and blunt wraps (HS 2402)
11/23/2016 01/12/2017 Motor vehicle
10/19/2016
Not given
Pesticides and other phytosanitary products in general
Portable chain-saws with internal combustion 10/31/2016 12/30/2016 engines powered by liquid fuel, for forestry use.
Sawing machines (HS 8465.91)
11/15/2016 01/14/2017 Light and medium-sized vehicles. Motorcycles.
10/26/2016 Not given Biological medicines
In vitro reagents for research, orphan in vitro di-
agnostic reagents, analytical grade in vitro rea-
10/28/2016
01/25/2017
gents, analyte-specific reagents, and reagents for general laboratory use (30.02.10.33.00,
30.02.90.20.00, 30.06.20.00.00, 38.21.00.00.00,
38.22.00.90.00).
11/15/2016 Not given Meat and edible meat products of poultry
76 International Trade Compliance Update December 2016
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Country
Notification
Costa Rica
Dominican Republic Ecuador Ecuador
CRI/121/Add.3 DOM/142/Add.1 ECU/54/Add.5 ECU/58/Add.4
Ecuador
ECU/106/Add.4
Ecuador
ECU/177/Add.3
Ecuador El Salvador El Salvador El Salvador European Union European Union
European Union
European Union European Union European Union European Union Georgia Georgia Honduras Israel Jamaica Japan Kenya Kenya Kenya Kenya
ECU/32/Add.11 SLV/183/Add.1 SLV/186 SLV/182/Add.1 EU/419 EU/420
EU/421
EU/422 EU/423 EU/424 EU/425 GEO/97 GEO/98 HND/88/Add.1 ISR/936 JAM/54 JPN/538 KEN/498 KEN/499 KEN/500 KEN/501
Date Issued
Final Date for Com-
ments
Merchandise Covered
11/02/2016 Not given Steel bars and wire for concrete reinforcement
11/04/2016 Not given Steel bars and rods and concrete structures
10/26/2016 Not given Three-wheeled motor vehicles (HS 8711, 8714)
10/28/2016 Not given Buses (HS 8702.10, 8706, 8707.90)
Surface tension agents (HS 3401.11.00,
10/26/2016
Not given
3401.19.00, 3401.19.10, 3401.19.90, 3401.20.00, 3401.30.00, 3402.11.10, 3402.11.90, 3402.12.10,
3402.12.90 and 3402.13.10)
Motorcycles (HS 8711, 8711.10.00, 8711.10.00.10, 8711.10.00.90, 8711.20.00, 8711.20.00.10, 8711.20.00.90, 8711.30.00, 10/26/2016 Not given 8711.30.00.10, 8711.30.00.90, 8711.40.00, 8711.40.00.10, 8711.40.00.90, 8711.50.00, 8711.50.00.10, 8711.50.00.90, 8711.90.00, 8711.90.00.10 and 8711.90.00.90)
11/01/2016 Not given Motor vehicles (HS 9900)
10/19/2016 Not given Organic agricultural products
10/27/2016 12/26/2016 Water for human consumption
11/10/2016 Not given Pharmaceutical products
10/31/2016 12/30/2016 Minerals
11/09/2016 01/08/2017 Medicinal products for human use
Marine equipment (including inter alia life-saving
11/11/2016
01/10/2017
appliances, pollution prevention equipment, fire protection equipment, navigation equipment, ra-
dio communication equipment)
11/14/2016 01/13/2017 Oxyfluorfen (pesticide active substance)
11/17/2016 01/16/2017 Electrical and electronic equipment
11/17/2016 01/16/2017 Electrical and electronic equipment
11/17/2016 01/16/2017 Electrical and electronic equipment
11/01/2016 Not given Safety on roads
11/01/2016 Not given Road construction
11/04/2016 Not given Organic agricultural products
11/15/2016 01/14/2017 Food
11/17/2016 01/16/2017 Mineral aggregates, sands and fillers
11/03/2016
Not given
Substances with probable effects on the central nervous system.
11/22/2016 01/09/2017 Carcasses and meat cuts (HS 0201, 0202)
11/22/2016 01/09/2017 Carcasses and meat cuts (HS 0204)
11/22/2016 01/02/2017 Transport in general
11/23/2016 12/30/2016 Canned mushrooms
77 International Trade Compliance Update December 2016
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Country
Notification
Date Issued
Final Date for Com-
ments
Merchandise Covered
Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Korea, Republic of Korea, Republic of Korea, Republic of
KEN/502 KEN/503 KEN/504 KEN/505 KEN/506 KEN/507 KEN/508 KEN/509 KEN/510 KEN/511 KEN/512 KEN/513 KEN/514 KEN/515 KEN/516 KEN/517 KEN/518 KEN/519 KEN/520 KEN/521 KEN/522 KEN/523 KEN/524 KEN/525 KOR/686 KOR/687 KOR/688
Korea, Republic of KOR/689
Korea, Republic of Korea, Republic of
KOR/690 KOR/691
11/23/2016 12/30/2016 Bedspreads (HS 63041)
11/23/2016
12/30/2016
Bed linen, table linen, toilet linen and kitchen linen (HS 6302)
11/23/2016 12/30/2016 Compounded tilapia feeds
11/23/2016 12/30/2016 Flavoured milk
11/23/2016 12/30/2016 Pickled fruits and vegetables
11/23/2016 12/30/2016 Quick frozen vegetables
11/24/2016 12/30/2016 Fruit drinks and squashes
11/24/2016 12/30/2016 Black tea
11/24/2016 12/30/2016 Flavoured milk
11/24/2016 12/30/2016 Provolone cheese
11/24/2016 12/30/2016 Goat cheese (HS 0406)
11/24/2016 12/30/2016 Edam cheese (HS 0406)
11/24/2016 12/30/2016 Brie cheese (HS 0406)
11/24/2016 12/30/2016 Raw whole goat milk
11/24/2016 12/30/2016 Havarti cheese (HS 0406)
11/23/2016 12/30/2016 Canned citrus fruits
11/24/2016 12/30/2016 Canned vegetables
11/24/2016 01/02/2017 Timber
11/24/2016 01/02/2017 Transport in general (ICS: 03.220.01)
11/25/2016 12/30/2016 Camembert cheese (HS 0406)
11/25/2016 12/30/2016 Cow ghee (HS 0405)
11/25/2016 12/31/2016 Instant coffee (HS 2101)
11/25/2016 12/30/2016 Emmental cheese (HS 0406)
11/25/2016 12/30/2016 Canned fruits
11/01/2016 12/31/2016 Health functional food products
11/02/2016 01/01/2017 Furniture for children
11/02/2016 01/01/2017 Furniture
Toilet paper, paper towel, cotton swab, disposa-
11/02/2016
01/01/2017
ble diaper, paper napkin, disposable spoons, forks, knives, chopsticks, dish detergent, dish-
washer rinse aid etc.
11/11/2016 01/10/2017 Food
11/14/2016 01/13/2017 Health functional food products
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Country
Notification
Korea, Republic of Mexico Mexico Mexico
KOR/692 MEX/328 MEX/297/Add.1 MEX/298/Add.1
Mexico
MEX/303/Add.1
Mexico
MEX/316/Add.1
Mexico
MEX/329
Mexico
MEX/330
Mexico
Mexico Mexico Mexico Nicaragua Panama Paraguay Peru Saudi Arabia
MEX/303/Add.2
MEX/316/Add.2 MEX/331 MEX/332 NIC/147/Add.1 PAN/87/Add.1 PRY/88 PER/89/Corr.1
Taiwan Economy
TPKM/254
Taiwan Economy Taiwan Economy Taiwan Economy
TPKM/226/Add.2 TPKM/240/Add.1 TPKM/255
Thailand
THA/490
Thailand
THA/464/Add.1
Date Issued
Final Date for Com-
ments
Merchandise Covered
11/16/2016 01/15/2017 Electrical appliances and industrial products
10/13/2016 12/04/2016 Petrochemicals (headings 27.01 to 2901.10)
10/21/2016
Not given
Glazed pottery ware, glazed ceramic ware, porcelain ware and glass ware
10/21/2016 Not given Agave syrup (HS tariff subheading 1702.60)
Terminal equipment connected or interconnected 10/27/2016 Not given via wireline access to a public telecommunica-
tions network (HS Chapter 85)
10/27/2016 Not given Petrochemicals (heading 27.11)
Portable machinery fitted with an internal com10/28/2016 12/26/2016 bustion engine, intended mainly for agricultural,
forestry and domestic use (heading 82024001)
11/04/2016
12/31/2016
Design characteristics and conditions for use of the official countermark
Terminal equipment connected or interconnected 11/16/2016 Not given via wireline access to a public telecommunica-
tions network (HS Chapter 85)
11/16/2016 Not given Petrochemicals (heading 27.11)
11/21/2016 01/20/2017 School scissors (tariff heading 8213.00)
11/16/2016 Not given Vapour recovery systems
10/26/2016 Not given Organic agricultural products
10/24/2016 Not given Organic agricultural products
10/28/2016 Not given Used pneumatic tyres (HS 4012.20.00) 10/21/2016 Not given Food
Gas cylinders and the fuel thereof for portable
11/07/2016
01/06/2017
gas stoves, blowtorches and refillable lighters (refer to attachment) (HS 271113, 271119,
290110)
11/15/2016 Not given Prepackaged food grade salt products
11/17/2016 Not given Food for human consumption
11/17/2016
01/17/2017
Self-ballasted fluorescent lamps (HS Chapter 85, 853931)
Banana, cheshnut, dragon fruit, cantaloupe, rambutan, rose apple, watermelon, pomegranet, guava, jujube, mango, papaya, sapodilla, longan, strawberry, mandarine, orange, pear, grape, apple, garlic, cauliflower, cabbage, chives, galangal, 11/01/2016 12/11/2016 kale, carrot, spring onion, bean sprout, ivy gourd, cucumber, yardlong bean, garden pea, broccoli, basil leaf, asiatic pennywort, spinach, chinese cabbage, amaranth, water spinach, pepper, pumpkin, tomato, eggplant, potato, shallot, mushroom, sweet basil.
11/04/2016 Not given Flat steel products and semi-products
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Country
Notification
Date Issued
Final Date for Com-
ments
Merchandise Covered
Thailand
THA/465/Add.1
11/04/2016 Not given Hot rolled structural steel
Thailand
THA/471/Rev.1
11/24/2016 Not given Infant and young child food (HS 0401, 0402)
Turkey Turkey
TUR/83 TUR/84
11/04/2016 01/02/2017 Foodstuffs
Bulbs, roots, tubers; Fresh fruits and vegetables;
Cereals and their milled products, nuts, oil seeds,
pulses dried vegetables and dried fruits; Raw fish,
11/18/2016
01/14/2017
shellfish and their products (fresh or frozen), frozen frog leg; Poultry meat and red meat and their
products (fresh or frozen); Dry vegetables, spic-
es, dry herbs, condiments and botanic teas; Dried
food of animal origin.
Turkey
TUR/85
11/18/2016 02/01/2017 Fermented milk products
Turkey
TUR/86
11/18/2016 02/15/2017 Olive oil and olive pomace oil (HS 1509)
Uganda Uganda
UGA/593 UGA/594
Uganda
UGA/595
11/02/2016 01/04/2017 Dairy based beverages (HS 0401, 0402)
Pillows for domestic use, Synthetic fibre filled
pillows for domestic use. Mattress supports; arti-
cles of bedding and similar furnishing (for exam-
11/04/2016
01/02/2017
ple, mattresses, quilts, eiderdowns, cushions, poufs and pillows) fitted with springs or stuffed or
internally fitted with any material or of cellular
rubber or plastics, whether or not covered (HS
9404)
Pillows for domestic use, Plumage filled pillows for domestic use. Mattress supports; articles of bedding and similar furnishing (for example, mat11/04/2016 01/02/2017 tresses, quilts, eiderdowns, cushions, poufs and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered (HS 9404)
Ukraine
UKR/110
United Arab Emirates ARE/343
United Arab Emirates ARE/344
United Arab Emirates ARE/345
United States
USA/1213
United States
USA/1214
11/18/2016 01/17/2017 Cocoa and chocolate products 11/03/2016 01/02/2017 Textile products 11/25/2016 01/24/2017 Classifying the quality of livestock meat 11/25/2016 01/24/2017 Liquid fuels 11/02/2016 Not given Upper extremity prosthesis 11/02/2016 Not given Eustachian tube balloon dilation system
United States United States United States United States United States
USA/1215
11/02/2016 02/15/2017 Refrigeration products (HS 8418)
USA/1011/Add.5
11/03/2016 Not given Medium and heavy-duty vehicle emissions
USA/1045/Add.1/Corr.1 11/03/2016 Not given Energy labels
USA/1116/Add.2
11/04/2016 Not given Canned and bottled foods and beverages
USA/1139/Add.1
11/04/2016 Not given Taximeter systems
United States United States United States
United States
USA/1216
11/04/2016 12/27/2016 Ozone-depleting substances
USA/1217
11/04/2016 12/27/2016 Ozone-depleting substances
USA/1218 USA/552/Rev.1/Add.1
11/04/2016 11/10/2016 Sulfur content in fuels
11/09/2016
Not given
Air conditioners, heat pumps (HS 8415.10, 8418.61)
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Country
United States United States United States United States United States United States United States United States United States United States United States United States United States United States United States United States United States United States Zambia Zambia Zambia Zambia Zambia Zambia Zambia Zambia
Notification
USA/1215/Add.1 USA/1216/Add.1 USA/1218/Add.1 USA/1219 USA/1220 USA/803/Add.1 USA/1188/Add.2 USA/1202/Add.1 USA/1221 USA/698/Rev.1 USA/1084/Add.1 USA/1124/Add.1 USA/1132/Add.2 USA/1222 USA/1223 USA/225/Add.1 USA/550/Add.2 USA/1049/Add.2 ZMB/70 ZMB/71 ZMB/72 ZMB/73 ZMB/74 ZMB/75 ZMB/76 ZMB/77
Date Issued
Final Date for Com-
ments
Merchandise Covered
11/09/2016 Not given Refrigeration products (HS 8418)
11/09/2016 Not given Ozone-depleting substances 110/9/2016 Not given Sulfur content in fuels
11/09/2016 Not given Cigarettes (HS 240220)
110/9/2016 11/28/2016 Chemical substances
11/10/2016 Not given Tires and rims (HS 4011) 11/10/2016 Not given Speed limiting devices
11/10/2016 Not given Veterinary biological products
11/11/2016 12/09/2016 Manufactured housing (HS 8716)
11/18/2016 Not given Light-emitting diode lamps
11/18/2016 Not given Commercial packaged boilers (HS 84) 11/18/2016 Not given Commercial water heating equipment
11/18/2016 Not given Compressors
11/18/2016 01/17/2017 Nonylphenol ethoxylates (NPEs)
11/18/2016 01/17/2017 Renewable fuels
11/25/2016 Not given Electric motors and generators (HS 8501)
11/24/2016
Not given
Personal protective equipment (fall protection systems)
11/24/2016 Not given Refrigerants
11/18/2016 01/17/2017 Greases
11/18/2016 01/17/2017 Oils 11/18/2016 01/17/2017 Oils
11/18/2016 01/17/2017 Blankets 11/18/2016 01/17/2017 Blankets
11/22/2016 01/21/2017 Blankets (HS 630140) 11/22/2016 01/21/2017 Blankets
11/22/2016 01/21/2017 Fertilizers
CBSA Advance Rulings
No new advance rulings were posted by the Canada Border Services Agency (CBSA) this past month. In September of 2014, the CBSA enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.
It is important to note that rulings are binding only between the CBSA and the applicant. While posted rulings are for reference purposes only, they provide mean-
81 International Trade Compliance Update December 2016
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ingful guidance and help other importers in complying with Canada's trade legislation. Click on the "Merchandise" listing to see full text of the posted ruling.
CBP Rulings: Downloads and Searches
As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 190,000 such rulings are in the database.
CBP Rulings: Revocations or Modifications
The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 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 Classification or Posi- New Ruling tion
New Classification or Position
Comments Due (C) or Effective
Date (E)
Proposed Revocations and Modifications
Tariff classification of plastic water dispensers
HQ H044957 (R) HQ H044959 (R) HQ H058924 (R)
3926.90.99
HQ H278188 3924.10.40 [GRI 1
Tariff classification of an (P) 11-09-16 automatic stereo turnta- NY N268674 (R) 8519.30.10
ble system from China.
HQ H271390 8519.89.20 [GRI 3(b),6] (C)12-09-16
Tariff classification of decorative plush figures
NY N264243 (R)
6307.90.9889
9503.00.0090 [GRI 1, HQ H275175 3(a) and Note 1(t) to
Section XI]
(P) 11-30-16
Tariff classification of reusable bags of woven polypropylene strips used for yard waste and recycling
HQ 955639
(R)
6307.90.9986
HQ H275824
6305.32.0010 [GRI 1; AUSN 1(a); EN)
(C) 12-30-16
Revocations and Modifications
Tariff classification of a spare parts repair kit for a mold machine
NY N050746
(R)
8477.90.8501 [GRI 3(b)]
4016.93.50, 7318.21.00, 7320.90.50, 8477.90.85, HQ H249811 9025.19.80 [GRI 1 and EN (X) to GRI 3] Not a kit
(A) 11-09-16
Tariff classification of shoe covers
NY N239495
Tariff classification of a battery powered transfer NY N274106 trolley
(R) 6402.99.33 (R) 8704.90.00
HQ H246161 6402.99.31[GRI 1,6] (E) 01-09-17
HQ H275962 8709.11.00 [GRI 1,6]
Tariff classification of sheet straps
NY D84225 (R) 7326.90.85
6307.90.9889 [GRI 1; HQ H058921 Note 7 to Section X,
ENs]
(A) 11-30-16
Tariff classification of an aircraft engine.
NY N264006
(M)
8411.81.8000
HQ H266007
8411.81.40 [GRI 1,6; EN to 84.11]
(E) 01-30-17
Tariff classification of NY N262339 (R) 3921.12.1950 HQ H264986 3921.12.1100 [GRI 1,6;
82 International Trade Compliance Update December 2016
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Published in CBP Bulletin (P) Proposed
(A) Action
Product(s) or Issue(s)
Ruling(s) to be Modified (M) or
Revoked (R)
Old Classification or Posi- New Ruling tion
New Classification or Position
Comments Due (C) or Effective
Date (E)
certain plastic sheets from China
3921.90.1950
Note 10 chap 39; EN and court case]
3921.90.1100 [GRI 1,6; Note10 chap 39; EN and court case]
Tariff classification of flavored tea.
NY N004103 (M) NY N041686 (M) 2101.20.90 NY G87506 (R)
0902.10.10 [GRI 1,6; HQ H260569 Note 1(c) to chap 21;
EN]
Tariff classification of hospital bed and chair mattresses
NY H87018 NY E84866
(R) (R)
9402.90.00
9404.21.0095 [GRI 1; HQ H276631 Note 3(b) to chap 94;
EN]
Tariff classification of hole saw kits for door lockset installation
NY J82340 (M) 8207
HQ H251432
8202.99.00 [GRI 1,3(b); EN]
Tariff classification of renewable diesel.
NY N250961
(R) 3824.90.9290
HQ H258443
2710.19.45 [GRI 1; Note 2 to chap 27; EN]
Tariff classification of a cam fastener and dowel NY N25910 composed of zinc
(R) 9403.90.8041
HQ H263900
7907.00.60 [GRI 1,6; Note 1(d) Chap 94]
Tariff classification of photomask pellicles
HQ H055635 (R)
HQ H055636 HQ H031396
(R) (R)
8486.90.00
NY N121378 (R)
HQ H266871
3926.90.99 [GRI 1,3(b); EN
European Classification Regulations
The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.
Commission Implementing
Regulation
Description of the goods
An article comprising electronic components; a starter, an actuator, a regulator and a stop unit (so-called `electronic control unit (ECU)') contained in a rectangular housing of aluminium with measurements of 98 74 20 mm and a weight of 160 g.
(EU) 2016/1957 of 04-11-16
The article supplies power to the xenon headlights of motor vehicles.
When the headlights are turned on the article firstly converts direct current (DC) 12 V from the on-board electrical system into 1 200 V DC and transmits it to the igniter (not present upon presentation). Secondly, the article converts the DC into alternating current (AC) to light the lamps and continuously generates the voltage required (85 V) to keep the lights burning
Classification (CN code)
Reasons
8504 40 90
Classification is determined by general rules 1, 3 (c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8504 , 8504 40 and 8504 40 90 .
Classification as a control unit under heading 8537 is excluded, since the article is designed to convert current from DC 12 V into DC 1 200 V and to convert DC 12 V into AC 85 V, which are functions covered by heading 8504 .
As neither of the functions is considered to be the principal function of the apparatus within the meaning of note 3 to section XVI, it is to be classified under the subheading that occurs last in numerical order.
The article is therefore to be classified under CN code 8504 40 90 as other static converters.
83 International Trade Compliance Update December 2016
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Commission Implementing
Regulation
Description of the goods
Classification (CN code)
Reasons
sufficiently. See image
An article consisting of 27 sockets in a housing (a so-called `power distribution unit') with dimensions of approximately 5 8 173 cm. The housing is fitted with an electrical cable of a length of approximately 3 m, and a plug for connection to an electrical power mains socket.
(EU) 2016/1958 of 04-11-16
It is presented to be used for supplying electricity of 230 V to various rackmounted components in a cabinet. The article is mounted in a vertical position in standard network enclosures. The article also logs and transmits internal data (such as electricity, voltage, output and usage) and alarm messages (if values go above or below certain thresholds) via the included communication card.
See image
8537 10 99
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8537, 8537 10 and 8537 10 99 .
Classification under heading 8544 as a cable fitted with connectors is excluded, since the article is designed to function as an apparatus for the distribution of electricity.
As the article consists of several sockets, a cable and a device to communicate, it is to be classified under CN code 8537 10 99 as other boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536 for the distribution of electricity.
Unassembled shower doors, designed to be mounted and fixed to the wall, consisting of the following components:
--two panels, made of single-panesecurity glass (ESG EN 12150), measuring 2 100 860 6 mm (pivoting panel functioning as a door) and 2 100 810 6 mm (fixed/non pivoting panel),
(EU) 2016/1962 of 07-11-16
--two aluminium profiles to be fixed on one side of each panel, measuring 2 100 25 mm containing rails, a plastic seal and four screw holes,
--knobs, beams, plates, hinges, clamps and other fixing devices made of highgrade steel,
-- screws, hex keys, plugs and anchors,
--seals (a magnetic seal, for closing the door panels, and a bellows seal for sealing between fixed and movable parts).
The glass possesses a protection, having been soaked and processed, against lime, dirt and cleaning agent sediment.
See image of the article already assembled
7020 00 80
Classification is determined by General Rules 1, 2(a), 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7020 00 and 7020 00 80 .
The article is a composite good, presented unassembled, made up of different components. As the profiles are only on one side of each panel, the product is not considered to be set in a frame (see also the Explanatory Notes to the Combined Nomenclature to Chapter 70, General, second paragraph). The profiles, fixing devices, screws, plugs, seals etc. are components of a subordinate character. It is therefore the glass that gives the product its essential character.
Classification under heading 7326 as other articles of steel or under heading 7610 as frames made of aluminium is therefore excluded.
Classification under heading 7013 as glassware of a kind used for toilet or similar purposes is also excluded, as only small movable articles are covered (see also the Harmonized System Explanatory Notes to heading 7013 , first paragraph, (2)).
Classification under heading 7007 as a safety glass is also excluded as this heading covers safety glass but not articles made thereof.
The article is therefore to be classified under CN code 7020 00 80 as other articles of glass.
(EU) 2016/2033 of 17-11-16
A product consisting of glitter for toothpaste in the form of dark blue particles which dissolve when brushing the teeth and give a blue colour to the foam formed by the toothpaste. The colouring matter
3204 19 00
Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3204, and 3204 19 00 .
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Commission Implementing
Regulation
Description of the goods
adheres to the cleaned teeth, allowing a reflection of blue light from the teeth enamel, thereby causing the teeth to appear whiter for a limited period of time.
The product is composed of the following ingredients (% by weight):
-- hydroxypropyl approx. 55, methylcellulose
-- propylene glycol approx. 21,
-- blue pigment
approx. 17,
-- polysorbate 80 approx. 4,
-- red dye
approx. 3.
The blue pigment and the red dye serve as colouring matter.
The product is presented in bulk.
Classification (CN code)
Reasons
Classification under heading 3912 as cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms, is excluded as the hydroxypropyl methylcellulose, although predominant by weight, serves only as a carrier for the colouring matter but does not give the product its essential character.
The blue pigment and the red dye, serving as colouring matter, give the product its essential character.
Therefore, the product is to be classified in CN code 3204 19 00 as a preparation based on a mixture of colouring matter of two or more of the subheadings 3204 11 to 3204 19 .
Amendments to the CN Explanatory Notes
The table below shows amendments to the explanatory notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Update.
Official Journal Page and/or CN code Description of Articles
2016/C 415/05 11-11-16
pg. 379 - 9405 50 90
pg. 187 3920
2016/C 427/03 19-11-16
pg. 189 3926 40 00
pg. 268 6810 99 00
pg. 120 2707 99
2016/C 445/02 pg. 122 2707 99
New EN text inserted re: Non-electrical lamps and lighting fixtures with color photographs of illustrative examples New EN text regarding "stone paper"
New EN text regarding "3926 40 00 - Statuettes and other ornamental articles" New EN text regarding "6810 99 00 Other" EN to CN subheadings `2707 99 11 and 2707 99 19 Crude oils' is replaced by new text
New point 4 is inserted following existing text to EN to CN subheadings `2707 99 91 and 2707 99 99 other'
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C. 1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the importation of articles, importation and sale in the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337.
85 International Trade Compliance Update December 2016
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Inv.
Commodity
Action
337TA929 337TA965 337TA968 337TA984 337TA992 337TA996 337TA1016
337TA1027 337TA1028 337TA1029 337TA1030
Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same
(Enforcement and Rescission Proceeding) Notice of Institution of Rescission Proceeding
Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof
Commission Determination Not To Review a Final Initial Determination Finding a Violation of Section 337; Schedule for Briefing on Remedy, the Public Interest, and Bonding
Certain Radiotherapy Systems and Treatment Planning Software, and Components Notice of Request for Statements on the Public Interest Thereof
Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same
Notice of Termination of the Investigation
Certain Height-Adjustable Desk Platforms and Components Thereof
Commission Determination Not to Review an Initial Determination Granting a Joint Motion to Terminate the Investigation Based on a Settlement Agreement; Termination of the Investigation
Commission Determination Not to Review Initial Determinations Certain Quartz Slabs and Portions Thereof Terminating the Investigation as to all Respondents; Termination of
the Investigation
Certain Access Control Systems and Components Thereof
Commission Determination Not to Review an Initial Determination Granting Complainant's Motion to Amend the Complaint and Notice of Investigation
Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same
Initiation of an Investigation based on a complaint filed on behalf of Kemin Industries, Inc. and Kemin Foods, L.C. alleging patent infringement
Certain Mobile Device Holders and Com- Initiation of an Investigation based on a complaint filed on behalf
ponents Thereof
of Nite Ize, Inc. alleging patent infringement
Certain Mobile Electronic Devices
Initiation of an Investigation based on a complaint filed on behalf of Qualcomm Incorporated alleging patent infringement
Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same
Initiation of an Investigation based on a complaint filed on behalf of Celanese International Corporation, Celanese Sales U.S. Ltd., , and Celanese IP Hungary Bt, alleging patent infrigement
In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of 337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints:
Ref.
Commodity
Complaint filed on behalf of:
DN 3180 DN 3181 DN 3182
Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same
Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same
Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same
Celanese International Corporation, Celanese Sales U.S. Ltd. and Celanese IP Hungary Bt DSM Desotech, Inc. and DSM IP Assets B.V.
Pacific Biosciences of California, Inc.
86 International Trade Compliance Update December 2016
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Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other 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
A580886 Ferrovanadium From the Republic of Korea
Affirmative Preliminary Determination of Sales at LTFV and Postponement of Final Determination and Extension of Provisional Measures
C570050 Ammonium Sulfate From China
CVD Investigation - Preliminary Affirmative Determination
A570912 New Pneumatic Off-The-Road Tires From China Initiation of ADD New Shipper Review; 20152016
A570979
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China
Initiation and Preliminary Results of ADD Changed Circumstances Review
A570045
1-Hydroxyethylidene-1, 1-Diphosphonic Acid From China
Affirmative Preliminary Determination of Sales at LTFV, and Postponement of Final Determination
A602807
A351842
A570022 C570023 A560828
Certain Uncoated Paper From Australia, Brazil, China, Indonesia, and Portugal
C560829
A471807
Initiation of Anti-Circumvention Inquiry
C791806 Stainless Steel Plate in Coils From South Africa Final Results of Expedited Sunset Review of the CVD Order
A588845 A580834 A583831
Stainless Steel Sheet and Strip in Coils From Japan, S.Korea, and Taiwan
Final Results of the Expedited Sunset Reviews of the ADD Orders
C580835
Stainless Steel Sheet and Strip in Coils From S. Korea
Final Results of Expedited Sunset Review of the CVD Order
A570928 Uncovered Innerspring Units From China
Preliminary Results of the ADD Administrative Review; 20152016
A552802 Certain Frozen Warmwater Shrimp From Vietnam Preliminary Results of ADD Administrative Review; 2015-2016
A570803
Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles From China
Final Results of the Expedited Fourth Sunset Review of the ADD Orders
A423808 A791805 A583830
Stainless Steel Plate in Coils From Belgium, South Africa, and Taiwan
Final Results of the Expedited Sunset Reviews of the ADD Orders
A570049 Ammonium Sulfate From China
Preliminary Determination of Sales at LTFV
A570010 C570011 A583853
Certain Crystalline Silicon Photovoltaic Products From China and Taiwan
Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the ADD and CVD Orders in Part
A570967 C570968
Aluminum Extrusions From China
Affirmative Preliminary Determination of Circumvention of the AD and CVD Orders and Intent to Rescind Minor Alterations Anti-Circumvention Inquiry
A570026 Certain Corrosion-Resistant Steel Products From Initiation of Anti-Circumvention Inquiries on the ADD and CVD
C570027 China
Orders
A580889 Dioctyl Terephthalate From S. Korea
Postponement of Preliminary Determination of ADD Investiga-
87 International Trade Compliance Update December 2016
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United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
tion
A570918 Steel Wire Garment Hangers From China
Preliminary Results of ADD Administrative Review; 2014-2015
A433812
Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria
Preliminary Determination of Sales at LTFV and Postponement of the Final Determination
A423812
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium
Preliminary Determination of Sales at LTFV and Postponement of the Final Determination
A427828
Certain Carbon and Alloy Steel Cut-To-Length Plate From France
Preliminary Determination of Sales at LTFV and Postponement of the Final Determination
A475834
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy
Preliminary Determination of Sales at LTFV, Affirmative Determination of Critical Circumstances and Postponement of the Final Determination
A588875
Certain Carbon and Alloy Steel Cut-To-Length Plate From Japan
Preliminary Determination of Sales at LTFV and Postponement of the Final Determination
A583858
Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan
Preliminary Determination of Sales at LTFV
A428844
Certain Carbon and Alloy Steel Cut-To-Length Plate from Germany
Preliminary Determination of Sales at LTFV and Postponement of Final Determination
A570047
Certain Carbon and Alloy Steel Cut-To-Length Plate from China
Preliminary Determination of Sales at LTFV
A580887
Certain Carbon and Alloy Steel Cut-To-Length Plate from S. Korea
Preliminary Determination of Sales at LTFV and Postponement of Final Determination
A588850
Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 41/2 Inches) From Japan
Final Results of ADD Administrative Review and Final Determination of No Shipments; 20142015
A201830
Carbon and Certain Alloy Steel Wire Rod From Mexico
Preliminary Results of ADD Administrative Review; 20142015
A588851
Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Under 41/2 Inches) From Japan
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2014 2015
A570029 Certain Cold-Rolled Steel Flat Products From C570030 China
Initiation of Anti-Circumvention Inquiries on the ADD and CVD Orders
A533867 C533868
Welded Stainless Pressure Pipe From India
ADD and CVD Orders
A570836 Glycine From China
Initiation of ADD Changed Circumstances Review
A821801 Solid Urea From Russia
Final Results of ADD Administrative and New Shipper Reviews; 20142015
A570827 Certain Cased Pencils From China
Preliminary Results of ADD Administrative Review and Partial Rescission; 2014--2015
A570932 Certain Steel Threaded Rod From China
Final Results of ADD Administrative Review; 2014-2015
A570928 Uncovered Innerspring Units From China
Initiation of Anticircumvention Inquiry on ADD Order
A570008 Calcium Hypochlorite From China
Final Decision To Rescind the New Shipper Review of Haixing Jingmei Chemical Products Sales Co., Ltd
A471807 Certain Uncoated Paper From Portugal
Final Results of Antidumping Duty Changed Circumstances Review
A570049 Ammonium Sulfate From China
Correction to the Preliminary Determination of Sales at LTFV
A533871 A475835 A469815
Finished Carbon Steel Flanges From India, Italy, Spain
Postponement of Preliminary Determinations of the LTFV Investigations
A560826 Monosodium Glutamate From Indonesia
Preliminary Results of ADD Administrative Review; 2014-2015
A351849 A580890 A201848
Emulsion Styrene-Butadiene Rubber From Brazil, Postponement of Preliminary Determination of Sales at LTFV
S. Korea, Mexico, and Poland
Investigations
88 International Trade Compliance Update December 2016
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United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A455805
A570836 Glycine From China
Notice of Court Decision Not in Harmony With Final Results of the ADD Administrative Review; 2011-2012
A570967 Aluminum Extrusions From China
Final Results of ADD Administrative Review; 2014-2015
C122854 Supercalendered Paper From Canada
Preliminary Results of Countervailing Duty Expedited Review
A469814 A570898
Chlorinated Isocyanurates from Spain and China
Continuation of the ADD Orders
C533872 Finished Carbon Steel Flanges from India
Preliminary Affirmative CVD Determination
A428844
Certain Carbon and Alloy Steel Cut-To-Length Plate from Germany
Amended Preliminary Determination of Sales at LTFV
United States International Trade Commission (USITC)
Inv.
Merchandise/Country
Action
731TA540541
Certain Welded Stainless Steel Pipe From Korea and Taiwan
(Fourth Review) Institution of Five-Year Reviews
731TA461
Gray Portland Cement and Cement Clinker From Japan
(Fourth Review) Institution of a Five-Year Review
701TA476 731TA1179
Multilayered Wood Flooring From China
(Review) Institution of Five-Year Reviews
731TA340-E and 340-H
Solid Urea From Russia and Ukraine
(Fourth Review) Institution of Five-Year Reviews
731TA624-625
Helical Spring Lock Washers From China and Taiwan
(Fourth Review) Institution of Five-Year Reviews
731TA1313
1,1,1,2-Tetrafluoroethane (R-134a) from China
(Final) Scheduling of the Final Phase of an ADD Investigation
731TA10631064, and 10661068
Frozen Warmwater Shrimp from Brazil, China, India, Thailand, and Vietnam
(Second Review) Scheduling of Full Five-Year Reviews
701TA562 731TA1329
Ammonium Sulfate from China
(Final) Scheduling of the final phase of CVD and ADD investigations
731TA1314
Phosphor Copper from Korea
(Final) Scheduling of the final phase of an ADD investigation
701TA564
Steel Concrete Reinforcing Bar from
731TA1338-1340 Japan, Taiwan, and Turkey
(Preliminary) Determinations that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of the subject products, that are alleged to be sold in the United States at LTFV, and that are allegedly subsidized by the government of Turkey.
701TA548 731TA1298
Welded Stainless Steel Pressure Pipe From India
(Final) Determinations that an industry in the United States is materially injured by reason of imports of subject goods, that have been found by Commerce to be sold in the United States at LTFV and subsidized by the government of India.
701TA558 731TA1316
1-Hydroxyethylidene-1,1-Diphosphonic (Final) Scheduling of the Final Phase of CVD and ADD Investiga-
Acid from China
tions
731TA1082-1083
(Second review) Determinations that revocation of the ADD or-
Chlorinated Isocyanurates From China ders on the subject merchandise would be likely to lead to con-
and Spain
tinuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.
701TA565 731TA1341
Hardwood Plywood From China
(Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations
89 International Trade Compliance Update December 2016
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Canadian International Trade Tribunal (CITT)
Ref. Number
Merchandise/Country
Action
Certain gypsum Board originating in or exported from the
NQ-2016-002 and GC-2016-001
United States of America, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and
Northwest Territories
PI-2016-003
Dumping: Certain Fabricated Industrial Steel Components originating in or exported from China, S. Korea, Spain, the UAE and the UK; Subsidizing: China
RR-2015-3
Dumping: Copper Pipe Fittings Originating In or Exported Form the USA, S Korea and China; Subsidizing: Copper Pipe Fittings Originating In Or Exported From China
Notice of location of public hearing in Western Canada
Preliminary Determination of Injury
Orders Issued in Expiry Review
Canada Border Services Agency (CBSA)
Ref. Number RB2 2016 IN RB2 2016 IN
PJ 2016 ER
Merchandise/Country
Action
Certain concrete reinforcing bar originating in or exported from Belarus, Chinese Taipei, Hong Kong SAR, Japan, Portugal and Spain
Notice of Extension of Investigation
Notice of Initiation of Section 20 Inquiry re: Belarus
Dumping and Subsidizing: Certain oil country tubular goods pup joints made of carbon or alloy steel... originating in or exported from China
Expiry Review Determination that expiry of the finding is likely to result in the continuation or resumption of dumping and subsidizing of such goods
NAFTA Panels
Ref. Number
Merchandise/Country
No cases published this month
Mexico - Ministry of Economy
Action
Ref. Number E.C. 01/16
Notice in DOF of 11-25-16
Merchandise/Country
Seamless steel pipe originating in China, regardless of country of export Electrode graphite for electric arc furnace from China Wire mesh of galvanized steel wire (shaped hexagonal) from China Chicken legs and thighs from the USA Coaxial cable type RG (radio guide or guide radio), with or without messenger from China Dicloxacillin sodium from India Ether monobutyl ethylene from the USA Amoxicillin trihydrate from India
Action
Final resolution of the ADD imposed Notice of expiry on 3-2-17. Last day to file 1-24-17 Notice of expiry on 7-25-17. Last day to file 6-19-17 Notice of expiry on 8-7-17. Last day to file 6-30-17 Notice of expiry on 8-11-17. Last day to file 7-6-16 Notice of expiry on 8-16-17. Last day to file 7-13-17 Notice of expiry on 9-12-17. Last day to file 8-7-17 Notice of expiry on 11-28-17. Last day to file 10-20-17
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European Union
Ref. Number (EU) 2016/1977
2016/C 418/03
(EU) 2016/1998 (EU) 2016/2005 (EU) 2016/2081
Merchandise/Country
Action
Certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, Commission Regulation imposing a provisional ADD of an external diameter exceeding 406,4 mm, originating in China
Certain fatty alcohols and their blends originating in or exported from India, Indonesia or Malaysia
Notice of the expiry of certain anti-dumping measures on 12-112016
Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China
Commission Implementing Regulation withdrawing the acceptance of the undertaking for five exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the AD and anti-subsidy proceedings for the period of application of definitive measures
Certain lightweight thermal paper originating in S. Korea
Commission Implementing Regulation imposing a provisional ADD
Oxalic acid from China
Commission Implementing Regulation re-imposing a definitive ADD produced by Yuanping Changyuan Chemicals Co. Ltd
Australian Anti-Dumping Commission
Ref. Number
Merchandise/Country
Action
2016/112 2016/113 2016/114 2016/115 2016/117 2016/118 2016/119 2016/120 2016/121
2016/122 2016/123 2016/124 2016/125 2016/126
Steel Shelving Units from China
Extension of time granted to issue Statement of Essential Facts
Hollow Structural Sections from China, Korea, Initiation of a Continuation Inquiry into Anti-Dumping
Malaysia and Taiwan
Measures
Hollow Structural Sections from China, Korea, Malaysia and Taiwan
Initiation of a Review of Anti-Dumping measures
Hollow Structural Sections from Thailand
Initiation of an Accelerated Review of Anti-Dumping Measures
Various
Status Report as at 30 September 2016
Hot Rolled Coil Steel from Japan, Korea, Malaysia and Taiwan
Initiation of an Exemption Inquiry
Power Transformers from Indonesia, Taiwan and Initiation of Review of Anti-Dumping Measures relating to
Thailand
PT CG Power Systems Indonesia
A4 Copy Paper from Brazil, China, Indonesia and Second Preliminary Affirmative Determination and Imposi-
Thailand
tion of Securities
A4 Copy Paper from Brazil, China, Indonesia and Extension of time granted to issue Statement of Essential
Thailand
Facts
Aluminium Zinc Coated Steel and Zinc Coated (Galvanised) Steel from China and Taiwan
Extension of time granted to issue the Statement of Essential Facts and Final Reports for nine reviews of antidumping measures
Various
Status Report as at 31 October 2016
Resealable Can End Closures from India, Malaysia, the Philippines and Singapore
Extension of time granted to issue Final Report
Quicklime from Malaysia, Thailand and Vietnam Termination of Investigation
Aluminium Extrusions from Malaysia and Vi-
Extension of time to publish Statement of Essential Facts
etnam
and Final Report
91 International Trade Compliance Update December 2016
Baker & McKenzie
China Ministry of Commerce (MOFCOM)
Ref. Number
Merchandise/Country
Action
MOFCOM 61
MOFCOM 62 MOFCOM 65 MOFCOM 71
Photographic paper from the US, EU and Japan; Catechol from US and Japan; Epichlorohydrin from Russia, South ADD and CVD measures which will expire between 12-31-16 and Korea, Japan, US; Optical fiber preform 12-31-17 from Japan, US; and Spandex Japan, Singapore, South Korea, US, Taiwan
Chloropene rubber from Japan, EU and US
Announcement of applicable dumping duties for two companies
Iron-based amorphous alloy strips originating in Japan and US
Final AD determination
Solar grade polysilicon originating in S. Korea
Mid-term review of AD measures
Government of India Ministry of Finance (Department of Revenue)
Notification
Merchandise/Country
Action
51/2016-Cus (ADD)
Wire Rod of Alloy or Non-Alloy Steel' originating in or exported from China PR
Levies provisional ADD
4, 4 Diamino Stilbene 2, 2 Disulphonic Acid 52/2016-Cus (ADD) (DASDA) originating in or exported from
China
Levies ADD at modified rates up to and inclusive of 22 January, 2019
53/2016-Cus (ADD)
Low Ash Metallurgical Coke originating in or exported from Australia and China
Levies ADD for a period of five years
54/2016-Cus (ADD)
Axle for Trailers"originating in, or exported from China
Levies definitive ADD for a period of five years
03/2016 Cus (SG)
Hot Rolled flat sheets and plates (excluding hot rolled flat products in coil form) of alloy or non-alloy steel having nominal thickness Levies safeguard duty less than or equal to 150mm and nominal width of greater than or equal to 600mm
Brazil Ministry of Development, Industry and Trade
Reference
Merchandise/Country
Action
SECEX Cir 63 Thermoses from China
Sets forth terms that serve as parameters for the rest of the review of anti-dumping duty
CAMEX Res. 104 Polypropylene resin from the USA
Extending definitive ADD for a period of five (5) years
CAMEX Res. 106
Tempered automotive glass and rolled, originating in China
Dismissal of the request for reconsideration submitted in
the face of CAMEX Resolution 52, 2016, to apply provisional ADD duty for a period of up to six (6) months
SECEX Cir 64 Thermoses originating in China
Discloses final decision to use Germany as the third country market economy in the review process of the ADD
SECEX Cir 65
High - carbon steel wire, high strength, circular section, work hardened cold by drawing with smooth or notched surface, relaxation or low normal from China.
Announces a preliminary affirmative determination of dumping
92 International Trade Compliance Update December 2016
Baker & McKenzie
Brazil Ministry of Development, Industry and Trade
Reference
Merchandise/Country
Action
SECEX Cir 66
Citric acid, sodium citrate, potassium citrate, calcium citrate and mixtures thereof
Makes public the update of price undertaking
SECEX Cir 67
Laminated polyurethane with fabric on one side Closes at the request of the petitioner, the investigation to
from China
determine the existence of dumping
SECEX Cir 68
Braids steel high-carbon, high strength, 3 or 7 wires, from China
Announces a preliminary affirmative determination of dumping
SECEX Cir 69
Certain flat-rolled products of alloy steel or nonalloy, of a width of 600 mm, hot-rolled, in plates (not rolled) from PRC
Investigation to ascertain the existence of subsidies subject to CVD
SECEX Cir 70
Certain flat rolled steel on or not connected, of a width of 600 mm, hot-rolled, in plates (not rolled) from PRC
Announces a preliminary affirmative determination of dumping
SECEX Cir 71 Citric acid and certain citric acid salts from China Launches review of AD measures
SECEX Cir 72 Various
Makes public the trade defense measures in force end in the second half of 2017.
CAMEX Res. 115
Monobutyl ether of ethylene glycol - EBMEG, originating in the United States.
Dismissal of the request for reconsideration submitted in
the face of CAMEX Resolution 90, 2016, extending the definitive ADD
CAMEX Res. 116
Tempered automotive glass and rolled, originating in China.
Extending for three (3) months the period of application of the provisional AD measure
CAMEX Res. 117
N-butanol originating in US, South Africa and Russia
Makes public the establishment of public interest assessment process by the Public Interest Assessment Technical Group - GTIP, on the application of definitive ADD on n-butanol imports from the US and possible application of the definitive ADD to imports from South Africa and Russia (ongoing investigation).
Dismissal of the request for reconsideration submitted in
CAMEX Res. 118 Unframed mirrors originating in China and Mexico the face of CAMEX Resolution 10, 2016, to apply definitive ADD
High carbon steel wire, high strength, circular sec-
CAMEX Res. 119
tion, work hardened cold by drawing with smooth or notched surface, relaxation low or normal, orig-
Apply provisional anti-dumping duty for a period of up to six (6) months
inating in China.
CAMEX Res. 120 Steel flat bars from China
Apply definitive ADD for a period of five (5) years .
PET resin with intrinsic viscosity between 0.7 and CAMEX Res. 121 0.88 dl / g, originating in China, Chinese Taipei, Apply definitive ADD for a period of five (5) years .
India and Indonesia
Opportunity to Request Administrative Review
In a November 4, 2016 Federal Register notice, the US Department of Commerce announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with November anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
Brazil: Circular Welded Non-Alloy Steel Pipe
A-351-809
Indonesia: Monosodium Glutamate
A-560-826
Certain Coated Paper Suitable for High-Quality Print
Graphics Using Sheet-Fed Presses
A-560-823
Mexico: Certain Circular Welded Non-Alloy Steel Pipe A-201-805
93 International Trade Compliance Update December 2016
Period
11/1/15 - 10/31/16 11/1/15 - 10/31/16
11/1/15 - 10/31/16 11/1/15 - 10/31/16
Baker & McKenzie
www.bakermckenzie.com
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
For further information please contact:
Editor of International Trade Compliance Update
Stuart P. Seidel Washington, D.C. (202) 452-7088 [email protected]
Contacts for the International Trade, Compliance and Customs Practice Group
Customs
Terrie A. Gleason Washington, D.C., USA +1 (202) 452- 7030 [email protected]
Frederick Burke Ho Chi Minh City, Vietnam +84 3520 2628 [email protected]
Export Controls and Sanctions
Silwia A. Lis Washington, D.C., USA +1 (202) 835-6147 [email protected]
Trade Remedies
Seamless Refined Copper Pipe and Tube Steel Concrete Reinforcing Bar S. Korea: Certain Circular Welded Non-Alloy Steel Pipe Taiwan: Certain Hot-Rolled Carbon Steel Flat Products Certain Circular Welded Non-Alloy Steel Pipe Thailand: Certain Hot-Rolled Carbon Steel Flat Products The PR of China: Certain Cut-To-Length Carbon Steel Certain Hot-Rolled Carbon Steel Flat Products Certain Coated Paper Suitable For High-Quality Print
Graphics Using Sheet-Fed Presses Diamond Sawblades and Parts Thereof Fresh Garlic Lightweight Thermal Paper Monosodium Glutamate Paper Clips Polyethylene Terephthalate (Pet) Film Pure Magnesium in Granular Form Refined Brown Aluminum Oxide Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe Seamless Refined Copper Pipe and Tube Ukraine: Certain Hot-Rolled Carbon Steel Flat Products U.A.E: Polyethylene Terephthalate (Pet) Film
A-201-838 A-201-844 A-580-809 A-583-835 A-583-814 A-549-817 A-570-849 A-570-865
A-570- 958 A-570- 900 A-570-831 A-570-920 A-570-992 A-570-826 A-570-924 A-570-864 A-570-882
A-570-956 A-570-964 A-823-811 A-520-803
Countervailing Duty Proceedings
Indonesia: Certain Coated Paper Suitable for High-Quality
Print Graphics Using Sheet-Fed Presses
C-560-824
The PR of China: Lightweight Thermal Paper
C-570-921
Certain Coated Paper Suitable For High-Quality Print
Graphics Using Sheet-Fed Presses
C-570- 959
Chlorinated Isocyanurates
C-570-991
Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe
C-570-957
Turkey: Steel Concrete Reinforcing Bar
C-489-819
Suspension Agreements
Ukraine: Certain Cut-To-Length Carbon Steel
A-823-808
11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16
11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16
11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16 11/1/15 - 10/31/16
1/1/15 - 12/31/15 1/1/15 - 12/31/15
1/1/15 - 12/31/15 1/1/15 - 12/31/15
1/1/15 - 12/31/15 1/1/15 - 12/31/15
11/1/15 - 10/31/16
B. Thomas Peele Washington, D.C., USA +1 (202) 452-7035 [email protected]
WTO
Serge Pannatier Geneva, Switzerland +41 (0) 22-707-98-00 [email protected]
Anti-corruption
Maria I. McMahon Washington, D.C., USA +1 (202) 452-7058 [email protected]
Requested Reviews
In a November 9, 2016 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 September anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
India: Certain Lined Paper Products
A-533-843
Mexico: Certain Magnesia Carbon Bricks
A-201-837
Light-Walled Rectangular Pipe and Tube
A-201-836
S. Korea: Large Power Transformers
A-580-867
Oil Country Tubular Goods
A-580-870
SR of Vietnam: Oil Country Tubular Goods
A-552-817
Taiwan: Narrow Woven Ribbons with Woven Selvedge A-583-844
Oil Country Tubular Goods
A-583-850
The PR of China: Certain Magnesia Carbon Bricks
A-570-954
Certain New Pneumatic Off-The-Road Tires
A-570-912
Freshwater Crawfish Tail Meat
A-570-848
Narrow Woven Ribbons with Woven Selvedge
A-570-9526
Passenger Vehicle and Light Truck Tires
A-570-016
Period
9/1/15 - 8/31/16 9/1/15 - 8/31/16 8/1/15 - 7/31/16 8/1/15 - 7/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 9/1/15 - 8/31/16 1/27/15 - 7/31/16
94 International Trade Compliance Update December 2016
Baker & McKenzie
AD/CVD Proceedings - Country/ Merchandise
Case No.
Turkey: Oil Country Tubular Goods Ukraine: Silicomanganese
A-489-816 A-823-805
Countervailing Duty Proceedings
India: Oil Country Tubular Goods
C-533-858
The PR of China: Certain Magnesia Carbon Bricks
C-570-955
Certain New Pneumatic Off-The-Road Tires
C-570-913
Narrow Woven Ribbons with Woven Selvedge
C-570-953
Turkey: Oil Country Tubular Goods
C-489-817
None
Suspension Agreements
Period
9/1/15 - 8/31/16 8/1/15 - 7/31/16
1/1/15 - 12/31/15 1/1/15 - 12/31/15 1/1/15 - 12/31/15 1/1/15 - 12/31/15 1/1/15 - 12/31/15
Initiation of Sunset Reviews
In a November 1, 2016, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year ("Sunset") review of the antidumping and countervailing duty orders listed below.
AD/CVD DOC Case
No.
ITC Case No.
Country
A580815 731TA461 Japan
A570822 A570970 A580810
731TA624 PRC 731TA1179 PRC 731TA540 S. Korea
A821801 A583820 A583815
731TA340E Russia 731TA625 Taiwan 731TA541 Taiwan
A823801 731TA340H Ukraine C570971 701TA476 PRC
Merchandise
Gray Portland Cement and Cement Clinker (4th Review). Helical Spring Lock Washers (4th Review) Multilayered Wood Flooring (1st Review) Welded ASTM A312 Stainless Steel Pipe (4th Review). Solid Urea (4th Review). Helical Spring Lock Washers (4th Review) Welded ASTM A312 Stainless Steel Pipe (4th Review). Solid Urea (4th Review) Multilayered Wood Flooring (1st Review)
Advance Notification of Sunset Reviews
In a November 16, 2016, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year ("Sunset") reviews for December.
AD/CVD Proceedings - Merchandise/Country
Case No.
Antidumping duty proceedings Certain Cut-To-Length Carbon-Quality Steel Plate from India Stainless Steel Wire Rod from India Certain Cut-To-Length Carbon-Quality Steel Plate from Indonesia Certain Cut-To-Length Carbon-Quality Steel Plate from S. Korea
A533817 (3rd Review) A533808 (4th Review) A560805 (3rd Review) A580836 (3rd Review)
Antidumping duty proceedings Certain Cut-To-Length Carbon-Quality Steel Plate from S. Korea C580837 (3rd Review)
Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in December 2016.
95 International Trade Compliance Update December 2016
Baker & McKenzie
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96 International Trade Compliance Update December 2016