In This Issue:
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter | May 2021
World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - North America The Americas - South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) New sletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBP Rulings: Dow nloads and Searches CBP Rulings: Rev ocations or Modifications European Classification Regulations Section 337 Actions Antidumping, Counterv ailing Duty and Safeguard Inv estigations, Orders & Rev iews
Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 stu a rt.se i d e l @b a ke rm cke n zi e.co m
Thismay 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
Please see our Webinars, Meetings, Seminars section for information for links to the webinars in our 18th annual Global Trade and Supply Chain Webinar Series: "International Trade & Developments in a World Focused on Recovery & Renewal," which just began, as well as links to additional webinars and other events.
There are also links to the video recordings, PowerPoints and handout materials of the
2020-2021 Asia Pacific International Commercial and Trade Webinar Series
2020 Virtual Trade Conference (July 14-16 2020)
2020 Virtual Year-End Review of Import/Export Developments
2020 Global Trade and Supply Chain Webinar Series: International Trade Basics and Trends
To keep abreast of international trade-related new s, visit our blogs:
For International Trade Compliance Updates, please regularly visit https://w w w .internationaltradecomplianceupdate.com/.
For additional articlesand updateson trade sanctions and export controls, please visit: http://sanctionsnew s.bakermckenzie.com/ regularly.
For resources and news regarding international trade, particularly in Asia, please visit our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/.
To see how BREXIT (the UK exiting the EU) may affect your business, visit https://brexit.bakermckenzie.com/.
For additional compliance new s and comment from around the world, please visit https://globalcompliancenews.com/.
Note: Unless otherw ise indicated, all information in this Update is taken from official gazettes, official w ebsites, new sletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source usually may be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered.
Please see copyright and acknowledgements on the last page
Ed- Interitor na-
tional Trade
1
The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers w ith information on recent legal 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 stu a rt.se i d e l @b a ke rm cke n zi e.co m
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation.
Cr edi ts:
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.
ThisUpdate contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update usesmaterial pursuant to European Commission policy asimplemented by Commission Decision of 12 December 2011.
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WORLD TRADE ORGANIZATION (WTO)
Dates fixed for WTO's 12th Ministerial Conference
The chair of the WTO's General Council confirmed on 16 April. that the `s Ministerial Conference (MC12) will take place from 30 November to 3 December 2021 in Geneva, Switzerland.
COVID-19: Trade and trade-related measures
The WTO has set up a dedicated webpage to help governments, business, the media and the public track the latest information on trade-related responses to the COVID-19 outbreak. For measures posted during the past month, see the WTO COVID-19 Trade and Trade-Related Measures section below. Please see the WTO dedicated webpage for earlier notifications..
Trade Policy Reviews: Qatar, Tonga, Vietnam
The third review of the trade policies and practices of Qatar took place on 14 and 16 April 2021. The basis for the review was a report by the WTO Secretariat and a Corrigenda and a report by the Government of Qatar.
The second review of the trade policies and practices of Tonga took place on 6 and 8 April 2021. The basis for the review was a report by the WTO Secretariat and a report by the Government of Tonga.
The second review of the trade policies and practices of Viet Nam took place on 27 and 29 April 2021. The basis for the review was a report by the WTO Secretariat and a report by the Government of Viet Nam.
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
DS 598
China -- Anti-dumping and countervailing duty measures on barley from Australia
DS 234
United States -- Continued Dumping and Subsidy Offset Act of 2000 (CDSOA)
DS 316
European Communities and Certain Member States -- Measures affecting trade in large civil aircraft: Implementation of the recommendations adopted by the DSB
Activity
China refusea Australia's first panel request US says status reports are no longer required; EU says they are Both parties have now reached an understanding to suspend retaliation for four months in order to permit further discussions
Date 28-04-21
TBT Notifications
Member countries of the WTO are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secre-
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tariat 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.
WORLD CUSTOMS ORGANIZATION (WCO)
WCO list of temporary import and export measures related to COVID-19
The WCO has created a special Web Page dedicated to Coronavirus import and export measures where it will share advice, tools and best practices not only to Customs but also to the public. In addition, it has developed lists of national legislation of countries that adopted temporary import support (lowering or waiving of direct and indirect duties and taxes) and export restrictions on certain categories of critical medical supplies in response to COVID-19. The lists are not exhaustive and are regularly updated by the WCO based on the official information provided by countries.
Announcements and news releases [dd-mm-yy]
Date
Title
01-04-21
07-04-21 08-04-21 09-04-21 12-04-21 13-04-21 14-04-21 15-04-21
16-04-21 20-04-21
WCO training on STCE and COPES Programmes to Albania and Kosovo Customs
An A-CIP virtual conference to inaugurate the Tunisian Customs Next Generation Netw ork (NGN) National Advanced Training Workshop on Customs Valuation for Lao Customs
New achievement made in West Af rica under the WCO/JICA Master Trainer Programme (MTP) EU-WCO HS-Africa Programme Steering Committee gathers for its annual meeting
EU-WCO HS-Africa Programme Steering Committee gathers for its annual meeting Strategic Trade Control Enforcement (STCE) National training for Kyrgyzstan Customs
MENA Heads of Customs review regional needs and priorities The 41st session of the WCO Enforcement Committee concludes successfully
Asia-Pacific Heads of Customs discuss priorities and strengthen collaboration Opening of the WCO 7th EPCBA Programme at Seoul National University (SNU) in Korea
WCO Regional Workshop on Data Analytics for A/P region The GDCE of the Democratic Republic of Congo tow ard establishing a modern HRM system
Lesotho Revenue Authority (LRA) ready to implement WCO Immediate Release Guidelines and align w ith TFA Article 7.8 The Virtual Working Group on Gender Equality and Diversity w elcomes new Members and initiatives
Workshop organized by the COVID-19 Project supports the MENA region in facing disruptive events The WCO presents the CEN's new Fauna and Flora section to Customs officers
WCO Secretary General participates in WTO event on COVID-19 and Vaccine Equity Workshops held to raise aw areness of counterfeit COVID-19-related goods
WCO promotes the E-Commerce Framew ork of Standards implementation in the Americas and the Caribbean region
Arabic version of the Guidelines for Post-Clearance Audit (PCA) Volume 1 now available
Passenger Facilitation and Control Working Group successfully holds its First Meeting
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Date
Title
21-04-21 22-04-21 23-04-21
27-04-21
28-04-21 29-04-21
30-04-21
MTP in East Africa concludes w ith a pool of 18 quality trainers on PCA
The SAFE Working Group endorses the SAFE 2021 Framew ork of Standards after a successful Review Cycle and paves the w ay to prioritize its activities in line w ith the WCO's COVID-19 Action Plan ECOWAS moves forw ard w ith implementation of HS 2022 amendments
The WCO guide for a successful transition to Live Virtual Training is now available Mainstreaming the WTO Trade Facilitation Agreement : WCO Asia/Pacific Regional Online Workshop
The Data Analytics course in Spanish is now available on CLiKC! WTO Director-General meets w ith WCO Secretary General in Geneva and w elcomes close cooperation
Survey on the perception of Customs integrity conducted in 7 more countries WCO Working Group on Performance Measurement successfully concludes its 3rd Meeting
WCO ESA Regional Workshop on Data Analytics Americas and Caribbean Regional Meeting discusses priorities and shares best practices
Conference of Directors General of Customs of the WCO West and Central Africa Region WCO Cargo Targeting System deployed in Azerbaijan
WCO and AfCFTA Secretariats meet to discuss the outlook for cooperation
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
08-04-21 12-04-21 26-04-21
27-04-21
30-04-21
Title
2021/031 - Establishment and membership of Standing Committee intersessional w orking group 2021/032 - Changes in staff of the Secretariat 2021/033 - Intersessional decision-making of the Standing Committee 2021/034 - Thirty-first meeting of the Animals Committee (AC) and tw enty-fifth meeting of the Plants Committee (PC): Registration, documentation and logistics note 2021/035 - Streaming of the 73rd meeting of the Standing Committee
FAS GAIN Reports
Below is a partial list of Global Agriculture Information Network (GAIN) reports that were recently issued by the US Foreign Agriculture Service (FAS) in the Food and Agricultural Import Regulations and Standards (FAIRS) and Exporter Guide series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, import requirements, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website.
Member Canada
GAIN Report
Canada Announces New Import Conditions for Pet Food from the United States
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Member
China
China EU EU
EU
Haiti Haiti Hong Kong
India
India
India
India
India
Japan Japan
Mexico
Mexico Mexico Russia Russia Russia Serbia Singapore Ukraine
GAIN Report
China notifies Draft Good Manufacturing Practice for Formula Food for Infants and Young Children Overseas Facilities Registration Regulation - Decree 248 Changing EU Import Conditions for Composite Produc ts EU Transparency Regulation Enters Into Force European Commission Launches Public Consultation on Revision of Feed Additives Legislation FAIRS Export Certificate Report FAIRS Country Report Documentation Requirements for Hemp Seed Transshipments via Hong Kong Requirement of a Certificate of Non-Genetically Modified and GM-Free Status for Apple Consignments - A Workaround Solution India Notifies Final Standards for Cereals and Varied Product FSSAI Publishes Corrections to Nutrients Levels in the Final Foods for Infant Nutrition Regulations of 2020 FSSAI Publishes Draft Standard Operating Procedures for fixation of pesticides MRLs FSSAI Issues SOPs for Licensing and Registration of Fortified Food Products in its Food Safety and Compliance System Japan 240th Food Safety Group [MRLs] MAFF Announces Dairy TRQs for JFY 2021 Deadline for Organic Imports into Mexico to Meet Organic Standards Remains June 2021 Mexico Releases Clarifications on NOM-051 for Refurbished Products Interinstitutional Agreement on Standard NOM-051 FOPL Compliance Draft Amendments to EAEU Veterinary Regulations Notified to WTO Russia Continues to Fine Tune its Food Ban to Import Substitution Needs Draft Amendments to EAEU Phytosanitary Requirements Notified to WTO Exporter Guide Exporter Guide Ukraine Adopts a New Veterinary Law
THE AMERICAS - NORTH AMERICA
CANADA
Canada-UK Trade Continuity Agreement enters into force
Global Affairs Canada announced that the Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) entered into force on April 1, 2021 - preserving preferential market access for both Canadian and UK businesses.
Resources:
The full text of the Canada-UK TCA may be found here.
A Joint Interpretative Instrument. Statement by Canada and the UK interpreting the Canada-UK TCA provisions.
Chapter summaries - Chapter-by-chapter guide to the Canada-UK TCA key provisions.
Economic Impact Assessment - Assessment conducted by the Office of the Chief Economist at Global Affairs Canada.
Side letters - WTO Cheese Tariff Rate Quota UK Transitional Access to the European Union Reserve
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Updated National Security Guidelines - Canada signals focus on sensitive technology, personal information, and critical minerals
In brief
On 24 March 2021, the Minister of Innovation, Science and Industry ("Minister") issued updated Guidelines on the National Security Review of Investments ("Updated Guidelines"). The Updated Guidelines outline additional factors and clarify existing factors the Canadian government will consider in assessing investments for potential national security concerns under the Investment Canada Act (ICA).
These new factors include sensitive personal data, intangible assets, certain sensitive technologies, and critical minerals. The Updated Guidelines also formalize that investments by state-owned or state-influenced investors will likely be subject to enhanced national security scrutiny, and confirm the non-exhaustive nature of the enumerated factors.
Background
Since 2009, the ICA has explicitly provided for the review of foreign investments where the Minister has "reasonable grounds to believe that an investment by a non-Canadian could be injurious to national security". This regime is separate from the economic "net benefit" regime that applies to a more narrow subset of investments; for a more detailed discussion of the two regimes, see our 30 June 2020 alert, Foreign Investments in Canada: Still Open for Business, but Caveat Emptor.
In 2016, the government published the original National Security Review of Investments Guidelines ("2016 Guidelines"), which set out a non-exhaustive list of factors the government would consider when assessing an investment for potential national security risks. As the ICA does not define "national security" or elaborate on when an investment could be "injurious" to national security, the Updated Guidelines expand on the 2016 Guidelines and provide foreign investors with clearer insight into what types of investments may give rise to potential national security concerns.
The Changes
All risk factors set out in the 2016 Guidelines remain unchanged. For a detailed discussion of the Updated Guidelines, which expands the list of factors, please see the full article here.
Contacts: Yana Ermak, Arlan Gates, Sarah Mavula and Jacqueline Rotondi.
Miscellaneous regulations and proposals
The following documents of interest to international traders were published in the Canada Gazette. (The sponsoring ministry, department or agency is also shown. N=notice, PR=proposed regulation, R=regulation, O=Order, OIC=Order in Council)
Publication Date
Title
04-03-21 04-14-21
PUBLIC HEALTH AGENCY OF CANADA (PHA): Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) (OIC) PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) (OIC)
FINANCE: CUKTCA Rules of Origin for Casual Goods Regulations (SOR/202166, March 29, 2021) (R)
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Publication Date
Title
04-17-21 04-24-21 04-28-21
FINANCE: CUKTCA Rules of Origin Regulations (SOR/2021-67, March 29, 2021) (R)
FINANCE: CUKTCA Tariff Preference Regulations (SOR/2021-68, March 29, 2021) (R)
FINANCE: Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations (SOR/2021-69, March 29, 2021) (R)
GLOBAL AFFAIRS: Order Amending the Import Control List and the Export Control List..(SOR/2021-70, March 29, 2021) (O)
GLOBAL AFFAIRS: Regulations Amending the Export Permits Regulations (Nonstrategic Products) (SOR/2021-71, March 29, 2021) (R)
GLOBAL AFFAIRS: Order Amending Certain General Import Permits Issued Under the Export and Import Permits Act (Nos. 100, 1 and 13).(SOR/2021-72, March 29, 2021) (O) Global Affairs: Order Fixing April 1, 2021 as the Day on Which the Canada United Kingdom Trade Continuity Agreement Implementation Act Comes into Force (SI/2021-14, April 14, 2021) FOREIGN AFFAIRS: Order Accepting the Recommendation of the Minister of Foreign Affairs Concerning the Tw o-Year Review of the List of State Supporters of Terrorism pursuant to the State Immunity Act
HEALTH: Proposed Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials).pursuant to the Canada Consumer Product Safety Act (PR) TRANSPORT: Proposed Regulations Amending the Motor Vehicle Safety Regulations (Minimum Sound Requirements for Hybrid and Electric Vehicles) pursuant to the Motor Vehicle Safety Act (PR)
TRANSPORT: Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (SOR/2021-83, April 19, 2021) (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
04-14-21
Title
GLOBAL AFFAIRS: Special Economic Measures (People's Republic of China) Permit Authorization Order (SOR/2021-50, March 24, 2021) (OIC) GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Russia) Regulations (SOR/2021-64, March 29, 2021) (R) GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Ukraine) Regulations (SOR/2021-65, March 29, 2021) (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.
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.)
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Date
03-31-21
04-01-21 04-14-21 04-22-21
Ref erenc e CN 21-06 CN 21-07
CN 21-08
D19-9-3 D10-14-54 D10-15-30 CN 21-09
Title
Amendments to the Departmental Consolidation of the Customs Tarif f Implementation of the Canada-United Kingdom Trade Continuity Agreement Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada - United Kingdom Trade Continuity Agreement Importation and Exportation of Human Remains and Other Human Tissues Tariff Classification of Certain Flat Water Sprint Racing Canoes and Kayaks Under Tariff Item 8903.99.10 "Furniture for domestic purposes" Changes to Excise Duty Rates on Tobacco Products follow ing the 2021 Federal Budget announcement
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
MEXICO
Diario Oficial
The following documents of interest to international traders were published in the Diario Oficial de la Federacion: Note: With regard to standards, only those which appear to apply to international trade are listed. (An unofficial English translation is shown.)
Publication Date
Title
04-05-21 04-07-21 04-09-21
04-23-21
ECONOMY: Acuerdo amending the various quotas and allocation mechanism for importing dried chiles (paprika) originating in the Republic of Peru and publicising the quota for importing fresh or chilled and frozen fish fillets w ith the established quota tariff.
ECONOMY: Acuerdo making know n Decision No. 3/2020 of the Free Trade Agreement Administrative Commission betw een the United Mexican States and the Eastern Republic of Uruguay, adopted on 17 September 2020
ECONOMY: Call to participate in the selection and training process of the Consultative Council for evaluation of the National Export Prize 2021.
Call to participate in the 2021 National Export Aw ard. Acuerdo to disclose the percentages and amounts of fiscal stimulus, as w ell as the reduced quotas of excise tax on production and services applicable to the fuels indicated, for the specified period.
Acuerdo to disclose the amounts of fiscal stimulus applicable to the disposal of gasoline in the border region w ith the United States of America, corresponding to the specified period.
Acuerdo making know n the amounts of fiscal stimulus applicable to the disposal of gasoline in the border region w ith Guatemala, corresponding to the specified period. FOREIGN AFFAIRS: Decree approving the Agreement on Article 12 of the Trade Continuity Agreement betw een the United Mexican States and the United Kingdom of Great Britain and Northern Ireland, concluded by exchanging letters dated in Mexico City on 29 December of tw o thousand tw enty.
FOREIGN AFFAIRs: Decree approving the Trade Continuity Agreement betw een the United Mexican States and the United Kingdom of Great Britain and Northern Ireland, made in Mexico City on December 15, 2,020.
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Publication Date
Title
04-27-21 04-30-21
FOREIGN AFFAIRS: Decree approving the Agreement betw een the United Mexican States and the Republic of Guatemala on Mutual Administrative Assistance and Exchange of Information in Customs Affairs, signed in Ciudad Hidalgo, Chiapas, Mexico, on November 7, tw o thousand nineteen. HACIENDA: Acuerdo to disclose the percentages and amounts of fiscal stimulus, as w ell as the reduced quotas of excise tax on production and services applicable to the fuels indicated, for the specified period.
HACIENDA: Acuerdo to disclose the amounts of fiscal stimulus applicable to the disposal of gasoline in the border region w ith the United States of America, corresponding to the specified period. HACIENDA: Acuerdo making know n the amounts of fiscal stimulus applicable to the disposal of gasoline in the border region w ith Guatemala, corresponding to the specified period.
ECONOMY: Acuerdo that modifies the various by w hich the allocation mechanism for importing beans under tariff -quota is disclosed. ECONOMY: Acuerdo making know n Decision No. 2 of the Administrative Commission on the Trade Integration Agreement betw een the United Mexican States and the Republic of Peru, adopted on 11 February 2021.
HACIENDA: Acuerda to disclose the percentages and amounts of fiscal stimulus, as w ell as the reduced quotas of excise tax on production and services applicable to the fuels indicated, for the specified period. HACIENDA: Acuerdo to disclose the amounts of fiscal stimulus applicable to the disposal of gasoline in the border region w ith the United States of America, corresponding to the specified period.
HACIENDA: Agreement making know n the amounts of fiscal stimulus applicable to the disposal of gasoline in the border region w ith Guatemala, corresponding to the specified period.
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 OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE OR ORDER, T R=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED. IN ADDITION, IN CITATIONS WITHIN ARTICLES, THE ABBREVIATIONS FR (FOR FEDERAL REGISTER) AND CFR (FOR CODE OF FEDERAL REGULATIONS), THE GOVERNMENT'S PREFERRED ABBREVIATIONS, ARE OFTEN USED INSTEAD OF FED. REG. OR C.F.R., THE BLUE BOOK'S PREFERRED STYLE. FURTHERMORE, STATUTE T ITLES AND REGULATIONS ARE ITALICIZED.]
Presidential documents
During the past month, President Biden signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities:
Date
Subject
04-05-21 04-07-21
Notice of April 1, 2021 - Continuation of the National Emergency With Respect to Somalia Executive Order 14022 of April 1, 2021 - Termination of Emergency With Respect to the International Criminal Court
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Date
Subject
04-19-21 04-22-21
Executive Order 14024 of April 15, 2021 - Blocking Property With Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation
Presidential Determination No. 2021-05 of April 16, 2021 - Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021
Biden Administration revokes International Criminal Court Sanctions
On April 5, 2021, President Biden revoked Executive Order 13928 "Blocking Property of Certain Persons Associated with the International Criminal Court " (the "ICC EO"), which authorized the imposition of sanctions and visa restrictions on non-US ICC officials. The US Treasury Department's Office of Foreign Assets Control concurrently removed two senior ICC officials from the Specially Designated Nationals and Blocked Persons List ("SDN List"), including Fatou Bensouda, the ICC's chief prosecutor.
The ICC EO was signed by President Trump in June 2020, and authorized the designation of non-US persons as SDNs if they were determined to have engaged in efforts by the ICC to investigate, arrest, detain, or prosecute any US or allied government personnel without the consent of the United States or the allied government. In September 2020, OFAC designated the two senior ICC officials as SDNs.
Please see our prior blog post on the signing of the ICC EO in June 2020.
Authors: Terence Gilroy, Lise S. Test and Daniel Andreeff
Commerce delays compliance with Aluminum Import Monitoring and Analysis System
On April 1, 2021, the Department of Commerce published in the Federal Register a document [Docket No. 210326-0072] delaying compliance with the final rule (published on December 23, 2020 at 85 FR 83804 and amended January 27, 2021 at 86 FR 7237), entitled "Aluminum Import Monitoring and Analysis System," by staying the regulations from March 29, 2021, until June 28, 2021. Commerce will release the public Aluminum Import Monitoring and Analysis (AIM) monitor on the AIM system website on March 29, 2021. The delay will allow Commerce time to finalize the license application system and to provide both the public and US Customs and Border Protection (CBP) with sufficient advance notice of the new compliance date. In addition, the delay will allow Commerce to consider and respond, as appropriate, to the comments; Commerce intends to issue another notification addressing these comments prior to June 28, 2021.
Therefore, unless otherwise announced, compliance for the majority of part 361 and the AIM system will be effective on June 28, 2021, meaning that licenses will be required for all covered aluminum imports on or after this date. Additionally, the remaining portions of the regulations concerning the removal of the option to state "unknown" for certain fields on the aluminum license form will be effective on December 24, 2021, as stated in the relevant sections of part 361, unless otherwise announced. For further background and information, see the Final Rule. Further guidance on licenses already issued and the issuance of new licenses in the intervening period before June 28, 2021 will be provided on the AIM system website
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FOR COMMERCE SECTION 232 AND USTR SEC. 301 TARIFF AND EXCLUSION INFORMATION AND CBP GUIDANCE ON BOTH, PLEASE SEE THE NEW SECTION BELOW.
Other USTR documents
F.R. Date
Subject
04-21-21
Notice w ith Respect to List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects (N)
USITC releases Basic Rev. 3 of the 2021 HTS
The US International Trade Commission (USITC) has released Basic Rev. 3 of the 2021 Harmonized Tariff Schedule of the United States (HTS or HTSUS). It is available for downloading as a single document or by individual chapters.
The 2021 Basic HTS (Rev. 3) includes:
changes included in 2021 HTS Preliminary Edition and 2021 HTS Preliminary
Revisions 1, 2, and 3 (January 1, 2021, through February 6, 2021), listed in the document's Preface as items 1 through 11; and
cumulative changes that took effect during calendar year 2020 as reflected in the
on-line HTS available on the USITC w ebsite (see the Change Record) and listed in the document's Preface as items 12 through 75.
At the time of posting, the GSP program and the 2018 MTBs set out in subchapter II of chapter 99 have expired. Importers should consult with US Customs and Border Protection (CBP) for information about interim procedures for GSP-eligible entries pending possible renewal of the GSP program.
A printed version of the 2021 Basic HTS will be available in a few weeks and can be ordered from the Government Publishing Office.
USITC issues implementing rules for the United States-MexicoCanada Agreement Implementation Act
On April 8, 2021, the US International Trade Commission (USITC) published in the Federal Register a final rule [19 CFR Part 208] adopting the interim rule published on July 10, 2020 (85 FR 41355), with one amendment. The rule concerns the practices and procedures for investigations of United States-Mexico crossborder long-haul trucking services (cross-border long-haul trucking services) provided for in the United States-Mexico-Canada Agreement (USMCA) Implementation Act (the Act).
Section 322 of the Act requires that the USITC undertake an investigation, upon filing of a petition or request, and make a determination as to whether a grant of authority has caused material harm or threatens material harm to U.S. suppliers of cross-border long-haul trucking services, and if affirmative, to recommend a remedy to the President. Additionally, Section 324 of the Act requires that the USITC, at the request of the President or an interested party, undertake an investigation and make a determination as to whether an extension of relief granted by the President is necessary to prevent or remedy material harm. The Act specifies certain procedures for such investigations, including who may file a petition or request such investigations, the holding of hearings and publication of notices regarding investigations, the timelines for such investigations and deter-
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minations, and the issuance of reports that include the determination, an explanation thereof, and any recommendation for relief. The rule is effective May 10, 2021.
On April 15, 2021, the USITC published in the Federal Register the following correction to the above final rule:
208.5 [Corrected]
On page 18185 in the second column, in part 208, the instruction "2. Amend 208.5 by revising paragraph (e)(i)(vi) to read as follows:" is corrected to read "2. Amend 208.5 by revising paragraph (e)(1)(vi) to read as follows:"
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. 332-227 - Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries (N/H/RFI)
Requested by: Statutory
SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PRODUCT EX-
CLUSIONS
[In order to simplify research, Secs. 201, 232 and 301 proclamations, tariff notices, CBP implementation instructions and significant court cases interpreting
them are now covered in this section of this Update]
CIT declares Proclamation 9980 invalid as contrary to law and orders liquidation without assessment of Sec. 232 tariffs and orders refunds of Sec. 232 deposits
On April 5, 2021, a majority of a three-judge panel of the US Court of International Trade (CIT) held that President Trump issued Proclamation 9980, Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States (85 Fed. Reg. 5,281), beyond the statutory time limits set forth in Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) and was therefore invalid as contrary to law. The CIT found that Proclamation 9980 was not issued within the 105-day time period beginning on the President's receipt of a report qualifying under Section 232(b)(3)(A). Proclamation 9980 assessed a 25% tariff on certain imported articles made of steel and a 10% tariff on certain imported articles made of aluminum (steel and aluminum derivatives, respectively). An earlier motion for summary judgment had been denied, but the CIT, after reviewing the facts, concluded that it had the authority to grant summary judgment pursuant to USCIT R. 56(a) as there were no contested issues of fact. Primesource Building Products, Inc. v. United States, (Slip Op. 21-36, April 5, 2021). The decision was written by Hon. Timothy Stanceu, CJ and Jennifer CheGroves, J. M. Miller Baker, J. dissented.
USTR publishes technical amendments to China Sec. 301 List 3 exclusions for goods in transit May-June 2019
On April 26, 2021, the US Trade Representative (USTR) published in the Federal Register a notice that makes a technical amendment to the exclusions that apply
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to certain products of China covered by the September 24, 2018 action (List or Tranche 3) that were exported from China before May 10, 2019, and entered the United States after May 10, 2019, and before June 15, 2019.
The September action imposed additional 10% ad valorem duties on goods of China classified in 5,757 full and partial subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $200 billion. See 83 FR 47974, as modified by 83 FR 49153. In May 2019, the USTR increased the additional duty to 25 percent, with an effective date of May 10, 2019. See 84 FR 20459.
To account for customs enforcement factors and the average transit time between China and the United States by sea, an implementing notice published on May 15, 2019, provided that products of China covered by the September 2018 action that were exported before May 10, 2019, were not subject to the additional duty of 25 percent, as long as the products entered into the United States prior to June 1, 2019. See 84 FR 21892. This subsequently was amended to extend the June 1, 2019 date to June 15, 2019. See 84 FR 26930. To distinguish the covered products of China subject to the 10 percent rate of additional duty from those subject to the 25 percent rate, a new heading in Chapter 99 of the HTSUS (9903.88.09) was created to cover products from China exported before May 10, 2019, and entered into the United States on or after May 10, 2019, and before June 15, 2019. See 84 FR 21892, as modified by 84 FR 26930.
Published exclusions under the $200 billion action were to apply as of September 24, 2018, the effective date of the $200 billion action, and extend to August 7, 2020. However, the implementing language used in the exclusions notices did not include a reference to HTSUS heading 9903.88.09 and therefore did not have the effect of excluding products that were exported before May 10, 2019, and entered into the United States on or after May 10, 2019, and before June 15, 2019. The annex to this notice makes a technical correction to the exclusions granted under the $200 billion action to include HTSUS heading 9903.88.09. Like all exclusions under this Section 301 investigation, this technical correction applies to entries of goods that are not liquidated or to entries that are liquidated but not final.
ANNEX
Effective w ith respect to goods entered for consumption, or w ithdraw n from w arehouse for consumption under Harmonized Tariff Schedule of the United States (HTSUS) heading 9903.88.09, note 20(l) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by inserting the follow ing sentence after the first paragraph:
"The product exclusions provided by headings 9903.88.13, 9903.88.18, 9903.88.33, 9903.88.34, 9903.88.35, 9903.88.36, 9903.88.37, 9903.88.38, 9903.88.40, 9903.88.41, 9903.88.43, 9903.88.45, 9903.88.46 and 9903.88.48 shall apply to articles the product of China that w ere entered under heading 9903.88.09 and that are provided for in this subdivision.
CBP GUIDANCE ON SECS. 201, 232 AND 301 ACTIONS
Quota on large residential washing machines opens May 5
On April 29, 2021, US Customs and Border Protection (CBP) issued CSMS #47640669- INFORMATION: May 7 Quota opening: Large Residential Washing Machines 2021 Period 2 quoted below:
In alignment w ith Presidential Proclamation 9693 under Section 201 of the Trade Act of 1974, be reminded that the 2021 quota year providing for tariff rate quota (TRQ) for large residential w ashing machines opened on February 7, 2021.
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In alignment w ith Presidential Proclamation 9979 of January 23, 2020: Quantitative limitations applicable to imports of large residential w ashers under HTS subheadings 8450.11.00 and 8450.20.00 are limited on a quarterly basis.
In alignment w ith Presidential Proclamation 10133 of January 14, 2021 the trade remedy measures on large residential w ashers and covered parts are extended through February 7, 2023 and specified quota limits and duty rates for the additional year s.
Large residential w ashers are limited on a quarterly basis:
Period 2: May 7, 2021 to August 6, 2021 300,000 units w ithout rollover
Period 3: August 7, 2021 to November 6, 2021 300,000 units w ithout rollover
Period 4: November 7, 2021 to February 6, 2022 300,000 units w ithout rollover
All entries submitted prior to 8:30 am ET and on May 7, 2021 w ill be counted in the first opening at 8:30 am ET. If the accepted entry totals submitted prior to the first opening exceed the limit they w ill be prorated.
Please refer to Quota Bulletin QB 21-505 2021 Large Residential Washers and Covered Parts (https://w ww.cbp.gov/trade/quota/bulletins/qb-21-505-w ashers-and-covered-parts) w hich address tariff rates and quantity thresholds for February 7, 2021 to February 6, 2022.
THE CHART BELOW SHOWS FEDERAL REGISTER NOTICES AND CSMS MESSAGES RELATED TO SEC. 301 EXCLUSIONS
SUMMARY OF SECTION 301 DUTIES ON PRODUCTS OF CHINA - Product Exclusions Granted
Round
Tranche
Federal Register Notice
83 FR 67463 1st
84 FR 70616
84 FR 11152 2nd
85 FR 15849
84 FR 16310 3rd
Tranche 1 - 85 FR 20332 $34 Billion
84 FR 21389
4th
25% from 7/6/2018
85 FR 29503
Excl u si o n
5th
su b m i ssions due
84 FR 25895
10/9/2018
85 FR 33775
84 FR 32821 6th
85 FR 41267
84 FR 49564 7th
85 FR 59587
8th 84 FR 52567
Publication Effectiv e
Date
Date
12/28/2018 12/23/2019 3/25/2019 3/19/2020 4/18/2019 4/10/2020 5/14/2019
7/6/201812/28/2019
12/28/2019 12/28/2020
7/6/2018 -3/25/2020 7/6/2018 3/25/2021
7/6/2018 -4/18/2020
7/6/2018 4/18/2021
7/6/2018 -5/14/2020
5/15/2020
7/6/2018 12/31/2020
6/4/2019 6/2/2020 7/9/2019
7/6/2018 -6/4/2019
6/4/202012/31/2020
7/6/2018 -7/9/2020
7/9/2020 9/20/2019 9/22/2020 10/2/2019
7/9/202012/31/2020
7/6/2018 -9/20/2020
9/20/202012/31/2020
7/6/2018 -10/2/2020
HTS
9903.88.05 9903.88.05 e xte n si o n s 9903.88.06 9903.88.06 e xte n si o n s
9903.88.07 9903.88.07 e xte n si o n s
9903.88.08
9903.88.08 Exte n si o n s
9903.88.10
9903.88.50 Exte n si o n s
9903.88.11
9903.88.52 Exte n si o n s
9903.88.14
Exte n si o n s 9903.88.58
9903.88.19
CSMS 19-000052 41167371 19-000155 42180527 19-000212 42355914 19-000244 42839255 19-000332 43043838 38840764
40002982 44243021 40330403
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9th 84 FR 69016
10th 85 FR 7816
85 FR 28692
85 FR 42970 85 FR 49415
8,9,10
85 FR 62782
Tranche 1 COVID 19 Exte n si o n s*
85 FR 85831
Tranche 1 COVID 19 Exte n si o n s**
85 FR 13785
84 FR 37381
85 FR 73590 1st 85 FR 45949
85 FR 73590
Tranche 2 $16 Billion 85 FR 49414
25% from 84 FR 49600 2nd 8/23/2018
Exclusion 85 FR 59595 su b m i ssions due 84 FR 52553
3rd 12/18/2018 85 FR 62786
4th 84 FR 69011
5th 85 FR 10808
85 FR 28691
85 FR 43291
Tranche 2 COVID 19 Exte n si o n s*
85 FR 85831
Tranche 2 COVID 19 Exte n si o n s**
85 FR 13785
12/17/2019 2/11/2020 5/13/2020 7/15/2020 8/13/2020 10/5/2020 12/29/2020 3/10/2021
7/6/2018- Amendments& 10/1/2020 corrections
7/6/2018 10/1/2020
9903.88.19
Ori g i n a l dates
Ori g i n a l dates
Co rre cti o n s Amendment
Ori g i n a l dates
10/2/202012/31/2020
1/1/2021 3/31/2021
T echni cal amendment 9903.88.60 Exte n si o n s
9903.88.62
4/1/20219/30/2021
9903.88.62
41878462
43531632
44451479 45318223 46607637
7/31/2019
8/23/2018 -7/31/2020
9903.88.12
39169565
11/18/2020
7/30/2020 11/18/2020 8/13/2020 9/20/2019 9/22/2020 10/2/2019 10/5/2020 12/17/2019 2/25/2020 5/13/2020 7/16/2020 12/29/2020 3/10/2021
8/23/2018 -7/31/2020
T echni cal Amendment USN 20(o)(14)
7/31/2020- Extensions 12/31/20 9903.88.54
43600625
7/31/202012/31/20
T echni cal Amendment
USN20(ggg)(4)
8/23/2018 Technical -7/31/2020 Amendment
8/23/2018 -9/20/2020 9903.88.17
9/20/2020- Extensions 12/31/2020 9903.88.59
8/23/2018 9903.88.20 -10/2/2020
10/2/2020- Extensions 12/31/2020 9903.88.61
8/23/2018 Amendments&
to ***
co rre cti o n s
8/23/2018 Adds US Note -10/1/2020 20(y)(112)
10/2/201910/1/2020
Amendment
Ori g i n a l dates
Co rre cti o n s
M o d i fi catio ns 8/23/2018 and 1 moved -10/2/2020 from tranche 1 to
2
1/1/2021 3/31/2021
9903.828.63
40001360 44198137 40208881 44450418
43531632 45318223
4/1/20219/30/2021
9903.88.623
46607637
1st Tranche 3 - 84 FR 38717 $200 Billion
2nd 10% if 84 FR 49591
8/7/2019 9/20/2019
9/24/20188/7/2020
9/24/2018 -8/7/2020
9903.88.13 9903.88.18
39268267 40003027
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3rd
exported before 84 FR 57803
5/10/2019
4th and entered 84 FR 61674 by
5th
6/15/2019 o th e rwi se
84 FR 65882
25% from 6th 5/10/2018 84 FR 69012
7th Exclusion 85 FR 549 su b m i s-
8th
sions due 9/30/2019 85 FR 6674
9th 85 FR 9921
10th 85 FR 15015
11th 85 FR 17158
12th 85 FR 23122
13th 85 FR 27489
14th 85 FR 32094
85 FR 38000
85 FR 42968
15th 85 FR 48600
16th 85 FR 52188
17th 85 FR 57925
18th 85 FR 72748 85 FR 63329
85 FR 63332
Tranche 3 COVID 19 Exte n si o n s*
85 FR 85831
Tranche 3 COVID 19 Exte n si o n s**
85 FR 13785
10%
86 FR 22092
10/28/2019 11/13/2019 11/29/2019 12/17/19 1/6/2020 2/5/2020 2/20/2020 3/16/2020 3/26/2020 4/24/2020 5/8/2020 5/28/2020 6/24/2020 7/15/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9/24/2018 -8/7/2020
9903.88.33 9903.88.34 9903.88.35 9903.88.36 9903.88.37 9903.88.38 9903.88.40 9903.88.41 9903.88.43 9903.88.45 9903.88.46 9903.88.48 1 exclusion Amendments
40564257 40710742 40901928 41052773 41702837 41834749 41998518 42048963 42181055 42566220 42693720 43044185 43400564 43464503
8/11/2020
8/7/202012/31/2020
9903.88.56 Exte n si o n s
43687570 43751936
8/24/2020 9/16/2020 11/13/2020 10/7/2020
9/24/018 Exclusions& -8/7/2020 Amendments
8/7/202012/31/2020
Exte n si o n T echni cal
amendment
9/24/2018
T echni cal amendment to
-8/7/2020 USN 20 (yy) (75)
9/24/2018 Technical -8/7/2020 Amendment
43828656
44172343 44172307
44905878
10/7/2020
12/29/2020 3/10/2021 4/26/2021
8/7/202012/31/2020
1/1/2021 3/31/2021
4/1/20219/30/2021
5/10/2019 6/15/2019
T echni cal Amendments on Extensions
9903.88.64
9903.88.64
Technical re: 9903.88.09
45318223 46607637
1st Tranche 4A 85 FR 13970 $300 Billion Excl u si o n
2nd submis- 85 FR 15244 sions due
3rd 1/31/20 85 FR 17936
4th
15% from 9/1/2019 to 85 FR 28693
3/10/2020 3/17/2020 3/31/2020 5/13/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9903.88.39 9903.88.42 9903.88.44 9903.88.47
41955151 42049352 42219187 42837261
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5th 5th/6th
2/13/2020; 7.5% from 2/14/2020
85 FR 32098 85 FR 35975
7th 85 FR 41658
8th 85 FR 44563
9th 85 FR 48627 10th 85 FR 54616
85 FR 63331
85 FR 63330
Tranche 4 COVID 19 Exte n si o n s*
85 FR 85831
Tranche 4 COVID 19 Exte n si o n s**
85 FR 13785
5/28/2020 6/12/2020 7/10/2020 7/23/2020 8/11/2020 9/2/2020 10/7/2020
10/7/2020
12/29/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9/1/2019 -9/1/2020
9/1/202012/31/2020
9/1/2019 -9/1/2020
9/1/202012/31/2020
1/1/2021 3/31/2021
9903.88.47 Amendments
9903.88.49
9903.88.51
9903.88.53
9903.88.55
Exte n si o n s 9903.88.57
T echni cal Amendment T echni cal Amendments On Extensions
9903.88.65
43134617 43401456 43534641 43656381 44016918
45318223
3/10/2021
4/1/20219/30/2021
9903.88.65
46607637
* **
All Tranches 85 FR 85831
COVID 19 Extensions 85 FR 13785
12/29/2020 3/10/2021
1/1/2021 3/31/2021
04/1/202109/30/2021
9903.88.62 9903.88.63
9903.88.64 9903.88.65
45318223 46607637
***/ Correctionsare retroactive to original date but do not extend exclusionsb eyond original expiration dates
CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES
CBP publishes modifications to the collections process for deferred tax payments on consumption entries of distilled spirits, wines, and beer imported into the United States
On April 29, 2021, US Customs and Border Protection (CBP) published in the Federal Register a general notice that announces that CBP is modifying the collections process for deferred payments of internal revenue taxes owed on consumption entries of distilled spirits, wines, and beer imported into the United States (other than in bulk containers). The primary modification announced in the notice is the harmonization of the determination of the due date for deferred tax payments with the entry summary date. Another modification is the consolidation of all deferred tax entry bills from all ports of entry for one semi-monthly period into consolidated bill(s) viewable in the Automated Commercial Environment (ACE). CBP is further facilitating deferred tax payments by removing current policy restrictions on the filing of entries with deferred taxes and eliminating the now unnecessary Semi-Monthly Excise Tax Form (Greater than 50) for importers who pay deferred taxes through Pay.gov. Lastly, CBP is adding a new payment method for deferred taxes in ACE while also eliminating a current, but lesserused payment method available through Fedwire.
The modifications to the collections process for deferred taxes that are announced in the notice will become operational on May 1, 2021, except for the elimination of the current payment method using Fedwire. To allow Fedwire users time to convert to a different payment method, CBP is granting a longer transition period through June 30, 2021. As of July 1, 2021, CBP will no longer accept payments of deferred taxes through Fedwire
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CBP publishes quarterly interest rates
On April 23, 2021, US Customs and Border Protection (CBP) published in the Federal Register a general notice that advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same from the previous quarter. For the calendar quarter beginning April 1, 2021, the interest rates for overpayments will be 2 percent for corporations and 3 percent for non-corporations, and the interest rate for underpayments will be 3 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.
DHS/CBP extend land and ferry travel restrictions to/from Mexico and Canada
On April 22, 2021, Office of the Secretary of the Department of Homeland Security (DHS) and US Customs and Border Protection (CBP) published in the Federal Register a notification of continuation of temporary travel restrictions at land ports of entry and ferries between the United States and Mexico from April 22, 2021 to May 21, 2021. For purposes of the temporary alteration in certain designated ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and (b)(2), travel through the land ports of entry and ferry terminals along the United States-Mexico border shall be limited to "essential travel." At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico.
On the same date, a similar notification was published by DHS/CBP in the Federal Register that continues to temporarily limit the travel of individuals from Canada into the United States at land ports of entry and ferries along the United States-Canada border through May 21, 2021.
Given the definition of "essential travel" in each notification, the temporary alteration in land ports of entry operations should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the two borders. [See our October Update for the definitions of "essential travel" and other details for both notifications.]
CBP imposes import restrictions on categories of archaeological material of Costa Rica
On April 1, 2021, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 21-06] that amends the CBP regulations to reflect the imposition of import restrictions on certain archaeological material from the Republic of Costa Rica (Costa Rica). These restrictions are being imposed pursuant to an agreement between the United States and Costa Rica that has been entered into under the authority of the Convention on Cultural Property Implementation Act. The final rule amends the CBP regulations by adding Costa Rica to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. The final rule also contains the Designated List that describes the types of archaeological material to which the import restrictions apply. The Designated List includes archaeological materials in jade, gold and other metal, ceramics, stone, bone, resin, and shell ranging in date from approximately 12,000 B.C. to A.D. 1550.
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Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.]
F.R. Date
Subject
04-09-21
Vessel Entrance or Clearance Statement CBP Form 1300 [OMB Control No. 1651-0019] (N)
"Lever-Rule" application(s) granted
CBP has granted the following application(s) for "Lever-Rule" protection pursuant to 19 C.F.R. 133.2(f). CBP determined the goods under consideration are physically and materially different from the goods authorized for sale in the United States and the referenced trademarks are entitled to "Lever-rule" protection with respect to those physically and materially different goods. [Shown as "Approved" below]
Customs
Bulletin Date
Applicant
JUUL Labs, Inc.
(Application published on
02-17-21)
04-21-21 Approved
Products Covered by the Application
Trademark
Electronic cigarettes; electronic smoking vaporizers; tobacco substitutes in liquid solution form; liquid nicotine used to refill electronic cigarettes; chemical flavorings in liquid form used to refill electronic cigarettes; and, cartridges sold filled w ith chemical flavorings in liquid form for electronic cigarettes, manufactured in the United States and China and intended for sale outside the United States
"JUUL" word mark USTM Reg. 4,818,664 CBP TMK 1600860);
--"JUUL (STYLIZED)" USTM Reg. 4,898,257 CBP TMK 1600874);
-"JUUL LABS" word mark
USTM Reg. 5,776,153 CBP TMK 1901018);
--
JUULPOD DESIGN USTM Reg.. 5,304,697 CBP TMK 1800062);
_ "DESIGN ONLY (JUUL DEVICE DESIGN) USTM Reg. 5,299,392 CBP TMK 1800063);
-"JUULPODS" word mark
USTM Reg. 5,918,490 CBP TMK 2100061).
Monster Energy Company
(Application published on
03-17-21)
Monster Energy 500ML beverages bottled in Ireland, Netherlands and Poland, intended for sale in Europe
"M & DESIGN" USTM Reg. 3,434,822 CBP TMK 10-00656
"MONSTER ENERGY" USTM Reg. 3,044,315 CBP TMK 1501223
"M DESIGN" USTM 5,580,962 CBP TMK 19-00076
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EAPA Notices of Action and Final Determinations
The following Notices of Action and Final Determinations under the Enforce and Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015) relating to alleged evasion of antidumping or countervailing duties were posted by CBP:
Date
Subject
03-01-21
EAPA Cons. Case 7522: AAA Innovation LLC; Astera Kitchen and Bath, Inc.; FTR LLC; GHS Group, LLC; Gin Investments Corp.; Gold Stone Kitchen Depot Inc.; Granite Collection Inc.; Ilkem Marble & Granite Inc.; Next Generation Marble and Granite LLC; North Creation Granite Co. ; RQ Sales Co. LLC; RQ Sales LLC; The Top Shop, Inc.; Total Scope Cabinets and Tops LLC; and YNJ Management LLC (Notice of Investigation, March 1, 2021)
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 04-01-21
04-02-21
04-05-21 04-06-21 04-07-21 04-08-21 04-09-21
CSMS# and Title
CSMS #46794397 - Daily Update: K-Line America Inc. IT Issues CSMS #46848363 - ACE CBP MultiModal Manifest Issues 4/1/2021 CSMS #46850023 - Resolved - ACE CBP MultiModal Manifest Issues
4/1/2021 CSMS #46856160 - Food and Drug Administration (FDA) Recommends Use
of Import Trade Auxiliary Communication System (ITACS) CSMS #46794466 - Daily Update: K-Line America Inc. IT Issues CSMS #46857101 - Final Versions of the PGA Message Set and Appendix
PGA have been posted to CBP.gov CSMS #46857537 - Goods w ith Country of Origin of Cuba can be Manually
Filed in ACE Cargo Release w ith Valid Office of Foreign Assets Control License CSMS #46858174 - QB 21-309 2021 Specialty Sugar Period 5 Opening Date Change CSMS #46876193 - Food and Drug Administration (FDA) Center for Drug Evaluation and Research (CDER) Product Code End-date CSMS #46856830 - Daily Update: K-Line America Inc. IT Issues CSMS #46856842 - Daily Update: K-Line America Inc. IT Issues CSMS #46893644 - ACE CERTIFICATION **Trade Testing Requested** after MQ Softw are upgrade CSMS #46856847 - Daily Update: K-Line America Inc. IT Issues CSMS #46903700 - Update - AES Commodity Response Messages 227 and 007 Restored from Informational to Fatal CSMS #46910457 - ACE ABI Rejection "Local Permit Port Not Valid" CSMS #46911070 Resolved-ACE ABI Rejection "Local Permit Port Not Valid" CSMS #46912475 - Craft Beverage Modernization and Tax Reform Act (CBMA) Enhancements Deployed on April 6, 2021 CSMS #46856861 - Daily Update: K-Line America Inc. IT Issues CSMS #46930343 - Automated Commercial Environment (ACE) Collections Release 3 Deferred Tax CERT Environment Open
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Date
04-12-21
04-13-21
04-14-21
04-15-21 04-16-21 04-19-21 04-20-21 04-21-21 04-22-21 04-23-21
CSMS# and Title
CSMS #46931477 -FDA Scheduled System Dow n Time: Saturday, April 10, 2021, 11:00 PM Eastern to Sunday April 11, 2021 4:00 AM Eastern
CSMS #46856871 - Daily Update: K-Line America Inc. IT Issues CSMS #46951901 - CBP is removing extra leading spaces that appear in the
narrative text in the PGA errors sent to trade.
CSMS #46952063 - Updated Draft ACE Cargo Release Implementation Guide and Draft ACE FTZ CATAIR Chapter for the FTZ Identifier Format Change
CSMS #46953805 - 2021 Quota Bulletin 21-308 Specialty Sugar Period 4 Opening
CSMS #46951894 - Daily Update: K-Line America Inc. IT Issues CSMS #46964583 - AES Commodity Response Messages 227 and 007 Re-
stored to Fatal
CSMS #46965265 - Daily Update: K-Line America Inc. IT Issues CSMS #46967911 - CBP Netw ork engineering migration on Thursday, April
15, 2021 betw een 11pm and 5am ET, and Thursday, April 22, 2021 from 11PM 5 AM ET may impact the overall Cargo Release flow , including PGA processing
CSMS #46970234 - FDA Entries: Submission of Product Codes in PG02 CSMS #46977310 - POSTPONED TO SATURDAY, APRIL 17, 2021 - The
CBP Netw ork engineering migration that w as scheduled on Thursday, April 15 and Thursday April 22, w ill now occur on one night only - Saturday April 17, 2021 betw een 10pm and 5am ET CSMS #46977381 - The ACE DIS XML implementation Guide has been updated
CSMS #46970977 - Updated CATAIR Entry Summary Create/Update Under Chapters Tab to Include CBMA
CSMS #46977413 - EPA Supplemental Guide has been updated and posted
CSMS #46965274 - Daily Update: K-Line America Inc. IT Issues
CSMS #46983915 - National Commodity Specialist Division May 2021 Webinars
CSMS #46965287 - Daily Update: K-Line America Inc. IT Issues CSMS #46999733 -Information on ACE Collections Release 3 Support Calls CSMS #47008670 - Food and Drug Administration (FDA) New Center for Drug
Evaluation and Research (CDER) Product Codes
CSMS #46965316 - UPDATE: K-Line America Inc. IT Issues CSMS #47040948 - Reminder: Information on ACE Collections Release 3
Support Calls
CSMS #47047178 - FDA Supplemental Guide Version 2.5.4 Now Available CSMS #47057256 - Reminder: Information on ACE Collections Release 3
Support Calls April 20 - 21
CSMS #47058324 - Reminder: Foreign Trade Zone (FTZ) ID Format Expansion Deployment Date is April 24, 2021
CSMS #47098953 - Initiation of Antidumping and Countervailing Duty Investigations: Organic Soybean Meal from India
CSMS #47101825 - Updated Draft Cargo Release CATAIR Chapter CSMS #47103405 - UPDATE: Updated Draft Cargo Release CATAIR Chapter
CSMS #47116517 - Reminder: Trade Support Call Information for Craft Beverage Modernization Act Enhancements in ACE
CSMS #47130533 - Updated ACE Cargo Release CATAIR Chapter
CSMS #47138649 - Harbor Maintenance Fee (HMF) is exempt on an Entry Summary line w hen the Mode Of Transportation (MOT) is either 10, 11, or 12.
CSMS #47166208 - Statements: Delayed Finals
CSMS #47165535 - ACE PRODUCTION EXTENDED Maintenance, MQ Softw are Upgrade & ACE Deployment, Sat. April 24, [email protected] 9pm to 4am ET
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Date
04-26-21 04-27-21 04-28-21
04-29-21 04-30-21
CSMS# and Title
CSMS #47185084 - New and Updated PGA Documentation Now Available on CBP.gov
CSMS #47289481 - Updated PGA Status Notification Document has been posted
CSMS #47301287 - Rejects Related to FTZ Processing CSMS #47309888 - Information on the Deployment of ACE Collections - Re-
lease 3 CSMS #47404880 - Update on FTZ Firms Codes rejects CSMS #47452953 - FTZ Format Change Deployed and Updated CATAIRS
Under Chapters Tab CSMS #47525889 - Resolved - FTZ Firms Code rejects CSMS #47606279 - ACE Collections Deferred Tax Release May 1 CSMS #47618483 - Updated Error Dictionary for Statement Process CSMS #47633140 - U.S. Consumer Product Safety Commission (CPSC)
1USG Messaging Update CSMS #47638439 - Marking Requirements for consumer-ready, fresh cut
flow ers (Spanish version) CSMS #47640669 - INFORMA TION: May 7 Quota opening: Large Residential
Washing Machines 2021 Period 2 CSMS #47646287 - Reminder: Information on the Deployment of ACE Collec-
tions - Release 3 CSMS #47651376 - Fix for AD/CVD Case Information Automated Broker Inter-
face (ABI) Query
Foreign Trade Zones
The following documents were published in the Federal Register by the ForeignTrade Zones Board:
F.R. Date
04-06-21
04-08-21 04-12-21 04-13-21 04-21-21 04-23-21 04-26-21 04-28-21
Document
Foreign-Trade Zone 38 Spartanburg County, South Carolina; Notification of Proposed Production Activity; Black & Decker (US), Inc. (Production and Kitting of Pow er Tools and Injection Molded Parts) Fort Mill, South Carolina [B-262021] Foreign-Trade Zone 106 Oklahoma City, Oklahoma; Notif ication of Proposed Production Activity; Miraclon Corporation (Flexographic/Aluminum Printing Plates and Direct Imaging/Ther mo Imaging Layer Film) Weatherford, Oklahoma [B-27-2021]
Approval of Subzone Status; Celgene Corporation, Warren and Summit, New Jersey [S-26-2021] Foreign-Trade Zone ;46 Cincinnati, Ohio Authorization of Production Activity; MANE, Inc. (Flavor Preparations and Seasonings) Cincinnati and Lebanon, Ohio [B-69-2020] Foreign-Trade Zone 49 New ark, New Jersey; Application for Subzone; Woodfield Distribution LLC Dayton, New Jersey [S-52-2021] Foreign-Trade Zone 18 San Jose, California; Application for Subzone Expansion; Lam Research Corporation New ark, California [S-59-2021] Foreign-Trade Zone 107 Des Moines, Iow a; Notification of Proposed Production Activity; Lely North America, Inc. (Automated Milking and Feeding Equipment) Pella, Iow a [B-29-2021] Foreign-Trade Zone 7 Mayaguez, Puerto Rico; Notification of Proposed Production Activity; MSD International GMBH (Puerto Rico Branch) LLC (Pharmaceuticals) Las Piedras, Puerto Rico [B-30-2021] Foreign-Trade Zone 45 Portland, Oregon; Notif ication of Proposed Production Activity; Lam Research Corporation (Semiconductor Production Equipment, Subassemblies and Related Parts), Tualatin and Sherw ood, Oregon [B31-2021]
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F.R. Date 04-30-21
Document
Foreign-Trade Zone 38 Charleston, South Carolina; Notification of Proposed Production Activity; BMW Manufacturing Company, LLC (Passenger Motor Vehicles) Spartanburg, South Carolina [B-32-2021] Foreign-Trade Zone 293 Limon, Colorado; Notification of Proposed Production Activity; Kaiser Premier LLC (Special Purpose Vehicles) Fort Morgan, Colorado [B-33-2021]
EXPORT CONTROLS AND SANCTIONS
BIS updates reporting requirements relating to mass-market encryption items and publicly available software, and also updates certain classifications
On March 29, 2021, the Department of Commerce's Bureau of Industry and Security (BIS) published a final rule ("Final Rule") implementing changes to the Export Administration Regulations (EAR) that were agreed to at the December 2019 Wassenaar Arrangement Plenary meeting. Specifically, the Final Rule modified the reporting and self-classification requirements for exports of most mass-market encryption items and the email notification requirement for exports of publicly available encryption source code and beta test software. The final rule also revised the Export Control Classification Number (ECCN) entries of twenty-two items on the EAR's Commerce Control List (CCL), which generally narrows the scope of the controls or provides clarification on the existing entries.
Relaxation of Controls on Certain Encryption Items
The Final Rule implemented three major changes to EAR provisions regarding encryption items identified in Category 5, Part 2 of the CCL in Supplement No. 1 to Part 774 of the EAR.
First, the Final Rule moved mass-market encryption components (including chip-
sets, chips, electronic assemblies, and field-programmable logic devices), the executable softw are related to such encryption components, toolsets, and toolkits from EAR Section 740.17(b)(3) to 750.17(b)(1). Whereas previously these items could only have been exported under License Exception ENC after the submission of a mandatory classification request to BIS, they now can be self -classified under ECCN 5A992.c. or 5D992.c. as mass-market items. BIS notes that most cryptographic libraries and modules w ill remain Section 740.17(b)(3) items.
Second, the Final Rule amended Section 740.17(e) of the EAR such that mass -
market development kits (toolsets) and toolkits that are stand-alone products (e.g., are not components or executable softw are) that fall under Section 740.17(b)(1) of the EAR no longer require submission of an annual self -classification report. Mass market components and their executable softw are that are self-classified under ECCN 5A992.c or 5D992.c, how ever, are subject to the annual self-classification reporting requirements.
Third, the Final Rule eliminated the requirement previously included in EAR Sec-
tion 742.15(b) to submit email notifications to BIS and the ENC Encryption Coordinator as a condition for publicly available encryption source code to be released from control under the EAR. Prior to this change, an email notification w as required that provided the Internet location (e.g., URL or internet address) or a copy of the publicly available encryption source code before such source code could be considered not subject to the EAR.
Importantly, none of the above changes affect any of the License Exception ENC requirements for any non-mass market encryption item or any encryption item (mass market or not) that implements "nonstandard cryptography."
This Final Rule also implemented other changes that are unrelated to mass-market encryption items. Specifically, the Final Rule:
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eliminated the reporting requirement under EAR Section 740.9(c)(8) for beta test
encryption softw are under license exception TMP, as long as the product does not implement nonstandard cryptography;
expanded an exclusion in the encryption controls for w ireless personal area net-
w ork functionality by eliminating the range limitations such that items using only published or commercial cryptographic standards, w here the information security functionality is limited to personal area netw ork functionality, now fall outside of EAR's encryption controls;
added gatew ays to an existing carve-out from the encryption controls for certain
items (e.g., routers, sw itches, relays) that are limited to the tasks of Operations, Administration, or Maintenance (OAM).
Other Non-Encryption Related Changes
Apart from the aforementioned encryption-related changes, the Final Rule also revised the ECCN entries of twenty-two items in Categories 0, 1, 2, 3, 5, 6, and 9 of the CCL to align with decisions made at the December 2019 Wassenaar plenary meeting. Items impacted by these revisions include body armor, metal alloys, optical sensors, and spacecraft-related software. Most of the changes either narrow the scope of the controls or provide clarification on existing entries. These changes follow BIS's October 2020 rule implementing revisions to the EAR related to emerging technologies, which also were agreed upon at the 2019 Wassenaar plenary meeting.
Author: Bart M. McMillan, Meghan Hamilton and Yu (Iris) Zhang.
US Government imposes new sanctions on Russia, designates several Russian technology companies and other persons, bans US financial institutions from dealing in Ruble-denominated Russian sovereign debt, and issues updated guidance and FAQs on PEESA and on US arms embargo on Russia
In the past several days, the US Government has issued a slew of sanctions measures targeting Russia. These represent the first major escalation of sanctions against Russia under the Biden Administration and, according to a White House Fact Sheet, are stated to be in response to Russia's "harmful foreign activities," including efforts to undermine free and fair democratic elections and institutions, malicious cyber activities (including the recent SolarWinds incident), transnational corruption, targeting of dissidents and journalists, undermining national security and violating the territorial integrity of states.
The latest measures include:
1. A new Executive Order 14024, "Blocking Property w ith Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation" ("New Russia EO");
2. The addition of several new parties to the OFAC Specially Designated Nationals and Blocked Persons List ("SDN List"), including six Russian technology companies under the New Russia EO and 40 others under pre-existing authorities; and
3. A related new Directive prohibiting US financial institutions from participating in the primary market for certain ruble, as w ell as non-ruble, denominated Russian sovereign bonds and loans.
Separately, on April 12, 2021 the State Department issued a fact sheet and FAQs on the recent addition of Russia to the list of countries subject to arms embargoes under the International Traffic in Arms Regulations (ITAR), and on April 9, 2021 updated clarifying public guidance and FAQs on the scope of the "Protecting Europe's Energy Security Act of 2019" as amended on January 1, 2021 by the National Defense Authorization Act for FY 2021.
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These measures, as further described below, have already prompted certain retaliatory sanctions from Russia, including against senior US officials.
New Russia EO 14024
Section (a) of the New Russia EO provides various new authorities for the imposition of blocking sanctions against any person identified by the Secretary of the Treasury, in consultation with the Secretary of State (and in some cases by t he
Attorney General), to:
(a)(i) Operate in the technology and defense and related materiel sectors of the
Russian Federation economy, and in any additional sectors of the Russian Federation economy as may be determined;
(a)(ii) Be responsible for, complicit in, or have directly or indirectly engaged or at-
tempted to engage in the below activities for the benefit of the Government of the Russian Federation:
o malicious cyber-enabled activities,
interference in a United States or other foreign government election,
actions or policies that undermine democratic processes or institutions
in the United States or abroad,
transnational corruption,
assassination, murder, or other unlaw ful killing of, or infliction of other
bodily harm against, a United States person or a citizen or national of a United States ally or partner,
activities that undermine the peace, security, political stability, or territo-
rial integrity of the United States, its allies, or its partners, or
deceptive or structured transactions or dealings to circumvent any
United States sanctions, including through the use of digital currencies or assets or the use of physical assets;
(a)(iii) be leaders, officials, senior executives, or members of the board of direc-
tors of the Russian Government, an entity that has engaged in activities described in (a)(ii), or an entity otherw ise blocked pursuant to the New Russian EO;
(a)(iv) and (a)(v) be a political subdivision, agency, or instrumentality of the Rus-
sian Government, or is a spouse or adult child of any person blocked pursuant to (a)(ii) or (a)(iii);
(a)(vi) have materially assisted, sponsored, or provided financial, material, or
technological support for, or goods or services to or in support of any activity described in (a)(ii) or any person blocked pursuant to the New Russia EO; or
(a)(vii) be ow ned or controlled by, or to have acted or purported to act for or on
behalf of the Russian Government or any person blocked pursuant to the New Russia EO.
The above authorities could be used to target both Russian and non-Russian parties. Note that the blocking authority in (a)(i) for operating in the defense and related materiel sector does not automatically block parties already subject to the separate OFAC Directive 3 under EO 13662.
Separately, Sections (b) and (c) of the New Russia EO provide additional authority to block and sanction specifically Russian parties, i.e., Russian citizens, entities organized under the laws of Russia (including foreign branches of such entities), and for Section (b), also persons ordinarily resident in the Russian Federation, who are determined to:
(b) Have materially assisted, sponsored, or provided financial, material, or tech-
nology support in support any government whose property and interests in
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property are blocked under US sanctions regulations (i.e., currently Cuba, Iran, North Korea, Syria and Venezuela); or
(c) Be responsible for or complicit in, or to have directly or indirectly engaged in
or attempted to engage in cutting or disrupting gas or energy supplies to Europe, the Caucasus, or Asia .
OFAC SDN Designations
In conjunction with the New Russia EO, OFAC also added several new parties to the SDN List. The new additions include six Russian technology companies sanctioned under the New Russia EO for operating in the Russian technology sector: AST AO; Pasit AO; JSC Positive Technologies; ERA Military Innovation Technopolis/FGAU VIT ERA; FGANU NII Specvuzavtomatika; Neobit, OOO (including various aliases).
OFAC also added to the OFAC SDN List several additional individuals and entities under pre-existing sanctions authorities, including the cyber-related sanctions, WMD non-proliferation sanctions, electoral interference sanctions, and the Ukraine-related sanctions.
As a result of these designations, US persons are generally prohibited from transacting with these newly-designated SDN parties, as well as any entities that are owned 50 percent or more by one or more of these SDNs. Non-US persons can also be liable for causing violations by US persons involving these SDNs, and can also be subject to secondary sanctions risks in some cases (which would include in particular, the risk of designation as an SDN themselves).
OFAC Directive 1 Prohibiting Participation in Russian Sovereign Debt/Loans
On April 15, 2021, OFAC also issued a Directive pursuant to the New Russia EO generally prohibiting US financial institutions from (1) participating in the primary market for ruble or non-ruble denominated bonds issued after June 14, 2021 by the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, or the Ministry of Finance of the Russian Federation, and (2) lending ruble or non-ruble denominated funds to these three entities. "US financial institution" is broadly defined to include, inter alia, securities brokers and dealers, foreign exchange merchants, clearing corporations, investment companies and employee benefit plans, amongst others, including their US holding, affiliate or subsidiary companies. This Directive is independent from, but expands upon existing prohibitions on certain dealings in Russian non-ruble sovereign debt that have been in place since August 2019 under EO 13883 and the Chemical and Biological Weapons Act Directive. These restrictions do not apply to participation in the secondary market for such bonds, nor do they flow down to entities that are 50% or more owned by the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, or the Ministry of Finance of the Russian Federation.
OFAC New/Updated FAQs
To provide further guidance on the Directive and the New Russia EO, OFAC also published six new FAQs: 886, 887, 888, 889, 890, 891, and updated existing FAQs: 673, 674, 675, 676, to conform with these developments.
DDTC FAQs Regarding the Addition of Russia to the ITAR
On April 12, 2021, the State Department's Directorate of Defense Trade Controls (DDTC) published a fact sheet and FAQs on the March 18, 2021 final rule adding Russia to the list of countries subject to arms embargoes under 126.1 of the
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ITAR. These materials provide guidance on the status of pending and issued license applications, temporary imports, and brokering activities. Our previous blog post regarding the identification of Russia as subject to an arms embargo is available here.
State Department Issues PEESA Guidance and FAQs Relating to Nord Stream 2 and TurkStream Projects
On April 9, 2021, the State Department issued updated guidance and FAQs to provide notice of the range of activities now covered by the "Protecting Europe's Energy Security Act of 2019" (PEESA) as amended and expanded in January 2021 via Section 1242 of the National Defense Authorization Act for Fiscal Year 2021 (NDAA). Those amendments were outlined in our previous blog post and included expansion of sanctions to target vessels engaging in "pipe-laying activities" for the construction of the Nord Stream 2 and Turkstream pipeline projects, as well as certain additional targeted activities.
The updated FAQs provide further detail on: (1) covered activities under PEESA; (2) PEESA exceptions; and (3) the time period for non-US parties to wind-down activities considered sanctionable under PEESA, which expired on January 31, 2021.
***
We are continuing to monitor developments and possible countermeasures. Notably, the White House Fact Sheet on these developments issued a warning about possible future actions under Executive Order 13873 with respect to "the risks of using information and communications technology and services (ICTS) supplied by companies that operate or store user data in Russia or rely on software development or remote technical support by personnel in Russia.'
Authors: Alison J. Stafford Powell, Meghan Hamilton and Andrea Tovar.
Annual increase in civil monetary penalties for Treasury, State, and Commerce Departments
The Treasury Department's Office of Foreign Assets Control (OFAC), the State Department (State), and the Commerce Department (Commerce) issued rules adjusting maximum civil monetary penalties (CMPs) under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (FCA), as outlined below. (For additional years of CMPs, see our previous blog post available here.)
OFAC CMP Adjustments
Under OFAC's final rule published on March 17, 2021, the adjusted penalties apply to CMPs that are assessed after March 17, 2021, as long as the violation occurred after November 2, 2015 (i.e., the date of the enactment of the 2015 Act). OFAC imposes CMPs pursuant to the penalty authority in five statutes: the Trading with the Enemy Act (TWEA), the International Emergency Economic Powers Act (IEEPA), the Foreign Narcotics Kingpin Designation Act (FNKDA), the Antiterrorism and Effective Death Penalty Act (AEDPA), and the Clean Diamond Trade Act (CDTA). OFAC penalty adjustments for each of these statutes, as well as the 2019 and 2020 adjustments for reference, are below:
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Statute
Trading w ith the Enemy Act (TWEA)
International Emergency Economic Pow ers Act (IEEPA)
Foreign Narcotics Kingpin Designation Act (FNKDA)
Antiterrorism and Effective Death Penalty Act (AEDPA)
Original Maxim um 2020 Adjusted Maxi-
CMP (per viola- m um CMP (per viola-
tion)
tion)
$65,000
$90,743
The greater of $250,000 or tw ice the amount of the underlying transaction
The greater of $307,922 or tw ice the amount of the underlying transaction
$1,075,000
$1,529,991
The greater of $55,000 or tw ice the amount of w hich a financial institution w as required to retain possession or control
The greater of $81,283 or tw ice the amount of w hich a financial institution w as required to retain possession or control
2021 Adjusted Maxim um CMP (per viola-
tion)
$91,816
The greater of $311,562 or tw ice the amount of the underlying transaction
$1,548,075
The greater of $82,244 or tw ice the amount of w hich a financial institution w as required to retain possession or control
In addition to updating these maximum CMPs, OFAC also issued a final rule on April 12, 2021, making a technical amendment to the definition of "applicable schedule amount" in the agency's regulations. The change requires that transac-
tions of $200,000 or more are subject to the applicable schedule amount of
$311,562.
State CMP Adjustments
State published the CMP adjustments in a final rule on February 2, 2021, which included the CMP adjustments for the Arms Export Control Act (AECA), the statute under which the International Traffic in Arms Regulations (ITAR) are enforced. State will apply the increased CMPs to all penalties assessed on or after the effective date of the final rule, February 2, 2021, regardless of when the underlying violations occurred. The penalties assessed by State for violations of specific sections within the AECA, as well as the 2019 and 2020 adjustments for reference, are as follows:
AECA Section
Original Maxim um CMP
2019 Adjusted Maxim um CMP (per violation)
22 USC 2778(e) (con-
trol of exports and im- $500,000
$1,163,217
ports)
The greater of
22 USC 2779a(c) (prohibition on incentive pay- $500,000 ments)
$845,764 or five times the amount of the prohibited pay-
ment
22 USC 2780(k)
(transactions w ith countries supporting acts of
$500,000
$1,006,699
international terrorism)
2020 Adjusted Maxim um CMP (per violation)
$1,183,736
The greater of $860,683 or five times the amount of the prohibited payment
$1,024,457
2021 Adjusted Maxim um CMP (per violation)
$1,197,728
The greater of $870,856 or five times the amount of the prohibited payment
$1,036,566
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Baker McKenzie
Commerce CMP Adjustments
Finally, Commerce also adjusted a number of CMPs in a final rule issued on January 11, 2021, which went into effect on January 15, 2021. CMPs for violations of the Export Control Reform Act of 2018, the statute under which the Export Administration Regulations (EAR) are enforced, was adjusted from $305,292 to $308,901 per violation or twice the value of the transaction. In the same final rule, Commerce adjusted CMPs for violations of the Collection of Foreign Trade Statistics Act of 2002 from $14,194 to $14,362.
Authors: Kerry Contini and Meghan Hamilton. The authors acknowledge the assistance of Ryan Orange in the preparation of this blog post.
BIS adds seven Chinese parties involved in supercomputing to the Entity List
On April 9, 2021, the Commerce Department's Bureau of Industry and Security (BIS) published a final rule ("Final Rule") in the Federal Register to add seven Chinese parties (together, the "Designees") to the Entity List. The Final Rule took effect on April 8, 2021. According to the Final Rule and the Commerce Department's press release, the Designees were added to the Entity List because they have procured US-origin items for use in building supercomputers that are used to support China's military actors and military activities (i.e., its military modernization efforts and/or its weapons of mass destruction programs).
For all of the Designees, BIS imposed a license requirement that applies to all items subject to the Export Administration Regulations (EAR). As a result, no supplier US or non-US, wherever located may export, reexport, or transfer (in-country) any commodity, software, or technology ("items") subject to the EAR to a Designee or where a Designee acts as a purchaser, intermediate consignee, ultimate consignee or end-user in the transaction ("a party to the transaction"), unless licensed by BIS. Furthermore, no license exceptions may be used for exports, reexports, or transfers (in-country) of items subject to the EAR to a Designee or where a Designee is a party to the transaction. BIS will review license applications involving these Designees with a presumption of denial.
This is the first time the Biden administration has added Chinese parties to the Entity List. These designations are a continuation of efforts by the Trump administration to use of the Entity List against Chinese parties for their contribution to China's supercomputing development. On June 24, 2019, BIS added five Chinese parties to the Entity List. Two of these five Chinese parties were added because of their involvement in the development of China's exascale high performance computing that is allegedly used for military end-uses. We summarized that development in our prior blog post here. In response to the addition of the Designees to the Entity List, the spokesperson of the PRC Ministry of Foreign Affairs stated in his April 9, 2021 regular press conference that China will take necessary countermeasures to safeguard Chinese companies' legitimate rights and interests, but did not specify what "necessary countermeasures" may be implemented.
Authors: Paul Amberg, Alexandre (Alex) Lamy and Yu (Iris) Zhang
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Recent designation of Russian Federal Security Service under Executive Order 13382 creates disclosure issues for certain issuers in the United States
Under the Russian encryption regulations, notification to, or registration with, the Russian Federal Security Service (the FSB) is required in order to import and distribute foreign products (hardware and software) with encryption functions or features in the Russian Federation. Although the FSB is a sanctioned party, listed on the Office of Foreign Assets Control (OFAC) list of specially designated nationals and blocked persons (the "OFAC SDN List") pursuant to the Cyber-Related Sanctions Regulations, 31 C.F.R. Part 578, US Persons (i.e., entities organized under US laws and their non-US branches; parties physically located in the United States; US citizens and permanent resident aliens wherever located or employed) are authorized to interact with FSB for the purpose of qualifying their products for importation and distribution in the Russian Federation, under OFAC General License No. 1B.
By an order dated March 2, 2021, OFAC designated the FSB as a blocked party under the Weapons of Mass Destruction Sanctions Regulations, 31 C.F.R. Part 544 (NPWMD and Executive Order 13382). Concurrently, OFAC updated General License No. 1B, confirming that United States persons may continue to interact with the FSB for purposes of qualifying their products for importation and distribution in Russia. We summarized these sanctions in our recent blog post here. Nonetheless, the designation of the FSB under the NPWMD sanctions creates a further compliance issue for United States (and foreign companies) that: (i) are subject to SEC reporting requirements under section 13(a) of the Securities Exchange Act of 1934, 15 U.S. C. sec. 78m(a) ("issuers"); and (ii) need to obtain the approval of the FSB (through notification or registration) in order to supply and distribute their encryption products in Russia.
Section 219 of the Iran Threat Reduction Act of 2012 amended section 13(r) of the Securities Exchange Act to impose a disclosure requirement in filings to the US Securities and Exchange Commission by issuers, where those issuers, or any of their affiliates, "knowingly conduct any transaction or dealings with" persons and entities that are subject to certain OFAC economic sanctions. Importantly, section 219(a)(1)(D)(ii) of the Iran Threat Reduction Act applies that SEC disclosure requirement to transactions and dealings with "any person the property or interests in property are blocked pursuant to Executive Order No. 13382."
Thus, when an issuer or its affiliate files a notification with respect to its encryption products with the FSB, or registers its encryption products with the FSB, the issuer will be required to disclose those "dealings with" the FSB in its SEC filings. The fact that filing of such a notification or registration with the FSB is authorized under OFAC General License No. 1B does not exempt the transaction from the SEC disclosure requirement. Although section 219 of the Iran Threat Reduction Act does exempt transactions with certain sanctioned parties which are authorized under OFAC general or specific licenses, that exemption does not apply to transactions or dealings with a blocked party that has been designated under the NPWMD sanctions and Executive Order 13382.
Author: John F. McKenzie.
Treasury Department removes UAE from list of boycotting countries
On April 8, 2021, the Treasury Department published an updated List of Countries Requiring Cooperation With An International Boycott (the "Treasury List").
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Significantly, Treasury announced that it had removed the UAE from the Treasury List following the UAE's repeal of its law requiring participation with the Arab League Boycott of Israel and subsequent implementation of the new policy.
In connection with its establishment of full diplomatic ties with Israel last year under the UAE-Israel Abraham Accords, the UAE repealed its boycott law by issuing Federal Decree Law No. 4 of 2020, abolishing Federal Decree Law No. 15 of 1972 Concerning the Arab League Boycott of Israel. Our blog post regarding the Arab League boycott and UAE's repeal of the boycott law, which includes an overview of US antiboycott rules, can be found here.
The current Treasury List consists of the following countries: Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria and Yemen.
The removal of the UAE is the only change to the Treasury List, which Treasury typically issues quarterly. Treasury had previously announced in its last publication of the Treasury List on October 13, 2020, that it was "monitoring" the UAE's situation following its repeal of the boycott law.
As a result of the UAE's removal from the Treasury List, taxpayers are no longer required to report their operations in the UAE pursuant to Section 999 of the Internal Revenue Code. In addition, certain clauses in agreements with UAE entities would no longer be interpreted as agreements to participate in the boycott of Israel, such as an agreement to comply with UAE laws and regulations. As a result, it will no longer be necessary for a US taxpayer to report such a clause in its tax return, and Treasury will not penalize taxpayers for agreeing to such a clause. While this development limits the types of clauses originating from the UAE that would be considered by the Treasury Department to be boycott-related, it is important for companies to understand that boycott requests can originate from anywhere, even countries not on the Treasury List. Companies should continue to monitor contracts and other incoming documents from the UAE for potential requests to comply with the boycott. Treasury's removal of the UAE from the Treasury List does not impact the anti-boycott rules administered by the US Commerce Department through Part 760 of the Export Administration Regulations. Boycott requests that were prohibited and reportable to Commerce prior to Treasury's update of the Treasury List remain prohibited and reportable today. It is possible, though, that Commerce will update its regulations in the future to reflect the UAE's repeal of the boycott law.
Authors: Kerry B. Contini, Alexandre (Alex) Lamy, Callie Lefevre, Brandon King and Borys Dackiw.
Commerce extends military-intelligence end-use and end user controls to Burma
On April 9, 2021, the Commerce Department's Bureau of Industry and Security (BIS) strengthened restrictions targeting Burma by adding Burma to the list of countries subject to the Export Administration Regulations' (EAR's) military-intelligence end-use and end-user controls and controls on certain support activities by US persons ("Interim Final Rule"). These controls were first issued on January 15, 2021 ("January Rule"), and became effective March 16, 2021. Our blog posts on other recent sanctions targeting Burma in response to the Burmese military's coup are available here and here.
January Rule
By way of background, the January Rule imposed (i) new end-use and end-user controls, as well as (ii) new controls on certain support activities by US persons, with respect to military-intelligence end-uses and end-users in China, Russia,
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Venezuela, or a country in Country Groups E:1 and E:2 (currently Cuba, Iran, North Korea, and Syria) (together, "Military-Intelligence Jurisdictions").
Pursuant to the January Rule, US persons must receive authorization from BIS to
export, reexport, or transfer any items subject to the EAR w hen the items are intended for military-intelligence end-uses or end-users in Military-Intelligence Jurisdictions.
Further, the January Rule expanded controls on US persons' activities such that
a BIS license is required to ship, transmit, or transfer any items (even foreignorigin items not otherw ise subject to the EAR) for military-intelligence end-uses and end-users in Military Intelligence Jurisdictions; to facilitate any shipment, transmission, or transfer; or to perform any contract, service, or employment in support of such military-intelligence end-uses and end-users in Military-Intelligence Jurisdictions.
Our previous blog post on the January Rule is available here.
The military-intelligence end-use and end-user controls now apply to Burma
The Interim Final Rule amends EAR 744.22 to apply military-intelligence enduse and end-user controls to Burma. As a result, a BIS license is now required for the export/reexport to or transfer within Burma of any items subject to the EAR if the exporter, reexporter, or transferor has knowledge, or is informed by BIS, that the item is destined for a military-intelligence end-use or end-user in Burma.
The Interim Final Rule identified the following Burmese military entities as military-intelligence end-users:
Office of Chief of Military Security Affairs, a branch of the Burmese armed forces
tasked w ith monitoring and interrogating Burmese protesters, and
Directorate of Signal, a branch of the Burmese Army responsible for the military
telecommunications netw ork.
US persons are now prohibited from supporting military-intelligence enduses and end-users in Burma
The Interim Final Rule also adds Burma to the list of countries at EAR 736.2(b)(7)(i)(A)(5) in which US persons are prohibited from supporting military intelligence end-uses and end-users. Following Burma's addition to this list, US persons must receive authorization from BIS to ship, transmit, transfer items for military-intelligence end-uses and end-users in Burma; to facilitate any such shipment, transmission, or transfer; or to perform any contract, service, or employment in support of such military-intelligence end-uses and end-users in Burma. As noted above, this restriction applies to all items, even those not subject to the EAR, and thus can apply to foreign-origin items that may not be subject to US export controls in other contexts.
Authors: Kerry B. Contini, Eunkyung Kim Shin and Ryan Poitras.
Commerce solicits public comments on licensing procedures for Information and Communications Technology and Services Supply Chain transactions
On March 29, 2021, the Commerce Department published an advance notice of proposed rulemaking (ANPRM) seeking public comment on potential licensing or other pre-clearance processes for transactions under the regulations that took effect on March 22, 2021 to implement Executive Order 13873, "Securing the Information and Communications Technology and Services Supply Chain". Executive
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Order 13873 authorizes the Commerce Department to block or impose conditions on transactions involving information and communications technology and services (ICTS) originating in countries designated as "foreign adversaries," to address threats to US national security. Our blog post on the Executive Order 13873 regulations is available here.
The Biden Administration's decision not to delay the implementation of the Executive Order 13873 regulations, the Commerce Department's recent announcement that it had issued subpoenas to Chinese ICTS providers under Executive Order 13873 (see here), and publication of this ANPRM show that these supply chain issues are a policy concern that will continue from the Trump Administration. In that regard, the Biden Administration has taken other steps to consider how US supply chains should be strengthened, as discussed in posts on the Baker McKenzie Global Supply Chain Compliance blog here and here.
The ANPRM indicates that the Commerce Department does not expect to have a license process for ICTS transactions in place by May 19, 2021 (which was the anticipated and announced date when the Executive Order 13873 regulations were published in January) and that additional public input is needed on several aspects of a potential ICTS voluntary licensing or pre-clearance process. The ANPRM does not indicate when the Commerce Department expects further regulations to be published. The Commerce Department is accepting comments to the ANPRM by email and via the Federal eRulemaking Portal until April 28, 2021. US companies that procure ICTS equipment identified in the Executive Oder 13873 regulations from identified "foreign adversaries" such as China or Russia should consider submitting comments.
In order to assist the Commerce Department in this process, the ANPRM seeks public comment on:
Whether licensing processes and notifications to the Committee on Foreign In-
vestment in the United States (CFIUS) and to the Bureau of Industry and Security (BIS) present useful models for an ICTS transaction licensing or pre-clearance process;
The best form for the ICTS transaction licensing or pre-clearance process (e.g., a
regime requiring prior authorization to engage in ICTS transactions, or a regime allow ing parties to seek confirmation that a potential ICTS transaction w ould not be prohibited);
Whether special considerations should be provided to small entities in the licens-
ing or pre-clearance process;
Whether certain types of ICTS transactions should not be eligible for licensing or
pre-clearance, or should be prioritized for licensing or pre-clearance;
Whether the licensing or pre-clearance process should apply to multiple ICTS
transactions by the same entity;
The types of information that should be required as part of the licensing or pre-
clearance process;
Whether industry w ould prefer a shorter review timeframe that could res ult in
few er licenses or pre-clearances being granted, versus a longer review timeframe that could result in a greater number of licenses or pre-clearances being issued;
How the potential for mitigation of an ICTS transaction should be assessed dur-
ing the licensing or pre-clearance process;
Processes to avoid invalidation of a granted license or pre-clearance w hen the
subject ICTS transaction is modified; and
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Whether holders of an ICTS transaction license or pre-clearance should have the
opportunity to renew the license or pre-clearance rather than reapplying, and if so, how the renew al process should be structured.
If you wish to submit a comment on the ANPRM or have any questions, please contact any member of our Outbound Trade Compliance team.
Authors: Janet K. Kim, Alexandre (Alex) Lamy and Ryan Poitras
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS):
F.R. Date
Applicable orders
04-07-21 04-09-21 04-12-21 04-13-21 04-15-21 04-16-21 04-19-21 04-20-21
04-26-21
04-30-21
STATE: Notice of Department of State Sanctions Actions [Public Notice: 11396] (N) [CAATSA] OFAC: Notice of OFAC Sanctions Actions (N) BIS: Addition of Entities to the Entity List [Docket No. 210406-0076] (FR) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N)
STATE: Designation of Five Russian Entities and tw o Russian Individuals Pursuant to Executive Order 13382 [Public Notice: 11393] (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Action (N) STATE: Notice of Department of State Sanctions Actions Reimposing Certain Sanctions w ith Respect to Iran [Public Notice: 11413] (N) OFAC: Notice of OFAC Sanctions Actions (N)
OTHER IMPORT-EXPORT COVERAGE
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY ; STATE=DEPARTMENT OF STATE.
[Note: Only meetings which occur after scheduled distribution of this Update are listed.]
F.R. Date
Subject
04-05-21 04-08-21
04-09-21
FINCEN: Beneficial Ow nership Information Reporting Requirements (ANPR) OFAC: Agency Information Collection Activities; Proposed Collection; Comment Request for Reporting, Procedures and Penalties Regulations [Docket No.: OFAC-2021-0001] (N)
BIS: Expansion of Certain End-Use and End-User Controls and Controls on Specific Activities of U.S. Persons; Corrections; and Burma Sanctions [Docket No. 210405-0075] (IFR)
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F.R. Date
Subject
04-12-21
04-14-21 04-15-21 04-16-21 04-19-21 04-23-21
04-26-21
04-28-21 04-30-21
TREASURY /FINCEN [Docket No. FINCEN-2021-0004]; TREAS/COMP. OF THE CURRENCY [Docket No. OCC-2020-0047]; FED. RESERVE [Docket No. OP-1744]; FDIC; NCUA [Docket No. NCUA-2021-0007] : Request for Information and Comment: Extent to Which Model Risk Management Principles Support Compliance w ith Bank Secrecy Act/Anti-Money Laundering and Office of Foreign Assets Control Requirements (N/RFI, RFC) OFAC: Adjustment of Applicable Schedule Amount [31 CFR Part 501] (FR)
STATE: Notice of Updated Department of State Public Guidance for the Protecting Europe's Energy Security Act (PEESA), as Amended [Public Notice 11405] (N) STATE: Defense Trade Advisory Group; Notice of Open Meeting [Public Notice: 11409] (N/H) [May 20, 2021]
STATE: Determination and Waiver of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (Div. K, Pub L. 116-260) Relating to Assistance for the Independent States of the Former Soviet Union [Public Notice: 11410] (N) STATE: Notice of Additions to the CAATSA Guidance [Public Notice: 11392] (N)
ITA: Announcement of Winter 2021 Approved International Trade Administration Trade Missions (N) BIS: Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request: Request for Appointment of a Technical Advisory Committee [OMB Control No.: 0694-0100] (N)
BIS: Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Request for Investigation under Section 232 of the Trade Expansion Act [OMB Control No: 0694-0120]
ITA: Subsidy Programs Provided by Countries Exporting Softw ood Lumber and Softw ood Lumber Products to the United States; Request for Comment (RFC)
OFAC: Somalia Sanctions Regulations (31 CFR Part 551) (FR) BIS: Materials and Equipment Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [May 13, 2021]
BIS: Transportation and Related Equipment Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [May 12, 2021] BIS: Technical Advisory Committees; Notice of Recruitment of Members (N)
STATE: Bureau of Oceans and International Environmental and Scientific Affairs; Annual Certification of Shrimp-Harvesting Nations [Public Notice: 11419] (N)
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month:
F.R. Date
Subject
04-02-21 04-09-21 04-30-21
CPSC: Safety Standard for High Chairs [Docket No. CPSC-2015-0031] (FR) CPSC: Standard for the Flammability of Upholstered Furniture [Docket No. CPSC-2021-0007] (Direct FR) The rule is effective on June 25, 2021, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date, unless CPSC receives a timely significant adverse comment .
CPSC: Standard for the Flammability of Upholstered Furniture [Docket No. CPSC-2021-0007] (PR) CPSC: Testing and Labeling Pertaining to Product Certification; Requirements Pertaining to Third Party Conformity Assessment Bodies [Docket No. CPSC2021-0013] (FR)
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TTB announcements and Federal Register documents
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has posted the following information or regulatory actions of interest to international traders :
Date
Subject
04-30-21
Civil Monetary Penalty Inflation Adjustment--Alcoholic Beverage Labeling Act [Docket No. TTB20210002; Notice No. 201] (N)
HHS, CDC and FDA Federal Register documents
The Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) and the US Food and Drug Administration (FDA) have posted the following Federal Register guides, notices or documents which may be of interest to international traders:
F.R. Date
Subject
04-01-21
FDA: Electronic Import Entries; Technical Amendments [Docket No. FDA-2016N-1487] (FR) FDA: Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Including Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs; Corrections [Docket No. FDA-2005-N0464] (FR/C)
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]:
F.R. Date
Subject
04-02-21 04-05-21
04-16-21
04-20-21 04-21-21 04-22-21
USDA: Adjustment to Fiscal Year 2021 Specialty Sugar Tariff -Rate Quota Tranche Opening Date (N)
APHIS: Importation of Dianthus spp. From Kenya [Docket No. APHIS-20180068] (N) AMS: Termination of U.S. Consumer Standards [Doc. No. AMS-SC-19-0103, SC-20-326] (FN)
APHIS: Importation of Fresh Avocado Fruit from Continental Ecuador into the Continental United States; Reopening of Comment Period [Docket No. APHIS2016-0099] (PR/RO) US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Pesticide Residues (N/H)
AMS: United States Standards for Wheat [AMS-FGIS-21-0017] (N/RFI) AMS: 2021/2022 Rates Charged for AMS Services [Document No. AMS-AMS21-0037] (N)
AMS: Supply Chains for the Production of Agricultural Commodities and Food Products [Document Number AMS-TM-21-0034] (N/RFC) AMS: United States Standards for Beans-Chickpeas [Doc. No. AMS-FGIS-210009] (N/RFC)
Additional Federal Register documents
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
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F.R. Date
Subject
04-01-21 04-02-21 04-05-21
04-07-21
04-09-21 04-12-21 04-13-21
04-16-21
04-19-21
04-22-21 04-23-21 04-26-21 04-27-21
EPA: Extension of 2019 and 2020 Renew able Fuel Standard Compliance and Attest Engagement Reporting Deadlines [EPA-HQ-OAR-2020-0725; FRL10021-95-OAR] (FR)
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA): Hazardous Materials: Notice of Public Meetings in 2021 for International Standards on the Transport of Dangerous Goods [Docket No. PHMSA-2019-0224; Notice No. 2021-02] (N/H)
EPA: Pyriofenone; Pesticide Tolerances [EPA-HQ-OPP-2020-0335; FRL10019-55] (FR) EPA: Penthiopyrad; Pesticide Tolerance [EPA-HQ-OPP-2019-0531; FRL10017-27] (FR)
EPA: Spinetoram; Pesticide Tolerances [EPA-HQ-OPP-2019-0526; FRL10020-24] (FR) EPA: Spinosad; Pesticide Tolerances [EPA-HQ-OPP-2019-0525; FRL-1002023] (FR)
EPA: 2,2-Dimethyl-1,3-dioxolane-4- methanol; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2017-0103; FRL-10015-73] (FR) ENERGY: Energy Conservation Program: Energy Conservation Standards for Consumer Products; Early Assessment Review ; Boilers [EERE2019BT STD0036] (Extension)
ENERGY: Energy Conservation Program for Appliance Standards: Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment [EERE-2021-BT-STD-0003] (PR/RFC) DoD: Notice of Request for Comments on Executive Order "America's Supply Chains" [Docket ID: DoD-2021-OS-0022] (N/RFC)
EPA: MCPA; Pesticide Tolerances [EPA-HQ-OPP-2019-0639; FRL-10020-79] (FR) ENERGY: Energy Conservation Program: Test Procedure for Commercial & Industrial Pumps [EERE2020BTTP-0032] (RFI)
ENERGY: Energy Conservation Program: Test Procedure for Direct Heating Equipment [EERE-2019- BT-TP-0003] (PR/RFC) ENERGY: Energy Conservation Program: Test Procedure for Portable Air Conditioners [EERE2020BTTP0029] (RFI)
DEA: Schedules of Controlled Substances: Removal of Samidorphan from Control [Docket No. DEA-665] (FR) ENERGY: Energy Conservation Program: Energy Conservation Standards for Consumer Clothes Dryers, Webinar and Availability of the Preliminary Technical Support Document [EERE-2014-BT-STD-0058] (N)
EPA: Metaflumizone; Pesticide Tolerances [EPA-HQ-OPP-2019-0385; FRL10018-60] (FR) POSTAL SERVICE: Treatment of E-Cigarettes in the Mail (39 CFR Part 113) Guidance
ENERGY: Notice of Request for Information (RFI) on Ensuring the Continued Security of the United States Critical Electric Infrastructure (N/RFI) DEA: Exempt Chemical Preparations under the Controlled Substances Act [Docket No. DEA-372] (Order/RFC)
EXPORT-IMPORT BANK: Information Request on U.S. and Foreign Content in Transformational Exports (N) EPA: Flupyradifurone; Pesticide Tolerances for Emergency Exemptions [EPAHQ-OPP-2020-0478; FRL-10020-49] (FR)
DEA: Schedules of Controlled Substances: Placement of 10 Specific FentanylRelated Substances in Schedule I [Docket No. DEA-476] (FR)
ANTIDUMPING AND SUBSIDIES
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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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 06-04-21 07-04-21 10-04-21
14-04-21
16-04-21 19-04-21 21-04-21 23-04-21 26-04-21 27-04-21 28-04-21
Subject
FOREIGN AFFAIRS, ETC: UNSC amendments to Al-Qaeda (Daesh) lists. [No. 19836/21] (N)
Decree 234/2021 DECNU-2021-234-APN- PTE - Provisions (06-04-21) Investment Promotion Regime for Exports CABINET OF MINISTERS: Administrative Decision 342/2021 (09-04-21) DECAD2021-342-APN-JGM - Extension. Border Closure
FED. PUBLIC REVENUE (AFIP)/ DIR. GEN. OF CUSTOMS (DGA): General Resolution 4961/2021 (12-04-21) RESOG-2021-4961- E-A FIP-AFIP - Import. Criteria values of a preventive nature. General Resolution No. 2.730 and its amendment. Complementary standard.
AFIP/DGA: General Resolution 4962/2021 (12-04-21) RESOG-2021-4962- EAFIP-AFIP - Mercosur Common Nomenclature (NCM). Tariff classification of goods in that nomenclature, in accordance w ith the procedure laid by General Resolution No. 1.618. Classification Criteria Nros. 43/21 to 48/21. AFIP/DGA: General Resolution 4963/2021 (12-04-21) RESOG-2021-4963- EAFIP-AFIP - Import. Criteria values of a preventive nature. General Resolution No. 2.730 and its amendment. Complementary standard. Artificial teeth
AFIP/DGA: General Resolution 4964/2021 (12-04-21) RESOG-2021-4964- EAFIP-AFIP - Import. Criteria values of a preventive nature. General Resolution No. 2.730 and its amendment. Complementary standard. earphones. AFIP/DGA: General Resolution 4965/2021 (12-04-21) RESOG-2021-4965- EAFIP-AFIP - Import. Criteria values of a preventive nature. General Resolution No. 2.730 and its amendment. Complementary standard. Polyester discontinuous fiber fabrics.
AFIP: General Resolution 4966/2021 (15-04-21) RESOG-2021-4966- E-AFIPAFIP - Customs Electronic Communication and Notification System (SICNEA). General Resolution No. 3.474, its amendments and its complementary ones. Modif ic ation.
Decree 243/2021 (18-04-21) DCTO-2021-243-A PN- PTE - Incorporate inputs. Mercosur Common Nomenclature AFIP/DGA: General Resolution 4969/2021 (19-04-21) RESOG-2021-4969- EAFIP-AFIP - Export. Preventive referencing values. General Resolution No. 4.710. Complementary standard. garlic.
AFIP/DGA: General Resolution 4972/2021 (21-04-21) RESOG-2021-4972- EAFIP-AFIP - Mercosur Common Nomenclature. Tariff classification of goods in that nomenclature, in accordance w ith the procedure laid by General Resolution No. 1.618. Classification Criteria Nros. 49/21 to 54/21. AFIP/DGA: General Resolution 4974/2021 (22-04-21) RESOG-2021-4974- EAFIP-AFIP - Export. Preventive referencing values. General Resolution No. 4.710. Complementary standard. Apples and pears.
PRODUCTIVE DEVELOPMENT: Resolution 143/2021 (26-04-21) RESOL-2021-143APN-SIECYGCE- MDP Verified country of origin for sunglasses and frames is Taiw an AFIP: General Resolution 4977/2021 (26-04-21) RESOG-2021-4977- E-AFIPAFIP - Export. Procedure for final export destinations for consumption associated w ith Affidavits of Foreign Sales (DJVE)
AFIP: General Resolution 4978/2021 (26-04-21) RESOG-2021-4978- E-AFIPAFIP - "AFIP Code". Registration of Import Private Transits. General
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BO Date 30-04-21
Subject
Resolutions No. 285 and its amendment and No. 2,889, its amendments and complementary. Your modifications. Decree 286/2021 (29-04-21) DCTO-2021-286-A PN- PTE - Decree No. 317/2020. modification. Mercosur Common Nomenclature AFIP: General Resolution 4981/2021 (28-04-21) RESOG-2021-4981- E-AFIPAFIP - Suspension of the deadlines for temporary admission and departure from the customs territory of tourist and rental vehicles by virtue of the closure of borders. Its implementation.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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
04-06-21 07-04-21
12-04-21
19-04-21 27-04-21
SECEX Portaria 87 (31-03-21) provides for a special procedure for the verification of non-preferential origin for the purposes of the application of article 33 of Law No. 12,546 of December 14, 2011. SECEX Portaria 88 (06-04-21) establishes criteria for allocation of quota for import, determined by the Resolution of the Executive Management Committee of the Chamber of Foreign Trade No. 184, of March 30, 2021. SECEX Portaria 89 (09-04-21) Amends SECEX Ordinance No. 23 of July 14, 2011 SECEX Circular 24 (09-04-21) It rejected the request for reconsideration brought by the Brazilian Association of Industries of Nonw ovens and Technical Fabrics (ABINT), in the face of Circular Secex No. 63, 2020, w hich closed, w ithout judgment of the merits, the investigation into the existence of serious damage caused to the domestic industry resulting from the preferential increase of imports of nonw ovens for application in personal hygiene products (NCM 5603.11.30 , 603.12.30, 5603.91.20, and 5603.92.20), originating in Israel. It forw ards the abint's claim, in the form of an administrative appeal, to the higher authority. SECEX Circular 24 (09-04-21) rejected the request for reconsideration brought by the Brazilian Association of Industries of Nonw ovens and Technical Fabrics (ABINT) and forw ards the ABINTS claim, in the form of an administrative appeal, to the higher authority. SECEX Portaria 90 (09-04-21) Authorizes the extension of the application of the Exception Mechanism to the Rule of Origin in case of shortage of supplies in Argentina, Brazil and Colombia. SECEX Portaria 91 (26-04-21) Authorizes the Federal Data Processing Service to provide access to the data and information it specifies to third parties.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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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
19-04-21 27-04-21 28-04-21
29-04-21
HACIENDA: Exempt Decree No. 126 of 2021.- Applies customs duty rebates for the importation of w heat and w heat or morcajo flour (Tranquilln)
HACIENDA/NCS: Extract of exempt Resolution number 798, 2021.- Sets new period of validity to provisions of resolution No. 2,445, 2020 HACIENDA: Decree No. 2.339 of 2020.- Approves Special Regulations on Qualifications of Officials of the National Customs Service
HACIENDA: Exempt Decree No. 131 of 2021.- Applies customs duty rebates for the importation of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and substandards
COLOMBIA
MinCIT, MinHacienda and DIAN Documents
The following documents of interest to international traders were posted by the Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN):
Date
Subject
09-04-21 12-04-21 13-04-21
16-04-21
23-04-21 26-04-21
MINCIT: Decree 360 of April 7, 2021, "amending Decree 1165 of 2019 on the Customs Regime and issuing other provisions" Decree issued by the Ministry of
Finance and Public Credit, jointly signed by the President of the Republic, Ivan
Duque Marquez; Minister of Finance and Public Credit, Alberto Carrasquilla; and
the Minister of Trade, Industry and Tourism, Jos Manuel Restrepo Abondano.. MINCIT: Decree 373 of 9 April 2021, "partially amending the Customs Tariff to establish a unfolding of subheading 3002.20.90.00".
DIAN: Circular 004101 of 2021 - Ad-Valrem levies applicable to reference agri-
cultural products, their substitutes, agro-industrial products or by-products.
DIAN: Circular 000003 of 2021 - Receiving electronic invoices from DIAN suppliers/contractors through the SIIF Integrated Financial Reporting System MINCIT: Decree 402 of April 16, 2021, "establishing provisions relating to the
prohibition on the import and export of developing asbestos under Law 1968 of 2019" MINCIT: Decree 414 of 16 April 2021, "partially amending the customs tariff for the importation of clothing". MINCIT: Decree 419 of April 22, 2021, "fulfilling Colombia's commitments under
Annex A - Part I of the Minamata Convention on Mercury and adopting other provisions"
MINCIT: Decree 423 of 23 April 2021, "partially amending the Customs Tariff to
establish a 0% deferral of the tariff to imports of tariff subheadings
2804.40.00.00 oxygen and 9019.20.00.10 oxygen concentrators".
PERU
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) (dd-mm-yy):
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Date
Subject
02-04-21
07-04-21 10-04-21 13-04-21 19-04-21 28-04-21
NATIONAL INSTITUTE FOR THE DEFENSE OF COMPETITION AND INTELLECTUAL PROPERTY PROTECTION (INDECOPI): Resolution NO. 057-2021/CDB-INDECOPI They have been required to abolish from 3 April 2021 the application of ADD imposed by the Res. No. 038-2011/CFD- INDECOPI and extended by the Res. No. 202-2017/CDB-INDECOPI on imports of discontinuous polyester fibre fabrics mixed exclusively or mainly w ith discontinuous viscous rayon fibres originating in the Republic of India. CONGRESS: Law No. 31154 Law amending Article 3 of Legislative Decree 1304 Legislative Decree approving the Law on the Labelling and Verification of Technical Regulations of Industrial Products Manufactured to Record Country of Origin in Information on the Labelling of Packaged or Primary Processed FoodStuf f s
SUNAT: Resolution No. 000048-2021/SUNA T They amend the Payment Proofs Regulations designate electronic issuers of the Electronic Issuance System and establish the date on w hich the provisions of the First Final Complementary Provision of Supreme Decree No. 100-2020-PCM are complied w ith
SUNAT: Resolution No. 000050-2021/SUNA T Approve the specific procedure Tariff classification of goods DESPA-PE.00.09 (version 5) SUNAT: Resolution No. 000053-2021/SUNA T Modify the specific procedure Physical recognition - extraction and analysis of SAMPLEs DESPA -PE.00.03 (version 3)
FOREIGN TRADE AND TOURISM (MINCETUR): Ministerial Resolution No. 059 2021-MINCETUR Approve the incorporation of required information as fourteen (14) DIGEMID services of the Ministry of Health for processing through the Restricted Goods Component of the Single Window of Foreign Trade
ASIA-PACIFIC
[Please note that material pertaining to the Eurasian Economic Union (EAEU) and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the Kyrgyz Republic is shown under EUROPE.]
AUSTRALIA
ABF notices and advices
The following Australian Border Force (ABF Australian Customs Notices (CN) and Cargo advices (ACCA) were issued during the period covered by this Update (dd-mm-yy):
Date 07-04-21
Series and CN 2021/17
Title
Customs Amendment (Product Specific Rule Modernisation) Act 2021
Australian Gazettes and Legislation
The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC), Federal Register of Legislation or other Gazettes as noted(dd-mm-yy):
Date
Matter
31-03-21
Acts of Parliament assented to: No. 28 of 2021--An Act to impose charge on registered introducers of indus-
trial chemicals, so far as that charge is a duty of customs, and for related purposes. (Industrial Chemicals Environmental Management (Register) Charge (Customs) Act 2021)
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Date
09-04-21 13-04-21 14-04-21 15-04-21
19-04-21
20-04-21 21-04-21 28-04-21
Matter
No. 29 of 2021--An Act to impose charge on registered introducers of industrial chemicals, so far as that charge is a duty of excise, and for related purposes. (Industrial Chemicals Environmental Management (Register) Charge (Excise) Act 2021)
Tariff Concessions Gazette No. 21/11 Commencement date: Customs Amendment (Product Specific Rule Modernisation) Act 2021
Act of Parliament assented to: No. 33, 2021 An Act to amend the Biosecurity Act 2015, and for related
purposes [Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Act 2021]. Australia New Zealand Food Standards Code Standard 1.2.4 Information requirements statement of ingredients
Tariff Concessions Gazette TC 21/12 Customs (Prohibited Imports) Regulations 1956
Customs (Prohibited Exports) Regulations 1958 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus w ith Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020
Customs Regulation 2015 Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014 Australia New Zealand Food Standards Code Schedule 15 Substances that may be used as food additives Australia New Zealand Food Standards Code Schedule 17 Vitamins and minerals Australia New Zealand Food Standards Code Schedule 2 Units of measurement Primary Industries (Customs) Charges Regulations 2000 Australia New Zealand Food Standards Code Schedule 8 Food additive names and code numbers (for statement of ingredients) Australia New Zealand Food Standards Code Schedule 3 Identity and purity Australia New Zealand Food Standards Code Standard 2.9.1 Infant formula products Australia New Zealand Food Standards Code Standard 1.3.2 Vitamins and minerals Australia New Zealand Food Standards Code Schedule 29 Special purpose f oods
Tariff Concessions Gazette TC 21/13 Tariff Concessions Gazette TC 12/14
Australian Tariff Precedents
The Department of Immigration and Border Protection (DIBP) has published a List of Current Precedents, updated through 22 May 2020. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues. New information and tariff classification guides can be found on Tariff Public Advice Products webpage
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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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) and Customs Tariff Commission (CTC) notices were posted during the period covered by this Update (mm-dd-yy):
Date 03-31-21 04-06-21 04-07-21
04-12-21
04-13-21 04-19-21
04-20-21 04-25-21 04-28-21
Series and GAC 28 GAC 29 CTC 15
GAC Order No. 248
GAC Order No. 249 GAC 30 GAC 31 GAC 32
Fiscal Tariffs 23
MOFCOM 10
Subject
Announcement on Imported Albanian Honey Inspection and Quarantine Requirements
Announcement on preventing the introduction of footand-mouth disease into Mauritius Notice on support for the import tax policy for aviation equipment for civil aviation maintenance from 2021 to 2030 (03-31-21) Decree on the issuance of the "Regulations on the Registration and Administration of Overseas Production Enterprises of Imported Food of the People's Republic of China" Decree on the issuance of the "Measures for the Administration of Import and Export Food Safety of the People's Republic of China" Announcement on the publication of the 2020 International Health Regulations (2005)) on the compliance of the core capacity of public health at ports
Announcement on imported Lao fresh beans inspection and quarantine requirements04-19-21 Announcement on preventing the introduction of the new La Paz, Bolivia city epidemic into our country
Notice of the General Administration of Taxation of the General Administration of Customs of the Ministry of Finance on the policy of supporting the import tax of scientific and technological innovation during the 14th Five-Year Plan period Solidly promote the national import trade to promote innovation demonstration area cultivation w ork
Ministry of Commerce Announces No. 10 of 2021 "Guidelines of the Ministry of Commerce on the Establishment of Internal Compliance Mechanisms for Export Controls for Export Operators of Dual-Use Items"
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy)
Date
Matter
01-04-21 07-04-21
The Mainland of China : Shenzhen Customs District's "Tw enty-eight Measures and Policy Interpretation for Enhancing Cross-border Trade Facilitation in 2021"
208/2021 The Mainland of China : "Certain Measures of Guangzhou Municipality Related
to Grasping the RCEP Opportunities and Promoting the Innovative Development of Cross Border E-commerce" The Mainland of China : "List of Items Related to 'No Penalty for the First Violation' in Tax Administrative Penalties" 217/2021
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Date
Matter
08-04-21
09-04-21 13-04-21
15-04-21
20-04-21 21-04-21 26-04-21 27-04-21 28-04-21 30-04-21
The Mainland of China : "Notice of the Guangzhou and the Huangpu Customs Districts on 'Single Window Government Services' for Business and Registration of Consignee and Consignor of Imported and Exported Commodities" 222/2021
The Mainland of China : Notice Concerning Import Tax Policies for Aviation Equipment in Support of Civil Aviation Maintenance in 2021-2030 225/2021 The Mainland of China : Administrative Measures on Import Tax Policies for Aviation Equipment in Support of Civil Aviation Maintenance in 2021-2030 226/2021
The Mainland of China : Notice Concerning Import Tax Policies for Anti-HIV Drugs in 2021-2030 227/2021 The Mainland of China : "Action Plan of Guangzhou Municipality Related to Promoting the Implementation of Trade Liberalization and Customs Clearance Facilitation in the Guangdong-Hong Kong-Macao Greater Bay Area" 236/2021 The Mainland of China : "Classification Rules and Classification Catalogues Related to Cosmetics" 243/2021 The Mainland of China : "Main Inspection Points for Medical Device Registrants and Filing Persons in Carrying Out Monitoring Work of Adverse Events " 244/2021
The Mainland of China : Administrative Measures Related to Import Tax Policies for Supporting the Development of New Display Industry in 2021-2030 252/2021 The Mainland of China : "Regulations of the People's Republic of China on Registration and Administration of Overseas Production Enterprises f or Imported Food" 254/2021 The Mainland of China : "Administrative Measures of the People's Republic of China on Import and Export Food Safety" 255/2021 The Mainland of China : Notice of the National Medical Products Administration Concerning National Sampling Inspection Plan on Medical Devices in 2021 256/2021 The Mainland of China : "Preferential Corporate Income Tax Catalogue for Tourism Industry, Modern Service Industry and High-tech Industries in the Hainan Free Trade Port" 257/2021
The Mainland of China : Notice of the Shenzhen Customs Concerning Comprehensively Promoting the Supervision Mode for Proces sing Trade of Enterprise Groups, and Exploring the Implementation of Bonded Pilots for the Whole Industry Chain of High-end Manufacturing Industry 265/2021 The Mainland of China : Notice Concerning Import Tax Policies Related to Supporting Scientific and Technological Innovation During the 14th Five-year Plan Period 269/2021
The Mainland of China : Decision on Abolishing 3 Regulations Including the "Provisions Related to Exemption of Import Tax on Articles Used for Scientific Research and Teaching" 280/2021 The Mainland of China : "Notice Concerning Matters Relating to Declaration and Regulations on Filling in the Origin Column of the Declaration Form for Imported and Exported Commodities under Preferential Trade Agreements" 285/2021
The Mainland of China : Administrative Measures on Import Tax Policies Related to Supporting Science Popularization During the 14th Five-year Plan Period 288/2021 The Mainland of China : Notice Concerning Certain Measures Promoting Trade Liberalization and Facilitation in the Hainan Free Trade Port 294/2021
The Mainland of China : Notice Concerning Tariff Adjustments on Certain Steel Products The Mainland of China : "Guiding Opinions of the Ministry of Commerce on Establishing Internal Compliance Mechanisms for Export Control by Export Operators of Dual-use Items" 300/2021
INDIA
Material in this section and the India Antidumping Countervailing Duty and Safeguards Investigations section was prepared by Sonia Gupta of Ashok Dhingra Associates, Attorneys at Law, Gurgaon (Haryana), India
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Other CBIC and DGFT notifications, circulars and instructions
Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instructions during the period covered by this Update:
Date
Series and
Subject
08-04-21 20-04-21 24-04-21 30-04-21 05-04-21 15-04-21 30-04-21
19-04-21 24-04-21 27-04-21
11-04-21
26-04-21
CBIC TARIFF NOTIFICATIONS
26/2021-Cus 27/2021Cus
28/2021Cus 29/2021-Cus
Amends various notifications to make changes consequential to enactment of the Finance Act, 2021
Exempts Customs Duty on import of Remdesivir Injection, Remdesivir Active Pharmaceutical Ingredients, Beta Cyclodextrin (SBEBCD) used in manufacture of Remdesivir upto 31 October, 2021 Exempts Customs Duty and Health Cess on import of Oxygen, Oxygen related equipment and COVID-19 Vaccines up to 31 July, 2021
Exempts Customs Duty on import of Inflammatory Diagnostic (marker) Kits upto 31 October, 2021 CBIC NON-TARIFF NOTIFICATIONS
41/2021-Cus (NT)
Notifies the Customs (Verification of Identity and Compliance) Regulations, 2021
42/2021-Cus (NT) 44/2021-Cus (NT) 45/2021-Cus (NT)
Notifies Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver Amends the Sea Cargo Manifest and Transhipment Regulations 2018
Notifies Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver
CBIC INSTRUCTIONS
06/2021-Cus
Directions to Customs Officers to report all important and sensitive cases to the Chairman, Central Board of Indirect Taxes and Customs and Zonal Member/ Member (Investigation) immediately by sending preliminary report w ithout w aiting for conclusion of search, seizure or arrest proceedings
07/2021-Cus 08/2021-Cus
Instructions to expedite Customs clearance of import consignments relating to COVID-19 pandemic
Instructions to expedite Customs Clearances of Covid related imports by Indian Red Cross Society
DGFT NOTIFICATIONS
01/2015-2020
Export Policy of Remdesivir Injections and Remdesivir Active Pharmaceutical Ingredients (API) falling under Indian Tariff Classification (Harmonised System) Codes [ITC-HS] 2924 99 and 3004 90 revised from Free to Prohibited w ith immediate effect
2/2015-2020 3/2015-2020
Import Policy of Mosquito Killer Racket falling under Indian Tariff Classification (Harmonised System) Codes [ITC-HS] 8516 7920 and 8516 7990 revised from Free to Prohibited if the Cost, Insurance and Freight (CIF) value is less than INR 121/- per racket Amends Import Policy of Melon Seeds falling under Indian Tariff Classification (Harmonised System) Code [ITC-HS] 12077090 from Free to Restricted subject to revised policy condition
30-04-21 4/2015-2020
Foreign Trade Policy revised to include import of Oxygen Concentrator for personal use through post, courier or purchased from e-commerce portals in exempted category w here customs clearance is sought as gifts upto 31 July, 2021
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Date
Series and
07-04-21 52/2015-2020 09-04-21 53/2015-2020
13-04-21 01/2015-2020 26-04-21 2/2015-2020 30-04-21 3/2015-2020
Subject
DGFT PUBLIC NOTICES
Notifies new address of Regional Authority, Ahmedabad Relaxes late cut provisions for Merchandise Export from India Scheme (MEIS) claim applications for Shipping Bills of the period 1 April, 2019 to 31 March, 2020, w here Shipping Bills are submitted on or before 30 September, 2021 Notifies allocation of additional quantity of raw / refined Sugar to be exported to United Kingdom under Tariff Rate Quota Updates address of Bharat Chamber of Commerce agency authorised to issue Certificate of Origin (Non-Preferential) Notifies increase in fees for application of Certificate of Origin (Non-Preferential)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
NEW ZEALAND
Changes to Goods Clearance Fees
On 9 April 2021, the New Zealand Customs Service (NZCS) announced that changes to Customs fees for clearing imported and exported goods, previously due to start on 1 June 2020 but postponed due to COVID-19, will come into effect on 1 July 2021. The fees better reflect the costs of NZCS goods-clearance activities, and have been distributed more equitably - some will increase and some will reduce to ensure that importers, exporters and individuals pay their fair share.
Fees
Import Entry Transaction Fee Inw ard Cargo Transaction Fee - Air
- Sea
Export Entry Transaction Fee Secure Exports Scheme Other
Outw ard Cargo Transaction Fee Cargo Report Export - Air Cargo Report Export - Sea
Outw ard Cargo Report Air - Sea
Customs' hourly rate: Minimum Charge
Current including GST
NZ$ 29.26 30.66
359.82
12.01 17.94
11.51 28.82 11.51 28.82 74.21 250.85
From 1 July including GST
NZ$ 33.03 77.00
520.00
3.27 6.82
40.00 5.57
14.35 18.58 133.00 399.00
New Zealand Gazette
The following international trade related documents were published in the New Zealand Gazette or NZ Legislation (dd-mm-yy):
Date
Matter
26-03-21 Tariff Concession Approvals, Withdraw als and Declines Notice (No. 12) 2021 19-04-21 Customs and Excise Amendment Regulations 2021 LI 2021/90
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Date
Matter
The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers w ith information on recent legal 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 .
30-04-21
Notice of Determination of Full Review Stage 2 of Anti-dumping Duty on Canned Peaches From Greece
SINGAPORE
Singapore ratifies RCEP trade agreement
Singapore's Ministry of Trade and Industry announced that on 9 April 2021, Singapore deposited its instrument of ratification with the Secretary-General of ASEAN and became the first country to complete the official process for ratification of the Regional Comprehensive Economic Partnership (RCEP) Agreement. It is understood that China, Japan and Thailand have completed domestic procedures to approve RCEP, but apparently have not deposited their instruments of ratification.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 stu a rt.se i d e l @b a ke rm cke n zi e.co m
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation.
Cr edi ts:
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.
ThisUpdate contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update usesmaterial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
RCEP is the world's largest free trade agreement and was signed by all 10 ASEAN members (Singapore, Thailand, Vietnam, Cambodia, Indonesia, Malaysia, Brunei, Laos, Myanmar and the Philippines) and key partners China, South Korea, Japan, Australia and New Zealand at the 4th RCEP leaders' summit in November 2020. These 15 countries account for almost 29% of global GDP.
The RCEP Agreement will come into force 60 days after six ASEAN member states and three ASEAN FTA partners deposit their ratification instrument, acceptance or approval with the secretary-general of ASEAN. The target date to bring the agreement into force is 1 January 2022.
Notices, circulars, etc.
Date
Ref erenc e
23-04-21 Cir. 04/2021
Matter
Advisory: Common Compliance Errors Made During Declarations of Permits, Carnets, Voluntary Disclosure Programme, Free Trade Agreement, Rules of Origin and Declaration of Facts for Motor Vehicles
T HAILAND
Thai Customs sharply focused on post-clearance audits and postreview activities
Since it came into force more than three years ago, the Customs Department has endeavored to impose and amend departmental notifications and regulations in compliance with the Customs Act, B.E. 2560 (2017) (the "Customs Act"). However, due to the COVID-19 pandemic and the Revenue Department's enforcement of the transfer pricing regulation in 2020, the Customs Department is now carrying out stricter post-clearance audits and is more likely to challenge importers on complex issues meaning customs valuation and utilization of customs and trade privileges in addition to conventional issues like tariff classification, origin of goods, and import and export requirements. The transfer pricing regulation closely interacts with customs valuation, which is the procedure to determine the import value to calculate the duty to be paid on imported goods. Therefore, it is essential that the transaction value, which is the first and primary method to assess and determine the import duty, is the actual price paid or payable in a transaction between a seller and buyer. In a relationship between affiliated companies, the transaction value of goods may be below the normal market price. The concern over whether the value of imported goods, in a transaction between affiliated companies, is legally accurate, has led the Customs Department to focus more on customs valuation in the post-clearance audit. Therefore, importers
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must meticulously check the transaction value declared to the Customs Department, as well as the transfer pricing measure, to avoid a challenge or dispute concerning customs valuation the risk of which has increased significantly at this time. In this respect, Baker McKenzie, Bangkok will hold a webinar on the updates of customs audit trends and getting to know about your customs and trade risks in April 2021. Please contact us for further information or assistance.
Contacts: Pornapa Luengwattanakit, Panya Sittisakonsin, Suriyong Tungsuwan and Keerati Saneewong Na Ayudthaya.
VIETNAM
Key highlights of new duty treatment regime applied to exported/imported goods
(Decree No. 18/2021/ND-CP amending Decree No. 134/2016/ND-CP)
In brief
The government recently issued Decree No. 18/2021/ND-CP ("Decree No. 18"), amending a number of provisions under Decree No. 134/2016/ND-CP and elaborating on the Law on Export and Import Duties. The new decree comes into force on 25 April 2021.
Key takeaways
Decree No. 18 provides the following key points:
Duty treatment for toll manufacturers and contract manufacturers
Import duty refund for imported goods that have to be re-exported
Physical conditions applied to export processing enterprises (EPE)
In more detail
1. Duty treatment of imported goods under toll manufacturing contracts
Toll manufacturers continue to enjoy import duty exemption for any imported materials that are assigned to any domestic subcontractor. However, it is unclear whether subcontractors can also have import duty exemption if they have to import any materials to implement the subcontracted works.
If finished goods under toll manufacturing contracts are on-the-spot (OTS) exported, any related imported materials may only be exempted from import duty if the exporter successfully notifies customs authority of the information of the corresponding OTS import customs declaration with the condition that such OTS import must be completed within the statutory time frame of 15 days. Otherwise, the exporter will have to open a new customs declaration for such related imported materials and pay import duty and tax applicable at the time of the new customs declaration, and may only receive a refund after successfully notifying the corresponding OTS import customs declaration.
Decree No. 18 removes the 3% cap on domestically sold waste and scraps generated during the toll manufacturing process. However, redundant imported materials have been removed from the list, which means that any amount of redundant imported materials sold domestically will be subject to import duty.
2. Duty treatment of imported goods under export manufacturing contracts
Decree No. 18 aligns the treatment of imported materials that were destroyed in Vietnam under an export manufacturing contract with those under a toll manufacturing contract.
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Decree No. 18 also aligns the duty treatment in the event of subcontracting, including where subcontractors are affiliates or subsidiaries of the export manufacturers.
The scope of duty refund for imported goods that have to be re-exported is expanded.
3. Detailed conditions of customs surveillance for EPEs
Decree No. 18 details physical conditions applied to an EPE as set forth under Decree No. 82/2018/ND-CP, including the following:
Separated from external areas by fixed fence; entrance/exit gates are arranged so that goods may only enter or exit the EPE through such gates
Equipped with 24-hour camera surveillance system at gates and goods storage areas that are connected directly with the customs authorities in charge; camera data to be archived for at least 12 months
Use software to monitor imported goods
Decree No. 18 also sets forth the licensing procedure for EPEs.
Existing EPEs have one year from the entry into force of Decree No. 18 to fulfil the above conditions.
4. Import duty refund for imported goods that have to be re-exported
Decree No. 18 clarifies circumstances under which imported goods must be reexported, including the following:
i. Returning to goods ow ners
ii. Exporting abroad
iii. Exporting to non-tariff zones
This opens the possibility that imported goods re-exported for trading purposes may also receive import duty refunds.
Contacts: Thanh Vinh Nguyen and Ngoc Trung Tran
EUROPE, MIDDLE EAST AND NORTH AFRICA
EUROPEAN UNION AND EFTA
EU adjusts additional customs duties on imports of certain products originating in the US
The EU, as a result of the United States' failure to bring the Continued Dumping and Subsidy Offset Act (`CDSOA') in compliance with its obligations under the World Trade Organization (`WTO') agreements, was authorised to impose an additional customs duty on certain products of the United States. In conformity with the WTO authorisation to suspend the application of concessions to the United States, the Commission is to adjust the level of suspension annually to the level of nullification or impairment caused by the CDSOA to the Union at that time. Regulation (EU) 2018/196, the amount was set at 4,3%.
In 2020, the level of suspension was adjusted to 0,012 % ad valorem additional customs duty and Regulation (EU) 2018/196 was amended accordingly. Commission Delegated Regulation (EU) 2021/704 of 26 February 2021, published in the 29 April Official Journal states that The CDSOA disbursements for the most recent year for which data are available relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2020 (1 October 2019
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30 September 2020). On the basis of the data published by the United States' Customs and Border Protection, the level of nullification or impairment caused to the EU is calculated at USD 236 314,72. Regulation (EU) 2018/196 has therefore been amended to impose an additional duty on these products at 0,1% from 1 May 2021: 0710 40 00, Ex 9003 19 00 (frames and mountings of base metals), 8705 10 00 and 6204 62 31.
EU Lifts Sanctions on Iraqi State Entities
The European Commission has removed sanctions placed on six Iraqi state entities under Council Regulation (EC) No 1210/2003, effective from 23 April 2021. The entities include the Iraqi State Export Organisation as well as the Iraqi State Import Organisation. This mirrors the UN Security Council's decision to remove the entities from its sanctions list on 15 April 2021.
Author: Sunny Mann.
European Commission publishes guidelines on the new responsible economic operator requirement for products distance sold to EU customers
On 5 March 2021, the European Commission published guidelines on the practical implementation of Article 4 of Regulation (EU) 2019/1020 ("Market Surveillance Regulation"). From 16 July 2021, Article 4 will prevent distance sellers based outside of the EU from selling certain types of CE marked products (including toys, electrical goods and PPE) to customers in the EU where there is no EU-based economic operator responsible for compliance. This is of particular relevance to sellers using online marketplaces to sell third party products to customers in the EU, who will not be able to appoint an EU-based economic operator themselves. It also has significant implications for EU-based fulfilment service providers, who will qualify as the responsible economic operator in the absence of anyone else meeting the criteria. The guidelines provide welcome further clarity on the Article 4 requirements.
For an in-depth discussion, please see the full article here.
Contacts: Graham Stuart, Ulrich Ellinghaus, Rachel MacLeod and Adeel Haque
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
No amendments to the Explanatory Notes to the Combined Nomenclature of the European Union were published in the Official Journal during the period covered by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export.
Since 1 October 2019 all BTI correspondence between the economic operator and the customs authority is happening through the Trader Portal. This includes among others applications by economic operators for BTI decisions, requests by the customs authority for further information on the product being classified and the economic operators' replies to those questions. A list of customs authorities
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designated by Member States for the purposes of receiving applications, or taking decisions relating to binding tariff information may be found here.
Depending on the Member State an economic operator has to access either the EU Customs trader portal or the national trader portal. You can search and 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:
OJ Date
Subject
06-04-21 07-04-21 08-04-21
Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of w eapons (codification)
Commission Implementing Regulation (EU) 2021/535 of 31 March 2021 laying dow n rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications f or the type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards their general construction characteristics and safety
Notification by the European Union made in accordance w ith the Trade and Cooperation Agreement betw een the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part [2021/C I/01] Competent authorities designated by the United Kingdom under Part Three of the Agreement: Law Enforcement and Judicial Cooperation in Criminal Matters [2021/C 117/I02]
Commission Implementing Regulation (EU) 2021/568 of 6 April 2021 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for the United Kingdom in the list of third countries, territories, zones or compartments from w hich certain poultry commodities may be imported into and transit through the Union in relation to highly pathogenic avian influenza
Commission Implementing Decision (EU) 2021/562 of 30 March 2021 amending the Annex to Implementing Decision (EU) 2020/1809 concerning certain protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2021) 2349) Commission Implementing Decision (EU) 2021/563 of 31 March 2021 on the validity of certain decisions relating to binding origin information (notified under document C(2021) 2072)
Commission Delegated Regulation (EU) 2021/571 of 20 January 2021 amending the Annex to Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the list of substances that may be added to infant and follow -on formula, baby food and processed cereal-based food Commission Delegated Regulation (EU) 2021/573 of 1 February 2021 amending Delegated Regulation (EU) 2019/625 as regards import conditions for live snails, for composite products and for casings placed on the market for human consumption Council Decision (EU) 2021/570 of 24 October 2019 on the signing, on behalf of the Union, and provisional application of the Protocol to the Euro-Mediterranean Interim Association Agreement on trade and cooperation betw een the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, on a Framew ork Agreement betw een the European Union and the Palestinian Authority of the West Bank and the Gaza Strip on the general principles for its participation in Union programmes
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OJ Date
Subject
09-04-21 12-04-21 13-04-21 14-04-21
15-04-21
16-04-21
Protocol to the Euro-Mediterranean Interim Association Agreement on trade and cooperation betw een the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, on a Framew ork Agreement betw een the European Union and the Palestinian Authority of the West Bank and the Gaza Strip on the general principles for its participation in Union programmes
Commission Delegated Regulation (EU) 2021/576 of 30 November 2020 amending Annex III to Regulation (EU) No 978/2012 to include the Republic of Uzbekistan among the countries benefiting from tariff preferences under the GSP+
Commission Implementing Regulation (EU) 2021/581 of 9 April 2021 on the situational pictures of the European Border Surveillance System (EUROSUR) Commission Implementing Decision (EU) 2021/586 of 12 April 2021 amending Decision 2007/330/EC lifting prohibitions on the movement of certain animal products on the island of Cyprus under Council Regulation (EC) No 866/2004 and laying dow n conditions for the movement of those products w ith regard to `' (Halloumi)/`Hellim' (PDO) (notified under document C(2021) 2386) Commission Implementing Decision (EU) 2021/596 of 8 April 2021 amending Annex II to Decision 2003/467/EC as regards the officially brucellosis -free status of Croatia in relation to bovine herds (notified under document C(2021) 2260)
Commission Implementing Decision (EU) 2021/597 of 12 April 2021 laying down emergency measures in relation to confirmed cases of infestation w ith small hive beetle in Italy (notified under document C(2021) 2365) Commission Implementing Regulation (EU) 2021/605 of 7 April 2021 laying dow n special control measures for African sw ine fever
Commission Implementing Regulation (EU) 2021/606 of 14 April 2021 amending Annex I, Annexes IV to XIII, and Annex XVI to Implementing Regulation (EU) 2021/405 as regards the entries of Belarus and of the United Kingdom and the Crow n Dependencies of Guernsey, the Isle of Man and Jersey in the lists of third countries or regions thereof authorised for the entry into the Union of certain animals and goods intended for human consumption Commission Implementing Regulation (EU) 2021/608 of 14 April 2021 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council Commission Implementing Decision (EU) 2021/609 of 14 April 2021 amending Implementing Decision (EU) 2020/439 as regards harmonised standards on packaging for terminally sterilised medical devices and sterilisation of health care products
Commission Implementing Decision (EU) 2021/610 of 14 April 2021 amending Implementing Decision (EU) 2020/437 as regards harmonised standards on medical vehicles and their equipment, anaesthetic and respiratory equipment, biological evaluation of medical devices, packaging for terminally sterilised medical devices, sterilisation of health care products, clinical investigation of medical devices for human subjects, non-active surgical implants, medical devices utilising animal tissues and their derivatives, electroacoustics and medical electrical equipment
Commission Implementing Decision (EU) 2021/611 of 14 April 2021 amending Implementing Decision (EU) 2020/438 as regards harmonised standards on biological evaluation of medical devices, packaging for terminally sterilised medical devices, sterilisation of health care products and clinical investigation of medical devices for human subjects EFTA Surveillance Authority Decision No 156/20/COL of 16 December 2020 adopting Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allow ance trading post-2021 [2021/604]
Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allow ance trading post-2021 Commission Implementing Regulation (EU) 2021/617 of 14 April 2021 amending Implementing Regulations (EU) 2020/2235 and (EU) 2020/2236 as regards
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OJ Date
Subject
19-04-21 20-04-21
model animal health certificates and animal health/official certificates for the entry into the Union of certain aquatic animals and products of animal origin
Commission Implementing Regulation (EU) 2021/619 of 15 April 2021 amending Implementing Regulations (EU) 2020/2235, (EU) 2020/2236 and (EU) 2021/403 as regards transitional provisions for the use of animal health certificates, animal health/official certificates and official certificates
Commission Implementing Regulation (EU) 2021/620 of 15 April 2021 laying dow n rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council as regards the approval of the disease-free and nonvaccination status of certain Member States or zones or compartments thereof as regards certain listed diseases and the approval of eradication programmes for those listed diseases Commission Implementing Regulation (EU) 2021/623 of 15 April 2021 amending Annex I to Implementing Regulation (EU) 2021/605 laying dow n special control measures for African sw ine fever
Council Decision (EU) 2021/624 of 12 April 2021 on the position to be taken on behalf of the European Union w ithin the Joint Committee established by the Convention betw een the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norw ay, the Kingdom of Sw eden and the Sw iss Confederation, on a common transit procedure as regards amendments of Appendices I and III to that Convention
Commission Delegated Regulation (EU) 2021/630 of 16 February 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of goods exempted from official controls at border control posts and amending Commission Decision 2007/275/EC Commission Implementing Regulation (EU) 2021/632 of 13 April 2021 laying dow n rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products, composite products, and hay and straw subject to official controls at border control posts, and repealing Commission Implementing Regulation (EU) 2019/2007 and Commission Decision 2007/275/EC Commission Implementing Regulation (EU) 2021/634 of 15 April 2021 amending Implementing Regulation (EU) 2021/404 as regards transitional arrangements, the entries of the United Kingdom and the Crow n Dependencies of Guernsey, the Isle of Man and Jersey and the list of third countries authorised for the entry into the Union of dairy products required to undergo a specific riskmitigating treatment against foot and mouth disease Notice to economic operators New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products [2021/C 136/06] Position (EU) No 7/2021 of the Council at first reading w ith a view to the adoption of a Regulation of the European Parliament and of the Council establishing the Union Anti-Fraud Programme and repealing Regulation (EU) No 250/2014Adopted by the Council on 16 March 2021 [2021/C 137/01]
Statement of the Council's reasons: Position (EU) No 7/2021 of the Council at first reading w ith a view to the adoption of a Regulation of the European Parliament and of the Council establishing the Union AntiFraud Programme and repealing Regulation (EU) No 250/2014 [2021/C 137/02]
Commission Delegated Regulation (EU) 2021/642 of 30 October 2020 amending Annex III to Regulation (EU) 2018/848 of the European Parliament and of the Council as regards certain information to be provided on the labelling of organic products
Commission Delegated Regulation (EU) 2021/643 of 3 February 2021 amending, for the purposes of its adaptation to technical and scientific progress, Part 1 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures
Commission Implementing Regulation (EU) 2021/645 of 15 April 2021 amending Annex I to Regulation (EU) No 605/2010 as regards the list of third countries
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OJ Date
Subject
21-04-21
22-04-21 23-04-21 26-04-21 27-04-21
or parts thereof from w hich the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products is authorised
Commission Implementing Regulation (EU) 2021/646 of 19 April 2021 laying dow n rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of motor vehicles w ith regard to their emergency lane-keeping systems (ELKS)
Council Decision (CFSP) 2021/649 of 16 April 2021 on Union support for activities of the ATT Secretariat in support of the implementation of the Arms Trade Treaty Commission Implementing Decision (EU) 2021/640 of 13 April 2021 amending the Annex to Implementing Decision (EU) 2020/1809 concerning certain protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2021) 2605)
Commission Implementing Decision (EU) 2021/641 of 16 April 2021 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2021) 2704) Council Decision (EU) 2021/651 of 19 April 2021 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters betw een the European Union and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff -rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's w ithdraw al from the European Union Council Decision (EU) 2021/650 of 19 April 2021 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters betw een the European Union and the United States of America pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's w ithdraw al from the European Union
Commission Implementing Decision (EU) 2021/653 of 20 April 2021 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance w ith Article 29 of Council Directive 96/23/EC (notified under document C(2021) 2587)
List of the bilateral investment agreements referred to in Article 4(1) of Regulation (EU) No 1219/2012 of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements betw een Member States and third countries [2021/C 142/01] Commission Decision (EU) 2021/660 of 19 April 2021 amending Decision (EU) 2020/491 on relief from import duties and VAT exemption on importation granted for goods needed to combat the effects of the COVID-19 outbreak during 2020 (notified under document C(2021) 2693)
Commission Regulation (EU) 2021/663 of 22 April 2021 amending Annex III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chlordecone in or on certain products Commission Implementing Regulation (EU) 2021/668 of 23 April 2021 authorising a change of the conditions of use of chia seeds (Salvia hispanica) as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 Commission Implementing Regulation (EU) 2021/686 of 23 April 2021 authorising a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health, and amending Regulation (EU) No 432/2012
Commission Implementing Regulation (EU) 2021/687 of 26 April 2021 amending Annex I to Implementing Regulation (EU) 2021/605 laying dow n special control measures for African sw ine fever Commission Implementing Decision (EU) 2021/688 of 23 April 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States
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OJ Date
Subject
28-04-21 29-04-21
30-04-21
Council Decision (EU) 2021/675 of 20 April 2021 authorising the opening of negotiations to amend the International Cocoa Agreement 2010
Commission Implementing Decision (EU) 2021/682 of 26 April 2021 amending Implementing Decision (EU) 2016/715 as regards specified fruits originating in Argentina (notified under document C(2021) 2744)
Corrigendum to Commission Implementing Regulation (EU) 2021/646 of 19 April 2021 laying dow n rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of motor vehicles w ith regard to their emergency lane-keeping systems (ELKS) (OJ L 133, 20.4.2021) Commission Delegated Regulation (EU) 2021/704 of 26 February 2021 amending Regulation (EU) 2018/196 of the European Parliament and of the Council on additional customs duties on imports of certain products originating in the United States of America
Corrigendum to Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres w ith respect to fuel ef ficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 ( OJ L 177, 5.6.2020)
Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement betw een the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement betw een the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information Trade and Cooperation Agreement betw een the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part
Notice concerning the entry into force of the Trade and Cooperation Agreement betw een the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement betw een the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information
Agreement betw een the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 March 2021 to 31 March 2021(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council)
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established, amended or corrected:
OJ Date
Restrictive Measure
06-04-21 12-04-21
Council Implementing Regulation (EU) 2021/559 of 6 April 2021 implementing Article 12 of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia Council Implementing Decision (CFSP) 2021/560 of 6 April 2021 implementing Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Implementing Regulation (EU) 2021/584 of 12 April 2021 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
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OJ Date
Restrictive Measure
13-04-21
15-04-21
19-04-21 22-04-21 26-04-21 30-04-21
Council Implementing Decision (CFSP) 2021/585 of 12 April 2021 implementing Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
Council Implementing Regulation (EU) 2021/587 of 12 April 2021 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
Commission Implementing Regulation (EU) 2021/589 of 9 April 2021 amending for the 320th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated w ith the ISIL (Da'esh) and Al-Qaida organisations Council Decision (CFSP) 2021/595 of 12 April 2021 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
Corrigendum to Council Regulation (EU) No 509/2012 of 15 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 156, 16.6.2012) Council Implementing Regulation (EU) 2021/612 of 15 April 2021 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated w ith them
Council Decision (CFSP) 2021/613 of 15 April 2021 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated w ith them
Council Implementing Regulation (EU) 2021/628 of 16 April 2021 implementing Article 17(3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic Council Implementing Decision (CFSP) 2021/636 of 16 April 2021 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
Council Implementing Regulation (EU) 2021/638 of 19 April 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma Council Decision (CFSP) 2021/639 of 19 April 2021 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma
Commission Implementing Regulation (EU) 2021/655 of 21 April 2021 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations w ith Iraq Council Implementing Regulation (EU) 2021/667 of 23 April 2021 implementing Article 21(2) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
Council Implementing Decision (CFSP) 2021/672 of 23 April 2021 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya Council Implementing Regulation (EU) 2021/706 of 29 April 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma
Council Implementing Regulation (EU) 2021/707 of 29 April 2021 implementing Article 17(3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
Council Decision (CFSP) 2021/711 of 29 April 2021 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma Council Implementing Decision (CFSP) 2021/712 of 29 April 2021 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
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Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
EFTA COUNTRIES
Import-export related measures
The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
Date*
Measure
08-04-21 14-04-21 23-04-21 26-04-21
28-04-21
30-04-21
ICELAND 375/2021 (08-04-21) Regulation quarantine and isolation and sampling at the Iceland border for COVID-19 406/2021 (12-04-21) Regulation (25th) Amendment to Regulation No. 560/2014 on the validity of The Commission's (EC) Regulation No. 798/2008 on the records of third countries, territories, territories, territories or chambers, from w hich imports are allow ed to the Community and the Transit of the Community of Poultry and Poultry Products, and for requirements for health certifications for animals and animal products. 435/2021 (23-04-21) Regulation quarantine and isolation and sampling at the Iceland border for COVID-19. 436/2021 (23-04-21) Commercial areas and countries considered special high-risk areas due to COVID-19 440/2021 (09-03-21) Regulation (3rd) Amendment to Regulation No. 424/2015 on the validity of Decisions and Delegated Regulations of the Commission (EU) on the ranking of certain construction products into categories by usability w ith respect to fire responses, the fire technical classification of certain products w ithout fire testing having to be carried out, and a method of confirmation of the compliance of construction products under Article 60 of the European Parliament and Council (EU) Regulation No 305/2011 on construction products. 452/2021 (12-03-21) Regulation (9th) Amendment to Regulation No. 481/2017 on the validity of The Commission's (EC) Regulation No. 1235/2008 on detailed rules on the implementation of Council Regulations (EC) No 834/2007 in respect of arrangements for the import of organic products from third countries 453/2021 (12-03-21) Regulation (10th) Amendment to Regulation No. 900/2018 on the validity of the Commission's (EU) 2017/2470 implementation of the Union's register of new food in accordance w ith European Parliament and Council (EU) Regulations 2015/2283 on new food 455/2021 (12-03-21) Regulation (17th) Amendment to Regulation No. 397/2013 on the validity of The Commission's (EU) Regulation No 231/2012 on detailed definitions of food additives specified in Annex II and III of the European Parliament and Council (EC) No 1333/2008 456/2021 (12-03-21) Regulation (40th) Amendment to Regulation No. 672/2008 on the maximum value of pesticides in food and feed. 458/2021 (12-03-21) Regulation (EU) 2019/1871 on reference points for actions for unauthorised pharmacologically active substances available in animal f ood 31/2021 (28-04-21) Commercial amendment to Annex I to Customs Act No. 88/2005, w ith subsequent amendments. 474/2021 (28-04-21) Regulation (3rd) Amendment to Regulation No. 507/2020 on the validity of the Commission's (EU) 2019/1793 implementation regulations on the temporary increase in official supervision and emergency measures governing the arrival of certain products from certain third countries.
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Date*
Measure
19-04-21 22-04-21 23-04-21 06-04-21 08-04-21 12-04-21 13-04-21 15-04-21
16-04-21
19-04-21 23-04-21 26-04-21
29-04-21 30-04-21
475/2021 (28-04-21) Regulation (26th) Amendment to Regulation No. 560/2014 on the validity of The Commission's (EC) Regulation No. 798/2008 on the records of third countries, territories, territories, territories or chambers, from w hich imports are allow ed to the Community and the Transit of the Community of Poultry and Poultry Products, and for requirements for health certifications for animals and animal products.
LIECHTENSTEIN LGBI 2021.133 Cultural Property Protection Ordinance (KGSV) of 13 April 2021 (LR 445.013) LGBI 2021.136 Ordinance of 20 April 2021 amending the Ordinance on Measures against Persons and Organisations w ith Links to the Groups "ISIL (Da'esh)" and Al-Qaeda (LR 946.222.22) LGBI 2021.137 Ordinance of 20 April 2021 amending the Ordinance on Measures against the Islamic Republic of Iran (LR 946.223.3) LGBI 2021.138 Announcement of 20 April 2021 of the Sw iss legislation applicable under the Customs Treaty in the Principality of Liechtenstein (Annex I and II) (LR 170.551.631)
NORWAY
Regulations 2015 change in regulations on animal by-products that are not intended for human consumption FOR-2021-03-31-1059 Ministry of Agriculture and Food
Regulations 2015 change in regulations on quota duty and trade in quotas for greenhouse gas emissions (greenhouse gas emissions) FOR-2021-04-071097 Ministry of Climate and Environment Regulations 2015 change in regulations on the import and transit of poultry and certain poultry products from third countries FOR-2021-04-07-1098 Ministry of Agriculture and Food
Regulations 2015 change in regulations on food additives FOR-2021-03-221128 Ministry of Health and Care Services Regulations 2015 change in application-based regulations for exemptions from entry restrictions for foreigners for public health reasons FOR-2021-04-121139 Ministry of Industry and Fisheries
Regulations relating to amendments to the Regulations on application-based schemes for exemptions from entry restrictions for foreign nationals for public health reasons FOR-2021-04-14-1159 Ministry of Trade, Industry and Fisheries
Act relating to the implementation of international sanctions (Sanctions Act) ACT-2021-04-16-18 Ministry of Foreign Affairs
Regulations relating to amendments to the Regulations on registration, assessment, approval and restriction of chemicals (REACH Regulations) FOR-2021-04-15-1173 Ministry of Climate and Environment
Implementation of Act 16 April 2021 No. 18 on the implementation of international sanctions (Sanctions Act) FOR-2021-04-16-1182 Ministry of Foreign Aff airs Regulations relating to amendments to the Regulations on restriction on the use of hazardous chemicals and other products (information on SVHC substances in products to ECHA) FOR-2021-04-16-1186 Ministry of Climate and Environment
Act relating to amendments to the EEA Goods Act (mutual approval of goods, etc.) ACT-2021-04-23-25 Ministry of Trade, Industry and Fisheries Regulations relating to amendments to the Regulations on the determination of methods for sampling and analysis in connection w ith public control of feed products (Feed Analysis Regulations) For-2021-04-14-1250 Ministry of Agriculture and Food, Ministry of Trade, Industry and Fisheries
Regulations relating to amendments to the Regulations on registration and licence schemes for tobacco products, etc. FOR-2021-04-18-1252 Ministry of Health and Care Services Regulations relating to am endm ents to the Regulations on pe sticides FOR-2021-04-26-1294 Ministry of Agriculture and Food
Regulations relating to amendments to the Regulations on residues of pesticides in foodstuffs and feed products 30-04-21FOR-2021-04-26-1313 Ministry of Health and Care Services
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Date*
Measure
06-04-21 09-04-21 12-04-21 13-04-21
15-04-21 18-04-21 20-04-21
21-04-21 22-04-21 25-04-21 26-04-21 27-04-21 28-04-21
SWITZERLAND
FSVO Order Establishing Measures Against the Spread of African Sw ine Fever through Import, Transit and Export Trade w ith European Union Member States, Iceland and Norw ay (RS 916.443.107)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27)
FSVO Order establishing measures to prevent the introduction of avian influenza present in certain Member States of the European Union and in Northern Ireland (RS 916.443.102.1) DFI Ordinance regulating import, transit and export trade in animals and animal products w ith EU Member States, Iceland and Norw ay (OITE-EU-DFI) (RS 916.443.111)
FSVO Ordinance establishing measures to protect the domestic poultry population against avian influenza and prevent the spread of the disease (RS 916.443.110) Ordinance of the FSVO of April 15, 2021 instituting measures to prevent the introduction of avian influenza in the Sw iss domestic poultry population on the shores of Lake Geneva (RS 916.401.347)
Ordinance on Epizootics (OFE) (RS 916.401) Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27)
International Convention on the Harmonized Commodity Description and Coding System (RS 0.632.11) Amendment to Art. 8 Agricultural Product Import Ordinance (Agricultural Import Ordinanc e, OIAgr) (RS 916.01)
Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012) Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27) Ordinance of the DFI regulating import, transit and export trade in animals and animal products w ith third countries (OITE- PT-DFI) (RS 916.443.106)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27) Agreement of 9 December 2019 in the form of an exchange of letters betw een the Sw iss Confederation and the European Union w ithin the framew ork of negotiations under art. XXVIII of the GATT 1994 on the modification of Sw itzerland's concessions to the WTO on seasoned meat (RS 0.632.290.17) Decision 1/2021 of the EU-Sw itzerland Joint Committee of 12 March 2021 amending Chapter III and Annexes I and II of the agreement betw een the European Community and the Sw iss Confederation on the facilitation of controls and formalities during the transport of goods, as w ell as customs security measures (RS 0.631.242.05)
Agricultural Product Import Ordinance (Agricultural Import Ord. OlAgr) (RS 916.01)
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
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Date*
Restrictive Measure
19-04-21 30-04-21
09-04-21 23-04-21
06-04-21
07-04-21 16-04-21 19-04-21 26-04-21 27-04-21 29-04-21
LIECHTENSTEIN LGBI 2021.132 Ordinance of 13 April 2021 amending the Ordinance on Measures against Myanmar (LR 946.222.3) LGBI 2021.145 Ordinance of 27 April 2021 amending the Ordinance on Measures against Myanmar (LR 946.222.3)
NORWAY
Regulations on the lifting of regulations on restrictive measures against certain persons in light of the situation in Egypt FOR-2021-04-07-1101 Ministry of Foreign Affairs
Regulations relating to amendments to the Regulations on restrictive measures concerning the situation in Myanmar/Burma FOR-2021-04-21-1228 Ministry of Foreign Affairs
SWITZERLAND
Modification to the 5 December 2014 order establishing measures against Yemen (RS 946.231.179.8) [Entry into force 05.04.21]
Modification to the 14 March 2014 order establishing measures against the Central African Republic (RS 946.231.123.6) [Entry into force 05-04-21] Modifications to the Ordinance of 2 October 2000 on measures against persons and organisations w ith links to Usama bin Laden, the Al-Qaeda group or the Taliban (RS 946.203) [Entry into force 06-04-21]
Modifications to the 7 August 1990 ordinance establishing economic measures against the Republic of Iraq (RS 946.206) [Entry into force 15-04-21] Modification to The Ordinance of 30 March 2011 on Measures against Libya (RS 946.231.149.82) [Entry into force 20-04-21]
Correction to the Ordinance establishing measures against Syria (RS 946.231.172.7) Modifications to the 11 November 2015 Ordinance establishing measures against the Islamic Republic of Iran (RS 946.231.143.6) [Entry into force 28-0421]
Ordinance instituting measures against Myanmar (RS 946.231.157.5)
NON EU-EFTA EUROPEAN COUNTRIES
UNITED KINGDOM
UK introduces Global Anti-Corruption Sanctions Regulations
The UK has issued the Global Anti-Corruption Sanctions Regulations 2021 (the "Regulations"), which came into force on 26 April 2021. These Regulations are designed to ensure that sanctions relating to serious incidents of corruption are enforced.
The Regulations will give the government the power to impose asset freezes on designated persons or those dealing with them, with the aim of preventing the UK from being used as a "haven for dirty money." This is the first time that the UK has imposed sanctions relating to corruption.
22 individuals have been added to the Global Anti-Corruption sanctions regime, including 14 Russian individuals involved in corruption cases, three South African businessmen, three individuals in Latin America, and an individual from Sudan accused of misappropriating state assets. No entities have been added so far.
This move brings the UK into step with the United States and Canada, which have similar existing anti-corruption sanctions regimes. The new Regulations will provide an opportunity for the UK, US and Canada to take complementary actions and in partnership. The US Treasury department has welcomed this move in a press release.
Author: Sunny Mann.
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UK and Serbia sign Partnership, Trade and Cooperation Agreement
On 19 April 2021, the UK Government announced that the UK and Serbia signed a Partnership, Trade and Cooperation Agreement to ensure 682m trade can continue and grow between the two countries. The announcement said:
The Agreement secures continued preferential trade access betw een the UK and Serbia w ith significant savings for business to support jobs and the w ider economy. It also sets out how the tw o countries w ill strengthen political, economic, security and cultural ties, and reaffirms the UK's support for governance reform in Serbia that w ill safeguard its competitive business environment and open, democratic society.
The Agreement secures continued preferential trade access betw een the UK and Serbia w ith significant savings for business to support jobs and the w ider economy. It also sets out how the tw o countries w ill strengthen political, economic, security and cultural ties, and reaffirms the UK's support for governance reform in Serbia that w ill safeguard its competitive business environment and open, democratic society.
The Agreement replicates the effects of the existing EU-Serbia Stabilisation and
Association Agreement as far as possible, providing certainty for businesses and consumers in the UK and Serbia.
Top UK exports to Serbia include scientific instruments, medicine and pharma-
ceutics, machinery and clothing.
This Agreement w ill now be subject to domestic parliamentary procedures in both
the UK and Serbia.
The UK now has agreed trade deals w ith 67 countries plus the EU, that account
for 891bn of UK bilateral trade in 2019.
UK publishes new guidance on technology exports 5 key takeaways for companies using the cloud
The UK Export Control Joint Unit has published a revised guidance note on exporting military or dual-use technology. This guidance clarifies a number of common queries regarding technology exports, particularly around the use of cloud storage and remote data infrastructure through which information could be routed. The guidance also addresses the application of the special arrangements in Northern Ireland under the EU-UK Withdrawal Agreement.
The guidance affirms the position on how key definitions and concepts in UK export control laws will be interpreted in relation to technology exports. Here are our five key takeaways for companies using the cloud and remote infrastructure to store and share export-controlled technology:
1. LOCATION: Whether there is a controlled export of controlled technology from the UK via the cloud w ill depend upon the location of the person w ho physically m akes the technology available, and w here the intended recipient is located not the location of the server or data infrastructure through w hich technology is routed;
2. ACCESS: A licensable transfer w ill take place w hen controlled technology uploaded by or shared by persons in the UK for an overseas recipient is consequently dow nloaded or accessed overseas by the recipient. A licence w ill be needed before granting the overseas recipient access to or allow ing them to dow nload the technology, although this may be after the technology is uploaded or sent if protected by safeguards (see below ). There is not considered to be a licensable transf er if controlled technology is dow nloaded or accessed only by persons located in the UK. Additionally, if controlled technology is uploaded to a UK or overseas server and any subsequent access to it is controlled by a person outside the UK, then an export licence w ill be required as a transfer of technology to the location of that person.
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3. TRAVEL: A licence is required w here a person takes controlled technology overseas even w here it is only for personal use and w ill not be shared or transmitted further. This also applies to a person accessing controlled technology w hen they are travelling: w here an employee of a UK company accesses controlled technology belonging to their company overseas, this constitutes a transfer to the country in w hich they are located, and a licence w ould be required. (Note that certain exceptions may apply for cryptographic items under Category 5 Part 2 of the Dual Use List).
4. ADMINISTRATORS: Companies should understand w hether internal or third party administrators for its cloud storage, or other providers of technical services for data infrastructure, located overseas w ould have access to the company's controlled technology on such cloud storage and infrastructure. An export licence w ould be required if the administrator w ill have access to, or the pow er to grant access to, controlled technology provided from the UK. Where safeguards are in place to ensure that administrators w ould not be able to access controlled technology, then such administrators w ould not be intended recipients of the controlled technology.
5. SAFEGUARDS AND ENCRYPTION: Companies that share or store controlled
technology using the cloud should ensure they have appropriate safeguards in place to guard against unintended access to technology, including to intended recipients before a license is obtained. The guidance does not mandate that controlled technology transmitted via the cloud is encrypted (in contrast to guidance from other countries, for example see here for the US), but it indicates that measures to safeguard information against unintended access could include applying industry standard methods of end-to-end encryption and identity and access management.
The guidance also reiterates that licences are required for intra-group transfers of controlled technology.
The clarity and confirmations provided by the guidance should be carefully considered by companies when assessing the strength and effectiveness of their export compliance programme, alongside existing guidelines such as the UK export control Compliance Code of Practice. In particular, following the revised guidance, UK exporters will want to ensure they can exercise suitable control over access to their export controlled technology, through the application of policies, procedures and safeguards, including in relation to access by employees located overseas or travelling; access by subsidiaries, parents and group companies; and access by third party service providers.
Authors: Sunny Mann, Andrew Rose and Ross Evans.
UK targets second Myanmar military conglomerate
On 1 April 2021, the UK government announced additional measures targeting the Myanmar regime's economic interests. Further to the 25 March 2021 announcement targeting Myanmar Economic Holdings Ltd (MEHL), the UK has added Myanmar Economic Corporation (MEC) to its Global Human Rights sanctions regime. The UK cited credible evidence that MEC had contributed funds to the Myanmar military who have allegedly committed widespread human rights violations in Myanmar.
The sanctions impose an asset freeze against MEC and its subsidiaries as well as prohibiting funds and economic resources being made available, directly or indirectly, to MEC or any subsidiary it controls. The UK named 64 of MEC's subsidiaries in its Sanctions List, targeting entities in industries such as mining, telecommunications and metals.
Adding MEC to the UK Sanctions list aligns the UK with the US in sanctioning both military-controlled conglomerates and is the most recent measure in the
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UK's wider response to the 1 February 2021 coup (see our previous blog posts here and here). Author: Sunny Mann.
Legislation (legislation.gov.uk)
Date
Measure
01-04-21 07-04-21 08-04-21
09-04-21
16-04-21 19-04-21 20-04-21 21-04-21
22-04-21 28-04-21 29-04-21 30-04-21
SI 2021/442 - The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2021 SI 2021/435 - The Trade Preference Scheme (EU Exit) (Amendment) Regulations 2021
SI 2021/447 - The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 12) Regulations 2021 SI 2021/447 - The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 12) Regulations 2021
SSI 2021/181 - The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) Regulations 2021 SR 2021/95 - The Health Protection (Coronavirus, International Travel) (Amendment No. 11) Regulations (Northern Ireland) 2021
SI 2021/453 - The Official Controls (Exemptions from Controls at Border Control Posts) (Amendment) Regulations 2021 SI 2021/454 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 5) Regulations 2021 / Rheoliadau Diogelu Iechyd (Coronafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 5) 2021
SR 2021/102 - The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) Regulations (Northern Ireland) 2021 SR 2021/99 - The Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2021
SI 2021/470 - The Protection of Wrecks (RMS Titanic) (Amendment) Order 2021 SI 2021/478 - The Customs (Miscellaneous Amendments) Regulations 2021
SI 2021/483 - The Taxation Cross-border Trade (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 SSI 2021/191 - The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 9) Regulations 2021
SI 2021/498 - The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 13) Regulations 2021 SI 2021/500 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 6) Regulations 2021 / Rheoliadau Diogelu Iechyd (Coronafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 6) 2021
SR 2021/108 - The Health Protection (Coronavirus, International Travel) (Amendment) Regulations (Northern Ireland) 2021 SI 2021/519 - The Climate and Energy (Revocation) (EU Exit) Regulations 2021
SI 2021/521 - The G7 Presidency (Immunities and Privileges) Order 2021
SI 2021/520 - The Customs Tariff (Establishment) (EU Exit) (Amendment) Regulations 2021
SI 2021/527 - The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (EU Exit) (Amendment No. 2) Regulations 2021
2021 c. 10 - Trade Act 2021
Restrictive measures established, amended, corrected
The following restrictive measures were established, amended or corrected and published during the period covered by this Update. *The date shown may be the signature date, release date or publication date, depending on local practice.
Date*
Restrictive Measure
23-04-21
SI 2021/501 - The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2021
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Date*
Restrictive Measure
26-04-21 29-04-21
SI 2021/488 - The Global Anti-Corruption Sanctions Regulations 2021 SI 2021/529 - The Myanmar (Sanctions) (Isle of Man) Order 2021 SI 2021/528 - The Myanmar (Sanctions) (Overseas Territories) Order 2021 SI 2021/526 - The Global Anti-Corruption Sanctions (Isle of Man) Order 2021 SI 2021/525 - The Global Anti-Corruption Sanctions (Overseas Territories) Order 2021 SI 2021/496 - The Myanmar (Sanctions) Regulations 2021
HMRC updates
The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:
Release Date
Ref. No. and Subject
16-04-21 19-04-21 20-04-21 21-04-21
22-04-21 23-04-21 28-04-21
29-04-21
Tariff, Anti-Dum ping and Other Notices
Notice 100: customs Flexible Accounting System Changes to CHIEF commodity codes (Tariff stop press notice 13) Notice 12A: w hat you can do if things are seized The Taxation Cross-border Trade (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 Refunds of UK VAT for non-UK businesses or EU VAT for UK businesses (Notice 723A) Classifying toys, games and festive articles for import and export Notice 205: official customs seals and trader sealing Reference Document for The Customs Tariff (Establishment) (EU Exit) Regulations 2020 Reference Documents for The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Amendment) (EU Exit) Regulations 2020 part 1 Reference Documents for The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas)(EU Exit)(Amendment No. 2) Regulations 2021
TURKEY
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resm Gazete.
Date
Subject
01-04-21 06-04-21
07-04-21
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/10) Decision of the Joint Committee established by the Free Trade Agreement betw een the Republic of Turkey and the Republic of Albania on the Adoption of Resolution 1/2020, w hich changed protocol II on the definition of the concept of 'Products of Origin' and methods of administrative co-operation in addition to the Free Trade Agreement betw een the Republic of Turkey and the Republic of Albania (Number of Decisions: 3766) Decision to Amend the Decision on The Implementation of Tariff Quota on The Import of Some Agricultural Products of Palestinian National Authority Origin (Number of Decisions: 3788) Amendment of The Definition of the Concept of "Products of Origin" and The Amendment of Protocol II on The Exchange of Concessions on Basic Agricultural Products and Processed Agricultural Products and Fis heries Products of the Temporary Free Trade Agreement betw een the Republic of Turkey and the State of Palestine Decision on The Effective Date of the Joint Committee Decisions No. 1/2020 and 2/2020 Signed on January 9, 2020 as March 26, 2021 (Number of Decisions: 3789)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/16)
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Date
Subject
08-04-21 10-04-21 15-04-21 16-04-21 17-04-21 20-04-21
22-04-21
24-04-21 25-04-21 27-04-21
Electronic Application System Communiqu in Import Transactions (Import: 2021/21)
Persons Listed by United Nations Security Council Resolutions 1267 (1999), 1988 (2011) and 1989 (2011), Decision on freezing assets held by organizations or organizations dated 30/9/2013 and numbered 2013/5428 on amendments to the List No. 1) (Number of Decisions: 3795)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/17)
General Communiqu of Customs (Customs Procedures Before Arrival) (Notice on Amendments to Serial No: 1) (Customs Procedures Before Arrival) (Serial No: 2)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/20)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/21) Regulation on Labeling of Tyres for Fuel Efficiency and Other Parameters (EU/2020/740)
Decision on Amendments to the Import Regime Decision (Number of Decisions: 3837) Decision to Amend the Decision on the Implementation of Additional Customs Duties on Imports (Number of Decisions: 3838)
Decision on the Implementation of Tariff Quota on The Import of Certain Products originating from the United Kingdom of Great Britain and Northern Ireland (Number of Decisions: 3839)
Communiqu on Tariff Quota on The Import of Certain Products originating from the United Kingdom of Great Britain and Northern Ireland
Decision on the Ratification of the Economic and Financial Cooperation Agreement betw een the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus in 2021 (Number of Decisions: 3858)
Decision of the Joint Committee established by the Free Trade Agreement betw een the Republic of Turkey and Georgia on the Adoption of Resolution No. 1/2016, w hich changed the Protocol II on the Definition of the Concept of 'Products of Origin' and Methods of Administrative Cooperation of the Free Trade Agreement betw een the Republic of Turkey and Georgia (Number of Decisions: 3864) Decision on the Adoption of Resolution 1/2017, w hich changed the Definition of the Concept of 'Products of Origin' and The Methods of Administrative Cooperation of the Joint Committee established by the Free Trade Agreement betw een the Republic of Turkey and Montenegro (Number of Decisions: 3865)
Decision on the Ratification of the Decision of the Joint Committee of EU-Joint Transit Countries dated 4/12/2018 and Numbered 2/2018 on Amendments to the Annexes of the Agreement on the Common Transit Regime of 20/5/1987 effective from 1/1/2021 (Number of Decisions: 3863)
Decision to Amend the Decision on the Implementation of Additional Customs Duties on Imports (Number of Decisions: 3867) Regulation on Changes to the Electricity Market Import and Export Regulation
Regulation on Amendments to the Regulation on Procedures and Principles regarding the Internal and Foreign Trade of Alcohol and Alcoholic Beverages Regulation on Amendments to the Regulation on The Procedures and Principles regarding the Production of Ethyl Alcohol and Methanol and Its Internal and Foreign Trade
2021 Decision on the Effective Date of the Economic and Financial Cooperation Agreement betw een the Government of the Republic of Turkey and the Government of the Turkish Republic of Northern Cyprus as April 22, 2021 (Number of Decisions: 3911)
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UKRAINE
Ukraine introduces new import ban on a wide range of products originating from Russia
On 13 April 2021, a new import ban will come into effect on 24 new categories of products originating from the Russian Federation. The Cabinet of Ministers of Ukraine adopted Resolution 269 amending the list of products prohibited for import into Ukraine from the Russian Federation, which was previously approved by its Resolution No. 1147 dated 30 December 2015 "On Banning the Import of Products Originating in the Russian Federation into the Customs Territory of Ukraine." The new categories of products include, among others:
w heat and a mixture of w heat and rye (meslin)
sunflow er, safflower or cottonseed oils and their fractions (both refined and unref ined)
surfactants (including those packaged for retail trade)
detergents and cleaning products (including those packaged for retail trade)
equipment for drilling rocks or soils, including their parts
certain steel products
certain types of paper and cardboard, including toilet paper and packaging bags
The import ban is effective until 31 December 2021 but will most likely be extended for another year.
In addition, according to Ukraine's deputy minister of economic development, trade and agriculture, the list of products banned for import from the Russian Federation may be further expanded with new products shortly.
Author: Hanna Shtepa.
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 31-03-21 01-04-21 07-04-21 09-04-21
Subject
On amendments to the list of goods, w orks and services necessary for the implementation of measures aimed at preventing the occurrence and spread, localization and elimination of outbreaks, epidemics and pandemics of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine Resolution of the Cabinet of Ministers of Ukraine dd. 31.03.2021 No 272
On amendments to the list of goods prohibited for import into the customs territory of Ukraine originating from the Russian Federation Resolution of the Cabinet of Ministers of Ukraine dd. 01.04.2021 No 269
On amendments to the Procedure for determining goods imported into the customs territory of Ukraine for use in the industrial production of motor vehicles Resolution of the Cabinet of Ministers of Ukraine dd. 07.04.2021 No 320 On the decision of the National Security and Defense Council of Ukraine of March 19, 2021 "On the application and amendment of personal special economic and other restrictive measures (sanctions)" Decree of the President of Ukraine No 151/2021 of 09.04.2021
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Date
Subject
21-04-21
On the decision of the National Security and Defense Council of Ukraine of April 15, 2021 "On the application of personal special economic and other restrictive measures (sanctions)" Decree of the President of Ukraine No.
169/2021 of 21 April 2021
On submission to the Verkhovna Rada of Ukraine of the draft Law of Ukraine
"On w ithdraw al from the Agreement on the creation of the Interstate Reserve of
Biopreparations and Other Means of Animal Protection in the States - Partici-
pants of the Commonw ealth of Independent States" Ordinance of the Cabinet of Ministers of Ukraine No.357- of 21 April 2021
EURASIAN ECONOMIC UNION (EAEU)
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only , and Recommendations having a direct effect on international traders are listed.
Publication Date
Title
Council () of the Eurasian Econom ic Com m ission
14 (05-03-21) On amending the Council of the Eurasian Economic Commis-
sion's decision of November 3, 2016 No. 78 06-04-21 15 (05-03-21) On amending Title I of the plan to develop technical regula-
tions of the Eurasian Economic Union and to amend the technical regulations of
the Customs Union
08-04-21
16 (05-03-21) On setting the import duty rate of the Eurasian Economic Un-
ion's Single Customs Tariff on oxalic acid, its salts and complex esters 19 (05-03-21) On the basic technological organizational model of the system
for marking goods by means of identification in the Eurasian Economic Union
23 (05-04-21) On approval of the Regulations on the Eurasian part of the
15-04-21 Joint Commission established in accordance w ith Article 12.1 of the Agreement
on Trade and Economic Cooperation betw een the Eurasian Economic Union
and its member states, on the one hand, and the People's Republic of China,
on the other hand, dated May 17, 2018 26 (05-04-21) On amending the list of goods in respect of w hich the Repub-
lic of Kazakhstan, in accordance w ith the obligations assumed as a condition
for joining the World Trade Organization, applies import customs duty rates that
are low er than those of the Eurasian Economic Union Common Customs Tariff,
19-04-21
and the amount of such duty rates for certain types of raw materials of mineral origin containing precious metal or compounds of precious metals
30 (05-04-21) On the establishment of the rates of import customs duties of
the Unified Customs Tariff of the Eurasian Economic Union for certain types of
epoxy and polyurethane resins in primary forms for the production of optical fi-
bers
31 (05-04-21) On the draft decision of the Eurasian Intergovernmental Coun-
27-04-21 cil "On the Main Directions of Industrial Cooperation w ithin the Eurasian Eco-
nomic Union until 2025"
Board () of the Eurasian Econom ic Com m ission
37 (30-03-21) On the classification of the mobile robotics complex in accord-
ance w ith the single Product line of foreign economic activity of the Eurasian
02-04-21
Economic Union 38 (30-03-21) On the classification of drugs containing deproteiized hemodi-
alysis from the blood of calves, in accordance w ith the single Product of For-
eign Economic Activities of the Eurasian Economic Union
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Publication Date
Title
06-04-21 09-04-21 16-04-21 23-04-21 29-04-21
5 (19-01-21) On approval of the list of violations of the requirements for the
production of jew elry and other products moved from one member state of the
Eurasian Economic Union to another, in respect of w hich information is ex-
changed betw een the bodies of the member states authorized to regulate the
production, use and circulation of precious metals and precious stones, as w ell
as products from them 39 (06-04-21) On the transitional provisions of the technical regulations of the Eurasian Economic Union "On the requirements for trunk pipelines for the transportation of liquid and gaseous hydrocarbons " (TP EAEU 049/2020) 40 (06-04-21) On amendments to the Decision of the Board of the Eurasian
Economic Commission dated January 19, 2016 No. 5 41 (06-04-21) On amendments to the Regulation on the specifics of customs
control of the customs value of goods imported into the customs territory of the
Eurasian Economic Union 42 (06-04-21) On Amending the Procedure for Deferred Determination of the
Customs Value of Goods 43 (06-04-21) On amendments to some decisions of the Customs Union
Commission and the Board of the Eurasian Economic Commission 44 (06-04-21) On amendments to the list of individual goods, in respect of
w hich the rates of import customs duties are applied in accordance w ith the
Free Trade Agreement betw een the Eurasian Economic Union and its member states, on the one hand, and the Socialist Republic of Vietnam, on the other
hand, dated May 29, 2015 years, and the size of such rates 45 (13-04-21) On setting the import duty rate of the Eurasian Economic Un-
ion's Single Customs Tariff on the substmark for the lining of aluminum electro-
lyzers 46 (13-04-21) On setting the import duty rate of the Eurasian Economic Un-
ion's Single Customs Tariff on optical glass rods 47 (20-04-21) On making changes to the single product range of foreign
economic activity of the Eurasian Economic Union and the Single Customs Tar-
iff of the Eurasian Economic Union for certain types of light-emitting diode
lamps (LED) 48 (20-04-21) On amending the Rules for the Implementation of State Con-
trol of Gemstones 49 (20-04-21) On the extension of the anti-dumping measure against some
types of steel pipes originating from Ukraine and imported into the customs ter-
ritory of the Eurasian Economic Union 50 (20-04-21) On the classification of a self -propelled ice-filling machine in
accordance w ith the single Product line of foreign economic activity of the Eura-
sian Economic Union 51 (27-04-21) On making changes to the technical task of providing services
for the development and implementation of the Eurasian netw ork of industrial
cooperation, subcontracting and technology transfer 52 (27-04-21) On the extension of the anti-dumping measure against steel
seamless pipes used for the drilling and operation of oil and gas w ells originat-
ing from the People's Republic of China and imported into the customs territory
of the Eurasian Economic Union, and recognition of the decision of the Eura-
sian Economic Commission Board of August 11, 2020 No. 98 53 (27-04-21) On the establishment for 2021 of tariff quotas for certain types
of goods originating from the Republic of Serbia and imported into the territory
of the member states of the Eurasian Economic Union, and on amending the
decision of the Eurasian Economic Commission Board of November 6, 2014
No. 199
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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 21 April 2021. The table lists the tariff codes, a description, rationale (GRIs) for the decision.
RUSSIAN FEDERATION
Russia introduces restrictions on the activities of foreign auditors
Under Decree of the Government of the Russian Federation No. 622 dated 19 April 2021 "On restrictions on the provision of information and documentation to an audit organization, an individual auditor" ("Decree"), starting from April 29, 2021, a wide list of audited Russian entities will cease to disclose information, that is normally subject to mandatory disclosure requirements, to audit organizations which are owned or controlled by foreign individuals, stateless persons, foreign legal entities, international companies or are part of the same group with such persons ("Foreign auditors").
In a nutshell, by virtue of the Decree Russian persons that are subject to restrictive measures (such as foreign sanctions) or which are otherwise prohibited from disclosing their ownership and other sensitive information (e.g. enterprises from the Russian defense sector, strategic banks, etc.) shall not disclose the said information, such as their shareholding and management structure, information on affiliated persons, information on the issuer's subsidiaries, to Foreign auditors. In particular, the following categories of Russian persons are covered by the Decree: (1) issuers of securities that are subject to restrictive measures or may be subject to restrictive measures resulting from the disclosure of sensible information, (2) banks that are subject to restrictive measures, (3) non-bank credit institutions and specialized depositories and insurers whose shareholders are subject to restrictive measures, etc.
The types of information not subject to disclosure may differ depending on the activities carried out by the organization. For example, banks that are subject to restrictive measures or related to the Russian defense sector will no longer disclose information about their owners and members of management bodies to Foreign auditors.
The full list of information that shall not be disclosed to Foreign auditors are specified in the Decree.
Author: Alexander Bychkov
NORTH AFRICA
Manufacturing and marketing of pharmaceutical products in Francophone Africa
The April 2021 edition of our Francophone Africa Newsletter authored by Celine van Zeebroeck, Richard Mugni, Fabien Hecquet, Keltoum Boudribila and Marilyn Batonga is now available.
2021 has been a transformative year for the healthcare and life sciences industry, including for the Francophone African jurisdictions and for pharmaceutical companies sharing an interest in the region.
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The newsletter aims to share legal insights and provide practical guidance in the context of today's evolving world. It sets out an analysis of the rules governing the manufacture and marketing of pharmaceutical products in seven Frenchspeaking African countries (Algeria, Morocco, Tunisia, Cte d'Ivoire, Senegal, Gabon and Rwanda) and includes an overview of the applicable rules on distributors and wholesalers, imports and exports of medicines, advertising and promotion, the marketing authorization process as well as pricing and reimbursement of medicines.
AFRICA (EXCEPT NORTH AFRICA)
SOUTH AFRICA
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Date
Publication Details
01-04-21
GG.44383 R.305
GG.44410 R.308
GG.44410 R.311
01-04-21 GG.44410 R.310
GG44410 R.312
GG.44384 R.304
Subject
Implementation Date
Promulgation of rules to section 58A of the Customs and Excise Act, 1964, to implement anti-forestalling measures in respect of anticipated increases in excise duties DAR208 Notice R.305
Amendment to Part 3F of Schedule No. 1, by an increase of 5.2 per cent in the rate of environmental levy on carbon dioxide equivalent from R127 to R134 per tonne, to give effect to the Budget proposals announced by the Minister of Finance on 24 February 2021 Notice R.308
Amendment to Part 5A of Schedule No. 1, by an increase of 15c/li in the rate of the general fuel levy from 370c/li to 385c/li and 355c/li to 370c/li on petrol and diesel respectively, the substitution to Note 8 as w ell the increase of 1c in the carbon fuel levy from 7c/li to 8c/li for petrol and from 8c/li to 9c/li for diesel, respectively, to give effect to the Budget proposals announced by the Minister of Finance on 24 February 2021 Notice R.311
Amendment to Part 5B of Schedule No. 1, by an increase of 11c/li in the RAF levy from 207c/li to 218c/li on both petrol and diesel, to give effect to the Budget proposals announced by the Minister of Finance on 24 February 2021 Notice R.310 Amendment to Part 3 of Schedule No. 6, as a consequence of the increase in the fuel and RAF levy as announced by the Minister of Finance in his budget speech of 24 February 2021; the diesel refund provisions are adjusted accordingly Notice R.312
Imposition of provisional payment in relation to antidumping against the alleged dumping of pasta originating in or imported from Egypt, Latvia, Lithuania and Turkey classifiable in tariff heading 1901.11 and 1901.12 ITAC Report No. 655 Notice R.304
01-04-21
With retrospective effect from 01-01-21
With effect f rom 07-04-21
With effect f rom
01-04-21 up to and including 16-09-21
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Date
Publication Details
GG.44428 R.328
09-04-21
GG.44428 R.329
GG.44473 R.369
GG.44473 R.368
GG.44473 R.367
GG.44473 R.366 23-04-21
GG.44473 R.365
GG.44473 R.364
GG.44473 R.363
GG.44473 R.362
Subject
Implementation Date
Amendment to rules under sections 54AA and 120 Substitution of the DA180 carbon tax account (DAR 209) Notice R.328 DA 180 Environmental Levy Account for Carbon Tax (Front page) Completion Notes to the DA 180 Amendment to Part 1 of Schedule No.1, by the amendment of various tariff subheadings under Chapter 49 as w ell as the insertion of Additional Note 6, in order to create separate 8-digit tariff subheadings for banknotes, postage stamps and revenue stamps Notice R.329 Amendment to Paragraph 8 of Schedule No 1 to the VAT Act, 1991, as a consequence to the amendment to Schedule No. 4 of the Customs and Excise Act, Act 91 of 1964, in order to regulate purchases made by diplomats at licensed special shops Notice R.369
Amendment to Part 1 of Schedule No. 4, by the substitution of Notes to rebate item 406.00 as w ell as the amendment of various items under 406.02, 406.03, 406.05 and 406.07, in order to regulate purchases made by diplomats at licensed special shops Notice R.368
Amendment to Part 1A of Schedule No. 6, as a consequence to the amendment of Notes to rebate item 406.00 in Part 1 of Schedule No. 4 as w ell as the removal of the reference to rebate item "406.01" applicable to the President Notice R.367 Amendment to Part 1B of Schedule No. 6, as a consequence to the amendment of Notes to rebate item 406.00 in Part 1 of Schedule No. 4 as w ell as the removal of the reference to rebate item "406.01" applicable to the President Notice R.366 Amendment to Part 1C of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4, the removal of the reference to rebate item "406.01" applicable to the President as w ell as the substitution of Note 8 to item 620.24, to amend the reference "customs and excise manufacturing w arehouse (VM)" w ith "customs and excise special manufacturing w arehouse (SVM)" Notice R.365 Amendment to Part 1D of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 as w ell as the removal of the reference to rebate item "406.01" applicable to the President Notice R.364
Amendment to Part 1E of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 as w ell as the removal of the reference to rebate item "406.01" applicable to the President Notice R.363
Amendment to Part 1F of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule
09-04-21
With effect f rom
01-07-21
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Date
Publication Details
GG.44473 R.361
GG.44473 R.360
23-04-21
GG.44473 R.370
30 04-21 GG. R.
Subject
Implementation Date
No. 4 as w ell as the removal of the reference to rebate item "406.01" applicable to the President Notice R.362 Amendment to Part 2 of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 in order to remove the reference to the President Notice R.361
Amendment to Part 3 of Schedule No. 6, as a consequence to the amendment of Notes to rebate item 406.00 Notice R.360 Amendment to rules under section 120 Registration forms for activities in relation to marked goods and certain goods free of duty contemplated in section 37A of the Customs and Excise Act, 1964. (DAR210) Notice R.370 DA 185 Application form Registration/Licensing of Customs and Excise Clients DA 185.4A18 Registration Client Type 4A18 To be in posession of and to use goods consisting of a mixture w hich includes marked goods DA 185.4A19 Registration Client Type 4A19 Supply of aviation kerosene and or aviation spirit DA 185.4A20 Registration Client Type 4A20 Producer of goods not capable of use in any engine
Amendment of rules under sections 59A and 60 to provide for the next phase in the development of the electronic system for the submission of applications for registration and licensing and consequential amendments (DAR211) Notice DA 185.4A11 Registration Client Type 4A11 SEZ and or designation of a CCA DA 185.4B3 Licensing Client Type 4B3 Storage w arehouse DA 185.4B4 Licensing Client Type 4B4 Special storage w arehouse DA 185.4B15 Licensing Client Type 4B15 Searcher of or searching for w reck Publication details w ill be made available later
23-04-21
With retrospective ef-
fect from 23-04-21
OTHER AFRICAN COUNTRIES (EXCEPT NORTH AFRICA)
Manufacturing and marketing of pharmaceutical products in Francophone Africa
Please see article in the North Africa section above
NEWSLETTERS, REPORTS, ARTICLES, ETC.
Baker & McKenzie Global Indirect Tax Newsletter
Baker & McKenzie's Global Indirect Tax Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global Indirect Tax Newsletter are:
Jochen Meyer-Burrow , Partner, jochen.meyer-burow @bakermckenzie.com
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Martin Moraw ski, Associate, martin.moraw [email protected] mckenzie.com
Publications, Alerts, Newsletters
The following Baker McKenzie publications, client alerts, legal alerts, newsletters or postings released during the period of coverage of this Update may be of interest to you:
Title
Global International Trade Compliance Update April 2021
{older issues}
Thailand Client Alert: Thai Customs sharply focused on post-clearance audits and post-re-
view activities
Francophine Africa New sletter (April 2021) Manufacturing and marketing of pharmaceuti-
cal products in Francophone Africa
Check https://w ww.bakermckenzie.com/en/insight for copies of Insight articles and client
alerts
WEBINARS, MEETINGS, SEMINARS, ETC.
Join us for our 18th Annual Global Trade and Supply Chain Webinar Series entitled, "International Trade & Developm ents in a World Focused on Recovery & Renew al," w hich includes the latest international trade developments including updates on Trade Wars,
Trade Agreement negotiations and key customs, export controls and sanctions
developments. In addition to our usual topics of Customs and export controls/sanctions, w e have also covered Foreign investment review regimes around the w orld. This year 's
remaining w ebinars w ill cover export controls and sanctions, an overview of customs and
imports developments in the Latin America, EU, Middle East and Russia, and managing
emerging compliance risks. Recordings w ill be available approximately tw o w eeks after the
presentation. When a recording is available, the title w ill be show n in Blue.
This year, w e expanded our program of basic customs w ebinars to cover the areas of export
controls and sanctions. The Basic program is primarily aimed at participants w ho are new to Global Trade and/or those w ho w ould like a refresher.
Supply Chain: Env ironmental and Human Rights Due Diligence
Wednesday, January 27
Speakers: Aleesha Fowler (New York), Ulrich Ellinghaus
(Frankfurt), Graham Stuart (London), and Francesca Richmond (London)
Register Now
Moderator: Kerry Contini (Washington, DC)
Trade Focus on China
Tuesday, February 23
Speakers: Jon Cowley (Hong Kong), Eunkyung Kim Shin (Chicago), and Jessica Mutton (London)
Moderator: Lise Test (Washington, DC)
Register Now
International Trade Compliance Update | May 2021
73
Tuesday, March 23
Tuesday, April 27
Tuesday, May 25
Tuesday, June 29
Tuesday, July 27
Baker McKenzie
Trade Dev elopments Under the New Biden Administration and Brexit
Speakers: Sylwia Lis(Washington, DC), Lise Test/Inessa Owens (Washington, DC), Eunkyung Kim Shin (Chicago), and Christine Streatfeild (Washington, DC)
Moderator: Jenny Revis(London)
Future of the WTO, Trade Remediesand Trade Wars
Speakers: Kevin O'Brien (Washington, DC), Pablo Bentes (Geneva), and Andrew Rose/Sven Bates (London)
Moderator: Christine Streatfeild (Washington, DC)
Hot Topics on Sanctions (Focus on US, Canada, UK, EU and Middle East)
Speakers: Brian Cacic (Toronto),Olof Konig (Stockholm), Callie Lefevre (Washington, DC), and Samir Safar-Aly (Du b a i )
Moderator: Sunny Mann (London)
Foreign Inv estment Rev iew Trends (Focus on US, UK, Germany and Spain)
Speakers: Sylwia Lis(Washington, DC),Tristan Grimmer / Ross Evans(London), Anahita Thoms(Dusseldorf), and Valeria Enrich (Barcelona)
Moderator: Rod Hunter (Washington, DC)
Hot Topics for Customs Audits (Focus on US, Canada, Mexico, EU, UK, Russia and Asia-Pacific)
Speakers: Nicole Looks(Amsterdam)/Alexandra Alberti (London), Mariana Rojas-Islas(Mexico City),Paul Burns (Toronto), Ivy Tan (Kuala Lumpur), and Vladimir Efremov (Moscow)
Moderator: John McKenzie (San Francisco)
Register Now
Register Now
Register Now
Register Now
Register Now
August
Vacation Break
Tuesday, September 28
Tuesday, October 26
Hot Topics on Export Controls (Focus on US, China, EU, UK and Russia)
Speakers: Ben Smith (London), DerkChristiaans(Amsterdam), Weng Keong Kok (Hong Kong), and Alexander Bychkov (Moscow)
Moderator: Megan Hamilton (Chicago)
Global FTAs dev elopments (Focus on Africa, EU, UK, and Latin America)
Speakers: Virusha Subban (Johannesburg), Kevin Nordin (London), Alessandra S. Machado (Sao Paulo), Kelvin Hong (Kuala Lumpur), and Hania Negm (Cairo)
Moderator: Adriana Ibarra-Fernandez (Mexico City)
November (Dates Year-End Rev iew of Import/Export Dev elopments TBD)
Webinar Start Time: *see timeanddate.com for time in your location. 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago 11:00 AM (Eastern) - DC 4:00 PM (GMT) - London
Register Now
Register Now
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Baker McKenzie
5:00 PM (CET) - Frankfurt 12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo
Duration: 90 Minutes
Login Details: Log-in detailswill be sent via email one weekbefore the event.
Co-Chairs: Adriana Ibarra-Fernandez, Partner, Mexico City, T +52 55 5279 2947 Email
Sylw ia Lis, Partner, Washington, DC, T + 202 835 6147 Email
Jennifer F. Rev is, Partner, London, T +44 20 7919 1381 Email
Questions: Sal Gonzalez, Business Development Specialist, T +1 202 835 1661 Email
These w ebinars are all complimentary and you can sign-up for as many as you w ould like.
MCLE Credit: Pending for 1.5 general California CLE credits, 1.5 general IllinoisCLE credits, 1.5 areas of professional practice New York CLE credits, and 1.5 general TexasCLE credits. Participantsrequesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP isa California and Illinois CLE approved provider. Baker & McKenzie LLP hasbeen certified by the New YorkState CLE Board asan accredited provider in the state of New York for the period 12/12/18-12/11/21. Thisprogram isappropriate for both experienced and newly admitted New Yorkattorneys. Baker & McKenzie LLP isan accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
A uniform certificate for 1.5 CPE creditswill be provided to participantsfor CPE credit applications.
**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.
These webinarsare pending for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc.
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Asia Pacific International Commercial and Trade Webinar Series December 2020 January 2021 | 11:00 am 12:00 pm (GMT+8)
We are pleased to present the Asia Pacific Trade Webinar Series which focused on the Nuts and Bolts of Trade Compliance and delivered practical guidance and on-
the-ground insights from our teams in Asia Pacific.
This program featured overarching customs developments and highlights on specially regulated goods. Key themes included:
Significant changes to customs clearance requirements
Customs enforcement and audit priorities
Changes in import and export controls/prohibitions and specific permitting or licensing requirements
Other jurisdictional specific updates, such as: o COVID regulation special measures
o Government trade incentive programs
o FTA developments, including the RCEP Agreement
o Trade war tensions o Sanctions developments o New regulatory regimes impacting supply chains
o Regulatory reforms in development
If you have any questions relating to the webinars, please contact Sharon
How or Amanda Murillo. Recordings are available as follows (original dates are shown as well).
December 2020 Sessions
Jurisdictional Updates Original Date
Singapore
Thursday, 3 December Singapore recording
Vietnam
Tuesday, 8 December Vietnam recording
Malaysia
Thursday, 10 December Malaysia recording
Thailand
Tuesday, 15 December Thailand recording soon
Indonesia
Thursday, 17 December Indonesia recording soon
January 2021 Sessions
Jurisdictional Updates
Original Date
Australia
Tuesday, 19 January Register
Philippines
Thursday, 21 January Register
China/Hong Kong Tuesday, 26 January Register
Japan
Thursday, 28 January Register
Asia Pacific Key Contacts
Australia:
Anne Petterd (Partner)
China/Hong Kong
Jon Cowley (Registered Foreign Lawyer)
Indonesia
Riza Buditomo (Partner)
Japan
Junko Suetomi (Partner)
Malaysia
Adeline Wong (Partner)
Philippines
Ronald Bernas (Partner)
Singapore
Ken Chia (Principal)
Taiwan
Chris Tsai (Partner)
Thailand
Panya Sittisakonsin (Partner)
Vietnam
Thanh Vinh Nguyen (Partner)
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The Ever-Changing International Trade Landscape
Our Virtual Global Trade Conference was held on July 14-16, 2020. Below you will find links to the recordings and materials from the conference. Please let us know if you have any additional feedback on the sessions. Thank you for joining us virtually this year!
Day One - July 14, 2020 Current Trade and Investment Landscape o Click here to view the recording o Presentation Slides USMCA and Future US/UK Trade o Click here to view the recording o Presentation Slides Import Developments o Click here to view the recording o Presentation Slides
Day Two - July 15, 2020 Export Control Developments o Click here to view the recording o Presentation Slides Economic Sanctions Developments o Click here to view the recording o Presentation Slides Export Sanctions Enforcement o Click here to view the recording o Presentation Slides
Day 3 - July 16, 2020 The View from China and Hong Kong o Click here to view the recording
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o Presentation Slides Rebuilding Supply Chains
o Click here to view the recording o Presentation Slides
Supplemental Links Speakers Bios
Baker McKenzie
Welcome to our first Virtual Year-End Review of Import/Export Developments Conference, a virtual offering for all our clients and friends worldwide. Baker McKenzie's international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine one-hour sessions which took place from 17 to 19 November 2020.
Below you will find the topics discussed in each of the sessions. To see the recordings, please click here.
Day One - Novem ber 17, 2020 Introduction and Overview Topics discussed:
Current Worldw ide Trade & Investment Environment New Administration's Trade Policy Objectives and Prospects Foreign Investment Regulatory Developments
Speakers: John McKenzie, Mattias Hedw all, Rod Hunter, Anahita Thoms, Junko Suetomi, Ben Smith
Export Control Developm ents Topics discussed:
The Military End-User Licensing Requirements for China, Russia and Venezuela The New "Foreign Direct Product" Rule Entity List Restrictions Change in the Status of Hong Kong for Export Control Purposes Update on the Emerging and Foundational Technologies Export Control Initiative European Union Export Control Developments The Export Control Implications of Brexit
Speakers: Nick Cow ard, Alison Stafford Pow ell, Paul Amberg, Ben Smith
Focus on China Topics discussed:
The Chinese National Security Law and Hong Kong The New Chinese Export Control Regulations and Update on the China Technology
Transfer Catalogue
The Regulations Implementing China's "Unreliable Entity List"
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Executive Order 13943: Securing the Information and Communications Technology
and Services Supply Chain
Section 889 of the NDAA for 2019: U.S. Government restrictions on procurement of
"covered telecommunications equipment and services" from specified Chinese suppliers
Human Rights Abuses involving Minority Population of Xinjiang Province Status Report and Prospects of the "Phase One Trade Agreement"
Day Tw o - Novem ber 18, 2020
Econom ic Sanctions Developm ents Topics discussed:
Hong Kong Autonomy Act Iran Sanctions Update on Venezuelan Sanctions Update on Russian Sanctions Emerging Sanctions Issues: Cybersecurity, Human Rights, Election Interference OFAC Developments Status Report on Pending Litigation under the Helms-Burton Act involving
investments in Cuba Speakers: Alison Stafford Pow ell, Janet Kim, Alex Lamy, Ben Smith, Vladimir Efremov
Export Control and Econom ic Sanctions Enforcem ent Developm ents Topics discussed:
Department of Justice Voluntary Disclosure Guidelines Recent Export Control and Economic Sanctions Enforcement Actions EU Economic Sanctions Enforcement Actions Handling an Export Control or Economic Sanctions Enforcement Investigation The Role of Banks in Economic Sanctions Enforcement
Speakers: Alison Stafford Pow ell, Jessica Nall, Terry Gilroy, Tristan Grimmer
Trade Agreem ents Developm ents Topics discussed:
USMCA Brexit Prospects for a United States-United Kingdom Free Trade Agreement Transpacific Partnership (w ithout the United States)
Speakers: John McKenzie, Adriana Ibarra, Stuart Seidel, Paul Burns, Jenny Revis
Day Three - Novem ber 19, 2020
Im port and Custom s Developm ents: United States Topics discussed:
Overview of United States Customs Developments Update on Section 301 Duties on Products of China The Digital Services Tax Dispute Transfer Pricing and Customs Valuation
Speakers: John McKenzie, Stuart Seidel, Christine Streatfeild, Juliana Marques
Im port and Custom s Developm ents: International Topics discussed:
European Customs Developments Import Developments in North America Compliance Challenges in Importing into Brazil Asia/Pacific Customs Developments
Speakers: John McKenzie, Jenny Revis, Brian Cacic, Jose Hoyos, Alessandra Machado, Ivy Tan, Junko Suetomi
Rebuilding International Supply Chains Topics discussed:
Continued Pressure to Reduce Dependency on China Forced Labor and Modern Slavery and Trafficking Legislation
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Screening Parties against the OFAC SDN List Compliance Challenges and Due Diligence of Suppliers and Customers under the
FCPA
Supply Chains Reimagined and the "Extended Enterprise"
Speakers: Alison Stafford Pow ell, Anne Petterd, Aleesha Fow ler, Kerry Contini, Helena Engf eldt
Join us for our 17th Annual Global Trade and Supply Chain Webinar Series entitled, "International Trade: Basics and Trends" which includes the latest international trade developments and updates on Trade Wars, Brexit, Trade Agreement negotiations and key Customs, Export Controls and Sanctions developments. In addition to our usual topics of Customs and Export Controls/Sanctions, we will also cover Foreign Investment Review regimes around the world.
Our program of basic webinars will cover the areas of Customs, Export Controls and Sanctions. These webinars (dates highlighted in blue) are primarily aimed at participants who are new to Global Trade and/or those who would like a refresher.
All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run for 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.
Details
Webinar Start Time: 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago 11:00 AM (Eastern) - DC 4:00 PM (GMT) - London 5:00 PM (CET) - Frankfurt 12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo *see timeanddate.com for time in your l o ca ti o n.
Duration: 90 Minutes
Login Details: Log-in detailswill be sent via email one week before the event.
Webinar Series Lead: Adriana Ibarra-Fernandez Partner, Mexico City T +52 55 5279 2947
Sylw ia Lis Partner, Washington, DC T + 202 835 6147 Jennifer F. Rev is Partner, London T +44 20 7919 1381
All webinars are complimentary and you can sign-up for as many as you would like.
These w ebinars are all complimentary.
DatDate
Topic and Speakers
US, Brazil, EU China Trade Policy and FTA Update plus Brexit
REGISTER NOW!
Tue s day, January 28
Speakers: Stu Seidel (Washington, DC), Marcelle Silbiger (Sao Paulo), Jon Cowley
(Hong Kong), Jenny Revis(London), Pablo Bentes(Geneva) and Meera Rolaz
(London)
Questions: If y ou hav e any questions regarding this
webinar series, please contact:
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Tue s day, February 25
Tue s day, March 31
Tue s day, April 28
Tue s day, May 19
Basic: How to Classify Your Products (Customs)
Speakers: Jose Hoyos-Robles(Mexico City), John Foote (Washington, DC), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta)
Foreign Inv estment Rev iew Regimes Around the World: Focus on US, UK, Germany, Italy, and Canada
Speakers: Sylwia Lis(DC), Ross Evans (London), Anahita Thoms(Dusseldorf), Antonio Lattanzio (Rome), Yana Ermak (T oronto) Moderator: Rod Hunter (DC)
Basic: Key Compliance Issues under US, EU, and China Export Controls
Speakers: Lise Test (Washington, DC), Ben Smith (London), Jenny Pan (Shanghai) )and Akash Sikka (London)
Restricted Parties Screening: Compliance Issues and Best Practices under US, EU, and Canadian Trade Sanctions and Export Controls
Speakers: Meghan Hamilton (Chicago), Ross Denton (London), Quentin Vander Schueren (Toronto)
Sal Gonzalez Business Dev elopment Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com
MCLE Credit:
Applied f or 1.5 general Calif ornia CLE credit, 1.5 general Illinois CLE credit, 1.5 areas of prof essional practice New Y ork CLE credit, and 1.5 general Texas CLE credit. Participants requesting CLE f or other states will receiv e Unif orm CLE Certif icates. Baker & McKenzie LLP is a Calif ornia and Illinois CLE approv ed prov ider. Baker & McKenzie LLP has been certif ied by the New Y ork State CLE Board as an accredited prov ider in the state of New Y ork f or the period 12/12/18-12/11/21. This program is appropriate f or both experienced and newly admitted New Y ork attorney s. Baker & McKenzie LLP is an accredited sponsor, approv ed by the State Bar of Texas, Committee on MCLE.
**While CLE credit may be pre-approv ed in certain jurisdictions, f inal CLE accreditation approv al is anticipated, but not guaranteed.
Thur s day June 4
USMCA: How to Claim Preferential Tariff Treatment (Part 1) Speakers: Paul Burns (Toronto), Adriana Ibarra (Mexico City), John Foote (Washington
Thur s day June 11
Thur s day June 18
Tuesday, June 23
Tuesday, July 28
Tuesday, August 25
USMCA: How to Claim Preferential Tariff Treatment (Part 2) Speakers: Eunkyung Kim Shin (Chicago), Jose Hoyos-Robles (Mexico City), Quentin Vander Schueren (T oronto)
USMCA: Labor Rulesand Trade Remedies (Part 3) Speakers: John Foote (Washington), Liliana Hernandez-Salgado (Mexico City), Salvador Pasquel-Villegas (Mexico City), Kevin Coon (Toronto)
Basic: How to v alue your products (Customs) Speakers: Kevin Nordin (London); Jaap HuengesWajer (Amsterdam); John McKenzie (San Francisco); Ivy Tan (Kuala Lumpur) What you need to know about importing into Africa, China, Russia and the Middle East (Customs) Speakers: Virusha Subban (Johannesburg), Tina Li (Shanghai), Vladimir Efremov (Moscow), and Laya Aoun Hani (Dubai)
Basic: Key Compliance Issues under US, EU, and Canada trade Sanctions Speakers: Callie LeFevre (Washington, DC), Sven Bates(London), Quentin Vander Schueren (Toronto)
Applied f or 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc.
Interested in learning more?
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Tuesday, September 29
Tuesday, October 27
Customs Audits and Latest Customs Dev elopments
Speakers: Andrea Dieguez (Mexico City) Nicole Looks(Frankfurt), Kelvin Hong (Kuala Lumpur), John Foote (Washington, DC)
Basic: How to determine the origin of your products (Customs) Speakers: Jessica Mutton (London), Mariana Rojas(Mexico City), Eukyung Kim Shin (Chicago), Weng Keong Kok(Hong Kong)
To register for this com plim entary w ebinar series, click on the Register Now button above and provide your information. You can register for one or all w ebinars.
Tuesday, November 24
Tuesday, December 15
Hot Topics in US, EU, Russian Trade Sanctions and Export Controls Speakers: Inessa Owens (Washington, DC), Derk Christiaans(Amsterdam), Julian Godfray (London), Alexander Bychkov (Moscow)
What you need to know about importing into Mexico, Brazil and Argentina (Customs) Speakers: Veronica Rejon (Guadalajara), Alessandra Machado (Sao Paulo), and Esteban Ropolo (BuenosAires
WTO COVID-19 Trade and Trade-Related Measures
The WTO has created a dedicated page on the WTO website to provide up-tothe minute trade-related information including relevant notifications by WTO members, the impact the virus has had on exports and imports and how WTO activities have been affected by the pandemic. The following list contains notifications posted by the WTO after 31 March, 2021. For earlier notifications see the WTO webpage. (dd-mm-yyyy)
Date
Member
31-03-21 United States
06-04-21
Mexico Canada
08-04-21 Brazil
United Kingdom Canada 11-04-21 Brazil United States
Measure
China's COVID-19 related trade actions against food and agricultural products (G/SPS/GEN/1900)
Los productos desinfectantes de manos con base en alcohol deben cumplir con determinadas especificaciones tcnicas que permitan su eficacia ante el virus SARS-CoV2 (COVID19), sin representar un riesgo a la salud de la poblacin usuaria (G/TBT/N/MEX/494) Regulations Amending the Food and Drug Regulations (Interim Order Respecting the Importation, Sale and Advertising of Drugs for Use in Relation to COVID-19) (G/TBT/N/CA N/637)
ANVISA issued RDC No. 489, 7 April 2021, that amends the Collegiate Board Resolution - RDC No. 483, of 19 March 2021, previously notified through G/TBT/N/BRA/1154, which provides, in an extraordinary and temporary way, on the requirements for the importation of new medical devices and medic ines identified as priorities for use in health services, due to the international public health emergency related to SARS-CoV-2. (G/TBT/N/BRA/1154/Add.1)
Covid-19 Detection Test Regulation (G/TBT/N/GBR/39) The attached revised notification from Canada includes updates on permanent and temporary trade-related measures taken to mitigate the negative impacts of the COVID-19 crisis. (G/TFA/N/CAN/1/Rev.1) Resolution RDC number 453, 17 December 2021 previously notified through G/TBT/N/BRA/1120 w hich provides for the rules for conducting clinical trials w ith advanced investigational therapy product in Brazil, and provides other measures, w as rectified (G/TBT/N/BRA/1120/Add.1) Notice of proposed rulemaking - The Consumer Product Safety Commission (Commission or CPSC) is proposing to codify in the Code of Federal Regulations the statutory requirements
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Date
Member
12-04-21 United States
Baker McKenzie
Measure
for the flammability of upholstered furniture under the COVID-19 Regulatory Relief and Work From Home Safety Act. (G/TBT/N/USA/1716) The Consumer Product Safety Commission (Commission or CPSC) is issuing a direct final rule to codify in the Code of Federal Regulations the statutory requirements for the flammability of upholstered furniture under the COVID-19 Regulatory Relief and Work From Home Safety Act. This Act mandates that CPSC promulgate California Technical Bulletin 117-2013 as a flammability standard for upholstered furniture under section 4 of the Flammable Fabrics Act. (G/TBT/N/USA/1716/Add.1)
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.
Member
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
Argentina Argentina Argentina Argentina Argentina Australia
Australia
Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of
ARG/418 ARG/419 ARG/420 ARG/421 ARG/422 AUS/126/Add.1
AUS/129
BHR/596 BHR/597 BHR/598
04/20/2021 05/20/2021 Artisan bread (HS 1905)
04/20/2021 05/20/2021 Honey products (HS 0409)
04/20/2021 05/20/2021 Preserved vegetables (HS 20)
04/20/2021
05/20/2021
Perennial glassw ort (Sarcocornia perennis (Miller) A.J. Scott) (HS 07)
04/21/2021 05/21/2021 Technology adjuvants: Enzymes
04/01/2021 04/30/2021
Not given 06/29/2021
Medicines; PHARMACEUTICAL PRODUCTS (HS 30)
Projectile toys - a projectile toy is a product that is designed or clearly intended for use in play by a child under 14 years of age that is capable of launching a projectile. The safety standard captures tw o types of projectile toys: - projectile toys w ith stored energy, w here the projectile is propelled by means of a discharge mechanism capable of storing and releasing energy such as toy 'nerf' guns and spring-loaded devices; - projectile toys w ithout stored energy w here the projectile is discharged by the energy imparted by the user, such as a bow and arrow set. The safety standard does not apply to toys that are designed to fly, such as remote control helicopters or aeroplanes. TOYS, GAMES AND SPORTS REQUISITES; PARTS AND ACCESSORIES THEREOF (HS 95)
04/01/2021 05/31/2021 Single-use plastic bags
04/01/2021 05/31/2021 Plastic products
04/15/2021
06/14/2021
KWS GSO Flexible urethane foam (industrial sponge) and mattresses and pillow s Mad IT
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Member
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
Bahrain, Kingdom of Bolivia Brazil Brazil
Brazil
Brazil
Brazil
Brazil Brazil Brazil Brazil Brazil
BHR/599
04/20/2021 06/19/2021 "Energy drinks"
BOL/3/Add.10 04/27/2021 Not given Processes in the food industry
BRA/396/Add.13 03/31/2021 BRA/533/Add.3 03/31/2021
BRA/1143/Add.1 03/31/2021
BRA/890/Add.1 04/01/2021 BRA/1154/Add.1 04/09/2021 BRA/409/Add.3 04/12/2021 BRA/521/Add.1 04/12/2021 BRA/907/Add.4 04/12/2021
Not given Not given
Not given
Not given Not given Not given Not given Not given
Festive or other entertainment articles, including conjuring tricks and novelty jokes (HS 9505)
Steam or other vapor generating boilers (other than central heating hot w ater boilers capable also of producing low pressure steam); super-heated w ater boilers (HS 8402)
Antibiotics (HS 2941); Medicaments consisting of tw o or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3003); Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses "incl. those for transdermal administration" or in forms or packings for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3004); Wadding, gauze, bandages and the like, e.g. dressings, adhesive plasters, poultices, impregnated or covered w ith pharmaceutical substances or put up for retail sale for medical, surgical, dental or veterinary purposes (HS 3005); Pharmaceutical preparations and products of subheadings 3006.10.10 to 3006.60.90 (HS 3006)
General Regulation of Products and Services under the regulatory scope of Inmetro : Public Call for Comments
Provitamins and vitamins, natural or reproduced by synthesis, incl. natural concentrates, derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, w hether or not in any solvent (HS 2936); Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof "incl. chain modified polypeptides", used primarily as hormones (HS 2937); Antibiotics (HS 2941); PHARMACEUTICAL PRODUCTS (HS 30)
Oven, cooking household stove, cooking appliances etc., for gas fuel (HS 7321.11; 8516.60)
All products that are subject to a Supplier's Declaration of Conformity (SDoC) procedure; Quality management and quality assurance
All products, services and processes that are subject to a conformity assessment procedure; Product and company certification
BRA/1120/Add.1 04/12/2021 Not given HS Code(s): advanced therapy medicinal products
BRA/1158
04/12/2021
05/23/2021
HS 85 ICS 33. Telecommunication equipment; ELECTRICAL MACHINERY AND EQUIPMENT AND PARTS THEREOF; SOUND RECORDERS AND REPRODUCERS, TELEVISION IMAGE AND SOUND RECORDERS AND REPRODUCERS, AND PARTS AND ACCESSORIES OF SUCH ARTICLES (HS 85)
International Trade Compliance Update | May 2021
84
Member
Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil
Brazil
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
BRA/724/Add.3
BRA/497/Add.4 BRA/63/Add.1 BRA/63 BRA/323/Add.8 BRA/344/Add.5
04/14/2021
04/15/2021 04/19/2021 10/07/2002 04/19/2021 04/19/2021
Not given
Not given Not given Not given Not given Not given
Pneumatic tires used on bicycles for adult use (HS 401150) - New pneumatic tyres, of rubber, of a kind used on bicycles.
Metal cooking pots (HS 7323)
High pressure cylinders for methane gas storage (HS Chapter 87) High pressure cylinders for methane gas storage (HS Chapter 87) Transportable containers for liquefied petroleum gas
Systems and equipment for photovoltaic energy
BRA/474/Add.7 04/19/2021 Not given Baby carriages (HS 8715)
BRA/501/Add.4 04/19/2021 Not given Matches (HS 3605)
BRA/512/Add.5 04/19/2021 Not given High feeding chairs, w ith or w ithout trays (HS 9403)
BRA/581/Add.2
04/19/2021
Not given
Furniture of Plastics (monobloc chairs) (HS 9403.70)
BRA/1159
04/19/2021 Not given Products w ith gifts
BRA/441/Add.3 BRA/443/Add.3 BRA/1160
04/20/2021 04/20/2021 04/20/2021
Not given Not given Not given
Sterile hypodermic needles and gum needles for single use (HS 9018.32)
Sterile hypodermic syringes for single use (HS 9018.3)
Measuring Instruments; METROLOGY AND MEASUREMENT. PHYSICAL PHENOMENA, Linear and angular measurements
BRA/1161
04/20/2021 Not given Materialized length measures.
BRA/884/Add.2
04/21/2021
Not given
All measuring instruments covered by the legal metrology that are subject to administrative acts, procedures and requirements that should be used in the model evaluation process
BRA/1009/Add.2 BRA/1134/Add.1
BRA/1162
04/21/2021 04/21/2021
04/22/2021
Not given Regulatory measures
Not given
Safety glass, toughened "tempered", laminated safety glass (excl. multiple-w alled insulating units of glass, glasses for spectacles and clock or w atch glasses) (HS 7007)
05/31/2021
Antibiotics (HS 2941); Medicaments consisting of tw o or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3003); Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses "incl. those for transdermal administration" or in forms or packings for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3004); Wadding, gauze, bandages and the like, e.g. dressings, adhesive plasters, poultices, impregnated or covered w ith pharmaceutical substances or put up for retail sale for medical, surgical, dental or veterinary purposes (HS 3005); Pharmaceutical preparations and
International Trade Compliance Update | May 2021
85
Member
Brazil
Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
BRA/1163
BRA/1164 BRA/1165 BRA/871/Add.1
04/22/2021
04/26/2021 04/26/2021
products of subheadings 3006.10.10 to 3006.60.90 (HS 3006)
06/15/2021
Provitamins and vitamins, natural or reproduced by synthesis, incl. natural concentrates, derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, w hether or not in any solvent (HS 2936); Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof "incl. chain modified polypeptides", used primarily as hormones (HS 2937); Dried glands and other organs for organo-therapeutic uses, w hether or not pow dered; extracts of glands or other organs or their secretions, for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, n.e.s (HS 3001); Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and immunological products, w hether or not modified or obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excl. yeasts) and similar products (HS 3002); Medicaments consisting of tw o or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3003); Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses "incl. those for transdermal administration" or in forms or packings for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3004); Pharmaceutical preparations and products of subheadings 3006.10.10 to 3006.60.90 (HS 3006)
05/31/2021
HS Code(s): Products subject to public health surveillance
07/15/2021
HS Code(s): 2941; 3003; 3004; 3005; (pharmaceutical products)
04/27/2021 Not given Pharmaceutical ingredients HS Codes: 2941; 30
BRA/999/Add.1 04/27/2021 Not given HS Code(s): 10, 2106 (food containing cereals)
BRA/1033/Add.1 BRA/1166 BRA/1167 BRA/1168
04/27/2021 04/27/2021 04/27/2021 04/27/2021
Not given
HS Code(s): 3402; 340119; 340120; 330290 (sanitizing products)
05/14/2021
HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004, 3006 (medical devices)
06/15/2021
HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004, 3006 (medical devices)
05/31/2021
HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004, 3006 (medical devices)
BRA/1169
04/27/2021 06/15/2021 HS Code(s): 2106 (food supplements)
BRA/1170
04/27/2021
06/15/2021
HS Code(s): Products subject to public health surveillance.
BRA/1171
04/27/2021 06/15/2021 HS Code(s): 38089910 (pesticides)
International Trade Compliance Update | May 2021
86
Member
Brazil Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Canada Canada Canada Canada
Canada
Chile China China
China
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
BRA/1120/Add.2 04/30/2021 Not given HS Code(s): advanced therapy medicinal products
BDI/90
04/30/2021 06/29/2021 Animal feeding stuffs (Maize gluten for animal feed)
BDI/91
04/30/2021 06/29/2021 Soil-w orking equipment (Banana seeds)
BDI/92
04/30/2021 06/29/2021 Plant grow ing (Rice seeds)
BDI/93
04/30/2021 06/29/2021 Plant grow ing (Millet seeds)
BDI/94
04/30/2021 06/29/2021 Plant grow ing (Cotton seeds)
BDI/95
04/30/2021 06/29/2021 Plant grow ing (Common bean seeds)
BDI/96
04/30/2021 06/29/2021 Tissue paper (Facial tissue paper)
BDI/97
04/30/2021 06/29/2021 Tissue paper (Paper hand tow el sheets)
BDI/98
04/30/2021 06/29/2021 Tissue paper (Kitchen paper tow el)
BDI/99
04/30/2021 06/29/2021 Tissue paper (Toilet paper)
BDI/100 BDI/101 BDI/102 BDI/103 BDI/104 CAN/637 CAN/638 CAN/621/Add.1 CAN/639
CAN/640
CHL/526/Add.1 CHN/1562 CHN/1563 CHN/1564
04/30/2021 06/29/2021 Tissue paper (Medical tissue paper tow el)
04/30/2021
06/29/2021
Prepackaged and prepared foods (Food grade cassava starch)
04/30/2021 06/29/2021 Prepackaged and prepared foods (Cassava pellets)
04/30/2021 04/30/2021 04/07/2021 04/07/2021 04/20/2021 04/28/2021
04/28/2021
06/29/2021
Prepackaged and prepared foods (High quality cassava flour)
06/29/2021
Prepackaged and prepared foods (Cassava w heat composite flour)
Not given Drugs; Pharmaceutics
Not given
Prescription status of medicinal ingredients for human use; Other (HS 300490); Pharmaceutics
Not given Human milk fortifiers
07/07/2021
Prescription status of medicinal ingredients for veterinary use; Other (HS 300490)
07/03/2021
Consumer paints or other similar surface coating materials; specific consumer products (pencils, artist brushes, furniture and products for children) that have applied to them a paint or other similar surface coating material or a sticker, film or other similar material; Surface treatment and coating, Products of the chemical industry, Paints and varnishes , Paint ingredients, Furniture, Miscellaneous domestic and commercial equipment, Equipment for children, Toys
04/13/2021 Not given Microw ave ovens
03/31/2021
05/30/2021
Ethanol gasoline for motor vehicles (E10), ethanol gasoline for motor vehicles (E5); (HS: 27);
03/31/2021 05/30/2021 Flame arresters; (HS: 84798 , 84798)
03/31/2021
05/30/2021
Paper products for children, such as tow el paper, tissue paper, w et w ipes, disposal diapers, w riting paper and children's books; (HS: 4802, 4803, 4818, 4901, 4903, 4904, 4909, 9701)
International Trade Compliance Update | May 2021
87
Member
China China China
China
China China China China
China
China China China China China China China China China China China China China China China China China
Baker McKenzie
Notif ic ation
CHN/1565 CHN/1566 CHN/1567
CHN/1568
CHN/1569
CHN/1570 CHN/1571 CHN/1572
CHN/1573
CHN/1574 CHN/1575 CHN/1576 CHN/1577 CHN/1578 CHN/1579 CHN/1580 CHN/1581 CHN/1582 CHN/1583 CHN/1584 CHN/1585 CHN/1586 CHN/1587 CHN/1588 CHN/1589 CHN/1590
Final Date
Date Issued for Comments
Merchandise Covered
03/31/2021
05/30/2021
Lifting bag systems for fire and rescue service use; (HS: 40169)
03/31/2021 05/30/2021 Fire Coupling; (HS: 74199)
03/31/2021 03/31/2021
05/30/2021 05/30/2021
Foam Liquid Supply Fire Fighting Vehicle; (HS: 870530)
The equipment storage fire fighting vehicle, fire scene investigation vehicle, fire safety publicity vehicle and hose laying fire fighting vehicle; (HS: 870530)
03/31/2021 05/30/2021 Decontamination fire fighting vehicle; (HS: 870530)
The chemical accident rescue fire fighting vehicle 03/31/2021 05/30/2021 and transport and return fire fighting vehicle; (HS:
870530)
03/31/2021 05/30/2021 Water Based Extinguishing Agent; (HS: 3813)
03/31/2021 03/31/2021
05/30/2021
Fire Damper for Building Venting and Smoke-venting System (HS: 8481 , 8481)
05/30/2021
Solid Bulk Cargoes, including Cargoes w hich may liquefy, Solid bulk dangerous cargoes (consists Materials hazardous only in bulk), and Cargoes w hich are neither liable to liquefy nor to possess chemical hazard.
03/31/2021 05/30/2021 Fire door assembly; (HS: 730830)
03/31/2021 03/31/2021 03/31/2021
05/30/2021
Fire extinguishing agent - Carbon Dioxide; (HS: 3813)
05/30/2021
Lithium Ion Cells and Batteries Used in Portable Electronic Equipments; (HS: 85)
05/30/2021
Commercial Vehicle for Cargos Transportation; (HS: 8704)
04/07/2021 06/06/2021 Electric fan; (HS: 8414);
04/07/2021 06/06/2021 Inert gas agent; (HS: 3813);
04/07/2021 06/06/2021 Arc w ear protective clothing; (HS: 6203);
04/07/2021 06/06/2021 Protective clothing for w elders; (HS: 62);
04/07/2021 06/06/2021 Tow er server, rack server; (HS: 8471);
04/07/2021
06/06/2021
Non-pow ered filtering respirators for escape; (HS: 9020);
04/07/2021 06/06/2021 Feed additive Potassium iodate; (HS: 282990);
04/07/2021 06/06/2021 Children's Footw ear; (HS: 64)
04/08/2021 06/07/2021 General purpose microcomputer; (HS 8471)
04/08/2021 06/07/2021 Footw ear; (HS 64)
04/28/2021 06/27/2021 Firestop Material; (HS: 3816);
04/28/2021 06/27/2021 Fire shutter assembly; (HS: 847989);
04/29/2021 06/28/2021 Motors for fire rolling shutter; (HS 850151)
International Trade Compliance Update | May 2021
88
Member China China China China China China China China China China
Colombia
Colombia
Costa Rica Costa Rica Ecuador Ecuador Ecuador
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
CHN/1591 CHN/1592 CHN/1593 CHN/1594 CHN/1595 CHN/1596 CHN/1597
04/29/2021 04/29/2021
06/28/2021
Portable fire extinguishers and its components; (HS 8424)
Wheeled fire extinguishers w ith total mass greater 06/28/2021 than 20 kg but not more than 450 kg, and its com-
ponents.; (HS 8424)
04/29/2021 06/28/2021 Fire pumps; (HS 8413)
04/29/2021
06/28/2021
High-expansion foam fire fighting vehicle; (HS 8705)
04/29/2021 06/28/2021 Self-loading fire fighting vehicle; (HS 8705)
Wet system alarm valves, retard chamber and w a04/29/2021 06/28/2021 ter motor alarm of automatic sprinkler system; (HS
848180)
04/30/2021 06/29/2021 Medical Devices; (HS 90)
CHN/1598
04/30/2021 06/29/2021 Medical Devices; (HS 90)
CHN/1599
04/30/2021 06/29/2021 Medical Devices; (HS 90)
CHN/1600
COL/249
COL/212/Add.9 CRI/45/Add.1 CRI/184/Add.2 ECU/435/ Rev .1 ECU/413/ Rev .2 ECU/465/ Rev .1
04/30/2021 06/29/2021 Medical Devices; (HS 90)
04/13/2021 04/27/2021
06/12/2021 Not given
Tablew are, kitchenw are, other household articles and toilet articles, of porcelain or china (other than baths, bidets, sinks and similar fixtures; statuettes and other ornamental articles; pots, jars, carboys and similar receptacles for the conveyance or packing of goods; and coffee grinders and spice mills w ith receptacles made of ceramics and w orking parts of metal) (HS 6911); Ceramic tablew are, kitchenw are, other household articles and toilet articles, other than of porcelain or china (HS 6912); Glassw are of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018), and sterilizing jars, mirrors, stained glass, lamps and lighting fittings, toilet sprays, thermos flasks and other isothermic containers (HS 7013)
Air conditioners; refrigerators and/or freezers; electromagnetic ballasts; electronic ballasts; singlephase squirrel-cage induction electric motors (60Hz); three-phase squirrel-cage induction electric motors (60Hz); electric w ashing machines; electric storage w ater heaters; gas-fired storage w ater heaters; gas-fired continuous flow w ater heaters; freestanding or built-in w ork tables; table-top and builtin cookers; w ork tables w ith grill; and table-top cookers and ovens.
04/16/2021 04/15/2021 03/31/2021 03/31/2021
03/31/2021
Not given Not given Not given Not given
Not given
Cosmetic products
Electrical sw itches, sockets, plugs and cord connectors
Hair clippers (HS 851020)
Pressure-reducing valves (HS 848110)
441210 Of bamboo; 441231 With at least one outer ply of tropical w ood specified in Subheading Note 2 to this Chapter; 441233 Other, w ith at least one
International Trade Compliance Update | May 2021
89
Member
Ecuador
Ecuador Ecuador Ecuador Ecuador Ecuador
Baker McKenzie
Notif ic ation
ECU/501
ECU/414/ Rev .3 ECU/348/ Rev .3 ECU/408/ Rev .2 ECU/482/ Rev .1 ECU/502
Final Date
Date Issued for Comments
Merchandise Covered
03/31/2021
04/07/2021 04/07/2021 04/08/2021 04/08/2021 04/08/2021
outer ply of non-coniferous w ood of the species alder (Alnus spp.), ash (Fraxinus spp.), beech (Fagus spp.), birch (Betula spp.), cherry (Prunus spp.), chestnut (Castanea spp.), elm (Ulmus spp.), eucalyptus (Eucalyptus spp.), hickory (Carya spp.), horse chestnut (Aesculus spp.), lime (Tilia spp.), maple (Acer spp.), oak (Quercus spp.), plane tree (Platanus spp.), poplar and aspen (Populus spp.), robinia (Robinia spp.), tulipw ood (Liriodendron spp.) or w alnut (Juglans spp.); 441234 Other, w ith at least one outer ply of non-coniferous w ood not specified under subheading 4412.33; 441239 Other; 441294 Blockboard, laminboard and battenboard; Other (HS 441299)
05/30/2021
The purpose of the notified Sanitary Technical Regulation is to regulate and control medicines containing controlled substances (narcotics, psychotropics, chemical precursors and specific chemical substances). The provisions laid dow n in the notified Sanitary Technical Regulation are applicable to all national or foreign natural or legal persons based in Ecuador, that produce, import, export, store, market, distribute and dispense medicines containing controlled substances (narcotics, psychotropics, chemical precursors and specific chemical substances); w ith the exception of the dispensing, destruction, transfer, donation and notification of claims of such medicines in pharmacies operating in public and private health services. The notified Sanitary Technical Regulation does not apply to products for human use and consumption that contain in their formulation non-psychoactive cannabis or hemp, or the derivatives thereof, w hich shall be regulated in accordance w ith the regulations for products for human use and consumption containing non-psychoactive cannabis or hemp that the Agency may establish for such purpose.
Not given
Lifts and skip hoists (HS 842810); Escalators and moving w alkw ays (HS 842840)
Not given
Tablew are, kitchenw are, other household articles and toilet articles, of porcelain or china (HS 6911); Ceramic tablew are, kitchenw are, other household articles and toilet articles, other than of porcelain or china (HS 6912); - Other articles: (HS 68159)
Not given
950300: Tricycles, scooters, pedal cars and similar
w heeled toys; dolls' carriages; dolls; other toys; reduced-size ("scale") models and similar recreational
models, w orking or not; puzzles of all kinds.
Not given
Having a pow er handling capacity not exceeding 650 kVA (HS 850421); Having a pow er handling capacity exceeding 650 kVA but not exceeding 10,000 kVA (HS 850422); Having a pow er handling capacity exceeding 1 kVA but not exceeding 16 kVA (HS 850432); Having a pow er handling capacity exceeding 500 kVA (HS 850434)
06/07/2021
The notified Sanitary Technical Regulation establishes the internal procedure for the application of
International Trade Compliance Update | May 2021
90
Member
Ecuador
Ecuador Egypt Egypt Egypt Egypt Egypt Egypt Egypt Egypt Egypt
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
ECU/503
ECU/504 EGY/3/Add.43
04/21/2021 04/21/2021
the Andean Decisions on obtaining the mandatory sanitary notification (NSO). It also establishes the procedure for recognition and renew al requests and requests to change information and to use an existing NSO code (parallel importer, only applicable to cosmetics); for obtaining authorization for samples w ith no commercial purpose; for voluntarily obtaining a certificate of good manufacturing practices; for obtaining a certificate of free sale or export certificate; for obtaining an operating permit; and for donating cosmetics, domestic hygiene products and absorbent personal hygiene products in emergency situations. The provisions contained in this Technical Regulation apply to all national or foreign natural or legal persons located in national territory that manufacture, store, package, pack, arrange, assemble, sell, import, export, distribute or market cosmetics, domestic hygiene products and absorbent personal hygiene products.
06/21/2021
The notified text seeks to regulate the issuance, amendment, renew al, suspension and cancellation of sanitary certificates for domestic and foreign pesticides for household, industrial and public health use, and the conditions under w hich the control and surveillance of these products are carried out. The notified text is is binding for all natural and legal persons responsible for the manufacture, importation, exportation, storage, distribution and marketing of chemical and biological pesticides for domestic, industrial and public health use, w hich are marketed throughout the national territory.
06/20/2021
Proyecto de reforma parcial a la Normativa Tcnica Sanitaria de Buenas Prcticas de Almacenamiento, Distribucin y/o Transporte para establecimientos farmacuticos y establecimientos de dispositivos mdicos de uso humano (Draft Partial Amendment to the Sanitary Technical Regulation on good practices for storage, distribution and/or transportation for pharmaceutical establishments and establishments manufacturing medical devices for human use)
03/31/2021 Not given Chemical, textile and engineering products
EGY/3/Add.44 03/31/2021 Not given Chemical, textile and engineering products
EGY/171/Add.1 03/31/2021 Not given Building hardw are
EGY/190/Add.2 EGY/197/Add.1 EGY/258/Add.1
03/31/2021 03/31/2021 03/31/2021
Not given Not given Not given
Wheeled child conveyances
Petroleum products and natural gas handling equipment
Transfusion, infusion and injection equipment
EGY/258/Corr.1 03/31/2021 Not given Transfusion, infusion and injection equipment
EGY/271/Add.1 03/31/2021 Not given Heat pumps, Refrigerating technology
EGY/273/Add.1 03/31/2021 Not given Heat pumps, Refrigerating technology
International Trade Compliance Update | May 2021
91
Member
Egypt Egypt Egypt Egypt Egypt Egypt Egypt El Salvador
European Union
European Union European Union
European Union
European Union European Union Guatemala Honduras India
India
India India India India India India Indonesia
Indonesia
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
EGY/274/Add.1 03/31/2021 Not given Heat pumps, Refrigerating technology
EGY/275/Add.1 03/31/2021 Not given Gas cylinders
EGY/40/Add.1 04/01/2021 Not given Child Use and Care Articles
EGY/41/Add.1 04/01/2021 Not given Child Use and Care Articles
EGY/28/Add.4 04/12/2021 Not given Wheat
EGY/272/Add.1 04/12/2021 Not given Heat pumps, Refrigerating technology
EGY/292 SLV/88/Add.1
EU/794
EU/795
04/12/2021 Not given Rancidity in meat, poultry and fish and its products
04/16/2021 04/12/2021
Not given Cosmetics
06/11/2021
Marine Equipment (including inter alia life-saving appliances, pollution prevention equipment, fire protection equipment, navigation equipment, radio communication equipment)
04/15/2021 06/14/2021 Organic products
EU/796 EU/797 EU/798
04/21/2021 06/20/2021 Radio equipment for trains
04/23/2021
06/22/2021
Recently classified carcinogenic, mutagenic and reproductive toxicants (CMR) category 1A and 1B as substances on their ow n, as constituents of other substances or in mixtures that are placed on the market or used for supply to the general public.
04/26/2021 06/25/2021 Organic products
EU/799 GTM/45/Add.1 HND/35/Add.1 IND/200
IND/44/Add.10
IND/201 IND/202 IND/203 IND/204 IND/205 IND/206
04/26/2021 06/25/2021 Organic products
04/16/2021 Not given Cosmetics
04/19/2021 Not given Cosmetic products
04/06/2021 06/05/2021 Food Products
04/22/2021
04/22/2021 04/22/2021
Not given
06/21/2021 06/21/2021
List of 15 Products notified in Schedule to the Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order, 2012
IS 17077: 2019 or ISO 19062-1: 2015 AcrylonitrileButadiene Styrene (ABS), (HS code 39033000)
IS 869: 2020 Ethylene Dichloride (HS code 29031500)
04/22/2021 06/21/2021 IS 14434:1998 Polycarbonate (HS code 39074000)
04/22/2021 04/22/2021
06/21/2021 06/21/2021
IS 17397 (Part 1): 2020 or ISO 16365-1: 2014 Polyurethanes (HS code 39095000)
IS 17442: 2020 Vinyl Chloride Monomer (HS code 29032100)
04/22/2021 06/21/2021 IS 17370: 2020 p-Xylene (HS code 29024300)
IDN/1/Add.5 IDN/122/Add.1
04/01/2021 04/01/2021
Not given Not given
Wheat flour for foodstuff
SNI 7859-2013, Household and similar electrical appliances - Safety - Part 1: General requirements; SNI IEC 60335-2-14-2011, Household and similar
International Trade Compliance Update | May 2021
92
Member
Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
IDN/132
ISR/1110/Add.1 ISR/1111/Add.1 ISR/1129/Add.1 ISR/1194
04/01/2021
03/31/2021 03/31/2021 03/31/2021
electrical appliances - Safety - Part 2-14: Particular requirements for kitchen machines; SNI IEC 603352-15-2011, Household and similar electrical appliances - Safety - Part 2-15: Particular requirements for appliances for heating liquids; SNI IEC 60335-224-2009, Household and similar electrical appliances - Safety - Part 2-24: Particular requirements for refrigerating appliances, ice-cream appliances and ice-makers; SNI IEC 60335-2-74:2010, Household and similar electrical appliances - Safety - Part 2-74: Particular requirements for portable immersion heaters. Products consisted in Electrical Blender, Electrical Juicer, Electrical Mixer and Electrical Food Chopper (HS ex.8509.40.00); Rice Cooker (HS ex.8516.60.10), Electric Kettle (HS ex.8516.79.10), Immersion Heaters (HS 8516.10.30), Water Dispenser (HS 8516.10.11, ex 8516.10.19)
SNI 8760:2019 Copper Bus Bars (HS 05/31/2021 ex.7407.10.40) Bars, rods and profiles, of refined
copper, n.e.s (HS 740710)
Not given
Release of lead and cadmium from vitreous and porcelain enamelled metalw are; (HS: 6911, 6912);
Not given
Release of lead and cadmium from vitreous and porcelain enamelled metalw are; (HS: 6911, 6912)
Not given
Playground equipment and surfacing (HS 95069, 9508)
04/06/2021 06/05/2021 Pickled fruits and vegetables; (HS: 2001)
ISR/1053/Add.1 ISR/1055/Add.1 ISR/1057/Add.1 ISR/1058/Add.1 ISR/1059/Add.1 ISR/1076/Add.1
04/15/2021 04/15/2021 04/15/2021 04/15/2021 04/15/2021 04/15/2021
Not given Not given Not given Not given Not given Not given
Battery chargers (HS 8504)
Electrical appliances for use w ith aquariums and garden ponds
Electrical law nmow ers HS 84331
Electric law n trimmers and law n edge trimmers HS 8432 Electric drivers for shutters, aw nings, blinds and similar equipment HS 392530, 6303, 63061
Warming plates and similar appliances
ISR/1077/Add.1 04/15/2021 Not given Electrical oral hygiene appliances
ISR/1078/Add.1 04/15/2021 Not given Whirlpool baths and w hirlpool spas
ISR/1079/Add.1 ISR/1080/Add.1 ISR/1081/Add.1
04/15/2021 04/15/2021 04/15/2021
Not given Not given Not given
Electric foot w armers and heating mats
Electrical amusement machines and personal service machines
Electrical fabric steamers
ISR/1082/Add.1 04/15/2021 Not given Vertically moving garage doors for residential use
ISR/1083/Add.1 ISR/1084/Add.1
04/15/2021 04/15/2021
Not given Not given
Tumble dryers
Electrical deep fat fryers, frying pans and similar appliances
International Trade Compliance Update | May 2021
93
Baker McKenzie
Member
Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Japan Japan Japan Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Korea, Republic of Korea, Republic of Korea, Republic of
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
ISR/1085/Add.1 04/15/2021 Not given Electrical food w aste disposers
ISR/1088/Add.1 04/15/2021 Not given Electrical insect killers
ISR/1089/Add.1 04/15/2021 Not given Electrical w ater-bed heaters
IDN/133
04/19/2021 06/18/2021 Food Packaging, Processed Food
ISR/1075/Add.1 ISR/1195 ISR/1196
04/19/2021 Not given Canned meat products (HS 1601, 1602)
04/19/2021
06/18/2021
Sauerkraurt (Pickled or soured cabbage); (HS: 2001)
04/19/2021 06/18/2021 Toys; (HS: 95)
ISR/1197
04/19/2021 06/18/2021 Frozen sw eet pepper; (HS: 071080);
ISR/1198
04/19/2021 06/18/2021 Frozen mixed vegetables; (HS: 071090);
ISR/1199
04/19/2021 06/18/2021 Frozen spinach; (HS: 070970 )
ISR/1200
04/19/2021 06/18/2021 Hand dishw ashing liquid; (HS: 3402 )
JPN/696 JPN/697
04/06/2021 06/05/2021 PHARMACEUTICAL PRODUCTS (HS 30) 04/20/2021 05/20/2021 PHARMACEUTICAL PRODUCTS (HS 30)
JPN/698 KEN/1070
04/28/2021 06/27/2021 Low -pow er data communications system 04/01/2021 06/14/2021 Tissue paper
KEN/1071
04/01/2021 06/14/2021 Tissue paper
KEN/1072 KEN/1073
04/01/2021 06/14/2021 Tissue paper 04/01/2021 06/14/2021 Tissue paper
KEN/1074 KEN/1075
04/01/2021 06/14/2021 Tissue paper 04/01/2021 06/14/2021 Tissue paper
KEN/1076
04/13/2021 05/15/2021 Concrete structures
KEN/1077 KEN/1078 KEN/1079 KEN/1080 KEN/1081 KEN/1082 KOR/959 KOR/960 KOR/961
04/14/2021 05/15/2021 Concrete structures (Precast concrete w affle units)
04/14/2021 04/14/2021 04/14/2021
06/12/2021
Prepackaged and prepared foods (Cassava w heat composite flour)
06/12/2021
Prepackaged and prepared foods (Food grade cassava starch)
06/12/2021
Prepackaged and prepared foods (High quality cassava flour)
04/14/2021 06/12/2021 Prepackaged and prepared foods (Cassava pellets)
04/14/2021
06/12/2021
Prepackaged and prepared foods (Dried Cassava Leaves)
04/06/2021 06/05/2021 Foods
04/06/2021 06/05/2021 Pharmaceuticals
04/06/2021
06/05/2021
Portable laser devices under HS 901320; Lasers (excl. laser diodes) (HS 901320)
International Trade Compliance Update | May 2021
94
Baker McKenzie
Member
Korea, Republic of Korea, Republic of Kuw ait Malaw i Malaw i Malaw i
Malaw i
Malaw i
Malaw i
Malaw i Malaw i Malaw i Malaw i Mexico Mexico Mexico Mexico Mexico Morocco Nicaragua Oman Oman Panama
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
KOR/962
04/06/2021 06/05/2021 Foods
KOR/963 KWT/567 MWI/42
04/26/2021 06/25/2021 Pharmaceuticals
04/15/2021
06/14/2021
KWS GSO Flexible urethane foam (industrial sponge) and mattresses and pillow s Mad IT
04/14/2021 04/12/2021 Toffee (HS 17)
MWI/43
04/19/2021 04/12/2021 Fresh sw eet potatoes (HS 0714)
MWI/44
MWI/45
MWI/46
MWI/47
MWI/48 MWI/49 MWI/50 MWI/51 MEX/178/Add.1 6 MEX/464/Add.3 MEX/466/Add.2 MEX/494 MEX/495 MAR/35
04/19/2021 04/12/2021 Fresh w are potatoes (HS 0701)
04/19/2021
06/18/2021
Road signs Part 2: Performance requirements for road signs; Sign-plates, name-plates, addressplates and similar plates, numbers, letters and other symbols, of base metal, incl. traffic signs (excl. those of heading 9405, type and the like, and signal boards, signal discs and signal arms for traffic of heading 8608) (HS 8310)
04/19/2021 06/18/2021 Fresh sw eet cassava (HS 071410)
04/19/2021
06/18/2021
Road signs Part 1: Retro-reflective sheeting material; Sign-plates, name-plates, address-plates and similar plates, numbers, letters and other symbols, of base metal, incl. traffic signs (excl. those of heading 9405, type and the like, and signal boards, signal discs and signal arms for traffic of heading 8608) (HS 8310)
04/19/2021 06/18/2021 Instant noodles (HS 19)
04/19/2021
06/18/2021
Degermed maize (corn) meal and maize (corn) grits (HS 19)
04/19/2021 06/18/2021 Ready to eat extruded snacks (HS 17)
04/19/2021
04/01/2021 04/01/2021 03/31/2021
PRODUCTS OF THE MILLING INDUSTRY; MALT; 06/18/2021 STARCHES; INULIN; WHEAT GLUTEN (HS 11)
(Edible cassava flour)
Not given
Labelling of pre-packaged food and non-alcoholic beverages
Not given
Tuna, bonito and pre-packaged preparations thereof
Not given
Yahualica chili (Capsicum annuum L.) - Specifications and test methods
04/07/2021 Not given Topical ethyl or isopropyl alcohol-based antiseptics
04/20/2021 Not given Nutritional and medicinal sterile mixtures
04/15/2021 04/30/2021 Hydraulic binders/cements and cement constituents
NIC/76/Add.1 OMN/432 OMN/433 PAN/114
04/16/2021 Not given Cosmetic products
04/15/2021 04/20/2021 04/20/2021
06/14/2021 06/19/2021 06/19/2021
KWS GSO Flexible urethane foam (industrial sponge) and mattresses and pillow s Mad IT
Fortification the follow ing food products: w heat flour, edible salt, fats and vegetables oils used in cooking and milk and milk products
Products of the chemical industry (Cosmetic products)
International Trade Compliance Update | May 2021
95
Baker McKenzie
Member
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
Peru
Philippines Philippines Qatar
Russian Federation
Russian Federation Russian Federation Russian Federation Russian Federation Russian Federation Russian Federation Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia
PER/130
PHL/223/Add.2 PHL/225/Add.2 QAT/588 RUS/112 RUS/113
04/20/2021 04/27/2021
06/21/2021 Not given
Andean Community Nomenclature (NANDINA) code. Product description 87.02: Motor vehicles for the transport of ten or more persons, including the driver 8703.21.00 - - Of a cylinder capacity not exceeding 1,000 cc 8703.22.90 - - - Other: 8703.23.90 - - - Other: 8703.24.90 - - - Other: 8703.31.90 - - Other: 8703.32.90 - - - Other: 8703.33.90 - - - Other
Hot-dip Metallic-Coated and Pre-painted Galvanized Steel Sheets for Roofing
04/27/2021 Not given Ceramic products (HS 69)
04/15/2021 04/12/2021
06/14/2021 6/23/2021
KWS GSO Flexible urethane foam (industrial sponge) and mattresses and pillow s Mad IT
Packaging (closures); processes of production (manufacturing), storage, transportation, sale and disposal associated w ith the requirements for packaging (closures)
04/16/2021 06/24/2021 Food products
RUS/114
04/19/2021 07/12/2021 Slaughter products and meat products
RUS/115
04/19/2021 07/15/2021 Perfumes and cosmetics
RUS/116
04/22/2021 06/24/2021 Requirements for the labeling of food products
RUS/117
04/30/2021 06/15/2021 Medicinal products
RUS/118
04/30/2021 06/30/2021 Medicinal products
SAU/1187
04/15/2021
06/14/2021
KWS GSO Flexible urethane foam (industrial sponge) and mattresses and pillow s Mad IT
SAU/1128/Rev.1 04/29/2021 Not given Water heating equipment
SAU/1188
04/29/2021 06/28/2021 Lighting in general
SAU/1189
04/29/2021 06/28/2021 Lighting in general
SAU/1190
04/29/2021 06/28/2021 Lighting in general
SAU/1174/Add.1 04/30/2021 Not given Water heating equipment
Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei)
TPKM/456
Singapore
SGP/59
Singapore
SGP/60
03/31/2021
05/30/2021
Microw ave ovens (CCCN 8516.50.00.00.0); Microw ave ovens (HS 851650)
04/01/2021 04/08/2021
05/31/2021 06/07/2021
Beverages : nutri-grade labelling HS Chapter 4, in particular Headings 04.01, 04.02 and 04.03 HS
Chapter 9, in particular Headings 09.01, 09.02 and 09.03 HS Chapter 18, in particular Heading 18.06 HS Chapter 19, in particular Headings 19.01 and 19.04 HS Chapter 20, in particular Heading 20.09 HS Chapter 21, in particular Headings 21.01 and 21.06 HS Chapter 22, in particular Headings
22.01 and 22.02
1) Front and top load w asher extractors 2) Under-
counter and hood dishw ashers 3) High pressure
w ashers National tariff headings (HS: 1)
8451.40.00, 2) 8422.19.00, 3) 8424.30)
International Trade Compliance Update | May 2021
96
Member South Africa South Africa South Africa South Africa South Africa Spain
Spain
Tanzania Tanzania Tanzania Tanzania
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
ZAF/243 ZAF/244 ZAF/245 ZAF/246 ZAF/246/Add.1 ESP/45
ESP/45/Add.1
TZA/545 TZA/546 TZA/547 TZA/548
04/08/2021 04/08/2021 04/08/2021 04/12/2021 04/29/2021
4/8/2021
04/19/2021
04/08/2021 04/08/2021 04/08/2021
06/07/2021
Electrical General Service Lamps, includes LED lamps, incandescent lamps and compact fluorescent lamps.; Electric filament or discharge lamps, incl. sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps; parts thereof (HS 8539)
06/07/2021
Electric General Service Lamps; Electric filament or discharge lamps, incl. sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps; parts thereof (HS 8539)
06/07/2021
FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES (HS 03); PREPARA TIONS OF MEAT, OF FISH OR OF CRUSTACEA NS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES (HS 16)
6/11/2021
TELECOMMUNICA TIONS. AUDIO AND VIDEO ENGINEERING
Not given
TELECOMMUNICA TIONS. AUDIO AND VIDEO ENGINEERING
06/07/2021
Olive oil and its fractions, obtained from olives solely by mechanical or physical means that do not affect the oil, "virgin", w hether or not ref ined, not chemically modified (HS 1509); Oils and their fractions, obtained solely from olives through methods other than those mentioned in heading 1509, w hether or not refined, not chemically modified, including blends of these oils or fractions w ith oils of heading 1509 (HS 1510)
Not given
Olive oil and its fractions, obtained from olives solely by mechanical or physical means that do not affect the oil, "virgin", w hether or not refined, not chemically modified (HS 1509); Oils and their fractions, obtained solely from olives through methods other than those mentioned in heading 1509, w hether or not refined, not chemically modified, including blends of these oils or fractions w ith oils of heading 1509 (HS 1510)
06/07/2021
Prepared foods obtained by the sw elling or roasting of cereals or cereal products, e.g. corn flakes; cereals (other than maize "corn") in grain form or in the form of flakes or other w orked grains (except flour, groats and meal), pre-cooked or otherw ise prepared, n.e.s (HS 1904)
06/07/2021
Prepared foods obtained by the sw elling or roasting of cereals or cereal products, e.g. corn flakes; cereals (other than maize "corn") in grain form or in the form of flakes or other w orked grains (except flour, groats and meal), pre-cooked or otherw ise prepared, n.e.s (HS 1904)
06/07/2021
Prepared foods obtained by the sw elling or roasting of cereals or cereal products, e.g. corn flakes; cereals (other than maize "corn") in grain form or in the form of flakes or other w orked grains (except flour, groats and meal), pre-cooked or otherw ise prepared, n.e.s (HS 1904)
04/08/2021 06/07/2021 Other products of the chemical industry
International Trade Compliance Update | May 2021
97
Member
Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania
Tanzania
Tanzania Tanzania Tanzania Tanzania Tanzania
Tanzania Tanzania Tanzania Tanzania Tanzania
Tanzania
Baker McKenzie
Notif ic ation
TZA/549 TZA/550 TZA/551 TZA/552 TZA/553 TZA/554 TZA/555 TZA/556 TZA/557 TZA/558 TZA/559 TZA/560 TZA/561
TZA/562
TZA/563 TZA/564 TZA/565 TZA/566 TZA/567
TZA/568 TZA/569 TZA/570 TZA/571 TZA/572
TZA/573
Final Date
Date Issued for Comments
Merchandise Covered
04/08/2021 06/07/2021 Chemicals for purification of w ater
04/08/2021 06/07/2021 Surface active agents
04/08/2021 06/07/2021 Surface active agents
04/08/2021 06/07/2021 Surface active agents
04/08/2021 06/07/2021 Adhesives
04/08/2021 06/07/2021 Materials and articles in contact w ith foodstuffs
04/08/2021 06/07/2021 Materials and articles in contact w ith foodstuffs
04/08/2021 06/07/2021 Materials and articles in contact w ith foodstuffs
04/08/2021 06/07/2021 Materials and articles in contact w ith foodstuffs
04/08/2021 06/07/2021 Materials and articles in contact w ith foodstuffs
04/14/2021 06/13/2021 Chemicals for purification of w ater
04/14/2021 4/15/2021
04/15/2021
06/13/2021 06/13/2020
06/14/2021
Melons, incl. w atermelons, and papaw s "papayas", fresh (HS 0807)
Vegetables, uncooked or cooked by steaming or boiling in w ater, frozen (HS 0710)
Fresh straw berries, raspberries, blackberries, back, w hite or red currants, gooseberries and other edible fruits (excl. nuts, bananas, dates, figs, pineapples, avocados, guavas, mangoes, mangosteens, papaw s "papayas", citrus fruit, grapes, melons, apples, pears, quinces, apricots, cherries, peaches, plums and sloes) (HS 0810)
04/15/2021 06/14/2021 Citrus fruit, fresh or dried (HS 0805)
04/15/2021 04/15/2021
06/14/2021 06/14/2021
Cabbages, cauliflow ers, kohlrabi, kale and similar edible brassicas, fresh or chilled (HS 0704)
Vegetables, uncooked or cooked by steaming or boiling in w ater, frozen (HS 0710)
04/15/2021 06/14/2021 Citrus fruit, fresh or dried (HS 0805)
04/15/2021 04/15/2021
06/14/2021 06/14/2021
Other nuts, fresh or dried, w hether or not shelled or peeled (excl. coconuts, Brazil nuts and cashew nuts) (HS 0802)
Vegetables, uncooked or cooked by steaming or boiling in w ater, frozen (HS 0710)
04/15/2021 06/14/2021 Processes in the food industry (Food safety)
04/15/2021 06/14/2021 Wheat or meslin flour (HS 1101)
04/15/2021 06/14/2021 Starches; inulin (HS 1108)
04/15/2021 04/15/2021
06/14/2021
Flour, meal, pow der, flakes, granules and pellets of potatoes (HS 1105)
06/14/2021
Roots and tubers of manioc, arrow root, salep, Jerusalem artichokes, sw eet potatoes and similar roots and tubers w ith high starch or inulin content, fresh, chilled, frozen or dried, w hether or not sliced or in the form of pellets; sago pith (HS 0714)
International Trade Compliance Update | May 2021
98
Baker McKenzie
Member
Notif ic ation
Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Thailand
Thailand
TZA/574 TZA/575 TZA/576 TZA/577 TZA/578 TZA/579 TZA/580 TZA/581 TZA/582 TZA/583 TZA/584 TZA/585 TZA/586 TZA/587 TZA/588 TZA/589 TZA/590 TZA/591 TZA/592 THA/604
THA/605
Thailand
THA/606
Thailand
THA/607
Thailand Thailand Thailand Thailand Thailand
THA/608 THA/609 THA/610 THA/611 THA/612
Trinidad and Tobago TTO/128
Turkey Turkey
TUR/179 TUR/180
Final Date
Date Issued for Comments
Merchandise Covered
04/15/2021 06/14/2021 Vegetable products, n.e.s (HS 1404) 04/19/2021 06/18/2021 Flour, meal and pow der of potatoes (HS 110510)
04/19/2021 06/18/2021 Fresh or chilled potatoes (excl. seed) (HS 070190) 04/19/2021 06/18/2021 Tissue paper (Jumbo toilet tissue paper) 04/19/2021 06/18/2021 Tissue paper (Paper serviettes (napkins))
04/19/2021 06/18/2021 Tissue paper (Facial tissue paper) 04/19/2021 06/18/2021 Tissue paper (Medical tissue paper tow el)
04/19/2021 06/18/2021 Tissue paper (Paper hand tow el sheets) 04/19/2021 06/18/2021 Tissue paper (Kitchen paper tow el) 04/26/2021 06/25/2021 Animal feeding stuffs (Dried insect products)
04/26/2021 06/25/2021 Building accessories (Door Locks and Latches) 04/26/2021 06/25/2021 Furniture (Steel filing cabinets)
04/26/2021 06/25/2021 Building accessories 04/30/2021 06/29/2021 Meat and meat products (Minced meat products) 04/30/2021 06/29/2021 Meat and meat products (Chicken essence)
04/30/2021 06/29/2021 Meat and meat products (Minced meat products) 04/30/2021 06/29/2021 Meat and meat products (Edible insects) 04/30/2021 06/29/2021 Meat and meat products (Edible offal)
04/30/2021 06/29/2021 Meat and meat products (Meat extract (beef))
03/31/2021 05/11/2021 Paper for food contact
04/20/2021 04/20/2021 04/20/2021 04/20/2021
06/19/2021
Domestic safety, Massage appliances; Domestic safety, Body care equipment
06/19/2021
Air-cleaning appliances; Ventilators. Fans. Air-conditioners
06/19/2021
Low -voltage sw itchgear and controlgear assemblies; Low voltage sw itchgear and controlgear
Not given
Radio communication equipment for non-piloted aircraft used in general
04/20/2021 06/19/2021 Medical Nitrous Oxide
04/20/2021 06/19/2021 Medical Oxygen
04/27/2021 Not given Hazardous Substance
04/28/2021 04/14/2021 03/31/2021
05/28/2021
Food products containing parts of cannabis and hemp
06/13/2021
ELECTRI CA L Cables)
ENGINEERING
(Flexible Cords and
05/30/2021
Ecodesign requirements for light sources and separate control gears
03/31/2021 05/30/2021 Energy Labeling of Light Sources
International Trade Compliance Update | May 2021
99
Member
Turkey Turkey
Uganda
Uganda
Uganda
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda
Uganda
Uganda Uganda Uganda Uganda
Uganda
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
TUR/181 TUR/182 UGA/931/Rev.1
UGA/1289
UGA/1290 UGA/1291 UGA/1292
04/01/2021
04/16/2021
Labelling of tyres w ith respect to fuel efficiency and other parameters
04/08/2021 04/14/2021 Electric motors and variable speed drives
04/06/2021
04/06/2021 04/06/2021 04/06/2021
Not given
06/05/2021 06/05/2021 06/05/2021
Malted cereal beverages; Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsew here specified or included. (HS 2206). Non-alcoholic beverages (ICS 67.160.20).
Thermometers and pyrometers, not combined w ith other instruments (excl. liquid-filled thermometers for direct reading) (HS 902519); Diagnostic equipment
Thermometers and pyrometers, not combined w ith other instruments (excl. liquid-filled thermometers for direct reading) (HS 902519); Diagnostic equipment
Milk and cream in solid forms, of a fat content by w eight of
04/13/2021 06/12/2021 (HS: 481820); Tissue paper
UGA/1293
04/13/2021 06/12/2021 (HS: 481810); Tissue paper
UGA/1294
04/13/2021 06/12/2021 (HS: 4803); Tissue paper
UGA/1295
04/13/2021 06/12/2021 (HS: 481820); Tissue paper
UGA/1296
04/20/2021 06/19/2021 (HS: 4107); Leather and furs
UGA/1297
04/20/2021 06/19/2021 (HS: 4107); Leather and furs
UGA/1298
04/20/2021 06/19/2021 (HS: 460219); Natural fibres (Handw oven Baskets)
UGA/1299 UGA/1300 UGA/1301
04/20/2021 06/19/2021 (HS: 570242); Natural fibres (Handw oven mats)
04/20/2021
06/19/2021
Uncoated paper and paperboard, of a kind used for w riting, printing or other graphic purposes, and nonperforated punchcards and punch-tape paper, in rolls of any size, not containing fibres obtained by a mechanical or chemi-mechanical process or of w hich
04/20/2021 06/19/2021 (HS: 6404); Footw ear
UGA/1302
04/20/2021 06/19/2021 (HS: 6404); Footw ear
UGA/1303
04/20/2021 06/19/2021 (HS: 6404); Footw ear
UGA/1304 UGA/1305
04/20/2021 06/19/2021 (HS: 6404); Footw ear
04/20/2021
06/19/2021
Paper serviettes (napkins); Toilet or facial tissue stock, tow el or napkin stock and similar paper for household or sanitary purposes, cellulose w adding and w ebs of cellulose fibres, w hether or not creped, crinkled, embossed, perforated, surface-coloured, surface-decorated or printed, in rolls of a w idth > 36
International Trade Compliance Update | May 2021
100
Member
Uganda
Uganda Uganda Uganda Uganda Uganda Uganda Uganda
Uganda
Uganda Uganda Uganda Uganda
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
UGA/1306
UGA/1307 UGA/1308 UGA/1309 UGA/1310 UGA/1311 UGA/819/Add.2 UGA/1312
UGA/1313
UGA/1314 UGA/1315 UGA/1316 UGA/1317
04/21/2021
04/26/2021 04/26/2021 04/26/2021 04/26/2021 04/26/2021
cm or in square or rectangular sheets w ith one side > 36 cm and the other side > 15 cm in the unfolded state (HS 4803)
06/20/2021
Toilet or facial tissue stock, tow el or napkin stock and similar paper for household or sanitary purposes, cellulose w adding and w ebs of cellulose fibres, w hether or not creped, crinkled, embossed, perforated, surface-coloured, surface-decorated or printed, in rolls of a w idth > 36 cm or in square or rectangular sheets w ith one side > 36 cm and the other side > 15 cm in the unfolded state (HS 4803) (Facial tissue paper)
06/25/2021
Wheat or meslin flour (HS 1101) (Cassava w heat composite flour)
06/25/2021
Manioc starch (HS 110814) (Food grade cassava starch)
06/25/2021
Flour, meal and pow der of sago or of roots or tubers of manioc, arrow root, salep, sw eet potatoes and similar roots and tubers w ith a high content of starch or inulin of heading 0714 (HS 110620) (High quality cassava flour)
Fresh, chilled, frozen or dried roots and tubers of
06/25/2021 manioc "cassava", w hether or not sliced or in the form of pellets (HS 071410) (Cassava pellets)
06/25/2021
Plants, parts of plants, incl. seeds and fruits, used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, w hether or not cut, crushed or pow dered (excl. ginseng roots, coca leaf, poppy straw and ephedra) (HS 121190) (Dried cassava leaves)
04/28/2021 Not given Fertilizers
04/27/2021 04/27/2021
04/27/2021 04/27/2021
06/26/2021 06/26/2021
06/26/2021 06/26/2021
Dried fruits; EDIBLE FRUIT AND NUTS; PEEL OF CITRUS FRUIT OR MELONS (HS 08); Fruits and derived products
Fruit chips and crisps; Fruits, nuts and other edible parts of plants, prepared or preserved, w hether or not containing added sugar or other sw eetening matter or spirit (excl. prepared or preserved w ith vinegar, preserved w ith sugar but not laid in syrup, and jams, fruit jellies, marmalades, fruit pure and pastes, obtained by cooking) (HS 2008); Fruits and derived products
Dried vegetables and herbs; Dried vegetables and mixtures of vegetables, w hole, cut, sliced, broken or in pow der, but not further prepared (excl. onions, mushrooms and truffles, not mixed) (HS 071290); Vegetables and derived products
Dried fruits; Dried vegetables, w hole, cut, sliced, broken or in pow der, but not further prepared (HS 0712); Fruits, vegetables and derived products in general
04/27/2021 04/27/2021
06/26/2021 Bond paper; (HS: 480255); Other paper products
06/26/2021
Surgical gow ns and drapes; Articles of apparel and clothing accessories, incl. gloves, mittens and mitts,
International Trade Compliance Update | May 2021
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Member
Uganda
Uganda
Uganda
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda
Uganda Uganda
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
UGA/1318 UGA/1319 UGA/1320
UGA/1321 UGA/818/Add.2
04/27/2021 04/27/2021 04/27/2021 04/27/2021
06/26/2021 06/26/2021 06/26/2021 06/26/2021
for all purposes, of vulcanised rubber (excl. hard rubber and footw ear and headgear and parts thereof) (HS 4015); Surgical instruments and materials
Surgical clean air suits; Articles of apparel and clothing accessories, incl. gloves, mittens and mitts, for all purposes, of vulcanised rubber (excl. hard rubber and footw ear and headgear and parts thereof) (HS 4015); Surgical instruments and materials
NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMI- PRECIOUS STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES THEREOF; IMITATION JEWELLERY; COIN (HS 71); Jew ellery
Information and Communication Technology Hardw are and Softw are; - Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a w ired or w ireless netw ork (such as a local or w ide area netw ork): (HS 85176); Information technology (IT) in general
Information and Communication Technology Hardw are and Softw are; - Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a w ired or w ireless netw ork (such as a local or w ide area netw ork): (HS 85176); Information technology (IT) in general
04/28/2021 Not given Fertilizers
UGA/820/Add.2 04/28/2021 Not given Fertilizers
UGA/821/Add.2 04/28/2021 Not given Fertilizers
UGA/822/Add.2 04/28/2021 Not given Fertilizers
UGA/823/Add.2 04/28/2021 Not given Fertilizers
UGA/824/Add.2 04/28/2021 Not given Fertilizers
UGA/825/Add.2 04/28/2021 Not given Fertilizers
UGA/826/Add.2
UGA/922/Add.2
UGA/1009/Add. 2 UGA/1010/Add. 2
04/28/2021 04/28/2021
04/28/2021 04/28/2021
Not given Not given Not given
Fertilizers
Edible offal of bovine animals, sw ine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen. (HS 0206), Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen. (HS 0207). Meat and meat products (ICS 67.120.10).
Dried meat; Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal. (HS 0210)
Not given Rabbit meat; Of rabbits or hares (HS 020810)
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Member
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
Uganda Uganda
Uganda
Uganda Uganda Uganda
Uganda Uganda Uganda
Uganda
Uganda
Uganda
Uganda Uganda Uganda Ukraine Ukraine Ukraine United Arab Emirates United Kingdom United States
UGA/1011/Add. 2 UGA/1027/Add. 2
UGA/1028/Add. 2
UGA/1040/Add. 2 UGA/1041/Add. 2 UGA/1104/Add. 2
UGA/1322
UGA/673/Add.2
04/28/2021
Not given
Steviol glycosides; glycosides, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives (HS 2938)
04/28/2021 Not given Food grade nitrogen; Nitrogen (HS 280430)
04/28/2021
Not given
Gelatin (including gelatin in rectangular (including square) sheets, w hether or not surface- Worked or coloured) and gelatin derivatives; isinglass; other glues of animal origin, excluding casein glues of heading 35.01 (HS 3503)
04/28/2021 Not given Beef; Meat and edible meat offal (HS 02)
04/28/2021 Not given Minced beef; Boneless (HS 020130)
04/28/2021 Not given Chicken feet; Cuts and offal, frozen (HS 020714)
04/28/2021
06/27/2021
Isolation gow n; Garments made up of felt or nonw ovens, w hether or not impregnated, coated, covered or laminated (excl. babies' garments and clothing accessories) (HS 621010)
04/29/2021 Not given Beer (HS 2203, 220720)
UGA/675/Add.2 04/29/2021 Not given Still table w ine (HS 2204)
UGA/918/Add.2
UGA/1000/Add. 2
UGA/1012/Add. 2
UGA/1013/Add. 2 UGA/1077/Add. 2 UGA/1078/Add. 2
04/29/2021
04/29/2021
04/29/2021
04/29/2021 04/29/2021 04/29/2021
Not given
Icing sugar; Sugars and sugar confectionery (HS 17), Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers, sugar acetals and sugar esters, and their salts, other than products of heading 29.37, 29.38 or 29.39 (HS 2940)
Not given Edible Sugarcane (HS 1212)
Not given Not given
Toffee; Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, w hether or not mixed w ith natural honey; caramel. (HS 1702), - Other (HS 170490)
Chew ing gum, w hether or not sugar-coated (HS 170410)
Not given Full fat groundnut flour; - Other (HS 120890)
Not given Full fat Sesame flour; - Other (HS 120890)
UKR/169/Add.1 04/08/2021 Not given Toys
UKR/188 UKR/189 ARE/498 GBR/39
04/20/2021 04/20/2021 04/15/2021 04/09/2021
06/19/2021 06/19/2021
Genetically engineered activities, GMOs, genetically modified products
Paints and varnishes for buildings and repairing w heeled vehicles
06/14/2021
KWS GSO Flexible urethane foam (industrial sponge) and mattresses and pillow s Mad IT
05/05/2021 Covid-19 detection test regulation HS 3822
USA/1664/Add.1 04/01/2021 Not given Self-contained lighting controls
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Member
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 United States United States United States United States United States United States United States United States
Baker McKenzie
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
USA/1708
USA/1709
USA/1710
USA/1711
USA/1712 USA/214/Add.3/ Corr.2 USA/1048/Add.2
04/01/2021 04/01/2021
04/01/2021 04/01/2021 04/01/2021 04/06/2021 04/06/2021
04/15/2021 Model 737-800 airplane; structure-mounted airbags
Airbus Model A321neo ACF airplane; single-occu04/29/2021 pant oblique (side-facing) seats w ith 3-point re-
straints
04/29/2021
Bombardier Model BD-100-1A10 airplane; electronic-system security protection
04/29/2021
Bombardier Model BD-100-1A10 airplane; electronic-system security protection
05/03/2021
Boeing Model 787-8 airplane; non-structural glass in the passenger cabin
Not given Human and animal drugs (HS 3004)
Not given High chairs
USA/1693/Add.1 04/06/2021
USA/1713
04/06/2021
USA/1714
04/06/2021
USA/1715
04/06/2021
USA/1706/Add.1 04/12/2021
Not given Not given Not given Not given Not given
Renew able fuel standard compliance
Bombardier Model CL-600-2B16 (604 variant) airplane; seats w ith pretensioner restraint systems; Aircraft and space vehicles in general, Passenger and cabin equipment
Boeing Model 777-9 airplane; structure-mounted airbags; Aircraft and space vehicles in general, Passenger and cabin equipment
Leonardo model A119 and AW119 MKII helicopters; closed circuit ref ueling receiver; Aircraft and space vehicles in general, Aerospace fluid systems and components
Boilers; Central heating boilers, non-electric; parts thereof (excl. vapour generating boilers and superheated w ater boilers of heading 8402) (HS 8403)
USA/1716
04/12/2021 05/10/2021 Upholstered furniture
USA/1697/Add.1 04/13/2021 Not given Chemicals; ORGANIC CHEMICALS (HS 29)
USA/1716/Add.1 04/13/2021 Not given Upholstered furniture
USA/1717 USA/970/Add.4
04/13/2021 04/19/2021
Environmental protection, Test conditions and pro05/27/2021 cedures in general, Domestic electrical appliances
in general
Not given Portable air conditioners
USA/980/Add.3 USA/1665/Add.1 USA/1718 USA/1719 USA/1720 USA/1721
04/19/2021 04/19/2021 04/19/2021 04/20/2021 04/20/2021 04/20/2021
Not given Pumps
Not given
Vegetables; EDIBLE VEGETABLES AND CERTAIN ROOTS AND TUBERS (HS 07)
06/30/2021 Direct heating equipment (unvented heaters)
05/10/2021 05/17/2021
Mitsubishi model MRJ-200 airplane; use of automatic pow er reserve
Rolls-Royce Deutschland BR700-710A2-20 model turbofan engines
05/17/2021
Boeing model 737-8 and 737-9 airplanes; fuel quantity processor unit
USA/1722
04/20/2021 05/17/2021 Clean miles standard; green house gas emissions
USA/1723
04/20/2021 05/20/2021 Polystyrene
USA/305/Add.10 04/21/2021
Not given
Clothes dryers, room air conditioners (HS 8421, 8415)
International Trade Compliance Update | May 2021
104
Baker McKenzie
Member
United States United States United States United States United States United States
Viet Nam
Viet Nam
Notif ic ation
Final Date
Date Issued for Comments
Merchandise Covered
USA/1598/Add.2 04/21/2021 Not given Radiofrequency electromagnetic fields
USA/1606/Add.1 04/21/2021 Not given Radiofrequency electromagnetic fields
USA/1724
04/21/2021 07/19/2021 Wheat; Wheat and meslin (HS 1001)
USA/1725 USA/1726 USA/1727
VNM/191
04/26/2021 04/29/2021 04/29/2021
04/06/2021
07/21/2021 Electrical engineering
05/19/2021
Airbus helicopters model H160B; all engines operating pow er rating
05/07/2021
Broadband and mobile services, w ireless telecommunications
06/15/2021
Radio access equipment operating in the 5 GHz band and have EIRP from and above 60mW (HS code: 8517.62.51) Flycams w hich use remote control technology, video transfer using 5GHz spectrum spread and have EIRP from and above 60mW (HS code: 8525)
VNM/192
04/26/2021 06/25/2021 Product and goods in general
CBP RULINGS: DOWNLOADS AND SEARCHES
As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 204,000 such rulings are in the database.
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
Rev oked (R)
Old Classification or Po-
sition
New Ruling
New Classification or Position
Comments Due (C) or Effectiv e
Date (E)
(P) 04-07-21
Tariff classification of menorahs.
(P) 04-14-21
Tariff classification of air springs.
(P) 04-21-21
PROPOSED REVOCATIONS/MODIFICATIONS
NY J82947
NY I84339 NY E80531 NY D86109* NY D86108
NY D85910
R 9505.90.60
9405.50.40, *9405.40.84
HQ H310688 x 9817.95.01 [GRI 1, 6 ; (C) 05-07-21 Chap.95 N 1(w )]
NY R01224 NY F86134
8708.99.55 M p/n 18-45068- HQ H305332
000
R
9705.00.0090 (amber)
HQ H311301
4016.99.55 [GRI 1, Sec XVII N 2(a)]
3(b);
(C)
05-14-21
2530.90.80 (Natural Amber); 9602.00.50
(C) 05-21-21
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Baker McKenzie
Published in CBP Bulletin (P) Proposed
(A) Action
Product(s) or Issue(s)
Ruling(s) to be Modified (M) or
Rev oked (R)
Old Classification or Po-
sition
New Ruling
New Classification or Position
Comments Due (C) or Effectiv e
Date (E)
Tariff classification of certain mineral stones--spe-
cifically, amber, selenite,
calcite and aragonite
NY N004112 NY N004200
NY N015557
Tariff classification of a sink basket strainer.
NY
889651
Tariff classification of child car seat cushions
NY N132069 NY N245061
NY N246761
Tariff classification of child HQ 953673
car seat canopies
NY 882039
Tariff classification of coral NY N285626
beads for jew elry and jew - NY N123795
elry w ith abalone
NY N284708
NY N284187
Tariff classification of spi(P) 04-28-21 der w eb lights
HQ H072441 NY N027262 HQ H070673 HQ H095410 HQ 952513
NY I83133 HQ H066795 HQ H070671
HQ 953932 HQ 952513
HQ 955758
9705.00.0090 (selenite stones)
9705.00.00 (calcite, aragonite)
M
3926.90.95 [3926.90.99]
HQ H296172
R 9401.90.50 HQ H293786
M 6307
HQ H293786 By operation
of law
R 7116.20.0580 M 7116.20.4000 HQ H293170 M 7116.20.0580
9405.30.0010 HQ H289250
(sanded and buffed amber) [GRI 1, Chap 25 LN, Chap 96 LN; ENs]
2520.10.00 [GRI 1; Chap 25 LN; ENs]
7103.10.20 [GRI 1; Chap 71 LN; ENs]
3922.90.00 [GRI 1, 3; ENs]
9404.90.20 [GRI 1; Sec. XI N1; Chap 94 LN; ENs, and Bauerhin, infra]
9401.90.10 [Bauerhin Techs. Ltd. Pshp. v. US, 110 F.3d 774 (Fed. Cir. 1997), aff'g, 19 C.I.T. 1441 (1995)] 7117.90.90 (Abalone) 9601.90.40 (coral beads) [GRI 1, Chap.71 N11; ENs]
9405.40.84 [GRI 1, 6; AUSRI 1(a)] and 9903.88.03 if China
R 9405.30.00
M
Rev oc ation/Modif ic ation
by operation of law by virtue of Target Gen. Merch., Inc. v. United States, 392 F. Supp. 3d 1326, 1335 (Ct. Int'l
Trade 2019)
(C) 05-28-21
R Revocation/Modification by operation of law by
M virtue of Primal Lite
NY L81761
Tariff classification of a tex- L81762
tile cover for unsprung mat-
tress foundation
NY N187630
HQ H254127
M 9403.90.60
R
6307.90.9891 [GRI 1, ;
HQ H281803 Sec. XI N7; Chap 94 N2; ENs]
REVOC ATI ON S/M OD I F I CATI ON S
(A) 04-07-21 (A) 04-28-21
Tariff classification of a certain Infinity Rose Flow er NY N307028 Box
Tariff classification of Organic Date Juice Concen- NY N307283 trate or Date Syrup
R 0604.90.6000 HQ H313526
0603.90.0000 [GRI 1, 3(b); Chap. 6 N 2; ENs]
(E) 06-06-21
R 2009.89.7091 HQ H312829
1702.40.4000 [GRI 1, 6; ENs]
(E) 06-27-21
International Trade Compliance Update | May 2021
106
Baker McKenzie
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
Implemen tin g Regulation
Description of the goods
Clas s if ic ation (CN code)
Reasons
A product, presented as a set for retail sale, consisting of a plastic bottle equipped w ith an air pump and a nozzle (filling apparatus) along w ith 100 pieces of multicoloured latex balloons included inside the bottle.
The filling apparatus is designed to be filled up w ith and contain w ater and is used to pump w ater into the balloons. When filled w ith w ater, the balloons are used as w ater (EU) 2021/575 bombs for outdoor play to entertain chil30-03-21 dren/adults.
(See image)
9503 00 99
Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature and by the w ording of CN codes 9503 00 and 9503 00 99 .
The product is, based on its objective characteristics and properties, intended to be used for the amusement of persons w hen playing a w ater battle w ith filled balloons. It is a set put up for retail sale, in w hich the component giving the set its essential character cannot be determined. It is to be classified under the heading that occurs last in numerical order among those that equally merit consideration. The balloons are covered by heading 9503 . Consequently, classification under heading 8414 or 8424 according to the filling apparatus is excluded. The product is therefore to be classified under heading 9503 .
Consequently, the product is to be classified under CN code 9503 00 99 as other toys.
Rods of tungsten alloy, containing more than 94 % by w eight of tungsten and 1,5 % by w eight of lanthanum, w ith a length of 150 mm and a diameter of 3 mm. The rods are not obtained only by sintering, they have no coating and are not cored w ith flux material. They are blunt at their ends (i.e. w ithout pointed tips) and they are individually marked by color. The color marking indicates the alloying element and tungsten content. The rods are packed in batches.
The rods are designed to be sharpened and used as w elding electrodes for TIG (Tung(EU) 2021/600 sten Inert Gas) w elding. The purpose of the 07-04-21 electrode during this w elding process is to form the arc betw een the electrode and the w orkpiece. The electrode does not melt during the process; i.e. it is non-consumable.
8101 99 10
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 and note 5 (a) to Section XV, note 1 (d) to Chapter 74, subheading note 1 to Chapter 81 and by the w ording of CN codes 8101 , 8101 99 and 8101 99 10. The rods need to undergo a special tip grinding process in order to obtain the shape of the tip required to become electrodes properly usable for TIG w elding. Therefore, upon presentation to customs, the objective characteristics of the article are not those of w elding electrodes for w elding machines of heading 8515 . Consequently, classification as parts of machines or apparatus for arc w elding of metals of heading 8515 is excluded.
Given its objective characteristics and properties, the article corresponds to the w ording of heading 8101 , w hich includes tungsten (w olfram) and articles thereof. (See also the first paragraph of the Harmonized System Explanatory Notes (HSEN) to heading 8101 , w hich indicates that tungsten (w olfram) in the form of rolled or draw n bars falls in this heading. That provision is also in line w ith the first paragraph of the HSEN to heading 8311 , according to w hich electrodes of base metal not coated or cored w ith flux material are excluded from heading 8311 and are to be classified in the
International Trade Compliance Update | May 2021
107
Commission
Implemen tin g Regulation
Description of the goods
Baker McKenzie
Clas s if ic ation (CN code)
Reasons
appropriate Chapters according to their constituent material.)
The article is therefore to be classified under CN code 8101 99 10 as bars and rods, other than those obtained simply by sintering, of tungsten.
SECTION 337 ACTIONS
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C. 1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the importation of articles, importation and sale in the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337.
Inv.
Commodity
Action
337TA567 337TA1175
337TA1181
337TA1190 337TA1194 337TA1195 337TA1215 337TA1258 337TA1259 337TA1260 337TA1261
Certain Foam Footw ear
[Advisory Opinion Proceeding 2] Notice of the Issuance of an Advisory Opinion; Termination of the Advisory Opinion Proceeding
Certain Bone Cements and Bone Cement Accessories
Commission Determination to Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, Public Interest, and Bonding
Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same
Notice of Request for Submissions on the Public Interest
Certain Wearable Monitoring Devices, Systems, and Components Thereof
Commission Determination to Review in Part a Final Initial Determination Finding No Violation of Section 337; Affirmance of a Finding of No Violation of Section 337; Termination of Investigation
Certain High-Density Fiber Optic Equipment and Components Thereof
Notice of Request for Submissions on the Public Interest
Certain Electronic Candle Products and Components Thereof
Notice of Request for Submissions on the Public Interest
Certain Mobile Electronic Devices and Laptop Computers
Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of Investigation
Certain Smart Thermostat Systems, Smart
HVAC Systems, Smart HVAC Control Systems, And Components Thereof
Institution of Investigation based on a complaint filed on behalf of EcoFactor, Inc. alleging patent infringement
Certain Toner Supply Containers and Com- Institution of Investigation based on a complaint filed on behalf of
ponents Thereof (I)
Canon Inc.; Canon U.S.A., Inc.; and Canon Virginia, Inc.
Certain Toner Supply Containers and Com- Institution of Investigation based on a complaint filed on behalf of
ponents Thereof (II)
Canon Inc.; Canon U.S.A., Inc.; and Canon Virginia, Inc.
Certain LED Landscape Lighting Devices and Components Thereof
Institution of Investigation based on a complaint filed on behalf of Wangs Alliance Corporation d/b/a WAC Lighting alleging patent inf ringement
International Trade Compliance Update | May 2021
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Baker McKenzie
Inv.
Commodity
Action
337TA1262
Certain Skin Rejuvenation Resurfacing De- Institution of Investigation based on a complaint filed on behalf of
vices, Components Thereof, and Products InMode Ltd. of Israel and Invasix Inc. d/b/a InMode of Lake Forest,
Containing the Same
California alleging patent infringement
In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of 337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints:
Ref.
Commodity
Complaint filed on behalf of:
DN 3542 DN 3543 DN 3544 DN 3545
In the Matter of Certain Televisions, Remote Controls, and Components Thereof
Roku, Inc.
Certain High-Potency Sw eeteners, Processes for Making Same, and Products Containing Same
Celanese International Corporation, Celanese (Malta) Company 2 Limited and Celanese Sales U.S. Ltd.
In the Matter of Certain Fitness Devices, Streaming Compo- DISH DBS Corporation, DISH Technologies L.L.C., and
nents Thereof, and Systems Containing Same
Sling TV L.L.C
Certain Wearable Electronic Devices w ith ECG Capability and Components Thereof
AliveCor, Inc.
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.
WTO Safeguard Notifications
Notification
Member
G/SG/N/6/MA R/13 Morocco
Merchandise Street lights.
Action Initiation of safeguard investigation on 23-04-21
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
A549833 A570053 A570980
A570832
Citric Acid and Certain Citrate Salts From Thailand
Certain Aluminum Foil From China
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China
Pure Magnesium From China
A489822 Welded Line Pipe From Turkey
Action
Preliminary Results of ADD Administrative Review ; 2019-2020 Amended Final Results of ADD Administrative Review ; 2017-2019
Notice of Amended Final Results of the 2017 CVD Administrative Review
Preliminary Results of AD Administrative Review ; 2019-20 Final Rescission of ADD Administrative Review , in Part, and Final Deferral of Administrative Review , in Part; 2018-2019
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United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A560838 A557823 A549843 A552832 A469823
C570980
A570051 C570052 A570084
A489815 C714001 C821825
A570010
A580883
A523812 A580889 A570983 A570879 A588861 A560837
A475843
A557819
A791826
A469821
A723001
A823817
A570900
C201854 A533857 C489825 A570131 C570132
Polyester Textured Yarn From Indonesia, Ma- Postponement of Preliminary Determinations in the LTFV Investi-
laysia, Thailand, and Vietnam
gations
Utility Scale Wind Tow ers From Spain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China Certain Hardw ood Plyw ood Products From China
Certain Quartz Surface Products From China
Light-Walled Rectangular Pipe and Tube From Turkey Phosphate Fertilizers From Morocco and the Russian Federation
Certain Crystalline Silicon Photovoltaic Products From China
Certain Hot-Rolled Steel Flat Products From S. Korea Circular Welded Carbon-Quality Steel Pipe From Oman Dioctyl Terephthalate From S. Korea Draw n Stainless Steel Sinks From China
Preliminary Affirmative Determination of Sales at LTFV
Notice of Amended Final Results of the 2017 CVD Administrative Review
Preliminary Results of Changed Circumstances Review s, and Consideration of Revocation of the AD and CVD Orders in Part Preliminary Results of the ADD Administrative Review and Rescission of Administrative Review , in Part; 2018 2020
Preliminary Results of ADD Administrative Review ; 2019-2020
CVD Orders
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2014-2016, and Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Final Results of ADD Administrative Review ; 2017-2018; Correction
Final Results of ADD Administrative Review ; 2018-2019
Final Results of ADD Administrative Review ; 2018-2019
Final Results of ADD Administrative Review ; 2018-2019 Final Results of ADD Administrative Review ; 2019-2020
Polyvinyl Alcohol From China and Japan
Continuation of ADD Orders
Prestressed Concrete Steel Wire Strand From Indonesia
Prestressed Concrete Steel Wire Strand From Italy
Prestressed Concrete Steel Wire Strand From Malaysia
Prestressed Concrete Steel Wire Strand From South Africa
Prestressed Concrete Steel Wire Strand From Spain
Prestressed Concrete Steel Wire Strand From Tunisia
Prestressed Concrete Steel Wire Strand From Ukraine
Diamond Saw blades and Parts Thereof From China
Standard Steel Welded Wire Mesh From Mexico
Oil Country Tubular Goods From India
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Turkey
Final Affirmative Determination of Sales at LTFV and Final Affirmative Determination of Critical Circumstances, In Part Final Affirmative Determination of Sales at LTFV, and Final Negative Determination of Critical Circumstances
Final Affirmative Determination of Sales at LTFV
Final Affirmative Determination of Sales at LTFV
Final Affirmative Determination of Sales at LTFV and Final Negative Determination of Critical Circumstances
Final Affirmative Determination of Sales at LTFV
Final Affirmative Determination of Sales at LTFV, and Final Negative Determination of Critical Circumstances
Continuation of Antidumping Duty Order
CVD Order
Rescission of ADD Administrative Review ; 2019-2020 Final Results and Partial Rescission of CVD Administrative Review ; 2018
Tw ist Ties From China
AD and CVD Orders
International Trade Compliance Update | May 2021
110
Baker McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A570827
C570921 A893001 A400001 C834811 A580876 A570016 A533885 C533886 C570094 A423812
A570979
C570017
C570959
A533873
A520807
C570980
C570971
A552802
C570142
A570970
A557813
A851804
A570131 C570132 A570141 A525001 A351854 A891001
Certain Cased Pencils From China
Lightw eight Thermal Paper From China Silicon Metal From Bosnia and Herzegovina and Iceland: Silicon Metal From the Republic of Kazakhstan Welded Line Pipe From S. Korea Certain Passenger Vehicle and Light Truck Tires From China
Preliminary Results of ADD Administrative Review , Preliminary Determination of No Shipments, and Rescission of Review , in Part; 2018-2019 Rescission of CVD Administrative Review ; 2019
ADD Orders
CVD Order
Preliminary Results of ADD Administrative Review ; 2018-2019 Notice of Court Decision Not in Harmony w ith the Results of AD Administrative Review ; Notice of Amended Final Results
Polyester Textured Yarn From India
Rescission of ADD and CVD Administrative Review s; 2019-2020
Refillable Stainless Steel Kegs From China Rescission of CVD Administrative Review ; 2019
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium
Amended Final Results of ADD Administrative Review ; 2018-2019
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China
Preliminary Results of ADD Administrative Review , Partial Rescission of AD Administrative Review , and Preliminary Determination of No Shipments; 2018-2019
Passenger Vehicle and Light Truck Tires From China
Final Results and Partial Rescission of CVD Administrative Review ; 2018
Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses Rescission of CVD Administrative Review ; 2019 From China
Certain Cold-Draw n Mechanical Tubing of Carbon and Alloy Steel From India
Final Results of AD Administrative Review ; 2017-2019
Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates
Preliminary Results of ADD Administrative Review and Partial Rescission of ADD Administrative Review ; 2018-2019
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From China
Preliminary Results of CVD Administrative Review and Intent to Rescind, in Part; 2018
Multilayered Wood Flooring From China
Preliminary Results of CVD Administrative Review , and Intent to Rescind Review , in Part; 2018
Certain Frozen Warmw ater Shrimp From Vi- Notice of Court Decision Not in Harmony w ith the Results of A DD
etnam
Administrative Review ; Notice of Amended Final Results
Certain Walk-Behind Snow Throw ers and Parts Thereof From China
Initiation of CVD Investigation
Multilayered Wood Flooring From China
Preliminary Results of the ADD Administrative Review , Preliminary Determination of No Shipments, Preliminary Successor-in-Interest Determination, and Rescission of Review , in Part; 2018-2019
Polyethylene sia
Retail Carrier Bags From Malay-
Final Results of AD Administrative Review ; 2018-19
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Czech Re- ADD Order public
Tw ist Ties From China
AD and CVD Orders; Correction
Certain Walk-Behind Snow Throw ers and
Parts Thereof From China
A523814 A485809 A801001
Common Alloy Aluminum Sheet From Bahrain, Brazil, Croatia,
Initiation of LTFV Investigation ADD Orders
International Trade Compliance Update | May 2021
111
Baker McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A729803 A428849 A533895 A560835 A475842 C525002 C533896 C489840 C533872 C533902 A533901 A475838
A583853
A560823
A122857
A570898
A856001 Egypt, Germany, India, IndoneA791825 sia, Italy, Oman, Romania, SerA469820 bia, Slovenia, South Africa, A583867 Spain, Taiw an and Turkey A489839
Common Alloy Aluminum Sheet From Bahrain, India, and Turkey
Finished Carbon Steel Flanges From India
Organic Soybean Meal From India Organic Soybean Meal From India Certain Cold-Draw n Mechanical Tubing of Carbon and Alloy Steel From Italy
Certain Crystalline Silicon Photovoltaic Products From Taiw an
Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia Certain Softw ood Lumber Products From Canada
Chlorinated Isocyanurates From China
CVD Orders
Final Results of CVD Administrative Review and Partial Rescission, 2018 Initiation of CVD Investigation Initiation of LTFV Investigation
Final Results of ADD Administrative Review ; 2017-2019
Preliminary Results; Preliminary Intent to Rescind and Partial Rescission of ADD Administrative Review ; and Preliminary Determination of No Shipments; 2019-2020
Rescission of ADD Administrative Review ; 2019 - 2020
Notice of Initiation and Preliminary Results of A DD Changed Circumstances Review Final Results of ADD Administrative Review , and Final Determination of No Shipments; 2018-2019
United States International Trade Commission (USITC)
Inv. 731TA282 701TA462 731TA1156-1158 731TA1043-1045 701TA531-532 731TA1270-1273
731TA1092
TA20177
731TA1014 and 1016
701TA650-651
Merchandise/Country
Action
Petroleum Wax Candles from China [Fifth Review ] Institution of a Five-Year Review
Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiw an, Thailand, and Vietnam
[SECOND REVIEW] Institution of Five-Year Review s [THIRD REVIEW] Institution of Five-Year Review s
Polyethylene Terephthalate (PET) Resin from Canada, China, India, and [REVIEW] Institution of Five-Year Review s
Oman
Diamond Saw blades and Parts Thereof From China
[SECOND REVIEW] Determination that revocation of the ADD order w ould be likely to lead to continuation or recurrence of material injury to an industry in the United States w ithin a reasonably foreseeable time
Fresh, Chilled, or Frozen Blueberries
Determination that subjects are not being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the domestic industry producing an article like or directly competitive w ith the imported article
Polyvinyl Alcohol From China and Japan
[THIRD REVIEW] Determinations that revocation of the ADD orders w ould be likely to lead to continuation or recurrence of material injury to an industry in the United States w ithin a reasonably foreseeable time
Phosphate Fertilizers From Morocco [Final] Determinations that an industry in the United States is ma-
and Russia
terially injured by reason of imports that have been found by
International Trade Compliance Update | May 2021
112
Baker McKenzie
United States International Trade Commission (USITC)
Inv.
Merchandise/Country
Action
701TA666 731TA1558
701TA523 731TA1259
701TA667 731TA1559
701TA464 731TA1160
Commerce to be subsidized by the governments of Morocco and Russia
Walk-Behind Snow Throw ers From China
[PRELIMINARY ] Institution of antidumping and countervailing duty investigations and scheduling of preliminary phase investigations
Boltless Steel Shelving Units Prepackaged for Sale From China
[Review ] Scheduling of Expedited Five-Year Review s
Organic Soybean Meal From India
[Preliminary] Institution of antidumping and countervailing duty investigations and scheduling of preliminary phase investigations
Prestressed Concrete Steel Wire Strand From China
[SECOND REVIEW] Scheduling of expedited five-year review s
701TA653
701TA465 731TA1161
701TA649 731TA1523
701TA-660-661 731TA1543-1545
701TA665 731TA1557
701TA652 731TA1524-1525
Standard Steel Welded Wire Mesh From Mexico
[FINAL] Determination that an industry in the United States is materially injured
Certain Steel Grating From China
[SECOND REVIEW] Scheduling of expedited five-year review s
Tw ist Ties From China
[FINAL] Determinations that an industry in the United States is materially injured
Utility Scale Wind Tow ers From India, [FINAL] Scheduling of the Final Phase of CVD and ADD Investiga-
Malaysia, and Spain
tions
Certain Mobile Access Equipment and [Preliminary] Determinations that there is a reasonable indication Subassemblies Thereof From China that an industry in the United States is materially injured
Silicon Metal From Bosnia and Herze- [FINAL] Determinations that an industry in the United States is
govina, Iceland, and Kazakhstan
materially injured
731TA1474
Ultra-High Molecular Weight Polyethylene from Korea
[FINAL] Determination that an industry in the United States is not materially injured or threatened w ith material injury, and the establishment of an industry in the United States is not materially retarded
731TA1505-1507, 1510-1511, 1513, 1515
Prestressed Concrete Steel Wire
Strand from Indonesia, Italy, Malaysia, South Africa, Spain, Tunisia, and
[FINAL] Scheduling of the Final Phase of the ADD Investigations
Ukraine
731TA1529
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Czechia
[FINAL] Determination that an industry in the United States is materially injured
701TA639, 641-642 731TA1475-1479,
1481-1483, 1485-
1492
Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiw an, and Turkey
[FINAL] Determinations that an industry in the United States is materially injured. The Commission terminated its CVD investigation on common alloy aluminum sheet from Brazil and its ADD investigations on common alloy aluminum sheet from Greece and Korea (86 FR 14338, March 15, 2021) follow ing negative final determinations by Commerce.
731TA1560-1564
701TA643 731TA1493
Raw Honey from Argentina, Brazil, In- [PRELIMINARY ] Institution of ADD Investigations and Scheduling of
dia, Ukraine, and Vietnam
Preliminary Phase Investigations
Small Vertical Shaft Engines From China
[FINAL] Determinations that an industry in the United States is materially injured
Canadian International Trade Tribunal (CITT)
Ref. Number RR-2020-005
Merchandise/Country
Dumping and subsidizing of Carbon Steel Bar Grating and alloy steel bar grating...originating in or exported from China
Action Notice of Expiry Review of Order
International Trade Compliance Update | May 2021
113
Canadian International Trade Tribunal (CITT)
Baker McKenzie
Ref. Number
Merchandise/Country
Action
GC-2018-001-NE RD-2020-003 PI-2021-001 NQ-2020-003 NQ-2020-005
Certain Steel Goods safeguards
Notice of Expiry of Order on 10-24-21: As no extension re-
quests in respect of the Surtax Order w ere received by 0412-21, the CITT w ill not commence an extension inquiry.
Welded Large Diameter Carbon and Alloy Steel Line Pipe originating in or exported from China Interim Review Order (Amending Finding) and Japan.
Certain Small Pow er Transformers originating in or exported from Austria, Chinese Taipei, and S. Notice of Commencement of Preliminary Injury Inquiry Korea
Certain w heat gluten, originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania
Finding
Certain hot-rolled deformed steel concrete reinforcing bar originating in or exported from the Revised Notice of Commencement of Inquiry Oman and the Russian Federation.
Canada Border Services Agency (CBSA)
Ref. Number WG 2020 IN SPT 2021 IN FAS 2020 UP1
Merchandise/Country
Action
Certain w heat gluten originating in or exported from Australia, Austria, Belgium, France, Germany and Statement of Reasons--final determination
Lithuania
Certain small pow er transformers from Austria, Chinese Taipei, and South Korea
Notice of initiation of an investigation
Certain carbon steel fasteners (fasteners) exported from Chinese Taipei
Conclusion of normal value review
NAFTA and USMCA Panels
Case Number None
Merchandise/Country
Action
Mexico - Ministry of Economy
Ref. E.C. 05/21 E.C. 20/19
Merchandise/Country
Carbon steel pipe w ith straight and helical longitudinal seam originating in the USA, Spain and India Domestic or commercial blenders originating in China
Action
Resolution declaring the initiation of the administrative procedure for the review of the validity of ADD Final Resolution of the administrative procedure for review ing the validity of ADD
European Union
Ref erence (EU) 2021/582
Merchandise/Country
Action
Aluminium flat-rolled products originating in China
Commission Implementing Regulation imposing a provisional ADD
International Trade Compliance Update | May 2021
114
European Union
Baker McKenzie
Ref erence (EU) 2021/607 (EU) 2021/633 (EU) 2021/635 (EU) 2021/659
Merchandise/Country
Action
Citric acid originating in China as extended to imports of citric acid consigned Commission Implementing Regulation imposing a definitive ADD from Malaysia, w hether declared as orig- follow ing an expiry review inating in Malaysia or not,
Monosodium glutamate originating in the People's Republic of China and in Indo-
nesia
Commission Implementing Regulation on imports follow ing an expiry review
imposing a definitive ADD
Certain w elded pipes and tubes of iron
or non-alloyed steel originating in Belarus, the People's Republic of China and
Russia
Commission Implementing Regulation imposing a definitive ADD on follow ing an expiry review
Certain bicycle parts originating in China
Commission Implementing Decision concerning exemptions from the extended ADD
UK Department for International Trade Trade Remedies Investigations Directorate
Case
TD0003 TD0010 TD0011
Merchandise/Country
Certain pre- and post-stressing w ires and w ire strands of non-alloy steel (PSC w ires and strands) originating in China High fatigue performance iron or steel concrete reinforcing bars (HFP Rebar) from China Cold rolled flat steel from China and Russia
Action
Statement of Essential Facts Notice of initiation Notice of initiation
Australian Anti-Dumping Commission
Notice Case
Merchandise/Country
Action
2021/030 560 2021/032 562 2021/034 540
2021/036 541 2021/042 569 2021/043 540 2021/044 541
2021/045 544 2021/046 560
2021/047 553 2021/049
2021/050 2021/051
Steel reinforcing bar from China
Findings of the Continuation Inquiry
Rod in coil from China
Findings of the Continuation Inquiry
Aluminium extrusions (mill finish) from Malaysia
Partial termination of an investigation
Aluminium extrusions (surface finished) from Malaysia
Partial termination of an investigation
Grinding balls from China
Extension of time to publish SEF and Final Report
Aluminium extrusions (mill finish) from Malaysia
Extension of time to provide Final Report
Aluminium extrusions (surface finished) from Malaysia
Extension of time to provide Final Report
Aluminium extrusions from Malaysia, Vietnam
Extension of time to provide Final Report
Steel reinforcing bar from China
Notice for longer period for the declaration of the Minister for Industry, Science and Technology
Painted steel strapping from China, Vietnam
Extension of time to publish SEF and Final Report
A4 copy paper from Brazil, China, Indonesia, Thailand
Expiry of Measures
Resealable can end closures from Malaysia, Philippines, Singapore
Expiry of Measures
Various
Monthly Status Report - March 2021
International Trade Compliance Update | May 2021
115
Australian Anti-Dumping Commission
Baker McKenzie
Notice Case
Merchandise/Country
Action
2021/054 582 2021/056 553
2021/057 566
Clear float glass from Malaysia, U.A.E Painted steel strapping from China, Vietnam
Steel reinforcing bar from Korea, Singapore, Spain, Taiw an
Initiation of investigation Preliminary Affirmative Determination - PAD 553
Extension of time to issue SEF and Final Report
China Ministry of Commerce (MOFCOM)
Ref.
Merchandise/Country
Action
5, 2021 8,2021
Unbleached paper bags originating in the United States, the European Union, and Japan
Nylon 6 slices originating in the United States, the European Union, Russia and Taiw an
Launch of a final review investigation into AD measures Launch of a final review investigation into AD measures
Government of India Ministry of Finance (Department of Revenue)
Notification
Merchandise/Country
Action
20/2021-Cus (ADD) 05-04-21
21/2021-Cus (ADD) 12-04-21
22/2021-Cus (ADD) 15-04-21
Flexible Slabstock Polyol of molecular w eight 30004000 originating in or exported from Saudi Arabia and the United Arab Emirates
Normal Butanol or N-Butyl alcohol originating in or exported from the European Union, Malaysia, Singapore, South Africa and the USA
Barium Carbonate originating in or exported from China PR
Imposes ADD for a period of five years Imposes ADD for a further period of five years Extends ADD upto 20 October, 2021
23/2021-Cus (ADD) 20-04-21
24/2021-Cus (ADD) 26-04-21
25/2021-Cus (ADD) 26-04-21
26/2021-Cus (ADD) 27-04-21
27/2021-Cus (ADD) 27-04-21
28/2021-Cus (ADD) 27-04-21
Nylon Filament Yarn originating in or exported from Amends notification imposing ADD to exclude
Vietnam and the European Union
goods of certain specification from scope of ADD
Polytetrafluoroethylene (PTFE) originating in or exported from Russia being circumvented by imports of Polytetrafluoroethylene exported from Korea RP
Imposes ADD on import of Polytetrafluoroethylene (PTFE) originating in or exported from Korea RP
Polytetrafluoroethylene (PTFE) originating in or exported from Russia being circumvented by imports of Polytetrafluoroethylene Products (PTFE Products) originating in or exported from China PR
Imposes ADD on import of Polytetrafluoroethylene Products (PTFE Products) originating in or exported from China PR
1-Phenyl-3-Methyl-5- Pyrazolone originating in or exported from China PR
Imposes ADD for a period of five years from the date of imposition of provisional ADD i.e., 9 June, 2020
Toluene Di-Isocyanate (TDI) having isomer content in the ratio of 80:20 originating in or exported from the European Union, Saudi Arabia, Chinese Taipei and the United Arab Emirates
Rescinds Notification imposing provisional ADD
Imposes ADD for a period of five years from the date of imposition of provisional ADD i.e., 2 December, 2020.
International Trade Compliance Update | May 2021
116
Baker McKenzie
Government of India Ministry of Commerce and Industry (Department of Commerce)
File and Date
Merchandise/Country
Action
INITIA TIONS
7/7/2021-DGTR 19-04-21
Axle for Trailers originating in or exported from China PR Initiates Sunset Review of ADD imposed
FINAL FINDINGS
6/7/2020-DGTR 16-04-21
Copper & Copper Alloy Flat Rolled Products originating in and exported from China PR, Korea RP, Malaysia, Ne- Final Findings issued in AD Investigation pal, Sri Lanka, and Thailand
6/13/2020-DGTR 20-04-21
Plain Medium Density Fibre Board having thickness less than 6 mm originating in or exported from Vietnam, Malaysia, Thailand and Indonesia
Final Findings issued in AD Investigation
OTHERS
354/31/2021-TRU 30-03-2021
Clear Float Glass of nominal thicknesses ranging from 4mm to 12mm (both inclusive) originating in or exported from Malaysia
Notifies decision of the Central Government not to impose Anti-subsidy Duty as proposed by the Designated Authority in Final Findings
7/37/2020-DGTR 01-04-21
Tyre Curing Presses for Tyres originating in and exported from China PR
7/37/2020-DGTR 06-04-21
Notifies registered interested parties in Sunset Review of ADD imposed and directs interested parties to email Non-Confidential Version of submissions filed and future submissions to interested parties w ith copy to the Investigation Team
Notifies final Product Control Number (PCN) methodology in Sunset Review of ADD imposed requesting interested parties to file comments by 9 April, 2021
8/3/2021-DGTR 06-04-21
-
Amends Trade Notice providing that as on the date of application for initiation of Anti-dumping Duty or Countervailing Duty investigation, the Period of Investigation should not be older than 4 months
6/1/2021-DGTR 07-04-21
Melamine originating in and exported from the European Union, Japan, Qatar and the United Arab Emirates
Time for filing questionnaire response in Sunset Review of ADD imposed extended until 14 April, 2021
7/45/2020-DGTR 07-04-21
Welded Stainless Steel Pipes and Tubes originating in or exported from China PR and Vietnam
Time for filing questionnaire response in Mid Term
Review to review product scope of Countervailing Duty imposed extended until 17 April, 2021
7/6/2021-DGTR 09-04-21
Cold Rolled/ cold reduced flat steel products of iron or Non-Alloy Steel, or other Alloy Steel of all w idth and thickness, not clad, plated or coated originating in or exported from China PR, Japan, Korea RP and Ukraine
Time for filing comments on proposed Product Control Number (PCN) methodology in Sunset Review of ADD imposed extended until 14 April, 2021
12-04-21
8/3/21-DGTR 12-04-21
Phenol originating in or exported from the European Union and Singapore
Notifies registered interested parties in Sunset Review of ADD imposed
Notifies revised timelines and procedure for filing application for Sunset Review of ADD imposed
7/37/2020- DGTR Tyre Curing Presses for Tyres originating in and ex-
13-04-21
ported from China PR
Notifies final Product Control Number (PCN) methodology in AD Investigation requesting interested parties to file questionnaire response by 23 April, 2021
7/1/2021-DGTR 19-04-21
1,1,1,2-Tetrafluoroethane or R-134a originating in or exported from China PR
Notifies registered interested parties in Sunset Review of ADD imposed and directs interested parties to email Non-Confidential Version of submissions filed and future submissions to interested parties w ith copy to the Investigation Team
6/55/2020-DGTR 20-04-21
PU leather originating in or exported from China PR
Time for filing questionnaire response in AD Investigation extended until 30 April, 2021
International Trade Compliance Update | May 2021
117
Baker McKenzie
Government of India Ministry of Commerce and Industry (Department of Commerce)
File and Date
Merchandise/Country
Action
7/43/2020-DGTR 20-04-21
7/5/2021-DGTR 22-04-21
7/6/2021-DGTR 22-04-21
354/121/2020TRU 28-04-21
Notifies registered interested parties in Sunset Re-
Seamless Non-Alloy
Tubes, Pipes & Hollow Profiles of Iron, Alloy or Steel originating in or exported from China PR
view of ADD imposed and directs interested parties to email Non-Confidential Version of submissions filed and future submissions to interested
parties w ith copy to the Investigation Team
Hot-Rolled flat products of alloy or non-alloy steel originating in or exported from China PR, Japan, Korea RP, Russia, Brazil and Indonesia
Notifies final Product Control Number (PCN) methodology in Sunset Review of ADD imposed
Cold Rolled/cold reduced flat steel products of iron or Non-Alloy Steel, or other Alloy Steel of all w idth and thickness - not clad, plated or coated originating in or exported from China PR, Japan, Korea RP and Ukraine
Notifies final Product Control Number (PCN) methodology in Sunset Review of ADD imposed
Phenol originating in or exported from Thailand and USA
Notifies decision of the Central Government not to impose ADD on imports from Thailand as proposed by the Designated Authority in Final Findings
Argentina Ministry of Productive Development
Ref. Number
Res. 132/2021 RESOL-2021132-APN-MDP Res. 131/2021 RESOL-2021131-APN-MDP Res.119/2021 RESOL-2021119-APNSIECYGCE- MDP
Merchandise/Country
Certain Centrifugal Electropumps, originating in China
Certain Hydroxide-based fungicides, etc. originating in Chile, Peru, Uruguay and USA
Certain Diisocyate of Tolueno 80:20 originating in the USA
Action
Expiry examination of the AD measure resulted in continuation of the ADD fot 5 years Close the examination due to the expiration of the term of the measure, Chilean and US products to have an ad valorem duty; non-preferential origin control regime
Continue AD investigation w ithout provisional AD duties
Brazil Ministry of Economy
Ref erenc e SECEX Cir. 23 GECEX Res. 186 SECEX Cir. 25 SECEX Cir. 26 SECEX Cir. 27 GECEX Res. 187
Merchandise/Country
Action
Polypropylene resins from S. Korea
Rejected Braskem S.A.'s request for reconsideration, in the light of Circular Secex No. 84 of 2020, w hich closed the review of the antidumping measure, w ithout extension of that measure
Butyl acrylate originating in the USA
Extends the application of the definitive ADD, for a period of up to five (5) years
Metallic magnesium in crude forms originating in China
Extends the deadline for completion of the review of AD measure; Make public the facts that justified the decision to initiate the scope assessment,
Tablew are objects originating in China
Initiates evaluation of the scope of the ADD: Make public the facts that justified the decision to initiate the scope assessment,
Butyl acryletate originating rica and Chinese Taipei;
in South Af-
Extends the deadline for completion of the review of an AD measure; Make public the deadlines that w ill serve as a parameter for the remainder of that review .
Polypropylene resin (PP) originating in South Africa and India
Rejects reconsideration of tw o requests
International Trade Compliance Update | May 2021
118
Baker McKenzie
Brazil Ministry of Economy
Ref erenc e SECEX Cir. 28 SECEX Cir. 29
Merchandise/Country
Action
EBMEG, originating in Germany and the United States of America
Plastic tubes for vacuum blood collection originating in Germany
Begins review of ADD
Closes the review of the AD measure, w ithout extension of this measure
Opportunity to Request Administrative Review
In an April 1, 2021 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 April anniversary dates:
Editor, International Trade Compliance Update
Stuart P. Seidel Washington, D.C. +1 202 452 7088 stu a rt.se i d e l @b a ke rm cke n zi e .co m
This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowledgementson the last page
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
Antidum ping Duty Proceedings
ARGENTINA: Biodiesel
A-357-820
INDIA: Carbon and Alloy Steel Threaded Rod
A-533-887
INDONESIA: Biodiesel
A-560-830
REPUBLIC OF KOREA: Phosphor Copper
A-580-885
THAILAND: Rubber Bands
A-549-835
PR of CHINA: 1,1,1,2- Tetrafluoroethane (R-134A)
A-570-044
Activated Carbon
A-570-904
Aluminum Foil
A-570-053
Carbon and Alloy Steel Threaded Rod
A-570-104
Draw n Stainless Steel Sinks
A-570-983
Magnesium Metal
A-570-896
Non-Malleable Cast Iron Pipe Fittings
A-570-875
Stainless Steel Sheet and Strip
A-570-042
Certain Steel Threaded Rod
A-570-932
Wooden Cabinets and Vanities and Components Thereof
A-570-106
Countervailing Duty Proceedings
INDIA: Carbon and Alloy Steel Threaded Rod
C-533-888
PR of CHINA: Aluminum Foil
C-570-054
Carbon and Alloy Steel Threaded Rod
C-570-105
Draw n Stainless Steel Sinks
C-570-984
Stainless Steel Sheet and Strip
C-570-043
Wooden Cabinets and Vanities and Components Thereof
C-570-107
None
Suspension Agreements
4/1/20 - 3/31/21 9/25/19 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 9/25/19 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21 4/1/20 - 3/31/21
10/9/19 - 3/31/21
7/29/19 - 12/31/20 1/1/20 - 12/31/20 7/29/19 - 12/31/20 1/1/20 - 12/31/20 1/1/20 - 12/31/20
8/12/19 - 12/31/20
Requested Reviews
In an April 1, 2021 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidum ping Duty Proceedings
INDIA: Certain Frozen Warmw ater Shrimp
A-533-840
Stainless Steel Bar
A-533-810
Period
2/1/20 - 1/31/21 2/1/20 - 1/31/21
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Baker McKenzie
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
ITALY: Stainless Steel Butt-Weld Pipe Fittings MALAYSIA: Stainless Steel Butt-Weld Pipe Fittings MEXICO: Large Residential Washers PHILIPPINES: Stainless Steel Butt-Weld Pipe Fittings S. KOREA: Certain Cut-To-Length Carbon-Quality
Teel Plate VIETNAM: Certain Frozen Warmw ater Shrimp TAIWAN: Crystalline Silicon Photovoltaic Products THAILAND: Certain Frozen Warmw ater Shrimp PR of CHINA: Common Alloy Aluminum Sheet
Certain Frozen Warmw ater Shrimp Certain Hardw ood Plyw ood Products Multilayered Wood Flooring Truck and Bus Tires Uncovered Innerspring Units
A-475-828 A-557-809 A-201-842 A-565-801
A-580-836 A-552-802 A-583-853 A-549-822 A-570-073 A-570-893 A-570-051 A-570-970 A-570-040 A-570-928
2/1/20 - 1/31/21 2/1/20 - 1/31/21 2/1/20 - 1/31/21 2/1/20 - 1/31/21
2/1/20 - 1/31/21 2/1/20 - 1/31/21 2/1/20 - 1/31/21 2/1/20 - 1/31/21 2/1/20 - 1/31/21 2/1/20 - 1/31/21 1/1/20 - 12/31/20 12/1/19 - 11/30/20 2/1/20 - 1/31/21 2/1/20 - 1/31/21
Countervailing Duty Proceedings
INDIA: Certain Cold-Draw n Mechanical Tubing of
Carbon and Alloy Steel
C-533-874
S. KOREA: Certain Cut-To-Length Carbon-Quality
Steel Plate
C-580-837
PR of CHINA: Aluminum Wire and Cable
C-570-096
Common Alloy Aluminum Sheet
C-570-074
Truck and Bus Tires
C-570-041
1/1/20 - 12/31/20
1/1/20 - 12/31/20 4/8/19 - 12/31/19 1/1/20 - 12/31/20 1/1/20 - 12/31/20
Suspension Agreements
None Correction: The Department of Commerce published a document in the Federal Register of March 4,
2021, in which it initiated administrative reviews of AD and CVD orders and findings with January anniversary dates. That document was missing information regarding the AD administrative review of wooden bedroomfurniture fromthe People's Republic of China. The missing information was published in a 04-12-21 correction notice.
Mattias Hedw all Global Chair International Commercial & Trade
International Commercial & Trade Leadership Team Regional Chairs / Steering Committee
Anne Petterd Sy dney
Asia Pacif ic
Sunny Mann London
EMEA
Alej andro C. MesaNeira
Bogota Latin America
Jennifer Trock Washington DC
North America
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