March 2018 International Trade Compliance Update

1 International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption) Newsletter | March 2018 Please see our Webinars, Meetings, Seminars section for the full schedule of webinars in the 2018 Global Trade and Supply Chain Webinar Series - Continuing Challenges in Global Trade, names of speakers, contacts and information on how to register for one or more of these complimentary webinars, as well as information on other events. In addition, there are links to video recordings of past webinars and the 2017 Year-End Export Import Seminar in Santa Clara, California. To keep abreast of international trade-related news, visit our blogs: For International Trade Compliance Updates, please regularly visit www.internationaltradecomplianceupdate.com. For additional articles and updates on Trade Sanctions and Export Controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. For resources and news regarding international trade, particularly in Asia, please visit our new Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. To see how BREXIT (the UK exiting the EU) may affect your business, visit http://brexit.bakermckenzie.com/ For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/. Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source may usually be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered. In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) Trade compliance enforcement actions - import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBSA Advance Rulings CBP Rulings: Downloads and Searches CBP Rulings: Revocations or Modifications European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | March 2018 2 World Trade Organization (WTO) Trade Policy Reviews: Malaysia, Egypt The seventh review of the trade policies and practices of Malaysia took place on 14 and 16 February 2018. The basis for the review was a report by the WTO Secretariat and a report by the Government of Malaysia. The fourth review of the trade policies and practices of Egypt took place on 20 and 22 February 2018. The basis for the review is a report by the WTO Secretariat and a report by the Government of Egypt. Recent disputes The following disputes have been recently brought to the WTO. Click on the case (“DS”) number below to go to the WTO website page for details on that dispute. DS No. Case Name Date DS475 Russian Federation – Measures on the importation of live pigs, pork and other pig products from the EU – Recourse to Art 21.5, DSU – Russian Federation request for consultations 30-01-18 DS475 Russian Federation – Measures on the importation of live pigs, pork and other pig products from the EU – Recourse to Art 21.5, DSU - EU request for consultations 07-02-18 Imposition of a Safeguard Measure by the United States on Imports of Crystalline Silicon Photovoltaic Cells - EU request for consultations. 07-02-18 DS539 United States - Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available – South Korea request for consultations 20-02-18 DS540 United States - Certain Measures Concerning Pangasius Seafood Products from Viet Nam - Request for consultations by Viet Nam 27-02-18 DSB activities During the period covered by this update, the Dispute Settlement Body (DSB) or parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents): DS No. Case Name Activity Date DS456 India — Certain Measures Relating to Solar Cells and Solar Modules [Complainant: US] US did not agree to a compliance panel 09-02-18 DS464 United States — Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea [Complainant: Korea] US agreed to implement DSB rulings and recommendations DS495 Korea, Republic of — Import Bans, and Testing and Certification Requirements for Radionuclides [Complainant: Japan] Panel report circulated 22-02-18 DS371 Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines [Complainant: Philippines] Revised request for consultations - 2nd recourse to Art. 21.5 DSU 26-02-18 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 SecreThe International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] A note on spelling, grammar and dates-- In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | March 2018 3 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) Agenda for 61st HSC session published by CBP US Customs and Border Protection (CBP) has published the Agenda for the 61st session of the WCO Harmonized System Committee (HSC) in the Customs Bulletin and Decisions dated February 14, 2018. The HSC session will be held from 6 March 2018 through 16 March 2018, with a Professional Working Party session scheduled from 1 March through 5 March. The Agenda lists classification requests by member administrations, as well as reports by the Secretariat, the Scientific Sub Committee, the HS Review Sub-Committee, the Presessional Working Party, reservations on classification opinions adopted in previous HSC sessions, request for further studies, and other matters. Please see the Agenda for the specific products to be discussed at the HSC session. Classification decisions taken at the 60th Session of the Harmonized System Committee have been released On 1 February 2018, the WCO announced that the Harmonized System Committee (HSC) held its 60th Session at WCO Headquarters in Brussels from 27 September to 6 October 2017. The decisions taken by the HSC during this session have now been published on the WCO website. The announcement said: These include, in particular, 21 new Classification Opinions and 18 sets of amendments to the HS Explanatory Notes, as well as 45 Classification Rulings ing. These rulings deal with, among other things, blanched green shell mussels; quinoa, normally used for human consumption, which has undergone the removal of the saponin layer after harvest; silica fume; a cover made of plastics and specifically designed for smartphones; footwear made of plastics known as “sandals for adults made of plastics” and “sandals for children made of plastics”; a laminar air flow clean bench; an electronic interactive whiteboard, size 78 inches, consisting of a touchsensitive, dry-erase surface with multi-touch functionality, which accepts touch input from a pen or a finger; an insulated gate bipolar transistor (IGBT) module; books and sound reproducing apparatus, also called “Future Book Set”; a thin-film solar module; an integrated circuit (IC) checking instrument; and a Stand Up Paddle (SUP) Board. Downloads • Classification Rulings – HS Committee 60th Session • Amendments to the Compendium of Classification Opinions – HS Committee 60th Session • Amendments to the Harmonized System Explanatory Notes – HS Committee 60th Session Announcements and news releases [dd-mm-yy] Date Title 01-02-18 Classification decisions taken at the 60th Session of the Harmonized System Committee have been released Directors General of Customs of MENA region meet to discuss priority issues for the region 08-02-18 WCO provides assistance for Rwanda and Uganda on Customs valuation WCO delivers a Risk Management Framework Workshop in Jordan Baker McKenzie International Trade Compliance Update | March 2018 4 Date Title 09-02-18 First Global Cross-Border E-Commerce Conference takes off 12-02-18 Experts in Asia/Pacific Region gathered to learn, share and contribute on AEO & MRA matters First Global Cross-Border E-Commerce Conference concludes with the Beijing Declaration 13-02-18 MERCATOR PROGRAMME - WCO supports Tax and Customs Authority of Guatemala (SAT) on implementing TFA Comoros benefits from the WCO People Development Support Programme WCO supports the Customs Laboratory of Albania in building its capacity for analysing mineral oils 14-02-18 El Salvador Customs is adopting the WCO Data Model The WCO supports Colombian Customs with technical assistance for implementing Advance Passenger Data 15-02-18 The 3rd Steering Committee Meeting of the WCO-ESA Project II WCO Facilitates Strategic Planning Workshop in Jamaica Regional Accreditation Workshop for Expert Trainers on HS in the Asia Pacific Region 16-02-18 WCO diagnostic mission in Haiti Specialized training on countering trafficking of cultural objects deployed within the scope of the WCO-UNODC Container Control Programme in Jordan National Workshop on Strategic Trade Control Enforcement (Jakarta, 5 - 8 February) 19-02-18 WCO enhances the Zimbabwe Revenue Authority’s capacities in Project Management WCO supports Ethiopia in adopting a blended training approach and positively evaluates Mercator engagement 20-02-18 WCO supports Sudan Customs to develop its capacities in post-clearance audit 21-02-18 WCO supports Cuban Customs with technical assistance to implement the WCO Data Model Over 41,000 artefacts seized in global operation targeting trafficking of cultural goods 74th WCO Fellowship Programme concludes 22-02-18 WCO provides strategic support to the Guyana Revenue Authority (GRA) 23-02-18 Latest edition of WCO News now available New WCO Counter-Terrorism Initiative for West and Central Africa to be funded by Japan WCO addresses the UN Security Council's Counter-Terrorism Committee 27-02-18 19th Meeting of the SAFE Working Group finalized the 2018 edition of the SAFE Framework of Standards 28-02-18 WCO’s WACAM Project supports the Burkina Faso Customs Administration in the preparation of its first Time Release Study (TRS) Other International Matters Trans-Pacific Partnership Agreement CPTPP – the Gold Standard without the United States The 11 parties to the Trans-Pacific Partnership Agreement who remained following the withdrawal of the United States have set March 8th in Chile as the date for signing the successor to that agreement, the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (“CPTPP”). Once ratified by at least six (6) of the 11 parties, the CPTPP will enter into force. Below is a synopsis of what has changed in the new agreement and an overview of opportunities for businesses operating in the CPTPP area. Baker McKenzie International Trade Compliance Update | March 2018 5 Approximately 20 provisions in the original TPP have been “suspended” in the new CPTPP. Many of them were the more difficult concessions that the United States pushed for in the TPP negotiations, including: Suspended Provisions Summary Express Shipment Suspends provisions supporting expedited express shipments; no obligation to review custom duties on express shipments Investor State Dispute Settlement Operative provisions suspended; businesses cannot sue parties for breaches of investment contracts Express Delivery Services Suspends provisions addressing postal monopoly and crosssubsidization and abuse of a postal monopoly's position Financial Services Suspends investors right to make claims on breach of minimum standard of treatment and other financial services claims Telecommunication Disputes Suspends the ability to appeal determinations of a parties' telecommunications regulatory bodies in order to resolve telecommunication disputes Labor Rights in Government Procurement Contains fewer labor right commitments for procuring entities to promote compliance with labour laws in the government procurement process Government Procurement Expansion Suspends the requirement for negotiations to expand the government procurement chapter Intellectual Property Rights and Patents Chapter 18 includes the most suspensions including suspension of measures agreed with respect to: patentable subject matter; patent term adjustments for unreasonable curtailment; protection of undisclosed test or other data; terms of copyright protection; technological protection measures; rights management information; protection of encrypted program carrying satellite and cable signals; legal remedies and safe harbours Biologics No data or market protections for new medicines, including biologics (5-8 year requirement is suspended). Term for Copyright The measure requirement that copyright protection be extended to 70 years is suspended. Endangered Species Parties do not have to take action to address violations of wildlife trafficking laws. Pharma Products and Medical Devices Suspends the transparency and procedural fairness requirements for listing new products and devices for reimbursement purposes for pharmaceutical products and medical devices What are the Opportunities and Benefits for Businesses Operating in the Region? Transparency and Trade Facilitation Many of the benefits related to tariff reduction, non-tariff barriers to trade and transparency remain in the agreement. Some of the highlights include the following: • progressive elimination of customs duties on certain non-originating goods, • elimination of waivers for customs duties, which are conditioned on the fulfillment of a performance requirement, • elimination of customs duties for goods re-entered into a host country for repair or alteration, • the duty-free entry of commercial samples and advertising materials, • the duty-free entry of goods that are temporarily imported including goods intended for display or demonstration, sports purposes, commercial samples and advertising films and recordings and goods admitted for sports purposes, • elimination of certain restrictions on imports and exports including commercial cryptographic goods and remanufactured goods, Baker McKenzie International Trade Compliance Update | March 2018 6 • consistency and transparency for import licensing requirements and transparency of export licensing procedures, • the assurance that administrative fees and formalities are not indirect protection for domestic goods or a taxation on imports or exports, • prohibition on export duties, taxes and other charges unless the duties, taxes and charged are applied to domestic consumption, and • transparency and publication of rules and regulations including penalty provisions and appeal procedures. Trade in Goods Additionally, the rules of origin that will be applicable to trade in goods will provide opportunities for many businesses in the region and include: • Made in the CPTPP. There are three ways to define “Made in the CPTPP” which allows goods to receive reduced tariffs. First, goods that are wholly obtained or produced in CPTPP countries such as crops and fish are considered Made in the CPTPP. Also, those goods produced exclusively from CPTPP materials also receive Made in the CPTPP benefits. Finally, many goods may be considered TPP originating if they meet product-specific rules. The product-specific rules limit the type or amount of non-CPTPP materials allowed in production and therefore encourage investment and sourcing in CPTPP countries. • Cumulation. For purposes of producing goods, the CPTPP generally treats materials from one CPTPP country the same as another CPTPP country. This allows for the concept of “cumulation” and provides incentives for businesses to integrate production and supply chains within the CPTPP countries. • Recovered Materials and Remanufactured goods. When recovered materials derived from a CPTPP country are used in the production of remanufactured goods, the CPTPP allows for the recovered materials to be originating and “CPTPP material,” which encourages domestic production of remanufactured goods. • Transit and Transshipment. Chapter three ensures that preferential treatment is not lost when CPTPP goods are in transit or being transshipped. It also includes limitations on production processes for in transit goods when those processes are conducted outside of the CPTPP region. • Origin Procedures. Standardizes and creates consistency among the CPTPP countries for claims for preferential treatment including procedures for selfcertification and verification procedures for origin claims. • Adaptability. Allows for the parties to meet and consider improvements to the rules of origin. E-Commerce The E-Commerce chapter remains unchanged and should ensure the free flow of data (subject to public-interest regulation, for example to prevent spam, protect privacy, and fight crime), prevent the spread of ‘forced localization’ of technologies and servers such as redundant data centers, and help to more effectively guarantee the security and privacy of internet users through consumer protection laws. The chapter prohibits the imposition of customs duties on digital products, to ensure that products distributed electronically, such as software, music, video, ebooks, and games are not disadvantaged. A companion provision prevents CPTPP countries from favoring national producers or suppliers of such products Baker McKenzie International Trade Compliance Update | March 2018 7 through measures such as discriminatory taxation or outright blocking or other forms of content discrimination. To facilitate digital trade, the chapter includes provisions encouraging CPTPP countries to promote paperless trading between businesses and the government, such as customs forms being put in electronic format, as well as providing for electronic authentication and signatures for commercial transactions. The chapter prohibits requirements that force suppliers to share valuable software source code with foreign governments or commercial rivals when entering a CPTPP market. We will continue to monitor these developments as the parties go through the process of ratification, implementation and enforcement. For additional information, please contact the authors: Fred Burke (Vietnam), Jon Cowley (Hong Kong), Kana Itabashi (Tokyo) or Anne Petterd (Singapore). [Ed. Note: This article originally appeared on our Trade Crossroads blog.] Associated Links (Global Affairs Canada) • Text of the agreement • Economic Impact of Canada’s Participation in the CPTPP • CPTPP Frequently asked questions (FAQ) • Statement by Minister of International Trade on successful conclusion of Comprehensive and Progressive Agreement for Trans-Pacific Partnership • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) The UK gives the CPTPP a boost Recently, the UK’s International Trade Secretary Liam Fox stated that the UK is considering joining the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (“CPTPP” or “CPTPP11”). While this gave rise to excitement among CPTPP proponents, and it is technically feasible, various factors would likely make it unlikely in the short term. UK Exploring Options Post Brexit It is good news that the UK is showing interest in joining the CPTPP, even if only because it demonstrates that the CPTPP is alive and well. The idea of the UK joining the CPTPP was floated shortly after the Brexit vote and has been simmering at various levels since. As several commentators have already pointed out, there are no legal restrictions in the trade agreement for adding new members outside of the Trans-Pacific Partnership’s original 12 members (“TPP12”), the CPTPP11, or any other countries. Politics at Home However, there are some serious obstacles to the UK joining the CPTPP at this point in time. First, the UK will remain a member of the EU until 29 March, 2019, and the UK is still working out the terms of its withdrawal from that arrangement. It would most likely lack the negotiating capacity until its withdrawal is complete to take on the CPTPP. Second, the UK would have to make a very Baker McKenzie International Trade Compliance Update | March 2018 8 attractive offer in terms of market access for the CPTPP members, and this does not seem politically sustainable within the UK for the moment. The BBC recently quoted Aaron Connelly, a research fellow at the Lowy Institute for International Policy as stating “[i]f Brexit was about symbolically taking back control in these areas, then joining the TPP would do little to accomplish that.” The Problem with Late Joiners and New Changes The existing members may also be reluctant to allow the UK into the CPTPP talks at this point because of the previous experience with Japan. As the last member to join the TPP12, Japan’s entry dragged out negotiations for a few more years due to tough bilateral negotiations with the United States. When President Trump withdrew from the TPP, it was relatively easy for the remaining 11 members to “suspend” the commitments that were a priority for America (for e.g. data exclusivity, copyright term extensions, freedom of association for labor unions, etc.). However, if new topics and disciplines need to be added to the agreement, then it would add another level of complexity that will take more time. For example, one suggestion from Canada during the Asia Pacific Economic Cooperation (“APEC”) was to add a whole new chapter on gender issues, which would entail significant further negotiation. Opening up the agreement to allow UK demands on any new chapters would certainly handicap the CPTPP in moving forward with the agreement. Finally, since the last APEC meeting in November 2017, Canada, which is currently busy with its own important NAFTA negotiations, has not been more active with the other parties including Japan. In fact, Japan recently stated that it is unclear why Canada is stalling and asked whether parties could move forward without Canada. The addition of another country would no doubt lead to further delays, putting the entire arrangement at risk. So What’s Next? It is more likely that the UK will have to wait until the CPTPP is signed and enters into force, and it has a better understanding of its post-EU status. The UK could then join as a new member, along with other aspirants such as Taiwan, South Korea and Indonesia. While it is technically very easy to remove or freeze the parts that the United States was particularly keen on, it is more difficult to reach consensus on the additional deals that would have to be made to accommodate a new member the size of the UK. Notwithstanding the fact that the UK is unlikely to join now, its interest in the agreement helps to reaffirm the agreement’s significance and gives a welcome boost to the negotiators who are trying to get it over the finish line. [Ed. Note: This article originally appeared on our Trade Crossroads blog in January 2018. after this article appeared, Canada endorsed the CPTPP and the parties agreed on a March 8, 2018 signing in Chile.] For additional information, please contact the authors: Fred Burke (Vietnam), Kana Itabashi (Tokyo) or James Small (Toronto). Baker McKenzie International Trade Compliance Update | March 2018 9 CITES Notification to Parties The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties: Date Title 01-02-18 2018/018 Information on the status, trade and conservation of eel species (Anguilla spp.) • Annex 1: Questionnaire on the implementation and effectiveness of the Appendix II listing of the European eel • Annex 2: Questionnaire on the status, trade and conservation of non CITES-listed anguillid eels 08-02-18 2018/019 Saint Vincent and the Grenadines – Withdrawal of a recommendation to suspend trade 20-02-18 2018/020 International Workshop on Legal Acquisition Findings • Annex: Questionnaire in preparation of the International CITES workshop on legal acquisition findings 22-02-18 2018/021 Membership of the Rural Communities Working Group 27-02-18 2018/022 INDONESIA - Transportation mode of Napoleon Fish (Cheilinus undulatus) export from Indonesia The Americas - Central America COSTA RICA Documents published in La Gaceta Date Series and № Subject 20-02-18 Request for comments Modification to the Procedure of the Active Improvement Regime 20-02-18 RES-DGA-DGT001-2018 Delete the Central American Supplementary Note A of Chapter 96 of the Central American Import Tariff, Annex “A” of the Convention on the Central American Tariff and Customs Regime, adopted by Resolution No. 372-2015 (COMIECO-LXXIV) and Approve the national openings contained in Resolution No. 392-2017 (COMIECO-LXXXI) DOMINICAN REPUBLIC Documents Date Series and № Subject 12-01-18 Cir.: SDT/2018 398 Prohibition to import unshelled rice, of United States of America origin Cir.: SDT/2018 427 Notification of special agricultural safeguard activation volumes established in DR-CAFTA 15-01-18 Bull. Import authorization VUCE - CODOPESCA 16-01-18 Cir.: SDT/2018 486 Prohibition on import and export of new or used mixture, parts or equipment with substance Dichloro-1- fluoroethane (HCFC-14lb) 18-01-18 Bull. VUCE - National Energy Commission 19-01-18 Bull. VUCE: Total Implementation of Products of Vegetal Origin 28-01-18 Bull. Automation of the application for temporary admission 26-02-18 Newsletter VUCE-Ministry of Public Health: Authorization of Import and Export of alcoholic beverages Baker McKenzie International Trade Compliance Update | March 2018 10 NICARAGUA Nicaraguan Classification Resolutions (Customs Rulings) The Dirección General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to 2017 available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano. PANAMA Official Gazette The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial – Digital (Official Gazette – Digital) during the period of coverage: Publication Date Title 16-02-18 Supreme Court of Justice: Judgment No. S / N (13-10-17) By which it is declared that Articles 89, 90, 92 and 184 of the Decree of Cabinet are not unconstitutional. 12 March 29, 2016, which provides complementary provisions to the Uniform Central American Customs Code and its Regulations, issued by the Cabinet Council of the Republic of Panama, within the demand of unconstitutionality presented by Humberto Serrano Levy, acting in the name of Jerusalem Duty Free, SA 19-02-18 Supreme Court of Justice: Judgment S/N (27-11-17) for which substance is declared, in the unconstitutionality warning submitted by the deed Rolando Arturo Mayorga Botacio in representation of the national union of customs brokers of panama, to declare the unconstitutionality or not, the phrase: “.. the tariff established in law 41 of 1996 will continue “, contained in the final part of numeral 17 of article 45 of decree law no. 1 of february 13, 2008, “which creates the national authority of customs and says provisions concerning the customs regime. The Americas - North America CANADA Miscellaneous regulations and proposals The following documents of interest to international traders were published in the Canada Gazette. (The sponsoring ministry, department or agency is also shown. N=notice, PR=proposed regulation, R=regulation, O=Order) Publication Date Title 02-03-18 Environment/Health: Publication after screening assessment of two substances — thioperoxydicarbonic diamide ([(H2N)C(S)]2S2), tetramethyl- (TMTD), CAS RN 11 137-26-8, and piperidine, 1,1‘-(tetrathiodicarbonothioyl)bis(DPTT), CAS RN 120-54-7 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) 02-07-18 Environment: Order 2018-66-01-01 Amending the Domestic Substances List(SOR/2018-6, Jan. 26, 2018) pursuant to subsection 66(1) of the Canadian Environmental Protection Act, 1999 Environment: Order 2018-87-01-01 Amending the Domestic Substances List (SOR/2018-7, Jan. 26, 2018) pursuant to subsection 87(1) or (5) of the Canadian Environmental Protection Act, 1999 Baker McKenzie International Trade Compliance Update | March 2018 11 Publication Date Title 02-09-18 Law: Chap. 6 Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (C-30) Law: Chap. 7 An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (C-37) Law: Chap. 8 Canada–Ukraine Free Trade Agreement Implementation Act (C31) 02-10-18 Environment: Order 2018-66-01-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (N) Environment: Order 2018-87-01-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (N) Environment/Health: Publication after screening assessment of cyanides, including those specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) Health: Proposed Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Nutrition Symbols, Other Labelling Provisions, Partially Hydrogenated Oils and Vitamin D) pursuant to the Food and Drugs Act (PR) 02-17-18 Environment: Rescission of ministerial condition concerning carbonoperoxoic acid, O,O-(1,1-dimethylpropyl) O-(2-ethylhexyl) ester, CAS RN 70833-40-8 pursuant to Section 84 of the Canadian Environmental Protection Act, 1999 (N) Environment: Description of critical habitat for the Sprague’s Pipit and Swift Fox in the Prairie National Wildlife Area (unit number 11) pursuant to the Species at Risk Act (N) Environment/Parks Agency: Description of Chestnut-collared Longspur critical habitat in the Prairie National Wildlife Area (unit number 11) and Grasslands National Park of Canada pursuant to the Species at Risk Act (N) Environment: Proposed Regulations Amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (PR) Environment/Health: Proposed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (PR) Environment/Health: Prohibition of Asbestos and Asbestos Products Regulations (Erratum) 02-21-18 Environment: Order Amending Schedule 1 to the Species at Risk Act (SOR/2018-10, Feb. 02, 2018) pursuant to the Species at Risk Act (O) Finance/International Trade: Regulations Amending the Members of Panels (NAFTA) Regulations (SOR/2018-13, Feb. 6, 2018) pursuant to the Special Import Measures Act (R) Agriculture: Quebec Sheep Marketing Levies (Interprovincial and Export Trade) Order (SOR/2018-14, Feb. 7, 2018) pursuant to the Agricultural Products Marketing Act) (O) Environment/Health: Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (SOR/2018-20, Feb. 12, 2018) (O) 02-24-18 Environment: Notice of intent to amend the Domestic Substances List under subsection 112(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 106(3) of that Act applies to the living organism Trichoderma reesei ATCC 74252 (N) Environment/Health: Publication after screening assessment of three substances in the Fatty Amides Group — 13-docosenamide, (Z)- (erucamide), CAS RN 112-84-5; 9-octadecenamide, (Z)- (oleamide), CAS RN 301-02-0; and isooctadecanoic acid, reaction products with tetraethylenepentamine (IODA reaction products with TEPA), CAS RN 68784-17-8 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) Environment/Health: Publication of final decision after screening assessment of a living organism — Arthrobacter globiformis (A. globiformis) strain ATCC Baker McKenzie International Trade Compliance Update | March 2018 12 Publication Date Title 8010 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Environment/Health: Publication of final decision after screening assessment of a living organism — Bacillus circulans (B. circulans) strain ATCC 9500 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Environment/Health: Publication of final decision after screening assessment of a living organism — Bacillus megaterium (B. megaterium) strain ATCC 14581 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) 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. No new advance rulings were posted by the CBSA during the past month. D-Memoranda and CNs revised or cancelled The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.) Date Reference Title 02-06-18 D11-5-3 Canada-Costa Rica Free Trade Agreement (CCRFTA) Rules of Origin D11-5-4 Canada-Chile Free Trade Agreement (CCFTA) Rules of Origin D13-4-10 Price Reductions 02-13-18 D11-4-5 Rules of Origin Respecting Commonwealth Caribbean Countries 02-15-18 D11-4-6 Rules of Origin for the New Zealand and Australia Tariff Treatments 02-20-18 D17-1-3 Casual Importations 02-21-18 D2-1-1 Temporary Importation of Baggage and Conveyances by Nonresidents 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.) [mm-dd-y] Publication Date Title 02-01-18 Decree Promulgating the Agreement of Technical and Scientific Cooperation Baker McKenzie International Trade Compliance Update | March 2018 13 Publication Date Title between the Government of the United Mexican States and the Organization of Eastern Caribbean States, signed in Mexico City, on September 11 , two thousand and fourteen. 02-15-18 Acuerdo modifying others by means of which the resolutions and lists issued by the Security Council of the United Nations Organization with respect to the Democratic People's Republic of Korea are made known. 02-16-18 External Relations: Decree approving the Second Amendment Protocol to the Additional Protocol to the Framework Agreement of the Pacific Alliance, signed in Puerto Varas, Chile, on July 1, two thousand and sixteen External Relations: Promulgatory Decree for the Agreement between the United Mexican States and the Republic of Colombia on the Measures to be Adopted to Prohibit and Prevent the Theft and / or Theft, Introduction, Extraction and Illicit Traffic of Cultural Property, signed in the city of Cartagena of the Indies, Republic of Colombia, on the eleventh of December, two thousand and fifteen 02-19-18 Environment: Mexican Official Standard NOM-044-SEMARNAT-2017 establishes the maximum permissible limits of emission of carbon monoxide, nitrogen oxides, non - methane hydrocarbons, non - methane hydrocarbons more nitrogen oxides, particulate matter and ammonia, from the engine exhaust new that use diesel as fuel and that they will be used for the propulsion of automotive vehicles with gross vehicle weight greater than 3,857 kilograms, as well as the escape of new automotive vehicles with gross vehicle weight greater than 3,857 kilograms equipped with this type of engines. 02-22-18 Environment: Standard NOM-144-SEMARNAT-2017, Establishing the phytosanitary measures and requirements of internationally recognized brand for wood packaging used in international trade of goods and merchandise. Economy: Acuerdo that modifies the one by which the mechanism is established and the criteria for the allocation of quotas to export new light automotive vehicles to the Federative Republic of Brazil, within the framework of the Fifth Additional Protocol to Appendix II “ On Trade in the Sector Automotive between Brazil and Mexico “ of ACE 55. 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, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE, TR=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.] Presidential documents During the past month, President Trump signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities: Date Subject 02-12-18 Notice of February 9, 2018 - Continuation of the National Emergency With Respect to Libya 02-23-18 Memorandum of February 20, 2018, for the Attorney General - Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices Proclamation 9699 of February 22, 2018 - Modifying and Continuing the Na- Baker McKenzie International Trade Compliance Update | March 2018 14 Date Subject tional Emergency With Respect to Cuba and Continuing to Authorize the Regulation of the Anchorage and Movement of Vessels President modifies and continues national emergency with respect to Cuba and authorizes anchorage and movement regulations On February 23, 2018 the Federal Register published Proclamation 9699 of February 22, 2018 - Modifying and Continuing the National Emergency With Respect to Cuba and Continuing to Authorize the Regulation of the Anchorage and Movement of Vessels. The Proclamation continues the national emergency declared in Proclamations 6867, 7757, and 9398, and authorizes and directs the Secretary of Homeland Security (the “Secretary”’) to make and issue such rules and regulations as the Secretary may find appropriate to regulate the anchorage and movement of vessels, and delegates to the Secretary the President’s authority to approve such rules and regulations, as authorized by the Act of June 15, 1917. The Proclamation: • directs the Secretary to make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, that may be used, or is susceptible of being used, for voyage into Cuban territorial waters and that may create unsafe conditions, or result in unauthorized transactions, thereby threatening a disturbance of international relations. A rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance if it involves a foreign affairs function of the United States; • authorizes the Secretary, to the extent consistent with international law, to inspect any vessel, foreign or domestic, in the territorial waters of the United States, at any time; to place guards on any such vessel; and, with the President’s consent expressly granted in the proclamation, take full possession and control of any such vessel and remove the officers and crew and all other persons not specifically authorized by the Secretary to go or remain on board the vessel, when necessary to secure the rights and obligations of the United States; • authorizes the Secretary to request assistance from such departments, agencies, officers, or instrumentalities of the United States as necessary to carry out the purposes of the proclamation and directs such departments, agencies, officers, or instrumentalities, consistent with other provisions of law and to the extent practicable, to provide the assistance requested; • authorizes the Secretary to seek assistance from State and local authorities in carrying out the purposes of the proclamation and urges all State and local officials to cooperate with Federal authorities and to take all actions within their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban territorial waters; • permits he Secretary to delegate to other officers and agents of the United States Government all powers and authorities delegated by the proclamation, consistent with applicable law; and • supersedes any provisions of Proclamations 6867, 7757, or 9398 that are inconsistent with the provisions of the proclamation to the extent of such inconsistency. President continues national emergency with respect to Libya On February 9, 2018, the President signed Presidential Notice of February 9, 2018 - Continuation of the National Emergency With Respect to Libya (published in the Federal Register on February 12, 2018), which extends for an additional year the national emergency first declared on February 25, 2011, by Executive Order (EO) 13566, to deal with the unusual and extraordinary threat to the na- Baker McKenzie International Trade Compliance Update | March 2018 15 tional security and foreign policy of the United States constituted by the actions of Colonel Muammar Qadhafi, his government, and his close associates, which took extreme measures against the people of Libya, including using weapons of war, mercenaries, and wanton violence against unarmed civilians. In addition, there was a serious risk that Libyan state assets would be misappropriated by Qadhafi, members of his government, members of his family, or his close associates. The foregoing circumstances, the prolonged attacks against civilians, and the increased numbers of Libyans seeking refuge in other countries caused a deterioration in the security of Libya and posed a serious risk to its stability. The national emergency is being extended because the situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, and measures are needed to protect against the diversion of assets or other abuses by members of Qadhafi's family, their associates, and others hindering Libyan national reconciliation. Bipartisan export control bill introduced On February 15, 2018, the House Foreign Affairs Committee announced that its Chairman, Ed Royce (R-CA) and its Ranking Member, Eliot Engel (D-NY) introduced bipartisan legislation to modernize U.S. export control regulations of dualuse items. According to the announcement, the Export Control Reform Act of 2018 (H.R. 5040) will help ensure the U.S. maintains its technological advantage in science, engineering, manufacturing and other industries critical to our national and economic security. The bill represents the first real push to establish permanent export controls since the Cold War-era Export Administration Act of 1979 (EAA) lapsed in 2001. Specifically, the Export Control Reform Act of 2018 (H.R. 5040): • Repeals the lapsed EAA and replaces it with a modern, permanent statutory authority to better regulate U.S. dual-use and Department of Commerce-licensed military exports. • Requires that export controls ensure continued U.S. leadership in science, technology, engineering, manufacturing and other sectors. • Provides new authority to identify and appropriately control critical emerging technologies. • Supports U.S. diplomatic efforts to promote greater international coordination and cooperation on export controls. A section-by-section summary of the bill is available here. Congress extends MPF and other user fees On February 9, 2018, in order to avoid a full federal government shutdown (there was a partial shutdown, lasting several hours), Congress passed and the President signed the Bipartisan Budget Act of 2018 (“Budget Act”; H.R. 1892/Public Law 115-123) and the Continuing Appropriations Amendments Act, 2018 (H.R. 1301/Public Law 115-124). Pursuant to section 30201 of the Budget Act, the additional spending authorized by the Budget Act will be funded in part by a yearlong extension (until February 24, 2027) of the Merchandise Processing Fee and a two-year extension of other Consolidated Omnibus Budget Reconciliation Act (COBRA) fees, until September 30, 2027. Baker McKenzie International Trade Compliance Update | March 2018 16 Update on GSP renewal and retroactive coverage On February 8, 2018, the House Ways and Means Committee Chairman K. Brady (R-TX) and its Ranking Member R. Neal (D-MA) and Trade Subcommittee Chairman (D. Reichert, R-WA) and its Ranking Member B. Pascrell D-NJ) announced that they had joined with Representative J. Walorski (R-IN) to introduce H.R. 4979, which provides a three-year renewal of the Generalized System of Preferences (GSP) program, a longstanding U.S. trade preference program that delivers tariff relief and cost savings to American businesses, workers, and consumers across the country. The program’s last authorization expired on December 31, 2017. When enacted, the bill introduced on February 8, will extend the program through December 31, 2020, and retroactively extend benefits to covered imports that have been made since the program lapsed. The bill also makes technical changes to update the process for considering “competitive need limitations” under the program. On February 13, 2018, the House voted 400-2 to approve the bi-partisan bill. The bill now goes to the Senate where the ongoing immigration debate may delay passage, even though the bill has widespread Senate support. Update on (sec. 232) national security implications of steel imports and aluminum imports As you may recall, early last year, President Trump issued two presidential memoranda instructing the U.S. Commerce Department to initiate an investigation into the national security implications of steel imports and aluminum imports into the United States. If these so-called “section 232” (section 232 of the Trade Expansion Act of 1962, as amended) investigations determine that steel import and/or aluminum imports “threaten to impair the national security[,]” then the President can impose additional customs duties (among other things) on covered products. On February 16, 2018, the Secretary of Commerce issued his reports to the President in both matters (unclassified versions of the reports are available here). In each case, the Department of Commerce concluded that the quantities and circumstances surrounding steel and aluminum imports “threaten to impair the national security,” thereby opening the door to the imposition of import restraints. Specifically, Commerce’s recommendations are as follows: Steel – Alternative Remedies 1. A global tariff of at least 24% on all steel imports from all countries, or 2. A tariff of at least 53% on all steel imports from 12 countries (Brazil, China, Costa Rica, Egypt, India, Malaysia, Republic of Korea, Russia, South Africa, Thailand, Turkey and Vietnam) with a quota by product on steel imports from all other countries equal to 100% of their 2017 exports to the United States, or 3. A quota on all steel products from all countries equal to 63% of each country’s 2017 exports to the United States. The measures would apply to steel mill products classified in subheadings 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90. The goal of such measures is to all U.S. steel producers to utilize 80% of production of capacity. Baker McKenzie International Trade Compliance Update | March 2018 17 The recommendation also includes a process to allow Commerce to grant requests from U.S. companies for specific product exclusions if there was insufficient domestic production, or for national security considerations. Aluminum – Alternative Remedies 1. A tariff of at least 7.7% on all aluminum exports from all countries, or 2. A tariff of 23.6% on all products from China, Hong Kong, Russia, Venezuela and Vietnam. All the other countries would be subject to quotas equal to 100% of their 2017 exports to the United States, or 3. A quota on all imports from all countries equal to a maximum of 86.7% of their 2017 exports to the United States. These measures would apply to unwrought aluminum (heading 7601), aluminum castings and forgings (subheadings 7616.99.51.60 and 7616.99.51.70), aluminum plat, sheet, strip and foil (flat rolled products) (headings 7606 and 7607); aluminum wire (heading 7605); aluminum bars, rods and profiles (heading 7604); aluminum tubes and pipes (heading 7608); and aluminum tube and pipe fittings (heading 7609). The goal of such measures is to all U.S. aluminum producers to utilize 80% of production of capacity. The recommendation also includes a process to allow Commerce to grant requests from U.S. companies for specific product exclusions if there was insufficient domestic production, or for national security considerations. The reports and recommendations are now under consideration by the President. The President is required to make a decision on the recommendations by April 11th (for steel) and by April 19th (for aluminum). We believe that it is likely that the President will take some action to “adjust imports” based on these reports. Accordingly, all companies that rely on steel and/or aluminum articles need to evaluate the impact such action may have on their production. This would apply not only to companies that import covered articles (which will be the articles hit with additional duties and/or quota limitations), but companies that import downstream articles (e.g., parts made of steel or aluminum) as well. The actions being contemplated are significant enough to have a ripple effect that impacts far more than just the covered products. If you have any questions about these reports, or what sort of evaluation you should be doing as a result, please let us know. Author: Ted Murphy. President’s Trade Policy Agenda and Annual Report released On February 28, 2018, the US Trade Representative (USTR) released the 359 page 2018 Trade Policy Agenda and 2017 Annual Report. The Report is prepared and submitted to Congress pursuant to Section 163 of the Trade Act of 1974, as amended (19 U.S.C. 2213). Chapter V and Annex II of the document meet the requirements of Sections 122 and 124 of the Uruguay Round Agreements Act with respect to the World Trade Organization. In addition, the report also includes an annex listing trade agreements entered into by the United States since 1984. Goods trade data are for full year 2017. Services data by country are only available through 2016. Baker McKenzie International Trade Compliance Update | March 2018 18 According to the Report, the trade policy agenda rests on five major pillars: supporting our national security; strengthening the U.S. economy; negotiating better trade deals; aggressive enforcement of U.S. trade laws; and reforming the multilateral trading system. The report may be downloaded as a single document or by separate chapters: • Chapter I - The President's Trade Policy Agenda • Chapter II - Agreements and Negotiations • Chapter III - Trade Enforcement Activities • Chapter IV - Other Trade Activities • Chapter V - The World Trade Organization • Chapter VI - Trade Policy Development • Annex I • Annex II • Annex III • Full Text of 2017 Trade Policy Agenda and 2016 Annual Report USTR corrects dates for 2018 Special 301 Review On February 22, 2018, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice correcting a USTR document published in the Federal Register on December 27, 2017 (82 Fed. Reg. 61363), concerning a request for comments and notices of intent to appear at a public hearing on Section 182 of the Trade Act of 1974, commonly referred to as the “Special 301” provisions. The dates specified in the notice have changed. Additional information on the hearing is also provided. See the Federal Register notice for the correct information. USTR publishes procedures for considering additional requests for exclusion of particular products from the solar products safeguard measure – seeks comments On February 14, 2018, USTR published in the Federal Register a notice [Docket No. USTR–2018–0001] that establishes the procedures to request the exclusion of a particular product from the safeguard measure imposed on January 23, 2018 by the President on imports of crystalline silicon photovoltaic (CSPV) cells, whether or not partially or fully assembled into other products such as modules (other CSPV products), consisting of (1) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products, with an unchanged rate of duty for the within-quota quantity and an increase in the rate of duty applicable to articles entered in excess of that quantity; and (2) an increase in the rate of duty on imports of other CSPV products, as provided for in the Proclamation’s annex. The notice also establishes the criteria for describing a particular product for which exclusion is sought, and identifies the factors that USTR may take into consideration when determining whether to exclude a particular product. It also solicits requests for exclusion of a particular product from the safeguard measure. The deadline for the submission of requests for exclusion of a particular product from the safeguard measure is March 16, 2018 at 11:59 pm EST. Baker McKenzie International Trade Compliance Update | March 2018 19 The deadline for the submission of comments in response to requests for exclusion of a particular product from the safeguard measure is April 16, 2018, at 11:59 pm EST. USTR makes technical corrections to the HTS announced in Presidential Proclamation 9694 On February 8, 2018, USTR published in the Federal Register a notice making technical modifications to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) to correct errors and omissions in the Annex to Presidential Proclamation 9694 issued on January 23, 2018, concerning imports of large residential washers and covered parts. This notice correct those errors and omissions to provide the intended tariff treatment. In particular, the notice corrects an error regarding the description of covered washer parts included in the application of the safeguard measure, as provided in paragraph 5 of Proclamation 9694. Effective with respect to articles entered or withdrawn from warehouse for consumption, on or after 12:01 am, eastern standard time, on February 7, 2018, U.S. Note 17(f) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified: (1) by deleting the phrase “, the foregoing which incorporate, at a minimum, (A) a side wrapper, (B) a base and (C) a drive hub” in subdivision (1); (2) by deleting the word “and” at the end of subdivision (2); (3) by renumbering subdivision (3) as subdivision (4); and (4) by inserting the following new subdivision (3) in numerical order: “(3) all assembled baskets provided for in subheading 8450.90.60 and designed for use in the washing machines defined in subdivision (c) of this note, which incorporate, at a minimum: (A) a side wrapper, (B) a base and (C) a drive hub; and”. ITC posts changes to HTS due to new safeguards The US International Trade Commission (ITC) has posted revisions to the Harmonized Tariff Schedule of the United States (HTS) in connection with the safeguard measures announced for large residential washing machines and solar cells and certain parts. Effective February 7, 2018, the following changes to the Harmonized Tariff Schedule for units of quantity reporting will take effect: • For HTS 8450.90.20 and 8450.90.60, certain parts of washing machines, the new unit of quantity will be “No.” instead of “X”. • For HTS 8541.40.6030, solar cells, a second unit of quantity, “W” (for total wattage), will be added. • For statistical reporting purposes under subheading 8541.40.6030, importers should report the total watts at maximum power based on standard test conditions according to the latest revision of International Electrotechnical Commission (IEC) 60904, “Photovoltaic Devices.” These modifications will take effect along with the increases in duty and the imposition of tariff-rate quotas on imports of washers and covered washer parts and certain CSPV products announced in Presidential Proclamations 9693 and 9694, of January 23, 2018. (Also see CBP CSMS# 18-000111 issued on Feb. 2, 2018). Baker McKenzie International Trade Compliance Update | March 2018 20 Reminder - customs valuation implications of year-end transfer price adjustments Just a quick reminder for those of you working at multinational companies which operate on a calendar year basis – do not forget to ask your tax colleagues whether any retroactive transfer pricing adjustments were made at, or before, year end (assuming they do not send this information to you on their own). If such adjustments were made (whether upward or downward), please be sure to consider the customs valuation implications here in the United States and elsewhere. The failure to declare upward transfer pricing adjustments is a very common enforcement issue in many jurisdictions (largely because the issue is so easy to identify and often involves significant amounts/penalties); whereas downward adjustments could lead to a refund of customs duties, taxes and fees in some jurisdictions (including the US, Canada, etc.). A quick note to your tax colleagues now could save a potential headache down the line, or put some money back in the company’s pocket. We regularly assist clients with (i) the internal discussions with tax to identify whether any adjustments or other additions to value exist, and (ii) reporting any relevant adjustments/additions to value to Customs Authorities where needed. If you would like any assistance with these issues, please let us know. Author: Ted Murphy. CBP and ICE announce program for the private sector to participate in trade-related training of CBP and ICE personnel On February 16, 2018, US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) published in the Federal Register a joint general notice that announces CBP’s and ICE’s process to solicit, evaluate, and select interested parties in the private sector to fulfill agency needs for instruction and related instructional materials for trade-related training, pursuant to section 104 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). Section 104 of the TFTEA directs the Commissioner of CBP and the Director of ICE to establish and carry out, on a fiscal year basis, trade-related educational seminars to: (1) improve the ability of personnel of CBP to classify and appraise imported merchandise; (2) improve the trade enforcement efforts of CBP and ICE personnel; and (3) otherwise improve the ability and effectiveness of CBP and ICE personnel to facilitate legitimate international trade. Interested parties in the private sector that meet the guidelines and criteria set forth in the notice and are selected by CBP or ICE may provide instruction and related instructional materials at these seminars pursuant to section 104. Topics upon which training may be conducted include tariff classification, customs valuation, country of origin (including procedures for identifying merchandise bearing mislabeled country of origin markings), proper assessment of AD/CVD, evasion of duties on imports of textiles, border enforcement of IPR, enforcement of child labor laws, and other topics as appropriate and useful as concerns the trade-related duties and missions of CBP and ICE. Interested parties desiring to conduct training under this program will be selected based on: (1) the availability of CBP and ICE personnel for such training; (2) the relevance of the training to the topics specified in section 104; (3) the usefulness of the proposed training as concerns the trade-related duties and missions of CBP and ICE; (4) any existing or future need to train CBP and ICE personnel on Baker McKenzie International Trade Compliance Update | March 2018 21 identifying and detecting incorrect or false country of origin with respect to imported merchandise; and (5) the expertise and experience of the proposed private sector instructors in the subject matter of the proposed training. Private sector parties interested in providing training to CBP or ICE personnel may submit a training proposal satisfying the criteria set forth in the notice on or after February 16, 2018. No compensation or payment will be made to any private sector parties selected to provide such training. Private sector parties selected to participate will be required to execute a gratuitous services agreement. CBP extends import restrictions for certain archaeological material Belize On February 27, 2018, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 18-02] that amends CBP regulations to reflect the extension of import restrictions on certain archaeological material from Belize. These restrictions, which were imposed by CBP Dec. 13-05, are due to expire on February 27, 2018, unless extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this additional extension. These restrictions are being extended pursuant to determinations of the Department of State under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 13-05 contains the Designated List of archaeological material that describes the articles to which the restrictions apply. CBP amends list of User Fee airports On February 22, 2018, CBP published in the Federal Register a final rule and technical amendment [CBP Dec. 18-01] amending CBP regulations by revising the list of user fee airports to reflect the name changes of several airports and the designation of user fee status for five additional airports: South Texas International Airport at Edinburg in Edinburg, Texas; Florida Keys Marathon Airport in Marathon, Florida; Appleton International Airport in Appleton, Wisconsin; South Bend International Airport in South Bend, Indiana; and Conroe-North Houston Regional Airport in Conroe, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft. The amendments were effective on publication. 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 02-22-18 Accreditation and Approval of Saybolt LP (Clarksville, IN) as a Commercial Gauger (N) Accreditation and Approval of Saybolt LP (LaPlace, LA) as a Commercial La- Baker McKenzie International Trade Compliance Update | March 2018 22 F.R. Date Subject boratory (N) 02-26-18 Accreditation and Approval of Coastal Gulf and International (Luling, LA), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Inspectorate America Corporation (Lutcher, LA), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Inspectorate America Corporation (Martinez, CA), as a Commercial Gauger and Laboratory (N) CBP issues final determinations in procurement cases CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register. F.R. Date Ruling Reference (Date Issued) and Product Country of Origin 02-05-18 HQ H289700 (01-30-18) Rosuvastatin Calcium Tablets HQ H289701 (01-30-18) Levofloxacin Tablets HQ H289702 (01-30-18) Levetiracetam Tablets HQ H289704 (01-30-18) Metoprolol Tartrate Tablets HQ H289706 (01-30-18) Gabapentin Capsules HQ H289710 (01-30-18) Carvedilol Tablets HQ H289711 (01-30-18) Paroxetine Hydrochloride Tablets HQ H289712 (01-30-18) Entecavir Tablets HQ H289713 (01-30-18) Montelukast Sodium Tablets HQ H289714 (01-30-18) Simvastatin Tablets HQ H289715 (01-30-18) Donepezil Hydrochloride Tablets India HQ H282390 (01-30-18) Nyquist Ethernet Switch Mexico “Lever-Rule” application(s) filed CBP has received the following application(s) for “Lever-Rule” protection pursuant to 19 C.F.R. §133.2(f). In the event that CBP determines the goods under consideration are physically and materially different from the goods authorized for sale in the United States, CBP will publish a notice in the Customs Bulletin indicating that the referenced trademark is entitled to “Lever-rule” protection with respect to those physically and materially different goods. [Shown as “Approved” below] Customs Bulletin Date Applicant Products Covered by the Application Trademark 02-14-18 Kimberly-Clark Worldwide, Inc. Baby wipes manufactured in England, intended for sale outside the United States “HUGGIES” US TM REGISTRATION 1,679,795 CBP RECORDATION TMK 12-00132 CBP says “historic milestone” reached with final core trade processing deployment in ACE On February 27, 2018, US Customs and Border Protection (CBP) issued a press release stating that it reached a historic milestone on Feb. 24 deploying the last of the major scheduled core trade processing capabilities in the Automated Baker McKenzie International Trade Compliance Update | March 2018 23 Commercial Environment (ACE). ACE streamlines the import/export process into a “single window” that allows businesses to electronically transmit the data required by the U.S. Government to import or export cargo. ACE has automated 269 forms across CBP and more than 47 partner government agencies. More than 5.3 million lines of code were developed in order to automate all phases of cargo processing—pre-arrival, arrival, post release, exports, and partner government agency (PGA) integration—into ACE. The final deployment included post release capabilities for liquidation, reconciliation and drawback processes. The press release states: “This deployment of ACE is a significant achievement for CBP, the trade community and PGAs who have worked tirelessly to implement the “single window” for over 15 years. It has been one of the most complex IT projects the federal government has ever undertaken and required strong partnerships and collaboration across government and industry,” said Acting Commissioner Kevin McAleenan. “While it has been a long road from planning to implementation, a streamlined import and export processing system has already proven to be a tremendous benefit for international trade with an estimated $28 million in processing efficiencies for CBP and an estimated $52 million savings for industry in FY2017.” ACE provides for a transition away from paper-based procedures to faster, more streamlined processes for both government and industry. Built on a modernized platform, ACE expedites transaction processing by automating 269 forms across CBP and more than 47 PGAs. It has resulted in a 44 percent reduction in wait times for truck processing at land ports of entry and 68 times faster processing of bonds. “The completion of core trade processing in ACE marks a monumental milestone for CBP, the culmination of many years of dedicated partnership and innovation from government employees and the trade community,” said Executive Assistant Commissioner for the Office of Trade Brenda Smith. “Through ACE, federal agencies have earlier, automated visibility to shipment data, expediting their import or export assessments at the border and speeding the flow of legitimate trade while also improving the security, health and safety of cargo.” CBP’s investments in automation and capability acquisition, like ACE, led to an estimated 1.42 percent reduction in the cost of importing goods into the United States in FY2016. The total economic benefit of this reduction is estimated to be $6.5 billion. ACE facilitates legitimate trade and strengthens border security by providing government officials and the trade community with improved automated tools and information. This is significant in light of CBP’s recently released trade statistics. In FY2017, CBP processed more than $2.4 trillion in imports, almost $1.7 trillion in exports, and collected approximately $40.7 billion in duties, taxes, and fees. A key component of this last deployment is the updated approach to drawback authorized by the Trade Facilitation and Enforcement Act of 2015 (TFTEA) (Pub. L. 114- 125). By liberalizing and automating drawback operations, the number of drawback claims filed with CBP and the amount of duty, taxes and fees correspondingly refunded is expected to increase in the coming years. Looking ahead, CBP will focus on sustaining all deployed ACE capabilities and ensuring ACE operates as a highly available, reliable system. There is an ongoing demand for additional and enhanced ACE capabilities, and CBP will continue to collaborate with CBP, the trade community, PGAs and stakeholders to implement automated solutions that advance secure shipments, streamline trade processes and support strong enforcement of trade laws. ACE Liquidation update On February 24, 2018, U.S. Customs and Border Protection will deploy Liquidation capabilities in ACE at which time liquidations will no longer be Baker McKenzie International Trade Compliance Update | March 2018 24 filed/processed in the Automated Commercial System (ACS) and must be done via ACE. Details are outlined below. The following are the high-level changes for processing liquidations in ACE beginning January 2018: • New Weekly Processing: Liquidations will no longer occur on a two-week cycle. Liquidations will process weekly, with entry summaries liquidating every Friday. Once an entry summary is liquidated, ACE will automatically populate a liquidation date equal to the next immediate Friday. Liquidations processed before 11:59:59 PM Wednesday ET will post Friday of the same week; liquidations occurring after this timeframe will post the following Friday. • Temporary Importations Under Bond (TIB) Extensions: TIB Extensions requested by Trade will automatically be accepted in ACE, but CBP will have the ability to deny an extension as necessary. TIBs may only be extended for up to three years. • Deem Liquidations: For entry summaries that are deem liquidated, they will display on the electronic bulletin as “deem liquidated” for the basis of liquidation. • ACE Reports: ACE Reports will support liquidation data in ACE effective March 17, 2018. This will include pre-defined reports along with the ability to query for data down to a case number. Full details are available by way of the ACE Reports Information Notice. Programming Updates For ACE liquidation programming updates, please reference the following CATAIR documents: • The Courtesy Notice • TIB Extension and Closure • TIB Expiration Notice • Entry Summary Status Notification-when TIB extension is denied Reminder: As of January 14, 2017, CBP stopped printing C16 notices for posting to the liquidation bulletin. This process was replaced with an entirely electronic process available at the electronic Official Notice of Extension, Suspension and Liquidation page, which provides public notice. An ACE account is not required to access this information. Liquidations are posted 365 days a year, including holidays. Trade members are able to search the electronic bulletin by filer or date the event occurred. Postings are kept online for 15 months to allow time to search for a liquidation. After 15 months, a request will need to be made to CBP to view a past liquidation. For entry summaries with liquidation dates in the future, the liquidation reports are no longer displayed as “liquidated” and instead display “pending” as the liquidation status. CBP no longer prints separate notifications of extension and suspension. The Official Notice of Extension, Suspension and Liquidation serves as the official notice for extensions and suspensions. Sureties and filers still receive extension Baker McKenzie International Trade Compliance Update | March 2018 25 and suspension courtesy notices, which are sent via ABI. Those filing in paper will not receive a courtesy notice, as courtesy notices are only available to those filing electronically. If necessary, a liquidation may be extended up to three years. ACE Reconciliation update On February 24, 2018, U.S. Customs and Border Protection will deploy Reconciliation capabilities in ACE. CBP has provided the following high-level changes for processing Reconciliation in ACE: What will stay the same in ACE? While processing of Reconciliation is new to ACE, several foundational functions will remain the same: • Reconcilable Issues: Reconciliation will continue to be filed for value, classification, 9802, and Free Trade Agreement (FTA) issue types. • Timeframes: Entries flagged for FTA must be reconciled within 12 months; all other entries flagged for value, classification & 9802 must be reconciled within 21 months. • Types of Reconciliations: There are no changes to the types of Reconciliations that may be filed. They are: Change, No-Change, FTA. • Filing Methods: Aggregate or Entry-by-Entry. What will change with Reconciliation in ACE? Reconciliation Processing • Expanding from 13 processing ports to all entry ports and worked by the Centers for Excellence and Expertise (Centers) nationwide. If the importer is assigned to a Center, then that Center will work the Reconciliation. However, if the importer is not assigned to a Center, then the Reconciliation should be transmitted to their local port of entry for routing. Instructions will need to go out to those CBP ports as to how they will handle those entries. Participation Eligibility • All participation eligibility indicators for importer of record accounts will default to “Yes.” An application to request participation will no longer be required. In ACE, all importer of record numbers will be flagged as eligible to participate in Reconciliation. If an importer exhibits misconduct, CBP retains the right to revoke participation and set their Reconciliation participation eligibility indicator to “No.” • In addition, the importer is still required to secure and have on file in ACE a Reconciliation Bond Rider. • The two requirements above will authorize the filer to flag entry summary types 01, 02, & 06. Transmitting Underlying Entries to be Flagged • Only entry-by-entry flagging. CBP will no longer offer “blanket flagging”. Instead, the Trade will have to flag each entry-by-entry manually or configure their software to perform blanket flagging. • ACE Validations. ACE will validate the following information, otherwise the system will send a fatal reject message back to the filer. • The correct entry type (01, 02, 06) has been flagged. • Reconciliation entry criteria has been satisfied. • Reconciliation bond rider on file. Baker McKenzie International Trade Compliance Update | March 2018 26 • Reconciliation Participation Eligible indicator set to “Yes”. • Continuous bond on file (single transaction bonds are not allowed). • The correct Reconciliation issue type has been flagged. • For a 9802 flag, a 9802 claim must exist on the entry – this claim cannot be established at time of Reconciliation. • Entry type 02 is ineligible to be flagged for classification. • Only one Reconciliation entry (entry type 09) can be filed per group of issue type of underlying entries. FTA-flagged entries must have a separate Reconciliation entry filed. For example, two underlying entries, one flagged for value only, and one flagged for value & classification, must be reconciled on two separate Reconciliation entries. Transmitting Reconciliation Entry Type 09 • No longer need to submit original amounts. ACE will automatically populate the original values, duties, taxes, and fees. This information will be pulled from the associated entry summaries. • Information to be submitted via EDI: • Indicator for “Aggregate Refund Waiver Indicator” when filing an aggregate Reconciliation with a refund. • Indicator for “HTS Changed Due to Value Indicator” when value change is driven by HTS change. • Classification Pending Action Indicator. Filer will submit the Administrative Ruling, Protest, or Court action # when reconciling for Classification issue. • Filer will submit Contact Information, name, phone number, & email address. • Indicator for “Prior Disclosure Indicator” used to notify CBP that one or any flagged entry summary had a prior disclosure filed against it. • Reconciled amounts for value, duties, taxes and fees (no need to submit original amounts). • Free Trade Agreement Statement: Filer will submit the legal statements required for a Trade Agreement Reconciliation. • ACE Validations. ACE will validate the following information, otherwise will send an error message or a fatal reject message. • Correct Line Item Data: ACE will validate that the HTS/CO/SPI reported on the Line Item Data submitted on an aggregate/entry-by-entry Reconciliation entry belongs to an Associated ES otherwise ACE will return an error message. • Correct Information for Underlying Entry Summary: ACE will validate that the correct data is supplied for the correct filing method and type of Reconciliation entry. Reconciliation Liquidation Process • A CBPF 28 will be issued and responded to through ACE. If additional information is required, CBP will issue the CBPF 28 through ACE and the Trade will respond to this call for additional information through ACE, instead of paper. • ACE Reports for reconciliation data are forthcoming. CBP will notify the Trade when these reports are available. Please see Reconciliation in ACE page for cutover plan and statement cutover plan. Baker McKenzie International Trade Compliance Update | March 2018 27 Available Reconciliation resources • DIS Implementation Guide: A programming guide for the Document Image System • ACE ABI CATAIR: Reconciliation Entry Summary Create/Update • ACE Entry Summary Business Rules and Process Document • Recordings and transcripts of the following webinars are available on CBP.gov: • August 4, 2016 Reconciliation Webinar for Software Developers • August 24, 2016 Reconciliation Demonstration Webinar • December 8, 2016 Reconciliation Webinar • December 15, 2016 Reconciliation Webinar • December 22, 2016 Reconciliation Webinar • ACE Reconciliation Frequently Asked Questions • January 18, 2018 Federal Register Notice (FRN) 83 FR 2645 ACE Cuban ABI entries and eBond updates On February 24, 2018, U.S. Customs and Border Protection will deploy Cuban ABI Entries and updates to eBond functionality in ACE. CBP has supplied the following summary: Ability to Accept Goods from Cuba: ACE will be updated to allow electronic entry and entry summary filing via the Automated Broker Interface (ABI) for goods from Cuba. • Filers should ensure their software vendors have updated their programs to allow Cuba to be reported as a valid country of origin. Vendors should reference the latest ACE CATAIR documentation for coding revisions. eBond • ACE will decrement Drawback eBonds when Accelerated Payment (AP) is requested. An eBond bond status will be sent to the sureties. • Entry Summary Nightly, Entry Summary Quarterly, and Continuous Bond (AS, AQ, and BO) Automated Surety Interfaces (ASI) will be generated from ACE. All other ASI will remain in ACS. ACE drawback update On February 20, 2018, CBP updated its announcement that it will deploy Core and Trade Facilitation and Trade Enforcement Act (TFTEA) drawback in the Automated Commercial Environment (ACE) on February 24, 2018, at which time all Automated Broker Interface (ABI) drawback filings must be filed in ACE and will no longer be accepted in the Automated Commercial System (ACS). CBP states: The February 24th deployment includes ACE core drawback capabilities which align with current drawback laws, as well as the ability to file drawback claims pursuant to the new TFTEA legislation. For one year following the deployment – from February 2018 to February 2019 – claimants may file either core drawback or TFTEA drawback, as both the current and new laws will be in effect during this time. Following February 2019, trade users will only be able to file TFTEA drawback claims. The table Baker McKenzie International Trade Compliance Update | March 2018 28 below outlines the provisions accepted for Core and TFTEA drawback claims. CBP will publish further policy guidance for TFTEA drawback by mid-February 2018. Drawback Provisions Core Feb 24, 2018 – Feb 23, 2019 TFTEA Feb 24, 2019 and Onward Ability to file electronically X X Ability to file paper X Required to file electronically X Built in system validations X X Integration with post release processes X X Improved system controls X X Requires line level reporting X Substitution based on 8-digit HTS or Schedule B number X Recordkeeping requirement three years from date of liquidation X All claims due five years from date of importation X Reliance on documents kept in “normal course of business” X Drawback refunds a 99% of duties taxes and fees X Core Drawback Are filers able to file a non-ABI drawback claim? Yes; until February 23, 2019, manual drawback claims will still be accepted at Drawback Centers. In order to submit a manual drawback claim, a filer will need to prepare and submit a Drawback Coding Sheet and non-ABI claimants must provide the same CBP forms and supporting documentation that were being filed in ACS. It is important to note that, after the February deployment, manual drawback claims will be limited to 25 total lines/imports; and/or 25 total styles; and/or 25 total exports. Following submission, manual claims will be processed within 90 days. Claims submitted via ABI will have processing priority over manual claims. If rejected, manual filers will receive a written notice of cause for rejection. Rejected claims may be corrected and resubmitted, subject to the three-year export filing period. How do I file with an Accelerated Payment for Core Drawback? In order to file a drawback claim with an Accelerated Payment request indicator, a filer must have a valid bond with CBP. If a bond is either insufficient, or it is expired, CBP will not reject the claim, but rather the Accelerated Payment request indicator will be removed. In order for it to be added back, the filer will need to contact their Drawback Center and work with the drawback specialist after they have corrected the bond issue. Core and TFTEA Drawback What are the filing changes? In addition to what is outlined in the table above, the deployment and mandatory use of drawback in ACE for ABI submissions will result in a number of changes to the filing process for both core and TFTEA drawback claims. For example, filers will submit only entry type 47 for drawback; entry types 41-46 have been consolidated to the type 47 entry and will no longer be valid. Also, when submitting a drawback claim, filers will be required to provide the applicable provision. The drawback provision is an existing data element from CBP form 7551. If transmitting using ABI, it will need to be Baker McKenzie International Trade Compliance Update | March 2018 29 specified in the 10 record format. The list of Provisions can be found in Appendix A in the Drawback CATAIR. Following the transition from ACS to ACE, filers will also need to upload documents via the Document Image System (DIS) to complete the drawback claim. If additional information is required, CBP will send a CBP Form 28 (Request for Information) to the filer through the ACE Portal or by U.S. mail. ABI filers may submit a response to the CBP Form 28 using DIS. Non-ABI filers may respond by mail. Trade filers will also be required to provide an action indicator for each import and/or manufacturing record, informing CBP of the end result of the import. The list of action indicators are listed below: • D = Destroyed • L = Laden as Supplies • M = Mail Shipment • G = Government Mail • V = Vessels or Aircrafts • E = Exported • X = Manufactured • T = Manu. & Trans. or Trans Only • F = Exported to FTZ More information on action indicators can be found in the ACE Entry Summary Business Rules and Process Document. In addition, there are two new class codes for Drawback, 674 (oil spills tax) and 675 (domestic paid tax). TFTEA Drawback What are the filing changes? In addition to what is outlined in the table above, the following changes will also apply when filing TFTEA drawback claims: • There will be a limit on the number of records per claim. Specifically, each claim can have a combination of 5000 parts, pieces, and styles in the import, manufacturing, and export or destroyed records per drawback claim. • Substitution will now be based on an 8 - digit Harmonized Tariff Schedule or Department of Commerce Schedule B number. • When filing an ABI drawback claim, the paper CBP drawback entry form 7551 and the Delivery Certificate form 7552 will no longer be required. What are the elements of a complete drawback claim? Filing an ACE drawback claim will require different data elements than were required in ACS. A complete drawback claim will consist of a successful claim acceptance in ACE and the DIS submission within 24 hours of acceptance in ACE of all applicable documents: • CBP Form 7553: Notice(s) of Intent to Export, Destroy, or Return Merchandise for Purposes of Drawback • For 1313(j)(2): Commercially interchangeable determination ruling (CID) approval letter • For 1313(c)(1), 1313(c)(2), 1313(c)(3): Documents to establish that merchandise did not conform to sample or specification, was shipped without the consent of consignee, or was defective as of the time of importation • For 5062(c): Certification of the importer setting forth in detail the facts which cause the merchandise to be unmerchantable • For 1313(d): Production Exhibit • For 1313(p): Electronic Petroleum Certification • CBP Form 214: Exports to a Foreign Trade Zone Baker McKenzie International Trade Compliance Update | March 2018 30 • CBP Form 7514 or Master Declaration for FTZ Transfers • Oil Spill Tax: Tax worksheet, certification and copy of the tax return IRS Forms 720, 720x, and 6627 What information will a filer be required to provide when filing a claim? • Drawback Entry Number • Filing Port Code • Claimant ID Number • Drawback Provision • Drawback Claim Date • Total drawback claim amount requested • Import Entry Summary/HTS Data • Information on Exportation or Destruction • Notice of Intent to Export or Destroy (if applicable) • NAFTA Coding Sheet When filing an electronic drawback claim in ACE how do I know that it has been submitted? Once a drawback entry has passed all validations, the filer will receive an automated message indicating that the claim has been successfully accepted. If CBP rejects a claim submission, the filer will receive an automated message identifying the data element that resulted in the rejection. Rejected claims may be corrected and resubmitted, subject to the three-year export filing period. ACS to ACE Cutover Plan • The ACS Drawback ABI application (JJ) will be disabled at 8:00pm on Friday, February 23, 2018. Any submissions to ACS after that time will be rejected. • During the outage window, the ACE Drawback functionality for Trade and CBP users will be deployed to ACE production. • ACS Drawback Entries will be converted to ACE as part of the deployment of ACE Reconciliation. • Any ACE Drawback Entries submitted to ACE prior to completion of the deployment will be held in queue and processed once the entire deployment as completed. Are there any additional drawback resources available? • ACE Drawback CATAIR - DRAFT • ACE Drawback Error Dictionary • The updated ACE Entry Summary Business Rules and Process Document • Informational webinars on drawback filing in ACE are available on CBP.gov • Federal Register Notice (FRN) 83 Fed. Reg. 2644 was published on January 18, 2018 to announce the transition of Core drawback filing in ACE • ACE Drawback Frequently Asked Questions • Monthly Drawback Simplification Newsletters • DIS Implementation Guide: A programming guide for the Document Image System Baker McKenzie International Trade Compliance Update | March 2018 31 • DRAFT Drawback: Interim Guidance for Filing TFTEA Drawback Claims Version 1.1 (February 5, 2018) CBP’s Trade Transformation Office (TTO) will host a daily Drawback support call from February 26, 2018 to March 2, 2018 between 3:00 PM ET and 4:00 PM ET to answer questions related to the February 24th deployment. Call-In: (877) 336- 1829, Participant Code: 4840827. COAC to meet in Miami on February 28 On February 6, 2018, US Customs and Border Protection published in the Federal Register a notice announcing that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, February 28, 2018, in Miami, Florida at the DoubleTree Hotel, 711 NW 72nd Avenue, Miami, FL 33126. The meeting will be open to the public. Meeting participants may attend either in person or via webinar after pre-registering using one of the methods indicated in the Federal Register notice. Agenda The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed: 1. The Trusted Trader Subcommittee will present an update from the C-TPAT Minimum Security Criteria Working Group on its recommendations regarding CBP’s plans to roll out new C-TPAT criteria. The subcommittee will also provide an update on the progress on the Trusted Trader Strategy. 2. The One U.S. Government Subcommittee will continue discussions on the progress of the Fish & Wildlife Service Working Group and will present the white paper on the Harmonized Tariff Schedule project. The subcommittee will also discuss an update from CBP’s Trade Transformation Office on ACE Deployment G Release 4 and also from the Technical and Operational Outages Working Group. 3. The Exports Subcommittee will discuss the final work of the Export Manifest Working Group, which has been developing comprehensive recommendations on the following topics: timelines, filing regime, targeting regime, hold issuance and shipment interception process, and an account-based penalties regime. There will also be an update on the automated export manifest pilots, and on progress in implementing a post-departure filing pilot as part of the ocean pilot. 4. The Trade Modernization Subcommittee will discuss the International Engagement and Trade Facilitation Working Group’s efforts to prioritize the recommendations it made in 2017. The subcommittee will discuss the establishment of the Regulation Modernization Working Group and its efforts to identify and prioritize areas of regulations administered by CBP that can be reformed. In addition, the subcommittee will discuss the establishment of the Trade Facilitation and Trade Enforcement Act (TFTEA) Educational Mandate Working Group that will identify educational opportunities as referenced in Section 104 of TFTEA. Finally, the subcommittee will discuss the progress being made in the e-Commerce Working Group. 5. The Global Supply Chain Subcommittee will present the status of a pilot that will test the utilization of existing Automated Commercial Environment (ACE) automation in the pipeline mode of transportation. The committee will also discuss the progress of the Global Supply Chain Subcommittee’s Emerging Technologies Working Group. The subcommittee will discuss the activities of the newly formed In-Bond Working Group that will focus on identifying issues within the scope of the “Changes to the InBond Process” final rule published in the Federal Register on September 28, 2017 regarding their implementation. Baker McKenzie International Trade Compliance Update | March 2018 32 6. The Trade Enforcement & Revenue Collection (TERC) Subcommittee will provide necessary updates from the Anti-Dumping and Countervailing Duty, Bond, Forced Labor and Intellectual Property Rights Working Groups. Meeting materials will be available by February 23, 2018 at the CBP COAC Public Meetings website here. For details on attending the meeting, please see the Federal Register notice. CBP publications and fact sheets During the period of coverage of this Update, CBP issued the following new or revised publications and fact sheets: • Draft ACE Extract Reference (Feb. 12, 2018) • ADCVD Conversion Map updated • ACE Compliance Guidance for FSIS Message Set Data Elements (Feb. 3, 2018) • CATAIR Entry Summary Create/Update (Feb. 2018) • CATAIR Drawback/TFTEA Drawback Entry Summary Create/Resubmission (Feb. 2018) • ACE Drawback Error Dictionary (Feb. 23, 2018) • Standard Guidelines for CBP/Trade Outages Version 1.0 (Feb. 7, 2018) Revocations or modifications of CBP rulings See separate section below. CSMS messages The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below. Date CSMS# Title 02-01-18 18-000106 Harmonized System Update 1801 created January 31, 2018 18-000107 AESTIR Appendix A – Commodity Filing Response Messages 18-000108 Updates to HTS Flagging for NMFS SIMP NM8 18-000109 Resolved: Missing PGA status on some Cargo Release SO messages 02-02-18 18-000110 ACS - ACH Payment and ACH Reroute Schedule 18-000111 HTS Changes for Washing Machine Parts and Solar Cells 18-000113 ACE CERTIFICATION eBond deployment, Sat. Feb 3, 2018 @ 2200ET 02-05-18 18-000115 New Quota Bulletins on CSPV cells and washing machines 18-000116 02-06-18 18-000118 Local Closure - Port of New Orleans – February 13, 2018 18-000119 Repairs to Cargo Primary Lane at Blaine may Cause Delays to Truck Traffic - 2/6/2018 02-07-18 18-000120 Fix later today: Error saving Protest filings 18-000122 Resolved: Error saving ACE Protest filing on ACE Portal 02-08-18 18-000123 Updated CATAIR Posted to CBP.gov: Stand-alone Filing for Prior Notice Data 18-000124 Update on Informed Compliance For NMFS SIMP 18-000125 Port of Whitlash, Montana Closure due to Inclement Weather 02-09-18 18-000126 Updated CATAIR documents posted to CBP.gov 18-000127 Reminder: Deployment G, Release 4 - February 24, 2018 18-000129 ACE CERTIFICATION ASI Deployment Saturday, 02/10/2018 @ Baker McKenzie International Trade Compliance Update | March 2018 33 Date CSMS# Title 2230 ET 18-000130 Update: The Port of Whitlash, Montana is Now Open. 02-12-18 18-000131 New ADCVD Universe in ACE Reports Transition Date Extended to March 1, 2018 18-000132 Reminder: FTZ Zone Operator Bond 02-13-18 18-000133 Updated CATAIR document posted to CBP.gov for ACE Extract Reference Query 18-000134 Local Closure on February 9, 2018 for Ports 3801, 3802 and 3807 [Detroit, Port Huron, Detroit Metro Airport] 02-14-18 18-000136 ACE PRODUCTION CR Deployment, Thur 2/15/2018 @0500ET,impact CargoRel, EntrySummry 18-000137 Update to FDA Changes to FEI Syntax and Units of Measure for Tobacco 02-15-18 18-000139 Deployment G, Release 4 – Reconciliation – No Blanket Flagging for Underlying Entries 18-000140 Reminder: Deployment G, Release 4 – February 24, 2018 02-16-18 18-000141 Initiation of LTFV/CVD Investigations: Large Diameter Welded Pipe from CA GR IN CN KR TR 18-000142 Clarification: Deployment G, Release 4 – February 24, 2018 18-000143 Drawback interim guidance posted to CBP.gov 18-000144 Clarification: Deployment G, Release 4 – February 24, 2018 02-20-18 18-000147 FDA ITACS Planned Maintenance 02-21-18 18-000148 G4 Cutover Plans for Recon, Statements for Recon, and Drawback posted to CBP.gov 18-000149 Updated PGA Documentation 18-000150 ACE PRODUCTION Cargo Release and eBond Deployment, Thur 2/22/2018 @0500ET 02-22-18 18-000152 Statements Processing delays 18-000153 Client Rep Webinar Invitation for Software Vendors, Service Centers 18-000154 ACE Statement Processing, QN/PN, SU Delays - 2/22/18 18-000155 FDA ACE PGA Message Set Validations for Medical Device Products 18-000156 e214 Validation for Type 4 Bond and Proper Reporting of FTZ Operator IOR 18-000157 Initiation of Less-Than-Fair-Value and Countervailing Duty Investigations: Rubber Bands 18-000158 UPDATE - ACS Collections End of Day Processing Delays 18-000160 Deployment G, Release 4, Support Calls Information amd U9 Status Message Update 02-23-18 18-000161 FDA End-Dated Product Codes for CBER 18-000162 Drawback Profiles for ACE Drawback 18-000163 ACE PRODUCTION Deployments, Saturday evening Feb 24, 2018 02-26-18 18-000164 Updated Drawback CATAIR and Error Dictionary Posted to CBP.gov 18-000166 18-000167 ACE Deployment G4 Issue Tracker - 2/26 Update 02-27-18 18-000169 Harmonized System Update 1802 created on February 26, 2018 18-000171 18-000172 ACE Deployment G4 Issue Tracker - 2/27 Update 18-000173 Clarification on CSMS#18-000163 “ACE PRODUCTION Deployments Saturday evening Feb 24 2018” 18-000174 Update: EPA Supplemental Guidelines Posted 18-000175 CBP Downtime Policy for Trade V 1.0 18-000176 CBP Reaches Historic Milestone with Final Core Trade Processing Deployment in ACE 18-000178 Drawback fixes for 2-27-2018 at 9 PM Baker McKenzie International Trade Compliance Update | March 2018 34 Date CSMS# Title 02-28-18 18-000181 18-000182 ACE Deployment G4 Issue Tracker - 2/28 Update Foreign Trade Zones The following documents were published in the Federal Register by the ForeignTrade Zones Board: F.R. Date Document 02-02-18 Foreign-Trade Zone 81 – Portsmouth, New Hampshire; Application for Reorganization under Alternative Site Framework [B-6-2018] 02-06-18 Re-establishment and Expansion of Site – Foreign-Trade Zone 276 Kern County, California [Order No. 2046] 02-08-18 Foreign-Trade Zone 44 – Morris County, New Jersey; Application for Subzone: Distrilogik US Ltd., Dayton, New Jersey [S-23-2018] 02-09-18 Correction Notice: Foreign-Trade Zone 127 – West Columbia, South Carolina Authorization of Limited Production Activity; BGM America, Inc., Subzone 127C (Sailboats, Cabin Cruiser Powerboats, Outboard Motor Boats) Marion, South Carolina [B-62-2017] Foreign-Trade Zone 31 – Granite City, Illinois; Application for Reorganization and Expansion under Alternative Site Framework [B-9-2018] 02-12-18 Foreign-Trade Zone 49 – Newark, New Jersey; Notification of Proposed Production Activity Movado Group, Inc., (Timepieces and Jewelry) Moonachie, New Jersey [B-07-2018] Foreign-Trade Zone 134 – Chattanooga, Tennessee; Notification of Proposed Production Activity: Volkswagen Group of America – Chattanooga Operations, LLC (Passenger Motor Vehicles), Chattanooga, Tennessee [B-08-2018] 02-13-18 Expansion of Foreign-Trade Zone 281; under Alternative Site Framework; Miami, Florida [Order No. 2044] Foreign-Trade Zone 123 – Denver, Colorado; Authorization of Production Activity; Lockheed Martin Corporation Space Systems Company (Satellites and Other Space Craft) Littleton, Colorado [B-63-2017] Foreign-Trade Zone 92 – Harrison County, Mississippi; Authorization of Production Activity; Vision Technologies Marine, Inc. (Ocean-Going Vessels) Pascagoula, Mississippi [B-65-2017] Foreign-Trade Zone (FTZ) 23 – Buffalo, New York; Notification of Proposed Production Activity; Panasonic Eco Solutions Solar New York America; Subzone 23E (Solar Panels/Modules) Buffalo, New York [B-11-2018] Reorganization of Foreign-Trade Zone 19; under Alternative Site Framework Omaha, Nebraska [Order No. 2043] Approval of Subzone Status; Ackerman North America LLC/dba Amann USA Broomfield, Colorado [Order No. 2045] 02-14-18 Foreign-Trade Zone 134 – Chattanooga, Tennessee; Authorization of Production Activity (Passenger Motor Vehicles) Chattanooga, Tennessee [B-66-2017] Foreign-Trade Zone 102 -- St. Louis, Missouri; Application for Subzone; Orgill, Inc., Sikeston, Missouri [S-29-2018] Foreign-Trade Zone 76 – Bridgeport, Connecticut; Application for Subzone; SDI USA, LLC, Meriden, Connecticut [S-25-2018] 02-21-18 Foreign-Trade Zone 135 – Palm Beach, Florida; Application for Reorganization and Expansion under Alternative Site Framework [B-12-2018] 02-26-18 Foreign-Trade Zone 231 – Stockton, California; Application for Subzone Expansion, Subzone 231A; Medline Industries, Inc., Manteca, California [S-35-2018] FinCEN proposes special measures against ABLV Bank, AS On February 16, 2018, the Financial Crimes Enforcement Network (FinCEN), Treasury, published in the Federal Register a notice of proposed rulemaking Baker McKenzie International Trade Compliance Update | March 2018 35 (NPRM) [Docket Number FinCEN-2017-0013] pursuant to Section 311 of the USA PATRIOT Act, to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, ABLV Bank, AS. The NPRM sets forth (i) FinCEN’s finding that ABLV Bank, AS (ABLV), a commercial bank located in Riga, Latvia, is a foreign financial institution of primary money laundering concern pursuant to Section 311, and (ii) FinCEN’s proposal of a prohibition under the fifth special measure on the opening or maintaining in the United States of a correspondent account for, or on behalf of, ABLV. Section 311 of the USA PATRIOT Act (Section 311), codified at 31 U.S.C. 5318A, grants FinCEN the authority, upon finding that reasonable grounds exist for concluding that a jurisdiction outside of the United States, one or more financial institutions operating outside of the United States, one or more classes of transactions within or involving a jurisdiction outside of the United States, or one or more types of accounts is of primary money laundering concern, to require domestic financial institutions and domestic financial agencies to take certain “special measures.” The five special measures enumerated in Section 311 are prophylactic safeguards that defend the U.S. financial system from money laundering and terrorist financing. FinCEN may impose one or more of these special measures in order to protect the U.S. financial system from these threats. Special measures one through four, codified at 31 U.S.C. 5318A(b)(1)–(b)(4), impose additional recordkeeping, information collection, and reporting requirements on covered U.S. financial institutions. The fifth special measure, codified at 31 U.S.C. 5318A(b)(5), allows FinCEN to prohibit, or impose conditions on, the opening or maintaining in the United States of correspondent or payable-through accounts for, or on behalf of, a foreign banking institution, if such correspondent account or payable-through account involves the foreign financial institution found to be of primary money laundering concern. Written comments on the notice of proposed rulemaking must be submitted on or before April 17, 2018. New sanctions measures put shipping industry on notice of North Korea sanctions risks As part of its continuing efforts to isolate North Korea from the world economy, on February 23, 2018, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced new sanctions measures targeting North Korea’s shipping industry and issued an advisory document entitled “North Korea Sanctions Advisory,” which highlights sanctions risks in the global shipping industry. I. New Sanctions Designations The new sanctions measures involve the designation as Specially Designated Nationals (“SDNs”) of 27 shipping and trading companies, 28 vessels, and one individual accused of operating in or providing assistance to the North Korean shipping industry. Many of these entities and vessels have connections with China, Singapore, Taiwan, Hong Kong, the Marshall Islands, Tanzania, Panama, and Comoros, highlighting the on-going efforts to disincentivize any extraterritorial assistance to North Korea as it continues to evade US and/or UN sanctions. As a consequence of the OFAC designations, all of the property and interests in property within US jurisdiction of these designated individuals and entities are Baker McKenzie International Trade Compliance Update | March 2018 36 blocked. Additionally, “US Persons” are generally prohibited from engaging in transactions with an SDN and any entities 50% or more owned by an SDN. “US Persons” include (i) entities organized under US laws and their non-US branches, (ii) individuals or entities in the United States, and (iii) US citizens or permanent resident aliens (“Green Card” holders) wherever located. Non-US Persons, including separately incorporated non-US subsidiaries of US companies, may be subject to US jurisdiction if they cause any SDN-related transactions to occur in whole or in part in the United States, including through the inter-country transfer of US dollars. II. Advisory on Sanctions Risks Related to North Korea’s Shipping Practices OFAC, in conjunction with the US State Department and Coast Guard, also issued the above referenced advisory to alert insurers, flag registries, shipping companies, financial institutions, and others involved in the shipping industry to the potential risks under US and/or UN sanctions of engaging in transactions with the North Korean shipping and transportation industries, as well as to draw attention to the apparent deceptive shipping practices of North Korea. In particular, the guidance reiterates that OFAC may designate both US and nonUS persons as SDNs, stating explicitly that OFAC is “aggressively targeting” any person who: • Facilitates a significant export to or import from North Korea; or • Engages in the transportation industry of the North Korean economy. OFAC has wide discretion over what it considers to be “significant” depending on the policy objective under the given circumstances. The advisory is also a reminder that US law requires that OFAC impose sanctions on any person, whether US or non-US, determined to have knowingly, directly or indirectly: • Provided significant amounts of fuel or supplies, provided bunkering services, or facilitated a significant transaction or transactions to operate or maintain a vessel or aircraft designated under US or UN sanctions, or that is owned or controlled by a person designated under US or UN sanctions; or • Insured, registered, facilitated the registration of, or maintained insurance or registration for, a vessel owned or controlled by the Government of North Korea. OFAC may also designate any non-US financial institution that knowingly facilitates a significant export to or import from North Korea, or on behalf of a North Korea-related blocked person, such as an SDN. Finally, the guidance reiterates that UN sanctions allow for: • An asset freeze and travel ban designation for any individual or entity engaged in or providing support for, including through other illicit means, North Korea’s nuclear, weapons of mass destruction, and ballistic missile programs; and • Take a variety of actions against vessels, including: deflagging/deregistering, inspection requirements, a global port entry ban, and/or impoundment. Separately, the advisory provides examples of the tactics used by North Korea to obfuscate the identity of the vessels, the goods being shipped, and the origin Baker McKenzie International Trade Compliance Update | March 2018 37 and/or destination of cargo. These examples may be relevant not only to shipping companies, but also more generally to trading companies operating in the region and beyond. The advisory makes clear that routine counterparty screening, in and of itself, may not be sufficient to avoid dealings with North Korean ships and shipping. Insurers, flag registries, shipping companies, financial institutions, and others involved in the shipping industry should, therefore, meaningfully assess their potential exposure to the North Korean shipping industry and consider additional risk mitigation measures. Companies should also review the list of “red flags” highlighted by OFAC in the advisory and consider whether their compliance programs are properly structured to identify and escalate these indicators of potential illicit conduct for careful review. For additional information, please contact the authors, Ryan Fayhee, Eunkyung Kim Shin, Lloyd Grove or any member of our Outbound Trade group with whom you normally work. Census announces arrival of new Schedule B numbers On February 5, 2018, the Census Bureau announced that The Schedule B commodity classification codes for export have been updated for 2018. Codes are updated every January and July at the 10-digit level. All of the following resources can be found online. • The new 2018 Schedule B book is available in HTML and PDF formats. All current and historic codes added or removed from the Schedule B going back to the last major revision, in January 2017, can be found in the “Add/Delete List“ under “Browse chapters.” • Outdated Schedule B codes are available. The “Obsolete to New” list is a quick way to see which codes are no longer valid, starting January 2018, and which new codes replaced them. Notice that from 2016 forward, there were obsolete codes in both January and July. Before 2016, the Schedule B numbers were only updated annually. • A third resource available is the Schedule B Search Engine. State amends ITAR On February 14, 2018, the Department of State (State) published in the Federal Register a final rule [Public Notice 10306] amending the International Traffic in Arms Regulations (ITAR) to include reference to South Sudan in its regulations on prohibited exports, imports, and sales to and from certain countries, and to update defense trade policy toward South Sudan by applying a policy of denial on the export of defense articles and defense services to South Sudan, except as otherwise provided. This amendment reflects a policy determination made by the Secretary of State. BIS adds 21 entities to the Entity List On February 16, 2018, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 180112034-8034-01] that amends the Export Administration Regulations (EAR) by adding twenty-one entities to the Entity List. The twenty-one entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating Baker McKenzie International Trade Compliance Update | March 2018 38 international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Georgia, Poland and Russia. BIS seeks comments on controls on energetic materials, armored and protective “equipment” and military electronics On February 12, 2018, the Bureau of Industry and Security (BIS) published in the Federal Register a notice of inquiry and request for comments [Docket No. 170721692–8078–01] to perform a complementary review of items on the Commerce Control List (CCL) concurrent with the Department of State’s review [below] of the controls implemented in its recent revisions of parts of the United States Munitions List (USML; which control explosives and energetic materials, propellants, incendiary agents and their constituents; personal protective equipment; and military electronics), to ensure that the descriptions of these items on the CCL are clear, items for normal commercial use are not inadvertently controlled as military items on the USML, technological developments are accounted for on the control lists, and controls properly implement the national security and foreign policy objectives of the United States. This Notice of Inquiry also furthers the regulatory reform agenda directed by the President in Executive Order 13777. Comments must be received by BIS no later than April 13, 2018. State seeks comments regarding USML Categories V, X and XI On February 12, 2018, the Department of State (State) published in the Federal Register a notice of inquiry and request for comments [Public Notice 9980; Docket No. DOS-2017-0017] regarding review of United States Munitions List Categories V, X, and XI. State periodically reviews USML categories to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the United States. The Notice of Inquiry is the third in a series of solicitations requesting feedback on revised USML categories. Previous Notices of Inquiry requested comments on Categories VIII and XIX (see 80 Fed. Reg. 11314) and Categories VI, VII, XIII, and XX (see 80 Fed. Reg. 61138). The subjects of this Notice of Inquiry are Categories V and X, which was most recently revised on January 2, 2014 (see 79 Fed. Reg. 34), and Category XI, which was most recently revised on July 1, 2014 (see 79 Fed. Reg. 37536). Additionally, State determined that it is in the interest of the security of the United States to temporarily revise USML Category XI paragraph (b), pursuant to the provisions of 22 C.F.R. 126.2, while a long-term solution is developed. A recent final rule extends the July 2, 2015 modification (80 Fed. Re. 78130) to August 30, 2018 to allow the U.S. government to review USML Category XI in full and publish proposed and final rules. As with previous inquiries, State seeks comment from the public on the condition and efficacy of these categories. State will accept comments on the Notice of Inquiry up to April 13, 2018. State changes policy on exports of defense articles and defense services to South Sudan On February 2, 2018, the Directorate of Defense Trade Controls posted the following notice on its “New Items and Announcements“ page: Pursuant to section 38(a) of the Arms Export Control Act and the delegated authority of the Secretary of State thereunder, the Secretary has determined that it is the policy of the Department of State to deny, with limited exceptions, export licenses or other approvals for defense articles and defense services subject to the International Traffic Baker McKenzie International Trade Compliance Update | March 2018 39 in Arms Regulations (ITAR) and destined for South Sudan. This policy is effective immediately. DDTC will publish a rule in the Federal Register to implement a conforming change to ITAR §126.1. Restrictive measures and additions to OFAC, State, BIS or USCG 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), the Bureau of Industry and Security (BIS) or the US Coast Guard (USCG): F.R. Date Applicable orders 02-01-18 OFAC: Notice of OFAC Sanctions Actions (N) [16 individuals, 9 entities, 6 vessels, revised information on 1 individual and 1 entity] 02-05-18 OFAC: Notice of OFAC Sanctions Actions [4 individuals. 4 entities] OFAC: Notice of OFAC Sanctions Actions [21 individuals, 9 entities, 12 additional entities] 02-06-18 State: E.O. 13224 Designation of Harakat al-Sabireen, aka Al-Sabirin, aka AlSabireen, aka a-Sabrin organization, aka Al-Sabireen Movement for Supporting Palestine, aka Al-Sabireen for the Victory of Palestine, aka The Sabireen Movement, aka HESN, aka Movement of Those Who Endure with Patience, aka Movement of the Patient Ones as a Specially Designated Global Terrorist [Public Notice: 10301] (N) State: E.O. 13224 Designation of Hasm, aka Hassm, aka Hasm Movement, aka Harakah Sawa’id Misr, aka Harakat Sawa’d Misr, aka Arms of Egypt Movement, aka Movement of Egypt’s Arms, aka Movement of Egypt’s Forearms, aka Hamms, aka Hassam, aka Hasam as a Specially Designated Global Terrorist entity [Public Notice: 10302] (N) State: E.O. 13224 Designation of Ismail Haniyeh, aka Ismail Abdel Salam Ahmed Haniyeh, aka Ismail Haniya, aka Ismail Haniyah, aka Ismail Haniyyah, aka Ismael Haniyah, aka Ismael Haniya, aka Ismayil Haniyeh, aka Ismail Hanieh as a Specially Designated Global Terrorist [Public Notice: 10303] (N) State: E.O. 13224 Designation of Liwa al-Thawra, aka Liwa al-Thawrah, aka Liwa’ al- Thawrah, aka Liwaa al-Thawra, aka Lewaa Al-Thawra, aka Revolution Brigade, aka The Revolution Brigade, aka Banner of the Revolution, as a Specially Designated Global Terrorist Entity [Public Notice: 10300] (N) 02-07-18 OFAC: Notice of OFAC Sanctions Action (N) [6 individuals and 7 entities] 02-08-18 US Coast Guard: List of Vessels Prohibited from Entering or Operating within the Navigable Waters of the United States, Pursuant to the Ports and Waterways Safety Act, as amended by the Countering America’s Adversaries Through Sanctions Act [Docket No. USCG-2017-1006] (N) 02-13-18 OFAC: Notice of OFAC Sanctions Actions (N) [3 persons] 02-16-18 BIS: Russian Sanctions: Addition of Certain Entities to the Entity List [Docket No. 180112034-8034-01] (FR) [21 entities] 02-20-18 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals; 4 entities] 02-21-18 OFAC: Notice of OFAC Sanctions Actions (N) [10 individuals; 7 entities] 02-26-18 State: E.O. 13224 Designation of Ansarul Islam, aka Ansarour Islam, aka Ansar al-Islam, aka Defenders of Islam, aka Ansar-ul-islam lil-ichad wal jihad, aka IRSAD, aka Ansar ul Islam of Malam Boureima Dicko, as a Specially Designated Global Terrorist [Public Notice: 10321] (N) 02-28-18 State: E.O. 13224 Designation of ISIS-Egypt, aka Islamic State in Egypt, aka Islamic State Egypt, as a Specially Designated Global Terrorist [Public Notice: 10334] (N) State: E.O. 13224 Designation of ISIS-Somalia, aka Islamic State in Somalia, aka ISS, aka ISIS in East Africa, aka Abnaa ul-Calipha as a Specially Designated Global Terrorist [Public Notice: 10333] (N) State: In the Matter of the Designation of ISIS-Bangladesh (and Other Aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice: 10329] (N) Baker McKenzie International Trade Compliance Update | March 2018 40 F.R. Date Applicable orders State: In the Matter of the Designation of ISIS-Philippines (and Other Aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice: 10326] (N) State: In the Matter of the Designation of ISIS-West Africa (ISIS-WA) aka ISIS West Africa aka ISIS West Africa Province aka Islamic State of Iraq and Syria West Africa Province aka Islamic State of Iraq and the Levant-West Africa (ISILWA) aka Islamic State West Africa Province (ISWAP) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice: 10328] (N) State: E.O. 13224 Designation of Abu Musab al-Barnawi aka Habib Yusuf as a Specially Designated Global Terrorist [Public Notice: 10325] (N) State: E.O. 13224 Designation of ISIS-Philippines, aka ISIS in the Philippines, aka ISIL Philippines, aka ISIL in the Philippines, aka IS Philippines, aka ISP, aka Islamic State in the Philippines, aka Islamic State in Iraq and Syria in South-east Asia, aka Dawlatul Islamiyah Waliyatul Masrik , DIWM, aka Dawlatul Islamiyyah Waliyatul Mashriq, aka IS East Asia Division, aka ISIS branch in the Philippines, aka ISIS’ “Philippines province” as a Specially Designated Global Terrorist [Public Notice: 10332] (N) State: E.O. 13224 Designation of ISIS-Bangladesh, aka Caliphate in Bangladesh, aka Caliphate’s Soldiers in Bangladesh, aka Soldiers of the Caliphate in Bangladesh, aka Khalifah’s Soldiers in Bengal, aka Islamic State Bangladesh, aka Islamic State in Bangladesh, aka ISB, aka ISISB, aka Abu Jandal alBangali, aka Neo-JMB, aka Neo-Jamaat-ul Mujahideen Bangladesh, aka NewJMB as a Specially Designated Global Terrorist [Public Notice: 10327] (N) State: E.O. 13224 Designation of ISIS-West Africa (ISIS-WA), aka ISIS West Africa, aka ISIS West Africa Province, aka Islamic State of Iraq and Syria West Africa Province, aka Islamic State of Iraq and the Levant-West Africa (ISIL-WA), aka Islamic State West Africa Province (ISWAP) as a Specially Designated Global Terrorist [Public Notice: 10331] (N) State: E.O. 13224 Designation of Mahad Moalim as a Specially Designated Global Terrorist [Public Notice: 10335] (N) State: E.O. 13224 Designation of the Maute Group, aka IS-Ranao, aka Islamic State of Lanao, as a Specially Designated Global Terrorist [Public Notice: 10330] (N) Orders denying export privileges During the past month, the following orders were published: F.R. Date Subject 02-02-18 Gulnihal Yegane et al 02-14-18 Justin Gage Jangraw 02-20-18 Irina Cvetkovic 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 02-02-18 State: Global Magntisky Human Rights Accountability Act Annual Report [Public Notice: 10258] (N) ITA: Proposed Information Collection; Comment Request; Application for Export Trade Certificate of Review Baker McKenzie International Trade Compliance Update | March 2018 41 F.R. Date Subject 02-05-18 BIS: Proposed Information Collection; Comment Request; Request for the Appointment of a Technical Advisory Committee 02-07-18 State: Meeting on United States-Oman Free Trade Agreement Environment Chapter Implementation, Joint Forum On Environmental Cooperation, and Public Session [Public Notice 10305] (N) [March 4 and 5, 2018 in Muscat, Oman] State: Notice of Receipt of an Application from the California Department of Transportation for Issuance of a Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of a New Border Crossing at Otay Mesa East [Public Notice: 10296; DOS-2018-0007] (N/RFC) 02-08-18 ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty (N) 02-14-18 State: Meeting on United States-Morocco Free Trade Agreement Environment Chapter Implementation, Working Group on Environmental Cooperation, and Public Session [Public Notice: 10313] (N/H) [Rabat, March 13, 2018] 02-16-18 BIS: The Effect of Imports of Steel on the National Security, An Investigation Conducted under Section 232 of the Trade Expansion Act of 1962, as Amended BIS: The Effect of Imports of Aluminum on the National Security, An Investigation Conducted under Section 232 of the Trade Expansion Act of 1962, as Amended 02-20-18 BIS: Materials Processing Equipment Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [March 6, 2018] BIS: Materials Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [March 8, 2018] BIS: Transportation and Related Equipment Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [March 7, 2018] 02-21-18 BIS: Proposed Information Collection; Comment Request; Request for Investigation under Section 232 of the Trade Expansion Act [OMB Control Number: 0694-0120 ] (N) 02-22-18 State: Meeting of The United States-Bahrain Joint Forum on Environmental Cooperation and Request For Comments on The Meeting Agenda and The 2017- 2021 Work Program [Public Notice 10314] (N/H) [Manama, March 7, 2018] State: Notice of Public Meeting of the International Telecommunication Advisory Committee and Preparations for Upcoming International Telecommunications Meetings [Public Notice 10315] (N/H) [March 9, 2018] 02-23-18 ITA: Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [July 19, 2018] ITA: Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [March 15, 2018] ITA: Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [May 17, 2018] 02-27-18 ITA: Notice of Request for Applicants for Appointment to the United StatesMexico Energy Business Council (N) State: 60-Day Notice of Proposed Information Collection: Request for Approval of Manufacturing License Agreements, Technical Assistance Agreements, and Other Agreements [DDTC] [Public Notice 10324; DOS-2018-0011; OMB No. 1405-0093] (N) State: 60-Day Notice of Proposed Information Collection: Maintenance of Records by DDTC Registrants [Public Notice: 10322; DOS-2018-0009; OMB No. 1405-0111] (N) 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 02-01-18 Craft Beverage Modernization and Tax Reform Baker McKenzie International Trade Compliance Update | March 2018 42 FTC amends Energy Labeling Rule On February 22, 2018, the Federal Trade Commission (FTC) published in the Federal Register a final rule that amends the Energy Labeling Rule (“Rule”) by updating ranges of comparability and unit energy cost figures on EnergyGuide labels for dishwashers, furnaces, room air conditioners, and pool heaters. The FTC also set a compliance date of October 1, 2019 for EnergyGuide labels on room air conditioner boxes and makes several minor clarifications and corrections to the Rule. The amendments are effective May 23, 2018. Background: The Commission issued the Rule in 1979, pursuant to the Energy Policy and Conservation Act of 1975 (EPCA). The Rule requires energy labeling for major home appliances and other consumer products to help consumers compare competing models. It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions. The Rule requires manufacturers to attach yellow EnergyGuide labels to many covered products and prohibits retailers from removing these labels or rendering them illegible. In addition, it directs sellers, including retailers, to post label information on websites and in paper catalogs from which consumers can order products. EnergyGuide labels for most covered products contain three key disclosures: Estimated annual energy cost, a product’s energy consumption or energy efficiency rating as determined by DOE test procedures, and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models. For cost calculations, the Rule specifies national average costs for applicable energy sources (e.g., electricity, natural gas, oil) as calculated by DOE. Under the Rule, the Commission periodically updates comparability range and annual energy cost information based on manufacturer data submitted pursuant to the Rule’s reporting requirements. The Rule also sets a five-year schedule for updating comparability range and annual energy cost information. 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 02-01-18 CPSC: CPSC Acceptance of Third Party Laboratories: Revision to the Notice of Requirements for Prohibitions of Children's Toys and Child Care Articles Containing Specified Phthalates [Docket No. CPSC–2017–0043] (FR/N) 02-05-18 CPSC: Amendments to Fireworks Regulations; Notice of Opportunity for Oral Presentation of Comments [Docket No. CPSC–2006–0034] (PR) 02-20-18 FTC: Delegation of Limited Authority (FR) FTC: Regulatory Review Schedule (N/RFC) 02-22-18 FTC: Energy Labeling Rule (FR) FTC: Guides for the Nursery Industry (N/RFC) 02-27-18 CPSC: All-Terrain Vehicles [CPSC Docket No. 2017-0032] (FR) CPSC: Hazardous Substances and Articles; Administration and Enforcement Regulations: Corrections to Animal Testing Regulations [CPSC Docket No. CPSC-2012-0036] (FR) Baker McKenzie International Trade Compliance Update | March 2018 43 FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders: F.R. Date Subject 02-26-18 Q11 Development and Manufacture of Drug Substances--Questions and Answers (Chemical Entities and Biotechnological/Biological Entities); International Council for Harmonisation; Guidance for Industry; Availability [Docket No. FDA2011-D-0436] (N) APHIS and other USDA notices issued During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]: F.R. Date Subject 02-06-18 APHIS: Supplemental Requirements for Importation of Fresh Citrus From Colombia Into the United States [Docket No. APHIS-2017-0074] (N/RFC) 02-12-18 AMS: Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Continuance Referendum [Document No. AMS-SC-17- 0072] (N) APHIS: Standardizing Phytosanitary Treatment Regulations: Approval of Cold Treatment and Irradiation Facilities; Cold Treatment Schedules; Establishment of Fumigation and Cold Treatment Compliance Agreements [Docket No. APHIS2013-0081] (FR) 02-13-18 FSIS: Egg Products Inspection Regulations [Docket No. FSIS-2005-0015] (PR) 02-14-18 AMS: Fees for Official Inspection and Official Weighing Services under the United States Grain Standards Act (USGSA) (FR) 02-16-18 FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on Residues of Veterinary Drugs in Food [Docket No. FSIS-2017-0053] (N/H/RFC) 02-20-18 APHIS: Notice of Availability of an Evaluation of the Classical Swine Fever and Swine Vesicular Disease Status of Japan [Docket No. APHIS-2017-0098] (N) 02-21-18 FSIS: Codex Alimentarius Commission: Codex Committee on Pesticide Residues (CCPR) [Docket No. FSIS-2018-0002] (N/H) [March 15, 2018] FAS GAIN reports Below is a partial list of Global Agriculture Information Network (GAIN) reports that were recently issued by the US Foreign Agriculture Service (FAS) in the Food and Agricultural Import Regulations and Standards (FAIRS) series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website. • Canada - Canada Releases Proposed Regulations for Front of Package Labeling • Canada - FAIRS - Narrative • Chile – FAIRS - Narrative • Chile - Update on Chilean Advertising of Packaged Foods and Beverages • China - China Notifies Measures for the Inspection and Supervision Baker McKenzie International Trade Compliance Update | March 2018 44 • China - FAIRS - Certification • China - FAIRS - Narrative • China - Importing Foods without National Food Safety Standards • Colombia – FAIRS - Narrative • Dom. Rep. - Dominican Government Simplifies Sanitary Registration Process • Egypt – FAIRS - Certification • EU - EU Bans Use of Artificial Sweeteners in Dietetic Bakery Products • EU - New Rules on BPA More Restrictive _ • France – FAIRS - Certification • France – FAIRS - Narrative • India - Tariffs Increased and Additional Fees with 2018-19 Budget • Israel - Certificate of Origin Update • Israel - New Nutritional Labeling Regulation • Italy - FAIRS - Narrative • Japan – FAIRS - Narrative • Japan - MHLW invites public comments on revision of tofu standards • Lithuania – FAIRS - Narrative • Netherlands – FAIRS Report • Panama - Exporter Guide • Russia - Draft SPS Measure on Rabbit Semen Notified to WTO • Senegal – FAIRS - Certification • Senegal - FAIRS - Narrative • Singapore - FAIRS - Certification • Singapore - FAIRS - Narrative • Ukraine - Feed Regulations Change • Venezuela – FAIRS - Narrative 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: F.R. Date Subject 02-01-18 Drug Enforcement Administration (DEA): Schedules of Controlled Substances: Temporary Placement of Seven Fentanyl-Related Substances in Schedule I [Docket No. DEA–475] (Temp. Amend/Sched. Order) Environmental Protection Agency (EPA): Dicloran (DCNA); Amendments To Terminate Uses for Certain Pesticide Registrations [EPA–HQ–OPP–2005– 0265; FRL–9972–01] (N) EPA: Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation/Termination or Suspension of Permits; Procedures for Decisionmaking; Correction [FRL–9971–52–OARM] (FR) 02-06-18 DEA: Schedules of Controlled Substances: Temporary Placement of FentanylRelated Substances in Schedule I [Docket No. DEA-476] (Temp) 02-07-18 Energy: Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products [EERE-2017-BT-STD-0062] (RFI) EPA: Fomesafen; Pesticide Tolerances [EPA-HQ-OPP-2015-0629; FRL-9972- Baker McKenzie International Trade Compliance Update | March 2018 45 F.R. Date Subject 66] (FR) EPA: Isoxaben; Pesticide Tolerances [EPA-HQ-OPP-2016-0650; FRL-9972- 75] (FR) EPA: Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products [EPA-HQ-OPPT-2017-0245; FRL9972-68] (FR) 02-08-18 EPA: Modification of Significant New Use of a Certain Chemical Substance [EPA-HQ-OPPT-2011-0941; FRL-9973-02] (PR) EPA: Assignment and Application of the “Unique Identifier” under TSCA Section 14; Notice of Additional Information and Opportunity to Comment [EPAHQ-OPPT-2017-0144; FRL-9972-94] (N) 02-09-18 EPA: Cyflufenamid; Pesticide Tolerances [EPA-HQ-OPP-2016-0649; FRL9972-61] (FR) EPA: Zoxamide; Pesticide Tolerances [EPA-HQ-OPP-2016-0681; FRL-9972- 69] (FR) EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for November 2017 [EPA-HQ-OPPT-2017-0141; FRL-9972-07] (N) EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for October 2017 [EPA-HQ-OPPT-2017-0141; FRL-9972-05] (N) 02-12-18 EPA: Rimsulfuron; Pesticide Tolerances [EPA-HQ-OPP-2016-0516; FRL-9972- 36] (FR) Fish and Wildlife Service (FWS): Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties [Docket No. FWS–HQ–LE–2017–0097; FF09L00200– FX–LE18110900000] (FR) 02-13-18 Maritime Administration (MARAD): Inventory of U.S.-Flag Launch Barges; Invitation for Public Comments [Docket No. MARAD-2018-0020] (N) National Highway Transportation Safety Admin. (NHTSA): Removing Regulatory Barriers for Vehicles With Automated Driving Systems [Docket No. NHTSA– 2018–0009] (H/RFC) 02-16-18 EPA: Pendimethalin; Pesticide Tolerances [EPA-HQ-OPP-2014-0247; FRL9973-03] (FR) Interior: Draft List of Critical Minerals [DOI-2018-0001; 178D0102DM, DS6CS00000, DLSN00000.000000, DX.6CS25] (N) [Pursuant to Executive Order 13817 issued on December 20, 2017, “A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals”] 02-20-18 EPA: Quizalofop ethyl; Pesticide Tolerances [EPA-HQ-OPP-2011-0152; FRL9972-24] (FR) 02-22-18 EPA: Methyl-alpha-D-mannopyranoside (Alpha Methyl Mannoside); Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2017-0314; FRL-9972-04] (FR) 02-23-18 Energy: Energy Conservation Program: Energy Conservation Standards Program Design [EERE-2017-BT-STD-0059] (N/E) EPA: Quizalofop ethyl; Pesticide Tolerances [EPA-HQ-OPP-2016-0360; FRL9972-30] (FR) EPA: Indaziflam; Pesticide Tolerances for Emergency Exemptions [EPA-HQOPP-2017-0551; FRL-9973-10] (FR) EPA: Distillates (petroleum), Solvent-Dewaxed Heavy Paraffinic; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2017-0179; FRL-9974-14] (FR) 02-26-18 EPA: Modification of Significant New Use of a Certain Chemical Substance; Extension of Comment Period [EPA-HQ-OPPT-2011-0941; FRL-9974-60] (PR/E) EPA: User Fees for the Administration of the Toxic Substances Control Act [EPA-HQ-OPPT-2016-0401; FRL-9974-31] (PR) NHTSA: Federal Motor Vehicle Safety Standard No. 141, Minimum Sound Requirements for Hybrid and Electric Vehicles [Docket No. NHTSA-2018-0018] (FR) 02-27-18 EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2017-0006; FRL9972-17] (N/RFC) Baker McKenzie International Trade Compliance Update | March 2018 46 F.R. Date Subject EPA: Inquiry to Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export [EPA-HQ-OECA-2018-0004; FRL9974-57-OECA] (N/RFC) EPA: Interim Registration Review Decisions and Case Closures for Several Pesticides; Notice of Availability [EPA-HQ-OPP-2017-0751; FRL-9973-09] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA-HQ-OPP-2017-0007; FRL-9972-19] (N) EPA: Registration Review Proposed Interim Decisions for Several Pesticides; Notice of Availability [EPA-HQ-OPP-2017-0750; FRL-9973-08] (N) 02-28-18 EPA: Titanium Dioxide; Exemption from the Requirement of a Tolerance [EPAHQ-OPP-2017-0257; FRL-9972-63] (FR) EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA-HQ-OPP-2017-0008; FRL-9972-18] (N) NHTSA: Removing Regulatory Barriers for Vehicles with Automated Driving Systems; Extension of Comment Period [Docket No. NHTSA-2018-0009] (RFC/E) Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. 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]. Disposiciones of the National Administration of Medicines, Food and Medical Technology (ANMAT) relating to prohibitions on commercialization or use are no longer listed. BO Date Subject 01-02-18 Federal Admin. of Public Revenues (AFIP) and Commerce Secretary: Joint General Res. 4202-E/2018 (31-01-18) [re:Procedures for the Processing of Import Licenses.] 07-02-18 Production/Foreign Trade: Prov. 11-E/2018 (05-02-18) – [procedure of nonpreferential verification of origin for tableware declared as originating in Thailand] 09-02-18 Production/Foreign Trade: Prov. 12-E/2018 (07-02-18) [procedure of nonpreferential verification of origin for zipper closures declared as originating in Taiwan] 16-02-18 Decree 126/2018 (15-02-18) exempting from duty and tax payment all articles of sports equipment, merchandising products, technological equipment, promotional materials, furniture, credentials, food products, medicines and other elements for the organization and development of the “Olympic Games of Youth Buenos Aires 2018 19-02-18 AFIP: General Resolution 4204 (15-02-18) Disapplication of the Pehuajó Customs Primary Zone, in the jurisdiction of the La Plata Customs Division. Repeals General Resolution No. 3,483. 20-02-18 AFIP: General Resolution 4205/2018 (16-02-18) Abbreviated summary procedure for the processing of the infractions provided for and penalized by Articles 994 and 995 of the Customs Code. Modification of General Resolution No. 4,088. 23-02-18 Decree 146/2018 (22-02-18) “XVI Fundal Fair of the Communities”- Exempting Baker McKenzie International Trade Compliance Update | March 2018 47 BO Date Subject goods from the payment of import duties and other taxes 28-02-18 Decree 159/2018 (27-02-18) - “Fimaqh 2018 - Feria Internacional de la Máquina Herramienta y Tecnologías para la Producción” - Exempting goods from the payment of import duties and other taxes Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. BRAZIL Customs facilitation The Brazil-U.S. Business Council reports that: • On November 20, Federal Revenue Secretary Jorge Rachid signed a Brazil-U.S. MOU for the Exchange of Information on exports and imports between Brazil and the U.S, an initiative supported by the Council and a sign of increasing customs cooperation between the two countries. • The Council and CNI requested the Federal Revenue Office to allow use of ATA Carnets from the U.S. and other ATA Carnet Convention member countries. In response to the request, Normative Ruling IN 1763/17 was published on November 23, amending last year’s IN 1639/16. Diário Oficial da União publications The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update. Date Subject CAMEX 30-01-18 Resolution № 3 - Grants temporary reduction in the rate of import duty under Resolution № 08/08 Group of the MERCOSUR Common Market 05-02-18 Resolution № 4 - Alters the Brazilian List of Exceptions to the Mercosur Common External Tariff 15-02-18 Resolution № 5 - sets guidelines for official export credit support mechanisms for services exports 22-02-18 Resolution № 7 - Alters Chapter IX of the Internal Rules of the Foreign Trade Chamber Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. CHILE National Customs postings and Diario Oficial The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial translation]. Baker McKenzie International Trade Compliance Update | March 2018 48 Date Subject 12-02-18 Hacienda: Exempt Resolution № 409, of 2018.- Modifies Compendium of Customs Rules 16-02-18 Foreign Affairs: Decree № 238, of 2017. - Promulgates Agreement on the Update and Transposition of the Harmonized System 2012 to 2017 for the tariff schedules and specific rules of origin established in Annexes A1, B1 and C1 of the Partial Scope Agreement between the Republic of Chile and the Republic of India Hacienda: Exempt Decree № 58, of 2018. - Applies reductions of customs duties for the importation of wheat and wheat or morcajo flour (tranquillum) 21-02-18 Hacienda: Exempt Resolution № 670, of 2018. - Modifies Compendium of Customs Rules 22-02-18 Hacienda: Exempt Resolution № 539, of 2018.- Modifies Compendium of Customs Rules 23-02-18 Hacienda: Exempt Decree № 65, of 2018. - Applies rebates of customs duties for the importation of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and sub-standards Classification opinions, advance rulings and classification valuation and origin decisions The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to the present are available. Post entry Classification, valuation and origin decisions on claims (fallos de reclamaciones) at the first and second instance levels from 2003 to the present are also available. COLOMBIA TPTA information Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here. Tariff Classification Resolutions Tariff Classification Resolutions may be found here. 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 13-02-18 MinCIT: Circular 07 “Measures taken by the United Nations Security Council against the Democratic People's Republic of Korea - DPRK MinCIT: Decree 272 modifying Decree 1343 of 2017 regarding tariffs 16-02-18 DIAN: Circular 003128 - Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products 27-02-18 DIAN: Circular 000005 - Reference prices of agricultural products. 28-02-18 DIAN: Circular 003135 - Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products Baker McKenzie International Trade Compliance Update | March 2018 49 PERU Tariff Classification database A searchable Tariff Classification Resolution (ruling) database (from 2006 through the present) is available. It may be searched by the tariff number, resolution number, or description. The database currently has approximately 7400 resolutions, some with photographs. SUNAT and El Peruano publications The following documents of interest to international traders were posted during the past month by SUNAT (National Customs Superintendent and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (dd-mm-yy): Date Subject 03-02-18 External Relations: Supreme Resolution № 009-2018-RE Delegate powers to sign the Economic Complementarity Agreement signed between the Governments of the Argentine Republic of the Federative Republic of Brazil of the Republic of Paraguay and the Eastern Republic of Uruguay, the States Parties of MERCOSUR and the Government of the Republic of Peru - Sixth Protocol Additional 04-02-18 SUNAT: Resolution No. 06-2018-SUNAT / 310000 Modify the Specific Procedure Personnel Registration of Foreign Trade Operators DESPA-PE.24.04 (version 1) SUNAT: Resolution No. 05-2018-SUNAT / 310000 Modify the General Procedure Authorization of Foreign Trade Operators DESPA-PG.24 (version 3) SUNAT: Resolution No. 04-2018 / SUNAT / 310000 Modify the Specific Procedure Application of Preferences to the Protection of the FTA Canada - Peru DESPA-PE.01.20 (version 1) SUNAT: Resolution N ° 003-2018-SUNAT / 300000 Approves discretion to not determine or sanction infractions provided in the General Customs Law 06-02-18 External Relations: Supreme Resolution № 011-2018-RE Delegates powers to sign the Peru-Australia Free Trade Agreement Economy and Finance: Supreme Decree № 018-2018-EF The Supreme Decree N ° 193-2005-EF is repealed referring to frequent importers and customs facilitation measures are dictated 07-02-18 External Relations: Supreme Resolution № 013-2018-RE Sending to the Congress of the Republic the documentation relative to the Convention to Combat the Bribery of Foreign Public Servants in International Commercial Transactions 08-02-18 Economy and Finance: Supreme Decree № 020-2018-EF The WCO IT 2018 event - Conference and Exhibition of the WCO is declared to be of national interest 10-02-18 Foreign Trade and Tourism: Ministerial Resolution № 051-2018-MINCETUR Approves the Institutional Operational Plan 2018 of the Executing Unit 005: Foreign Trade Single Window - Second Stage 14-02-18 Economy and Finance: Vice Ministerial Resolution № 002-2018-EF / 15.01 - Reference prices and additional variable duties applicable to imports of corn, sugar, rice and whole milk powder 16-02-18 Ext. Relations: Supreme Resolution № 029-2018-RE Delegate to the Minister of Foreign Trade and Tourism the powers to sign the Comprehensive and Progressive Treaty of Trans-Pacific Partnership see April Update for continuation Baker McKenzie International Trade Compliance Update | March 2018 50 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 Indexation of customs duty rates on excise-equivalent goods on 5 February 2018 Department of Home Affairs (DHA) Notice No. 2018/03 of 31 January 2018, sets out the new customs duty rates for certain excise-equivalent goods, including spirits, beers and fuel products, operative from 5 February 2018. Section 19 of the Customs Tariff Act 1995 (Customs Tariff Act), provides for customs duty rates for certain excise-equivalent goods to be indexed biannually, in February and August, to the Consumer Price Index (CPI). The new rates are determined by the application of an indexation factor. This indexation factor is calculated by dividing the most recent June or December Quarter CPI number (112.1) by the previous highest June or December Quarter CPI (110.7) number occurring after the June 1983 Quarter. As the indexation factor for February 2018 (1.013) is greater than one, customs duty for certain excise equivalent goods, in Schedule 3 to the Customs Tariff, will be increased by the application of this factor. The rates of customs duty for excise-equivalent goods, operative from 5 February 2018, are set out in Table 1 to DHA Notice 2018/03 and supersede the rates outlined in the Department of Immigration and Border Protection Notice 2017/20. The rates referenced above also apply to goods subject to indexation in: • Schedule 4A (Singaporean originating goods) • Schedule 5 (US originating goods) • Schedule 6 (Thai originating goods) • Schedule 7 (Chilean originating goods) • Schedule 8 (ASEAN-Australia-New Zealand originating goods) • Schedule 9 (Malaysian originating goods) • Schedule 10 (Korean originating goods) • Schedule 11 (Japanese originating goods) and • Schedule 12 (Chinese originating goods) in the Customs Tariff Act. DHA notices and advices The following Department of Home Affairs (DHA, formerly Immigration and Border Protection (DIBP)) Notices and Home Affairs Cargo advices (HACA) were issued during the period covered by this Update: Date Series and № Title 15-01-18 DHA № 2018/02 Amendments to the Customs Act 1901 – Tariff Concession System 31-01-18 DHA № 2018/03 Indexation of customs duty rates on excise‑equivalent goods on 5 February 2018 [Supersedes the rates outlined in the DIBP Notice 2017/20] 02-18 HACA № 2018/01 Home Affairs Type 3 Digital Certificate Replacement 23-02-18 DHA № 2018/05 Biannual indexation of customs duty rates for certain Baker McKenzie International Trade Compliance Update | March 2018 51 Date Series and № Title tobacco and tobacco products – 1 March 2018 Australian Gazettes The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes as noted(dd-mm-yy): Date Matter 22-12-18 Administrative Arrangements Order - 20 December 2017 amendment and renaming of Departments of State [Renames Department of Immigration and Border Protection as Department of Home Affairs] 05-02-18 Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods - Notice (No. 1) 2018 21-02-18 Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2018 Charter of the United Nations Act 1945 Listing (No. 1) 2018 Australian Tariff Precedents The Department of Immigration and Border Protection (DIBP) has published a List of Current Precedents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various 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. CHINA (INCLUDING HONG KONG SAR) MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy): Date Series and № Subject 05-02-18 MOFCOM, Ministry of Industry and Information Technology, National Defense Science and Industry Bureau, National Atomic Energy Agency, GAC Notice No. 17 of 2018 Implementation of UN Security Council Resolution 2371, in accordance with Article 16 and Article 18 of the Foreign Trade Law of the PRC – Forbidden to export to N. Korea weapons of mass destruction and their means of delivery, dual-use items and technologies, conventional weapons dual-use items. 09-02-18 MOFCOM 15, 2018 Repealing Some Normative Documents 24-02-18 MOFCOM 25, 2018 Release Zhejiang Free Trade Zone for enterprises to apply for non-state trading of crude oil import conditions and procedures Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Baker McKenzie International Trade Compliance Update | March 2018 52 Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy) Date Matter 05-02-18 Circular on United Nations Sanctions Against The Democatic People's Republic of Korea 21-02-18 Strat. Trade Controls Cir.3/2018 Officers Authorized to Sign on Strategic Commodities Licences and Delivery Verification Certificates under Import and Export Ordinance, Cap 60 Import and Export (Strategic Commodities) Regulations (pdf format) 23-02-18 Cert. of Origin Cir. 1/2018 Hong Kong Origin Rules INDIA Other CBEC and DGFT notifications, circulars and instructions The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Cir) and instructions (other than antidumping, countervailing duty and safeguard) and Directorate General of Foreign Trade (DGFT) notifications (N), public notices (PN) were issued during the period covered by this Update: Date Series and № Subject CBEC 02-02-18 06/2018-Cus (T) Further amends notification No. 50/2017- Customs dated the 30th June so as to prescribe effective rate of basic customs duty (BCD) consequent to the changes proposed in the Union Budget 2018-19. 07/2018-Cus (T) Exempts levy of the whole of the Education Cess on all goods in the First schedule to the Customs Tariff Act, 1975 08/2018-Cus (T) Exempts levy of the whole of the Secondary and Higher Education Cess on all goods in the First schedule to the Customs Tariff Act, 1975 09/2018-Cus (T) Rescinds notification No. 69/2004-Customs dated 09.07.2004 exempting specified goods from the levy of Education Cess 10/2018-Cus (T) Rescinds notification No. 28/2007-Customs dated 01.03.2007 exempting specified goods from the levy of Secondary and Higher Education Cess. 11/2018-Cus (T) Exempts specified goods from the whole of levy of Social Welfare Surcharge 12/2018-Cus (T) Exempts specified goods from the of levy of Social Welfare Surcharge in excess of 3% 13/2018-Cus (T) Exempts Integrated tax and Goods and Services Tax compensation cess on imported goods from the whole of levy of Social Welfare Surcharge 14/2018-Cus (T) Amends notification No. 82/2017-Customs dated the 27th October 2017 to increase the effective rate of BCD on silk fabrics from 10% to 20% 15/2018-Cus (T) Rescinds notification No. 6/2015-Customs dated 01.03.2015 16/2018-Cus (T) Rescinds notification No. 7/2015-Customs dated 01.03.2015 17/2018-Cus (T) Rescinds notification No. 57/98-Customs dated 01.08.1998 18/2018-Cus (T) Rescinds notification No. 59/99-Customs dated 11.05.1999 19/2018-Cus (T) Exempts Additional Duty of Customs (Road Cess) levied under section 103 of the Finance ( No.2) Act, 1998 20/2018-Cus (T) Exempts Additional Duty of Customs (Road Cess) levied under section 116 of the Finance Act, 1999 21/2018-Cus (T) Exempts Additional Duty of Customs (CVD), in lieu of Additional Duty of Excise (Road and Infrastructure Cess) levied under clause 110 of the Finance Bill, 2018 Baker McKenzie International Trade Compliance Update | March 2018 53 Date Series and № Subject 22/2018-Cus (T) Further amends notification No. 57/2017- Customs dated the 30th June, 2017 so as to prescribe effective rates of BCD on specified parts of cellular mobile phones and other electronic goods 23/2018-Cus (T) Further amends notification No. 27/2011- Customs dated the 1st March, 2011 so as to prescribe ‘Nil’ rate of export duty on Electrodes of a kind used for furnaces 06-02-18 24/2018-Cus (T) Increases import duty on all types of sugar under tariff head 1701, [Raw sugar, Refined or White sugar, Raw sugar if imported by bulk consumer] from the present 50% to 100% (Tariff rate) with immediate effect and without an end date. 25/2018-Cus (T) Increases BCD tariff rate on Chana (Chickpeas), [Tariff item 0713 20 0] from 30% to 40% by invoking section 8A (1) of the Customs Tariff Act, 1975 and accordingly, the effective rate of BCD on Chana (Chickpeas), will also be 40%. 12-02-18 26/2018-Cus (T) Further amends the notification No. 50/2017- Customs, dated the 30th June 2017 so as to reduce the Basic Customs Duty on motorcycles falling under tariff heading 8711 15-02-18 12/2018-Cus (NT) Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver 19-02-18 14/2018-Cus (NT) Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Amendment Rules, 2018 23-02-18 27/2018-Cus (T) Seeks to further amend notification No. 50/2017-Customs so as to prescribe effective rate of BCD on various goods 28-02-18 17/2018-Cus (NT) Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver DGFT 02-02-18 Not.48/2015-2020 Amendment in import policy condition of pepper classified under chapter 09 of ITC(HS), 2017-Schedule -1(Import Policy) 05-02-18 Not.49/2015-2020 Update in Para 4 (A) of General Notes Regarding Import Policy of ITC (HS), 2017, Schedule - I (Import Policy) Not.50/2015-2020 Export Policy of Onions - Removal of Minimum Export Price (MEP) PN 58/2015-2020 Amendment in chapter 2 of the Handbook of Procedure (2015-2020) 09-02-18 PN 59/2015-2020 Modification of description of export item “Ladies Blouse” Textile Product SION J-290. 15-02-18 PN 60/2015-2020 Amendments/Corrections in Table 2 of Appendix 3B Foreign Trade Policy 2015-20 16-02-18 Not.61/2015-2020 Inclusion of Seaports located at Dhamra Port and Dighi Port under Para 4.37 of Hand Book of Procedures 2015-20. Not.62/2015-2020 Directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20 20-02-18 Not.51/2015-2020 Amendment in the Foreign Trade (Exemption from application of Rules in certain cases) Amendment Order, 2017. 22-02-18 Not.63/2015-2020 Amendments in ANF 4F & 4G of Handbook of Procedures 2015-20 Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Baker McKenzie International Trade Compliance Update | March 2018 54 INDONESIA Regulations and other legal documents The following import or export regulations and other documents were issued by the Ministry of Trade (T), the Ministry of Finance (F) or Customs & Excise (CE) (dd-mm-yy). Date Reference Matter 01-02-18 Decree No. 237/KM4/2018 (F) Concerning Export Prices KMK No. 237 / KM.4 / 2018 concerning Export Price Determination for Calculation of Export Duty in February 2018 MALAYSIA Federal Government Gazette The following documents were published in the Warta Kerajaan Persekutuan - Federal Government Gazette Date Matter 07-02-18 P.U. (A) 23/2018 Customs (Anti-Dumping Duties) Order 2018 - Countervailing And Anti-Dumping Duties Act 1993 and - Customs Act 1967 Certain cold rolled stainless steel from China, Chinese Taipei, S. Korea and Thailand P.U. (B) 67/2018 Notice of Affirmative Final Determination of an Anti-Dumping Duty Investigation With Regard to the Imports of Cold Rolled Stainless Steel in Coils, Sheets or Any Other Form Originating or Exported From China, S.Korea, Chinese Taipei and Thailand - Countervailing and Anti-dumping Duties Act 1993 P.U. (B) 68/2018 Notice of Negative Final Determination of an Anti-Dumping Duty Investigation With Regard to the Imports of Cold Rolled Stainless Steel in Coils, Sheets or Any Other Form Originating or Exported From China, S. Korea, Chinese Taipei and Thailand - Countervailing and Anti-dumping Duties Act 1993 14-02-18 P.U. (A) 39/2018 Biosafety (Compounding Of Offences) Regulations 2018 - Biosafety Act 2007 P.U. (A) 40/2018 Biosafety (Sampling Procedures) Regulations 2018 - Biosafety Act 2007 P.U. (B) 86/2018 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 23-02-18 P.U. (A) 56/2018 Customs (Prohibition of Exports) (Amendment) Order 2018 - Customs Act 1967 P.U. (A) 57/2018 Customs (Prohibition of Imports) (Amendment) Order 2018 - Customs Act 1967 27-02-18 P.U. (B) 103/2018 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 104/2018 Notification of Values of Crude Palm Oil Under Section 12 - Customs Act 1967 P.U. (B) 105/2018 Notification of Values of Palm Kernel Under Section 12 - Customs Act 1967 Customs rulings Monthly compendiums of Customs classification rulings (with images where available) are available on the recently redesigned Royal Malaysian Customs Department website. Although the rulings are written in Malay, the product is usually listed in English and there are often English language descriptions and references to rulings in English from other Customs administrations. The rulings may be found under the topic: Keputusan Ketetapan Kastam. The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] A note on spelling, grammar and dates-- In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | March 2018 55 SINGAPORE Notices, circulars, etc. Date Reference Matter 01-02-18 Notice 01/2018 CorpPass will be the only mode of Login for Companies to Transact with Singapore Customs From Q3 2018 19-02-18 Cir. 01/2018 Notification of Tariff Changes [for tobacco products] VIETNAM Government documents The following Government laws, decrees, decisions, notices and other documents related to international trade were posted by the General Department of Vietnam Customs on its website. Translations are automated and unofficial [ddmm-yy]: Date Reference and Matter 26-12-17 149/2017 / ND-CP (26-12-17) Vietnam's Special Preferential Import Tariffs for Implementation of the Free Trade Agreement Between Vietnam and South Korea for The 2018-2022 Period. 19-01-18 Official Letter No. 334 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on the refund of overpaid VAT Official Letter No. 344 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on Classification of outdoor plastic pool items Official Letter No. 345 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on refund of import tax after determination of HS code Official Letter No. 346 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on Classification of Goods (“26K-Plate Terminal”) Official Letter No. 352 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on the problems related to the imported sturgeon eggs for breeding 22-01-18 Notice No. 0079-111 January 01, 1818 of the Customs Inspection Department 4 on the analysis results attached with the goods code. Official Letter No. 367 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs Classification “Iron (III) hydroxide polymaltose complex 34%” Document No. 370 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on the handling of VAT on import-export goods Official Dispatch No. 379 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on the handling of tax on goods vehicles in narrow range Document No. 380 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on Classification of Titanium Salt Official Letter No. 391 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on classification of steel sheet Official Letter No. 392 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on amendment and supplementation Official Dispatch No. 393 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on the problem of steel products Concerning the implementation of the national airway one-stop-shop mechanism 23-01-18 Official Letter No. 413 / TCHQ-GSQL dated 23/1/2018 on difficulties in C / O of imported coal 24-01-18 Official Letter No. 435 / TCHQ-TXNK dated 24/01/2018 of the General Department of Customs on the exemption of tax on gifts for humanitarian purposes Official Letter No. 440 / TCHQ-TXNK dated 24/01/2018 of the General Department of Customs on classification of heat pump water heaters Notice No. 53-77 of 01/2018 of Customs Sub-Department 1 on the analysis results attached with the commodity code. 25-01-18 Official Letter No. 451 / TCHQ-GSQL dated 25/1/2018 on problems in checking C / O of coal Notice No. 58-63 of 01/2018 of the Customs Inspection Department on analysis Baker McKenzie International Trade Compliance Update | March 2018 56 Date Reference and Matter results enclosed with goods codes. 26-01-18 Min. of Transport and Communications: 03/2018 / TT-BGTVT (10-01-18) 2018 technical and environmental safety inspection of imported motor vehicles regulated by Decree 116/2017/ND-CP 26-01-18 Official Letter No. 491 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on import tax exemption Official Letter No. 542 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of equipment unmanned aircraft Official Letter No. 543 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of “DVD players for cars” Official Letter No. 544 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of portable tweeters Official Letter No. 552 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of crane / crane trucks Announcement No. 198-204 January 01, 1818 of Customs Sub-Department 3 on the analysis results attached with the goods code. 29-01-18 Notice No. 206-209 January 01, 1818 of Customs Sub-Department 3 on the analysis results attached with the goods code. Notice No. 75 and 86 of 01/2018 of the Customs Inspection Department on the analysis results enclosed with goods codes. Announcement No. 556 and 597-599 of 01/2018 of the General Department of Customs on the results of identification of the code. Official Dispatch No. 569 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on tax policy applicable to imported goods Official Dispatch No. 570 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on the determination of HS codes, the environmental protection tax policy for white oil Official Letter No. 567 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on the handling of tax debts Official Letter No. 562 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on Letter of Guarantee 31-01-18 Document No. 645 / TCHQ-TXNK dated 31/01/2018 of the General Department of Customs on VAT of water treatment substances Document No. 644 / TCHQ-TXNK dated 31/01/2018 of the General Department of Customs on the application of commodity policy and tax policy for fertilizers 01-02-18 Official Dispatch No. 673 / TCHQ-TXNK dated 01/02/2018 of the General Department of Customs on the handling of steel products 06-02-18 Official Letter No. 769 / TCHQ-TXNK dated 06/02/2018 of the General Department of Customs on the classification of mobile home goods Official Dispatch No. 727 / TCHQ-TXNK dated 06/02/2018 of the General Department of Customs announcing the announcement of a joint-stock commercial bank's cooperation agreement with the General Department of Customs 07-02-18 Official Dispatch No. 784 / TCHQ-TXNK dated 07/02/2018 of the General Department of Customs on the refund of the tax paid Official Dispatch No. 783 / TCHQ-TXNK dated 07/02/2018 of the General Department of Customs on extending VAT payment time Official Letter No.780 / TCHQ-TXNK dated 07/02/2018 of the General Department of Customs on determining the quantity and value of imported goods 09-02-18 Official Letter No. 900 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on classification and tax treatment of Collagen Gold Official Letter No. 918 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on the non-sampling classification analysis Official Letter No. 919 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on computer screen Official Letter No.920 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on import goods for petroleum activities 12-02-18 Official Dispatch No. 931 / TCHQ-TXNK dated 12/02/2018 of the General Department of Customs on the handling of the tax on goods Nk confiscated or destroyed 13-02-18 Official Letter No. 986 / TCHQ-TXNK dated 13/02/2018 of the General Department of Customs on the change of HS codes Baker McKenzie International Trade Compliance Update | March 2018 57 Date Reference and Matter Official Letter No. 987 / TCHQ-TXNK dated 13/02/2018 of the General Department of Customs on answering the petition 22-02-18 Official Dispatch No. 3391 / QƉ-DK dated 22/02/2018 of the Drug Administration of Vietnam (MoH) announcing the addition of the list of licensed medicinal materials does not require import license. the country has been granted circulation registration certificate Official Dispatch No. 3390 / QLD-ƉK dated 22/02/2018 of the Drug Administration of Vietnam (MoH) on the correct list of raw materials for drug production allowed to import does not require GPNK of the drug in the country has been issued serial number. sign Official Dispatch No. 3393 / QƉ-ƉK dated 22/02/2018 of the Drug Administration of Vietnam (MoH) announcing the list of raw materials for drug production must be licensed for import of domestically produced medicines. 23-02-18 Official Letter No. 3400 / QLD-ƉK dated 23/02/2018 of the Drug Administration of Vietnam (the Ministry of Health) on revising the list of raw materials for drug production must be licensed import of domestically produced drugs. SD 26-02-18 Official Letter No. 1060 / TCHQ-TXNK dated 26/02/2018 of the General Department of Customs on Agreement on Most Favored Nation Treatment in Trade Relations with Vietnam Decision No. 454 / QƉ-TCHQ dated 26/02/2018 of the General Department of Customs on the expansion of bonded warehouses 28-02-18 Official Letter No. 1073 / TCHQ-TXNK dated 28/02/2018 of the General Department of Customs on the expansion of state budget revenues through the ecustoms clearance portal nationwide. Europe, Middle East and North Africa European Union and EFTA EU extends sanctions against North Korea and Syria and recommends new measures targeting Myanmar/Burma, Cambodia and the Maldives On 26 February, the Council of the European Union (the “Council”) announced a number of new and anticipated sanctions measures targeting North Korea, Myanmar/Burma, Cambodia and the Maldives. North Korea The EU has extended its sanctions to fully transpose UN Security Council Resolution 2397 (2017), on which please see our previous blog post available here. The new EU measures include the following: • a reduction in the total amount of refined petroleum products that may be exported to North Korea from 2 million to 500,000 barrels per year; • a ban on imports of North Korean food and agricultural products, machinery, electrical equipment, earth and stone, and wood; • a ban on exports of industrial machinery, transportation vehicles, iron, steel and other metals to North Korea; • new restrictive measures concerning maritime vessels; and • a requirement to repatriate all North Korean workers within 24 months (subject to other applicable laws). The relevant EU legislation is anticipated to be published on 27 February. Baker McKenzie International Trade Compliance Update | March 2018 58 Syria The EU has designated two new ministers in the Syrian government, subjecting them to an asset freeze and travel ban. The new Designated Parties are the Ministers of Industry and Information, who were appointed to the Syrian government in January 2018. In total, the EU has designated 257 individuals and 67 entities in connection with the Syrian regime. Myanmar/Burma The Council has adopted conclusions in relation to the ongoing human rights situation in Myanmar/Burma, available here. In response to what it refers to as “the continued deterioration of the human rights and security situation”, the Council has recommended: • an extension of the current embargo on military items, items that may be used for internal repression, and associated services and financing; • a strengthening of the embargo (although the scope of such strengthening is not set out in the conclusions); and • targeted restrictive measures against senior members of the Myanmar/Burma military “responsible for serious and systematic human rights violations”. We will provide an update as and when new measures are implemented. Cambodia and the Maldives The Council has also adopted conclusions in relation to the human rights situations in both Cambodia and the Maldives. The conclusions in relation to Cambodia, available here, urge the Cambodian government to “cease using the judiciary as a political tool”, and note that the Council “may consider specific targeted measures if the situation does not improve”. As regards the Maldives, the conclusions (available here) call upon the Maldivian government “to immediately lift the State of Emergency, and restore all constitutionally guaranteed rights”. Again, the Council indicates that it may “consider targeted measures” if the situation does not improve. In each case, the Council does not provide detail as to the scope of the measures that it may consider. We will provide an update if and when the EU implements such measures. For additional information, please contact Ross Denton. EU codifies regulation imposing additional duties on certain US products as a result of the Byrd Amendment (CDSOA) On 16 February 2018, the Official Journal published Regulation (EU) 2018/196 of the European Parliament and of the Council of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America (codification). The Regulation codifies the EU rules regarding the imposition of additional duties against certain products originating in the United States Baker McKenzie International Trade Compliance Update | March 2018 59 as a result of the United States Continued Dumping and Subsidy Offset Act (CDSOA – also known as the ‘Byrd Amendment). The WTO had found the CDSOA incompatible with various US obligations under the WTO agreements and authorized several countries to suspend the application of their tariff concessions and related obligations under the GATT. Although the Byrd Amendment was amended and then repealed, certain entries were “grandfathered” and some payments are still made to affected domestic producers under the former statute. The WTO permitted the EU to impose additional duties equal to the level of nullification or impairment caused every year to the Community, which an Arbitrator found to be equal to 72 % of the amount of CDSOA disbursements relating to anti-dumping or countervailing duties paid on imports from the Community for the most recent year for which data were available at that time. Initially this amounted to a 15% ad valorem additional duty on specific products listed in Annex I. Currently it amounts to 4.3% ad valorem additional duty for a smaller number of products listed in Annex I (0710 40 00, ex 9003 19 00 ‘frames and mountings of base metal’, 8705 10 00 and 6204 62 31). The codification provides (among other points) that: 1. The Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the United States' Continued Dumping and Subsidy Offset Act (‘CDSOA’) to the Union at that time. The Commission shall amend the rate of the additional import duty or the list in Annex I under the following conditions: (a) the level of nullification or impairment shall be equal to 72 % of the amount of disbursements under the CDSOA relating to anti-dumping and countervailing duties paid on imports from the Union for the most recent year for which data are available at that time, as published by the United States' authorities; (b) the amendment shall be such that the effect of the additional import duty on imports of the selected products originating in the United States represents, over one year, a value of trade that does not exceed the level of nullification or impairment; (c) except in circumstances set out in point (e), when the level of suspension increases, the Commission shall add products to the list in Annex I; those products shall be selected from the list in Annex II following the order of that list; (d) except in circumstances set out in point (e), when the level of suspension decreases, products shall be withdrawn from the list in Annex I; the Commission shall remove, first, products that were in the list in Annex II on 1 May 2005 and were added to the list in Annex I at a later stage; the Commission shall then remove products that were in the list in Annex I on 1 May 2005 following the order of that list; (e) the Commission shall amend the rate of the additional import duty when the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I. 2. When products are added to the list in Annex I, the Commission shall, at the same time, amend the list in Annex II by removing those products from that list. The order of the products remaining in the list in Annex II shall not be modified. The former regulation (EC) No. 673/2005, and its amendments are repealed. The annexes to the codification include a list of repealed amendments and a correlation table comparing the codification provisions to the earlier (repealed) regulation. Baker McKenzie International Trade Compliance Update | March 2018 60 Commission revises GSP lists of eligible products On 15 February 2018, the Official Journal published Commission Delegated Regulation (EU) 2018/216 of 14 December 2017 amending Annexes V and IX to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences. Products to which tariff preferences are to be applied under the general arrangement of the Generalised Scheme of Preferences referred to in Article 1(2)(a) of Regulation (EU) No 978/2012 are listed in Annex V. Products to which tariff preferences are to be applied under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2)(b) of Regulation (EU) No 978/2012 are listed in Annex IX. In order to incorporate changes made necessary by amendments to the Combined Nomenclature (CN), which entered into force on 1 January 2017, and ensure consistency with the CN product list, Annexes V and IX to Regulation (EU) No 978/2012 are replaced by this regulation. Council issues annual report on exports of military technology and equipment On 14 February 2018, the Official Journal published the Nineteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment. The 559 page report covers statistics on licences and exports of conventional arms from EU Member States during the 2016 calendar year. It also covers activities undertaken by the EU and its Member States in the framework of the implementation of Council Common Position 2008/944/CFSP throughout 2016 and 2017, in addition to those activities mentioned in the eighteenth annual report. In addition, the report contains non-exhaustive information on intra-EU transfers of defence-related products that are governed by Directive 2009/43/EC of the European Parliament and of the Council on simplifying terms and conditions of transfers of defence-related products within the Community. During 2016 and 2017, the EU and its Member States continued to implement Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment, which replaced in 2008 the EU Code of Conduct on arms exports in force since June 1998. The following third countries have officially aligned themselves with the criteria and principles of Common Position 2008/944/CFSP: Albania, Bosnia and Herzegovina, Canada, the former Yugoslav Republic of Macedonia, Georgia, Iceland, Montenegro and Norway. A specific information exchange system between the EU and third countries aligned with the Common Position has been in place since 2012. The promotion of effective national arms export controls and the principles and criteria of Common Position 2008/944/CFSP in selected third countries was pursued in the period covered by this report with the adoption of Council Decision (CFSP) 2015/2309, which secured the follow up to Council Decision 2012/711/CFSP . EU outreach efforts also significantly increased on universalisation and implementation of the ATT, with a large number of activities carried out during the same period under Council Decision 2013/768/CFSP, and subsequently under the follow-on Council Decision (CFSP) 2017/915. Commission posts notice on Brexit implications for UK and EU food law On 1 February 2018, the European commission posted a “Notice to Stakeholders - Withdrawal of the United Kingdom and EU Food Law“. As in the case of the 25 January Notice to stakeholders - withdrawal of the United Kingdom and EU rules in the field of import/export licences for certain goods, the notice points out that Baker McKenzie International Trade Compliance Update | March 2018 61 unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) ('the withdrawal date'). The United Kingdom will then become a 'third country'. The notice states: Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, EU food law no longer applies to the United Kingdom. The legal consequences presented below stem from EU food law with regard to food placed on the EU-27 market as from the withdrawal date and coming from a third country (i.e. imported). This notice is also relevant for food coming from the Channel Islands and Isle of Man. 1. FOOD LABELLING AND FOOD INFORMATION, HEALTH AND IDENTIFICATION MARKS EU food law harmonises the labelling of food placed on the EU market. The applicable rules are in particular contained in the following pieces of EU legislation [please see original notice for omitted citations shown as … and footnotes]: • … the provision of food information to consumers; • … nutrition and health claims made on foods; • … food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control; • … genetically modified food and feed, as well as … concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms …; • … establishing a common organisation of the markets in agricultural products; • EU legislation on the definition, description, presentation and labelling of spirit drinks, and on honey; • … organic production and labelling of organic products. The EU food labelling rules apply to all food placed on the EU market, independently of the place of production of the food. In some instances, EU food law may require some changes of the labelling of food placed on the EU market due to the fact that the United Kingdom will be a third country as of the withdrawal date. Examples include the following: • Mandatory presentation of the origin of a food product, where the presentation refers to EU or non-EU; • Mandatory labelling of the name or business name and address of the EU-27 importer of food from the United Kingdom; • Mandatory health or identification marks according to Article 5 of Regulation (EC) No 853/2004. As of the withdrawal date the health mark or the identification mark shall no longer include the “EC” abbreviation, which is reserved for establishments located in the EU, but shall only include the name of the country (in full or with the ISO two-letter code) where the establishment is located. Food business operators are advised to assess the need for possible changes to the labelling of food placed on the EU-27 market as of the withdrawal date. 2. FOOD INGREDIENTS, FOOD COMPOSITION, CONTAMINANTS AND RESIDUE LIMITS; FOOD CONTACT MATERIAL According to substantive EU food law, certain food must not be placed on the market unless it has been approved by the Commission (for example for food additives, food flavourings, smoke flavourings, vitamins and minerals used in food, including in food supplements and any novel food) or an individual applicant has obtained an authorisation by the Commission (for example for genetically modified food). Certain food is subject to specific composition requirements and EU food law sets limits for contaminants, and maximum residue levels of active substances. Baker McKenzie International Trade Compliance Update | March 2018 62 Food contact materials placed on the EU market are subject to EU rules, and certain food contact materials are subject to additional specific measures. EU law on food ingredients and food composition, as well as EU law setting limits for contaminants and residues in food, applies to all food placed on the EU market, independently of the place of production of the food. The same applies for food contact material. 3. REQUIREMENTS FOR FOOD BUSINESS OPERATORS AND AUTHORISATION HOLDERS, OR THEIR REPRESENTATIVES, TO BE ESTABLISHED IN THE EU; SUBMISSION OF EU AUTHORISATION REQUESTS THROUGH AN EU MEMBER STATE According to EU food law, in some instances the food business operators, authorisation holders, or their representatives have to be established in the EU. For example, According to Article 4(6) of Regulation (EC) No 1829/2003 on genetically modified food and feed, the applicant for an EU authorisation or his representative shall be established in the EU. As of the withdrawal date, establishment in the United Kingdom no longer complies with this requirement. According to EU food law, in some instances EU authorisations require the submission of an authorisation dossier through the competent authority of an EU Member State. Examples include the following: • … on food contact materials requires applications for authorisations of substances to be made via a competent authority of a EU Member State. • … on genetically modified food and feed requires applications for authorisation to be sent to the European Food Safety Authority (EFSA) through the competent authority of a Member State. As of the withdrawal date, applications through the competent authority of the United Kingdom are no longer possible. 4. FOOD PRODUCTION RULES/FOOD HYGIENE RULES, FOOD IRRADIATION, ORGANIC PRODUCTION EU food law sets rules for the production of food in the EU and in third countries, if this food is placed on the EU market. EU food law also provides for specific controls upon entry of food into the EU. 4.1. Food of animal origin As of the withdrawal date, the importation of food of animal origin from the United Kingdom into the EU-27 is prohibited, unless certain requirements are met, including: • The United Kingdom is “listed” by the Commission for public and animal health purposes. For the “listing” of a third country, … apply. • The establishment in the United Kingdom from which the food is dispatched, and obtained or prepared in, is “listed” by the Commission for public health purposes. For the “listing” of establishments, … apply. • The United Kingdom is “listed” by the Commission as having a residue control plan approved in accordance with Directive 96/23/EC for the animals and animal products specified therein. For the “listing” of a third country, … applies. • The imported food satisfies all food hygiene requirements set out in …. The possibility for national measures to achieve EU food hygiene standards (“flexibility provisions”) … no longer applies to the United Kingdom. Food business operators importing products of animal origin shall ensure that import takes place only if the above mentioned conditions are respected. As of the withdrawal date, these substantial requirements are controlled upon entry into the EU-27 by applying mandatory border checks at the first point of entry into the Union territory: • This food can only enter the EU-27 through approved “border inspection posts”; • Each consignment undergoes documentary and identity checks, as well as at an appropriate frequency physical checks; Baker McKenzie International Trade Compliance Update | March 2018 63 • Each consignment has to be accompanied by a certificate in compliance with EU food legislation. 4.2. Food of non-animal origin Unlike for food of animal origin, the importation of food of non-animal origin is not subject to listing requirements of third countries and establishments. The EU Member States shall carry out regular official controls on imported food of non-animal origin. Those controls are organised on the basis of the multi-annual national control plan and in the light of potential risks. The controls shall cover all aspects of the food legislation. In cases of known or emerging risk, EU rules providing an increased level of official controls at designated points of entry into the Union may apply. In addition, in order to ensure phytosanitary protection of the EU-27 Member States, the following phytosanitary EU rules apply: • The import of tubers of species of Solanum L. (ware potatoes), and their hybrids is prohibited. For exceptions, Point 12 of Part A of Annex III to Council Directive 2000/29/EC applies. • The import of certain fruits and vegetables is subject to specific requirements; • The import of food listed in Annex V to Directive 2000/29/EC (some of them subject to the import requirements mentioned in the previous point) requires a phytosanitary certificate. These foods are subject to 100% documentary controls at the point of entry. They are also subject to identity and physical controls, though at specified minimum frequencies depending on the risk that they present. 4.3. Irradiated food Food treated with ionising radiation is regulated by EU law. As of the withdrawal date, the import of irradiated food from the United Kingdom into the EU-27 is prohibited, unless the irradiation facilities in the United Kingdom are “listed” by the Commission. For the “listing” of a third country, Article 9(2) of Directive 1999/2/EC applies. 4.4. Recycled plastic materials and articles intended to come into contact with food According to EU law, authorisation holders shall notify to the Commission manufacturing or recycling sites in third countries in which the authorised recycling process of plastic materials and articles takes place. 5. CERTIFICATES FOR ORGANIC PRODUCTION According to Regulation (EC) No 834/200754, only products satisfying the requirements of that Regulation can bear terms referring to the organic production method (e.g. organic, bio, eco, etc.) or the EU organic logo. According to …, the control authorities and bodies of the EU Member States are responsible for issuing documentary evidence (certificates) to the operators necessary for placing such products on the EU market. For products placed on the EU-27 market as of the withdrawal date, the certificates issued by control authorities and bodies in the United Kingdom are no longer valid. The import of organic products from the United Kingdom will be subject to the rules laid down in Title VI of Regulation (EC) No 834/2007. This requires, in particular, that the United Kingdom is “listed” in accordance with …, or that a certificate has been issued by a body referred to in Article 33(3) of Regulation (EC) No 834/2007. The websites of the Commission on food imports and organic farming provide for general information concerning EU food legislation for imported food and organic farming. The notice says those pages will be updated with further information, where necessary. Commission repeals Regulation classifying colostrum powders On 10 February 2018, the Official Journal published Commission Implementing Regulation (EU) 2018/198 of 7 February 2018 repealing Implementing Regula- Baker McKenzie International Trade Compliance Update | March 2018 64 tion (EU) No 716/2012 concerning the classification of certain goods in the Combined Nomenclature. In Implementing Regulation (EU) No 716/2012, the Commission classified two kinds of encapsulated colostrum powders under heading 1901 of the Combined Nomenclature as ‘food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included’. Classification of the products under heading 2106 of the Combined Nomenclature was excluded as the Commission took the view that the wording of heading 1901 described the products at issue more specifically than the wording of heading 2106. By Implementing Regulation (EU) 2017/1343, the Commission introduced a new additional note 4 to Chapter 19 of the Combined Nomenclature to ensure that the classification of certain edible food preparations complies with the case law of the Court of Justice of the European Union. In accordance with the new additional note 4 to Chapter 19 of the Combined Nomenclature, the encapsulated colostrum powders concerned by Implementing Regulation (EC) No 716/2012 are to be classified under heading 2106. Accordingly, Implementing Regulation (EU) No 716/2012 is repealed. CN codes for textile products updated On 6 February 2018, the Official Journal published Commission Delegated Regulation (EU) 2018/173 of 29 November 2017 amending Regulation (EU) 2015/936 of the European Parliament and of the Council as regards updating the Combined Nomenclature codes listed in Annex I to that Regulation (the “Delegated Regulation”). The Delegated Regulation amended Annex I to Regulation (EU) 2015/936 of 9 June 2015 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules in order to align the Delegated Regulation with Implementing Regulation (EU) 2016/1821 of 6 October 2016, which modified the nomenclature of some products covered by Annex I with changes adopted by the World Customs Organisation with regard to the Harmonised System nomenclature. Commission issues tariff classification regulations See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update. Amendments to the CN Explanatory Notes See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update. Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export. Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for Baker McKenzie International Trade Compliance Update | March 2018 65 data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database. Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union: OJ Date Subject 01-02-18 Commission Implementing Regulation (EU) 2018/155 of 31 January 2018 amending Implementing Regulation (EU) No 686/2012 allocating to Member States, for the purposes of the renewal procedure, the evaluation of active substances Council Decision (EU) 2018/156 of 22 January 2018 on the position to be taken on behalf of the European Union within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards supplementing Annex I-A to Chapter 1 of Title IV of that Agreement, and within the Association Committee in Trade configuration, as regards recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to Chapter 1 of Title IV of that Agreement 03-02-18 Commission Implementing Decision (EU) 2018/169 of 1 February 2018 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2018) 550) 06-02-18 Commission Delegated Regulation (EU) 2018/172 of 28 November 2017 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals Commission Delegated Regulation (EU) 2018/173 of 29 November 2017 amending Regulation (EU) 2015/936 of the European Parliament and of the Council as regards updating the Combined Nomenclature codes listed in Annex I to that Regulation Commission Regulation (EU) 2018/175 of 2 February 2018 amending Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 43/02] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 43/03] 08-02-18 Commission Implementing Regulation (EU) 2018/183 of 7 February 2018 concerning the denial of authorisation of formaldehyde as a feed additive belonging to the functional groups of preservatives and hygiene condition enhancers Commission Implementing Regulation (EU) 2018/184 of 7 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances FEN 560 (also called fenugreek or fenugreek seed powder) and sulfuryl fluoride Commission Implementing Regulation (EU) 2018/185 of 7 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions Baker McKenzie International Trade Compliance Update | March 2018 66 OJ Date Subject of approval of the active substance penflufen Regulation No 94 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision [2018/178] 09-02-18 Commission Regulation (EU) 2018/192 of 8 February 2018 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the EU reference laboratories in the field of contaminants in feed and food Commission Implementing Decision (EU) 2018/193 of 7 February 2018 authorising laboratories in Brazil and the Russian Federation to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets (notified under document C(2018) 593) Commission Delegated Regulation (EU) 2018/179 of 25 September 2017 amending Regulation (EU) No 1233/2011 of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits Commission communication in the framework of the implementation of Directive 2014/68/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 49/01] Commission communication in the framework of the implementation of Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 49/02] Commission communication in the framework of the implementation of Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity and Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 49/03] Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011) [2018/C 49/04] 10-02-18 Notice concerning the provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part Commission Implementing Regulation (EU) 2018/198 of 7 February 2018 repealing Implementing Regulation (EU) No 716/2012 concerning the classification of certain goods in the Combined Nomenclature [See article above] Commission Regulation (EU) 2018/199 of 9 February 2018 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health Decision No 1/2017 of the EU-Ukraine Sanitary and Phytosanitary Management Sub-Committee of 16 May 2017 adopting its Rules of Procedure [2018/204] Decision No 1/2017 of the EU-Ukraine Sub-Committee on Geographical indications of 18 May 2017 adopting its Rules of Procedure [2018/205] Decision No 1/2017 of the EU-Ukraine Customs Sub-Committee of 15 June 2017 adopting its Rules of Procedure [2018/206] Corrigendum to Commission Implementing Decision (EU) 2018/133 of 24 January 2018 amending Decision 2008/911/EC establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products ( OJ L 22, 26.1.2018 ) 13-02-18 Commission Delegated Regulation (EU) 2018/181 of 18 October 2017 amending Annex IIIb to Council Regulation (EC) No 1236/2005 concerning trade in Baker McKenzie International Trade Compliance Update | March 2018 67 OJ Date Subject certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment 14-02-18 Commission Regulation (EU) 2018/213 of 12 February 2018 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials Nineteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment [2018/C 56/01] 15-02-18 Commission Delegated Regulation (EU) 2018/216 of 14 December 2017 amending Annexes V and IX to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences Commission Directive (EU) 2018/217 of 31 January 2018 amending Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods by adapting Section I.1 of its Annex I to scientific and technical progress Commission Implementing Decision (EU) 2018/218 of 13 February 2018 amending Annex II to Decision 92/260/EEC as regards temporary admission of registered horses from certain parts of China, amending Decision 93/195/EEC as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to China, Mexico and the United States of America, and amending Annex I to Decision 2004/211/EC as regards the entries for China, Mexico and Turkey in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (notified under document C(2018) 713) Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 57/05] Notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2019 and undertakings intending to produce or import these substances for essential laboratory and analytical uses in 2019 [2018/C 57/08] 16-02-18 Council Decision (EU) 2018/219 of 23 January 2018 on the conclusion of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems Regulation (EU) 2018/196 of the European Parliament and of the Council of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 60/10] 17-02-18 Commission Implementing Decision (EU) 2018/232 of 15 February 2018 concerning the extension of the action taken by Belgium on the making available on the market and use of the biocidal products VectoMax G and Aqua-K-Othrine in accordance with Article 55(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2018) 759) 20-02-18 Council Decision (EU) 2018/253 of 15 February 2018 on the position to be taken on behalf of the European Union within the Joint Committee established by the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part, as regards the adoption of decisions on the rules of procedure of the Joint Committee and the adoption of the terms of reference of the subcommittees and working groups Baker McKenzie International Trade Compliance Update | March 2018 68 OJ Date Subject 21-02-18 Council Decision (EU) 2018/254 of 15 February 2018 on the conclusion on behalf of the European Union of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled • Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled 22-02-18 Commission Implementing Regulation (EU) 2018/258 of 21 February 2018 amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification Commission Implementing Regulation (EU) 2018/259 of 21 February 2018 amending Implementing Regulation (EU) No 427/2014 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification Commission Implementing Decision (EU) 2018/263 of 20 February 2018 amending Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2018) 889) Commission Delegated Regulation (EU) 2018/236 of 20 December 2017 correcting the Estonian language version of Delegated Regulation (EU) 2017/654 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery List of customs offices empowered to handle formalities for the exportation of cultural goods, published in accordance with Article 5(2) of Council Regulation (EC) No 116/2009 [2018/C 67/08] 23-02-18 Council Regulation (EU) 2018/264 of 19 February 2018 fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and fixing the production levies in the sugar sector for the 2000/2001 marketing year Regulation No 107 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction [2018/237] Commission Implementing Regulation (EU) 2018/238 of 15 February 2018 concerning the authorisation of disodium 5′-ribonucleotides, disodium 5′-guanylate and disodium 5′-inosinate as feed additives for all animal species Commission Implementing Regulation (EU) 2018/239 of 15 February 2018 concerning the authorisation of methyl N-methylanthranilate and methylanthranilate as feed additives for all animal species except avian species Commission Implementing Regulation (EU) 2018/240 of 15 February 2018 concerning the authorisation of trimethylamine, trimethylamine hydrochloride, 3- methylbutylamine for all animal species except laying hens and 2-methoxyethyl benzene, 1,3-dimethoxy-benzene, 1,4-dimethoxy-benzene, 1-isopropyl-2- methoxy-4-methylbenzene as feed additives for all animal species Commission Implementing Regulation (EU) 2018/241 of 15 February 2018 concerning the authorisation of piperine, 3-methylindole, indole, 2-acetylpyrrole and pyrrolidine as feed additives for all animal species Commission Implementing Regulation (EU) 2018/242 of 15 February 2018 concerning the authorisation of hex-3(cis)-en-1-ol, non-6-en-1-ol, oct-3-en-1-ol, non6(cis)-enal, hex-3(cis)-enal, hept-4-enal, hex-3(cis)-enyl acetate, hex-3(cis)-enyl formate, hex-3-enyl butyrate, hex-3-enyl hexanoate, hex-3(cis)-enyl isobutyrate, citronellol, (-)-3,7-dimethyl-6-octen-1-ol, citronellal, 2,6-dimethylhept-5-enal, citronellic acid, citronellyl acetate, citronellyl butyrate, citronellyl formate, citronellyl propionate, 1-ethoxy-1-(3-hexenyloxy)ethane and hex-3-enyl isovalerate as feed additives for all animal species Commission Implementing Regulation (EU) 2018/243 of 15 February 2018 concerning the authorisation of 3-hydroxybutan-2-one, pentan-2,3-dione, 3,5- dimethyl cyclopentan-1,2-dione, hexan-3,4-dione, sec-butan-3-onyl acetate, 2,6,6-trimethylcyclohex-2-en-1,4-dione and 3-methylnona-2-,4-dione as feed additives for all animal species Baker McKenzie International Trade Compliance Update | March 2018 69 OJ Date Subject Commission Implementing Regulation (EU) 2018/244 of 15 February 2018 concerning the authorisation of vanillyl acetone and 4-(4-methoxyphenyl) butan-2- one as feed additives for all animal species and the denial of 1-phenylethan-1- ol Commission Implementing Regulation (EU) 2018/245 of 15 February 2018 concerning the authorisation of menthol, d-carvone, menthyl acetate, d,lisomenthone, 3-methyl-2-(pent-2(cis)-enyl)cyclopent-2-en-1-one, 3,5,5- trimethylcyclohex-2-en-1-one, d-fenchone, fenchyl alcohol, carvyl acetate, dihydrocarvyl acetate and fenchyl acetate as feed additives for all animal species Commission Implementing Regulation (EU) 2018/246 of 15 February 2018 concerning the authorisation of linalool oxide as a feed additive for all animal species except fish Commission Implementing Regulation (EU) 2018/247 of 15 February 2018 concerning the authorisation of 2,4,5-trimethylthiazole, 2-isobutylthiazole, 5-(2- hydroxyethyl)-4-methylthiazole, 2-acetylthiazole, 2-ethyl-4- methylthiazole, 5,6- dihydro-2,4,6,tris(2-methylpropyl)4H-1,3,5-dithiazine and thiamine hydrochloride as feed additives for all animal species Commission Implementing Regulation (EU) 2018/248 of 15 February 2018 concerning the authorisation of 2,3-diethylpyrazine, 2,5 or 6-methoxy-3- methylpyrazine, 2-acetyl-3-ethylpyrazine, 2,3-diethyl-5-methylpyrazine, 2-(secbutyl)-3-methoxypyrazine, 2-ethyl-3-methoxypyrazine, 5,6,7,8- tetrahydroquinoxaline, 2-ethylpyrazine and 5-methylquinoxaline as feed additives for all animal species Commission Implementing Regulation (EU) 2018/249 of 15 February 2018 concerning the authorisation of taurine, beta-alanine, L-alanine, L-arginine, Laspartic acid, L-histidine, D,L-isoleucine, L-leucine, L-phenylalanine, L-proline, D,L-serine, L-tyrosine, L-methionine, L-valine, L-cysteine, glycine, monosodium glutamate and L-glutamic acid as feed additives for all animal species and Lcysteine hydrochloride monohydrate for all species except cats and dogs Commission Implementing Regulation (EU) 2018/250 of 15 February 2018 concerning the authorisation of methyl 2-furoate, bis-(2-methyl-3-furyl) disulfide, furfural, furfuryl alcohol, 2-furanmethanethiol, S-furfuryl acetothioate, difurfuryl disulfide, methyl furfuryl sulfide, 2-methylfuran-3-thiol, methyl furfuryl disulfide, methyl 2-methyl-3-furyl disulfide and furfuryl acetate as feed additives for all animal species Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2018 to 31 January 2018(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2018/C 70/01] 24-02-18 List of authorities empowered to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EC) No 116/2009 [2018/C 71/05] 27-02-18 Commission Regulation (EU) 2018/290 of 26 February 2018 amending Regulation (EC) No 1881/2006 as regards maximum levels of glycidyl fatty acid esters in vegetable oils and fats, infant formula, follow-on formula and foods for special medical purposes intended for infants and young children Commission Implementing Regulation (EU) 2018/291 of 26 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenthrin Council Decision (CFSP) 2018/294 of 26 February 2018 amending Decision (CFSP) 2015/259 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 73/07] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Baker McKenzie International Trade Compliance Update | March 2018 70 OJ Date Subject Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 73/08] 28-02-18 Commission Delegated Regulation (EU) 2018/295 of 15 December 2017 amending Delegated Regulation (EU) No 44/2014, as regards vehicle construction and general requirements, and Delegated Regulation (EU) No 134/2014, as regards environmental and propulsion unit performance requirements for the approval of two- or three-wheel vehicles and quadricycles Commission Implementing Regulation (EU) 2018/296 of 27 February 2018 concerning the non-approval of the active substance Reynoutria sachalinensis extract, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market Corrigendum to Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 ( OJ L 175, 7.7.2017 ) Restrictive measures established, amended, corrected During the past month, the following restrictive measures were established, amended or corrected: OJ Date Restrictive Measure 03-02-18 Council Implementing Regulation (EU) 2018/164 of 2 February 2018 implementing Article 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan Council Implementing Decision (CFSP) 2018/168 of 2 February 2018 implementing Decision (CFSP) 2015/740 concerning restrictive measures in view of the situation in South Sudan Commission Implementing Regulation (EU) 2018/166 of 2 February 2018 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya Council Implementing Decision (CFSP) 2018/167 of 2 February 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya 09-02-18 Corrigendum to Council Implementing Regulation (EU) 2018/12 of 8 January 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 4, 9.1.2018 ) Corrigendum to Council Implementing Decision (CFSP) 2018/16 of 8 January 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 4, 9.1.2018 ) 10-02-18 Council Implementing Regulation (EU) 2018/197 of 9 February 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo Council Implementing Decision (CFSP) 2018/203 of 9 February 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya Commission Implementing Regulation (EU) 2018/200 of 9 February 2018 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya Council Implementing Decision (CFSP) 2018/202 of 9 February 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Dem- Baker McKenzie International Trade Compliance Update | March 2018 71 OJ Date Restrictive Measure ocratic Republic of the Congo 16-02-18 Council Decision (CFSP) 2018/224 of 15 February 2018 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe Council Implementing Decision (CFSP) 2018/227 of 15 February 2018 implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe Commission Implementing Regulation (EU) 2018/223 of 15 February 2018 amending Council Regulation (EC) No 314/2004 concerning restrictive measures in respect of Zimbabwe 21-02-18 Commission Implementing Regulation (EU) 2018/256 of 20 February 2018 amending for the 281st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations Corrigendum to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP ( OJ L 141, 28.5.2016 ) 24-02-18 Council Regulation (EU) 2018/275 of 23 February 2018 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus Council Decision (CFSP) 2018/280 of 23 February 2018 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus 26-02-18 Council Decision (CFSP) 2018/283 of 26 February 2018 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and AlQaeda and persons, groups, undertakings and entities associated with them Council Implementing Regulation (EU) 2018/281 of 26 February 2018 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 with them Council Implementing Decision (CFSP) 2018/284 of 26 February 2018 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria Council Implementing Regulation (EU) 2018/282 of 26 February 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria 27-02-18 Council Regulation (EU) 2018/285 of 26 February 2018 amending Council Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea Council Implementing Regulation (EU) 2018/286 of 26 February 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Individual Countries FRANCE Official Gazette (Journal officiel) Date Measure 01-02-18 Law № 2018-53 of 31 January 2018 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Principality of Andorra on cross-border cooperation in police and customs matters 10-02-18 Order of 7 February 2018 concerning the modalities for requesting authorizations for cross-border flows of arms and ammunition Baker McKenzie International Trade Compliance Update | March 2018 72 Date Measure 20-02-18 Order of 15 February 2018 amending the list of customs offices and indirect rights 22-02-18 Order of 14 February 2018 on the prevention of the introduction and spread of invasive alien plant species on the metropolitan territory Order of 14 February 2018 on the prevention of the introduction and spread of invasive alien animal species in metropolitan France 24-02-18 Notice to importers and exporters of explosive products Notices to importers The following notices were posted by the French Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) : Release Date Ref. No. and Subject 02-02-18 2018/07 - Notice to importers of certain cast iron articles originating in the People's Republic of China 05-02-18 2018/08 - Notice to Importers of Certain New or Retreaded Tires for Buses or Trucks from the People's Republic of China 12-02-18 2018/09 - Notice to Importers of Certain Corrosion Resistant Steels Originating in the People's Republic of China 14-02-18 2018/10-Notice to Importers of Crystalline Silicon Photovoltaic Modules and their Essential Components (Cells), from the People's Republic of China 16-02-18 2018/11- Notice to importers and exporters regarding the provisional application of the EU-State SADC EPA Agreement between the EU and Mozambique 21-02-18 2018/12-Notice to Importers of Bioethanol from the United States of America 22-02-18 2018/13-Notice to importers of hand pallet trucks, shipped from Vietnam 24-02-18 Notice to Importers and Exporters of Explosive Products NOR: CPAD1804625V GERMANY Foreign Trade The Federal Office for Economic Affairs and Export Control has posted the following documents of interest to international traders. Date Measure 08-01-18 Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA) • Iraq • Libya • North Korea • Russia • Sudan • Ukraine • Venezuela • Terrorism • Update of Annexes to the EC Dual-Use Regulation • New General Licence No. 30 • Amendment of General Licence No. 16 05-02-18 Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA) • North Korea • Guinea-Bissau • Somalia • Al Qaida and ISIL Baker McKenzie International Trade Compliance Update | March 2018 73 Date Measure • Correction of Annex I to EC Dual-use regulation • Eleventh Ordinance amending the Foreign Trade and Payments Ordinance of 13 December 2017 UNITED KINGDOM UK adopts Export Control (North Korea Sanctions) Order 2018 On 21 February 2018, www.legislation.gov.uk posted SI 2018/200 - The Export Control (North Korea Sanctions) Order 2018. The Order makes provision in connection with the trade restrictions against North Korea specified in Council Regulation (EU) No 2017/1509 of 30 August 2017, as last amended by Council Implementing Regulation (EU) No 2018/87 of 22 January 2018 (OJ No. LI 16I, 22.01.2018, p.1) (“the North Korea Regulation”). The Order revokes articles 4 to 16 of the Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017 (S.I. 2017/83). The Explanatory Note to the Order states: Article 4 provides for the granting of licences for the purposes of the provisions of the North Korea Regulation which allow a competent authority to authorise trade related activities which would otherwise be prohibited. The competent authority for these purposes is the Secretary of State. A licence granted by the Secretary of State may be varied, suspended or revoked. Article 4(7) makes it an offence to knowingly or recklessly provide false information for the purpose of obtaining a licence. Article 4(9) makes it an offence to fail to comply with any condition attached to a licence. Articles 5 to 19 create offences for contravention of relevant trade restrictions in the North Korea Regulation. “Relevant trade restrictions” do not include restrictions on the export or import of goods. Offences for contravention or circumvention of restrictions on the export or import of goods are to be found in the Customs and Excise Management Act 1979. Article 20 creates an offence of circumventing any relevant trade restriction in the North Korea Regulation. Article 21 makes provision for a defence for a person charged with certain offences under the Order. Article 22 sets out the penalties relating to the offences under this Order. Article 23 makes modifications to the penalties that will apply where a person is guilty of an offence under the 1979 Act in connection with the exportation or importation of goods which is prohibited by the North Korea Regulation. Article 24 applies (with modifications) sections 77A, 138, 145, 146, 146A, 147, 148, 150, 151, 152, 154 and 155 of the Customs and Excise Management Act 1979 for the purposes of the Order. These sections, as applied, make provision in connection with the investigation of and proceedings for offences under this Order. UK adopts amendments to the Export Control Order On 12 February 2018, legislation.gov.uk posted SI 2018/165 - The Export Control (Amendment) Order 2018, which amends Schedule 2 to the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”), which schedule lists military goods, software and technology subject to export controls (“the UK list”). The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. This regime is given effect to in the European Union through the Common Military List (“the CML”). The amendments to Schedule 2 to the 2008 Order are being made to implement Commission Directive (EU) 2017/2054 of 8 November 2017 amending Directive Baker McKenzie International Trade Compliance Update | March 2018 74 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products (“the amending Directive”). Directive 2009/43/EC which simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the annex to that Directive, contains an annex which corresponds to the CML. The CML was updated in 2017 and the amending Directive makes the necessary changes to the annex to Directive 2009/43/EC to bring it into line with the latest CML adopted by the Council of the European Union on 6 March 2017. This Order also amends article 2 to the 2008 Order to remove a definition no longer needed as a result of changes made to the 2008 Order by the Export Control (Amendment) Order 2017 (S.I. 2017/85). House of Lords issues report on Brexit: competition and State aid On 2 February 2018, the House of Lords, European Union Committee, released a report entitled, Brexit: competition and State aid. The Summary states: Since the UK joined the European Economic Community (now the European Union) in 1973, the UK and the EU institutions have shared responsibility for competition matters—encompassing anticompetitive conduct or agreements (antitrust), merger control, and State aid. Withdrawal from the EU is therefore likely to have a significant impact on the UK’s domestic competition regime. While Brexit gives rise to some immediate legal and regulatory issues which will need to be addressed, the most significant implications of Brexit in this field relate to transitional arrangements, future UK policy, and determining the UK’s institutional framework for competition matters. It remains unclear whether the two-year transition, or ‘implementation’, period sought by the Government would represent a period of phased change to the terms of the future UK-EU trade relationship, or a ‘standstill period’ where the current EU competition regime would remain in force. Nevertheless, at some point, a transition will take place from the status quo to the assumption of full competence with regard to competition matters by UK courts and authorities. Transitional arrangements will be necessary to clarify jurisdiction in relation to cases and administrative procedures which are ‘live’ at this point, as well as future cases relating to conduct which occurred while the UK was still part of the EU competition regime. We support the Government’s ambition to reach at least an outline agreement on a transition period with the EU in the first quarter of 2018. This agreement should ensure continuity with current arrangements, so businesses are not faced with the complexity and cost of having to adapt to the implications of Brexit twice. In terms of future policy, the UK has played a significant role in pushing forward an alignment in the broad principles underpinning European, and global, competition policy. We see no reason to depart from these shared fundamental principles after Brexit. The UK may wish, over time, to depart from EU competition case law, particularly as the Single Market imperative underpinning it may no longer be relevant to the UK. Brexit also offers an opportunity to diverge from the EU in terms of enforcement decisions on some antitrust cases and merger reviews. With the repatriation of responsibility in this area, the UK will be free to take a more innovative and responsive approach to tackling global competition enforcement challenges, including fast-moving digital markets and dominant online platforms. As an EU Member State, the UK is also a member of the European Competition Network—a forum which enables extensive cooperation between the national competition authorities of Member States, and the European Commission, on investigations and enforcement actions. Continuing this cooperation will be mutually beneficial to the UK and the EU, and we recommend that a comprehensive competition cooperation agreement is negotiated to facilitate this post-Brexit. It will also be important for the UK to re-establish cooperation arrangements with other countries currently covered by existing EU bilateral competition agreements. Baker McKenzie International Trade Compliance Update | March 2018 75 The UK will have significant decisions to make with regard to future State aid policy, as the EU’s extensive competence in this area leaves a limited national framework to fall back on. It is likely that the EU will insist on some form of State aid controls in any UK-EU Free Trade Agreement (FTA). If this is not case, the World Trade Organization’s (WTO) Agreement on Subsidies and Countervailing Measures (ASCM) would not represent an adequate alternative. The ASCM has no domestic application and therefore would not regulate State aid within the UK, creating the risk of intra-UK subsidy races. The Minister confirmed that the Government had not yet arrived at a settled State aid policy, although it was mindful of the need to have one before ‘day one’ of Brexit. As introduced, the EU (Withdrawal) Bill would preserve a general prohibition on State aid without specifying what body would assume the Commission’s current role of reviewing and approving compatible measures. We urge the Government to address this omission as soon as possible and clarify whether State aid responsibilities will be assumed by an existing, or new, authority. It will be important for the Government to involve, and secure the support of, the devolved administrations in determining the shape of this future State aid regime, and the UK’s wider post-Brexit institutional framework for competition matters. In developing this framework, the UK will have the opportunity to address criticisms of complexity and bureaucracy facing the current EU competition regime, and to create a system more focused on domestic needs and priorities. To inform its policy in this regard, the Government should launch a consultative process, involving the devolved administrations, local authorities, and other stakeholders such as businesses and consumer groups. We hope this report will be a useful contribution to that endeavour. Legislation (legislation.gov.uk) Date Measure 01-02-18 SI 2018/102 - The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018 08-02-18 SI 2018/154 - The Novel Foods (England) Regulations 2018 12-02-18 SI 2018/165 - The Export Control (Amendment) Order 2018 15-02-18 SI 2018/187 - The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 27-02-18 SI 2018/264 - The Soft Drinks Industry Levy (Enforcement) Regulations 2018 28-02-18 SI 2018/236 - The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 SI 2018/235 - The Motorcycles (Type-Approval) Regulations 2018 Date Restrictive Measure 15-02-18 SI 2018/179 - The Venezuela (Sanctions) (Overseas Territories) Order 2018 21-02-18 SI 2018/200 - The Export Control (North Korea Sanctions) Order 2018 HMRC updates The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs: Release Date Ref. No. and Subject Customs Information Papers 31-01-18 End-Use procedure (CIP4) 20-02-18 FPOs reclaiming import VAT on returned goods (CIP2) Tariff and Anti-Dumping Notices 01-02-18 Tariff Notice 3 (2018): laser for skin treatment and hair removal 05-02-18 Tariff Notice 4 (2018): changes to the Combined Nomenclature 16-02-18 Tariff Stop Press Notice 6 (2018): change to commodity code in chapter 32 Tariff Stop Press Notice 7 (2018): changes to commodity codes in chapter 40 Baker McKenzie International Trade Compliance Update | March 2018 76 Release Date Ref. No. and Subject New and retreaded tyres for buses or lorries imported from China (Anti-Dumping Duty 2262) Certain corrosion resistant steel imported from of China (Anti-Dumping Duty 2263) 19-02-18 Tariff Stop Press Notice 5 (2018): change to commodity code in chapter 10 Investigation of biodiesel imports from Argentina (Anti-Dumping Duty 2261) 20-02-18 UK Trade Tariff: customs procedure codes 22-02-18 Cast iron articles from China (Anti-Dumping Duty 2260) 26-02-18 Tariff Stop Press Notice 8 (2018): new commodity codes added to chapter 38 Tariff Notice 5 (2018): classification of encapsulated colostrum powders 28-02-18 Tariff Stop Press Notice 9 (2018): changes to the monthly trade euro rate UK Trade Tariff: customs procedure codes UK Trade Tariff: additional information codes for harmonised declarations UK Trade Tariff: preferential trade arrangements for countries outside the EU Other Documents and Notices 16-02-18 Notice 102: General Guarantee Accounts 19-02-18 Apply for release of a private motor vehicle on payment of Customs Duty and VAT (C384) Apply for release from conditions of relief on private motor vehicle (C&E109) 20-02-18 Apply for repayment or remission of import duties (C285) 22-02-18 Finance Act 2003: updates to Part 3 Money laundering supervision: review of money service businesses 28-02-18 Excise Notice 162: cider production ECO Notices to Exporters and DIT documents The following Export Control Organisation (ECO) Notices to Exporters and other Department for International Trade (DIT) documents were issued: Date Notice No. and Subct 31-01-18 Guidance - Export military or dual use goods, services or technology: special rules [update] 26-02-18 Notice to exporters 2018/03: updates to controls on 'information security' products using cryptography OTHER EU-EFTA COUNTRIES Liechtenstein publishes procurement thresholds On 9 February 2018, Liechtenstein published in the on-line Law Gazette (LGBI № 2018.023, LR № 172.051.11) the announcement of thresholds for the award of public contracts according to the EEA and WTO agreements. The thresholds are shown below (Annexes 3-5 define specific activities): Annex 1 - Thresholds according to the EEA Deliveries Services and competitions leading to services at these heights Construction work or construction and service concessions Government 144,000 euros (156,807 CHF) 144,000 euros (156,807 CHF) For services according to Annex 5: 750,000 euros (816,705 CHF) 5 548 000 euros (6 041 439 CHF) Municipalities and public law institutions 221,000 euros (240,656 CHF) 221,000 euros (240,656 CHF) For services according 5 548 000 euros (6 041 439 CHF) Baker McKenzie International Trade Compliance Update | March 2018 77 to Annex 5: 750,000 euros (816,705 CHF) Subsidized contracts according to Art. 3 ÖAWV 221,000 euros (240,656 CHF) 5 548 000 euros (6 041 439 CHF) Annex 2 - Thresholds under the WTO Agreement Supplies and services Works contracts Government 130,000 SDRs (230,000 CHF) 5 000 000 SDRs (8 700 000 CHF) Municipalities and public law institutions 200,000 SDRs (350,000 CHF) 5 000 000 SDRs (8 700 000 CHF) Also on 9 February 2018, Liechtenstein published in the on-line Law Gazette (LGBI № 2018.024, LR № 172.052.11) the announcement of thresholds for the award of public contracts in the water, energy (electrical energy), transport, and postal services sector according to the EEA and WTO agreements. The thresholds are shown below (Annexes 3-6 define specific activities): Annex 1 - Thresholds according to the EEA Deliveries Services and competitions leading to services at these heights Construction work or construction and service concessions Water, energy, transport, postal services 443,000 euros (482,400 CHF) 443,000 euros (482,400 CHF) For services according to Annex 5: 1 000 000 euros (1 088 940 CHF) 5 548 000 euros (6 041 439 CHF Annex 2 - Thresholds under the WTO Agreement Supplies and services Works contracts Sectors: water, energy (electrical energy), transport, postal services 400,000 SDRs (700,000 CHF) 5 000 000 SDRs (8 700 000 CHF) 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 IRELAND (EIRE) 23-02-18 S.I. No. 39 of 2018 European Communities (Intra-Community Transfers of Defence Related Products) (Amendment) Regulations 2018 27-02-18 S.I. No. 43 of 2018 European Communities (Measuring Instruments and Metrological Control) Regulations 2018 S.I. No, 44 of 2018 European Union (Measuring Instruments) (Revocation) Regulations 2018 LIECHTENSTEIN 01-02-18 LGBI № 2018.005 Ordinance of 30 January 2018 repealing the Ordinance on the Law on the Return of Undocumented Cultural Objects (LR № 461.1) Baker McKenzie International Trade Compliance Update | March 2018 78 Date* Measure 09-02-18 LGBI № 2018.021 Regulation of 6 February 2018 amending the Regulation on public procurement LGBI № 2018.022 Ordinance of 6 February 2018 amending the regulation on public procurement in the sector LGBI № 2018.023 Announcement of 6 February 2018 of thresholds for the award of public contracts LGBI № 2018.024 Announcement of 6 February 2018 on the thresholds for the award of public sector contracts LUXEMBOURG 06-02-18 Mem. A111: Grand-Ducal Regulation of 3 February 2018 amending the amended Grand-Ducal Regulation of 12 July 1995 relating to aerosol dispensers 07-02-18 Mem. A112: Law of February 3, 2018 approving the Convention between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands concerning the Benelux Interparliamentary Assembly, done in Brussels on January 20, 2015. 13-02-18 Mem. A130: Law of 3 February 2018 approving the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed at Astana, on December 21, 2015. 14-02-18 Mem. A131: Law of 13 February 2018 on 1. transposition of the provisions relating to the professional obligations and powers of the supervisory authorities in the fight against money laundering and terrorist financing of the European Parliament Directive (EU) 2015/849 and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing the Directive 2005/60 / EC of the European Parliament and of the Council and Commission Directive 2006/70 / EC; 2. Implementing Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying remittances and repealing Regulation (EC) No 1781/2006; 3. modification of: a) the amended law of 12 November 2004 on the fight against money laundering and the financing of terrorism; … 26-02-18 Mem. A143: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem. A144: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg. Mem. A145: Implementation of new European telecommunications standards applicable to the Grand Duchy of Luxembourg MALTA 09-02-18 42 of 2018 – Simplifying Terms and Conditions of Transfers of Defence-Related Products (Amendment) Regulations, 2018 - Government Gazette of Malta No. 19,946 – 09.02.2018 43 of 2018 – Dangerous Drugs Ordinance (Amendment of First Schedule) Order, 2018 - Government Gazette of Malta No. 19,946 – 09.02.2018 NORWAY 05-02-18 FOR-2018-01-26-136 Ministry of Foreign Affairs Regulations amending the regulation on export of defense materials, multipurpose goods, technology and services 08-02-18 FOR-2018-02-02-157 Ministry of Agriculture and Food, Ministry of Food and Fisheries Regulations amending the regulation on labeling and marketing of feed products 13-02-18 FOR-2018-02-10-190 Ministry of Health and Care Services Regulations concerning changes in food regulations to separate groups FOR-2018-02-12-192 Ministry of Agriculture and Food Regulations for change in the wine regulations FOR-2018-02-12-193 Ministry of Agriculture and Food Regulations concerning change in pesticide regulation 16-02-18 FOR-2018-02-10-214 Ministry of Health and Care Services Regulations amend- Baker McKenzie International Trade Compliance Update | March 2018 79 Date* Measure ing the regulation on limit values for drug residues in foodstuffs from animals FOR-2018-02-14-216 Ministry of Health and Care Regulations for change in the aroma regulation FOR-2018-02-15-217 Ministry of Labor and Social Affairs, Ministry of Climate and Environment Regulations concerning change in biocidal regulation (Biocidal Regulations) 20-02-18 FOR-2018-02-19-243 Ministry of Health and Care Services Regulations amending the Regulation on additives for use in feedstuffs 21-02-18 FOR-2018-02-14-248 Ministry of Health and Care Services Regulations concerning the partial entry into force of regulations concerning changes in the Manufacturing and Import Regulations, the Medicines Regulations, the wholesale regulations, the pharmacy regulation, regulations on turnover, etc. of certain non-pharmacy-free medicines and regulations for the procurement and delivery of pharmaceuticals from pharmacies 22-02-18 FOR-2018-02-20-260 Ministry of Finance Regulations concerning changes in regulations to the Customs and Customs Act (Customs Regulations) POLAND 01-02-18 № 296 Announcement of the Speaker of the Sejm of the Republic of Poland of January 11, 2018 regarding the publication of a uniform text of the Act on international shipment of waste 06-02-18 № 314 Regulation of the Minister of Finance of February 1, 2018 amending the ordinance on the appointment of directors of Tax Administration Chambers in Gdańsk, Poznań, Szczecin, Warsaw and Wrocław to conduct certain customs matters 08-02-18 № 326 Announcement of the Prime Minister of January 12, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Kostrzyn-Słubice special economic zone № 328 Regulation of the Minister of Agriculture and Rural Development of February 2, 2018 amending the regulation on measures taken in connection with the occurrence of African swine fever 09-02-18 № 334 Regulation of the Minister of Finance of January 23, 2018 regarding proceedings regarding asset declarations of officers of the Customs and Tax Service 12-02-18 № 347 Decree of the Minister of Finance of January 29, 2018 regarding the publication of a uniform text of the Regulation of the Minister of Finance on the model of documents confirming the payment of excise duty on the territory of a country from a passenger car purchased intra-Community or no obligation to pay this excise duty № 349 Regulation of the Minister of Finance of January 29, 2018 on the conditions for customs and tax control of compliance with customs legislation and other regulations related to the import and export of goods 13-02-18 № 358 Regulation of the Minister of Finance of February 6, 2018 regarding candidates for guides of service dogs and service dogs in the Customs and Treasury Service № 359 Notice of the Speaker of the Sejm of the Republic of Poland of 30 January 2018 regarding the publication of a uniform text of the Act on the implementation of the Convention on the Prohibition of Research, Production, Storage and Use of Chemical Weapons and on the Destruction of its Stocks № 368 Regulation of the Minister of Internal Affairs and Administration of February 7, 2018 on the manner of conducting and documenting by the Internal Security Bureau operational and reconnaissance activities consisting in implicitly making acquisitions, disposals or acquisitions of objects originating from crime, forfeited or produced, possession of , carriage or trade is forbidden, as well as acceptance or presentation of financial gain and handling of materials obtained during the use of these activities 14-02-18 № 372 Regulation of the Minister of Internal Affairs and Administration of February 8, 2018 amending the ordinance on the manner of documenting the operational control carried out by the Border Guard and keeping and transmitting requests and orders, as well as storing, transferring, processing and destroying materials obtained during the use of this control Baker McKenzie International Trade Compliance Update | March 2018 80 Date* Measure 16-02-18 № 384 Announcement of the Prime Minister of January 22, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Starachowice Special Economic Zone 19-02-18 № 388 Notice of the Speaker of the Sejm of the Republic of Poland of February 9, 2018 regarding the publication of a uniform text of the Act on the financial liability of Police officers, Border Guard, Customs and Tax Service, State Protection Service, State Fire Service, Prison Service, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service and Central Anti-Corruption Bureau 23-02-18 № 410 Announcement of the Speaker of the Sejm of the Republic of Poland of February 7, 2018 regarding the publication of a uniform text of the Act on Safety of Trading in Precursors of Explosives № 411 Announcement of the Prime Minister of 29 January 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Tarnobrzeg special economic zone № 414 Announcement of the Prime Minister of January 29, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Katowice Special Economic Zone № 415 Announcement of the Prime Minister of January 29, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Wałbrzych Special Economic Zone 26-02-18 № 422 Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, done at Ulaanbaatar on 30 April 2013. № 423 Government statement of 23 January 2018 regarding the binding force of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, done at Ulaanbaatar on 30 April 2013. № 425 Announcement of the Speaker of the Sejm of the Republic of Poland of 30 January 2018 regarding the publication of a uniform text of the Law on mutual assistance in the investigation of taxes, customs duties and other financial claims № 426 Decree of the Minister of Finance of February 6, 2018 regarding the publication of a uniform text of the regulation of the Minister of Development and Finance regarding INTRASTAT declarations № 428 Decree of the Minister of Finance of February 1, 2018 regarding the publication of a uniform text of the Regulation of the Minister of Finance on the determination of excise goods with excise marks 28-02-18 № 439 Regulation of the Minister of Finance of February 23, 2018 regarding the amount and conditions for granting and paying to the officers of the Customs and Tax Service a monetary equivalent for the lack of a dwelling or temporary quarters № 440 Regulation of the Minister of Finance of February 23, 2018 on the granting of benefits in connection with the transfer of an officer of the Customs and Tax Service to a different place № 449 Regulation of the Minister of Finance of February 23, 2018 regarding information on vacant positions in the Customs and Tax Service and the recruitment procedure for the Customs and Tax Service № 451 Regulation of the Minister of Finance of February 27, 2018 on the secondment of an officer of the Customs and Tax Service to perform work or perform official duties outside the Customs and Treasury Service SPAIN 03-02-18 Economy: Correction of Errata of Order EIC / 1337/2017, of December 18, by which Annexes I and II of Royal Decree 2028/1986, of June 6, are updated on the rules for the application of certain directives of the EEC, relating to the type approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and agricultural vehicles, as well as parts and pieces of such vehicles. (BOE-A-2018- 1486) 07-02-18 Foreign Affairs: Additional Protocol on mutual assistance in the case of forest fires in border areas, adopted under the terms of Article 8 of the Protocol be- Baker McKenzie International Trade Compliance Update | March 2018 81 Date* Measure tween the Kingdom of Spain and the Portuguese Republic on Technical Cooperation and Mutual Assistance in matters of civil protection made in Évora on March 9, 1992 , signed in Figueira da Foz on November 8, 2003. (BOE-A-2018- 1603) Foreign Affairs: Correction of errors in the Amendments to the Regulations on the International Carriage of Dangerous Goods by Rail (RID 2017), Appendix C of the Convention on International Carriage by Rail (COTIF), made in Bern on May 9, 1980, adopted by the Expert Commission for the Transport of Dangerous Goods at its 54th session, held in Bern on May 25, 2016. (BOE-A-2018-1604 09-02-18 Health, etc.: Resolution of January 17, 2018, of the General Directorate of Public Health, Quality and Innovation, which modifies Annex I of the Order of January 20, 1994, establishing the modalities of sanitary control of products of foreign trade destined to use and human consumption and to the customs enclosures authorized for its realization. (BOE-A-2018-1748) 12-02-18 Presidency: Royal Decree 50/2018, of February 2, which develops the rules for the control of animal by-products not intended for human consumption and animal health, in the hunting practice of big game. (BOE-A-2018-1869) 19-02-18 Foreign Affairs: Amendments to the Agreement on the adoption of harmonized technical regulations of the United Nations applicable to wheeled vehicles and equipment and parts that can be assembled or used in them, and on the conditions for reciprocal recognition of approvals granted in accordance with such regulations United Nations, adopted in Geneva on November 18, 2016. (BOE-A-2018-2256) Economy, etc.: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Company, by which the projects of European and international standards that have been processed as UNE standard projects by the Spanish Association are submitted to public information of Normalization, corresponding to the month of January 2018.(BOE-A-2018-2321) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Companies, by which the list of UNE standards approved by the Spanish Association for Standardization is published, during the month of January 2018. (BOE-A-2018-2322 ) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Companies, publishing the list of European standards that have been ratified during the month of January 2018 as Spanish standards. (BOE-A-2018-2323) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Company, by which the list of annulled UNE regulations is published during the month of January 2018.(BOE-A-2018-2324) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Company, by which the UNE standard projects that the Spanish Standardization Association has in process, corresponding to the month of January, are submitted to public information. of 2018.(BOEA-2018-2325) 20-02-18 Foreign Affairs: Amendments to Annexes A and B of the Europe Agreement on international transport of dangerous goods by road (ADR 2017), adopted in Geneva on 3 July 2017.(BOE-A-2018-2326) 27-02-18 Health: Royal Decree 85/2018, of February 23, which regulates cosmetic products. (BOE-A-2018-2693) 28-02-18 Health: Order SSI / 194/2018, of February 22, which modifies part II of the annex to Royal Decree 1101/2011, of July 22, approving the positive list of extraction solvents that can be to use in the manufacture of food products and their ingredients, as regards dimethyl ether. (BOE-A-2018-2761) SWITZERLAND 06-02-18 Additional Protocol of 9 November 1995 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (RS 0.131.11) Protocol № 2 of 5 May 1998 to the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities concerning inter-territorial cooperation (RS 0.131.12) Baker McKenzie International Trade Compliance Update | March 2018 82 Date* Measure DFI Ordinance on the Addition of Vitamins, Mineral Salts and Certain Other Substances to Foods (OASM) (RS 817.022.32) 09-02-18 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 13-02-18 Ordinance on the placing on the market and use of biocidal products (Ordinance on Biocidal Products, OPBio) (RS 813.12) Ordinance on Protection against Dangerous Substances and Preparations (Ordinance on Chemicals, ChemO) (RS 813.11) Ordinance on the Reduction of Risks Relating to the Use of Particularly Dangerous Substances, Preparations and Articles (Ordinance on the Reduction of Risks Relating to Chemicals, ORRChem) (RS 814.81) 20-02-18 Ordinance of the FDF on the rates of contributions for the export of agricultural commodities (RS 632.111.723.1) Ordinance on Protection against Dangerous Substances and Preparations (Ordinance on Chemicals, Ochim) (RS 813.11) Ordinance on the placing on the market and use of biocidal products (Ordinance on Biocidal Products, OPBio) (RS 813.12) Ordinance of the DFI on the Implementing Rules for the Biocidal Products Ordinance (Ordinance on the Implementation of the DFI on Biocidal Products) (RS 813.121) Ordinance of the FOAG on Phytosanitary Measures for Agriculture and Productive Horticulture (OMP-FOAG) (RS 916.202.1) 21-02-18 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 23-02-18 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 27-02-18 Federal Order approving the Nagoya-Kuala Lumpur Additional Protocol on Liability and Redress for the Cartagena Protocol on Biosafety • Additional Protocol of Nagoya - Kuala Lumpur on Liability and Redress for the Cartagena Protocol on Biosafety (RS 0.451.431.1) Customs Convention on the ATA carnet for the temporary admission of goods of December 6, 1961 (ATA Convention) (RS 0.631.244.57) FSVO Order instituting measures to prevent the introduction into Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107) Restrictive measures established, amended, corrected The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Restrictive Measure IRELAND (EIRE) 23-02-18 S.I. No. 40 of 2018 European Union (Restrictive Measures concerning the Democratic People's Republic of Korea) Regulations 2018 S.I. No. 41 of 2018 European Union (Restrictive Measures concerning Sudan) Regulations 2018 S.I. No. 42 of 2018 European Union (Restrictive Measures concerning Venezuela) Regulations 2018 LIECHTENSTEIN 01-02-18 LGBI № 2018.006 Ordinance of 30 January 2018 on measures against Venezuela (LR № 946.224.7) 09-02-18 LGBI № 2018.020 Ordinance of 6 February 2018 amending the Regulation on measures against certain persons from Tunisia (LR № 946.223.6) 22-02-18 LGBI № 2018.025 Order of 20 February 2018 amending the Regulation on Baker McKenzie International Trade Compliance Update | March 2018 83 Date* Restrictive Measure measures against the Republic of South Sudan (LR № 946.224.3) LGBI № 2018.026 Order of 20 February 2018 amending the Regulation on measures against Zimbabwe (LR № 946.222.4) NORWAY 01-02-18 FOR-2018-01-31-125 Ministry of Foreign Affairs Regulations amending the regulation on restrictive measures concerning the situation in Guinea-Bissau 05-02-18 FOR-2018-01-31-138 Ministry of Foreign Affairs Regulations amending the Regulations on sanctions and restrictive measures against North Korea 07-02-18 FOR-2018-02-05-151 Ministry of Foreign Affairs Regulations amending the regulation on restrictive measures concerning the situation in Venezuela 21-02-18 FOR-2018-02-19-249 Foreign Affairs Regulations amending the Regulations on Sanctions Against Non-Governmental Operators Operating in the Democratic Republic of the Congo, Regulations on Sanctions against Certain Groups, Militias and Persons Operating in the Darfur Province of Sudan and Regulations on Specific Measures Against Belarus FOR-2018-02-19-250 Ministry of Foreign Affairs Regulations amending the Regulations on sanctions and restrictive measures in light of the situation in South Sudan SWITZERLAND 02-02-18 Amendments to the Order of 22 June 2005 instituting measures against the Democratic Republic of the Congo (RS 946.231.12) [Entry into force: 01-02-18] 13-02-18 Ordinance blocking assets in the context of Tunisia (O-Tunisia) (RS 196.127.58) Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.127.67) Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.127.67) 14-02-18 Amendment to Order of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, the “Al Qaeda” group or the Taliban (RS 946.203) [Entry into force: 14-02-18] 16-02-18 Amendment to the Ordinance of 18 May 2016 on measures against the Democratic People's Republic of Korea (RS 946.231.127.6) [Entry into force: 15-02- 18] 19-02-18 Amendment to the Ordinance of 14 March 2014 instituting measures against the Central African Republic (RS 946.231.123.6) [Entry into force: 16-02-18] 21-02-18 Ordinance instituting measures against the Democratic Republic of the Congo (RS 946.231.12) 26-02-18 Amendment to Ordinance of 19 March 2002 instituting measures against Zimbabwe (RS 946.209.2) [Entry into force: 27-02-18] Non EU-EFTA European Countries TURKEY It is now easier to keep track of your goods in customs Recent Development The Turkish Ministry of Customs and Trade had announced that a brand new system called Customs Goods Tracking and Analytical Performance Program (“GET-APP Program”) was launched. The Ministry recently clarified that the application procedures are now simplified due to the increasing demand. What is New? The Ministry launched the GET-APP Program to enable importers and exporters to obtain accurate and prompt information about the transactions they carry out during their customs operations. Baker McKenzie International Trade Compliance Update | March 2018 84 On the GET-APP Program, certain information regarding the customs operations will be accessible for free from any computer or mobile phone with internet connection, such as the place where the exported or imported goods are located, which transactions are completed, which transactions are pending and how much time such transactions have taken or will take. Importers and exporters seeking to use the GET-APP Program must apply by providing the required information on the GET-APP Program. The Ministry has simplified the application steps, which are available here in more detail (in Turkish). Conclusion The new GET-APP Program will enable importer and exporter companies to closely follow their customs transactions, and thus facilitate their operations. Companies must follow any further announcement to be made by the Ministry and carefully review the application procedures and usage conditions for the GET-APP Program. For more information, please contact Can Sözer or Hilal Temel of our Istanbul office. Legislation (laws, resolutions, orders, etc.) The following documents were published in the on-line T.C. Resmî Gazete. Date Subject 02-02-18 Communiqué on Import Quota and Tariff Provision Administration (No: 2018/2) Communiqué on Import Quota and Tariff Provision Administration (No: 2018/3) 03-02-18 2017/10797 Decision on the Implementation of the Decision on the Implementation of Safeguard Measures in the Import of Tooth Brushes Communiqué on the Amendment of the General Communiqué on Tariffs (Classification Decisions) (Series No: 18) (Serial No: 28) Communiqué on the Amendment of the General Communiqué on Tariffs (Classification Decisions) (Series No: 20) (Serial No: 29) 06-02-18 Regulation on the Amendment of the Regulation on the Determination of the Preferred Region of Trade in the Scope of the Regional Convention on Pan European Mediterranean Preferential Rules of Origin Decision of High Planning Council dated 31/01/2018 and numbered 2018/1 on e-Export Strategy and Action Plan (2018-2020) 13-02-18 Regulation on the Trading of Second Hand Motorized Vehicles Communiqué on the Implementation of Electronic Application System in Imports Transactions (Import: 2017/3) 14-02-18 Regulation on the Amendment of the Duty Free Shops Regulation 16-02-18 Communiqué on Permission to be Obtained in Importation by Public Institutions and Organizations (Import: 2018/2) Import Control of Tobacco, Tobacco Products, Alcohol and Alcoholic Drinks (Product Safety and Control: 2018/19) 17-02-18 Communiqué on the Removal of Radiation Control Communiqué (Product Safety and Control: 2018/2) from Food and Agricultural Products Imported from Japan (Product Safety and Control: 2018/22) Customs General Communication (Collection Procedures) (Serial No: 2) Communiqué On Amendments (Collection Procedures) (Seq Id No: 2) Communiqué on the Amendment of the Communiqué on the Branding of Turkish Products Abroad, the Placement of the Turkish Commodity Image and the Support of TURQUALITY® (Communiqué No: 2006/4) (No: 2018/3) 20-02-18 Regulation on the Amendment of the Customs and Trade Council Regulation 23-02-18 Regulation on the Amendment of the Regulation on the Immigration of Live- Baker McKenzie International Trade Compliance Update | March 2018 85 Date Subject stock and Animal Products in Turkey Communiqué Pertaining to Safeguard Measures in Imports (No. 2018/1) Communiqué Pertaining to Safeguard Measures in Import (No: 2018/2) 24-02-18 2018/11273 Announcement of the Council of Ministers Decision dated 30/9/2013 and numbered 2013/5428 of the United Nations Security Council on the Freezing of the assets of persons, organizations or organizations listed in the resolutions of 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List 25-02-18 Communiqué on the Amendment of the Customs General Communiqué (Customs Transactions) (Serial No: 105) (Customs Transactions) (Serial No: 147) UKRAINE Legislation (laws, resolutions, orders, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers (Розпорядження Кабінету Міністрів України), Regulations (Положення), Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website during the period of coverage of this Update: Date Subject 11-01-18 On Amendments to the Procedure for the State Control over International Transfers of Dual-Use Goods Cabinet of Ministers of Ukraine ; Resolution on January 11, 2018, No. 1 17-01-18 On Approval of the Procedure for the Issue, Turnover and Repayment of Tax Bills Issued prior to Receipt or Importation into the Customs Territory of Ukraine of Petroleum Products and / or Substances Used as Components of Motor Fuels for use as raw materials for manufacture in the chemical industry and for the recognition as invalid , some resolutions of the Cabinet of Ministers of Ukraine Cabinet of Ministers of Ukraine ; Resolution , Procedure, Specification on January 17, 2018, No. 21 07-02-18 On the submission for ratification by the Verkhovna Rada of Ukraine of an agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Moldova on joint control of persons, vehicles, goods and objects at common border crossing points across the Ukrainian-Moldavian border Order of the Cabinet of Ministers of Ukraine on February 7, 2018, No. 70-p 14-02-18 On Approval of the Strategy for the Implementation of the Provisions of the European Union Directives in the Field of Postal Services and Courier Services (Roadmap) Order of the Cabinet of Ministers of Ukraine; Strategy, Plan, Events on February 14, 2018 No. 104-p 21-02-18 On Amending Certain Decrees of the Cabinet of Ministers of Ukraine on Issues of State Export Control Resolution of the Cabinet of Ministers of Ukraine dated February 21, 2018, No. 99 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 Решения, Распоряжение and Recommendations having a direct effect on international traders are listed. Baker McKenzie International Trade Compliance Update | March 2018 86 Publication Date Title Council (Совет) of the Eurasian Economic Commission Решение 20-02-18 № 2 (16-02-18) On Amending Certain Decisions of the Commission of the Customs Union and on Approving the List of Goods Imported to the Territory of the Russian Federation for the Purposes of the Project for the Construction and Operation of a Liquefied Natural Gas Production Plant of the South Tambey Gas Condensate Field on the Yamal Peninsula № 3 (16-02-18) On Amending the Plan for the Development of Technical Regulations of the Eurasian Economic Union and on Amendments to the Technical Regulations of the Customs Union № 4 (16-02-18) On Amending the Plan for the Development of Technical Regulations of the Eurasian Economic Union and Amendments to the Technical Regulations of the Customs Union № 5 (16-02-18) On Amending the Decision of the Commission of the Customs Union of May 28, 2010 No. 299 № 6 (26-01-18) On the Draft Decision of the Higher Eurasian Economic Council “On the Council on Agro-Industrial Policy of the Eurasian Economic Union” № 7 (26-01-18) On the draft order of the Supreme Eurasian Economic Council “On the report” Republic of Armenia: two years in the Eurasian Economic Union. First results » № 8 (26-01-18) On the draft order of the Eurasian Intergovernmental Council on the Macroeconomic Situation in the Member States of the Eurasian Economic Union and Proposals for Sustainable Economic Development № 9 (26-01-18) On the draft order of the Eurasian Intergovernmental Council “On the state of mutual trade between the member states of the Eurasian Economic Union in 2017” № 10 (26-01-18) On the draft decision of the Supreme Eurasian Economic Council “On introducing changes to the list of sectors (subsectors) of services in which a single market of services is functioning within the framework of the Eurasian Economic Union” № 11 (26-01-18) On the introduction of changes to the Requirements for the material and technical equipment and arrangement of points for plant quarantine (phytosanitary control posts) № 12 (26-01-18) On the draft order of the Eurasian Intergovernmental Council “On Submission of a Candidate of a Member of the Council of the Eurasian Economic Commission to the Higher Eurasian Economic Council” 22-02-18 № 13 (26-01-18) On the establishment of rates of import customs duties of the Single Customs Tariff of the Eurasian Economic Union in respect of certain types of goods in accordance with the obligations of the Russian Federation in the WTO 20-02-18 № 14 (26-01-18) On the establishment of the import customs duty rate of the Single Customs Tariff of the Eurasian Economic Union in respect of polyethylene for the application of the factory three-layer anticorrosive coating for large diameter pipes 27-02-18 № 15 (26-01-18) On the Approval of the Rules of Good Practice for the Growing, Collection, Processing and Storage of Vegetable Originary Vegetables Council Regulations/Orders (Распоряжение) 16-02-18 № 1 (16-02-18) On the draft Agreement on trade and economic cooperation between the Eurasian Economic Union and its member states, on the one hand, and the People's Republic of China, on the other hand № 2 (16-02-18) On Amending the Order of the Council of the Eurasian Economic Commission of October 18, 2016 No. 32 20-02-18 № 3 (26-01-18) On the introduction of changes in the composition of the negotiating delegation to participate in the negotiations on the revision of the tariff obligations of the Republic of Armenia in the World Trade Organization in connection with the accession of the Republic of Armenia to the Treaty on the Eurasian Economic Union of May 29, 2014 № 4 (26-01-18) On the introduction of changes in the composition of the negotiating delegation to participate in negotiations on the revision of tariff obligations of the Kyrgyz Republic in the World Trade Organization in connection with Baker McKenzie International Trade Compliance Update | March 2018 87 Publication Date Title the accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of May 29, 2014 Board (Коллегии) of the Eurasian Economic Commission Решения 01-02-18 № 15 (31-01-18) On the classification of the ship diesel engine in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union № 16 (31-01-18) On Amendments to the Instruction on the Procedure for Completing the Declaration on Goods № 17 (31-01-18) On the establishment of the import customs duty rate of the Single Customs Tariff of the Eurasian Economic Union with respect to certain types of compressors for refrigeration equipment № 18 (31-01-18) About the list of documents containing information on varietal and sowing (planting) qualities of seeds of agricultural plants mutually recognized by the member states of the Eurasian Economic Union when handling seeds of agricultural plants within the framework of the Eurasian Economic Union № 19 (31-01-18) On the classification of disposable feminine hygiene pads, disposable sanitary napkins for a bra and disposable diapers for adults in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union 12-02-18 № 20 (07-02-18) On the application of a trigger protective measure in respect of certain types of underwear, children's clothing and accessories for children's clothing originating in the Socialist Republic of Vietnam and imported into the customs territory of the Eurasian Economic Union № 21 (07-02-18) On the list of international and regional (interstate) standards and, in their absence, national (state) standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Customs Union “Safety requirements for food additives, flavors and technological auxiliaries” (TP TC 029/2012), and a list of international and regional (interstate) standards, and in the absence of national (state) standards, soda the rules and methods of testing (tests) and measurements, including the sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Customs Union “Safety requirements for food additives, flavors and technological auxiliaries” (TR TS 029/2012) and evaluation conformity of technical regulation objects № 22 (07-02-18) On the list of international and regional (interstate) standards, and in the absence of national (state) standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Eurasian Economic Union “On the safety of equipment for children's playgrounds” (TP EAPS 042 / 2017), and a list of international and regional (interstate) standards, and, in the absence of them, national (state) standards containing rules and methods (tests) and measurements, including the sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Eurasian Economic Union “On the safety of equipment for children's playgrounds” (TR EAES 042/2017) and the implementation of the conformity assessment of technical regulation facilities № 23 (07-02-18) On Amending the Decision of the Commission of the Customs Union of July 15, 2011 No. 710 № 24 (07-02-18) On Amending the Decision of the Commission of the Customs Union of July 15, 2011 No. 710 № 25 (07-02-18) About the Order of Confirmation by the Customs Authorities of the Member States of the Eurasian Economic Union of the actual export of goods from the customs territory of the Union 15-02-18 № 26 (13-02-18) On the Procedure for the Formation and Maintenance of a Single Register of Varieties of Agricultural Plants № 27 (13-02-18) On approval of the Uniform Veterinary (veterinary and sanitary) requirements for objects subject to veterinary control (supervision) № 28 (13-02-18) On the maximum permissible levels of residues of veterinary medicinal products (pharmacologically active substances) that may be con- Baker McKenzie International Trade Compliance Update | March 2018 88 Publication Date Title tained in unprocessed food products of animal origin, including in raw materials, and methods for their determination 02-02-18 № 29 (19-02-18) On the format and structure of the provision of information on the initiative within the framework of the implementation of the digital agenda of the Eurasian Economic Union Board Распоряжение 01-02-18 № 14 (23-01-18) On the implementation of the general process “Ensuring the exchange of information on goods subject to marking with control (identification) marks made or imported into the customs territory of the Eurasian Economic Union, including in the transboundary circulation of such goods on the customs territory of the Eurasian Economic Union” № 15 (31-01-18) On the Draft Protocol on Amendments to the Customs Code of the Eurasian Economic Union № 16 (31-01-18) On the Draft Protocol on Amendments to the Treaty on the Joint Collegium of Customs Services of the Member States of the Customs Union of June 22, 2011 № 17(31-01-18) On the Draft Protocol on Amendments to the Agreement on Legal Assistance and Interaction of the Customs Authorities of the Member States of the Customs Union in Criminal Cases and Administrative Offenses of July 5, 2010 № 18 (31-01-18) On the Draft Protocol on Amendments to the Treaty on the Specifics of Criminal and Administrative Responsibility for Violations of the Customs Legislation of the Customs Union and Member States of the Customs Union of July 5, 2010 № 19 (31-01-18) On the Draft Protocol on Amendments to the Agreement on Free (Special, Special) Economic Zones in the Customs Territory of the Customs Union and the Customs Procedure of the Free Customs Zone of June 18, 2010 № 20 (31-01-18) On the composition of the working group to improve the single transit system and unified guarantee mechanisms for customs transit 12-02-18 № 21 (07-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission “On Typical Conformity Assessment Schemes” № 22 (07-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission “On Amending the Single Quarantine Phytosanitary Requirements for Quarantine Products and Quarantined Objects on the Customs Border and on the Customs Territory of the Eurasian Economic Union” № 23 (07-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission “On Amendments to the Unified List of Quarantine Facilities of the Eurasian Economic Union” № 24 (07-02-18) On approval of the draft action plan for the implementation of the Memorandum of Understanding between the Eurasian Economic Commission, the European Committee for Standardization and the European Committee for Standardization in Electrical Engineering for 2018-2022 15-02-18 № 25 (13-02-18) On the introduction of changes to the composition of the Advisory Committee on Statistics № 26 (13-02-18) On the introduction of changes to the plan of scientific research work of the Eurasian Economic Commission for 2018 - 2019 № 27 (13-02-18) On the introduction of changes in the composition of the working group of the Eurasian Economic Commission for the assessment of the regulatory impact of the draft decisions of the Eurasian Economic Commission Board Recommendations 19-01-18 № 1 (16-01-18) About the list of exhibition and fair events and business missions of manufacturers of light industry products for 2018-2020 № 2 (16-01-18) About the Manual on the Quality of Medicinal Products with Modified Release for Ingestion Baker McKenzie International Trade Compliance Update | March 2018 89 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 12 February 2017. The table lists the tariff codes, a description, rationale (GRIs) for the decision. BELARUS State Customs Committee (acts, resolutions, orders, etc.) The following normative legal acts of the State Customs Committee (SCC) were posted to the SCC website: Date Subject 01-02-18 On the change in the composition of the State Border Commission under the Council of Ministers of the Republic of Belarus. Decree No. 77 of the Council of Ministers of the Republic of Belarus of January 30, 2018 Preliminary decisions on tariff classification The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods (База данных товаров, в отношении которых принято предварительное решение о классификации). The database has been updated through February 2018. It may be searched by tariff code or description (in Russian). RUSSIAN FEDERATION Legislation (acts, resolutions, orders, etc.) The following Russian Federation (RF) Acts, Government Resolutions/Decrees (Постановление Правительства) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information (Официальный интернет-портал правовой информации) during the period of coverage of this Update: Date of Publication Subject 18-01-18 Order of the Federal Customs Service of December 19, 2017 No. 2013 “On the recognition of the Federal Customs Service of Russia of July 15, 2015 No. 1417” On the Establishment of the Competence of Customs Authorities located in Moscow and the Moscow Region, in St. Petersburg and Leningrad Region, on Commitment customs operations with respect to goods intended for demonstration at exhibitions, fairs, international meetings and other similar events, as well as cultural values ” (registered on January 17, 2018 No. 49666) 07-02-18 Federal Law of February 5, 2018 No. 9-FZ “On Amending Article 5 of the Federal Law” On the Destruction of Chemical Weapons “ Order of the Federal Customs Service of 12.01.2018 No. 15 “On approval of the Regulation on the personnel reserve of customs authorities of the Russian Federation” (Registration 06.02.2018 No. 49915) 13-02-18 Decree of the Government of the Russian Federation No. 105 of 06.02.2018 “On the implementation of a pilot project for the compensation of individuals to foreign citizens for the value added tax for the export of goods outside the customs territory of the Eurasian Economic Union” Baker McKenzie International Trade Compliance Update | March 2018 90 Date of Publication Subject Decree of the Government of the Russian Federation No. 128 of 08.02.2018 “On Approval of the Rules for Control in Production Places (Including Processing), Shipment of Quarantine Products for Import into the Russian Federation from Foreign Countries or Groups of Foreign Countries, Where Quarantine Objects Are Spread, characteristic for such quarantine products, in accordance with international agreements of the Russian Federation, for the purpose of its use for crops and plantings “ Middle East ISRAEL US and Israel agree to eliminate Certificate of Origin The US Department of Agriculture (USDA) reports that in an effort to further facilitate trade between Israel and the United States, the two parties have agreed to reduce the paperwork burden necessary to take advantage of the tariff reductions in the United States – Israel Free Trade Agreement. As of January 10, 2018, both sides removed the requirement for a Certificate of Origin for Exporting to Israel. The Certificate of Origin for Exporting to Israel is being replaced with an invoice declaration by the exporter or producer. A transition period allowing exporters to change their document requirements extends until March 31, 2018. Background Prior to January 10, 2018, firms wishing to gain preferential access to the Israeli market were required to submit a Certificate of Origin for Exporting to Israel to Israeli customs authorities. Only the original form could be submitted, photocopies were not accepted. If the certificate was being submitted by an exporter that was not also the manufacturer, it had to be notarized and stamped by a U.S. – Israel Chamber of Commerce. Certificates were issued by U.S. – Israel Chambers of Commerce across the country. More details on the United States – Israel Free Trade Agreement can be found in the 2017 Israel Food and Agricultural Import Regulations and Standards Narrative and Certificate reports, prepared by USDA. In May 2017, the Joint Committee established under the 1985 Free Trade Agreement between Israel and the United States signed the Decision of the Joint Committee of the Agreement on the Establishment of a Free Trade Area Between the Government of Israel and the Government of the United States of America on Annex 3 (Rules of Origin) in which they agreed to eliminate the Certificate of Origin required by the FTA and amended the text of Paragraph 9 of Annex 3 of the FTA to substitute an invoice declaration by the producer or exporter which could be in the form of an electronic transmission. This decision was subject to each Party’s domestic approval. Israel’s Plant Protection Regulation controls the import of all plant material, pests, and regulated products. Within the Israeli regulation there is a reference to the usage of the Certificate of Origin. Israel’s Plant Protection and Inspection Service (PPIS) has yet to announce how they will manage the regulatory discrepancy between the new invoice declaration and the required Certificate of Origin. Exporters of U.S. products are work closely with their Israeli partners during this transition period. The Foreign Agricultural Service in Tel Aviv is working closely Baker McKenzie International Trade Compliance Update | March 2018 91 with PPIS on this issue and will publish updates that could potentially impact U.S. exporters. Africa SOUTH AFRICA South African Customs and Excise Act Amendments of Rules and Tariff Schedules Date Publication Details Subject Implementation Date 09-02-18 GG.41433 R.103 Amendment to Part 1 of Schedule No. 3, by the substitution of rebate items under 320.12 in order to provide for the importation of raw materials for the manufacture of baby diapers as well as adult diapers – ITAC Report 569 • Notice R.103 09-02-18 GG.41433 R.100 Amendment to Part 1 of Schedule No. 4, by the substitution of item 412.13/00.00/01.00 in order to exclude adult diapers from rebate – ITAC Report 569 • Notice R.100 GG.41433 R.101 Amendment to Part 2 of Schedule No. 4, by the substitution of items 460.17/87.00/04.02 and 460.17/87.00/02.04 in order to reduce the period of disposal of motor vehicles designed for the transport of physically disabled persons from 5 years to 3 years – Minute M13/2017 • Notice R.101 GG.41433 R.102 Amendment to Part 2 of Schedule No. 6, by the substitution of items 630.20 and 630.22 as a consequence to the amendment in Schedule 4 in order to reduce the period of disposal of motor vehicles designed for the transport of physically disabled persons from 5 years to 3 years – Minute M13/2017 • Notice R.102 21-02-18 Taxation Proposals as tabled by the Minister of Finance in his Budget Review 2018 at 14:37 • Taxation Proposals 21-02-18 Trade compliance enforcement actions - import, export, IPR, FCPA The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis]. [Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep’t Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Baker McKenzie International Trade Compliance Update | March 2018 92 Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; ITA= International Trade Administration; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.] FCA= False Claims Act case] Date of Release Subject 02-01-18 'Operation Team Player' nets over $15 million in fake sports merchandise (ICE, CBP, Minneapolis PD) 2 men indicted for scheme to export firearms to Kurds in Iraq (DOJ, ICE) 02-02-18 Chinese National Pleads Guilty to Conspiracy and Trafficking of Counterfeit Apple Goods Into the United States (DOJ, ICE, Europol, Guardia di Finanza, Local DA) 02-05-18 Commerce Department Moves Against Illicit Iran Aircraft Network (BIS) 02-06-18 Home Furnishings Resource Group Inc. Agrees to Pay $500,000 to Settle False Claims Act Allegations Relating to Evaded Customs Duties (DOJ, CBP, ITA) 02-08-18 (F) Over 15,500 kilograms of contraband tobacco seized at the Peace Bridge port of entry (CBSA) 02-12-18 5 former government officials from Venezuela charged in Houston federal court with money laundering scheme involving foreign bribery (DOJ, ICE, Spanish authorities, IRS, Swiss Justice Office) 02-13-18 British Luxury Knitwear Retailer and CEO Agree to Pay $908,100 to Settle False Claims Act Allegations Concerning Improper Avoidance of Customs Duties (FCA qui tam; DOJ, CBP) In Time for Valentine’s Day — CBP Seizes $31 Million in Fake Perfume 02-15-18 CBP and Procter & Gamble Partner to Prevent Counterfeit P&G Products from Entering US 02-16-18 'Operation Team Player' nets over $15 million in fake sports merchandise (DOJ, FBI, BIS) CBP Intercepts Ancient Artifacts at Miami International Airport 02-23-18 2 Los Angeles-area men arrested in scheme to defraud US by avoiding payment of federal excise taxes on cigarettes (DOJ, ICE, ATF, IRS, TTB) 02-27-18 Port St. Lucie man indicted on weapons charges (DOJ, ICE, ATF, CBP, Brazilian Customs, Rio de Janeiro PD, Brazil Fed. Prosecutor) Newsletters, Reports, Articles, Etc. Baker & McKenzie Global VAT/GST Newsletter Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are: • Jochen Meyer-Burrow, Partner, [email protected] • Martin Morawski, Associate, [email protected] Publications, Alerts, Newsletters The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you: Baker McKenzie International Trade Compliance Update | March 2018 93 Subject International Trade, Tax and Anti-corruption Global International Trade Compliance Update – February 2017 {older issues} Brexit Daily Updates Global Automotive Group Client Alert: NAFTA In Play: The State of Play Following the Sixth Round of Negotiations Client Alert: EU: Future restrictions in the use of transfer pricing for customs valuation? Compliance & Investigations Client Alert: Litigation Privilege: A departure from the ENRC? Mexico Client Alert 16 – Antidumping News – January/February 2018 (Eng.); Noticias Antidumping – Enero/Febrero 2018 (Span.) Other areas DigitalMedia Alert Newsletter – February 2018 Asia-Pacific Competition Quarterly Newsletter (February 2018) Colombia Baker News: New extension of deadlines to register databases in the National Database Registry and exclusion of certain parties from the database registration obligation. Myanmar IP Bills Advance to People's Parliament Turkey Information Technology/Communications Legal Alert: Internet Law: New Regulations On The Way (Eng.); Bilgi Teknolojileri / İletişim Mevzuat Değişikliği: İnternet Hukuku: Yeni Düzenlemeler Yolda (Turk.) Global Aviation: Airport Privatization Round-Up February 2018 Mexico Information Technology & Communications Client Alert: The Federal Institute of Telecommunications approves the bidding of radio spectrum available in the frequency band 2500-2690 MHz. (Eng.); El Instituto Federal de Telecomunicaciones aprueba la convocatoria para la licitación de espectro radioeléctrico en la banda de frecuencias 2500- 2690 MHz. (Span.) EMEA Healthcare Industry Group Newsletter – January/February 2018 The Global Employer Magazine 2018 Horizon Scanner Digital Media Alert Newsletter | February 2018 Webinars, Meetings, Seminars, Etc. We are very pleased to announce our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continuing Challenges in Global Trade”. The series will include the latest international trade developments including the impact of the Trump presidency on trade policy, TPP and of Brexit. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Human Rights, Forced Labor, and Ethical Supply Chains. This year, we will again expand our usual program to include our Customs Academy, which will feature 6 “Customs 101” webinars ( highlighted in green below). The Customs 101 program will be primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office, will moderate these webinars and be joined by experts from across our global network. Baker McKenzie International Trade Compliance Update | March 2018 94 All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link: www.timeanddate.com. If you miss a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this new link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation. January 30 Human Rights, Forced Labor, and Ethical Supply Chains: Best Practices for Managing Growing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto) To register for this complimentary webinar series, click on the REGISTER NOW button and provide your information. You can register for one or all webinars. We hope you will participate in and enjoy this exciting webinar series! Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermckenzie.com These webinars are all complimentary. Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15- 12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. January 30 February 27 Customs Basic: How to Classify Your Products Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta) March 27 Hot Topics in US, European, and Asian Export Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), and Alex Lamy (DC) April 24 Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto) May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Nicole Looks (Frankfurt) and Jenny Revis (London) June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cowley (Hong Kong) and Brian Cacic (Toronto) July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Terrie Gleason (San Francisco), Stu Seidel (DC) and Jenny Revis (London), and Fred Burke (Ho Chi Minh) August 28 Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East) September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mexico), Nicole Looks (Frankfurt), and Meredith DeMent (DC) October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers: Manuel Padron (Juarez), Alessandra Machado (Sao Paolo), and Esteban Ropo- Baker McKenzie International Trade Compliance Update | March 2018 95 lo (Buenos Aires) Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong) December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara) RECORDED SESSIONS FROM OUR ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 14 November 2017 – Year-End Review of Import/Export Developments (Export Day) AM Sessions Recording – • Export Control Developments in the United States and European Union • Encryption Export Controls and Cloud Computing: A Comparative Analysis • United States Economic Sanctions Update & Russian Response to US Sanctions PM Sessions Recording – • Economic Sanctions: A Comparative Analysis • Export Enforcement (panel format did not include slides) • Export Control Developments in the Asia Pacific Region • Arab States Boycott of Qatar and the Implications Under the United States AntiBoycott Regulations 15 November 2017 – Year-End Review of Import/Export Developments (Import Day) AM Sessions Recording – • The Current International Trade Environment: Challenges to Globalization and its Impact on the Supply Chain • Trade Policies and Initiatives Under the Trump Administration • The NAFTA Renegotiation: A Multinational Perspective • United States and Canadian Customs Regulatory Update PM Sessions Recording – • European Union Customs and Trade Developments • Emerging Impediments to the Import of IT Products into China • Latin American Trade Developments Baker McKenzie International Trade Compliance Update | March 2018 96 2017 Global Trade and Supply Chain Webinar Series “2017: Beginning of a New Era in Global Trade and Business?” Our 14th annual, Global Trade and Supply Chain Webinar Series entitled, “2017: Beginning of a New Era in Global Trade and Business?” includes the latest international trade developments including the impact of the Trump presidency on trade policy and of Brexit. In addition to our usual topics of Customs, export controls/sanctions and FCPA/anti-bribery, the 2017 series also covers data privacy and intellectual property in the supply chain. In 2017, we expanded our usual program to launch our Customs Academy, featuring 6 “Customs 101” webinars (indicated in green). The Customs 101 program is primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco office and Head of the Firm’s Global Customs Focus Group, and Jenny Revis, Of Counsel in the London office, will moderate these webinars and be joined by experts from across our global network. All webinars begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link: www.timeanddate.com. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted. Webinar Dates and Topics: January 31 Major Customs Developments in North America and Asia Speakers: Stu Seidel (Washington, DC), Brian Cacic (Toronto), Eugene Lim (Singapore), and Adriana Ibarra-Fernandez (Mexico City) February 28 Customs Basic: How to Classify Your Products Speakers: Daniel Lund (London), Jose Hoyos-Robles (Mexico City), and Eunkyung Shin (Chicago) March 28 New Era of Protectionism? – Trump Presidency and Brexit Developments Speakers: Terrie Gleason and Stu Seidel (Washington DC), Ross Denton and Jessica Mutton (London) April 25 Customs Basic: How to Value Your Products Speakers: Nicole Looks (Frankfurt), Eugene Lim (Singapore), Paul Burns (Toronto), and Daniel Sanchez-Elizondo (GuadaWebinar Start Time: 08:00 AM (Pacific) 10:00 AM (Central) 11:00 AM (Eastern) *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Focus Group Head: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 [email protected] These webinars area all complimentary. Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15- 12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Baker McKenzie International Trade Compliance Update | March 2018 97 lajara) May 23 Impact on Sanctions: Trump Administration’s Effects on US, EU, and Russian Sanctions Speakers: Alexander Bychkov (Moscow), Ben Smith (London), Alex Lamy (Washington, DC) and Alison Stafford Powell (Palo Alto) June 27 Customs Basic: Determining the Origin of Your Products Speakers: Olivia Colville (Chicago), Jessica Mutton (London), and Adriana Ibarra-Fernandez (Mexico City) July 25 Major Developments in Data Privacy Laws – US, Canada and EU Speakers: Brian Hengesbaugh (Chicago), Dean Dolan (Toronto), Dyann Heward-Mills (London), Michael Egan (Washington, DC) August 22 Customs Basic: Reducing your Duty Liability Through the Use of Customs Procedures Speakers: Roger van de Berg (Amsterdam), Eunkyung Kim Shin (Chicago), Manuel Padron-Castillo (Juarez), and Panya Sittisakonsin (Bangkok) September 19 Intellectual Property Considerations and Issues in Your Supply Chain Speakers: Gary Shapiro (San Francisco), Lothar Determann (Palo Alto), Jochen Herr (Munich), Isabella Liu, Kei Matsumoto, Flavia, Rabello October 24 Customs Basic: What You Need to Know about Customs in the EU, Russia and China Speakers: Mariacristina Scarpa and Giulia Bettarini (Milan), Alexander Brychov and Vladimir Efremov (Moscow), and Frank Pan (Shanghai) November 28 Major Developments in FCPA/AntiBribery Regulation Speakers: John McKenzie (San Francisco), Mini vandePol (Hong Kong), and Peter Tomczak (Chicago) December 19 Customs Basic: What You Need to Know about Customs in the US, Mexico and Brazil Speakers: Alejandro Martinez-Galindo (Guadalajara), Alessandra S. Machado (Sao Paulo), Meredith DeMent (Washington, DC), and Meghan Hamilton (Chicago) Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars. We hope you will participate in and enjoy this exciting webinar series! Interested in learning more? 2016 International Trade Compliance Webinar Series Our 13th annual, International Trade Compliance Webinar Series entitled, “TPP and New Developments in Global Trade” had several sessions covering the Trans-Pacific Partnership (TPP), as well as sessions covering key developments in customs, export and FCPA. All webinars run approximately 90 minutes. If you missed a webinar, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted. Due to a redesign of our website, previous links are no longer valid. Recorded Webinars: Date Topic Presented January 26 Overview of the Trans-Pacific Partnership (TPP) Speakers: Frederick Burke (Ho Chi Minh City), Miguel Noyola (Chicago), Eugene Baker McKenzie International Trade Compliance Update | March 2018 98 Lim (Singapore), and Elizabeth Nightingale (Kuala Lumpur). Presented February 16 The Trans-Pacific Partnership (TPP) and Labor and Environment Speakers: Frederick Burke (Ho Chi Minh City) and Thuy Hang Nguyen (Ho Chi Minh City). Presented March 29 Customs Considerations in Free Trade Agreements, Including TPP and NAFTA Speakers: Adriana Ibarra (Mexico City), Stuart Seidel (Washington, DC), and Meredith DeMent (Washington, DC). Presented April 19 The Latest on Trade Sanctions: Iran, Russia, and Other Developments Speakers: Steven Hill (Washington, DC), Philippe Reich (Zurich), Alexander Bychkov (Moscow), and Ben Smith (London). Presented May 24 Cuba Sanctions Developments and Updates Speakers: Alison Stafford-Powell (Palo Alto), Alexandre Lamy (Washington, DC), Brian Cacic (Toronto), and Julia Pfeil (Frankfurt). Presented June 21 FCPA Considerations Arising in Import/Export Operations Speakers: John McKenzie (San Francisco), Joan Meyer (Washington, DC) and Mini vandePol (Hong Kong). Presented July 26 Update on Customs Valuation Issues Around the World – Transfer Pricing, First Sale, Royalties Speakers: Paul Burns (Toronto), Nicole Looks (Frankfurt), Jennifer Revis (London), and Eugene Lim (Singapore). Practice Group Co-Chair: Teresa A. Gleason, Co-Chair, Global Customs and FTA Practice (San Francisco, CA), Tel: +1 415 576 3021, [email protected] Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez, Business Development Specialist, Tel: +1 202 835 1661 or [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credit. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This non-transitional program is not appropriate for newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. WTO TBT Notifications Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of “notifications” to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison. Country Notification Date Issued Final Date for Comments Merchandise Covered Argentina ARG/330 01/30/2018 Not given Household cleaning products Argentina ARG/311/Add.1 02/16/2018 Not given Household microwave ovens Baker McKenzie International Trade Compliance Update | March 2018 99 Country Notification Date Issued Final Date for Comments Merchandise Covered Bolivia BOL/9 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Brazil BRA/716/Add.1 01/31/2018 Not given Tobacco products Brazil BRA/789 02/08/2018 02/26/2018 Telecommunications products (HS 8517) telephone sets including telephones for cellular networks or for other wireless networks. Other apparatus for the transmission or reception of vice, images, or other data including apparatus for communication in a wired or wireless network, etc. Brazil BRA/559/Add.5 02/23/2018 Not given Parts and accessories of vehicles of headings (HS 8711 to 8713, 8714) Brazil BRA/790 02/22/2018 03/22/2018 Parts & accessories for motor cycles/cycles (HS 8714) Brazil BRA/791 02/22/2018 03/23/2018 Parts & accessories for motor cycles/cycles (HS 8714) Brazil BRA/792 2/23/2018 03/23/2018 Parts & accessories for motor cycles/cycles (HS 8714) Canada CAN/542 02/05/2018 03/28/2018 Radiocommunications Canada CAN/471/Add.2/ Corr.1 02/07/2018 Not given Prescription status of medicinal ingredients for human use (HS 3004.90) Canada CAN/543 02/13/2018 04/26/2018 Prepackaged products Canada CAN/516/Add.1 02/19/2018 Not given Prescription status of medicinal ingredients for human use (HS 3004.90) Chile CHL/253/Add.1 02/26/2018 Not given Portable fire extinguishers China CHN/1259 01/31/2018 04/01/2018 Drugs (HS 30) Colombia COL/225/Add.1 01/31/2018 Not given Electronic taximeters (90.29.10.10.00) Colombia COL/226/Add.1 01/31/2018 Not given Breathalysers (90.27.80.90.00 and 90.27.10.90.00) Colombia COL/133/Add.2 02/12/2018 Not given Honey Colombia COL/231 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Costa Rica CRI/172 02/20/2018 04/21/2018 Matured cheese Costa Rica CRI/173 02/23/2018 04/24/2018 Hydrocarbon Dominican Republic DOM/226 02/21/2018 04/22/2018 Milk and milk products Ecuador ECU/338 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Ecuador ECU/81/Rev.1 02/20/2018 Not given Dummies/pacifiers for babies and young children Ecuador ECU/206/Add.3 02/23/2018 Not given Oil filters, diesel and petrol filters, and intake air filters for internal combustion engines (HS 8421.23.00.10, 8421.23.00.90 and 8421.31.00.00) Egypt EGY/2/Add.5 02/21/2018 Not given Food products Egypt EGY/3/Add.12 02/21/2018 Not given Chemical, textile and engineering products Egypt EGY/3/Add.13 02/21/2018 Not given Chemical, textile and engineering products Egypt EGY/68/Add.4 02/21/2018 Not given Energy efficiency label for air conditioners Egypt EGY/84/Add.2 02/21/2018 Not given Beverages Egypt EGY/133/Add.1 02/21/2018 Not given LED lamps (bulbs) Baker McKenzie International Trade Compliance Update | March 2018 100 Country Notification Date Issued Final Date for Comments Merchandise Covered Egypt EGY/164/Add.1 02/21/2018 Not given Toys Egypt EGY/165/Add.1 02/21/2018 Not given Equipment for children - Child use and care articles Egypt EGY/179 02/21/2018 04/22/2018 Hoses Egypt EGY/180 02/21/2018 04/22/2018 Ophthalmic equipment Egypt EGY/181 02/21/2018 04/22/2018 Water of natural resources Egypt EGY/182 02/21/2018 04/22/2018 Toys Egypt EGY/183 02/21/2018 04/22/2018 Toys Egypt EGY/184 02/21/2018 04/22/2018 Furniture Egypt EGY/185 02/21/2018 04/22/2018 Toys Egypt EGY/186 02/21/2018 04/22/2018 Lamps and related equipment Egypt EGY/187 02/21/2018 04/22/2018 Precious metals, jewellery Egypt EGY/188 02/21/2018 04/22/2018 Ophthalmic equipment Egypt EGY/189 02/21/2018 04/22/2018 Sterilizing equipment El Salvador SLV/199 02/20/2018 04/21/2018 Matured cheese European Union EU/538 02/01/2018 04/02/2018 Certain carcinogenic, mutagenic or toxic for reproduction (CMR) 1A and 1B substances, listed in Appendix 12, in clothing, related accessories, textiles other than clothing which, under normal or reasonably foreseeable conditions of use, come into contact with human skin to an extent similar to clothing and footwear. European Union EU/539 02/08/2018 04/09/2018 Food European Union EU/540 02/08/2018 04/09/2018 Food European Union EU/541 02/08/2018 04/09/2018 Electrical and electronic equipment European Union EU/542 02/16/2018 05/17/2018 Products covered by Union harmonisation legislation, according to the Annex to the proposed Regulation European Union EU/384/Add.2 02/19/2018 Not given Biocidal active substances European Union EU/543 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/544 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/545 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/546 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/547 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/548 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/549 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/550 02/20/2018 04/21/2018 Electrical and electronic equipment Baker McKenzie International Trade Compliance Update | March 2018 101 Country Notification Date Issued Final Date for Comments Merchandise Covered European Union EU/551 02/26/2018 04/27/2018 Fruit and vegetables (HS codes: 080810; 0805; 081050; 0705; 080930; 080830; 081010; 070960; 080610; 070200 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled. (HS 0705), Tomatoes, fresh or chilled. (HS 0702), Citrus fruit, fresh or dried. (HS 0805), Apples, pears and quinces, fresh. (HS 0808) - Fruits of the genus Capsicum or of the genus Pimenta (HS 070960) - Peaches, including nectarines (HS 080930) - Strawberries (HS 081010) - Kiwifruit (HS 081050) - Fresh (HS 080610)) Guatemala GTM/95 02/14/2018 04/15/2018 Matured cheese Honduras HND/91 02/21/2018 04/22/2018 Matured cheese Hong Kong, China HKG/50 02/08/2018 04/09/2018 Water Closets (HS 3922 9000) Indonesia IDN/43/Add.3 01/31/2018 Not given Steel wire (HS 7312.10, 7217, 7228, 7229) Indonesia IDN/118 01/31/2018 04/01/2018 Bead Wire (HS 7217.30.11; 7217.30.21; 7217.30.34; 7217.90.90, 7229.90.20) Israel ISR/999 02/16/2018 04/17/2018 Metal wedge gate valve (HS 8481) Israel ISR/1000 02/16/2018 04/17/2018 Water meters (HS 9026, 902820) Israel ISR/1001 02/16/2018 04/17/2018 Water meters (HS 9026, 902820) Israel ISR/1002 02/16/2018 04/17/2018 Domestic electrical cooking appliances (HS 8516) Israel ISR/720/Rev.1 02/20/2018 Not given Medical electrical equipment (HS 9018) Israel ISR/721/Rev.1 02/20/2018 Not given Medical electrical equipment (HS 9018) Israel ISR/869/Add.1 02/19/2018 Not given Protective clothing (HS 61, 62, 63) Israel ISR/930/Rev.1 02/19/2018 Not given Mattresses and bumpers for infants (HS 9404) Israel ISR/1003 02/19/2018 04/20/2018 Protective clothing (HS 61, 62, 63) Israel ISR/1004 02/19/2018 04/20/2018 Protective gloves (HS 6116, 6216, 392620, 401519, 420329) Israel ISR/1005 02/20/2018 04/21/2018 Personal eye protection (HS 900490) Japan JPN/586 02/22/2018 03/22/2018 Pharmaceutical products (HS 30) Kenya KEN/629 01/31/2018 03/12/2018 Warehousing and storage Kenya KEN/630 01/31/2018 03/10/2018 Slaughter house Kenya KEN/631 01/31/2018 03/17/2018 Cashew Kernels Kenya KEN/632 01/31/2018 03/17/2018 Roasted Cashew Kernels Kenya KEN/633 01/31/2018 03/17/2018 Roasted Macadamia Kenya KEN/634 02/01/2018 03/10/2018 Virgin coconut oil Kenya KEN/635 02/14/2018 03/22/2018 Fermented (cultured) milks Kenya KEN/636 02/14/2018 03/22/2018 Cheese Baker McKenzie International Trade Compliance Update | March 2018 102 Country Notification Date Issued Final Date for Comments Merchandise Covered Kenya KEN/638 02/14/2018 03/22/2018 Dairy creams and prepared creams Kenya KEN/639 02/14/2018 03/22/2018 Ice cream and ice confectionery Kenya KEN/640 02/14/2018 03/22/2018 Mozzarella cheese Kenya KEN/641 02/16/2018 03/22/2018 Milk and processed milk products Kenya KEN/642 02/16/2018 03/22/2018 Cheese Korea, Republic of KOR/752 02/22/2018 04/23/2018 Consumer Products Liberia LBR/1 02/14/2018 04/15/2018 Coffee and cocoa (HS 0901-21.0065; 18010000) Lithuania LTU/6/Rev.1 02/06/2018 Not given Construction products Lithuania LTU/6/Rev.1/Cor r.1 02/08/2018 Not given Construction products Lithuania LTU/31 02/08/2018 04/09/2018 Construction products Mexico MEX/358/Add.1 02/01/2018 Not given Digital interfaces Mexico MEX/390 02/06/2018 03/02/2018 Yoghurt (HS 04031001) Mexico MEX/391 02/06/2018 04/02/2018 Milk powder or dried milk Mexico MEX/392 02/08/2018 03/1/2018 Products relating to the practice of anesthesiology Mexico MEX/235/Add.4 02/08/2018 Not given Habanero chilies (HS 0709.60) Mexico MEX/365/Add.1 02/08/2018 Not given Anti-pollution equipment (98.06.00.02) Mexico MEX/367/Add.1 02/09/2018 Not given Equipment and material required for the design, construction, pre-start up, operation, maintenance, closure and dismantling of service stations selling liquefied petroleum gas to the public. Requirements relating to industrial safety, operational safety, and environmental protection (HS 940180) Mexico MEX/393 02/08/2018 04/1/2018 Products relating to the functioning of clinical laboratories Mexico MEX/394 02/13/2018 04/14/2018 Subsonic jet, propeller and supersonic airplanes and helicopters (National tariff heading 880240) Mexico MEX/235/Add.5 02/26/2018 Not given Habanero chilies (HS 0709.60) Mexico MEX/279/Add.3 02/21/2018 Not given Vehicles other than railway or tramway rollingstock, and parts and accessories thereof (HS 87) Mexico MEX/321/Add.1 02/21/2018 Not given Natural gas, ethane, biogas and coal-associated gas (heading 2711) Mexico MEX/358/Add.2 02/21/2018 Not given Digital interfaces Mexico MEX/365/Add.2 02/21/2018 Not given Anti-pollution equipment (98.06.00.02) Mexico MEX/395 02/21/2018 04/22/2018 Cheese Moldova MDA/35 02/23/2018 04/24/2018 Electromagnetic equipment Moldova MDA/36 02/23/2018 04/24/2018 Pressure equipment Moldova MDA/37 02/23/2018 04/24/2018 Cableway installations Moldova MDA/38 02/23/2018 04/24/2018 Toys Moldova MDA/39 02/23/2018 04/24/2018 Market surveillance activities, general safety/security of all products Moldova MDA/40 02/23/2018 04/24/2018 Conformity assessment and accreditation activity Baker McKenzie International Trade Compliance Update | March 2018 103 Country Notification Date Issued Final Date for Comments Merchandise Covered Moldova MDA/41 02/23/2018 04/24/2018 Technical regulation activity Moldova MDA/42 02/23/2018 04/24/2018 Metrology activities Moldova MDA/43 02/23/2018 04/24/2018 Standardization activities Moldova MDA/44 02/23/2018 04/24/2018 Market surveillance activities Moldova MDA/45 02/23/2018 04/24/2018 Measuring instruments Moldova MDA/46 02/23/2018 04/24/2018 Non-automatic weighing devices Moldova MDA/47 02/23/2018 04/24/2018 All defective products Moldova MDA/48 02/23/2018 04/24/2018 Simple pressure vessels Moldova MDA/49 02/23/2018 04/24/2018 Legal units of measurement Moldova MDA/50 02/23/2018 04/24/2018 Measuring instruments and methods of metrological control Mozambique MOZ/13 02/06/2018 04/07/2018 Dangerous goods Nicaragua NIC/157 02/21/2018 04/22/2018 Matured cheese Oman OMN/343 02/01/2018 04/02/2018 Safety requirements for electric vehicles Panama PAN/95 02/01/2018 03/22/2018 Drinking Water Panama PAN/96 02/21/2018 04/22/2018 Matured cheese Peru PER/100 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Philippines PHL/196/Rev.1 02/06/2018 Not given Household and Similar Electrical Appliances whether locally manufactured/assembled or imported Philippines PHL/202 02/06/2018 Not given Lamps and related equipment Saudi Arabia SAU/1039 02/14/2018 04/15/2018 Products accepted in the Small-Scale Solar PV Systems Regulations. Saudi Arabia SAU/1040 02/21/2018 04/22/2018 Products accepted in the Small-Scale Solar PV Systems Regulations. 854140000000; 854140000001; 854140000002; 854140000003; 854140009999; 854150000000; 854190000000 South Africa ZAF/224/Add.1 02/12/2018 Not given Fish and crustaceans, molluscs and other aquatic invertebrates (HS 03) Spain ESP/37 02/06/2018 04/07/2018 Live animals (HS code 01.06) Taiwan Economy TPKM/315 02/01/2018 04/02/2018 Active pharmaceutical ingredients (APIs) Taiwan Economy TPKM/303/Add. 1 02/06/2018 Not given Ready mixed paint (synthetic resin type), enamel, solvent-base masonry paint and emulsion paint Taiwan Economy TPKM/301/Add. 1 02/08/2018 Not given Lighters Taiwan Economy TPKM/285/Rev. 1 02/16/2018 Not given Imported Foods and Related Products Taiwan Economy TPKM/316 02/21/2018 04/22/2018 Toxic chemical substances (Please refer to attachment) Taiwan Economy TPKM/304/Add. 1 02/23/2018 Not given Fire-retardant paints for buildings Taiwan Economy TPKM/307/Add. 1 02/23/2018 Not given Voltage reducing devices for AC arc welding equipment (HS Chapters 85) Tanzania TZA/128 02/05/2018 04/06/2018 Chicken meat Baker McKenzie International Trade Compliance Update | March 2018 104 Country Notification Date Issued Final Date for Comments Merchandise Covered Tanzania TZA/129 02/05/2018 04/06/2018 Corned beef Tanzania TZA/130 02/05/2018 04/06/2018 Dressed poultry Tanzania TZA/131 02/05/2018 04/06/2018 Dried meat Tanzania TZA/132 02/05/2018 04/06/2018 Hatching eggs Tanzania TZA/133 02/05/2018 04/06/2018 Pork carcasses and cuts Tanzania TZA/134 02/05/2018 04/06/2018 Sausages Tanzania TZA/135 02/05/2018 04/06/2018 Table eggs Uganda UGA/808 02/05/2018 04/06/2018 Baking powder (HS 210230) Uganda UGA/809 02/05/2018 04/06/2018 Saccharin (food grade) (HS 292511) Uganda UGA/810 02/05/2018 04/06/2018 Aspartame Uganda UGA/811 02/22/2018 04/23/2018 Beeswax, Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured (HS 1521) United Arab Emirates ARE/402 02/16/2018 04/17/2018 All product(s) being evaluated and approved for the UAE Product Certification Scheme (ECAS) United Kingdom GBR/29 02/01/2018 05/02/2018 Cosmetics and Personal Care products United Kingdom GBR/30 02/05/2018 05/06/2018 Rinse off personal care products containing microbeads United Kingdom GBR/31 02/19/2018 04/20/2018 Motor vehicles: cars, buses, trucks and their trailers, including the labels and promotional material associated with cars United States USA/1186/Rev.1 02/05/2018 Not given Phthalates United States USA/1256/Corr. 3 02/05/2018 Not given Enhanced flight vision systems United States USA/1315/Add.1 02/05/2018 Not given Toys and child care articles containing phthalates (HS 95) United States USA/1335 02/05/2018 02/14/2018 Motor fuel United States USA/1336 02/05/2018 03/05/2018 Energy efficiency United States USA/1337 02/05/2018 03/27/2018 Air emission sources United States USA/1338 02/05/2018 02/23/2018 Handgun and firearm safety (HS 9302, 9303, 9304, 9305) United States USA/827/Rev.2/ Add.3 02/12/2018 Not given Formaldehyde emissions, composite wood products United States USA/1172/Add.2 02/12/2018 Not given Natural gas United States USA/1273/Add.2 02/12/2018 Not given Fireworks (HS 3604) United States USA/1339 02/12/2018 02/23/2018 Oxazolidine, 3,3'-methylenebis[5-methyl United States USA/1237/Add.1 02/16/2018 Not given Treated railroad ties United States USA/1324/Add.1 02/19/2018 Not given Aircraft Baker McKenzie International Trade Compliance Update | March 2018 105 CBSA Advance Rulings No new advance rulings were posted by the Canada Border Services Agency (CBSA) during the past month. In September of 2014, the CBSA enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site, so please check next month. It is important to note that rulings are binding only between the CBSA and the applicant. While posted rulings are for reference purposes only, they provide meaningful guidance and help other importers in complying with Canada's trade legislation. Click on the “Merchandise” listing to see full text of the posted ruling. CBP Rulings: Downloads and Searches As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 190,000 such rulings are in the database. CBP Rulings: Revocations or Modifications The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise. Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) Proposed Revocations/modifications (P) 02-21-18 Tariff classification of radio remote controllers for video game consoles. NY L83006 (R) NY M86614 (M) NY N118298 (R) NY N143476 (R) 9405.10.0000 HQ H235178 8526.92.10 [GRI 1,6; Chap. 95 N. 1(m), 3; (C) 03-23-18 Tariff classification of trampoline safety enclosure NY R03134 (R) 9506.99.6080 HQ H292029 9506.91.0030 [GRI 1, 6; Chap. 95 LN 3; EN95.06] Tariff classification of JumpSmart Trampoline. NY N012532 (R) 9503.00.0080 HQ H212596 9506.91.0030 [GRI 1, 6; EN 95.03; 9506] Revocations/Modifications (A) 02-21-18 Tariff classification of a handbag and tote bag with a coin purse, spectacle case, and identification card case NY N024929 (R) 4202.22(bag) 4202.92(tote) 4202.32 HQ H263986 A set 4202.22.8100 or 4202.92.3131 [GRI 1, 6 and 3(b); ENs] (E) 04-23-18 Tariff classification of Aliskiren Hemifumarate NY N180809 (R) NY N043304 (M) 2924.29.62 HQ H202562 Eligible for duty free treatment under General Note 13, HTSUS; EN 29.24 Tariff classification of wooden furniture (chest) NY N104737 (M) 9403.50.90 [all 3 pieces] HQ H245888 9403.50.90 [2 pieces] 9403.60.80 [GRI 1, 6; Chap 94, N.2; AUSRI Baker McKenzie International Trade Compliance Update | March 2018 106 Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) 1(a); EN 94.03] Chest European Classification Regulations The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update. Commission Implementing Regulation Description of the goods Classification (CN code) Reasons (EU) 2018/220 of 09-02-18 A mechanical appliance (so-called ‘manual spreader’) consisting of a steel structure, a plastic tank with a canvas lining of a volume of approximately 60 litres, a rotation spreader at the bottom, and two pneumatic tyres. It is designed for distribution (spreading/ dispersing through rotation) of fertilisers, sand, seeds, salt etc. The distribution volume can be adjusted by the grip. It is suitable for regular maintenance of large areas. See image, which is purely for information. 8424 89 70 Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 84, and by the wording of CN codes 8424 , 8424 89 and 8424 89 70 . The appliance answers to the description under heading 8424 (dispersing of sand and salt) and to the description under heading 8432 (fertiliser distributor and a seeder). It cannot be classified by virtue of Note 3 to Section XVI as it does not perform one principal function. In accordance with Note 2 to Chapter 84, an appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or other of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group (heading 8424 in this case). The appliance can be used both as an agricultural or horticultural appliance of subheading 8424 82 and as other appliances of subheading 8424 89 . Given its characteristics, neither of those functions is considered to be the principal function of the appliance within the meaning of Note 3 to Section XVI and neither of the two subheadings is considered to provide a more specific description. Consequently, the appliance is to be classified under the subheading that occurs last in numerical order. The appliance is therefore to be classified under CN code 8424 89 70 as other mechanical appliances for projecting, dispersing or spraying liquids or powders. (EU) 2018/267 of 19-02-18 1. A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of: — lavender oil, — peppermint oil, — citronellal, — sodium benzoate, 3302 90 90 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 33 and by the wording of CN codes 3302 , 3302 90 and 3302 90 90 . Classification under heading 3901 is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the Baker McKenzie International Trade Compliance Update | March 2018 107 Commission Implementing Regulation Description of the goods Classification (CN code) Reasons — a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)). The product is used as raw material for the incorporation of the essential oils during the plastic transformation process. The purpose is to prevent certain animals biting and damaging finished plastic products. essential oils. The essential oils are the main component and give the product its essential character (i.e. having repelling properties against rodents, termites and other animals). The product is therefore to be classified under CN code 3302 90 90 as other mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used as raw materials in industry. 2. A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of: — permethrin (ISO), — thymol oil, — eugenol oil, — citral oil, — denatonium benzoate, — benzoic acid derivatives, — lidocaine (INN), — a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)). The product is used as raw material for the incorporation of the insecticide during the plastic transformation process. The purpose is to prevent termites biting and damaging finished plastic products. 3808 91 10 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3808, 3808 91 and 3808 91 10. Classification under heading 3901 is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the insecticide. Classification under heading 3302 is excluded because there are only traces of essential oils (thymol, eugenol and citral) in the product. Therefore they are not contributing significantly to the essential character of the product. The insecticide (permethrin (ISO)) is the main component and gives the product its essential character (i.e. to act against termites). The product is therefore to be classified under CN code 3808 91 10 as insecticides based on pyrethroids. Amendments to the CN Explanatory Notes The table below shows amendments to the explanatory notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Update. Official Journal Page and CN code Description of Articles 2018/C 51/04 p.339; 8525.80 In the Explanatory notes to subheadings 8525 80 91, ‘Video camera recorders’ and 8525 80 99, a new paragraph is added after the existing text. 2018/C 55/04 p. 69; 1212.99 in the Explanatory note to CN subheading ‘1212 99 95 Other’, a new point is added at the end of the first paragraph Baker McKenzie International Trade Compliance Update | March 2018 108 Section 337 Actions In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C. §1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the importation of articles, importation and sale in the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337. Inv. № Commodity Action 337–TA–1003 Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order; Termination of the Investigation 337–TA–1028 Certain Mobile Device Holders and Components Thereof Commission’s Determination to Affirm a Domestic Industry Finding Under Modified Reasoning; Issuance of a General Exclusion Order; Issuance of Sixteen Cease and Desist Orders; Termination of the Investigation 337–TA–1031 Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same Notice of Request for Statements on the Public Interest 337–TA–1032 Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use with Same Commission’s Final Determination Finding No Violation of Section 337; Termination of the Investigation 337–TA–1036 Certain Magnetic Tape Cartridges and Components Thereof Notice of Request for Statements on the Public Interest 337–TA–1069 Certain Pool Spa Enclosures Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; Termination of the Investigation 337–TA–1079 Certain Shaving Cartridges, Components Thereof and Products Containing Same Commission Determination Not to Review an Initial Determination Terminating Investigation Based on a Settlement Agreement; Termination of the Investigation 337–TA–1099 Certain Graphics Processors and Products Containing the Same Institution of Investigation based on a complaint filed on behalf of ZiiLabs Inc., Ltd. alleging patent infringement 337–TA–1100 Certain Microfluidic Systems and Components Thereof and Products Containing Same Institution of Investigation based on a complaint filed on behalf of 10X Genomics, Inc. 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 3292 Certain Fuel Pump Assemblies Having Vapor Separators and Components Thereof Carter Fuel Systems, LLC DN 3293 Certain Light Engines and Components Thereof Lumencor, Inc. DN 3294 Certain Digital Video Receivers and Related Hardware and Software Components Rovi Corporation; Rovi Guides, Inc., Rovi Technologies Corporation; and Veveo, Inc. DN 3295 Certain Multi-Domain Test and Measurement Instruments Tektronix,, Inc. DN 3296 Certain Jump Rope Systems Products Jump Rope Systems, LLC DN 3297 Certain Clidinium Bromide and Products Containing Same Valeant Pharmaceuticals North America LLC and Valeant Pharmaceuticals International, Inc. Baker McKenzie International Trade Compliance Update | March 2018 109 Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.) Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value. United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action C–570–059 C–533–874 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From China and India CVD Orders A–580–894 Certain Tapered Roller Bearings From S. Korea Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures A–570–067 A–475–839 A–583–863 Forged Steel Fittings From China, Italy, and Taiwan Postponement of Preliminary Determinations in the LTFV Investigations A–583–861 Low Melt Polyester Staple Fiber From Taiwan Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures A–580–895 Low Melt Polyester Staple Fiber from S. Korea Preliminary Affirmative Determination of Sales at LTFV, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures C–570–923 Raw Flexible Magnets From China: Rescission of CVD Administrative Review; 2016 A–570–898 Chlorinated Isocyanurates From China Final Results of ADD Administrative Review; 2015-2016 A–122–853 Citric Acid and Certain Citrate Salts From Canada Preliminary Results of ADD Administrative Review; 2016-2017 A–822–806 A–821–824 A–520–808 Carbon and Alloy Steel Wire Rod From Belarus, the Russian Federation, and the United Arab Emirates Notice of Correction to ADD Orders A–201–830 Carbon and Certain Alloy Steel Wire Rod From Mexico Initiation of Anti-Circumvention Inquiry of ADD Order A–533–502 A–549–502 A–489–501 C–489–502 A–351–809 A–201–805 A–580–809 A–583–814 A–583–008 Certain Welded Carbon Steel Pipes and Tubes From India, Thailand, and Turkey; Certain Circular Welded Non-Alloy Steel Pipe from Brazil, Mexico, the Republic of Korea, and Taiwan, and Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan Continuation of ADD Orders and CVD Order C–570–072 Sodium Gluconate, Gluconic Acid and Derivative Products From China Postponement of Preliminary Determination in the CVD Investigation A–570–967 Aluminum Extrusions From China Preliminary Results of ADD Administrative Review and Rescission of Review in Part; 2016-2017 A–570–836 Glycine From China Final Results of the Changed Circumstances Review C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India Final Results of CVD Administrative Review; 2015 Baker McKenzie International Trade Compliance Update | March 2018 110 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–570–864 A–823–805 Silicomanganese From China and Ukraine Final Results of Expedited Fourth Sunset Reviews of the ADD Orders A–557–816 Certain Steel Nails From Malaysia Final Results of ADD Administrative Review; 2014-2016 A–520–804 Certain Steel Nails From the United Arab Emirates Rescission of 2016-2017 ADD Administrative Review A–489–815 Light-Walled Rectangular Pipe and Tube From Turkey Preliminary Results and Partial Rescission of ADD Administrative Review; 2016-2017 A–583–854 Certain Steel Nails From Taiwan Final Results of ADD Administrative Review and Partial Rescission of Administrative Review; 2015-2016 A–533–824 Polyethylene Terephthalate Film, Sheet, and Strip From India Final Results of ADD Administrative Review; 2015-2016 A–489–805 Certain Pasta From Turkey Final Results and Rescission of ADD Administrative Review; 2015- 2016 C–489–817 Oil Country Tubular Goods From Turkey Final Results of CVD Administrative Review A–570–890 Wooden Bedroom Furniture From China Final Results of ADD Administrative Review and Final Determination of No Shipments in Part; 2016 A–570–985 Xanthan Gum From China Final Results of the ADD Administrative Review and Final Determination of No Shipments; 2015-2016 A–201–837 Certain Magnesia Carbon Bricks From Mexico Rescission of ADD Administrative Review; 2016–2017 A–533–810 Stainless Steel Bar From India Final Determination of No Shipments; ADD Administrative Review; 2016-2017 C–351–846 Hot-Rolled Steel Products From Brazil Rescission of 2016 CVD Administrative Review A–570–920 Lightweight Thermal Paper From China Final Results of ADD Administrative Review; 2015-2016 C–533–882 C–570–078 C–580–898 C–489–834 Large Diameter Welded Pipe From India, China, S. Korea, and Turkey Initiation of CVD Investigations A–570–062 Cast Iron Soil Pipe Fittings From China Preliminary Affirmative Determination of Sales at LTFV, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination and Extension of Provisional Measures A–122–863 A–484–803 A–533–881 A–570–077 A–580–897 A–489–833 Large Diameter Welded Pipe From Canada, Greece, India, China, S. Korea, and Turkey Initiation of LTFV Investigations A–201–805 Certain Circular Welded Non-Alloy Steel Pipe From Mexico Notice of Court Decision Not in Harmony with Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision A–412–824 Certain Cold-Rolled Steel Flat Products from the United Kingdom Rescission of ADD Administrative Review; 2016-2017 A–351–852 A–560–832 A–580–896 A–535–905 A–583–862 Polyethylene Terephthalate Resin from Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan Postponement of Preliminary Determinations of ADD Investigations C–570–080 Cast Iron Soil Pipe From China Initiation of CVD Investigation A–570–905 Certain Polyester Staple Fiber From China Final Results of Expedited Sunset Review of the ADD Order A–570–079 Cast Iron Soil Pipe From China Initiation of LTFV Investigation C–549–836 C–570–070 Rubber Bands From Thailand, China, and Sri Lanka Initiation of CVD Investigations Baker McKenzie International Trade Compliance Update | March 2018 111 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action C–542–803 A–351–825 A–351–847 Stainless Steel Bar From Brazil; and Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil Correction to the Opportunity to Request Administrative Review Notice A–533–879 A–570–066 Polytetrafluoroethylene Resin From India and China Postponement of Preliminary Determinations in the LTFV Investigations A–570–069 A–542–802 A–549–835 Rubber Bands From Thailand, China, and Sri Lanka Initiation of LTFV Investigations A–428–820 Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe from Germany Continuation of ADD Order United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1103 Certain Activated Carbon From China (Second Review) Institution of a Five-Year Review 701–TA–597 731–TA–1407 Cast Iron Soil Pipe From China (Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–747 Fresh Tomatoes From Mexico (Fourth Review) Institution of a Five-Year Review 731–TA–921 Folding Gift Boxes From China (Third Review) Institution of a Five-Year Review 701–TA–581 731–TA–1374-1376 Citric acid and Certain Citrate Salts from Belgium, Colombia, and Thailand (Final) Scheduling of the Final Phase of CVD and ADD Investigations 701–TA–598–600 731–TA–1408–1410 Rubber Bands From China, Sri Lanka, and Thailand (Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–1353, 1356 Carbon and Certain Alloy Steel Wire Rod From South Africa and Ukraine (Final) Supplemental Schedule for the Subject Investigations 701–TA–585-586 731–TA–1383-1384 Stainless Steel Flanges From China and India (Final) Scheduling of the final phase of CVD and ADD investigations 701–TA–442 731–TA–1095–1096 Lined Paper School Supplies From China and India (Second Review) Determinations that revocation of the CVD order from India and the ADD orders would be likely to lead to continuation or recurrence of material injury to an industry in the US within a reasonably foreseeable time. 701–TA–592 731–TA–1400 Plastic Decorative Ribbon From China (Preliminary) Determinations that there is a reasonable indication that an industry in the US is materially injured by reason of imports that are alleged to be sold in the US at LTFV and to be subsidized by the government of China 701–TA–578 731–TA–1368 100- to 150-Seat Large Civil Aircraft From Canada (Final) Determinations that an industry in the US is not materially injured or threatened with material injury, and the establishment of an industry in the US is not materially retarded, by reason of imports that have been found by Commerce to be sold in the US at LTFV and to be subsidized by the government of Canada 731–TA–709 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Germany (Fourth Review) Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material injury to an industry in the US within a reasonably foreseeable time. 701–TA–582 731–TA–1377 Ripe Olives From Spain (Final) Scheduling of the Final Phase of CVD and ADD Investigations 701–TA–481 731–TA–1190 Crystalline Silicon Photovoltaic Cells and Modules From China (Review) Notice of Commission determinations to conduct full five-year reviews Baker McKenzie International Trade Compliance Update | March 2018 112 United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1378-1379 Low Melt Polyester Staple Fiber From Korea and Taiwan (Final) Scheduling of the Final Phase of ADD Investigations 731–TA–344 Tapered Roller Bearings From China (Fourth Review) Scheduling of a Full Five-Year Review 731–TA–891 Foundry Coke From China (Third Review) Cancellation of hearing for full five-year review 731–TA–1380 Tapered Roller Bearings From Korea (Final) Scheduling of the final phase of an ADD investigation Canadian International Trade Tribunal (CITT) Ref. Number Merchandise/Country Action NQ-2017-004 Copper pipe fittings originating in or exported from Vietnam Notice of Commencement of Inquiry NQ-2017-002 Certain carbon and alloy steel line pipe originating in or exported from S. Korea Finding that the dumping has caused injury to the domestic industry. Certain welded line pipe is excludes from its finding. RR-2017-001 Dumping and Subsidizing of Stainless Steel Sinks Originating in or Exported From China Order and reasons issued. Determination that, if the finding is rescinded, the likely resumption or continuation of the dumping and subsidizing of the subject goods will likely cause material injury to the domestic industry; finding continued RR-2017-002 Liquid Dielectric Transformators Public hearing 03-19-18 PI-2017-004 Dry Wheat Pasta Originating In or Exported From Turkey Preliminary Determination that there is evidence that discloses a reasonable indication that the dumping and subsidizing of the subject oods have caused or are threatening to cause injury to the domestic industry. NQ-2017-004 Copper pipe fittings originating in or exported from Vietnam Public hearing 04-23-18 Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country Action CPF2 2017 IN Certain copper pipe fittings originating in or exported from Vietnam Dumping and Subsidizing: Notice of Preliminary Determinations Statement of Reasons PP 2017 ER Certain steel piling pipe originating in or exported from China Dumping and Subsidizing: Expiry Review Decision Statement of Reasons GB 2018 RI Gypsum board originating in or exported from the USA, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories (Western Canada) Notice of Re-investigation PETR 2017 IN Certain polyethylene terephthalate resin (PET resin) exported to Canada from China, India, Oman and Pakistan Notice of Final Decisions: Provisional duties will continue to be applied on imports of dumped and subsidized subject goods until the CITT concludes its inquiry and issues its finding. However, provisional CVD on goods exported from Oman by Octal, and exported from Pakistan by Novatex and originating in or exported from Pakistan by all other exporters, will cease, and all provisional CVD paid or security posted on these goods, will be returned Baker McKenzie International Trade Compliance Update | March 2018 113 NAFTA Panels Ref. Number Merchandise/Country Action USA-CDA-2018-1904-03 (US) USA-CDA-2018-1904-03 (CA) Softwood Lumber from Canada Notice of Request for Panel Review of ITC Determinations USA-CDA-2018-1904-01 100- to 150-Seat Large Civil Aircraft from Canada Notice of Request for Panel Review of Final Affirmative CVD Determination USA-CDA-2018-1904-02 100- to 150-Seat Large Civil Aircraft from Canada Notice of Request for Panel Review of Final Determination of Sales at LTFV MEX-USA-2012-1904-01 Chicken legs and thighs originating in the USA Panel Decision confirming the Remand Report of the Investigating Authority Mexico - Ministry of Economy Ref. № Merchandise/Country Action 15/17 Short fiber polyester originating in the People's Republic of China, regardless of the country of export. Resolution by which the request of the interested party is accepted and the initiation of the AD investigation is declared European Union Ref. Number Merchandise/Country Action 2018/C 37/11 Biodiesel originating in Argentina Corrigendum to Notice of initiation of an anti-subsidy proceeding (EU) 2018/163 New and retreaded tyres for buses or lorries originating in China Making imports subject to registration (EU) 2018/186 Certain corrosion resistant steels originating in China Commission Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty 2018/C 48/06 Stainless steel wires originating in India Notice of the impending expiry of certain AD measures 09.11.2018 (EU) 2017/366 Corrigendum Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China Corrigendum to Commission Implementing Regulation imposing definitive CVD following an expiry review and terminating the partial interim review investigation (EU) 2017/1570 Corrigendum Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China Corrigendum to Commission Implementing Regulations imposing definitive CVD and ADD and repealing Implementing Decision confirming the acceptance of an undertaking offered in connection with the AD and AS proceedings for the period of application of definitive measures 2018/C 64/06 Bioethanol originating in the USA Notice of initiation of an expiry review of the anti-dumping measures (EU) 2018/260 Hand pallet trucks and their essential parts originating in China Commission Implementing Regulation terminating the investigation concerning the possible circumvention of AD measures by imports consigned from Vietnam, whether declared as originating in Vietnam or not (EU) 2018/49 Corrigendum Bicycles originating in China (extended to imports of bicycles consigned from, inter alia, Tunisia) Corrigendum to Commission Implementing Regulation amending Council Implementing Regulation (EU) No 501/2013 following a ‘new exporter’ review Turkey – Ministry of Economy Communique № Merchandise/Country Action 2018/1 3907.69.00.00.00 Safeguard investigation under the Turkey-South Korea FTA Baker McKenzie International Trade Compliance Update | March 2018 114 Turkey – Ministry of Economy Communique № Merchandise/Country Action 2018/2 Wallpapers and similar coverings Safeguard investigation Australian Anti-Dumping Commission Notice Number and Case # Merchandise/Country Action 2018/02 #443 Tomatoes, prepared or preserved originating in Italy Findings in relation to an Accelerated Review of Anti-Dumping Measures 2018/20 #405 Wind Towers originating in Vietnam Termination of Investigation 2018/24 #461 Deep Drawn Stainless Steel Sinks originating in China Initiation of a Review of AD Measures 2018/25 #443 Tomatoes, prepared or preserved originating in Italy Notice for longer period for the decision of the Parliamentary Secretary to the Minister for Jobs and Innovations 2018/26 Various Monthly Status Report - January 2018 2018/27 #EX 0054 Resealable Can End Closures originating in Malaysia, the Philippines, Singapore Findings of an Exemption Inquiry 2018/28 #EX0057 Resealable Can End Closures originating in Malaysia, the Philippines, Singapore Findings of an Exemption Inquiry 2018/29 #452 Steel Reinforcing Bar originating in Korea Extension of time to issue final report 2018/30 #409/410 Aluminium Zinc Coated Steel originating in China Extension of time granted to issue the Final Report 2018/32 #418 Steel Reinforcing Bar originating in Greece, Indonesia, Spain, Taiwan, Thailand Extension of time for Parliamentary Secretary to make decision China Ministry of Commerce (MOFCOM) Ref. Number Merchandise/Country Action MOFCOM 13, 2018 Sorghum Originating in the United States Investigation of CV Subsidy MOFCOM 12, 2018 Sorghum Originating in the United States ADD Investigation MOFCOM 2, 2018 Potato Starch Originating in the European Union Final Review of the AD Measures MOFCOM 10, 2018 Copolymerized polyacetals originating in Korea, Thailand and Malaysia Announcement of the Change of English Name of One Thai Company MOFCOM 8, 2018 Phenoxybenzaldehyde Originating in India Preliminary Determination of the Anti-dumping Investigation MOFCOM 14, 2018 Styrene Originating in Korea, Taiwan and the United States Preliminary Determination in AD Investigation MOFCOM 19, 2018 o-Chloronitroaniline Originating in India Final Determination in AD case MOFCOM 18, 2018 o-Chloronitroaniline Originating in India Final Determination in CVD case MOFCOM 23, 2018 Bisphenol A Originating in Thailand Final Determination of the AD Investigation MOFCOM 5, 2018 White-feathered Broiler Products Originating in the United States Terminating the Imposition of ADD and CVD MOFCOM 9, 2018 Methyl,Methacrylate Originating in Japan Review and Adjudication of the Dumping and Dumping Margin of Mitsubishi Rayon Co., Ltd., Japan Asahi Chemical Industry Co., Ltd. and Sumitomo Chemical Co., Ltd. Baker McKenzie International Trade Compliance Update | March 2018 115 Government of India Ministry of Finance (Department of Revenue) Notification № Merchandise/Country Action 01/2018-Cus (ADD) 1,1,1,2-Tetrafluoroethane or R-134a originating in or exported from China Withdraws abeyance of notification no. 30/2017-customs (ADD) dated 16.06.2017. 02/2018-Cus (ADD) Metronidazole, originating in, or exported from China Revokes/rescinds notification No. 40/2012-Customs (ADD) dated 30.08.2012. 03/2018-Cus (ADD) Toluene Di-Isocyanate (TDI) originating in or exported from China PR, Japan and Korea RP Imposes definitive ADD 04/2018-Cus (ADD) Ceramic Tableware and Kitchenware, excluding knives and toilet items, originating in or exported from China PR. imposes ADDœ 05/2018-Cus (ADD) Toluene Di-Isocyanate (TDI) originating in or exported from China PR, Japan and Korea RP Amends notification No.3/2018-Customs (ADD) dated the 23rd January, 2018. Argentina Ministry of Production – Secretary of Commerce Ref. Number Merchandise/Country Action Res. 76/2018 Certain three-phase liquid dielectric transformers , of power greater than 10,000 kVA but less than or equal to 600,000 kVA, originating in India Proceed to closing the investigation without the application of definitive ADD Res. 77/2018 Certain plates and tiles of fine porcelain stoneware or unpolished, polished, even semi-polished (glazed) and varnished or enameled (including lacquered and / or polished), for flooring or covering, originating in India, Malaysia, Vietnam and Brazil Closing investigation and assessing ADD with certain companies exempt. Goods will be subject to the regime of non-preferential control of origin Res. 82/2018 Certain denim fabrics originating in Brazil, China and Peru Initiation of an AD investigation Res. 88/2018 Certain suits (both or suits), sets and jackets (bags), finished or semi-finished, for men or boys, excluding knitwear and ensembles types used in medicine originating in China [export to Argentina] Close of the examination due to the expiration of the term and change of circumstances, without the application of definitive ADD Res. 103/2018 Zinc oxide - white zinc, originating in Brazil and Peru Opening of an investigation for alleged dumping; requirement of certificates or origin after 60 days Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action CAMEX Res. № 6 Biaxially oriented polyethylene terephthalate film, foil, foil, film, foil and strip of a thickness of not less than 5 micrometres and not more than 50 micrometres, metallised or not, untreated or coextruded, chemical or corona discharged, originating in the UAE, Mexico and Turkey Extends a definitive ADD for a period of up to five (5) years, applied to Brazilian imports of biaxially oriented polyethylene terephthalate film, foil, foil, film, foil and strip of a thickness of not less than 5 micrometres and not more than 50 micrometres, metallised or not, untreated or coextruded, chemical or corona discharged, originating in the United Arab Emirates, Mexico and Turkey. Baker McKenzie International Trade Compliance Update | March 2018 116 Opportunity to Request Administrative Review In a February 1, 2018 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 February anniversary dates: [Note: the case number for stainless steel bar from Brazil and the period of review for certain carbon and alloy steel cut-to-length plate from Brazil were incorrect in the original notice. They have been corrected below.] AD/CVD Proceedings - Country/ Merchandise Case No. Period Antidumping Duty Proceedings Brazil: Stainless Steel Bar A–351–825 2/1/17–1/31/18 Carbon and Alloy Steel Cut-to-Length Plate A–351–847 9/22/16–1/31/18 France: Uranium A–427–818 2/1/17–1/31/18 India: Certain Preserved Mushrooms A–533–813 2/1/17–1/31/18 Certain Cut-To-Length Carbon-Quality Steel Plate A–533–817 2/1/17–1/31/18 Frozen Warmwater Shrimp A–533–840 2/1/17–1/31/18 Stainless Steel Bar A–533–810 2/1/17–1/31/18 Indonesia: Certain Preserved Mushrooms A–560–802 2/1/17–1/31/18 Certain Cut-To-Length Carbon-Quality Steel Plate A–560–805 2/1/17–1/31/18 Italy: Stainless Steel Butt-Weld Pipe Fittings A–475–828 2/1/17–1/31/18 Japan: Carbon Steel Butt-Weld Pipe Fittings A–588–602 2/1/17–1/31/18 Stainless Steel Bar A–588–833 2/1/17–1/31/18 Malaysia: Stainless Steel Butt-Weld Pipe Fittings A–557–809 2/1/17–1/31/18 Mexico: Large Residential Washers A–201–842 2/1/17–1/31/18 Philippines: Stainless Steel Butt-Weld Pipe Fittings A–565–801 2/1/17–1/31/18 Rep of Korea: Large Residential Washers A–580–868 2/1/17–1/31/18 Certain Cut-To-Length Carbon-Quality Steel Plate A–580–836 2/1/17–1/31/18 SR of Vietnam: Frozen Warmwater Shrimp A–552–802 2/1/17–1/31/18 Steel Wire Garment Hangers A–552–812 2/1/17–1/31/18 Utility Scale Wind Towers A–552–814 2/1/17–1/31/18 South Africa: Carbon and Alloy Steel Cut-To-Length Plate A–791–822 2/1/17–1/31/18 Taiwan: Crystalline Silicon Photovoltaic Products A–583–853 2/1/17–1/31/18 Thailand: Frozen Warmwater Shrimp A–549–822 2/1/17–1/31/18 The PR of China: Certain Preserved Mushrooms A–570–851 2/1/17–1/31/18 Crystalline Silicon Photovoltaic A–570–010 2/1/17–1/31/18 Frozen Warmwater Shrimp A–570–893 2/1/17–1/31/18 Heavy Forged Hand Tools, With or Without Handles A–570–803 2/1/17–1/31/18 Large Residential Washers A–570–033 7/26/16–1/31/18 Small Diameter Graphite Electrodes A–570–929 2/1/17–1/31/18 Uncovered Innerspring Units A–570–928 2/1/17–1/31/18 Utility Scale Wind Towers A–570–981 2/1/17–1/31/18 Turkey: Carbon and Alloy Steel Cut-To-Length Plate A–489–828 9/22/16–1/31/18 Countervailing Duty Proceedings India: Prestressed Concrete Steel Wire Strand C–533–829 1/1/17–12/31/17 Certain Cut-To-Length Carbon-Quality Steel Plate C–533–818 1/1/17–12/31/17 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate C–560–806 1/1/17–12/31/17 Rep of Korea: Large Residential Washers C–580–869 1/1/17–12/31/17 Certain Cut-To-Length Carbon-Quality Steel Plate C–580–837 1/1/17–12/31/17 SR of Vietnam: Steel Wire Garment Hangers C–552–813 1/1/17–12/31/17 The PR of China: Utility Scale Wind Towers C–570–982 1/1/17–12/31/17 Crystalline Silicon Photovoltaic Products C–570–011 1/1/17–12/31/17 Suspension Agreements None Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] m This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | March 2018 117 Requested Reviews In a February 23, 2018, 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 December anniversary dates. See actual notices for companies requesting review: AD/CVD Proceedings - Country/ Merchandise Case No. Period Antidumping Duty Proceedings India: Carbazole Violet Pigment 23 A-533-838 12/1/16 - 11/30/17 Stainless Steel Wire Rod A-533-808 12/1/16 - 11/30/17 Welded Stainless Pressure Pipe A-533-867 5/10/16 - 10/31/17 Oman: Circular Welded Carbon-Quality Steel Pipe A-523-812 12/1/16 - 11/30/17 S, Korea: Welded Line Pipe A-580-876 12/1/16 - 11/30/17 Russia: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products A-821-809 12/1/16 - 11/30/17 Taiwan: Steel Wire Garment Hangers A-583-849 12/1/16 - 11/30/17 The PR of China: Cased Pencils A-570-827 12/1/16 - 11/30/17 Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules A-570-979 12/1/16 - 11/30/17 Honey A-570-863 12/1/16 - 11/30/17 Multilayered Wood Flooring A-570-970 12/1/16 - 11/30/17 Turkey: Welded Line Pipe A-489-822 12/1/16 - 11/30/17 United Arab Emirates: Circular Welded Carbon-Quality Steel Pipe A-520-807 6/8/16 - 11/30/17 Countervailing Duty Proceedings Canada: Supercalendered Paper C-122-854 1/1/16 - 12/31/16 India: Carbazole Violet Pigment 23 C-533-839 1/1/16 - 12/31/16 Welded Stainless Pressure Pipe C-533-868 3/11/16 - 12/31/16 The PR of China: Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules C-570-980 1/1/16 - 12/31/16 Multilayerd Wood Flooring C-570-971 1/1/16 - 12/31/16 Turkey: Steel Concrete Reinforcing Bar C-489-819 1/1/16 - 12/31/16 Welded Line Pipe C-489-823 1/1/16 - 12/31/16 Suspension Agreements Mexico: Sugar A-201-845 12/1/16 - 11/30/17 Sugar C-201-846 1/1/17 - 12/30/17 Initiation of Sunset Reviews In a February 1, 2018, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below. AD/CVD DOC Case No. ITC Case No. Country Merchandise A–570–904 731–TA–1103 China Activated Carbon (2nd Review) A–570–866 731–TA–921 China Folding Gift Boxes (3rd Review) A–201–820 731–TA–747 Mexico Fresh Tomatoes (4th Review) (Suspension Agreement) Advance Notification of Sunset Reviews In a February 1, 2018, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year (“Sunset”) reviews for March 2018. Baker McKenzie International Trade Compliance Update | March 2018 118 AD/CVD Proceedings - Merchandise/Country Case No. Drawn Stainless Steel Sinks from China A–570–983 (1st Review) Drawn Stainless Steel Sinks from China C–570–984 (1st Review) No Sunset Review of suspended investigations is scheduled for initiation in March 2018. Baker McKenzie International Trade Compliance Update | March 2018 119 Mattias Hedwall Global Chair International Commercial & Trade International Commercial & Trade Leadership Team Regional Chairs / Steering Committee Kana Itabashi Tokyo Asia Pacific Ulf Wauschkuhn Munich EMEA Manuel Padron Juarez Latin America Michael Santa Maria Dallas North America IC&T Focus Groups Agency & Distribution / Franchising Product Liability / Anticorruption / Compliance Liaison Customs & Trade Agreements Will Woods Dallas Ulrich Ellinghaus Frankfurt Fred Burke Ho Chi Minh City Terrie Gleason San Francisco Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets Peerapan Tungsuwan Bangkok Nick Coward & Janet Kim Washington DC Miguel Noyola Chicago/Washington DC ©2018 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. This UPDATE is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases. Before you send an e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyerclient relationship with us. 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In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.1 International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption) Newsletter | March 2018 Please see our Webinars, Meetings, Seminars section for the full schedule of webinars in the 2018 Global Trade and Supply Chain Webinar Series - Continuing Challenges in Global Trade, names of speakers, contacts and information on how to register for one or more of these complimentary webinars, as well as information on other events. In addition, there are links to video recordings of past webinars and the 2017 Year-End Export Import Seminar in Santa Clara, California. To keep abreast of international trade-related news, visit our blogs: For International Trade Compliance Updates, please regularly visit www.internationaltradecomplianceupdate.com. For additional articles and updates on Trade Sanctions and Export Controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. For resources and news regarding international trade, particularly in Asia, please visit our new Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. To see how BREXIT (the UK exiting the EU) may affect your business, visit http://brexit.bakermckenzie.com/ For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/. Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source may usually be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered. In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) Trade compliance enforcement actions - import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBSA Advance Rulings CBP Rulings: Downloads and Searches CBP Rulings: Revocations or Modifications European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | March 2018 2 World Trade Organization (WTO) Trade Policy Reviews: Malaysia, Egypt The seventh review of the trade policies and practices of Malaysia took place on 14 and 16 February 2018. The basis for the review was a report by the WTO Secretariat and a report by the Government of Malaysia. The fourth review of the trade policies and practices of Egypt took place on 20 and 22 February 2018. The basis for the review is a report by the WTO Secretariat and a report by the Government of Egypt. Recent disputes The following disputes have been recently brought to the WTO. Click on the case (“DS”) number below to go to the WTO website page for details on that dispute. DS No. Case Name Date DS475 Russian Federation – Measures on the importation of live pigs, pork and other pig products from the EU – Recourse to Art 21.5, DSU – Russian Federation request for consultations 30-01-18 DS475 Russian Federation – Measures on the importation of live pigs, pork and other pig products from the EU – Recourse to Art 21.5, DSU - EU request for consultations 07-02-18 Imposition of a Safeguard Measure by the United States on Imports of Crystalline Silicon Photovoltaic Cells - EU request for consultations. 07-02-18 DS539 United States - Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available – South Korea request for consultations 20-02-18 DS540 United States - Certain Measures Concerning Pangasius Seafood Products from Viet Nam - Request for consultations by Viet Nam 27-02-18 DSB activities During the period covered by this update, the Dispute Settlement Body (DSB) or parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents): DS No. Case Name Activity Date DS456 India — Certain Measures Relating to Solar Cells and Solar Modules [Complainant: US] US did not agree to a compliance panel 09-02-18 DS464 United States — Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea [Complainant: Korea] US agreed to implement DSB rulings and recommendations DS495 Korea, Republic of — Import Bans, and Testing and Certification Requirements for Radionuclides [Complainant: Japan] Panel report circulated 22-02-18 DS371 Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines [Complainant: Philippines] Revised request for consultations - 2nd recourse to Art. 21.5 DSU 26-02-18 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 SecreThe International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] A note on spelling, grammar and dates-- In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | March 2018 3 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) Agenda for 61st HSC session published by CBP US Customs and Border Protection (CBP) has published the Agenda for the 61st session of the WCO Harmonized System Committee (HSC) in the Customs Bulletin and Decisions dated February 14, 2018. The HSC session will be held from 6 March 2018 through 16 March 2018, with a Professional Working Party session scheduled from 1 March through 5 March. The Agenda lists classification requests by member administrations, as well as reports by the Secretariat, the Scientific Sub Committee, the HS Review Sub-Committee, the Presessional Working Party, reservations on classification opinions adopted in previous HSC sessions, request for further studies, and other matters. Please see the Agenda for the specific products to be discussed at the HSC session. Classification decisions taken at the 60th Session of the Harmonized System Committee have been released On 1 February 2018, the WCO announced that the Harmonized System Committee (HSC) held its 60th Session at WCO Headquarters in Brussels from 27 September to 6 October 2017. The decisions taken by the HSC during this session have now been published on the WCO website. The announcement said: These include, in particular, 21 new Classification Opinions and 18 sets of amendments to the HS Explanatory Notes, as well as 45 Classification Rulings ing. These rulings deal with, among other things, blanched green shell mussels; quinoa, normally used for human consumption, which has undergone the removal of the saponin layer after harvest; silica fume; a cover made of plastics and specifically designed for smartphones; footwear made of plastics known as “sandals for adults made of plastics” and “sandals for children made of plastics”; a laminar air flow clean bench; an electronic interactive whiteboard, size 78 inches, consisting of a touchsensitive, dry-erase surface with multi-touch functionality, which accepts touch input from a pen or a finger; an insulated gate bipolar transistor (IGBT) module; books and sound reproducing apparatus, also called “Future Book Set”; a thin-film solar module; an integrated circuit (IC) checking instrument; and a Stand Up Paddle (SUP) Board. Downloads • Classification Rulings – HS Committee 60th Session • Amendments to the Compendium of Classification Opinions – HS Committee 60th Session • Amendments to the Harmonized System Explanatory Notes – HS Committee 60th Session Announcements and news releases [dd-mm-yy] Date Title 01-02-18 Classification decisions taken at the 60th Session of the Harmonized System Committee have been released Directors General of Customs of MENA region meet to discuss priority issues for the region 08-02-18 WCO provides assistance for Rwanda and Uganda on Customs valuation WCO delivers a Risk Management Framework Workshop in Jordan Baker McKenzie International Trade Compliance Update | March 2018 4 Date Title 09-02-18 First Global Cross-Border E-Commerce Conference takes off 12-02-18 Experts in Asia/Pacific Region gathered to learn, share and contribute on AEO & MRA matters First Global Cross-Border E-Commerce Conference concludes with the Beijing Declaration 13-02-18 MERCATOR PROGRAMME - WCO supports Tax and Customs Authority of Guatemala (SAT) on implementing TFA Comoros benefits from the WCO People Development Support Programme WCO supports the Customs Laboratory of Albania in building its capacity for analysing mineral oils 14-02-18 El Salvador Customs is adopting the WCO Data Model The WCO supports Colombian Customs with technical assistance for implementing Advance Passenger Data 15-02-18 The 3rd Steering Committee Meeting of the WCO-ESA Project II WCO Facilitates Strategic Planning Workshop in Jamaica Regional Accreditation Workshop for Expert Trainers on HS in the Asia Pacific Region 16-02-18 WCO diagnostic mission in Haiti Specialized training on countering trafficking of cultural objects deployed within the scope of the WCO-UNODC Container Control Programme in Jordan National Workshop on Strategic Trade Control Enforcement (Jakarta, 5 - 8 February) 19-02-18 WCO enhances the Zimbabwe Revenue Authority’s capacities in Project Management WCO supports Ethiopia in adopting a blended training approach and positively evaluates Mercator engagement 20-02-18 WCO supports Sudan Customs to develop its capacities in post-clearance audit 21-02-18 WCO supports Cuban Customs with technical assistance to implement the WCO Data Model Over 41,000 artefacts seized in global operation targeting trafficking of cultural goods 74th WCO Fellowship Programme concludes 22-02-18 WCO provides strategic support to the Guyana Revenue Authority (GRA) 23-02-18 Latest edition of WCO News now available New WCO Counter-Terrorism Initiative for West and Central Africa to be funded by Japan WCO addresses the UN Security Council's Counter-Terrorism Committee 27-02-18 19th Meeting of the SAFE Working Group finalized the 2018 edition of the SAFE Framework of Standards 28-02-18 WCO’s WACAM Project supports the Burkina Faso Customs Administration in the preparation of its first Time Release Study (TRS) Other International Matters Trans-Pacific Partnership Agreement CPTPP – the Gold Standard without the United States The 11 parties to the Trans-Pacific Partnership Agreement who remained following the withdrawal of the United States have set March 8th in Chile as the date for signing the successor to that agreement, the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (“CPTPP”). Once ratified by at least six (6) of the 11 parties, the CPTPP will enter into force. Below is a synopsis of what has changed in the new agreement and an overview of opportunities for businesses operating in the CPTPP area. Baker McKenzie International Trade Compliance Update | March 2018 5 Approximately 20 provisions in the original TPP have been “suspended” in the new CPTPP. Many of them were the more difficult concessions that the United States pushed for in the TPP negotiations, including: Suspended Provisions Summary Express Shipment Suspends provisions supporting expedited express shipments; no obligation to review custom duties on express shipments Investor State Dispute Settlement Operative provisions suspended; businesses cannot sue parties for breaches of investment contracts Express Delivery Services Suspends provisions addressing postal monopoly and crosssubsidization and abuse of a postal monopoly's position Financial Services Suspends investors right to make claims on breach of minimum standard of treatment and other financial services claims Telecommunication Disputes Suspends the ability to appeal determinations of a parties' telecommunications regulatory bodies in order to resolve telecommunication disputes Labor Rights in Government Procurement Contains fewer labor right commitments for procuring entities to promote compliance with labour laws in the government procurement process Government Procurement Expansion Suspends the requirement for negotiations to expand the government procurement chapter Intellectual Property Rights and Patents Chapter 18 includes the most suspensions including suspension of measures agreed with respect to: patentable subject matter; patent term adjustments for unreasonable curtailment; protection of undisclosed test or other data; terms of copyright protection; technological protection measures; rights management information; protection of encrypted program carrying satellite and cable signals; legal remedies and safe harbours Biologics No data or market protections for new medicines, including biologics (5-8 year requirement is suspended). Term for Copyright The measure requirement that copyright protection be extended to 70 years is suspended. Endangered Species Parties do not have to take action to address violations of wildlife trafficking laws. Pharma Products and Medical Devices Suspends the transparency and procedural fairness requirements for listing new products and devices for reimbursement purposes for pharmaceutical products and medical devices What are the Opportunities and Benefits for Businesses Operating in the Region? Transparency and Trade Facilitation Many of the benefits related to tariff reduction, non-tariff barriers to trade and transparency remain in the agreement. Some of the highlights include the following: • progressive elimination of customs duties on certain non-originating goods, • elimination of waivers for customs duties, which are conditioned on the fulfillment of a performance requirement, • elimination of customs duties for goods re-entered into a host country for repair or alteration, • the duty-free entry of commercial samples and advertising materials, • the duty-free entry of goods that are temporarily imported including goods intended for display or demonstration, sports purposes, commercial samples and advertising films and recordings and goods admitted for sports purposes, • elimination of certain restrictions on imports and exports including commercial cryptographic goods and remanufactured goods, Baker McKenzie International Trade Compliance Update | March 2018 6 • consistency and transparency for import licensing requirements and transparency of export licensing procedures, • the assurance that administrative fees and formalities are not indirect protection for domestic goods or a taxation on imports or exports, • prohibition on export duties, taxes and other charges unless the duties, taxes and charged are applied to domestic consumption, and • transparency and publication of rules and regulations including penalty provisions and appeal procedures. Trade in Goods Additionally, the rules of origin that will be applicable to trade in goods will provide opportunities for many businesses in the region and include: • Made in the CPTPP. There are three ways to define “Made in the CPTPP” which allows goods to receive reduced tariffs. First, goods that are wholly obtained or produced in CPTPP countries such as crops and fish are considered Made in the CPTPP. Also, those goods produced exclusively from CPTPP materials also receive Made in the CPTPP benefits. Finally, many goods may be considered TPP originating if they meet product-specific rules. The product-specific rules limit the type or amount of non-CPTPP materials allowed in production and therefore encourage investment and sourcing in CPTPP countries. • Cumulation. For purposes of producing goods, the CPTPP generally treats materials from one CPTPP country the same as another CPTPP country. This allows for the concept of “cumulation” and provides incentives for businesses to integrate production and supply chains within the CPTPP countries. • Recovered Materials and Remanufactured goods. When recovered materials derived from a CPTPP country are used in the production of remanufactured goods, the CPTPP allows for the recovered materials to be originating and “CPTPP material,” which encourages domestic production of remanufactured goods. • Transit and Transshipment. Chapter three ensures that preferential treatment is not lost when CPTPP goods are in transit or being transshipped. It also includes limitations on production processes for in transit goods when those processes are conducted outside of the CPTPP region. • Origin Procedures. Standardizes and creates consistency among the CPTPP countries for claims for preferential treatment including procedures for selfcertification and verification procedures for origin claims. • Adaptability. Allows for the parties to meet and consider improvements to the rules of origin. E-Commerce The E-Commerce chapter remains unchanged and should ensure the free flow of data (subject to public-interest regulation, for example to prevent spam, protect privacy, and fight crime), prevent the spread of ‘forced localization’ of technologies and servers such as redundant data centers, and help to more effectively guarantee the security and privacy of internet users through consumer protection laws. The chapter prohibits the imposition of customs duties on digital products, to ensure that products distributed electronically, such as software, music, video, ebooks, and games are not disadvantaged. A companion provision prevents CPTPP countries from favoring national producers or suppliers of such products Baker McKenzie International Trade Compliance Update | March 2018 7 through measures such as discriminatory taxation or outright blocking or other forms of content discrimination. To facilitate digital trade, the chapter includes provisions encouraging CPTPP countries to promote paperless trading between businesses and the government, such as customs forms being put in electronic format, as well as providing for electronic authentication and signatures for commercial transactions. The chapter prohibits requirements that force suppliers to share valuable software source code with foreign governments or commercial rivals when entering a CPTPP market. We will continue to monitor these developments as the parties go through the process of ratification, implementation and enforcement. For additional information, please contact the authors: Fred Burke (Vietnam), Jon Cowley (Hong Kong), Kana Itabashi (Tokyo) or Anne Petterd (Singapore). [Ed. Note: This article originally appeared on our Trade Crossroads blog.] Associated Links (Global Affairs Canada) • Text of the agreement • Economic Impact of Canada’s Participation in the CPTPP • CPTPP Frequently asked questions (FAQ) • Statement by Minister of International Trade on successful conclusion of Comprehensive and Progressive Agreement for Trans-Pacific Partnership • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) The UK gives the CPTPP a boost Recently, the UK’s International Trade Secretary Liam Fox stated that the UK is considering joining the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (“CPTPP” or “CPTPP11”). While this gave rise to excitement among CPTPP proponents, and it is technically feasible, various factors would likely make it unlikely in the short term. UK Exploring Options Post Brexit It is good news that the UK is showing interest in joining the CPTPP, even if only because it demonstrates that the CPTPP is alive and well. The idea of the UK joining the CPTPP was floated shortly after the Brexit vote and has been simmering at various levels since. As several commentators have already pointed out, there are no legal restrictions in the trade agreement for adding new members outside of the Trans-Pacific Partnership’s original 12 members (“TPP12”), the CPTPP11, or any other countries. Politics at Home However, there are some serious obstacles to the UK joining the CPTPP at this point in time. First, the UK will remain a member of the EU until 29 March, 2019, and the UK is still working out the terms of its withdrawal from that arrangement. It would most likely lack the negotiating capacity until its withdrawal is complete to take on the CPTPP. Second, the UK would have to make a very Baker McKenzie International Trade Compliance Update | March 2018 8 attractive offer in terms of market access for the CPTPP members, and this does not seem politically sustainable within the UK for the moment. The BBC recently quoted Aaron Connelly, a research fellow at the Lowy Institute for International Policy as stating “[i]f Brexit was about symbolically taking back control in these areas, then joining the TPP would do little to accomplish that.” The Problem with Late Joiners and New Changes The existing members may also be reluctant to allow the UK into the CPTPP talks at this point because of the previous experience with Japan. As the last member to join the TPP12, Japan’s entry dragged out negotiations for a few more years due to tough bilateral negotiations with the United States. When President Trump withdrew from the TPP, it was relatively easy for the remaining 11 members to “suspend” the commitments that were a priority for America (for e.g. data exclusivity, copyright term extensions, freedom of association for labor unions, etc.). However, if new topics and disciplines need to be added to the agreement, then it would add another level of complexity that will take more time. For example, one suggestion from Canada during the Asia Pacific Economic Cooperation (“APEC”) was to add a whole new chapter on gender issues, which would entail significant further negotiation. Opening up the agreement to allow UK demands on any new chapters would certainly handicap the CPTPP in moving forward with the agreement. Finally, since the last APEC meeting in November 2017, Canada, which is currently busy with its own important NAFTA negotiations, has not been more active with the other parties including Japan. In fact, Japan recently stated that it is unclear why Canada is stalling and asked whether parties could move forward without Canada. The addition of another country would no doubt lead to further delays, putting the entire arrangement at risk. So What’s Next? It is more likely that the UK will have to wait until the CPTPP is signed and enters into force, and it has a better understanding of its post-EU status. The UK could then join as a new member, along with other aspirants such as Taiwan, South Korea and Indonesia. While it is technically very easy to remove or freeze the parts that the United States was particularly keen on, it is more difficult to reach consensus on the additional deals that would have to be made to accommodate a new member the size of the UK. Notwithstanding the fact that the UK is unlikely to join now, its interest in the agreement helps to reaffirm the agreement’s significance and gives a welcome boost to the negotiators who are trying to get it over the finish line. [Ed. Note: This article originally appeared on our Trade Crossroads blog in January 2018. after this article appeared, Canada endorsed the CPTPP and the parties agreed on a March 8, 2018 signing in Chile.] For additional information, please contact the authors: Fred Burke (Vietnam), Kana Itabashi (Tokyo) or James Small (Toronto). Baker McKenzie International Trade Compliance Update | March 2018 9 CITES Notification to Parties The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties: Date Title 01-02-18 2018/018 Information on the status, trade and conservation of eel species (Anguilla spp.) • Annex 1: Questionnaire on the implementation and effectiveness of the Appendix II listing of the European eel • Annex 2: Questionnaire on the status, trade and conservation of non CITES-listed anguillid eels 08-02-18 2018/019 Saint Vincent and the Grenadines – Withdrawal of a recommendation to suspend trade 20-02-18 2018/020 International Workshop on Legal Acquisition Findings • Annex: Questionnaire in preparation of the International CITES workshop on legal acquisition findings 22-02-18 2018/021 Membership of the Rural Communities Working Group 27-02-18 2018/022 INDONESIA - Transportation mode of Napoleon Fish (Cheilinus undulatus) export from Indonesia The Americas - Central America COSTA RICA Documents published in La Gaceta Date Series and № Subject 20-02-18 Request for comments Modification to the Procedure of the Active Improvement Regime 20-02-18 RES-DGA-DGT001-2018 Delete the Central American Supplementary Note A of Chapter 96 of the Central American Import Tariff, Annex “A” of the Convention on the Central American Tariff and Customs Regime, adopted by Resolution No. 372-2015 (COMIECO-LXXIV) and Approve the national openings contained in Resolution No. 392-2017 (COMIECO-LXXXI) DOMINICAN REPUBLIC Documents Date Series and № Subject 12-01-18 Cir.: SDT/2018 398 Prohibition to import unshelled rice, of United States of America origin Cir.: SDT/2018 427 Notification of special agricultural safeguard activation volumes established in DR-CAFTA 15-01-18 Bull. Import authorization VUCE - CODOPESCA 16-01-18 Cir.: SDT/2018 486 Prohibition on import and export of new or used mixture, parts or equipment with substance Dichloro-1- fluoroethane (HCFC-14lb) 18-01-18 Bull. VUCE - National Energy Commission 19-01-18 Bull. VUCE: Total Implementation of Products of Vegetal Origin 28-01-18 Bull. Automation of the application for temporary admission 26-02-18 Newsletter VUCE-Ministry of Public Health: Authorization of Import and Export of alcoholic beverages Baker McKenzie International Trade Compliance Update | March 2018 10 NICARAGUA Nicaraguan Classification Resolutions (Customs Rulings) The Dirección General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to 2017 available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano. PANAMA Official Gazette The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial – Digital (Official Gazette – Digital) during the period of coverage: Publication Date Title 16-02-18 Supreme Court of Justice: Judgment No. S / N (13-10-17) By which it is declared that Articles 89, 90, 92 and 184 of the Decree of Cabinet are not unconstitutional. 12 March 29, 2016, which provides complementary provisions to the Uniform Central American Customs Code and its Regulations, issued by the Cabinet Council of the Republic of Panama, within the demand of unconstitutionality presented by Humberto Serrano Levy, acting in the name of Jerusalem Duty Free, SA 19-02-18 Supreme Court of Justice: Judgment S/N (27-11-17) for which substance is declared, in the unconstitutionality warning submitted by the deed Rolando Arturo Mayorga Botacio in representation of the national union of customs brokers of panama, to declare the unconstitutionality or not, the phrase: “.. the tariff established in law 41 of 1996 will continue “, contained in the final part of numeral 17 of article 45 of decree law no. 1 of february 13, 2008, “which creates the national authority of customs and says provisions concerning the customs regime. The Americas - North America CANADA Miscellaneous regulations and proposals The following documents of interest to international traders were published in the Canada Gazette. (The sponsoring ministry, department or agency is also shown. N=notice, PR=proposed regulation, R=regulation, O=Order) Publication Date Title 02-03-18 Environment/Health: Publication after screening assessment of two substances — thioperoxydicarbonic diamide ([(H2N)C(S)]2S2), tetramethyl- (TMTD), CAS RN 11 137-26-8, and piperidine, 1,1‘-(tetrathiodicarbonothioyl)bis(DPTT), CAS RN 120-54-7 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) 02-07-18 Environment: Order 2018-66-01-01 Amending the Domestic Substances List(SOR/2018-6, Jan. 26, 2018) pursuant to subsection 66(1) of the Canadian Environmental Protection Act, 1999 Environment: Order 2018-87-01-01 Amending the Domestic Substances List (SOR/2018-7, Jan. 26, 2018) pursuant to subsection 87(1) or (5) of the Canadian Environmental Protection Act, 1999 Baker McKenzie International Trade Compliance Update | March 2018 11 Publication Date Title 02-09-18 Law: Chap. 6 Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (C-30) Law: Chap. 7 An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (C-37) Law: Chap. 8 Canada–Ukraine Free Trade Agreement Implementation Act (C31) 02-10-18 Environment: Order 2018-66-01-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (N) Environment: Order 2018-87-01-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (N) Environment/Health: Publication after screening assessment of cyanides, including those specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) Health: Proposed Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Nutrition Symbols, Other Labelling Provisions, Partially Hydrogenated Oils and Vitamin D) pursuant to the Food and Drugs Act (PR) 02-17-18 Environment: Rescission of ministerial condition concerning carbonoperoxoic acid, O,O-(1,1-dimethylpropyl) O-(2-ethylhexyl) ester, CAS RN 70833-40-8 pursuant to Section 84 of the Canadian Environmental Protection Act, 1999 (N) Environment: Description of critical habitat for the Sprague’s Pipit and Swift Fox in the Prairie National Wildlife Area (unit number 11) pursuant to the Species at Risk Act (N) Environment/Parks Agency: Description of Chestnut-collared Longspur critical habitat in the Prairie National Wildlife Area (unit number 11) and Grasslands National Park of Canada pursuant to the Species at Risk Act (N) Environment: Proposed Regulations Amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (PR) Environment/Health: Proposed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (PR) Environment/Health: Prohibition of Asbestos and Asbestos Products Regulations (Erratum) 02-21-18 Environment: Order Amending Schedule 1 to the Species at Risk Act (SOR/2018-10, Feb. 02, 2018) pursuant to the Species at Risk Act (O) Finance/International Trade: Regulations Amending the Members of Panels (NAFTA) Regulations (SOR/2018-13, Feb. 6, 2018) pursuant to the Special Import Measures Act (R) Agriculture: Quebec Sheep Marketing Levies (Interprovincial and Export Trade) Order (SOR/2018-14, Feb. 7, 2018) pursuant to the Agricultural Products Marketing Act) (O) Environment/Health: Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (SOR/2018-20, Feb. 12, 2018) (O) 02-24-18 Environment: Notice of intent to amend the Domestic Substances List under subsection 112(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 106(3) of that Act applies to the living organism Trichoderma reesei ATCC 74252 (N) Environment/Health: Publication after screening assessment of three substances in the Fatty Amides Group — 13-docosenamide, (Z)- (erucamide), CAS RN 112-84-5; 9-octadecenamide, (Z)- (oleamide), CAS RN 301-02-0; and isooctadecanoic acid, reaction products with tetraethylenepentamine (IODA reaction products with TEPA), CAS RN 68784-17-8 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) Environment/Health: Publication of final decision after screening assessment of a living organism — Arthrobacter globiformis (A. globiformis) strain ATCC Baker McKenzie International Trade Compliance Update | March 2018 12 Publication Date Title 8010 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Environment/Health: Publication of final decision after screening assessment of a living organism — Bacillus circulans (B. circulans) strain ATCC 9500 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Environment/Health: Publication of final decision after screening assessment of a living organism — Bacillus megaterium (B. megaterium) strain ATCC 14581 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) 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. No new advance rulings were posted by the CBSA during the past month. D-Memoranda and CNs revised or cancelled The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.) Date Reference Title 02-06-18 D11-5-3 Canada-Costa Rica Free Trade Agreement (CCRFTA) Rules of Origin D11-5-4 Canada-Chile Free Trade Agreement (CCFTA) Rules of Origin D13-4-10 Price Reductions 02-13-18 D11-4-5 Rules of Origin Respecting Commonwealth Caribbean Countries 02-15-18 D11-4-6 Rules of Origin for the New Zealand and Australia Tariff Treatments 02-20-18 D17-1-3 Casual Importations 02-21-18 D2-1-1 Temporary Importation of Baggage and Conveyances by Nonresidents 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.) [mm-dd-y] Publication Date Title 02-01-18 Decree Promulgating the Agreement of Technical and Scientific Cooperation Baker McKenzie International Trade Compliance Update | March 2018 13 Publication Date Title between the Government of the United Mexican States and the Organization of Eastern Caribbean States, signed in Mexico City, on September 11 , two thousand and fourteen. 02-15-18 Acuerdo modifying others by means of which the resolutions and lists issued by the Security Council of the United Nations Organization with respect to the Democratic People's Republic of Korea are made known. 02-16-18 External Relations: Decree approving the Second Amendment Protocol to the Additional Protocol to the Framework Agreement of the Pacific Alliance, signed in Puerto Varas, Chile, on July 1, two thousand and sixteen External Relations: Promulgatory Decree for the Agreement between the United Mexican States and the Republic of Colombia on the Measures to be Adopted to Prohibit and Prevent the Theft and / or Theft, Introduction, Extraction and Illicit Traffic of Cultural Property, signed in the city of Cartagena of the Indies, Republic of Colombia, on the eleventh of December, two thousand and fifteen 02-19-18 Environment: Mexican Official Standard NOM-044-SEMARNAT-2017 establishes the maximum permissible limits of emission of carbon monoxide, nitrogen oxides, non - methane hydrocarbons, non - methane hydrocarbons more nitrogen oxides, particulate matter and ammonia, from the engine exhaust new that use diesel as fuel and that they will be used for the propulsion of automotive vehicles with gross vehicle weight greater than 3,857 kilograms, as well as the escape of new automotive vehicles with gross vehicle weight greater than 3,857 kilograms equipped with this type of engines. 02-22-18 Environment: Standard NOM-144-SEMARNAT-2017, Establishing the phytosanitary measures and requirements of internationally recognized brand for wood packaging used in international trade of goods and merchandise. Economy: Acuerdo that modifies the one by which the mechanism is established and the criteria for the allocation of quotas to export new light automotive vehicles to the Federative Republic of Brazil, within the framework of the Fifth Additional Protocol to Appendix II “ On Trade in the Sector Automotive between Brazil and Mexico “ of ACE 55. 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, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE, TR=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.] Presidential documents During the past month, President Trump signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities: Date Subject 02-12-18 Notice of February 9, 2018 - Continuation of the National Emergency With Respect to Libya 02-23-18 Memorandum of February 20, 2018, for the Attorney General - Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices Proclamation 9699 of February 22, 2018 - Modifying and Continuing the Na- Baker McKenzie International Trade Compliance Update | March 2018 14 Date Subject tional Emergency With Respect to Cuba and Continuing to Authorize the Regulation of the Anchorage and Movement of Vessels President modifies and continues national emergency with respect to Cuba and authorizes anchorage and movement regulations On February 23, 2018 the Federal Register published Proclamation 9699 of February 22, 2018 - Modifying and Continuing the National Emergency With Respect to Cuba and Continuing to Authorize the Regulation of the Anchorage and Movement of Vessels. The Proclamation continues the national emergency declared in Proclamations 6867, 7757, and 9398, and authorizes and directs the Secretary of Homeland Security (the “Secretary”’) to make and issue such rules and regulations as the Secretary may find appropriate to regulate the anchorage and movement of vessels, and delegates to the Secretary the President’s authority to approve such rules and regulations, as authorized by the Act of June 15, 1917. The Proclamation: • directs the Secretary to make rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, that may be used, or is susceptible of being used, for voyage into Cuban territorial waters and that may create unsafe conditions, or result in unauthorized transactions, thereby threatening a disturbance of international relations. A rule or regulation issued pursuant to this proclamation may be effective immediately upon issuance if it involves a foreign affairs function of the United States; • authorizes the Secretary, to the extent consistent with international law, to inspect any vessel, foreign or domestic, in the territorial waters of the United States, at any time; to place guards on any such vessel; and, with the President’s consent expressly granted in the proclamation, take full possession and control of any such vessel and remove the officers and crew and all other persons not specifically authorized by the Secretary to go or remain on board the vessel, when necessary to secure the rights and obligations of the United States; • authorizes the Secretary to request assistance from such departments, agencies, officers, or instrumentalities of the United States as necessary to carry out the purposes of the proclamation and directs such departments, agencies, officers, or instrumentalities, consistent with other provisions of law and to the extent practicable, to provide the assistance requested; • authorizes the Secretary to seek assistance from State and local authorities in carrying out the purposes of the proclamation and urges all State and local officials to cooperate with Federal authorities and to take all actions within their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban territorial waters; • permits he Secretary to delegate to other officers and agents of the United States Government all powers and authorities delegated by the proclamation, consistent with applicable law; and • supersedes any provisions of Proclamations 6867, 7757, or 9398 that are inconsistent with the provisions of the proclamation to the extent of such inconsistency. President continues national emergency with respect to Libya On February 9, 2018, the President signed Presidential Notice of February 9, 2018 - Continuation of the National Emergency With Respect to Libya (published in the Federal Register on February 12, 2018), which extends for an additional year the national emergency first declared on February 25, 2011, by Executive Order (EO) 13566, to deal with the unusual and extraordinary threat to the na- Baker McKenzie International Trade Compliance Update | March 2018 15 tional security and foreign policy of the United States constituted by the actions of Colonel Muammar Qadhafi, his government, and his close associates, which took extreme measures against the people of Libya, including using weapons of war, mercenaries, and wanton violence against unarmed civilians. In addition, there was a serious risk that Libyan state assets would be misappropriated by Qadhafi, members of his government, members of his family, or his close associates. The foregoing circumstances, the prolonged attacks against civilians, and the increased numbers of Libyans seeking refuge in other countries caused a deterioration in the security of Libya and posed a serious risk to its stability. The national emergency is being extended because the situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, and measures are needed to protect against the diversion of assets or other abuses by members of Qadhafi's family, their associates, and others hindering Libyan national reconciliation. Bipartisan export control bill introduced On February 15, 2018, the House Foreign Affairs Committee announced that its Chairman, Ed Royce (R-CA) and its Ranking Member, Eliot Engel (D-NY) introduced bipartisan legislation to modernize U.S. export control regulations of dualuse items. According to the announcement, the Export Control Reform Act of 2018 (H.R. 5040) will help ensure the U.S. maintains its technological advantage in science, engineering, manufacturing and other industries critical to our national and economic security. The bill represents the first real push to establish permanent export controls since the Cold War-era Export Administration Act of 1979 (EAA) lapsed in 2001. Specifically, the Export Control Reform Act of 2018 (H.R. 5040): • Repeals the lapsed EAA and replaces it with a modern, permanent statutory authority to better regulate U.S. dual-use and Department of Commerce-licensed military exports. • Requires that export controls ensure continued U.S. leadership in science, technology, engineering, manufacturing and other sectors. • Provides new authority to identify and appropriately control critical emerging technologies. • Supports U.S. diplomatic efforts to promote greater international coordination and cooperation on export controls. A section-by-section summary of the bill is available here. Congress extends MPF and other user fees On February 9, 2018, in order to avoid a full federal government shutdown (there was a partial shutdown, lasting several hours), Congress passed and the President signed the Bipartisan Budget Act of 2018 (“Budget Act”; H.R. 1892/Public Law 115-123) and the Continuing Appropriations Amendments Act, 2018 (H.R. 1301/Public Law 115-124). Pursuant to section 30201 of the Budget Act, the additional spending authorized by the Budget Act will be funded in part by a yearlong extension (until February 24, 2027) of the Merchandise Processing Fee and a two-year extension of other Consolidated Omnibus Budget Reconciliation Act (COBRA) fees, until September 30, 2027. Baker McKenzie International Trade Compliance Update | March 2018 16 Update on GSP renewal and retroactive coverage On February 8, 2018, the House Ways and Means Committee Chairman K. Brady (R-TX) and its Ranking Member R. Neal (D-MA) and Trade Subcommittee Chairman (D. Reichert, R-WA) and its Ranking Member B. Pascrell D-NJ) announced that they had joined with Representative J. Walorski (R-IN) to introduce H.R. 4979, which provides a three-year renewal of the Generalized System of Preferences (GSP) program, a longstanding U.S. trade preference program that delivers tariff relief and cost savings to American businesses, workers, and consumers across the country. The program’s last authorization expired on December 31, 2017. When enacted, the bill introduced on February 8, will extend the program through December 31, 2020, and retroactively extend benefits to covered imports that have been made since the program lapsed. The bill also makes technical changes to update the process for considering “competitive need limitations” under the program. On February 13, 2018, the House voted 400-2 to approve the bi-partisan bill. The bill now goes to the Senate where the ongoing immigration debate may delay passage, even though the bill has widespread Senate support. Update on (sec. 232) national security implications of steel imports and aluminum imports As you may recall, early last year, President Trump issued two presidential memoranda instructing the U.S. Commerce Department to initiate an investigation into the national security implications of steel imports and aluminum imports into the United States. If these so-called “section 232” (section 232 of the Trade Expansion Act of 1962, as amended) investigations determine that steel import and/or aluminum imports “threaten to impair the national security[,]” then the President can impose additional customs duties (among other things) on covered products. On February 16, 2018, the Secretary of Commerce issued his reports to the President in both matters (unclassified versions of the reports are available here). In each case, the Department of Commerce concluded that the quantities and circumstances surrounding steel and aluminum imports “threaten to impair the national security,” thereby opening the door to the imposition of import restraints. Specifically, Commerce’s recommendations are as follows: Steel – Alternative Remedies 1. A global tariff of at least 24% on all steel imports from all countries, or 2. A tariff of at least 53% on all steel imports from 12 countries (Brazil, China, Costa Rica, Egypt, India, Malaysia, Republic of Korea, Russia, South Africa, Thailand, Turkey and Vietnam) with a quota by product on steel imports from all other countries equal to 100% of their 2017 exports to the United States, or 3. A quota on all steel products from all countries equal to 63% of each country’s 2017 exports to the United States. The measures would apply to steel mill products classified in subheadings 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90. The goal of such measures is to all U.S. steel producers to utilize 80% of production of capacity. Baker McKenzie International Trade Compliance Update | March 2018 17 The recommendation also includes a process to allow Commerce to grant requests from U.S. companies for specific product exclusions if there was insufficient domestic production, or for national security considerations. Aluminum – Alternative Remedies 1. A tariff of at least 7.7% on all aluminum exports from all countries, or 2. A tariff of 23.6% on all products from China, Hong Kong, Russia, Venezuela and Vietnam. All the other countries would be subject to quotas equal to 100% of their 2017 exports to the United States, or 3. A quota on all imports from all countries equal to a maximum of 86.7% of their 2017 exports to the United States. These measures would apply to unwrought aluminum (heading 7601), aluminum castings and forgings (subheadings 7616.99.51.60 and 7616.99.51.70), aluminum plat, sheet, strip and foil (flat rolled products) (headings 7606 and 7607); aluminum wire (heading 7605); aluminum bars, rods and profiles (heading 7604); aluminum tubes and pipes (heading 7608); and aluminum tube and pipe fittings (heading 7609). The goal of such measures is to all U.S. aluminum producers to utilize 80% of production of capacity. The recommendation also includes a process to allow Commerce to grant requests from U.S. companies for specific product exclusions if there was insufficient domestic production, or for national security considerations. The reports and recommendations are now under consideration by the President. The President is required to make a decision on the recommendations by April 11th (for steel) and by April 19th (for aluminum). We believe that it is likely that the President will take some action to “adjust imports” based on these reports. Accordingly, all companies that rely on steel and/or aluminum articles need to evaluate the impact such action may have on their production. This would apply not only to companies that import covered articles (which will be the articles hit with additional duties and/or quota limitations), but companies that import downstream articles (e.g., parts made of steel or aluminum) as well. The actions being contemplated are significant enough to have a ripple effect that impacts far more than just the covered products. If you have any questions about these reports, or what sort of evaluation you should be doing as a result, please let us know. Author: Ted Murphy. President’s Trade Policy Agenda and Annual Report released On February 28, 2018, the US Trade Representative (USTR) released the 359 page 2018 Trade Policy Agenda and 2017 Annual Report. The Report is prepared and submitted to Congress pursuant to Section 163 of the Trade Act of 1974, as amended (19 U.S.C. 2213). Chapter V and Annex II of the document meet the requirements of Sections 122 and 124 of the Uruguay Round Agreements Act with respect to the World Trade Organization. In addition, the report also includes an annex listing trade agreements entered into by the United States since 1984. Goods trade data are for full year 2017. Services data by country are only available through 2016. Baker McKenzie International Trade Compliance Update | March 2018 18 According to the Report, the trade policy agenda rests on five major pillars: supporting our national security; strengthening the U.S. economy; negotiating better trade deals; aggressive enforcement of U.S. trade laws; and reforming the multilateral trading system. The report may be downloaded as a single document or by separate chapters: • Chapter I - The President's Trade Policy Agenda • Chapter II - Agreements and Negotiations • Chapter III - Trade Enforcement Activities • Chapter IV - Other Trade Activities • Chapter V - The World Trade Organization • Chapter VI - Trade Policy Development • Annex I • Annex II • Annex III • Full Text of 2017 Trade Policy Agenda and 2016 Annual Report USTR corrects dates for 2018 Special 301 Review On February 22, 2018, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice correcting a USTR document published in the Federal Register on December 27, 2017 (82 Fed. Reg. 61363), concerning a request for comments and notices of intent to appear at a public hearing on Section 182 of the Trade Act of 1974, commonly referred to as the “Special 301” provisions. The dates specified in the notice have changed. Additional information on the hearing is also provided. See the Federal Register notice for the correct information. USTR publishes procedures for considering additional requests for exclusion of particular products from the solar products safeguard measure – seeks comments On February 14, 2018, USTR published in the Federal Register a notice [Docket No. USTR–2018–0001] that establishes the procedures to request the exclusion of a particular product from the safeguard measure imposed on January 23, 2018 by the President on imports of crystalline silicon photovoltaic (CSPV) cells, whether or not partially or fully assembled into other products such as modules (other CSPV products), consisting of (1) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products, with an unchanged rate of duty for the within-quota quantity and an increase in the rate of duty applicable to articles entered in excess of that quantity; and (2) an increase in the rate of duty on imports of other CSPV products, as provided for in the Proclamation’s annex. The notice also establishes the criteria for describing a particular product for which exclusion is sought, and identifies the factors that USTR may take into consideration when determining whether to exclude a particular product. It also solicits requests for exclusion of a particular product from the safeguard measure. The deadline for the submission of requests for exclusion of a particular product from the safeguard measure is March 16, 2018 at 11:59 pm EST. Baker McKenzie International Trade Compliance Update | March 2018 19 The deadline for the submission of comments in response to requests for exclusion of a particular product from the safeguard measure is April 16, 2018, at 11:59 pm EST. USTR makes technical corrections to the HTS announced in Presidential Proclamation 9694 On February 8, 2018, USTR published in the Federal Register a notice making technical modifications to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) to correct errors and omissions in the Annex to Presidential Proclamation 9694 issued on January 23, 2018, concerning imports of large residential washers and covered parts. This notice correct those errors and omissions to provide the intended tariff treatment. In particular, the notice corrects an error regarding the description of covered washer parts included in the application of the safeguard measure, as provided in paragraph 5 of Proclamation 9694. Effective with respect to articles entered or withdrawn from warehouse for consumption, on or after 12:01 am, eastern standard time, on February 7, 2018, U.S. Note 17(f) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified: (1) by deleting the phrase “, the foregoing which incorporate, at a minimum, (A) a side wrapper, (B) a base and (C) a drive hub” in subdivision (1); (2) by deleting the word “and” at the end of subdivision (2); (3) by renumbering subdivision (3) as subdivision (4); and (4) by inserting the following new subdivision (3) in numerical order: “(3) all assembled baskets provided for in subheading 8450.90.60 and designed for use in the washing machines defined in subdivision (c) of this note, which incorporate, at a minimum: (A) a side wrapper, (B) a base and (C) a drive hub; and”. ITC posts changes to HTS due to new safeguards The US International Trade Commission (ITC) has posted revisions to the Harmonized Tariff Schedule of the United States (HTS) in connection with the safeguard measures announced for large residential washing machines and solar cells and certain parts. Effective February 7, 2018, the following changes to the Harmonized Tariff Schedule for units of quantity reporting will take effect: • For HTS 8450.90.20 and 8450.90.60, certain parts of washing machines, the new unit of quantity will be “No.” instead of “X”. • For HTS 8541.40.6030, solar cells, a second unit of quantity, “W” (for total wattage), will be added. • For statistical reporting purposes under subheading 8541.40.6030, importers should report the total watts at maximum power based on standard test conditions according to the latest revision of International Electrotechnical Commission (IEC) 60904, “Photovoltaic Devices.” These modifications will take effect along with the increases in duty and the imposition of tariff-rate quotas on imports of washers and covered washer parts and certain CSPV products announced in Presidential Proclamations 9693 and 9694, of January 23, 2018. (Also see CBP CSMS# 18-000111 issued on Feb. 2, 2018). Baker McKenzie International Trade Compliance Update | March 2018 20 Reminder - customs valuation implications of year-end transfer price adjustments Just a quick reminder for those of you working at multinational companies which operate on a calendar year basis – do not forget to ask your tax colleagues whether any retroactive transfer pricing adjustments were made at, or before, year end (assuming they do not send this information to you on their own). If such adjustments were made (whether upward or downward), please be sure to consider the customs valuation implications here in the United States and elsewhere. The failure to declare upward transfer pricing adjustments is a very common enforcement issue in many jurisdictions (largely because the issue is so easy to identify and often involves significant amounts/penalties); whereas downward adjustments could lead to a refund of customs duties, taxes and fees in some jurisdictions (including the US, Canada, etc.). A quick note to your tax colleagues now could save a potential headache down the line, or put some money back in the company’s pocket. We regularly assist clients with (i) the internal discussions with tax to identify whether any adjustments or other additions to value exist, and (ii) reporting any relevant adjustments/additions to value to Customs Authorities where needed. If you would like any assistance with these issues, please let us know. Author: Ted Murphy. CBP and ICE announce program for the private sector to participate in trade-related training of CBP and ICE personnel On February 16, 2018, US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement (ICE) published in the Federal Register a joint general notice that announces CBP’s and ICE’s process to solicit, evaluate, and select interested parties in the private sector to fulfill agency needs for instruction and related instructional materials for trade-related training, pursuant to section 104 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). Section 104 of the TFTEA directs the Commissioner of CBP and the Director of ICE to establish and carry out, on a fiscal year basis, trade-related educational seminars to: (1) improve the ability of personnel of CBP to classify and appraise imported merchandise; (2) improve the trade enforcement efforts of CBP and ICE personnel; and (3) otherwise improve the ability and effectiveness of CBP and ICE personnel to facilitate legitimate international trade. Interested parties in the private sector that meet the guidelines and criteria set forth in the notice and are selected by CBP or ICE may provide instruction and related instructional materials at these seminars pursuant to section 104. Topics upon which training may be conducted include tariff classification, customs valuation, country of origin (including procedures for identifying merchandise bearing mislabeled country of origin markings), proper assessment of AD/CVD, evasion of duties on imports of textiles, border enforcement of IPR, enforcement of child labor laws, and other topics as appropriate and useful as concerns the trade-related duties and missions of CBP and ICE. Interested parties desiring to conduct training under this program will be selected based on: (1) the availability of CBP and ICE personnel for such training; (2) the relevance of the training to the topics specified in section 104; (3) the usefulness of the proposed training as concerns the trade-related duties and missions of CBP and ICE; (4) any existing or future need to train CBP and ICE personnel on Baker McKenzie International Trade Compliance Update | March 2018 21 identifying and detecting incorrect or false country of origin with respect to imported merchandise; and (5) the expertise and experience of the proposed private sector instructors in the subject matter of the proposed training. Private sector parties interested in providing training to CBP or ICE personnel may submit a training proposal satisfying the criteria set forth in the notice on or after February 16, 2018. No compensation or payment will be made to any private sector parties selected to provide such training. Private sector parties selected to participate will be required to execute a gratuitous services agreement. CBP extends import restrictions for certain archaeological material Belize On February 27, 2018, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 18-02] that amends CBP regulations to reflect the extension of import restrictions on certain archaeological material from Belize. These restrictions, which were imposed by CBP Dec. 13-05, are due to expire on February 27, 2018, unless extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this additional extension. These restrictions are being extended pursuant to determinations of the Department of State under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 13-05 contains the Designated List of archaeological material that describes the articles to which the restrictions apply. CBP amends list of User Fee airports On February 22, 2018, CBP published in the Federal Register a final rule and technical amendment [CBP Dec. 18-01] amending CBP regulations by revising the list of user fee airports to reflect the name changes of several airports and the designation of user fee status for five additional airports: South Texas International Airport at Edinburg in Edinburg, Texas; Florida Keys Marathon Airport in Marathon, Florida; Appleton International Airport in Appleton, Wisconsin; South Bend International Airport in South Bend, Indiana; and Conroe-North Houston Regional Airport in Conroe, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft. The amendments were effective on publication. 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 02-22-18 Accreditation and Approval of Saybolt LP (Clarksville, IN) as a Commercial Gauger (N) Accreditation and Approval of Saybolt LP (LaPlace, LA) as a Commercial La- Baker McKenzie International Trade Compliance Update | March 2018 22 F.R. Date Subject boratory (N) 02-26-18 Accreditation and Approval of Coastal Gulf and International (Luling, LA), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Inspectorate America Corporation (Lutcher, LA), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Inspectorate America Corporation (Martinez, CA), as a Commercial Gauger and Laboratory (N) CBP issues final determinations in procurement cases CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register. F.R. Date Ruling Reference (Date Issued) and Product Country of Origin 02-05-18 HQ H289700 (01-30-18) Rosuvastatin Calcium Tablets HQ H289701 (01-30-18) Levofloxacin Tablets HQ H289702 (01-30-18) Levetiracetam Tablets HQ H289704 (01-30-18) Metoprolol Tartrate Tablets HQ H289706 (01-30-18) Gabapentin Capsules HQ H289710 (01-30-18) Carvedilol Tablets HQ H289711 (01-30-18) Paroxetine Hydrochloride Tablets HQ H289712 (01-30-18) Entecavir Tablets HQ H289713 (01-30-18) Montelukast Sodium Tablets HQ H289714 (01-30-18) Simvastatin Tablets HQ H289715 (01-30-18) Donepezil Hydrochloride Tablets India HQ H282390 (01-30-18) Nyquist Ethernet Switch Mexico “Lever-Rule” application(s) filed CBP has received the following application(s) for “Lever-Rule” protection pursuant to 19 C.F.R. §133.2(f). In the event that CBP determines the goods under consideration are physically and materially different from the goods authorized for sale in the United States, CBP will publish a notice in the Customs Bulletin indicating that the referenced trademark is entitled to “Lever-rule” protection with respect to those physically and materially different goods. [Shown as “Approved” below] Customs Bulletin Date Applicant Products Covered by the Application Trademark 02-14-18 Kimberly-Clark Worldwide, Inc. Baby wipes manufactured in England, intended for sale outside the United States “HUGGIES” US TM REGISTRATION 1,679,795 CBP RECORDATION TMK 12-00132 CBP says “historic milestone” reached with final core trade processing deployment in ACE On February 27, 2018, US Customs and Border Protection (CBP) issued a press release stating that it reached a historic milestone on Feb. 24 deploying the last of the major scheduled core trade processing capabilities in the Automated Baker McKenzie International Trade Compliance Update | March 2018 23 Commercial Environment (ACE). ACE streamlines the import/export process into a “single window” that allows businesses to electronically transmit the data required by the U.S. Government to import or export cargo. ACE has automated 269 forms across CBP and more than 47 partner government agencies. More than 5.3 million lines of code were developed in order to automate all phases of cargo processing—pre-arrival, arrival, post release, exports, and partner government agency (PGA) integration—into ACE. The final deployment included post release capabilities for liquidation, reconciliation and drawback processes. The press release states: “This deployment of ACE is a significant achievement for CBP, the trade community and PGAs who have worked tirelessly to implement the “single window” for over 15 years. It has been one of the most complex IT projects the federal government has ever undertaken and required strong partnerships and collaboration across government and industry,” said Acting Commissioner Kevin McAleenan. “While it has been a long road from planning to implementation, a streamlined import and export processing system has already proven to be a tremendous benefit for international trade with an estimated $28 million in processing efficiencies for CBP and an estimated $52 million savings for industry in FY2017.” ACE provides for a transition away from paper-based procedures to faster, more streamlined processes for both government and industry. Built on a modernized platform, ACE expedites transaction processing by automating 269 forms across CBP and more than 47 PGAs. It has resulted in a 44 percent reduction in wait times for truck processing at land ports of entry and 68 times faster processing of bonds. “The completion of core trade processing in ACE marks a monumental milestone for CBP, the culmination of many years of dedicated partnership and innovation from government employees and the trade community,” said Executive Assistant Commissioner for the Office of Trade Brenda Smith. “Through ACE, federal agencies have earlier, automated visibility to shipment data, expediting their import or export assessments at the border and speeding the flow of legitimate trade while also improving the security, health and safety of cargo.” CBP’s investments in automation and capability acquisition, like ACE, led to an estimated 1.42 percent reduction in the cost of importing goods into the United States in FY2016. The total economic benefit of this reduction is estimated to be $6.5 billion. ACE facilitates legitimate trade and strengthens border security by providing government officials and the trade community with improved automated tools and information. This is significant in light of CBP’s recently released trade statistics. In FY2017, CBP processed more than $2.4 trillion in imports, almost $1.7 trillion in exports, and collected approximately $40.7 billion in duties, taxes, and fees. A key component of this last deployment is the updated approach to drawback authorized by the Trade Facilitation and Enforcement Act of 2015 (TFTEA) (Pub. L. 114- 125). By liberalizing and automating drawback operations, the number of drawback claims filed with CBP and the amount of duty, taxes and fees correspondingly refunded is expected to increase in the coming years. Looking ahead, CBP will focus on sustaining all deployed ACE capabilities and ensuring ACE operates as a highly available, reliable system. There is an ongoing demand for additional and enhanced ACE capabilities, and CBP will continue to collaborate with CBP, the trade community, PGAs and stakeholders to implement automated solutions that advance secure shipments, streamline trade processes and support strong enforcement of trade laws. ACE Liquidation update On February 24, 2018, U.S. Customs and Border Protection will deploy Liquidation capabilities in ACE at which time liquidations will no longer be Baker McKenzie International Trade Compliance Update | March 2018 24 filed/processed in the Automated Commercial System (ACS) and must be done via ACE. Details are outlined below. The following are the high-level changes for processing liquidations in ACE beginning January 2018: • New Weekly Processing: Liquidations will no longer occur on a two-week cycle. Liquidations will process weekly, with entry summaries liquidating every Friday. Once an entry summary is liquidated, ACE will automatically populate a liquidation date equal to the next immediate Friday. Liquidations processed before 11:59:59 PM Wednesday ET will post Friday of the same week; liquidations occurring after this timeframe will post the following Friday. • Temporary Importations Under Bond (TIB) Extensions: TIB Extensions requested by Trade will automatically be accepted in ACE, but CBP will have the ability to deny an extension as necessary. TIBs may only be extended for up to three years. • Deem Liquidations: For entry summaries that are deem liquidated, they will display on the electronic bulletin as “deem liquidated” for the basis of liquidation. • ACE Reports: ACE Reports will support liquidation data in ACE effective March 17, 2018. This will include pre-defined reports along with the ability to query for data down to a case number. Full details are available by way of the ACE Reports Information Notice. Programming Updates For ACE liquidation programming updates, please reference the following CATAIR documents: • The Courtesy Notice • TIB Extension and Closure • TIB Expiration Notice • Entry Summary Status Notification-when TIB extension is denied Reminder: As of January 14, 2017, CBP stopped printing C16 notices for posting to the liquidation bulletin. This process was replaced with an entirely electronic process available at the electronic Official Notice of Extension, Suspension and Liquidation page, which provides public notice. An ACE account is not required to access this information. Liquidations are posted 365 days a year, including holidays. Trade members are able to search the electronic bulletin by filer or date the event occurred. Postings are kept online for 15 months to allow time to search for a liquidation. After 15 months, a request will need to be made to CBP to view a past liquidation. For entry summaries with liquidation dates in the future, the liquidation reports are no longer displayed as “liquidated” and instead display “pending” as the liquidation status. CBP no longer prints separate notifications of extension and suspension. The Official Notice of Extension, Suspension and Liquidation serves as the official notice for extensions and suspensions. Sureties and filers still receive extension Baker McKenzie International Trade Compliance Update | March 2018 25 and suspension courtesy notices, which are sent via ABI. Those filing in paper will not receive a courtesy notice, as courtesy notices are only available to those filing electronically. If necessary, a liquidation may be extended up to three years. ACE Reconciliation update On February 24, 2018, U.S. Customs and Border Protection will deploy Reconciliation capabilities in ACE. CBP has provided the following high-level changes for processing Reconciliation in ACE: What will stay the same in ACE? While processing of Reconciliation is new to ACE, several foundational functions will remain the same: • Reconcilable Issues: Reconciliation will continue to be filed for value, classification, 9802, and Free Trade Agreement (FTA) issue types. • Timeframes: Entries flagged for FTA must be reconciled within 12 months; all other entries flagged for value, classification & 9802 must be reconciled within 21 months. • Types of Reconciliations: There are no changes to the types of Reconciliations that may be filed. They are: Change, No-Change, FTA. • Filing Methods: Aggregate or Entry-by-Entry. What will change with Reconciliation in ACE? Reconciliation Processing • Expanding from 13 processing ports to all entry ports and worked by the Centers for Excellence and Expertise (Centers) nationwide. If the importer is assigned to a Center, then that Center will work the Reconciliation. However, if the importer is not assigned to a Center, then the Reconciliation should be transmitted to their local port of entry for routing. Instructions will need to go out to those CBP ports as to how they will handle those entries. Participation Eligibility • All participation eligibility indicators for importer of record accounts will default to “Yes.” An application to request participation will no longer be required. In ACE, all importer of record numbers will be flagged as eligible to participate in Reconciliation. If an importer exhibits misconduct, CBP retains the right to revoke participation and set their Reconciliation participation eligibility indicator to “No.” • In addition, the importer is still required to secure and have on file in ACE a Reconciliation Bond Rider. • The two requirements above will authorize the filer to flag entry summary types 01, 02, & 06. Transmitting Underlying Entries to be Flagged • Only entry-by-entry flagging. CBP will no longer offer “blanket flagging”. Instead, the Trade will have to flag each entry-by-entry manually or configure their software to perform blanket flagging. • ACE Validations. ACE will validate the following information, otherwise the system will send a fatal reject message back to the filer. • The correct entry type (01, 02, 06) has been flagged. • Reconciliation entry criteria has been satisfied. • Reconciliation bond rider on file. Baker McKenzie International Trade Compliance Update | March 2018 26 • Reconciliation Participation Eligible indicator set to “Yes”. • Continuous bond on file (single transaction bonds are not allowed). • The correct Reconciliation issue type has been flagged. • For a 9802 flag, a 9802 claim must exist on the entry – this claim cannot be established at time of Reconciliation. • Entry type 02 is ineligible to be flagged for classification. • Only one Reconciliation entry (entry type 09) can be filed per group of issue type of underlying entries. FTA-flagged entries must have a separate Reconciliation entry filed. For example, two underlying entries, one flagged for value only, and one flagged for value & classification, must be reconciled on two separate Reconciliation entries. Transmitting Reconciliation Entry Type 09 • No longer need to submit original amounts. ACE will automatically populate the original values, duties, taxes, and fees. This information will be pulled from the associated entry summaries. • Information to be submitted via EDI: • Indicator for “Aggregate Refund Waiver Indicator” when filing an aggregate Reconciliation with a refund. • Indicator for “HTS Changed Due to Value Indicator” when value change is driven by HTS change. • Classification Pending Action Indicator. Filer will submit the Administrative Ruling, Protest, or Court action # when reconciling for Classification issue. • Filer will submit Contact Information, name, phone number, & email address. • Indicator for “Prior Disclosure Indicator” used to notify CBP that one or any flagged entry summary had a prior disclosure filed against it. • Reconciled amounts for value, duties, taxes and fees (no need to submit original amounts). • Free Trade Agreement Statement: Filer will submit the legal statements required for a Trade Agreement Reconciliation. • ACE Validations. ACE will validate the following information, otherwise will send an error message or a fatal reject message. • Correct Line Item Data: ACE will validate that the HTS/CO/SPI reported on the Line Item Data submitted on an aggregate/entry-by-entry Reconciliation entry belongs to an Associated ES otherwise ACE will return an error message. • Correct Information for Underlying Entry Summary: ACE will validate that the correct data is supplied for the correct filing method and type of Reconciliation entry. Reconciliation Liquidation Process • A CBPF 28 will be issued and responded to through ACE. If additional information is required, CBP will issue the CBPF 28 through ACE and the Trade will respond to this call for additional information through ACE, instead of paper. • ACE Reports for reconciliation data are forthcoming. CBP will notify the Trade when these reports are available. Please see Reconciliation in ACE page for cutover plan and statement cutover plan. Baker McKenzie International Trade Compliance Update | March 2018 27 Available Reconciliation resources • DIS Implementation Guide: A programming guide for the Document Image System • ACE ABI CATAIR: Reconciliation Entry Summary Create/Update • ACE Entry Summary Business Rules and Process Document • Recordings and transcripts of the following webinars are available on CBP.gov: • August 4, 2016 Reconciliation Webinar for Software Developers • August 24, 2016 Reconciliation Demonstration Webinar • December 8, 2016 Reconciliation Webinar • December 15, 2016 Reconciliation Webinar • December 22, 2016 Reconciliation Webinar • ACE Reconciliation Frequently Asked Questions • January 18, 2018 Federal Register Notice (FRN) 83 FR 2645 ACE Cuban ABI entries and eBond updates On February 24, 2018, U.S. Customs and Border Protection will deploy Cuban ABI Entries and updates to eBond functionality in ACE. CBP has supplied the following summary: Ability to Accept Goods from Cuba: ACE will be updated to allow electronic entry and entry summary filing via the Automated Broker Interface (ABI) for goods from Cuba. • Filers should ensure their software vendors have updated their programs to allow Cuba to be reported as a valid country of origin. Vendors should reference the latest ACE CATAIR documentation for coding revisions. eBond • ACE will decrement Drawback eBonds when Accelerated Payment (AP) is requested. An eBond bond status will be sent to the sureties. • Entry Summary Nightly, Entry Summary Quarterly, and Continuous Bond (AS, AQ, and BO) Automated Surety Interfaces (ASI) will be generated from ACE. All other ASI will remain in ACS. ACE drawback update On February 20, 2018, CBP updated its announcement that it will deploy Core and Trade Facilitation and Trade Enforcement Act (TFTEA) drawback in the Automated Commercial Environment (ACE) on February 24, 2018, at which time all Automated Broker Interface (ABI) drawback filings must be filed in ACE and will no longer be accepted in the Automated Commercial System (ACS). CBP states: The February 24th deployment includes ACE core drawback capabilities which align with current drawback laws, as well as the ability to file drawback claims pursuant to the new TFTEA legislation. For one year following the deployment – from February 2018 to February 2019 – claimants may file either core drawback or TFTEA drawback, as both the current and new laws will be in effect during this time. Following February 2019, trade users will only be able to file TFTEA drawback claims. The table Baker McKenzie International Trade Compliance Update | March 2018 28 below outlines the provisions accepted for Core and TFTEA drawback claims. CBP will publish further policy guidance for TFTEA drawback by mid-February 2018. Drawback Provisions Core Feb 24, 2018 – Feb 23, 2019 TFTEA Feb 24, 2019 and Onward Ability to file electronically X X Ability to file paper X Required to file electronically X Built in system validations X X Integration with post release processes X X Improved system controls X X Requires line level reporting X Substitution based on 8-digit HTS or Schedule B number X Recordkeeping requirement three years from date of liquidation X All claims due five years from date of importation X Reliance on documents kept in “normal course of business” X Drawback refunds a 99% of duties taxes and fees X Core Drawback Are filers able to file a non-ABI drawback claim? Yes; until February 23, 2019, manual drawback claims will still be accepted at Drawback Centers. In order to submit a manual drawback claim, a filer will need to prepare and submit a Drawback Coding Sheet and non-ABI claimants must provide the same CBP forms and supporting documentation that were being filed in ACS. It is important to note that, after the February deployment, manual drawback claims will be limited to 25 total lines/imports; and/or 25 total styles; and/or 25 total exports. Following submission, manual claims will be processed within 90 days. Claims submitted via ABI will have processing priority over manual claims. If rejected, manual filers will receive a written notice of cause for rejection. Rejected claims may be corrected and resubmitted, subject to the three-year export filing period. How do I file with an Accelerated Payment for Core Drawback? In order to file a drawback claim with an Accelerated Payment request indicator, a filer must have a valid bond with CBP. If a bond is either insufficient, or it is expired, CBP will not reject the claim, but rather the Accelerated Payment request indicator will be removed. In order for it to be added back, the filer will need to contact their Drawback Center and work with the drawback specialist after they have corrected the bond issue. Core and TFTEA Drawback What are the filing changes? In addition to what is outlined in the table above, the deployment and mandatory use of drawback in ACE for ABI submissions will result in a number of changes to the filing process for both core and TFTEA drawback claims. For example, filers will submit only entry type 47 for drawback; entry types 41-46 have been consolidated to the type 47 entry and will no longer be valid. Also, when submitting a drawback claim, filers will be required to provide the applicable provision. The drawback provision is an existing data element from CBP form 7551. If transmitting using ABI, it will need to be Baker McKenzie International Trade Compliance Update | March 2018 29 specified in the 10 record format. The list of Provisions can be found in Appendix A in the Drawback CATAIR. Following the transition from ACS to ACE, filers will also need to upload documents via the Document Image System (DIS) to complete the drawback claim. If additional information is required, CBP will send a CBP Form 28 (Request for Information) to the filer through the ACE Portal or by U.S. mail. ABI filers may submit a response to the CBP Form 28 using DIS. Non-ABI filers may respond by mail. Trade filers will also be required to provide an action indicator for each import and/or manufacturing record, informing CBP of the end result of the import. The list of action indicators are listed below: • D = Destroyed • L = Laden as Supplies • M = Mail Shipment • G = Government Mail • V = Vessels or Aircrafts • E = Exported • X = Manufactured • T = Manu. & Trans. or Trans Only • F = Exported to FTZ More information on action indicators can be found in the ACE Entry Summary Business Rules and Process Document. In addition, there are two new class codes for Drawback, 674 (oil spills tax) and 675 (domestic paid tax). TFTEA Drawback What are the filing changes? In addition to what is outlined in the table above, the following changes will also apply when filing TFTEA drawback claims: • There will be a limit on the number of records per claim. Specifically, each claim can have a combination of 5000 parts, pieces, and styles in the import, manufacturing, and export or destroyed records per drawback claim. • Substitution will now be based on an 8 - digit Harmonized Tariff Schedule or Department of Commerce Schedule B number. • When filing an ABI drawback claim, the paper CBP drawback entry form 7551 and the Delivery Certificate form 7552 will no longer be required. What are the elements of a complete drawback claim? Filing an ACE drawback claim will require different data elements than were required in ACS. A complete drawback claim will consist of a successful claim acceptance in ACE and the DIS submission within 24 hours of acceptance in ACE of all applicable documents: • CBP Form 7553: Notice(s) of Intent to Export, Destroy, or Return Merchandise for Purposes of Drawback • For 1313(j)(2): Commercially interchangeable determination ruling (CID) approval letter • For 1313(c)(1), 1313(c)(2), 1313(c)(3): Documents to establish that merchandise did not conform to sample or specification, was shipped without the consent of consignee, or was defective as of the time of importation • For 5062(c): Certification of the importer setting forth in detail the facts which cause the merchandise to be unmerchantable • For 1313(d): Production Exhibit • For 1313(p): Electronic Petroleum Certification • CBP Form 214: Exports to a Foreign Trade Zone Baker McKenzie International Trade Compliance Update | March 2018 30 • CBP Form 7514 or Master Declaration for FTZ Transfers • Oil Spill Tax: Tax worksheet, certification and copy of the tax return IRS Forms 720, 720x, and 6627 What information will a filer be required to provide when filing a claim? • Drawback Entry Number • Filing Port Code • Claimant ID Number • Drawback Provision • Drawback Claim Date • Total drawback claim amount requested • Import Entry Summary/HTS Data • Information on Exportation or Destruction • Notice of Intent to Export or Destroy (if applicable) • NAFTA Coding Sheet When filing an electronic drawback claim in ACE how do I know that it has been submitted? Once a drawback entry has passed all validations, the filer will receive an automated message indicating that the claim has been successfully accepted. If CBP rejects a claim submission, the filer will receive an automated message identifying the data element that resulted in the rejection. Rejected claims may be corrected and resubmitted, subject to the three-year export filing period. ACS to ACE Cutover Plan • The ACS Drawback ABI application (JJ) will be disabled at 8:00pm on Friday, February 23, 2018. Any submissions to ACS after that time will be rejected. • During the outage window, the ACE Drawback functionality for Trade and CBP users will be deployed to ACE production. • ACS Drawback Entries will be converted to ACE as part of the deployment of ACE Reconciliation. • Any ACE Drawback Entries submitted to ACE prior to completion of the deployment will be held in queue and processed once the entire deployment as completed. Are there any additional drawback resources available? • ACE Drawback CATAIR - DRAFT • ACE Drawback Error Dictionary • The updated ACE Entry Summary Business Rules and Process Document • Informational webinars on drawback filing in ACE are available on CBP.gov • Federal Register Notice (FRN) 83 Fed. Reg. 2644 was published on January 18, 2018 to announce the transition of Core drawback filing in ACE • ACE Drawback Frequently Asked Questions • Monthly Drawback Simplification Newsletters • DIS Implementation Guide: A programming guide for the Document Image System Baker McKenzie International Trade Compliance Update | March 2018 31 • DRAFT Drawback: Interim Guidance for Filing TFTEA Drawback Claims Version 1.1 (February 5, 2018) CBP’s Trade Transformation Office (TTO) will host a daily Drawback support call from February 26, 2018 to March 2, 2018 between 3:00 PM ET and 4:00 PM ET to answer questions related to the February 24th deployment. Call-In: (877) 336- 1829, Participant Code: 4840827. COAC to meet in Miami on February 28 On February 6, 2018, US Customs and Border Protection published in the Federal Register a notice announcing that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, February 28, 2018, in Miami, Florida at the DoubleTree Hotel, 711 NW 72nd Avenue, Miami, FL 33126. The meeting will be open to the public. Meeting participants may attend either in person or via webinar after pre-registering using one of the methods indicated in the Federal Register notice. Agenda The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed: 1. The Trusted Trader Subcommittee will present an update from the C-TPAT Minimum Security Criteria Working Group on its recommendations regarding CBP’s plans to roll out new C-TPAT criteria. The subcommittee will also provide an update on the progress on the Trusted Trader Strategy. 2. The One U.S. Government Subcommittee will continue discussions on the progress of the Fish & Wildlife Service Working Group and will present the white paper on the Harmonized Tariff Schedule project. The subcommittee will also discuss an update from CBP’s Trade Transformation Office on ACE Deployment G Release 4 and also from the Technical and Operational Outages Working Group. 3. The Exports Subcommittee will discuss the final work of the Export Manifest Working Group, which has been developing comprehensive recommendations on the following topics: timelines, filing regime, targeting regime, hold issuance and shipment interception process, and an account-based penalties regime. There will also be an update on the automated export manifest pilots, and on progress in implementing a post-departure filing pilot as part of the ocean pilot. 4. The Trade Modernization Subcommittee will discuss the International Engagement and Trade Facilitation Working Group’s efforts to prioritize the recommendations it made in 2017. The subcommittee will discuss the establishment of the Regulation Modernization Working Group and its efforts to identify and prioritize areas of regulations administered by CBP that can be reformed. In addition, the subcommittee will discuss the establishment of the Trade Facilitation and Trade Enforcement Act (TFTEA) Educational Mandate Working Group that will identify educational opportunities as referenced in Section 104 of TFTEA. Finally, the subcommittee will discuss the progress being made in the e-Commerce Working Group. 5. The Global Supply Chain Subcommittee will present the status of a pilot that will test the utilization of existing Automated Commercial Environment (ACE) automation in the pipeline mode of transportation. The committee will also discuss the progress of the Global Supply Chain Subcommittee’s Emerging Technologies Working Group. The subcommittee will discuss the activities of the newly formed In-Bond Working Group that will focus on identifying issues within the scope of the “Changes to the InBond Process” final rule published in the Federal Register on September 28, 2017 regarding their implementation. Baker McKenzie International Trade Compliance Update | March 2018 32 6. The Trade Enforcement & Revenue Collection (TERC) Subcommittee will provide necessary updates from the Anti-Dumping and Countervailing Duty, Bond, Forced Labor and Intellectual Property Rights Working Groups. Meeting materials will be available by February 23, 2018 at the CBP COAC Public Meetings website here. For details on attending the meeting, please see the Federal Register notice. CBP publications and fact sheets During the period of coverage of this Update, CBP issued the following new or revised publications and fact sheets: • Draft ACE Extract Reference (Feb. 12, 2018) • ADCVD Conversion Map updated • ACE Compliance Guidance for FSIS Message Set Data Elements (Feb. 3, 2018) • CATAIR Entry Summary Create/Update (Feb. 2018) • CATAIR Drawback/TFTEA Drawback Entry Summary Create/Resubmission (Feb. 2018) • ACE Drawback Error Dictionary (Feb. 23, 2018) • Standard Guidelines for CBP/Trade Outages Version 1.0 (Feb. 7, 2018) Revocations or modifications of CBP rulings See separate section below. CSMS messages The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below. Date CSMS# Title 02-01-18 18-000106 Harmonized System Update 1801 created January 31, 2018 18-000107 AESTIR Appendix A – Commodity Filing Response Messages 18-000108 Updates to HTS Flagging for NMFS SIMP NM8 18-000109 Resolved: Missing PGA status on some Cargo Release SO messages 02-02-18 18-000110 ACS - ACH Payment and ACH Reroute Schedule 18-000111 HTS Changes for Washing Machine Parts and Solar Cells 18-000113 ACE CERTIFICATION eBond deployment, Sat. Feb 3, 2018 @ 2200ET 02-05-18 18-000115 New Quota Bulletins on CSPV cells and washing machines 18-000116 02-06-18 18-000118 Local Closure - Port of New Orleans – February 13, 2018 18-000119 Repairs to Cargo Primary Lane at Blaine may Cause Delays to Truck Traffic - 2/6/2018 02-07-18 18-000120 Fix later today: Error saving Protest filings 18-000122 Resolved: Error saving ACE Protest filing on ACE Portal 02-08-18 18-000123 Updated CATAIR Posted to CBP.gov: Stand-alone Filing for Prior Notice Data 18-000124 Update on Informed Compliance For NMFS SIMP 18-000125 Port of Whitlash, Montana Closure due to Inclement Weather 02-09-18 18-000126 Updated CATAIR documents posted to CBP.gov 18-000127 Reminder: Deployment G, Release 4 - February 24, 2018 18-000129 ACE CERTIFICATION ASI Deployment Saturday, 02/10/2018 @ Baker McKenzie International Trade Compliance Update | March 2018 33 Date CSMS# Title 2230 ET 18-000130 Update: The Port of Whitlash, Montana is Now Open. 02-12-18 18-000131 New ADCVD Universe in ACE Reports Transition Date Extended to March 1, 2018 18-000132 Reminder: FTZ Zone Operator Bond 02-13-18 18-000133 Updated CATAIR document posted to CBP.gov for ACE Extract Reference Query 18-000134 Local Closure on February 9, 2018 for Ports 3801, 3802 and 3807 [Detroit, Port Huron, Detroit Metro Airport] 02-14-18 18-000136 ACE PRODUCTION CR Deployment, Thur 2/15/2018 @0500ET,impact CargoRel, EntrySummry 18-000137 Update to FDA Changes to FEI Syntax and Units of Measure for Tobacco 02-15-18 18-000139 Deployment G, Release 4 – Reconciliation – No Blanket Flagging for Underlying Entries 18-000140 Reminder: Deployment G, Release 4 – February 24, 2018 02-16-18 18-000141 Initiation of LTFV/CVD Investigations: Large Diameter Welded Pipe from CA GR IN CN KR TR 18-000142 Clarification: Deployment G, Release 4 – February 24, 2018 18-000143 Drawback interim guidance posted to CBP.gov 18-000144 Clarification: Deployment G, Release 4 – February 24, 2018 02-20-18 18-000147 FDA ITACS Planned Maintenance 02-21-18 18-000148 G4 Cutover Plans for Recon, Statements for Recon, and Drawback posted to CBP.gov 18-000149 Updated PGA Documentation 18-000150 ACE PRODUCTION Cargo Release and eBond Deployment, Thur 2/22/2018 @0500ET 02-22-18 18-000152 Statements Processing delays 18-000153 Client Rep Webinar Invitation for Software Vendors, Service Centers 18-000154 ACE Statement Processing, QN/PN, SU Delays - 2/22/18 18-000155 FDA ACE PGA Message Set Validations for Medical Device Products 18-000156 e214 Validation for Type 4 Bond and Proper Reporting of FTZ Operator IOR 18-000157 Initiation of Less-Than-Fair-Value and Countervailing Duty Investigations: Rubber Bands 18-000158 UPDATE - ACS Collections End of Day Processing Delays 18-000160 Deployment G, Release 4, Support Calls Information amd U9 Status Message Update 02-23-18 18-000161 FDA End-Dated Product Codes for CBER 18-000162 Drawback Profiles for ACE Drawback 18-000163 ACE PRODUCTION Deployments, Saturday evening Feb 24, 2018 02-26-18 18-000164 Updated Drawback CATAIR and Error Dictionary Posted to CBP.gov 18-000166 18-000167 ACE Deployment G4 Issue Tracker - 2/26 Update 02-27-18 18-000169 Harmonized System Update 1802 created on February 26, 2018 18-000171 18-000172 ACE Deployment G4 Issue Tracker - 2/27 Update 18-000173 Clarification on CSMS#18-000163 “ACE PRODUCTION Deployments Saturday evening Feb 24 2018” 18-000174 Update: EPA Supplemental Guidelines Posted 18-000175 CBP Downtime Policy for Trade V 1.0 18-000176 CBP Reaches Historic Milestone with Final Core Trade Processing Deployment in ACE 18-000178 Drawback fixes for 2-27-2018 at 9 PM Baker McKenzie International Trade Compliance Update | March 2018 34 Date CSMS# Title 02-28-18 18-000181 18-000182 ACE Deployment G4 Issue Tracker - 2/28 Update Foreign Trade Zones The following documents were published in the Federal Register by the ForeignTrade Zones Board: F.R. Date Document 02-02-18 Foreign-Trade Zone 81 – Portsmouth, New Hampshire; Application for Reorganization under Alternative Site Framework [B-6-2018] 02-06-18 Re-establishment and Expansion of Site – Foreign-Trade Zone 276 Kern County, California [Order No. 2046] 02-08-18 Foreign-Trade Zone 44 – Morris County, New Jersey; Application for Subzone: Distrilogik US Ltd., Dayton, New Jersey [S-23-2018] 02-09-18 Correction Notice: Foreign-Trade Zone 127 – West Columbia, South Carolina Authorization of Limited Production Activity; BGM America, Inc., Subzone 127C (Sailboats, Cabin Cruiser Powerboats, Outboard Motor Boats) Marion, South Carolina [B-62-2017] Foreign-Trade Zone 31 – Granite City, Illinois; Application for Reorganization and Expansion under Alternative Site Framework [B-9-2018] 02-12-18 Foreign-Trade Zone 49 – Newark, New Jersey; Notification of Proposed Production Activity Movado Group, Inc., (Timepieces and Jewelry) Moonachie, New Jersey [B-07-2018] Foreign-Trade Zone 134 – Chattanooga, Tennessee; Notification of Proposed Production Activity: Volkswagen Group of America – Chattanooga Operations, LLC (Passenger Motor Vehicles), Chattanooga, Tennessee [B-08-2018] 02-13-18 Expansion of Foreign-Trade Zone 281; under Alternative Site Framework; Miami, Florida [Order No. 2044] Foreign-Trade Zone 123 – Denver, Colorado; Authorization of Production Activity; Lockheed Martin Corporation Space Systems Company (Satellites and Other Space Craft) Littleton, Colorado [B-63-2017] Foreign-Trade Zone 92 – Harrison County, Mississippi; Authorization of Production Activity; Vision Technologies Marine, Inc. (Ocean-Going Vessels) Pascagoula, Mississippi [B-65-2017] Foreign-Trade Zone (FTZ) 23 – Buffalo, New York; Notification of Proposed Production Activity; Panasonic Eco Solutions Solar New York America; Subzone 23E (Solar Panels/Modules) Buffalo, New York [B-11-2018] Reorganization of Foreign-Trade Zone 19; under Alternative Site Framework Omaha, Nebraska [Order No. 2043] Approval of Subzone Status; Ackerman North America LLC/dba Amann USA Broomfield, Colorado [Order No. 2045] 02-14-18 Foreign-Trade Zone 134 – Chattanooga, Tennessee; Authorization of Production Activity (Passenger Motor Vehicles) Chattanooga, Tennessee [B-66-2017] Foreign-Trade Zone 102 -- St. Louis, Missouri; Application for Subzone; Orgill, Inc., Sikeston, Missouri [S-29-2018] Foreign-Trade Zone 76 – Bridgeport, Connecticut; Application for Subzone; SDI USA, LLC, Meriden, Connecticut [S-25-2018] 02-21-18 Foreign-Trade Zone 135 – Palm Beach, Florida; Application for Reorganization and Expansion under Alternative Site Framework [B-12-2018] 02-26-18 Foreign-Trade Zone 231 – Stockton, California; Application for Subzone Expansion, Subzone 231A; Medline Industries, Inc., Manteca, California [S-35-2018] FinCEN proposes special measures against ABLV Bank, AS On February 16, 2018, the Financial Crimes Enforcement Network (FinCEN), Treasury, published in the Federal Register a notice of proposed rulemaking Baker McKenzie International Trade Compliance Update | March 2018 35 (NPRM) [Docket Number FinCEN-2017-0013] pursuant to Section 311 of the USA PATRIOT Act, to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, ABLV Bank, AS. The NPRM sets forth (i) FinCEN’s finding that ABLV Bank, AS (ABLV), a commercial bank located in Riga, Latvia, is a foreign financial institution of primary money laundering concern pursuant to Section 311, and (ii) FinCEN’s proposal of a prohibition under the fifth special measure on the opening or maintaining in the United States of a correspondent account for, or on behalf of, ABLV. Section 311 of the USA PATRIOT Act (Section 311), codified at 31 U.S.C. 5318A, grants FinCEN the authority, upon finding that reasonable grounds exist for concluding that a jurisdiction outside of the United States, one or more financial institutions operating outside of the United States, one or more classes of transactions within or involving a jurisdiction outside of the United States, or one or more types of accounts is of primary money laundering concern, to require domestic financial institutions and domestic financial agencies to take certain “special measures.” The five special measures enumerated in Section 311 are prophylactic safeguards that defend the U.S. financial system from money laundering and terrorist financing. FinCEN may impose one or more of these special measures in order to protect the U.S. financial system from these threats. Special measures one through four, codified at 31 U.S.C. 5318A(b)(1)–(b)(4), impose additional recordkeeping, information collection, and reporting requirements on covered U.S. financial institutions. The fifth special measure, codified at 31 U.S.C. 5318A(b)(5), allows FinCEN to prohibit, or impose conditions on, the opening or maintaining in the United States of correspondent or payable-through accounts for, or on behalf of, a foreign banking institution, if such correspondent account or payable-through account involves the foreign financial institution found to be of primary money laundering concern. Written comments on the notice of proposed rulemaking must be submitted on or before April 17, 2018. New sanctions measures put shipping industry on notice of North Korea sanctions risks As part of its continuing efforts to isolate North Korea from the world economy, on February 23, 2018, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced new sanctions measures targeting North Korea’s shipping industry and issued an advisory document entitled “North Korea Sanctions Advisory,” which highlights sanctions risks in the global shipping industry. I. New Sanctions Designations The new sanctions measures involve the designation as Specially Designated Nationals (“SDNs”) of 27 shipping and trading companies, 28 vessels, and one individual accused of operating in or providing assistance to the North Korean shipping industry. Many of these entities and vessels have connections with China, Singapore, Taiwan, Hong Kong, the Marshall Islands, Tanzania, Panama, and Comoros, highlighting the on-going efforts to disincentivize any extraterritorial assistance to North Korea as it continues to evade US and/or UN sanctions. As a consequence of the OFAC designations, all of the property and interests in property within US jurisdiction of these designated individuals and entities are Baker McKenzie International Trade Compliance Update | March 2018 36 blocked. Additionally, “US Persons” are generally prohibited from engaging in transactions with an SDN and any entities 50% or more owned by an SDN. “US Persons” include (i) entities organized under US laws and their non-US branches, (ii) individuals or entities in the United States, and (iii) US citizens or permanent resident aliens (“Green Card” holders) wherever located. Non-US Persons, including separately incorporated non-US subsidiaries of US companies, may be subject to US jurisdiction if they cause any SDN-related transactions to occur in whole or in part in the United States, including through the inter-country transfer of US dollars. II. Advisory on Sanctions Risks Related to North Korea’s Shipping Practices OFAC, in conjunction with the US State Department and Coast Guard, also issued the above referenced advisory to alert insurers, flag registries, shipping companies, financial institutions, and others involved in the shipping industry to the potential risks under US and/or UN sanctions of engaging in transactions with the North Korean shipping and transportation industries, as well as to draw attention to the apparent deceptive shipping practices of North Korea. In particular, the guidance reiterates that OFAC may designate both US and nonUS persons as SDNs, stating explicitly that OFAC is “aggressively targeting” any person who: • Facilitates a significant export to or import from North Korea; or • Engages in the transportation industry of the North Korean economy. OFAC has wide discretion over what it considers to be “significant” depending on the policy objective under the given circumstances. The advisory is also a reminder that US law requires that OFAC impose sanctions on any person, whether US or non-US, determined to have knowingly, directly or indirectly: • Provided significant amounts of fuel or supplies, provided bunkering services, or facilitated a significant transaction or transactions to operate or maintain a vessel or aircraft designated under US or UN sanctions, or that is owned or controlled by a person designated under US or UN sanctions; or • Insured, registered, facilitated the registration of, or maintained insurance or registration for, a vessel owned or controlled by the Government of North Korea. OFAC may also designate any non-US financial institution that knowingly facilitates a significant export to or import from North Korea, or on behalf of a North Korea-related blocked person, such as an SDN. Finally, the guidance reiterates that UN sanctions allow for: • An asset freeze and travel ban designation for any individual or entity engaged in or providing support for, including through other illicit means, North Korea’s nuclear, weapons of mass destruction, and ballistic missile programs; and • Take a variety of actions against vessels, including: deflagging/deregistering, inspection requirements, a global port entry ban, and/or impoundment. Separately, the advisory provides examples of the tactics used by North Korea to obfuscate the identity of the vessels, the goods being shipped, and the origin Baker McKenzie International Trade Compliance Update | March 2018 37 and/or destination of cargo. These examples may be relevant not only to shipping companies, but also more generally to trading companies operating in the region and beyond. The advisory makes clear that routine counterparty screening, in and of itself, may not be sufficient to avoid dealings with North Korean ships and shipping. Insurers, flag registries, shipping companies, financial institutions, and others involved in the shipping industry should, therefore, meaningfully assess their potential exposure to the North Korean shipping industry and consider additional risk mitigation measures. Companies should also review the list of “red flags” highlighted by OFAC in the advisory and consider whether their compliance programs are properly structured to identify and escalate these indicators of potential illicit conduct for careful review. For additional information, please contact the authors, Ryan Fayhee, Eunkyung Kim Shin, Lloyd Grove or any member of our Outbound Trade group with whom you normally work. Census announces arrival of new Schedule B numbers On February 5, 2018, the Census Bureau announced that The Schedule B commodity classification codes for export have been updated for 2018. Codes are updated every January and July at the 10-digit level. All of the following resources can be found online. • The new 2018 Schedule B book is available in HTML and PDF formats. All current and historic codes added or removed from the Schedule B going back to the last major revision, in January 2017, can be found in the “Add/Delete List“ under “Browse chapters.” • Outdated Schedule B codes are available. The “Obsolete to New” list is a quick way to see which codes are no longer valid, starting January 2018, and which new codes replaced them. Notice that from 2016 forward, there were obsolete codes in both January and July. Before 2016, the Schedule B numbers were only updated annually. • A third resource available is the Schedule B Search Engine. State amends ITAR On February 14, 2018, the Department of State (State) published in the Federal Register a final rule [Public Notice 10306] amending the International Traffic in Arms Regulations (ITAR) to include reference to South Sudan in its regulations on prohibited exports, imports, and sales to and from certain countries, and to update defense trade policy toward South Sudan by applying a policy of denial on the export of defense articles and defense services to South Sudan, except as otherwise provided. This amendment reflects a policy determination made by the Secretary of State. BIS adds 21 entities to the Entity List On February 16, 2018, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 180112034-8034-01] that amends the Export Administration Regulations (EAR) by adding twenty-one entities to the Entity List. The twenty-one entities that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating Baker McKenzie International Trade Compliance Update | March 2018 38 international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Georgia, Poland and Russia. BIS seeks comments on controls on energetic materials, armored and protective “equipment” and military electronics On February 12, 2018, the Bureau of Industry and Security (BIS) published in the Federal Register a notice of inquiry and request for comments [Docket No. 170721692–8078–01] to perform a complementary review of items on the Commerce Control List (CCL) concurrent with the Department of State’s review [below] of the controls implemented in its recent revisions of parts of the United States Munitions List (USML; which control explosives and energetic materials, propellants, incendiary agents and their constituents; personal protective equipment; and military electronics), to ensure that the descriptions of these items on the CCL are clear, items for normal commercial use are not inadvertently controlled as military items on the USML, technological developments are accounted for on the control lists, and controls properly implement the national security and foreign policy objectives of the United States. This Notice of Inquiry also furthers the regulatory reform agenda directed by the President in Executive Order 13777. Comments must be received by BIS no later than April 13, 2018. State seeks comments regarding USML Categories V, X and XI On February 12, 2018, the Department of State (State) published in the Federal Register a notice of inquiry and request for comments [Public Notice 9980; Docket No. DOS-2017-0017] regarding review of United States Munitions List Categories V, X, and XI. State periodically reviews USML categories to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the United States. The Notice of Inquiry is the third in a series of solicitations requesting feedback on revised USML categories. Previous Notices of Inquiry requested comments on Categories VIII and XIX (see 80 Fed. Reg. 11314) and Categories VI, VII, XIII, and XX (see 80 Fed. Reg. 61138). The subjects of this Notice of Inquiry are Categories V and X, which was most recently revised on January 2, 2014 (see 79 Fed. Reg. 34), and Category XI, which was most recently revised on July 1, 2014 (see 79 Fed. Reg. 37536). Additionally, State determined that it is in the interest of the security of the United States to temporarily revise USML Category XI paragraph (b), pursuant to the provisions of 22 C.F.R. 126.2, while a long-term solution is developed. A recent final rule extends the July 2, 2015 modification (80 Fed. Re. 78130) to August 30, 2018 to allow the U.S. government to review USML Category XI in full and publish proposed and final rules. As with previous inquiries, State seeks comment from the public on the condition and efficacy of these categories. State will accept comments on the Notice of Inquiry up to April 13, 2018. State changes policy on exports of defense articles and defense services to South Sudan On February 2, 2018, the Directorate of Defense Trade Controls posted the following notice on its “New Items and Announcements“ page: Pursuant to section 38(a) of the Arms Export Control Act and the delegated authority of the Secretary of State thereunder, the Secretary has determined that it is the policy of the Department of State to deny, with limited exceptions, export licenses or other approvals for defense articles and defense services subject to the International Traffic Baker McKenzie International Trade Compliance Update | March 2018 39 in Arms Regulations (ITAR) and destined for South Sudan. This policy is effective immediately. DDTC will publish a rule in the Federal Register to implement a conforming change to ITAR §126.1. Restrictive measures and additions to OFAC, State, BIS or USCG 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), the Bureau of Industry and Security (BIS) or the US Coast Guard (USCG): F.R. Date Applicable orders 02-01-18 OFAC: Notice of OFAC Sanctions Actions (N) [16 individuals, 9 entities, 6 vessels, revised information on 1 individual and 1 entity] 02-05-18 OFAC: Notice of OFAC Sanctions Actions [4 individuals. 4 entities] OFAC: Notice of OFAC Sanctions Actions [21 individuals, 9 entities, 12 additional entities] 02-06-18 State: E.O. 13224 Designation of Harakat al-Sabireen, aka Al-Sabirin, aka AlSabireen, aka a-Sabrin organization, aka Al-Sabireen Movement for Supporting Palestine, aka Al-Sabireen for the Victory of Palestine, aka The Sabireen Movement, aka HESN, aka Movement of Those Who Endure with Patience, aka Movement of the Patient Ones as a Specially Designated Global Terrorist [Public Notice: 10301] (N) State: E.O. 13224 Designation of Hasm, aka Hassm, aka Hasm Movement, aka Harakah Sawa’id Misr, aka Harakat Sawa’d Misr, aka Arms of Egypt Movement, aka Movement of Egypt’s Arms, aka Movement of Egypt’s Forearms, aka Hamms, aka Hassam, aka Hasam as a Specially Designated Global Terrorist entity [Public Notice: 10302] (N) State: E.O. 13224 Designation of Ismail Haniyeh, aka Ismail Abdel Salam Ahmed Haniyeh, aka Ismail Haniya, aka Ismail Haniyah, aka Ismail Haniyyah, aka Ismael Haniyah, aka Ismael Haniya, aka Ismayil Haniyeh, aka Ismail Hanieh as a Specially Designated Global Terrorist [Public Notice: 10303] (N) State: E.O. 13224 Designation of Liwa al-Thawra, aka Liwa al-Thawrah, aka Liwa’ al- Thawrah, aka Liwaa al-Thawra, aka Lewaa Al-Thawra, aka Revolution Brigade, aka The Revolution Brigade, aka Banner of the Revolution, as a Specially Designated Global Terrorist Entity [Public Notice: 10300] (N) 02-07-18 OFAC: Notice of OFAC Sanctions Action (N) [6 individuals and 7 entities] 02-08-18 US Coast Guard: List of Vessels Prohibited from Entering or Operating within the Navigable Waters of the United States, Pursuant to the Ports and Waterways Safety Act, as amended by the Countering America’s Adversaries Through Sanctions Act [Docket No. USCG-2017-1006] (N) 02-13-18 OFAC: Notice of OFAC Sanctions Actions (N) [3 persons] 02-16-18 BIS: Russian Sanctions: Addition of Certain Entities to the Entity List [Docket No. 180112034-8034-01] (FR) [21 entities] 02-20-18 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals; 4 entities] 02-21-18 OFAC: Notice of OFAC Sanctions Actions (N) [10 individuals; 7 entities] 02-26-18 State: E.O. 13224 Designation of Ansarul Islam, aka Ansarour Islam, aka Ansar al-Islam, aka Defenders of Islam, aka Ansar-ul-islam lil-ichad wal jihad, aka IRSAD, aka Ansar ul Islam of Malam Boureima Dicko, as a Specially Designated Global Terrorist [Public Notice: 10321] (N) 02-28-18 State: E.O. 13224 Designation of ISIS-Egypt, aka Islamic State in Egypt, aka Islamic State Egypt, as a Specially Designated Global Terrorist [Public Notice: 10334] (N) State: E.O. 13224 Designation of ISIS-Somalia, aka Islamic State in Somalia, aka ISS, aka ISIS in East Africa, aka Abnaa ul-Calipha as a Specially Designated Global Terrorist [Public Notice: 10333] (N) State: In the Matter of the Designation of ISIS-Bangladesh (and Other Aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice: 10329] (N) Baker McKenzie International Trade Compliance Update | March 2018 40 F.R. Date Applicable orders State: In the Matter of the Designation of ISIS-Philippines (and Other Aliases) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice: 10326] (N) State: In the Matter of the Designation of ISIS-West Africa (ISIS-WA) aka ISIS West Africa aka ISIS West Africa Province aka Islamic State of Iraq and Syria West Africa Province aka Islamic State of Iraq and the Levant-West Africa (ISILWA) aka Islamic State West Africa Province (ISWAP) as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice: 10328] (N) State: E.O. 13224 Designation of Abu Musab al-Barnawi aka Habib Yusuf as a Specially Designated Global Terrorist [Public Notice: 10325] (N) State: E.O. 13224 Designation of ISIS-Philippines, aka ISIS in the Philippines, aka ISIL Philippines, aka ISIL in the Philippines, aka IS Philippines, aka ISP, aka Islamic State in the Philippines, aka Islamic State in Iraq and Syria in South-east Asia, aka Dawlatul Islamiyah Waliyatul Masrik , DIWM, aka Dawlatul Islamiyyah Waliyatul Mashriq, aka IS East Asia Division, aka ISIS branch in the Philippines, aka ISIS’ “Philippines province” as a Specially Designated Global Terrorist [Public Notice: 10332] (N) State: E.O. 13224 Designation of ISIS-Bangladesh, aka Caliphate in Bangladesh, aka Caliphate’s Soldiers in Bangladesh, aka Soldiers of the Caliphate in Bangladesh, aka Khalifah’s Soldiers in Bengal, aka Islamic State Bangladesh, aka Islamic State in Bangladesh, aka ISB, aka ISISB, aka Abu Jandal alBangali, aka Neo-JMB, aka Neo-Jamaat-ul Mujahideen Bangladesh, aka NewJMB as a Specially Designated Global Terrorist [Public Notice: 10327] (N) State: E.O. 13224 Designation of ISIS-West Africa (ISIS-WA), aka ISIS West Africa, aka ISIS West Africa Province, aka Islamic State of Iraq and Syria West Africa Province, aka Islamic State of Iraq and the Levant-West Africa (ISIL-WA), aka Islamic State West Africa Province (ISWAP) as a Specially Designated Global Terrorist [Public Notice: 10331] (N) State: E.O. 13224 Designation of Mahad Moalim as a Specially Designated Global Terrorist [Public Notice: 10335] (N) State: E.O. 13224 Designation of the Maute Group, aka IS-Ranao, aka Islamic State of Lanao, as a Specially Designated Global Terrorist [Public Notice: 10330] (N) Orders denying export privileges During the past month, the following orders were published: F.R. Date Subject 02-02-18 Gulnihal Yegane et al 02-14-18 Justin Gage Jangraw 02-20-18 Irina Cvetkovic 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 02-02-18 State: Global Magntisky Human Rights Accountability Act Annual Report [Public Notice: 10258] (N) ITA: Proposed Information Collection; Comment Request; Application for Export Trade Certificate of Review Baker McKenzie International Trade Compliance Update | March 2018 41 F.R. Date Subject 02-05-18 BIS: Proposed Information Collection; Comment Request; Request for the Appointment of a Technical Advisory Committee 02-07-18 State: Meeting on United States-Oman Free Trade Agreement Environment Chapter Implementation, Joint Forum On Environmental Cooperation, and Public Session [Public Notice 10305] (N) [March 4 and 5, 2018 in Muscat, Oman] State: Notice of Receipt of an Application from the California Department of Transportation for Issuance of a Presidential Permit Authorizing the Construction, Connection, Operation, and Maintenance of a New Border Crossing at Otay Mesa East [Public Notice: 10296; DOS-2018-0007] (N/RFC) 02-08-18 ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty (N) 02-14-18 State: Meeting on United States-Morocco Free Trade Agreement Environment Chapter Implementation, Working Group on Environmental Cooperation, and Public Session [Public Notice: 10313] (N/H) [Rabat, March 13, 2018] 02-16-18 BIS: The Effect of Imports of Steel on the National Security, An Investigation Conducted under Section 232 of the Trade Expansion Act of 1962, as Amended BIS: The Effect of Imports of Aluminum on the National Security, An Investigation Conducted under Section 232 of the Trade Expansion Act of 1962, as Amended 02-20-18 BIS: Materials Processing Equipment Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [March 6, 2018] BIS: Materials Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [March 8, 2018] BIS: Transportation and Related Equipment Technical Advisory Committee Notice of Partially Closed Meeting (N/H) [March 7, 2018] 02-21-18 BIS: Proposed Information Collection; Comment Request; Request for Investigation under Section 232 of the Trade Expansion Act [OMB Control Number: 0694-0120 ] (N) 02-22-18 State: Meeting of The United States-Bahrain Joint Forum on Environmental Cooperation and Request For Comments on The Meeting Agenda and The 2017- 2021 Work Program [Public Notice 10314] (N/H) [Manama, March 7, 2018] State: Notice of Public Meeting of the International Telecommunication Advisory Committee and Preparations for Upcoming International Telecommunications Meetings [Public Notice 10315] (N/H) [March 9, 2018] 02-23-18 ITA: Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [July 19, 2018] ITA: Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [March 15, 2018] ITA: Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [May 17, 2018] 02-27-18 ITA: Notice of Request for Applicants for Appointment to the United StatesMexico Energy Business Council (N) State: 60-Day Notice of Proposed Information Collection: Request for Approval of Manufacturing License Agreements, Technical Assistance Agreements, and Other Agreements [DDTC] [Public Notice 10324; DOS-2018-0011; OMB No. 1405-0093] (N) State: 60-Day Notice of Proposed Information Collection: Maintenance of Records by DDTC Registrants [Public Notice: 10322; DOS-2018-0009; OMB No. 1405-0111] (N) 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 02-01-18 Craft Beverage Modernization and Tax Reform Baker McKenzie International Trade Compliance Update | March 2018 42 FTC amends Energy Labeling Rule On February 22, 2018, the Federal Trade Commission (FTC) published in the Federal Register a final rule that amends the Energy Labeling Rule (“Rule”) by updating ranges of comparability and unit energy cost figures on EnergyGuide labels for dishwashers, furnaces, room air conditioners, and pool heaters. The FTC also set a compliance date of October 1, 2019 for EnergyGuide labels on room air conditioner boxes and makes several minor clarifications and corrections to the Rule. The amendments are effective May 23, 2018. Background: The Commission issued the Rule in 1979, pursuant to the Energy Policy and Conservation Act of 1975 (EPCA). The Rule requires energy labeling for major home appliances and other consumer products to help consumers compare competing models. It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions. The Rule requires manufacturers to attach yellow EnergyGuide labels to many covered products and prohibits retailers from removing these labels or rendering them illegible. In addition, it directs sellers, including retailers, to post label information on websites and in paper catalogs from which consumers can order products. EnergyGuide labels for most covered products contain three key disclosures: Estimated annual energy cost, a product’s energy consumption or energy efficiency rating as determined by DOE test procedures, and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models. For cost calculations, the Rule specifies national average costs for applicable energy sources (e.g., electricity, natural gas, oil) as calculated by DOE. Under the Rule, the Commission periodically updates comparability range and annual energy cost information based on manufacturer data submitted pursuant to the Rule’s reporting requirements. The Rule also sets a five-year schedule for updating comparability range and annual energy cost information. 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 02-01-18 CPSC: CPSC Acceptance of Third Party Laboratories: Revision to the Notice of Requirements for Prohibitions of Children's Toys and Child Care Articles Containing Specified Phthalates [Docket No. CPSC–2017–0043] (FR/N) 02-05-18 CPSC: Amendments to Fireworks Regulations; Notice of Opportunity for Oral Presentation of Comments [Docket No. CPSC–2006–0034] (PR) 02-20-18 FTC: Delegation of Limited Authority (FR) FTC: Regulatory Review Schedule (N/RFC) 02-22-18 FTC: Energy Labeling Rule (FR) FTC: Guides for the Nursery Industry (N/RFC) 02-27-18 CPSC: All-Terrain Vehicles [CPSC Docket No. 2017-0032] (FR) CPSC: Hazardous Substances and Articles; Administration and Enforcement Regulations: Corrections to Animal Testing Regulations [CPSC Docket No. CPSC-2012-0036] (FR) Baker McKenzie International Trade Compliance Update | March 2018 43 FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders: F.R. Date Subject 02-26-18 Q11 Development and Manufacture of Drug Substances--Questions and Answers (Chemical Entities and Biotechnological/Biological Entities); International Council for Harmonisation; Guidance for Industry; Availability [Docket No. FDA2011-D-0436] (N) APHIS and other USDA notices issued During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]: F.R. Date Subject 02-06-18 APHIS: Supplemental Requirements for Importation of Fresh Citrus From Colombia Into the United States [Docket No. APHIS-2017-0074] (N/RFC) 02-12-18 AMS: Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Continuance Referendum [Document No. AMS-SC-17- 0072] (N) APHIS: Standardizing Phytosanitary Treatment Regulations: Approval of Cold Treatment and Irradiation Facilities; Cold Treatment Schedules; Establishment of Fumigation and Cold Treatment Compliance Agreements [Docket No. APHIS2013-0081] (FR) 02-13-18 FSIS: Egg Products Inspection Regulations [Docket No. FSIS-2005-0015] (PR) 02-14-18 AMS: Fees for Official Inspection and Official Weighing Services under the United States Grain Standards Act (USGSA) (FR) 02-16-18 FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on Residues of Veterinary Drugs in Food [Docket No. FSIS-2017-0053] (N/H/RFC) 02-20-18 APHIS: Notice of Availability of an Evaluation of the Classical Swine Fever and Swine Vesicular Disease Status of Japan [Docket No. APHIS-2017-0098] (N) 02-21-18 FSIS: Codex Alimentarius Commission: Codex Committee on Pesticide Residues (CCPR) [Docket No. FSIS-2018-0002] (N/H) [March 15, 2018] FAS GAIN reports Below is a partial list of Global Agriculture Information Network (GAIN) reports that were recently issued by the US Foreign Agriculture Service (FAS) in the Food and Agricultural Import Regulations and Standards (FAIRS) series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website. • Canada - Canada Releases Proposed Regulations for Front of Package Labeling • Canada - FAIRS - Narrative • Chile – FAIRS - Narrative • Chile - Update on Chilean Advertising of Packaged Foods and Beverages • China - China Notifies Measures for the Inspection and Supervision Baker McKenzie International Trade Compliance Update | March 2018 44 • China - FAIRS - Certification • China - FAIRS - Narrative • China - Importing Foods without National Food Safety Standards • Colombia – FAIRS - Narrative • Dom. Rep. - Dominican Government Simplifies Sanitary Registration Process • Egypt – FAIRS - Certification • EU - EU Bans Use of Artificial Sweeteners in Dietetic Bakery Products • EU - New Rules on BPA More Restrictive _ • France – FAIRS - Certification • France – FAIRS - Narrative • India - Tariffs Increased and Additional Fees with 2018-19 Budget • Israel - Certificate of Origin Update • Israel - New Nutritional Labeling Regulation • Italy - FAIRS - Narrative • Japan – FAIRS - Narrative • Japan - MHLW invites public comments on revision of tofu standards • Lithuania – FAIRS - Narrative • Netherlands – FAIRS Report • Panama - Exporter Guide • Russia - Draft SPS Measure on Rabbit Semen Notified to WTO • Senegal – FAIRS - Certification • Senegal - FAIRS - Narrative • Singapore - FAIRS - Certification • Singapore - FAIRS - Narrative • Ukraine - Feed Regulations Change • Venezuela – FAIRS - Narrative 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: F.R. Date Subject 02-01-18 Drug Enforcement Administration (DEA): Schedules of Controlled Substances: Temporary Placement of Seven Fentanyl-Related Substances in Schedule I [Docket No. DEA–475] (Temp. Amend/Sched. Order) Environmental Protection Agency (EPA): Dicloran (DCNA); Amendments To Terminate Uses for Certain Pesticide Registrations [EPA–HQ–OPP–2005– 0265; FRL–9972–01] (N) EPA: Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation/Termination or Suspension of Permits; Procedures for Decisionmaking; Correction [FRL–9971–52–OARM] (FR) 02-06-18 DEA: Schedules of Controlled Substances: Temporary Placement of FentanylRelated Substances in Schedule I [Docket No. DEA-476] (Temp) 02-07-18 Energy: Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products [EERE-2017-BT-STD-0062] (RFI) EPA: Fomesafen; Pesticide Tolerances [EPA-HQ-OPP-2015-0629; FRL-9972- Baker McKenzie International Trade Compliance Update | March 2018 45 F.R. Date Subject 66] (FR) EPA: Isoxaben; Pesticide Tolerances [EPA-HQ-OPP-2016-0650; FRL-9972- 75] (FR) EPA: Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products [EPA-HQ-OPPT-2017-0245; FRL9972-68] (FR) 02-08-18 EPA: Modification of Significant New Use of a Certain Chemical Substance [EPA-HQ-OPPT-2011-0941; FRL-9973-02] (PR) EPA: Assignment and Application of the “Unique Identifier” under TSCA Section 14; Notice of Additional Information and Opportunity to Comment [EPAHQ-OPPT-2017-0144; FRL-9972-94] (N) 02-09-18 EPA: Cyflufenamid; Pesticide Tolerances [EPA-HQ-OPP-2016-0649; FRL9972-61] (FR) EPA: Zoxamide; Pesticide Tolerances [EPA-HQ-OPP-2016-0681; FRL-9972- 69] (FR) EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for November 2017 [EPA-HQ-OPPT-2017-0141; FRL-9972-07] (N) EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for October 2017 [EPA-HQ-OPPT-2017-0141; FRL-9972-05] (N) 02-12-18 EPA: Rimsulfuron; Pesticide Tolerances [EPA-HQ-OPP-2016-0516; FRL-9972- 36] (FR) Fish and Wildlife Service (FWS): Civil Penalties; 2018 Inflation Adjustments for Civil Monetary Penalties [Docket No. FWS–HQ–LE–2017–0097; FF09L00200– FX–LE18110900000] (FR) 02-13-18 Maritime Administration (MARAD): Inventory of U.S.-Flag Launch Barges; Invitation for Public Comments [Docket No. MARAD-2018-0020] (N) National Highway Transportation Safety Admin. (NHTSA): Removing Regulatory Barriers for Vehicles With Automated Driving Systems [Docket No. NHTSA– 2018–0009] (H/RFC) 02-16-18 EPA: Pendimethalin; Pesticide Tolerances [EPA-HQ-OPP-2014-0247; FRL9973-03] (FR) Interior: Draft List of Critical Minerals [DOI-2018-0001; 178D0102DM, DS6CS00000, DLSN00000.000000, DX.6CS25] (N) [Pursuant to Executive Order 13817 issued on December 20, 2017, “A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals”] 02-20-18 EPA: Quizalofop ethyl; Pesticide Tolerances [EPA-HQ-OPP-2011-0152; FRL9972-24] (FR) 02-22-18 EPA: Methyl-alpha-D-mannopyranoside (Alpha Methyl Mannoside); Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2017-0314; FRL-9972-04] (FR) 02-23-18 Energy: Energy Conservation Program: Energy Conservation Standards Program Design [EERE-2017-BT-STD-0059] (N/E) EPA: Quizalofop ethyl; Pesticide Tolerances [EPA-HQ-OPP-2016-0360; FRL9972-30] (FR) EPA: Indaziflam; Pesticide Tolerances for Emergency Exemptions [EPA-HQOPP-2017-0551; FRL-9973-10] (FR) EPA: Distillates (petroleum), Solvent-Dewaxed Heavy Paraffinic; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2017-0179; FRL-9974-14] (FR) 02-26-18 EPA: Modification of Significant New Use of a Certain Chemical Substance; Extension of Comment Period [EPA-HQ-OPPT-2011-0941; FRL-9974-60] (PR/E) EPA: User Fees for the Administration of the Toxic Substances Control Act [EPA-HQ-OPPT-2016-0401; FRL-9974-31] (PR) NHTSA: Federal Motor Vehicle Safety Standard No. 141, Minimum Sound Requirements for Hybrid and Electric Vehicles [Docket No. NHTSA-2018-0018] (FR) 02-27-18 EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2017-0006; FRL9972-17] (N/RFC) Baker McKenzie International Trade Compliance Update | March 2018 46 F.R. Date Subject EPA: Inquiry to Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export [EPA-HQ-OECA-2018-0004; FRL9974-57-OECA] (N/RFC) EPA: Interim Registration Review Decisions and Case Closures for Several Pesticides; Notice of Availability [EPA-HQ-OPP-2017-0751; FRL-9973-09] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA-HQ-OPP-2017-0007; FRL-9972-19] (N) EPA: Registration Review Proposed Interim Decisions for Several Pesticides; Notice of Availability [EPA-HQ-OPP-2017-0750; FRL-9973-08] (N) 02-28-18 EPA: Titanium Dioxide; Exemption from the Requirement of a Tolerance [EPAHQ-OPP-2017-0257; FRL-9972-63] (FR) EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA-HQ-OPP-2017-0008; FRL-9972-18] (N) NHTSA: Removing Regulatory Barriers for Vehicles with Automated Driving Systems; Extension of Comment Period [Docket No. NHTSA-2018-0009] (RFC/E) Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. 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]. Disposiciones of the National Administration of Medicines, Food and Medical Technology (ANMAT) relating to prohibitions on commercialization or use are no longer listed. BO Date Subject 01-02-18 Federal Admin. of Public Revenues (AFIP) and Commerce Secretary: Joint General Res. 4202-E/2018 (31-01-18) [re:Procedures for the Processing of Import Licenses.] 07-02-18 Production/Foreign Trade: Prov. 11-E/2018 (05-02-18) – [procedure of nonpreferential verification of origin for tableware declared as originating in Thailand] 09-02-18 Production/Foreign Trade: Prov. 12-E/2018 (07-02-18) [procedure of nonpreferential verification of origin for zipper closures declared as originating in Taiwan] 16-02-18 Decree 126/2018 (15-02-18) exempting from duty and tax payment all articles of sports equipment, merchandising products, technological equipment, promotional materials, furniture, credentials, food products, medicines and other elements for the organization and development of the “Olympic Games of Youth Buenos Aires 2018 19-02-18 AFIP: General Resolution 4204 (15-02-18) Disapplication of the Pehuajó Customs Primary Zone, in the jurisdiction of the La Plata Customs Division. Repeals General Resolution No. 3,483. 20-02-18 AFIP: General Resolution 4205/2018 (16-02-18) Abbreviated summary procedure for the processing of the infractions provided for and penalized by Articles 994 and 995 of the Customs Code. Modification of General Resolution No. 4,088. 23-02-18 Decree 146/2018 (22-02-18) “XVI Fundal Fair of the Communities”- Exempting Baker McKenzie International Trade Compliance Update | March 2018 47 BO Date Subject goods from the payment of import duties and other taxes 28-02-18 Decree 159/2018 (27-02-18) - “Fimaqh 2018 - Feria Internacional de la Máquina Herramienta y Tecnologías para la Producción” - Exempting goods from the payment of import duties and other taxes Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. BRAZIL Customs facilitation The Brazil-U.S. Business Council reports that: • On November 20, Federal Revenue Secretary Jorge Rachid signed a Brazil-U.S. MOU for the Exchange of Information on exports and imports between Brazil and the U.S, an initiative supported by the Council and a sign of increasing customs cooperation between the two countries. • The Council and CNI requested the Federal Revenue Office to allow use of ATA Carnets from the U.S. and other ATA Carnet Convention member countries. In response to the request, Normative Ruling IN 1763/17 was published on November 23, amending last year’s IN 1639/16. Diário Oficial da União publications The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update. Date Subject CAMEX 30-01-18 Resolution № 3 - Grants temporary reduction in the rate of import duty under Resolution № 08/08 Group of the MERCOSUR Common Market 05-02-18 Resolution № 4 - Alters the Brazilian List of Exceptions to the Mercosur Common External Tariff 15-02-18 Resolution № 5 - sets guidelines for official export credit support mechanisms for services exports 22-02-18 Resolution № 7 - Alters Chapter IX of the Internal Rules of the Foreign Trade Chamber Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. CHILE National Customs postings and Diario Oficial The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial translation]. Baker McKenzie International Trade Compliance Update | March 2018 48 Date Subject 12-02-18 Hacienda: Exempt Resolution № 409, of 2018.- Modifies Compendium of Customs Rules 16-02-18 Foreign Affairs: Decree № 238, of 2017. - Promulgates Agreement on the Update and Transposition of the Harmonized System 2012 to 2017 for the tariff schedules and specific rules of origin established in Annexes A1, B1 and C1 of the Partial Scope Agreement between the Republic of Chile and the Republic of India Hacienda: Exempt Decree № 58, of 2018. - Applies reductions of customs duties for the importation of wheat and wheat or morcajo flour (tranquillum) 21-02-18 Hacienda: Exempt Resolution № 670, of 2018. - Modifies Compendium of Customs Rules 22-02-18 Hacienda: Exempt Resolution № 539, of 2018.- Modifies Compendium of Customs Rules 23-02-18 Hacienda: Exempt Decree № 65, of 2018. - Applies rebates of customs duties for the importation of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and sub-standards Classification opinions, advance rulings and classification valuation and origin decisions The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to the present are available. Post entry Classification, valuation and origin decisions on claims (fallos de reclamaciones) at the first and second instance levels from 2003 to the present are also available. COLOMBIA TPTA information Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here. Tariff Classification Resolutions Tariff Classification Resolutions may be found here. 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 13-02-18 MinCIT: Circular 07 “Measures taken by the United Nations Security Council against the Democratic People's Republic of Korea - DPRK MinCIT: Decree 272 modifying Decree 1343 of 2017 regarding tariffs 16-02-18 DIAN: Circular 003128 - Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products 27-02-18 DIAN: Circular 000005 - Reference prices of agricultural products. 28-02-18 DIAN: Circular 003135 - Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products Baker McKenzie International Trade Compliance Update | March 2018 49 PERU Tariff Classification database A searchable Tariff Classification Resolution (ruling) database (from 2006 through the present) is available. It may be searched by the tariff number, resolution number, or description. The database currently has approximately 7400 resolutions, some with photographs. SUNAT and El Peruano publications The following documents of interest to international traders were posted during the past month by SUNAT (National Customs Superintendent and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (dd-mm-yy): Date Subject 03-02-18 External Relations: Supreme Resolution № 009-2018-RE Delegate powers to sign the Economic Complementarity Agreement signed between the Governments of the Argentine Republic of the Federative Republic of Brazil of the Republic of Paraguay and the Eastern Republic of Uruguay, the States Parties of MERCOSUR and the Government of the Republic of Peru - Sixth Protocol Additional 04-02-18 SUNAT: Resolution No. 06-2018-SUNAT / 310000 Modify the Specific Procedure Personnel Registration of Foreign Trade Operators DESPA-PE.24.04 (version 1) SUNAT: Resolution No. 05-2018-SUNAT / 310000 Modify the General Procedure Authorization of Foreign Trade Operators DESPA-PG.24 (version 3) SUNAT: Resolution No. 04-2018 / SUNAT / 310000 Modify the Specific Procedure Application of Preferences to the Protection of the FTA Canada - Peru DESPA-PE.01.20 (version 1) SUNAT: Resolution N ° 003-2018-SUNAT / 300000 Approves discretion to not determine or sanction infractions provided in the General Customs Law 06-02-18 External Relations: Supreme Resolution № 011-2018-RE Delegates powers to sign the Peru-Australia Free Trade Agreement Economy and Finance: Supreme Decree № 018-2018-EF The Supreme Decree N ° 193-2005-EF is repealed referring to frequent importers and customs facilitation measures are dictated 07-02-18 External Relations: Supreme Resolution № 013-2018-RE Sending to the Congress of the Republic the documentation relative to the Convention to Combat the Bribery of Foreign Public Servants in International Commercial Transactions 08-02-18 Economy and Finance: Supreme Decree № 020-2018-EF The WCO IT 2018 event - Conference and Exhibition of the WCO is declared to be of national interest 10-02-18 Foreign Trade and Tourism: Ministerial Resolution № 051-2018-MINCETUR Approves the Institutional Operational Plan 2018 of the Executing Unit 005: Foreign Trade Single Window - Second Stage 14-02-18 Economy and Finance: Vice Ministerial Resolution № 002-2018-EF / 15.01 - Reference prices and additional variable duties applicable to imports of corn, sugar, rice and whole milk powder 16-02-18 Ext. Relations: Supreme Resolution № 029-2018-RE Delegate to the Minister of Foreign Trade and Tourism the powers to sign the Comprehensive and Progressive Treaty of Trans-Pacific Partnership see April Update for continuation Baker McKenzie International Trade Compliance Update | March 2018 50 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 Indexation of customs duty rates on excise-equivalent goods on 5 February 2018 Department of Home Affairs (DHA) Notice No. 2018/03 of 31 January 2018, sets out the new customs duty rates for certain excise-equivalent goods, including spirits, beers and fuel products, operative from 5 February 2018. Section 19 of the Customs Tariff Act 1995 (Customs Tariff Act), provides for customs duty rates for certain excise-equivalent goods to be indexed biannually, in February and August, to the Consumer Price Index (CPI). The new rates are determined by the application of an indexation factor. This indexation factor is calculated by dividing the most recent June or December Quarter CPI number (112.1) by the previous highest June or December Quarter CPI (110.7) number occurring after the June 1983 Quarter. As the indexation factor for February 2018 (1.013) is greater than one, customs duty for certain excise equivalent goods, in Schedule 3 to the Customs Tariff, will be increased by the application of this factor. The rates of customs duty for excise-equivalent goods, operative from 5 February 2018, are set out in Table 1 to DHA Notice 2018/03 and supersede the rates outlined in the Department of Immigration and Border Protection Notice 2017/20. The rates referenced above also apply to goods subject to indexation in: • Schedule 4A (Singaporean originating goods) • Schedule 5 (US originating goods) • Schedule 6 (Thai originating goods) • Schedule 7 (Chilean originating goods) • Schedule 8 (ASEAN-Australia-New Zealand originating goods) • Schedule 9 (Malaysian originating goods) • Schedule 10 (Korean originating goods) • Schedule 11 (Japanese originating goods) and • Schedule 12 (Chinese originating goods) in the Customs Tariff Act. DHA notices and advices The following Department of Home Affairs (DHA, formerly Immigration and Border Protection (DIBP)) Notices and Home Affairs Cargo advices (HACA) were issued during the period covered by this Update: Date Series and № Title 15-01-18 DHA № 2018/02 Amendments to the Customs Act 1901 – Tariff Concession System 31-01-18 DHA № 2018/03 Indexation of customs duty rates on excise‑equivalent goods on 5 February 2018 [Supersedes the rates outlined in the DIBP Notice 2017/20] 02-18 HACA № 2018/01 Home Affairs Type 3 Digital Certificate Replacement 23-02-18 DHA № 2018/05 Biannual indexation of customs duty rates for certain Baker McKenzie International Trade Compliance Update | March 2018 51 Date Series and № Title tobacco and tobacco products – 1 March 2018 Australian Gazettes The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes as noted(dd-mm-yy): Date Matter 22-12-18 Administrative Arrangements Order - 20 December 2017 amendment and renaming of Departments of State [Renames Department of Immigration and Border Protection as Department of Home Affairs] 05-02-18 Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods - Notice (No. 1) 2018 21-02-18 Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2018 Charter of the United Nations Act 1945 Listing (No. 1) 2018 Australian Tariff Precedents The Department of Immigration and Border Protection (DIBP) has published a List of Current Precedents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various 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. CHINA (INCLUDING HONG KONG SAR) MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy): Date Series and № Subject 05-02-18 MOFCOM, Ministry of Industry and Information Technology, National Defense Science and Industry Bureau, National Atomic Energy Agency, GAC Notice No. 17 of 2018 Implementation of UN Security Council Resolution 2371, in accordance with Article 16 and Article 18 of the Foreign Trade Law of the PRC – Forbidden to export to N. Korea weapons of mass destruction and their means of delivery, dual-use items and technologies, conventional weapons dual-use items. 09-02-18 MOFCOM 15, 2018 Repealing Some Normative Documents 24-02-18 MOFCOM 25, 2018 Release Zhejiang Free Trade Zone for enterprises to apply for non-state trading of crude oil import conditions and procedures Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Baker McKenzie International Trade Compliance Update | March 2018 52 Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy) Date Matter 05-02-18 Circular on United Nations Sanctions Against The Democatic People's Republic of Korea 21-02-18 Strat. Trade Controls Cir.3/2018 Officers Authorized to Sign on Strategic Commodities Licences and Delivery Verification Certificates under Import and Export Ordinance, Cap 60 Import and Export (Strategic Commodities) Regulations (pdf format) 23-02-18 Cert. of Origin Cir. 1/2018 Hong Kong Origin Rules INDIA Other CBEC and DGFT notifications, circulars and instructions The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Cir) and instructions (other than antidumping, countervailing duty and safeguard) and Directorate General of Foreign Trade (DGFT) notifications (N), public notices (PN) were issued during the period covered by this Update: Date Series and № Subject CBEC 02-02-18 06/2018-Cus (T) Further amends notification No. 50/2017- Customs dated the 30th June so as to prescribe effective rate of basic customs duty (BCD) consequent to the changes proposed in the Union Budget 2018-19. 07/2018-Cus (T) Exempts levy of the whole of the Education Cess on all goods in the First schedule to the Customs Tariff Act, 1975 08/2018-Cus (T) Exempts levy of the whole of the Secondary and Higher Education Cess on all goods in the First schedule to the Customs Tariff Act, 1975 09/2018-Cus (T) Rescinds notification No. 69/2004-Customs dated 09.07.2004 exempting specified goods from the levy of Education Cess 10/2018-Cus (T) Rescinds notification No. 28/2007-Customs dated 01.03.2007 exempting specified goods from the levy of Secondary and Higher Education Cess. 11/2018-Cus (T) Exempts specified goods from the whole of levy of Social Welfare Surcharge 12/2018-Cus (T) Exempts specified goods from the of levy of Social Welfare Surcharge in excess of 3% 13/2018-Cus (T) Exempts Integrated tax and Goods and Services Tax compensation cess on imported goods from the whole of levy of Social Welfare Surcharge 14/2018-Cus (T) Amends notification No. 82/2017-Customs dated the 27th October 2017 to increase the effective rate of BCD on silk fabrics from 10% to 20% 15/2018-Cus (T) Rescinds notification No. 6/2015-Customs dated 01.03.2015 16/2018-Cus (T) Rescinds notification No. 7/2015-Customs dated 01.03.2015 17/2018-Cus (T) Rescinds notification No. 57/98-Customs dated 01.08.1998 18/2018-Cus (T) Rescinds notification No. 59/99-Customs dated 11.05.1999 19/2018-Cus (T) Exempts Additional Duty of Customs (Road Cess) levied under section 103 of the Finance ( No.2) Act, 1998 20/2018-Cus (T) Exempts Additional Duty of Customs (Road Cess) levied under section 116 of the Finance Act, 1999 21/2018-Cus (T) Exempts Additional Duty of Customs (CVD), in lieu of Additional Duty of Excise (Road and Infrastructure Cess) levied under clause 110 of the Finance Bill, 2018 Baker McKenzie International Trade Compliance Update | March 2018 53 Date Series and № Subject 22/2018-Cus (T) Further amends notification No. 57/2017- Customs dated the 30th June, 2017 so as to prescribe effective rates of BCD on specified parts of cellular mobile phones and other electronic goods 23/2018-Cus (T) Further amends notification No. 27/2011- Customs dated the 1st March, 2011 so as to prescribe ‘Nil’ rate of export duty on Electrodes of a kind used for furnaces 06-02-18 24/2018-Cus (T) Increases import duty on all types of sugar under tariff head 1701, [Raw sugar, Refined or White sugar, Raw sugar if imported by bulk consumer] from the present 50% to 100% (Tariff rate) with immediate effect and without an end date. 25/2018-Cus (T) Increases BCD tariff rate on Chana (Chickpeas), [Tariff item 0713 20 0] from 30% to 40% by invoking section 8A (1) of the Customs Tariff Act, 1975 and accordingly, the effective rate of BCD on Chana (Chickpeas), will also be 40%. 12-02-18 26/2018-Cus (T) Further amends the notification No. 50/2017- Customs, dated the 30th June 2017 so as to reduce the Basic Customs Duty on motorcycles falling under tariff heading 8711 15-02-18 12/2018-Cus (NT) Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver 19-02-18 14/2018-Cus (NT) Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Amendment Rules, 2018 23-02-18 27/2018-Cus (T) Seeks to further amend notification No. 50/2017-Customs so as to prescribe effective rate of BCD on various goods 28-02-18 17/2018-Cus (NT) Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver DGFT 02-02-18 Not.48/2015-2020 Amendment in import policy condition of pepper classified under chapter 09 of ITC(HS), 2017-Schedule -1(Import Policy) 05-02-18 Not.49/2015-2020 Update in Para 4 (A) of General Notes Regarding Import Policy of ITC (HS), 2017, Schedule - I (Import Policy) Not.50/2015-2020 Export Policy of Onions - Removal of Minimum Export Price (MEP) PN 58/2015-2020 Amendment in chapter 2 of the Handbook of Procedure (2015-2020) 09-02-18 PN 59/2015-2020 Modification of description of export item “Ladies Blouse” Textile Product SION J-290. 15-02-18 PN 60/2015-2020 Amendments/Corrections in Table 2 of Appendix 3B Foreign Trade Policy 2015-20 16-02-18 Not.61/2015-2020 Inclusion of Seaports located at Dhamra Port and Dighi Port under Para 4.37 of Hand Book of Procedures 2015-20. Not.62/2015-2020 Directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20 20-02-18 Not.51/2015-2020 Amendment in the Foreign Trade (Exemption from application of Rules in certain cases) Amendment Order, 2017. 22-02-18 Not.63/2015-2020 Amendments in ANF 4F & 4G of Handbook of Procedures 2015-20 Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Baker McKenzie International Trade Compliance Update | March 2018 54 INDONESIA Regulations and other legal documents The following import or export regulations and other documents were issued by the Ministry of Trade (T), the Ministry of Finance (F) or Customs & Excise (CE) (dd-mm-yy). Date Reference Matter 01-02-18 Decree No. 237/KM4/2018 (F) Concerning Export Prices KMK No. 237 / KM.4 / 2018 concerning Export Price Determination for Calculation of Export Duty in February 2018 MALAYSIA Federal Government Gazette The following documents were published in the Warta Kerajaan Persekutuan - Federal Government Gazette Date Matter 07-02-18 P.U. (A) 23/2018 Customs (Anti-Dumping Duties) Order 2018 - Countervailing And Anti-Dumping Duties Act 1993 and - Customs Act 1967 Certain cold rolled stainless steel from China, Chinese Taipei, S. Korea and Thailand P.U. (B) 67/2018 Notice of Affirmative Final Determination of an Anti-Dumping Duty Investigation With Regard to the Imports of Cold Rolled Stainless Steel in Coils, Sheets or Any Other Form Originating or Exported From China, S.Korea, Chinese Taipei and Thailand - Countervailing and Anti-dumping Duties Act 1993 P.U. (B) 68/2018 Notice of Negative Final Determination of an Anti-Dumping Duty Investigation With Regard to the Imports of Cold Rolled Stainless Steel in Coils, Sheets or Any Other Form Originating or Exported From China, S. Korea, Chinese Taipei and Thailand - Countervailing and Anti-dumping Duties Act 1993 14-02-18 P.U. (A) 39/2018 Biosafety (Compounding Of Offences) Regulations 2018 - Biosafety Act 2007 P.U. (A) 40/2018 Biosafety (Sampling Procedures) Regulations 2018 - Biosafety Act 2007 P.U. (B) 86/2018 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 23-02-18 P.U. (A) 56/2018 Customs (Prohibition of Exports) (Amendment) Order 2018 - Customs Act 1967 P.U. (A) 57/2018 Customs (Prohibition of Imports) (Amendment) Order 2018 - Customs Act 1967 27-02-18 P.U. (B) 103/2018 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 104/2018 Notification of Values of Crude Palm Oil Under Section 12 - Customs Act 1967 P.U. (B) 105/2018 Notification of Values of Palm Kernel Under Section 12 - Customs Act 1967 Customs rulings Monthly compendiums of Customs classification rulings (with images where available) are available on the recently redesigned Royal Malaysian Customs Department website. Although the rulings are written in Malay, the product is usually listed in English and there are often English language descriptions and references to rulings in English from other Customs administrations. The rulings may be found under the topic: Keputusan Ketetapan Kastam. The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] A note on spelling, grammar and dates-- In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | March 2018 55 SINGAPORE Notices, circulars, etc. Date Reference Matter 01-02-18 Notice 01/2018 CorpPass will be the only mode of Login for Companies to Transact with Singapore Customs From Q3 2018 19-02-18 Cir. 01/2018 Notification of Tariff Changes [for tobacco products] VIETNAM Government documents The following Government laws, decrees, decisions, notices and other documents related to international trade were posted by the General Department of Vietnam Customs on its website. Translations are automated and unofficial [ddmm-yy]: Date Reference and Matter 26-12-17 149/2017 / ND-CP (26-12-17) Vietnam's Special Preferential Import Tariffs for Implementation of the Free Trade Agreement Between Vietnam and South Korea for The 2018-2022 Period. 19-01-18 Official Letter No. 334 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on the refund of overpaid VAT Official Letter No. 344 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on Classification of outdoor plastic pool items Official Letter No. 345 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on refund of import tax after determination of HS code Official Letter No. 346 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on Classification of Goods (“26K-Plate Terminal”) Official Letter No. 352 / TCHQ-TXNK dated 19/01/2018 of the General Department of Customs on the problems related to the imported sturgeon eggs for breeding 22-01-18 Notice No. 0079-111 January 01, 1818 of the Customs Inspection Department 4 on the analysis results attached with the goods code. Official Letter No. 367 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs Classification “Iron (III) hydroxide polymaltose complex 34%” Document No. 370 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on the handling of VAT on import-export goods Official Dispatch No. 379 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on the handling of tax on goods vehicles in narrow range Document No. 380 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on Classification of Titanium Salt Official Letter No. 391 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on classification of steel sheet Official Letter No. 392 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on amendment and supplementation Official Dispatch No. 393 / TCHQ-TXNK dated 22/01/2018 of the General Department of Customs on the problem of steel products Concerning the implementation of the national airway one-stop-shop mechanism 23-01-18 Official Letter No. 413 / TCHQ-GSQL dated 23/1/2018 on difficulties in C / O of imported coal 24-01-18 Official Letter No. 435 / TCHQ-TXNK dated 24/01/2018 of the General Department of Customs on the exemption of tax on gifts for humanitarian purposes Official Letter No. 440 / TCHQ-TXNK dated 24/01/2018 of the General Department of Customs on classification of heat pump water heaters Notice No. 53-77 of 01/2018 of Customs Sub-Department 1 on the analysis results attached with the commodity code. 25-01-18 Official Letter No. 451 / TCHQ-GSQL dated 25/1/2018 on problems in checking C / O of coal Notice No. 58-63 of 01/2018 of the Customs Inspection Department on analysis Baker McKenzie International Trade Compliance Update | March 2018 56 Date Reference and Matter results enclosed with goods codes. 26-01-18 Min. of Transport and Communications: 03/2018 / TT-BGTVT (10-01-18) 2018 technical and environmental safety inspection of imported motor vehicles regulated by Decree 116/2017/ND-CP 26-01-18 Official Letter No. 491 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on import tax exemption Official Letter No. 542 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of equipment unmanned aircraft Official Letter No. 543 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of “DVD players for cars” Official Letter No. 544 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of portable tweeters Official Letter No. 552 / TCHQ-TXNK dated 26/01/2018 of the General Department of Customs on the classification of crane / crane trucks Announcement No. 198-204 January 01, 1818 of Customs Sub-Department 3 on the analysis results attached with the goods code. 29-01-18 Notice No. 206-209 January 01, 1818 of Customs Sub-Department 3 on the analysis results attached with the goods code. Notice No. 75 and 86 of 01/2018 of the Customs Inspection Department on the analysis results enclosed with goods codes. Announcement No. 556 and 597-599 of 01/2018 of the General Department of Customs on the results of identification of the code. Official Dispatch No. 569 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on tax policy applicable to imported goods Official Dispatch No. 570 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on the determination of HS codes, the environmental protection tax policy for white oil Official Letter No. 567 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on the handling of tax debts Official Letter No. 562 / TCHQ-TXNK dated 29/01/2018 of the General Department of Customs on Letter of Guarantee 31-01-18 Document No. 645 / TCHQ-TXNK dated 31/01/2018 of the General Department of Customs on VAT of water treatment substances Document No. 644 / TCHQ-TXNK dated 31/01/2018 of the General Department of Customs on the application of commodity policy and tax policy for fertilizers 01-02-18 Official Dispatch No. 673 / TCHQ-TXNK dated 01/02/2018 of the General Department of Customs on the handling of steel products 06-02-18 Official Letter No. 769 / TCHQ-TXNK dated 06/02/2018 of the General Department of Customs on the classification of mobile home goods Official Dispatch No. 727 / TCHQ-TXNK dated 06/02/2018 of the General Department of Customs announcing the announcement of a joint-stock commercial bank's cooperation agreement with the General Department of Customs 07-02-18 Official Dispatch No. 784 / TCHQ-TXNK dated 07/02/2018 of the General Department of Customs on the refund of the tax paid Official Dispatch No. 783 / TCHQ-TXNK dated 07/02/2018 of the General Department of Customs on extending VAT payment time Official Letter No.780 / TCHQ-TXNK dated 07/02/2018 of the General Department of Customs on determining the quantity and value of imported goods 09-02-18 Official Letter No. 900 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on classification and tax treatment of Collagen Gold Official Letter No. 918 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on the non-sampling classification analysis Official Letter No. 919 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on computer screen Official Letter No.920 / TCHQ-TXNK dated 09/02/2018 of the General Department of Customs on import goods for petroleum activities 12-02-18 Official Dispatch No. 931 / TCHQ-TXNK dated 12/02/2018 of the General Department of Customs on the handling of the tax on goods Nk confiscated or destroyed 13-02-18 Official Letter No. 986 / TCHQ-TXNK dated 13/02/2018 of the General Department of Customs on the change of HS codes Baker McKenzie International Trade Compliance Update | March 2018 57 Date Reference and Matter Official Letter No. 987 / TCHQ-TXNK dated 13/02/2018 of the General Department of Customs on answering the petition 22-02-18 Official Dispatch No. 3391 / QƉ-DK dated 22/02/2018 of the Drug Administration of Vietnam (MoH) announcing the addition of the list of licensed medicinal materials does not require import license. the country has been granted circulation registration certificate Official Dispatch No. 3390 / QLD-ƉK dated 22/02/2018 of the Drug Administration of Vietnam (MoH) on the correct list of raw materials for drug production allowed to import does not require GPNK of the drug in the country has been issued serial number. sign Official Dispatch No. 3393 / QƉ-ƉK dated 22/02/2018 of the Drug Administration of Vietnam (MoH) announcing the list of raw materials for drug production must be licensed for import of domestically produced medicines. 23-02-18 Official Letter No. 3400 / QLD-ƉK dated 23/02/2018 of the Drug Administration of Vietnam (the Ministry of Health) on revising the list of raw materials for drug production must be licensed import of domestically produced drugs. SD 26-02-18 Official Letter No. 1060 / TCHQ-TXNK dated 26/02/2018 of the General Department of Customs on Agreement on Most Favored Nation Treatment in Trade Relations with Vietnam Decision No. 454 / QƉ-TCHQ dated 26/02/2018 of the General Department of Customs on the expansion of bonded warehouses 28-02-18 Official Letter No. 1073 / TCHQ-TXNK dated 28/02/2018 of the General Department of Customs on the expansion of state budget revenues through the ecustoms clearance portal nationwide. Europe, Middle East and North Africa European Union and EFTA EU extends sanctions against North Korea and Syria and recommends new measures targeting Myanmar/Burma, Cambodia and the Maldives On 26 February, the Council of the European Union (the “Council”) announced a number of new and anticipated sanctions measures targeting North Korea, Myanmar/Burma, Cambodia and the Maldives. North Korea The EU has extended its sanctions to fully transpose UN Security Council Resolution 2397 (2017), on which please see our previous blog post available here. The new EU measures include the following: • a reduction in the total amount of refined petroleum products that may be exported to North Korea from 2 million to 500,000 barrels per year; • a ban on imports of North Korean food and agricultural products, machinery, electrical equipment, earth and stone, and wood; • a ban on exports of industrial machinery, transportation vehicles, iron, steel and other metals to North Korea; • new restrictive measures concerning maritime vessels; and • a requirement to repatriate all North Korean workers within 24 months (subject to other applicable laws). The relevant EU legislation is anticipated to be published on 27 February. Baker McKenzie International Trade Compliance Update | March 2018 58 Syria The EU has designated two new ministers in the Syrian government, subjecting them to an asset freeze and travel ban. The new Designated Parties are the Ministers of Industry and Information, who were appointed to the Syrian government in January 2018. In total, the EU has designated 257 individuals and 67 entities in connection with the Syrian regime. Myanmar/Burma The Council has adopted conclusions in relation to the ongoing human rights situation in Myanmar/Burma, available here. In response to what it refers to as “the continued deterioration of the human rights and security situation”, the Council has recommended: • an extension of the current embargo on military items, items that may be used for internal repression, and associated services and financing; • a strengthening of the embargo (although the scope of such strengthening is not set out in the conclusions); and • targeted restrictive measures against senior members of the Myanmar/Burma military “responsible for serious and systematic human rights violations”. We will provide an update as and when new measures are implemented. Cambodia and the Maldives The Council has also adopted conclusions in relation to the human rights situations in both Cambodia and the Maldives. The conclusions in relation to Cambodia, available here, urge the Cambodian government to “cease using the judiciary as a political tool”, and note that the Council “may consider specific targeted measures if the situation does not improve”. As regards the Maldives, the conclusions (available here) call upon the Maldivian government “to immediately lift the State of Emergency, and restore all constitutionally guaranteed rights”. Again, the Council indicates that it may “consider targeted measures” if the situation does not improve. In each case, the Council does not provide detail as to the scope of the measures that it may consider. We will provide an update if and when the EU implements such measures. For additional information, please contact Ross Denton. EU codifies regulation imposing additional duties on certain US products as a result of the Byrd Amendment (CDSOA) On 16 February 2018, the Official Journal published Regulation (EU) 2018/196 of the European Parliament and of the Council of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America (codification). The Regulation codifies the EU rules regarding the imposition of additional duties against certain products originating in the United States Baker McKenzie International Trade Compliance Update | March 2018 59 as a result of the United States Continued Dumping and Subsidy Offset Act (CDSOA – also known as the ‘Byrd Amendment). The WTO had found the CDSOA incompatible with various US obligations under the WTO agreements and authorized several countries to suspend the application of their tariff concessions and related obligations under the GATT. Although the Byrd Amendment was amended and then repealed, certain entries were “grandfathered” and some payments are still made to affected domestic producers under the former statute. The WTO permitted the EU to impose additional duties equal to the level of nullification or impairment caused every year to the Community, which an Arbitrator found to be equal to 72 % of the amount of CDSOA disbursements relating to anti-dumping or countervailing duties paid on imports from the Community for the most recent year for which data were available at that time. Initially this amounted to a 15% ad valorem additional duty on specific products listed in Annex I. Currently it amounts to 4.3% ad valorem additional duty for a smaller number of products listed in Annex I (0710 40 00, ex 9003 19 00 ‘frames and mountings of base metal’, 8705 10 00 and 6204 62 31). The codification provides (among other points) that: 1. The Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the United States' Continued Dumping and Subsidy Offset Act (‘CDSOA’) to the Union at that time. The Commission shall amend the rate of the additional import duty or the list in Annex I under the following conditions: (a) the level of nullification or impairment shall be equal to 72 % of the amount of disbursements under the CDSOA relating to anti-dumping and countervailing duties paid on imports from the Union for the most recent year for which data are available at that time, as published by the United States' authorities; (b) the amendment shall be such that the effect of the additional import duty on imports of the selected products originating in the United States represents, over one year, a value of trade that does not exceed the level of nullification or impairment; (c) except in circumstances set out in point (e), when the level of suspension increases, the Commission shall add products to the list in Annex I; those products shall be selected from the list in Annex II following the order of that list; (d) except in circumstances set out in point (e), when the level of suspension decreases, products shall be withdrawn from the list in Annex I; the Commission shall remove, first, products that were in the list in Annex II on 1 May 2005 and were added to the list in Annex I at a later stage; the Commission shall then remove products that were in the list in Annex I on 1 May 2005 following the order of that list; (e) the Commission shall amend the rate of the additional import duty when the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I. 2. When products are added to the list in Annex I, the Commission shall, at the same time, amend the list in Annex II by removing those products from that list. The order of the products remaining in the list in Annex II shall not be modified. The former regulation (EC) No. 673/2005, and its amendments are repealed. The annexes to the codification include a list of repealed amendments and a correlation table comparing the codification provisions to the earlier (repealed) regulation. Baker McKenzie International Trade Compliance Update | March 2018 60 Commission revises GSP lists of eligible products On 15 February 2018, the Official Journal published Commission Delegated Regulation (EU) 2018/216 of 14 December 2017 amending Annexes V and IX to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences. Products to which tariff preferences are to be applied under the general arrangement of the Generalised Scheme of Preferences referred to in Article 1(2)(a) of Regulation (EU) No 978/2012 are listed in Annex V. Products to which tariff preferences are to be applied under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2)(b) of Regulation (EU) No 978/2012 are listed in Annex IX. In order to incorporate changes made necessary by amendments to the Combined Nomenclature (CN), which entered into force on 1 January 2017, and ensure consistency with the CN product list, Annexes V and IX to Regulation (EU) No 978/2012 are replaced by this regulation. Council issues annual report on exports of military technology and equipment On 14 February 2018, the Official Journal published the Nineteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment. The 559 page report covers statistics on licences and exports of conventional arms from EU Member States during the 2016 calendar year. It also covers activities undertaken by the EU and its Member States in the framework of the implementation of Council Common Position 2008/944/CFSP throughout 2016 and 2017, in addition to those activities mentioned in the eighteenth annual report. In addition, the report contains non-exhaustive information on intra-EU transfers of defence-related products that are governed by Directive 2009/43/EC of the European Parliament and of the Council on simplifying terms and conditions of transfers of defence-related products within the Community. During 2016 and 2017, the EU and its Member States continued to implement Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment, which replaced in 2008 the EU Code of Conduct on arms exports in force since June 1998. The following third countries have officially aligned themselves with the criteria and principles of Common Position 2008/944/CFSP: Albania, Bosnia and Herzegovina, Canada, the former Yugoslav Republic of Macedonia, Georgia, Iceland, Montenegro and Norway. A specific information exchange system between the EU and third countries aligned with the Common Position has been in place since 2012. The promotion of effective national arms export controls and the principles and criteria of Common Position 2008/944/CFSP in selected third countries was pursued in the period covered by this report with the adoption of Council Decision (CFSP) 2015/2309, which secured the follow up to Council Decision 2012/711/CFSP . EU outreach efforts also significantly increased on universalisation and implementation of the ATT, with a large number of activities carried out during the same period under Council Decision 2013/768/CFSP, and subsequently under the follow-on Council Decision (CFSP) 2017/915. Commission posts notice on Brexit implications for UK and EU food law On 1 February 2018, the European commission posted a “Notice to Stakeholders - Withdrawal of the United Kingdom and EU Food Law“. As in the case of the 25 January Notice to stakeholders - withdrawal of the United Kingdom and EU rules in the field of import/export licences for certain goods, the notice points out that Baker McKenzie International Trade Compliance Update | March 2018 61 unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) ('the withdrawal date'). The United Kingdom will then become a 'third country'. The notice states: Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, EU food law no longer applies to the United Kingdom. The legal consequences presented below stem from EU food law with regard to food placed on the EU-27 market as from the withdrawal date and coming from a third country (i.e. imported). This notice is also relevant for food coming from the Channel Islands and Isle of Man. 1. FOOD LABELLING AND FOOD INFORMATION, HEALTH AND IDENTIFICATION MARKS EU food law harmonises the labelling of food placed on the EU market. The applicable rules are in particular contained in the following pieces of EU legislation [please see original notice for omitted citations shown as … and footnotes]: • … the provision of food information to consumers; • … nutrition and health claims made on foods; • … food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control; • … genetically modified food and feed, as well as … concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms …; • … establishing a common organisation of the markets in agricultural products; • EU legislation on the definition, description, presentation and labelling of spirit drinks, and on honey; • … organic production and labelling of organic products. The EU food labelling rules apply to all food placed on the EU market, independently of the place of production of the food. In some instances, EU food law may require some changes of the labelling of food placed on the EU market due to the fact that the United Kingdom will be a third country as of the withdrawal date. Examples include the following: • Mandatory presentation of the origin of a food product, where the presentation refers to EU or non-EU; • Mandatory labelling of the name or business name and address of the EU-27 importer of food from the United Kingdom; • Mandatory health or identification marks according to Article 5 of Regulation (EC) No 853/2004. As of the withdrawal date the health mark or the identification mark shall no longer include the “EC” abbreviation, which is reserved for establishments located in the EU, but shall only include the name of the country (in full or with the ISO two-letter code) where the establishment is located. Food business operators are advised to assess the need for possible changes to the labelling of food placed on the EU-27 market as of the withdrawal date. 2. FOOD INGREDIENTS, FOOD COMPOSITION, CONTAMINANTS AND RESIDUE LIMITS; FOOD CONTACT MATERIAL According to substantive EU food law, certain food must not be placed on the market unless it has been approved by the Commission (for example for food additives, food flavourings, smoke flavourings, vitamins and minerals used in food, including in food supplements and any novel food) or an individual applicant has obtained an authorisation by the Commission (for example for genetically modified food). Certain food is subject to specific composition requirements and EU food law sets limits for contaminants, and maximum residue levels of active substances. Baker McKenzie International Trade Compliance Update | March 2018 62 Food contact materials placed on the EU market are subject to EU rules, and certain food contact materials are subject to additional specific measures. EU law on food ingredients and food composition, as well as EU law setting limits for contaminants and residues in food, applies to all food placed on the EU market, independently of the place of production of the food. The same applies for food contact material. 3. REQUIREMENTS FOR FOOD BUSINESS OPERATORS AND AUTHORISATION HOLDERS, OR THEIR REPRESENTATIVES, TO BE ESTABLISHED IN THE EU; SUBMISSION OF EU AUTHORISATION REQUESTS THROUGH AN EU MEMBER STATE According to EU food law, in some instances the food business operators, authorisation holders, or their representatives have to be established in the EU. For example, According to Article 4(6) of Regulation (EC) No 1829/2003 on genetically modified food and feed, the applicant for an EU authorisation or his representative shall be established in the EU. As of the withdrawal date, establishment in the United Kingdom no longer complies with this requirement. According to EU food law, in some instances EU authorisations require the submission of an authorisation dossier through the competent authority of an EU Member State. Examples include the following: • … on food contact materials requires applications for authorisations of substances to be made via a competent authority of a EU Member State. • … on genetically modified food and feed requires applications for authorisation to be sent to the European Food Safety Authority (EFSA) through the competent authority of a Member State. As of the withdrawal date, applications through the competent authority of the United Kingdom are no longer possible. 4. FOOD PRODUCTION RULES/FOOD HYGIENE RULES, FOOD IRRADIATION, ORGANIC PRODUCTION EU food law sets rules for the production of food in the EU and in third countries, if this food is placed on the EU market. EU food law also provides for specific controls upon entry of food into the EU. 4.1. Food of animal origin As of the withdrawal date, the importation of food of animal origin from the United Kingdom into the EU-27 is prohibited, unless certain requirements are met, including: • The United Kingdom is “listed” by the Commission for public and animal health purposes. For the “listing” of a third country, … apply. • The establishment in the United Kingdom from which the food is dispatched, and obtained or prepared in, is “listed” by the Commission for public health purposes. For the “listing” of establishments, … apply. • The United Kingdom is “listed” by the Commission as having a residue control plan approved in accordance with Directive 96/23/EC for the animals and animal products specified therein. For the “listing” of a third country, … applies. • The imported food satisfies all food hygiene requirements set out in …. The possibility for national measures to achieve EU food hygiene standards (“flexibility provisions”) … no longer applies to the United Kingdom. Food business operators importing products of animal origin shall ensure that import takes place only if the above mentioned conditions are respected. As of the withdrawal date, these substantial requirements are controlled upon entry into the EU-27 by applying mandatory border checks at the first point of entry into the Union territory: • This food can only enter the EU-27 through approved “border inspection posts”; • Each consignment undergoes documentary and identity checks, as well as at an appropriate frequency physical checks; Baker McKenzie International Trade Compliance Update | March 2018 63 • Each consignment has to be accompanied by a certificate in compliance with EU food legislation. 4.2. Food of non-animal origin Unlike for food of animal origin, the importation of food of non-animal origin is not subject to listing requirements of third countries and establishments. The EU Member States shall carry out regular official controls on imported food of non-animal origin. Those controls are organised on the basis of the multi-annual national control plan and in the light of potential risks. The controls shall cover all aspects of the food legislation. In cases of known or emerging risk, EU rules providing an increased level of official controls at designated points of entry into the Union may apply. In addition, in order to ensure phytosanitary protection of the EU-27 Member States, the following phytosanitary EU rules apply: • The import of tubers of species of Solanum L. (ware potatoes), and their hybrids is prohibited. For exceptions, Point 12 of Part A of Annex III to Council Directive 2000/29/EC applies. • The import of certain fruits and vegetables is subject to specific requirements; • The import of food listed in Annex V to Directive 2000/29/EC (some of them subject to the import requirements mentioned in the previous point) requires a phytosanitary certificate. These foods are subject to 100% documentary controls at the point of entry. They are also subject to identity and physical controls, though at specified minimum frequencies depending on the risk that they present. 4.3. Irradiated food Food treated with ionising radiation is regulated by EU law. As of the withdrawal date, the import of irradiated food from the United Kingdom into the EU-27 is prohibited, unless the irradiation facilities in the United Kingdom are “listed” by the Commission. For the “listing” of a third country, Article 9(2) of Directive 1999/2/EC applies. 4.4. Recycled plastic materials and articles intended to come into contact with food According to EU law, authorisation holders shall notify to the Commission manufacturing or recycling sites in third countries in which the authorised recycling process of plastic materials and articles takes place. 5. CERTIFICATES FOR ORGANIC PRODUCTION According to Regulation (EC) No 834/200754, only products satisfying the requirements of that Regulation can bear terms referring to the organic production method (e.g. organic, bio, eco, etc.) or the EU organic logo. According to …, the control authorities and bodies of the EU Member States are responsible for issuing documentary evidence (certificates) to the operators necessary for placing such products on the EU market. For products placed on the EU-27 market as of the withdrawal date, the certificates issued by control authorities and bodies in the United Kingdom are no longer valid. The import of organic products from the United Kingdom will be subject to the rules laid down in Title VI of Regulation (EC) No 834/2007. This requires, in particular, that the United Kingdom is “listed” in accordance with …, or that a certificate has been issued by a body referred to in Article 33(3) of Regulation (EC) No 834/2007. The websites of the Commission on food imports and organic farming provide for general information concerning EU food legislation for imported food and organic farming. The notice says those pages will be updated with further information, where necessary. Commission repeals Regulation classifying colostrum powders On 10 February 2018, the Official Journal published Commission Implementing Regulation (EU) 2018/198 of 7 February 2018 repealing Implementing Regula- Baker McKenzie International Trade Compliance Update | March 2018 64 tion (EU) No 716/2012 concerning the classification of certain goods in the Combined Nomenclature. In Implementing Regulation (EU) No 716/2012, the Commission classified two kinds of encapsulated colostrum powders under heading 1901 of the Combined Nomenclature as ‘food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included’. Classification of the products under heading 2106 of the Combined Nomenclature was excluded as the Commission took the view that the wording of heading 1901 described the products at issue more specifically than the wording of heading 2106. By Implementing Regulation (EU) 2017/1343, the Commission introduced a new additional note 4 to Chapter 19 of the Combined Nomenclature to ensure that the classification of certain edible food preparations complies with the case law of the Court of Justice of the European Union. In accordance with the new additional note 4 to Chapter 19 of the Combined Nomenclature, the encapsulated colostrum powders concerned by Implementing Regulation (EC) No 716/2012 are to be classified under heading 2106. Accordingly, Implementing Regulation (EU) No 716/2012 is repealed. CN codes for textile products updated On 6 February 2018, the Official Journal published Commission Delegated Regulation (EU) 2018/173 of 29 November 2017 amending Regulation (EU) 2015/936 of the European Parliament and of the Council as regards updating the Combined Nomenclature codes listed in Annex I to that Regulation (the “Delegated Regulation”). The Delegated Regulation amended Annex I to Regulation (EU) 2015/936 of 9 June 2015 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules in order to align the Delegated Regulation with Implementing Regulation (EU) 2016/1821 of 6 October 2016, which modified the nomenclature of some products covered by Annex I with changes adopted by the World Customs Organisation with regard to the Harmonised System nomenclature. Commission issues tariff classification regulations See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update. Amendments to the CN Explanatory Notes See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update. Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export. Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for Baker McKenzie International Trade Compliance Update | March 2018 65 data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database. Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union: OJ Date Subject 01-02-18 Commission Implementing Regulation (EU) 2018/155 of 31 January 2018 amending Implementing Regulation (EU) No 686/2012 allocating to Member States, for the purposes of the renewal procedure, the evaluation of active substances Council Decision (EU) 2018/156 of 22 January 2018 on the position to be taken on behalf of the European Union within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards supplementing Annex I-A to Chapter 1 of Title IV of that Agreement, and within the Association Committee in Trade configuration, as regards recalculating the schedule of export duty elimination set out in Annexes I-C and I-D to Chapter 1 of Title IV of that Agreement 03-02-18 Commission Implementing Decision (EU) 2018/169 of 1 February 2018 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2018) 550) 06-02-18 Commission Delegated Regulation (EU) 2018/172 of 28 November 2017 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals Commission Delegated Regulation (EU) 2018/173 of 29 November 2017 amending Regulation (EU) 2015/936 of the European Parliament and of the Council as regards updating the Combined Nomenclature codes listed in Annex I to that Regulation Commission Regulation (EU) 2018/175 of 2 February 2018 amending Annex II to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 43/02] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 43/03] 08-02-18 Commission Implementing Regulation (EU) 2018/183 of 7 February 2018 concerning the denial of authorisation of formaldehyde as a feed additive belonging to the functional groups of preservatives and hygiene condition enhancers Commission Implementing Regulation (EU) 2018/184 of 7 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances FEN 560 (also called fenugreek or fenugreek seed powder) and sulfuryl fluoride Commission Implementing Regulation (EU) 2018/185 of 7 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions Baker McKenzie International Trade Compliance Update | March 2018 66 OJ Date Subject of approval of the active substance penflufen Regulation No 94 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants in the event of a frontal collision [2018/178] 09-02-18 Commission Regulation (EU) 2018/192 of 8 February 2018 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the EU reference laboratories in the field of contaminants in feed and food Commission Implementing Decision (EU) 2018/193 of 7 February 2018 authorising laboratories in Brazil and the Russian Federation to carry out serological tests to monitor the effectiveness of rabies vaccines in dogs, cats and ferrets (notified under document C(2018) 593) Commission Delegated Regulation (EU) 2018/179 of 25 September 2017 amending Regulation (EU) No 1233/2011 of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits Commission communication in the framework of the implementation of Directive 2014/68/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 49/01] Commission communication in the framework of the implementation of Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 49/02] Commission communication in the framework of the implementation of Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity and Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 49/03] Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No 305/2011) [2018/C 49/04] 10-02-18 Notice concerning the provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part Commission Implementing Regulation (EU) 2018/198 of 7 February 2018 repealing Implementing Regulation (EU) No 716/2012 concerning the classification of certain goods in the Combined Nomenclature [See article above] Commission Regulation (EU) 2018/199 of 9 February 2018 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health Decision No 1/2017 of the EU-Ukraine Sanitary and Phytosanitary Management Sub-Committee of 16 May 2017 adopting its Rules of Procedure [2018/204] Decision No 1/2017 of the EU-Ukraine Sub-Committee on Geographical indications of 18 May 2017 adopting its Rules of Procedure [2018/205] Decision No 1/2017 of the EU-Ukraine Customs Sub-Committee of 15 June 2017 adopting its Rules of Procedure [2018/206] Corrigendum to Commission Implementing Decision (EU) 2018/133 of 24 January 2018 amending Decision 2008/911/EC establishing a list of herbal substances, preparations and combinations thereof for use in traditional herbal medicinal products ( OJ L 22, 26.1.2018 ) 13-02-18 Commission Delegated Regulation (EU) 2018/181 of 18 October 2017 amending Annex IIIb to Council Regulation (EC) No 1236/2005 concerning trade in Baker McKenzie International Trade Compliance Update | March 2018 67 OJ Date Subject certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment 14-02-18 Commission Regulation (EU) 2018/213 of 12 February 2018 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials Nineteenth Annual Report according to Article 8(2) of Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment [2018/C 56/01] 15-02-18 Commission Delegated Regulation (EU) 2018/216 of 14 December 2017 amending Annexes V and IX to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences Commission Directive (EU) 2018/217 of 31 January 2018 amending Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods by adapting Section I.1 of its Annex I to scientific and technical progress Commission Implementing Decision (EU) 2018/218 of 13 February 2018 amending Annex II to Decision 92/260/EEC as regards temporary admission of registered horses from certain parts of China, amending Decision 93/195/EEC as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to China, Mexico and the United States of America, and amending Annex I to Decision 2004/211/EC as regards the entries for China, Mexico and Turkey in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (notified under document C(2018) 713) Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 57/05] Notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2019 and undertakings intending to produce or import these substances for essential laboratory and analytical uses in 2019 [2018/C 57/08] 16-02-18 Council Decision (EU) 2018/219 of 23 January 2018 on the conclusion of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems Regulation (EU) 2018/196 of the European Parliament and of the Council of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 60/10] 17-02-18 Commission Implementing Decision (EU) 2018/232 of 15 February 2018 concerning the extension of the action taken by Belgium on the making available on the market and use of the biocidal products VectoMax G and Aqua-K-Othrine in accordance with Article 55(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2018) 759) 20-02-18 Council Decision (EU) 2018/253 of 15 February 2018 on the position to be taken on behalf of the European Union within the Joint Committee established by the Partnership Agreement on Relations and Cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part, as regards the adoption of decisions on the rules of procedure of the Joint Committee and the adoption of the terms of reference of the subcommittees and working groups Baker McKenzie International Trade Compliance Update | March 2018 68 OJ Date Subject 21-02-18 Council Decision (EU) 2018/254 of 15 February 2018 on the conclusion on behalf of the European Union of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled • Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled 22-02-18 Commission Implementing Regulation (EU) 2018/258 of 21 February 2018 amending Implementing Regulation (EU) No 725/2011 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification Commission Implementing Regulation (EU) 2018/259 of 21 February 2018 amending Implementing Regulation (EU) No 427/2014 for the purpose of adjusting it to the change in the regulatory test procedure and simplifying the administrative procedures for application and certification Commission Implementing Decision (EU) 2018/263 of 20 February 2018 amending Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2018) 889) Commission Delegated Regulation (EU) 2018/236 of 20 December 2017 correcting the Estonian language version of Delegated Regulation (EU) 2017/654 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery List of customs offices empowered to handle formalities for the exportation of cultural goods, published in accordance with Article 5(2) of Council Regulation (EC) No 116/2009 [2018/C 67/08] 23-02-18 Council Regulation (EU) 2018/264 of 19 February 2018 fixing the production levies and the coefficient for calculating the additional levy in the sugar sector for the 1999/2000 marketing year and fixing the production levies in the sugar sector for the 2000/2001 marketing year Regulation No 107 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction [2018/237] Commission Implementing Regulation (EU) 2018/238 of 15 February 2018 concerning the authorisation of disodium 5′-ribonucleotides, disodium 5′-guanylate and disodium 5′-inosinate as feed additives for all animal species Commission Implementing Regulation (EU) 2018/239 of 15 February 2018 concerning the authorisation of methyl N-methylanthranilate and methylanthranilate as feed additives for all animal species except avian species Commission Implementing Regulation (EU) 2018/240 of 15 February 2018 concerning the authorisation of trimethylamine, trimethylamine hydrochloride, 3- methylbutylamine for all animal species except laying hens and 2-methoxyethyl benzene, 1,3-dimethoxy-benzene, 1,4-dimethoxy-benzene, 1-isopropyl-2- methoxy-4-methylbenzene as feed additives for all animal species Commission Implementing Regulation (EU) 2018/241 of 15 February 2018 concerning the authorisation of piperine, 3-methylindole, indole, 2-acetylpyrrole and pyrrolidine as feed additives for all animal species Commission Implementing Regulation (EU) 2018/242 of 15 February 2018 concerning the authorisation of hex-3(cis)-en-1-ol, non-6-en-1-ol, oct-3-en-1-ol, non6(cis)-enal, hex-3(cis)-enal, hept-4-enal, hex-3(cis)-enyl acetate, hex-3(cis)-enyl formate, hex-3-enyl butyrate, hex-3-enyl hexanoate, hex-3(cis)-enyl isobutyrate, citronellol, (-)-3,7-dimethyl-6-octen-1-ol, citronellal, 2,6-dimethylhept-5-enal, citronellic acid, citronellyl acetate, citronellyl butyrate, citronellyl formate, citronellyl propionate, 1-ethoxy-1-(3-hexenyloxy)ethane and hex-3-enyl isovalerate as feed additives for all animal species Commission Implementing Regulation (EU) 2018/243 of 15 February 2018 concerning the authorisation of 3-hydroxybutan-2-one, pentan-2,3-dione, 3,5- dimethyl cyclopentan-1,2-dione, hexan-3,4-dione, sec-butan-3-onyl acetate, 2,6,6-trimethylcyclohex-2-en-1,4-dione and 3-methylnona-2-,4-dione as feed additives for all animal species Baker McKenzie International Trade Compliance Update | March 2018 69 OJ Date Subject Commission Implementing Regulation (EU) 2018/244 of 15 February 2018 concerning the authorisation of vanillyl acetone and 4-(4-methoxyphenyl) butan-2- one as feed additives for all animal species and the denial of 1-phenylethan-1- ol Commission Implementing Regulation (EU) 2018/245 of 15 February 2018 concerning the authorisation of menthol, d-carvone, menthyl acetate, d,lisomenthone, 3-methyl-2-(pent-2(cis)-enyl)cyclopent-2-en-1-one, 3,5,5- trimethylcyclohex-2-en-1-one, d-fenchone, fenchyl alcohol, carvyl acetate, dihydrocarvyl acetate and fenchyl acetate as feed additives for all animal species Commission Implementing Regulation (EU) 2018/246 of 15 February 2018 concerning the authorisation of linalool oxide as a feed additive for all animal species except fish Commission Implementing Regulation (EU) 2018/247 of 15 February 2018 concerning the authorisation of 2,4,5-trimethylthiazole, 2-isobutylthiazole, 5-(2- hydroxyethyl)-4-methylthiazole, 2-acetylthiazole, 2-ethyl-4- methylthiazole, 5,6- dihydro-2,4,6,tris(2-methylpropyl)4H-1,3,5-dithiazine and thiamine hydrochloride as feed additives for all animal species Commission Implementing Regulation (EU) 2018/248 of 15 February 2018 concerning the authorisation of 2,3-diethylpyrazine, 2,5 or 6-methoxy-3- methylpyrazine, 2-acetyl-3-ethylpyrazine, 2,3-diethyl-5-methylpyrazine, 2-(secbutyl)-3-methoxypyrazine, 2-ethyl-3-methoxypyrazine, 5,6,7,8- tetrahydroquinoxaline, 2-ethylpyrazine and 5-methylquinoxaline as feed additives for all animal species Commission Implementing Regulation (EU) 2018/249 of 15 February 2018 concerning the authorisation of taurine, beta-alanine, L-alanine, L-arginine, Laspartic acid, L-histidine, D,L-isoleucine, L-leucine, L-phenylalanine, L-proline, D,L-serine, L-tyrosine, L-methionine, L-valine, L-cysteine, glycine, monosodium glutamate and L-glutamic acid as feed additives for all animal species and Lcysteine hydrochloride monohydrate for all species except cats and dogs Commission Implementing Regulation (EU) 2018/250 of 15 February 2018 concerning the authorisation of methyl 2-furoate, bis-(2-methyl-3-furyl) disulfide, furfural, furfuryl alcohol, 2-furanmethanethiol, S-furfuryl acetothioate, difurfuryl disulfide, methyl furfuryl sulfide, 2-methylfuran-3-thiol, methyl furfuryl disulfide, methyl 2-methyl-3-furyl disulfide and furfuryl acetate as feed additives for all animal species Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2018 to 31 January 2018(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2018/C 70/01] 24-02-18 List of authorities empowered to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EC) No 116/2009 [2018/C 71/05] 27-02-18 Commission Regulation (EU) 2018/290 of 26 February 2018 amending Regulation (EC) No 1881/2006 as regards maximum levels of glycidyl fatty acid esters in vegetable oils and fats, infant formula, follow-on formula and foods for special medical purposes intended for infants and young children Commission Implementing Regulation (EU) 2018/291 of 26 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenthrin Council Decision (CFSP) 2018/294 of 26 February 2018 amending Decision (CFSP) 2015/259 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 73/07] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Baker McKenzie International Trade Compliance Update | March 2018 70 OJ Date Subject Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2018/C 73/08] 28-02-18 Commission Delegated Regulation (EU) 2018/295 of 15 December 2017 amending Delegated Regulation (EU) No 44/2014, as regards vehicle construction and general requirements, and Delegated Regulation (EU) No 134/2014, as regards environmental and propulsion unit performance requirements for the approval of two- or three-wheel vehicles and quadricycles Commission Implementing Regulation (EU) 2018/296 of 27 February 2018 concerning the non-approval of the active substance Reynoutria sachalinensis extract, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market Corrigendum to Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 ( OJ L 175, 7.7.2017 ) Restrictive measures established, amended, corrected During the past month, the following restrictive measures were established, amended or corrected: OJ Date Restrictive Measure 03-02-18 Council Implementing Regulation (EU) 2018/164 of 2 February 2018 implementing Article 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan Council Implementing Decision (CFSP) 2018/168 of 2 February 2018 implementing Decision (CFSP) 2015/740 concerning restrictive measures in view of the situation in South Sudan Commission Implementing Regulation (EU) 2018/166 of 2 February 2018 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya Council Implementing Decision (CFSP) 2018/167 of 2 February 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya 09-02-18 Corrigendum to Council Implementing Regulation (EU) 2018/12 of 8 January 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 4, 9.1.2018 ) Corrigendum to Council Implementing Decision (CFSP) 2018/16 of 8 January 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 4, 9.1.2018 ) 10-02-18 Council Implementing Regulation (EU) 2018/197 of 9 February 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo Council Implementing Decision (CFSP) 2018/203 of 9 February 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya Commission Implementing Regulation (EU) 2018/200 of 9 February 2018 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya Council Implementing Decision (CFSP) 2018/202 of 9 February 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Dem- Baker McKenzie International Trade Compliance Update | March 2018 71 OJ Date Restrictive Measure ocratic Republic of the Congo 16-02-18 Council Decision (CFSP) 2018/224 of 15 February 2018 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe Council Implementing Decision (CFSP) 2018/227 of 15 February 2018 implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe Commission Implementing Regulation (EU) 2018/223 of 15 February 2018 amending Council Regulation (EC) No 314/2004 concerning restrictive measures in respect of Zimbabwe 21-02-18 Commission Implementing Regulation (EU) 2018/256 of 20 February 2018 amending for the 281st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations Corrigendum to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP ( OJ L 141, 28.5.2016 ) 24-02-18 Council Regulation (EU) 2018/275 of 23 February 2018 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus Council Decision (CFSP) 2018/280 of 23 February 2018 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus 26-02-18 Council Decision (CFSP) 2018/283 of 26 February 2018 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and AlQaeda and persons, groups, undertakings and entities associated with them Council Implementing Regulation (EU) 2018/281 of 26 February 2018 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 with them Council Implementing Decision (CFSP) 2018/284 of 26 February 2018 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria Council Implementing Regulation (EU) 2018/282 of 26 February 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria 27-02-18 Council Regulation (EU) 2018/285 of 26 February 2018 amending Council Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea Council Implementing Regulation (EU) 2018/286 of 26 February 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Individual Countries FRANCE Official Gazette (Journal officiel) Date Measure 01-02-18 Law № 2018-53 of 31 January 2018 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Principality of Andorra on cross-border cooperation in police and customs matters 10-02-18 Order of 7 February 2018 concerning the modalities for requesting authorizations for cross-border flows of arms and ammunition Baker McKenzie International Trade Compliance Update | March 2018 72 Date Measure 20-02-18 Order of 15 February 2018 amending the list of customs offices and indirect rights 22-02-18 Order of 14 February 2018 on the prevention of the introduction and spread of invasive alien plant species on the metropolitan territory Order of 14 February 2018 on the prevention of the introduction and spread of invasive alien animal species in metropolitan France 24-02-18 Notice to importers and exporters of explosive products Notices to importers The following notices were posted by the French Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) : Release Date Ref. No. and Subject 02-02-18 2018/07 - Notice to importers of certain cast iron articles originating in the People's Republic of China 05-02-18 2018/08 - Notice to Importers of Certain New or Retreaded Tires for Buses or Trucks from the People's Republic of China 12-02-18 2018/09 - Notice to Importers of Certain Corrosion Resistant Steels Originating in the People's Republic of China 14-02-18 2018/10-Notice to Importers of Crystalline Silicon Photovoltaic Modules and their Essential Components (Cells), from the People's Republic of China 16-02-18 2018/11- Notice to importers and exporters regarding the provisional application of the EU-State SADC EPA Agreement between the EU and Mozambique 21-02-18 2018/12-Notice to Importers of Bioethanol from the United States of America 22-02-18 2018/13-Notice to importers of hand pallet trucks, shipped from Vietnam 24-02-18 Notice to Importers and Exporters of Explosive Products NOR: CPAD1804625V GERMANY Foreign Trade The Federal Office for Economic Affairs and Export Control has posted the following documents of interest to international traders. Date Measure 08-01-18 Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA) • Iraq • Libya • North Korea • Russia • Sudan • Ukraine • Venezuela • Terrorism • Update of Annexes to the EC Dual-Use Regulation • New General Licence No. 30 • Amendment of General Licence No. 16 05-02-18 Newsletter Export Control – Information Service of Federal Office for Economic Affairs and Export Control (BAFA) • North Korea • Guinea-Bissau • Somalia • Al Qaida and ISIL Baker McKenzie International Trade Compliance Update | March 2018 73 Date Measure • Correction of Annex I to EC Dual-use regulation • Eleventh Ordinance amending the Foreign Trade and Payments Ordinance of 13 December 2017 UNITED KINGDOM UK adopts Export Control (North Korea Sanctions) Order 2018 On 21 February 2018, www.legislation.gov.uk posted SI 2018/200 - The Export Control (North Korea Sanctions) Order 2018. The Order makes provision in connection with the trade restrictions against North Korea specified in Council Regulation (EU) No 2017/1509 of 30 August 2017, as last amended by Council Implementing Regulation (EU) No 2018/87 of 22 January 2018 (OJ No. LI 16I, 22.01.2018, p.1) (“the North Korea Regulation”). The Order revokes articles 4 to 16 of the Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017 (S.I. 2017/83). The Explanatory Note to the Order states: Article 4 provides for the granting of licences for the purposes of the provisions of the North Korea Regulation which allow a competent authority to authorise trade related activities which would otherwise be prohibited. The competent authority for these purposes is the Secretary of State. A licence granted by the Secretary of State may be varied, suspended or revoked. Article 4(7) makes it an offence to knowingly or recklessly provide false information for the purpose of obtaining a licence. Article 4(9) makes it an offence to fail to comply with any condition attached to a licence. Articles 5 to 19 create offences for contravention of relevant trade restrictions in the North Korea Regulation. “Relevant trade restrictions” do not include restrictions on the export or import of goods. Offences for contravention or circumvention of restrictions on the export or import of goods are to be found in the Customs and Excise Management Act 1979. Article 20 creates an offence of circumventing any relevant trade restriction in the North Korea Regulation. Article 21 makes provision for a defence for a person charged with certain offences under the Order. Article 22 sets out the penalties relating to the offences under this Order. Article 23 makes modifications to the penalties that will apply where a person is guilty of an offence under the 1979 Act in connection with the exportation or importation of goods which is prohibited by the North Korea Regulation. Article 24 applies (with modifications) sections 77A, 138, 145, 146, 146A, 147, 148, 150, 151, 152, 154 and 155 of the Customs and Excise Management Act 1979 for the purposes of the Order. These sections, as applied, make provision in connection with the investigation of and proceedings for offences under this Order. UK adopts amendments to the Export Control Order On 12 February 2018, legislation.gov.uk posted SI 2018/165 - The Export Control (Amendment) Order 2018, which amends Schedule 2 to the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”), which schedule lists military goods, software and technology subject to export controls (“the UK list”). The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. This regime is given effect to in the European Union through the Common Military List (“the CML”). The amendments to Schedule 2 to the 2008 Order are being made to implement Commission Directive (EU) 2017/2054 of 8 November 2017 amending Directive Baker McKenzie International Trade Compliance Update | March 2018 74 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products (“the amending Directive”). Directive 2009/43/EC which simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the annex to that Directive, contains an annex which corresponds to the CML. The CML was updated in 2017 and the amending Directive makes the necessary changes to the annex to Directive 2009/43/EC to bring it into line with the latest CML adopted by the Council of the European Union on 6 March 2017. This Order also amends article 2 to the 2008 Order to remove a definition no longer needed as a result of changes made to the 2008 Order by the Export Control (Amendment) Order 2017 (S.I. 2017/85). House of Lords issues report on Brexit: competition and State aid On 2 February 2018, the House of Lords, European Union Committee, released a report entitled, Brexit: competition and State aid. The Summary states: Since the UK joined the European Economic Community (now the European Union) in 1973, the UK and the EU institutions have shared responsibility for competition matters—encompassing anticompetitive conduct or agreements (antitrust), merger control, and State aid. Withdrawal from the EU is therefore likely to have a significant impact on the UK’s domestic competition regime. While Brexit gives rise to some immediate legal and regulatory issues which will need to be addressed, the most significant implications of Brexit in this field relate to transitional arrangements, future UK policy, and determining the UK’s institutional framework for competition matters. It remains unclear whether the two-year transition, or ‘implementation’, period sought by the Government would represent a period of phased change to the terms of the future UK-EU trade relationship, or a ‘standstill period’ where the current EU competition regime would remain in force. Nevertheless, at some point, a transition will take place from the status quo to the assumption of full competence with regard to competition matters by UK courts and authorities. Transitional arrangements will be necessary to clarify jurisdiction in relation to cases and administrative procedures which are ‘live’ at this point, as well as future cases relating to conduct which occurred while the UK was still part of the EU competition regime. We support the Government’s ambition to reach at least an outline agreement on a transition period with the EU in the first quarter of 2018. This agreement should ensure continuity with current arrangements, so businesses are not faced with the complexity and cost of having to adapt to the implications of Brexit twice. In terms of future policy, the UK has played a significant role in pushing forward an alignment in the broad principles underpinning European, and global, competition policy. We see no reason to depart from these shared fundamental principles after Brexit. The UK may wish, over time, to depart from EU competition case law, particularly as the Single Market imperative underpinning it may no longer be relevant to the UK. Brexit also offers an opportunity to diverge from the EU in terms of enforcement decisions on some antitrust cases and merger reviews. With the repatriation of responsibility in this area, the UK will be free to take a more innovative and responsive approach to tackling global competition enforcement challenges, including fast-moving digital markets and dominant online platforms. As an EU Member State, the UK is also a member of the European Competition Network—a forum which enables extensive cooperation between the national competition authorities of Member States, and the European Commission, on investigations and enforcement actions. Continuing this cooperation will be mutually beneficial to the UK and the EU, and we recommend that a comprehensive competition cooperation agreement is negotiated to facilitate this post-Brexit. It will also be important for the UK to re-establish cooperation arrangements with other countries currently covered by existing EU bilateral competition agreements. Baker McKenzie International Trade Compliance Update | March 2018 75 The UK will have significant decisions to make with regard to future State aid policy, as the EU’s extensive competence in this area leaves a limited national framework to fall back on. It is likely that the EU will insist on some form of State aid controls in any UK-EU Free Trade Agreement (FTA). If this is not case, the World Trade Organization’s (WTO) Agreement on Subsidies and Countervailing Measures (ASCM) would not represent an adequate alternative. The ASCM has no domestic application and therefore would not regulate State aid within the UK, creating the risk of intra-UK subsidy races. The Minister confirmed that the Government had not yet arrived at a settled State aid policy, although it was mindful of the need to have one before ‘day one’ of Brexit. As introduced, the EU (Withdrawal) Bill would preserve a general prohibition on State aid without specifying what body would assume the Commission’s current role of reviewing and approving compatible measures. We urge the Government to address this omission as soon as possible and clarify whether State aid responsibilities will be assumed by an existing, or new, authority. It will be important for the Government to involve, and secure the support of, the devolved administrations in determining the shape of this future State aid regime, and the UK’s wider post-Brexit institutional framework for competition matters. In developing this framework, the UK will have the opportunity to address criticisms of complexity and bureaucracy facing the current EU competition regime, and to create a system more focused on domestic needs and priorities. To inform its policy in this regard, the Government should launch a consultative process, involving the devolved administrations, local authorities, and other stakeholders such as businesses and consumer groups. We hope this report will be a useful contribution to that endeavour. Legislation (legislation.gov.uk) Date Measure 01-02-18 SI 2018/102 - The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018 08-02-18 SI 2018/154 - The Novel Foods (England) Regulations 2018 12-02-18 SI 2018/165 - The Export Control (Amendment) Order 2018 15-02-18 SI 2018/187 - The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018 27-02-18 SI 2018/264 - The Soft Drinks Industry Levy (Enforcement) Regulations 2018 28-02-18 SI 2018/236 - The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 SI 2018/235 - The Motorcycles (Type-Approval) Regulations 2018 Date Restrictive Measure 15-02-18 SI 2018/179 - The Venezuela (Sanctions) (Overseas Territories) Order 2018 21-02-18 SI 2018/200 - The Export Control (North Korea Sanctions) Order 2018 HMRC updates The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs: Release Date Ref. No. and Subject Customs Information Papers 31-01-18 End-Use procedure (CIP4) 20-02-18 FPOs reclaiming import VAT on returned goods (CIP2) Tariff and Anti-Dumping Notices 01-02-18 Tariff Notice 3 (2018): laser for skin treatment and hair removal 05-02-18 Tariff Notice 4 (2018): changes to the Combined Nomenclature 16-02-18 Tariff Stop Press Notice 6 (2018): change to commodity code in chapter 32 Tariff Stop Press Notice 7 (2018): changes to commodity codes in chapter 40 Baker McKenzie International Trade Compliance Update | March 2018 76 Release Date Ref. No. and Subject New and retreaded tyres for buses or lorries imported from China (Anti-Dumping Duty 2262) Certain corrosion resistant steel imported from of China (Anti-Dumping Duty 2263) 19-02-18 Tariff Stop Press Notice 5 (2018): change to commodity code in chapter 10 Investigation of biodiesel imports from Argentina (Anti-Dumping Duty 2261) 20-02-18 UK Trade Tariff: customs procedure codes 22-02-18 Cast iron articles from China (Anti-Dumping Duty 2260) 26-02-18 Tariff Stop Press Notice 8 (2018): new commodity codes added to chapter 38 Tariff Notice 5 (2018): classification of encapsulated colostrum powders 28-02-18 Tariff Stop Press Notice 9 (2018): changes to the monthly trade euro rate UK Trade Tariff: customs procedure codes UK Trade Tariff: additional information codes for harmonised declarations UK Trade Tariff: preferential trade arrangements for countries outside the EU Other Documents and Notices 16-02-18 Notice 102: General Guarantee Accounts 19-02-18 Apply for release of a private motor vehicle on payment of Customs Duty and VAT (C384) Apply for release from conditions of relief on private motor vehicle (C&E109) 20-02-18 Apply for repayment or remission of import duties (C285) 22-02-18 Finance Act 2003: updates to Part 3 Money laundering supervision: review of money service businesses 28-02-18 Excise Notice 162: cider production ECO Notices to Exporters and DIT documents The following Export Control Organisation (ECO) Notices to Exporters and other Department for International Trade (DIT) documents were issued: Date Notice No. and Subct 31-01-18 Guidance - Export military or dual use goods, services or technology: special rules [update] 26-02-18 Notice to exporters 2018/03: updates to controls on 'information security' products using cryptography OTHER EU-EFTA COUNTRIES Liechtenstein publishes procurement thresholds On 9 February 2018, Liechtenstein published in the on-line Law Gazette (LGBI № 2018.023, LR № 172.051.11) the announcement of thresholds for the award of public contracts according to the EEA and WTO agreements. The thresholds are shown below (Annexes 3-5 define specific activities): Annex 1 - Thresholds according to the EEA Deliveries Services and competitions leading to services at these heights Construction work or construction and service concessions Government 144,000 euros (156,807 CHF) 144,000 euros (156,807 CHF) For services according to Annex 5: 750,000 euros (816,705 CHF) 5 548 000 euros (6 041 439 CHF) Municipalities and public law institutions 221,000 euros (240,656 CHF) 221,000 euros (240,656 CHF) For services according 5 548 000 euros (6 041 439 CHF) Baker McKenzie International Trade Compliance Update | March 2018 77 to Annex 5: 750,000 euros (816,705 CHF) Subsidized contracts according to Art. 3 ÖAWV 221,000 euros (240,656 CHF) 5 548 000 euros (6 041 439 CHF) Annex 2 - Thresholds under the WTO Agreement Supplies and services Works contracts Government 130,000 SDRs (230,000 CHF) 5 000 000 SDRs (8 700 000 CHF) Municipalities and public law institutions 200,000 SDRs (350,000 CHF) 5 000 000 SDRs (8 700 000 CHF) Also on 9 February 2018, Liechtenstein published in the on-line Law Gazette (LGBI № 2018.024, LR № 172.052.11) the announcement of thresholds for the award of public contracts in the water, energy (electrical energy), transport, and postal services sector according to the EEA and WTO agreements. The thresholds are shown below (Annexes 3-6 define specific activities): Annex 1 - Thresholds according to the EEA Deliveries Services and competitions leading to services at these heights Construction work or construction and service concessions Water, energy, transport, postal services 443,000 euros (482,400 CHF) 443,000 euros (482,400 CHF) For services according to Annex 5: 1 000 000 euros (1 088 940 CHF) 5 548 000 euros (6 041 439 CHF Annex 2 - Thresholds under the WTO Agreement Supplies and services Works contracts Sectors: water, energy (electrical energy), transport, postal services 400,000 SDRs (700,000 CHF) 5 000 000 SDRs (8 700 000 CHF) 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 IRELAND (EIRE) 23-02-18 S.I. No. 39 of 2018 European Communities (Intra-Community Transfers of Defence Related Products) (Amendment) Regulations 2018 27-02-18 S.I. No. 43 of 2018 European Communities (Measuring Instruments and Metrological Control) Regulations 2018 S.I. No, 44 of 2018 European Union (Measuring Instruments) (Revocation) Regulations 2018 LIECHTENSTEIN 01-02-18 LGBI № 2018.005 Ordinance of 30 January 2018 repealing the Ordinance on the Law on the Return of Undocumented Cultural Objects (LR № 461.1) Baker McKenzie International Trade Compliance Update | March 2018 78 Date* Measure 09-02-18 LGBI № 2018.021 Regulation of 6 February 2018 amending the Regulation on public procurement LGBI № 2018.022 Ordinance of 6 February 2018 amending the regulation on public procurement in the sector LGBI № 2018.023 Announcement of 6 February 2018 of thresholds for the award of public contracts LGBI № 2018.024 Announcement of 6 February 2018 on the thresholds for the award of public sector contracts LUXEMBOURG 06-02-18 Mem. A111: Grand-Ducal Regulation of 3 February 2018 amending the amended Grand-Ducal Regulation of 12 July 1995 relating to aerosol dispensers 07-02-18 Mem. A112: Law of February 3, 2018 approving the Convention between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands concerning the Benelux Interparliamentary Assembly, done in Brussels on January 20, 2015. 13-02-18 Mem. A130: Law of 3 February 2018 approving the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed at Astana, on December 21, 2015. 14-02-18 Mem. A131: Law of 13 February 2018 on 1. transposition of the provisions relating to the professional obligations and powers of the supervisory authorities in the fight against money laundering and terrorist financing of the European Parliament Directive (EU) 2015/849 and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing the Directive 2005/60 / EC of the European Parliament and of the Council and Commission Directive 2006/70 / EC; 2. Implementing Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying remittances and repealing Regulation (EC) No 1781/2006; 3. modification of: a) the amended law of 12 November 2004 on the fight against money laundering and the financing of terrorism; … 26-02-18 Mem. A143: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem. A144: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg. Mem. A145: Implementation of new European telecommunications standards applicable to the Grand Duchy of Luxembourg MALTA 09-02-18 42 of 2018 – Simplifying Terms and Conditions of Transfers of Defence-Related Products (Amendment) Regulations, 2018 - Government Gazette of Malta No. 19,946 – 09.02.2018 43 of 2018 – Dangerous Drugs Ordinance (Amendment of First Schedule) Order, 2018 - Government Gazette of Malta No. 19,946 – 09.02.2018 NORWAY 05-02-18 FOR-2018-01-26-136 Ministry of Foreign Affairs Regulations amending the regulation on export of defense materials, multipurpose goods, technology and services 08-02-18 FOR-2018-02-02-157 Ministry of Agriculture and Food, Ministry of Food and Fisheries Regulations amending the regulation on labeling and marketing of feed products 13-02-18 FOR-2018-02-10-190 Ministry of Health and Care Services Regulations concerning changes in food regulations to separate groups FOR-2018-02-12-192 Ministry of Agriculture and Food Regulations for change in the wine regulations FOR-2018-02-12-193 Ministry of Agriculture and Food Regulations concerning change in pesticide regulation 16-02-18 FOR-2018-02-10-214 Ministry of Health and Care Services Regulations amend- Baker McKenzie International Trade Compliance Update | March 2018 79 Date* Measure ing the regulation on limit values for drug residues in foodstuffs from animals FOR-2018-02-14-216 Ministry of Health and Care Regulations for change in the aroma regulation FOR-2018-02-15-217 Ministry of Labor and Social Affairs, Ministry of Climate and Environment Regulations concerning change in biocidal regulation (Biocidal Regulations) 20-02-18 FOR-2018-02-19-243 Ministry of Health and Care Services Regulations amending the Regulation on additives for use in feedstuffs 21-02-18 FOR-2018-02-14-248 Ministry of Health and Care Services Regulations concerning the partial entry into force of regulations concerning changes in the Manufacturing and Import Regulations, the Medicines Regulations, the wholesale regulations, the pharmacy regulation, regulations on turnover, etc. of certain non-pharmacy-free medicines and regulations for the procurement and delivery of pharmaceuticals from pharmacies 22-02-18 FOR-2018-02-20-260 Ministry of Finance Regulations concerning changes in regulations to the Customs and Customs Act (Customs Regulations) POLAND 01-02-18 № 296 Announcement of the Speaker of the Sejm of the Republic of Poland of January 11, 2018 regarding the publication of a uniform text of the Act on international shipment of waste 06-02-18 № 314 Regulation of the Minister of Finance of February 1, 2018 amending the ordinance on the appointment of directors of Tax Administration Chambers in Gdańsk, Poznań, Szczecin, Warsaw and Wrocław to conduct certain customs matters 08-02-18 № 326 Announcement of the Prime Minister of January 12, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Kostrzyn-Słubice special economic zone № 328 Regulation of the Minister of Agriculture and Rural Development of February 2, 2018 amending the regulation on measures taken in connection with the occurrence of African swine fever 09-02-18 № 334 Regulation of the Minister of Finance of January 23, 2018 regarding proceedings regarding asset declarations of officers of the Customs and Tax Service 12-02-18 № 347 Decree of the Minister of Finance of January 29, 2018 regarding the publication of a uniform text of the Regulation of the Minister of Finance on the model of documents confirming the payment of excise duty on the territory of a country from a passenger car purchased intra-Community or no obligation to pay this excise duty № 349 Regulation of the Minister of Finance of January 29, 2018 on the conditions for customs and tax control of compliance with customs legislation and other regulations related to the import and export of goods 13-02-18 № 358 Regulation of the Minister of Finance of February 6, 2018 regarding candidates for guides of service dogs and service dogs in the Customs and Treasury Service № 359 Notice of the Speaker of the Sejm of the Republic of Poland of 30 January 2018 regarding the publication of a uniform text of the Act on the implementation of the Convention on the Prohibition of Research, Production, Storage and Use of Chemical Weapons and on the Destruction of its Stocks № 368 Regulation of the Minister of Internal Affairs and Administration of February 7, 2018 on the manner of conducting and documenting by the Internal Security Bureau operational and reconnaissance activities consisting in implicitly making acquisitions, disposals or acquisitions of objects originating from crime, forfeited or produced, possession of , carriage or trade is forbidden, as well as acceptance or presentation of financial gain and handling of materials obtained during the use of these activities 14-02-18 № 372 Regulation of the Minister of Internal Affairs and Administration of February 8, 2018 amending the ordinance on the manner of documenting the operational control carried out by the Border Guard and keeping and transmitting requests and orders, as well as storing, transferring, processing and destroying materials obtained during the use of this control Baker McKenzie International Trade Compliance Update | March 2018 80 Date* Measure 16-02-18 № 384 Announcement of the Prime Minister of January 22, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Starachowice Special Economic Zone 19-02-18 № 388 Notice of the Speaker of the Sejm of the Republic of Poland of February 9, 2018 regarding the publication of a uniform text of the Act on the financial liability of Police officers, Border Guard, Customs and Tax Service, State Protection Service, State Fire Service, Prison Service, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service and Central Anti-Corruption Bureau 23-02-18 № 410 Announcement of the Speaker of the Sejm of the Republic of Poland of February 7, 2018 regarding the publication of a uniform text of the Act on Safety of Trading in Precursors of Explosives № 411 Announcement of the Prime Minister of 29 January 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Tarnobrzeg special economic zone № 414 Announcement of the Prime Minister of January 29, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Katowice Special Economic Zone № 415 Announcement of the Prime Minister of January 29, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Wałbrzych Special Economic Zone 26-02-18 № 422 Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, done at Ulaanbaatar on 30 April 2013. № 423 Government statement of 23 January 2018 regarding the binding force of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, done at Ulaanbaatar on 30 April 2013. № 425 Announcement of the Speaker of the Sejm of the Republic of Poland of 30 January 2018 regarding the publication of a uniform text of the Law on mutual assistance in the investigation of taxes, customs duties and other financial claims № 426 Decree of the Minister of Finance of February 6, 2018 regarding the publication of a uniform text of the regulation of the Minister of Development and Finance regarding INTRASTAT declarations № 428 Decree of the Minister of Finance of February 1, 2018 regarding the publication of a uniform text of the Regulation of the Minister of Finance on the determination of excise goods with excise marks 28-02-18 № 439 Regulation of the Minister of Finance of February 23, 2018 regarding the amount and conditions for granting and paying to the officers of the Customs and Tax Service a monetary equivalent for the lack of a dwelling or temporary quarters № 440 Regulation of the Minister of Finance of February 23, 2018 on the granting of benefits in connection with the transfer of an officer of the Customs and Tax Service to a different place № 449 Regulation of the Minister of Finance of February 23, 2018 regarding information on vacant positions in the Customs and Tax Service and the recruitment procedure for the Customs and Tax Service № 451 Regulation of the Minister of Finance of February 27, 2018 on the secondment of an officer of the Customs and Tax Service to perform work or perform official duties outside the Customs and Treasury Service SPAIN 03-02-18 Economy: Correction of Errata of Order EIC / 1337/2017, of December 18, by which Annexes I and II of Royal Decree 2028/1986, of June 6, are updated on the rules for the application of certain directives of the EEC, relating to the type approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and agricultural vehicles, as well as parts and pieces of such vehicles. (BOE-A-2018- 1486) 07-02-18 Foreign Affairs: Additional Protocol on mutual assistance in the case of forest fires in border areas, adopted under the terms of Article 8 of the Protocol be- Baker McKenzie International Trade Compliance Update | March 2018 81 Date* Measure tween the Kingdom of Spain and the Portuguese Republic on Technical Cooperation and Mutual Assistance in matters of civil protection made in Évora on March 9, 1992 , signed in Figueira da Foz on November 8, 2003. (BOE-A-2018- 1603) Foreign Affairs: Correction of errors in the Amendments to the Regulations on the International Carriage of Dangerous Goods by Rail (RID 2017), Appendix C of the Convention on International Carriage by Rail (COTIF), made in Bern on May 9, 1980, adopted by the Expert Commission for the Transport of Dangerous Goods at its 54th session, held in Bern on May 25, 2016. (BOE-A-2018-1604 09-02-18 Health, etc.: Resolution of January 17, 2018, of the General Directorate of Public Health, Quality and Innovation, which modifies Annex I of the Order of January 20, 1994, establishing the modalities of sanitary control of products of foreign trade destined to use and human consumption and to the customs enclosures authorized for its realization. (BOE-A-2018-1748) 12-02-18 Presidency: Royal Decree 50/2018, of February 2, which develops the rules for the control of animal by-products not intended for human consumption and animal health, in the hunting practice of big game. (BOE-A-2018-1869) 19-02-18 Foreign Affairs: Amendments to the Agreement on the adoption of harmonized technical regulations of the United Nations applicable to wheeled vehicles and equipment and parts that can be assembled or used in them, and on the conditions for reciprocal recognition of approvals granted in accordance with such regulations United Nations, adopted in Geneva on November 18, 2016. (BOE-A-2018-2256) Economy, etc.: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Company, by which the projects of European and international standards that have been processed as UNE standard projects by the Spanish Association are submitted to public information of Normalization, corresponding to the month of January 2018.(BOE-A-2018-2321) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Companies, by which the list of UNE standards approved by the Spanish Association for Standardization is published, during the month of January 2018. (BOE-A-2018-2322 ) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Companies, publishing the list of European standards that have been ratified during the month of January 2018 as Spanish standards. (BOE-A-2018-2323) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Company, by which the list of annulled UNE regulations is published during the month of January 2018.(BOE-A-2018-2324) Economy: Resolution of February 1, 2018, of the General Directorate of Industry and of the Small and Medium-Sized Company, by which the UNE standard projects that the Spanish Standardization Association has in process, corresponding to the month of January, are submitted to public information. of 2018.(BOEA-2018-2325) 20-02-18 Foreign Affairs: Amendments to Annexes A and B of the Europe Agreement on international transport of dangerous goods by road (ADR 2017), adopted in Geneva on 3 July 2017.(BOE-A-2018-2326) 27-02-18 Health: Royal Decree 85/2018, of February 23, which regulates cosmetic products. (BOE-A-2018-2693) 28-02-18 Health: Order SSI / 194/2018, of February 22, which modifies part II of the annex to Royal Decree 1101/2011, of July 22, approving the positive list of extraction solvents that can be to use in the manufacture of food products and their ingredients, as regards dimethyl ether. (BOE-A-2018-2761) SWITZERLAND 06-02-18 Additional Protocol of 9 November 1995 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (RS 0.131.11) Protocol № 2 of 5 May 1998 to the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities concerning inter-territorial cooperation (RS 0.131.12) Baker McKenzie International Trade Compliance Update | March 2018 82 Date* Measure DFI Ordinance on the Addition of Vitamins, Mineral Salts and Certain Other Substances to Foods (OASM) (RS 817.022.32) 09-02-18 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 13-02-18 Ordinance on the placing on the market and use of biocidal products (Ordinance on Biocidal Products, OPBio) (RS 813.12) Ordinance on Protection against Dangerous Substances and Preparations (Ordinance on Chemicals, ChemO) (RS 813.11) Ordinance on the Reduction of Risks Relating to the Use of Particularly Dangerous Substances, Preparations and Articles (Ordinance on the Reduction of Risks Relating to Chemicals, ORRChem) (RS 814.81) 20-02-18 Ordinance of the FDF on the rates of contributions for the export of agricultural commodities (RS 632.111.723.1) Ordinance on Protection against Dangerous Substances and Preparations (Ordinance on Chemicals, Ochim) (RS 813.11) Ordinance on the placing on the market and use of biocidal products (Ordinance on Biocidal Products, OPBio) (RS 813.12) Ordinance of the DFI on the Implementing Rules for the Biocidal Products Ordinance (Ordinance on the Implementation of the DFI on Biocidal Products) (RS 813.121) Ordinance of the FOAG on Phytosanitary Measures for Agriculture and Productive Horticulture (OMP-FOAG) (RS 916.202.1) 21-02-18 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 23-02-18 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 27-02-18 Federal Order approving the Nagoya-Kuala Lumpur Additional Protocol on Liability and Redress for the Cartagena Protocol on Biosafety • Additional Protocol of Nagoya - Kuala Lumpur on Liability and Redress for the Cartagena Protocol on Biosafety (RS 0.451.431.1) Customs Convention on the ATA carnet for the temporary admission of goods of December 6, 1961 (ATA Convention) (RS 0.631.244.57) FSVO Order instituting measures to prevent the introduction into Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107) Restrictive measures established, amended, corrected The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Restrictive Measure IRELAND (EIRE) 23-02-18 S.I. No. 40 of 2018 European Union (Restrictive Measures concerning the Democratic People's Republic of Korea) Regulations 2018 S.I. No. 41 of 2018 European Union (Restrictive Measures concerning Sudan) Regulations 2018 S.I. No. 42 of 2018 European Union (Restrictive Measures concerning Venezuela) Regulations 2018 LIECHTENSTEIN 01-02-18 LGBI № 2018.006 Ordinance of 30 January 2018 on measures against Venezuela (LR № 946.224.7) 09-02-18 LGBI № 2018.020 Ordinance of 6 February 2018 amending the Regulation on measures against certain persons from Tunisia (LR № 946.223.6) 22-02-18 LGBI № 2018.025 Order of 20 February 2018 amending the Regulation on Baker McKenzie International Trade Compliance Update | March 2018 83 Date* Restrictive Measure measures against the Republic of South Sudan (LR № 946.224.3) LGBI № 2018.026 Order of 20 February 2018 amending the Regulation on measures against Zimbabwe (LR № 946.222.4) NORWAY 01-02-18 FOR-2018-01-31-125 Ministry of Foreign Affairs Regulations amending the regulation on restrictive measures concerning the situation in Guinea-Bissau 05-02-18 FOR-2018-01-31-138 Ministry of Foreign Affairs Regulations amending the Regulations on sanctions and restrictive measures against North Korea 07-02-18 FOR-2018-02-05-151 Ministry of Foreign Affairs Regulations amending the regulation on restrictive measures concerning the situation in Venezuela 21-02-18 FOR-2018-02-19-249 Foreign Affairs Regulations amending the Regulations on Sanctions Against Non-Governmental Operators Operating in the Democratic Republic of the Congo, Regulations on Sanctions against Certain Groups, Militias and Persons Operating in the Darfur Province of Sudan and Regulations on Specific Measures Against Belarus FOR-2018-02-19-250 Ministry of Foreign Affairs Regulations amending the Regulations on sanctions and restrictive measures in light of the situation in South Sudan SWITZERLAND 02-02-18 Amendments to the Order of 22 June 2005 instituting measures against the Democratic Republic of the Congo (RS 946.231.12) [Entry into force: 01-02-18] 13-02-18 Ordinance blocking assets in the context of Tunisia (O-Tunisia) (RS 196.127.58) Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.127.67) Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.127.67) 14-02-18 Amendment to Order of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, the “Al Qaeda” group or the Taliban (RS 946.203) [Entry into force: 14-02-18] 16-02-18 Amendment to the Ordinance of 18 May 2016 on measures against the Democratic People's Republic of Korea (RS 946.231.127.6) [Entry into force: 15-02- 18] 19-02-18 Amendment to the Ordinance of 14 March 2014 instituting measures against the Central African Republic (RS 946.231.123.6) [Entry into force: 16-02-18] 21-02-18 Ordinance instituting measures against the Democratic Republic of the Congo (RS 946.231.12) 26-02-18 Amendment to Ordinance of 19 March 2002 instituting measures against Zimbabwe (RS 946.209.2) [Entry into force: 27-02-18] Non EU-EFTA European Countries TURKEY It is now easier to keep track of your goods in customs Recent Development The Turkish Ministry of Customs and Trade had announced that a brand new system called Customs Goods Tracking and Analytical Performance Program (“GET-APP Program”) was launched. The Ministry recently clarified that the application procedures are now simplified due to the increasing demand. What is New? The Ministry launched the GET-APP Program to enable importers and exporters to obtain accurate and prompt information about the transactions they carry out during their customs operations. Baker McKenzie International Trade Compliance Update | March 2018 84 On the GET-APP Program, certain information regarding the customs operations will be accessible for free from any computer or mobile phone with internet connection, such as the place where the exported or imported goods are located, which transactions are completed, which transactions are pending and how much time such transactions have taken or will take. Importers and exporters seeking to use the GET-APP Program must apply by providing the required information on the GET-APP Program. The Ministry has simplified the application steps, which are available here in more detail (in Turkish). Conclusion The new GET-APP Program will enable importer and exporter companies to closely follow their customs transactions, and thus facilitate their operations. Companies must follow any further announcement to be made by the Ministry and carefully review the application procedures and usage conditions for the GET-APP Program. For more information, please contact Can Sözer or Hilal Temel of our Istanbul office. Legislation (laws, resolutions, orders, etc.) The following documents were published in the on-line T.C. Resmî Gazete. Date Subject 02-02-18 Communiqué on Import Quota and Tariff Provision Administration (No: 2018/2) Communiqué on Import Quota and Tariff Provision Administration (No: 2018/3) 03-02-18 2017/10797 Decision on the Implementation of the Decision on the Implementation of Safeguard Measures in the Import of Tooth Brushes Communiqué on the Amendment of the General Communiqué on Tariffs (Classification Decisions) (Series No: 18) (Serial No: 28) Communiqué on the Amendment of the General Communiqué on Tariffs (Classification Decisions) (Series No: 20) (Serial No: 29) 06-02-18 Regulation on the Amendment of the Regulation on the Determination of the Preferred Region of Trade in the Scope of the Regional Convention on Pan European Mediterranean Preferential Rules of Origin Decision of High Planning Council dated 31/01/2018 and numbered 2018/1 on e-Export Strategy and Action Plan (2018-2020) 13-02-18 Regulation on the Trading of Second Hand Motorized Vehicles Communiqué on the Implementation of Electronic Application System in Imports Transactions (Import: 2017/3) 14-02-18 Regulation on the Amendment of the Duty Free Shops Regulation 16-02-18 Communiqué on Permission to be Obtained in Importation by Public Institutions and Organizations (Import: 2018/2) Import Control of Tobacco, Tobacco Products, Alcohol and Alcoholic Drinks (Product Safety and Control: 2018/19) 17-02-18 Communiqué on the Removal of Radiation Control Communiqué (Product Safety and Control: 2018/2) from Food and Agricultural Products Imported from Japan (Product Safety and Control: 2018/22) Customs General Communication (Collection Procedures) (Serial No: 2) Communiqué On Amendments (Collection Procedures) (Seq Id No: 2) Communiqué on the Amendment of the Communiqué on the Branding of Turkish Products Abroad, the Placement of the Turkish Commodity Image and the Support of TURQUALITY® (Communiqué No: 2006/4) (No: 2018/3) 20-02-18 Regulation on the Amendment of the Customs and Trade Council Regulation 23-02-18 Regulation on the Amendment of the Regulation on the Immigration of Live- Baker McKenzie International Trade Compliance Update | March 2018 85 Date Subject stock and Animal Products in Turkey Communiqué Pertaining to Safeguard Measures in Imports (No. 2018/1) Communiqué Pertaining to Safeguard Measures in Import (No: 2018/2) 24-02-18 2018/11273 Announcement of the Council of Ministers Decision dated 30/9/2013 and numbered 2013/5428 of the United Nations Security Council on the Freezing of the assets of persons, organizations or organizations listed in the resolutions of 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List 25-02-18 Communiqué on the Amendment of the Customs General Communiqué (Customs Transactions) (Serial No: 105) (Customs Transactions) (Serial No: 147) UKRAINE Legislation (laws, resolutions, orders, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers (Розпорядження Кабінету Міністрів України), Regulations (Положення), Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website during the period of coverage of this Update: Date Subject 11-01-18 On Amendments to the Procedure for the State Control over International Transfers of Dual-Use Goods Cabinet of Ministers of Ukraine ; Resolution on January 11, 2018, No. 1 17-01-18 On Approval of the Procedure for the Issue, Turnover and Repayment of Tax Bills Issued prior to Receipt or Importation into the Customs Territory of Ukraine of Petroleum Products and / or Substances Used as Components of Motor Fuels for use as raw materials for manufacture in the chemical industry and for the recognition as invalid , some resolutions of the Cabinet of Ministers of Ukraine Cabinet of Ministers of Ukraine ; Resolution , Procedure, Specification on January 17, 2018, No. 21 07-02-18 On the submission for ratification by the Verkhovna Rada of Ukraine of an agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Moldova on joint control of persons, vehicles, goods and objects at common border crossing points across the Ukrainian-Moldavian border Order of the Cabinet of Ministers of Ukraine on February 7, 2018, No. 70-p 14-02-18 On Approval of the Strategy for the Implementation of the Provisions of the European Union Directives in the Field of Postal Services and Courier Services (Roadmap) Order of the Cabinet of Ministers of Ukraine; Strategy, Plan, Events on February 14, 2018 No. 104-p 21-02-18 On Amending Certain Decrees of the Cabinet of Ministers of Ukraine on Issues of State Export Control Resolution of the Cabinet of Ministers of Ukraine dated February 21, 2018, No. 99 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 Решения, Распоряжение and Recommendations having a direct effect on international traders are listed. Baker McKenzie International Trade Compliance Update | March 2018 86 Publication Date Title Council (Совет) of the Eurasian Economic Commission Решение 20-02-18 № 2 (16-02-18) On Amending Certain Decisions of the Commission of the Customs Union and on Approving the List of Goods Imported to the Territory of the Russian Federation for the Purposes of the Project for the Construction and Operation of a Liquefied Natural Gas Production Plant of the South Tambey Gas Condensate Field on the Yamal Peninsula № 3 (16-02-18) On Amending the Plan for the Development of Technical Regulations of the Eurasian Economic Union and on Amendments to the Technical Regulations of the Customs Union № 4 (16-02-18) On Amending the Plan for the Development of Technical Regulations of the Eurasian Economic Union and Amendments to the Technical Regulations of the Customs Union № 5 (16-02-18) On Amending the Decision of the Commission of the Customs Union of May 28, 2010 No. 299 № 6 (26-01-18) On the Draft Decision of the Higher Eurasian Economic Council “On the Council on Agro-Industrial Policy of the Eurasian Economic Union” № 7 (26-01-18) On the draft order of the Supreme Eurasian Economic Council “On the report” Republic of Armenia: two years in the Eurasian Economic Union. First results » № 8 (26-01-18) On the draft order of the Eurasian Intergovernmental Council on the Macroeconomic Situation in the Member States of the Eurasian Economic Union and Proposals for Sustainable Economic Development № 9 (26-01-18) On the draft order of the Eurasian Intergovernmental Council “On the state of mutual trade between the member states of the Eurasian Economic Union in 2017” № 10 (26-01-18) On the draft decision of the Supreme Eurasian Economic Council “On introducing changes to the list of sectors (subsectors) of services in which a single market of services is functioning within the framework of the Eurasian Economic Union” № 11 (26-01-18) On the introduction of changes to the Requirements for the material and technical equipment and arrangement of points for plant quarantine (phytosanitary control posts) № 12 (26-01-18) On the draft order of the Eurasian Intergovernmental Council “On Submission of a Candidate of a Member of the Council of the Eurasian Economic Commission to the Higher Eurasian Economic Council” 22-02-18 № 13 (26-01-18) On the establishment of rates of import customs duties of the Single Customs Tariff of the Eurasian Economic Union in respect of certain types of goods in accordance with the obligations of the Russian Federation in the WTO 20-02-18 № 14 (26-01-18) On the establishment of the import customs duty rate of the Single Customs Tariff of the Eurasian Economic Union in respect of polyethylene for the application of the factory three-layer anticorrosive coating for large diameter pipes 27-02-18 № 15 (26-01-18) On the Approval of the Rules of Good Practice for the Growing, Collection, Processing and Storage of Vegetable Originary Vegetables Council Regulations/Orders (Распоряжение) 16-02-18 № 1 (16-02-18) On the draft Agreement on trade and economic cooperation between the Eurasian Economic Union and its member states, on the one hand, and the People's Republic of China, on the other hand № 2 (16-02-18) On Amending the Order of the Council of the Eurasian Economic Commission of October 18, 2016 No. 32 20-02-18 № 3 (26-01-18) On the introduction of changes in the composition of the negotiating delegation to participate in the negotiations on the revision of the tariff obligations of the Republic of Armenia in the World Trade Organization in connection with the accession of the Republic of Armenia to the Treaty on the Eurasian Economic Union of May 29, 2014 № 4 (26-01-18) On the introduction of changes in the composition of the negotiating delegation to participate in negotiations on the revision of tariff obligations of the Kyrgyz Republic in the World Trade Organization in connection with Baker McKenzie International Trade Compliance Update | March 2018 87 Publication Date Title the accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of May 29, 2014 Board (Коллегии) of the Eurasian Economic Commission Решения 01-02-18 № 15 (31-01-18) On the classification of the ship diesel engine in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union № 16 (31-01-18) On Amendments to the Instruction on the Procedure for Completing the Declaration on Goods № 17 (31-01-18) On the establishment of the import customs duty rate of the Single Customs Tariff of the Eurasian Economic Union with respect to certain types of compressors for refrigeration equipment № 18 (31-01-18) About the list of documents containing information on varietal and sowing (planting) qualities of seeds of agricultural plants mutually recognized by the member states of the Eurasian Economic Union when handling seeds of agricultural plants within the framework of the Eurasian Economic Union № 19 (31-01-18) On the classification of disposable feminine hygiene pads, disposable sanitary napkins for a bra and disposable diapers for adults in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union 12-02-18 № 20 (07-02-18) On the application of a trigger protective measure in respect of certain types of underwear, children's clothing and accessories for children's clothing originating in the Socialist Republic of Vietnam and imported into the customs territory of the Eurasian Economic Union № 21 (07-02-18) On the list of international and regional (interstate) standards and, in their absence, national (state) standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Customs Union “Safety requirements for food additives, flavors and technological auxiliaries” (TP TC 029/2012), and a list of international and regional (interstate) standards, and in the absence of national (state) standards, soda the rules and methods of testing (tests) and measurements, including the sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Customs Union “Safety requirements for food additives, flavors and technological auxiliaries” (TR TS 029/2012) and evaluation conformity of technical regulation objects № 22 (07-02-18) On the list of international and regional (interstate) standards, and in the absence of national (state) standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Eurasian Economic Union “On the safety of equipment for children's playgrounds” (TP EAPS 042 / 2017), and a list of international and regional (interstate) standards, and, in the absence of them, national (state) standards containing rules and methods (tests) and measurements, including the sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Eurasian Economic Union “On the safety of equipment for children's playgrounds” (TR EAES 042/2017) and the implementation of the conformity assessment of technical regulation facilities № 23 (07-02-18) On Amending the Decision of the Commission of the Customs Union of July 15, 2011 No. 710 № 24 (07-02-18) On Amending the Decision of the Commission of the Customs Union of July 15, 2011 No. 710 № 25 (07-02-18) About the Order of Confirmation by the Customs Authorities of the Member States of the Eurasian Economic Union of the actual export of goods from the customs territory of the Union 15-02-18 № 26 (13-02-18) On the Procedure for the Formation and Maintenance of a Single Register of Varieties of Agricultural Plants № 27 (13-02-18) On approval of the Uniform Veterinary (veterinary and sanitary) requirements for objects subject to veterinary control (supervision) № 28 (13-02-18) On the maximum permissible levels of residues of veterinary medicinal products (pharmacologically active substances) that may be con- Baker McKenzie International Trade Compliance Update | March 2018 88 Publication Date Title tained in unprocessed food products of animal origin, including in raw materials, and methods for their determination 02-02-18 № 29 (19-02-18) On the format and structure of the provision of information on the initiative within the framework of the implementation of the digital agenda of the Eurasian Economic Union Board Распоряжение 01-02-18 № 14 (23-01-18) On the implementation of the general process “Ensuring the exchange of information on goods subject to marking with control (identification) marks made or imported into the customs territory of the Eurasian Economic Union, including in the transboundary circulation of such goods on the customs territory of the Eurasian Economic Union” № 15 (31-01-18) On the Draft Protocol on Amendments to the Customs Code of the Eurasian Economic Union № 16 (31-01-18) On the Draft Protocol on Amendments to the Treaty on the Joint Collegium of Customs Services of the Member States of the Customs Union of June 22, 2011 № 17(31-01-18) On the Draft Protocol on Amendments to the Agreement on Legal Assistance and Interaction of the Customs Authorities of the Member States of the Customs Union in Criminal Cases and Administrative Offenses of July 5, 2010 № 18 (31-01-18) On the Draft Protocol on Amendments to the Treaty on the Specifics of Criminal and Administrative Responsibility for Violations of the Customs Legislation of the Customs Union and Member States of the Customs Union of July 5, 2010 № 19 (31-01-18) On the Draft Protocol on Amendments to the Agreement on Free (Special, Special) Economic Zones in the Customs Territory of the Customs Union and the Customs Procedure of the Free Customs Zone of June 18, 2010 № 20 (31-01-18) On the composition of the working group to improve the single transit system and unified guarantee mechanisms for customs transit 12-02-18 № 21 (07-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission “On Typical Conformity Assessment Schemes” № 22 (07-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission “On Amending the Single Quarantine Phytosanitary Requirements for Quarantine Products and Quarantined Objects on the Customs Border and on the Customs Territory of the Eurasian Economic Union” № 23 (07-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission “On Amendments to the Unified List of Quarantine Facilities of the Eurasian Economic Union” № 24 (07-02-18) On approval of the draft action plan for the implementation of the Memorandum of Understanding between the Eurasian Economic Commission, the European Committee for Standardization and the European Committee for Standardization in Electrical Engineering for 2018-2022 15-02-18 № 25 (13-02-18) On the introduction of changes to the composition of the Advisory Committee on Statistics № 26 (13-02-18) On the introduction of changes to the plan of scientific research work of the Eurasian Economic Commission for 2018 - 2019 № 27 (13-02-18) On the introduction of changes in the composition of the working group of the Eurasian Economic Commission for the assessment of the regulatory impact of the draft decisions of the Eurasian Economic Commission Board Recommendations 19-01-18 № 1 (16-01-18) About the list of exhibition and fair events and business missions of manufacturers of light industry products for 2018-2020 № 2 (16-01-18) About the Manual on the Quality of Medicinal Products with Modified Release for Ingestion Baker McKenzie International Trade Compliance Update | March 2018 89 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 12 February 2017. The table lists the tariff codes, a description, rationale (GRIs) for the decision. BELARUS State Customs Committee (acts, resolutions, orders, etc.) The following normative legal acts of the State Customs Committee (SCC) were posted to the SCC website: Date Subject 01-02-18 On the change in the composition of the State Border Commission under the Council of Ministers of the Republic of Belarus. Decree No. 77 of the Council of Ministers of the Republic of Belarus of January 30, 2018 Preliminary decisions on tariff classification The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods (База данных товаров, в отношении которых принято предварительное решение о классификации). The database has been updated through February 2018. It may be searched by tariff code or description (in Russian). RUSSIAN FEDERATION Legislation (acts, resolutions, orders, etc.) The following Russian Federation (RF) Acts, Government Resolutions/Decrees (Постановление Правительства) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information (Официальный интернет-портал правовой информации) during the period of coverage of this Update: Date of Publication Subject 18-01-18 Order of the Federal Customs Service of December 19, 2017 No. 2013 “On the recognition of the Federal Customs Service of Russia of July 15, 2015 No. 1417” On the Establishment of the Competence of Customs Authorities located in Moscow and the Moscow Region, in St. Petersburg and Leningrad Region, on Commitment customs operations with respect to goods intended for demonstration at exhibitions, fairs, international meetings and other similar events, as well as cultural values ” (registered on January 17, 2018 No. 49666) 07-02-18 Federal Law of February 5, 2018 No. 9-FZ “On Amending Article 5 of the Federal Law” On the Destruction of Chemical Weapons “ Order of the Federal Customs Service of 12.01.2018 No. 15 “On approval of the Regulation on the personnel reserve of customs authorities of the Russian Federation” (Registration 06.02.2018 No. 49915) 13-02-18 Decree of the Government of the Russian Federation No. 105 of 06.02.2018 “On the implementation of a pilot project for the compensation of individuals to foreign citizens for the value added tax for the export of goods outside the customs territory of the Eurasian Economic Union” Baker McKenzie International Trade Compliance Update | March 2018 90 Date of Publication Subject Decree of the Government of the Russian Federation No. 128 of 08.02.2018 “On Approval of the Rules for Control in Production Places (Including Processing), Shipment of Quarantine Products for Import into the Russian Federation from Foreign Countries or Groups of Foreign Countries, Where Quarantine Objects Are Spread, characteristic for such quarantine products, in accordance with international agreements of the Russian Federation, for the purpose of its use for crops and plantings “ Middle East ISRAEL US and Israel agree to eliminate Certificate of Origin The US Department of Agriculture (USDA) reports that in an effort to further facilitate trade between Israel and the United States, the two parties have agreed to reduce the paperwork burden necessary to take advantage of the tariff reductions in the United States – Israel Free Trade Agreement. As of January 10, 2018, both sides removed the requirement for a Certificate of Origin for Exporting to Israel. The Certificate of Origin for Exporting to Israel is being replaced with an invoice declaration by the exporter or producer. A transition period allowing exporters to change their document requirements extends until March 31, 2018. Background Prior to January 10, 2018, firms wishing to gain preferential access to the Israeli market were required to submit a Certificate of Origin for Exporting to Israel to Israeli customs authorities. Only the original form could be submitted, photocopies were not accepted. If the certificate was being submitted by an exporter that was not also the manufacturer, it had to be notarized and stamped by a U.S. – Israel Chamber of Commerce. Certificates were issued by U.S. – Israel Chambers of Commerce across the country. More details on the United States – Israel Free Trade Agreement can be found in the 2017 Israel Food and Agricultural Import Regulations and Standards Narrative and Certificate reports, prepared by USDA. In May 2017, the Joint Committee established under the 1985 Free Trade Agreement between Israel and the United States signed the Decision of the Joint Committee of the Agreement on the Establishment of a Free Trade Area Between the Government of Israel and the Government of the United States of America on Annex 3 (Rules of Origin) in which they agreed to eliminate the Certificate of Origin required by the FTA and amended the text of Paragraph 9 of Annex 3 of the FTA to substitute an invoice declaration by the producer or exporter which could be in the form of an electronic transmission. This decision was subject to each Party’s domestic approval. Israel’s Plant Protection Regulation controls the import of all plant material, pests, and regulated products. Within the Israeli regulation there is a reference to the usage of the Certificate of Origin. Israel’s Plant Protection and Inspection Service (PPIS) has yet to announce how they will manage the regulatory discrepancy between the new invoice declaration and the required Certificate of Origin. Exporters of U.S. products are work closely with their Israeli partners during this transition period. The Foreign Agricultural Service in Tel Aviv is working closely Baker McKenzie International Trade Compliance Update | March 2018 91 with PPIS on this issue and will publish updates that could potentially impact U.S. exporters. Africa SOUTH AFRICA South African Customs and Excise Act Amendments of Rules and Tariff Schedules Date Publication Details Subject Implementation Date 09-02-18 GG.41433 R.103 Amendment to Part 1 of Schedule No. 3, by the substitution of rebate items under 320.12 in order to provide for the importation of raw materials for the manufacture of baby diapers as well as adult diapers – ITAC Report 569 • Notice R.103 09-02-18 GG.41433 R.100 Amendment to Part 1 of Schedule No. 4, by the substitution of item 412.13/00.00/01.00 in order to exclude adult diapers from rebate – ITAC Report 569 • Notice R.100 GG.41433 R.101 Amendment to Part 2 of Schedule No. 4, by the substitution of items 460.17/87.00/04.02 and 460.17/87.00/02.04 in order to reduce the period of disposal of motor vehicles designed for the transport of physically disabled persons from 5 years to 3 years – Minute M13/2017 • Notice R.101 GG.41433 R.102 Amendment to Part 2 of Schedule No. 6, by the substitution of items 630.20 and 630.22 as a consequence to the amendment in Schedule 4 in order to reduce the period of disposal of motor vehicles designed for the transport of physically disabled persons from 5 years to 3 years – Minute M13/2017 • Notice R.102 21-02-18 Taxation Proposals as tabled by the Minister of Finance in his Budget Review 2018 at 14:37 • Taxation Proposals 21-02-18 Trade compliance enforcement actions - import, export, IPR, FCPA The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis]. [Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep’t Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Baker McKenzie International Trade Compliance Update | March 2018 92 Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; ITA= International Trade Administration; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.] FCA= False Claims Act case] Date of Release Subject 02-01-18 'Operation Team Player' nets over $15 million in fake sports merchandise (ICE, CBP, Minneapolis PD) 2 men indicted for scheme to export firearms to Kurds in Iraq (DOJ, ICE) 02-02-18 Chinese National Pleads Guilty to Conspiracy and Trafficking of Counterfeit Apple Goods Into the United States (DOJ, ICE, Europol, Guardia di Finanza, Local DA) 02-05-18 Commerce Department Moves Against Illicit Iran Aircraft Network (BIS) 02-06-18 Home Furnishings Resource Group Inc. Agrees to Pay $500,000 to Settle False Claims Act Allegations Relating to Evaded Customs Duties (DOJ, CBP, ITA) 02-08-18 (F) Over 15,500 kilograms of contraband tobacco seized at the Peace Bridge port of entry (CBSA) 02-12-18 5 former government officials from Venezuela charged in Houston federal court with money laundering scheme involving foreign bribery (DOJ, ICE, Spanish authorities, IRS, Swiss Justice Office) 02-13-18 British Luxury Knitwear Retailer and CEO Agree to Pay $908,100 to Settle False Claims Act Allegations Concerning Improper Avoidance of Customs Duties (FCA qui tam; DOJ, CBP) In Time for Valentine’s Day — CBP Seizes $31 Million in Fake Perfume 02-15-18 CBP and Procter & Gamble Partner to Prevent Counterfeit P&G Products from Entering US 02-16-18 'Operation Team Player' nets over $15 million in fake sports merchandise (DOJ, FBI, BIS) CBP Intercepts Ancient Artifacts at Miami International Airport 02-23-18 2 Los Angeles-area men arrested in scheme to defraud US by avoiding payment of federal excise taxes on cigarettes (DOJ, ICE, ATF, IRS, TTB) 02-27-18 Port St. Lucie man indicted on weapons charges (DOJ, ICE, ATF, CBP, Brazilian Customs, Rio de Janeiro PD, Brazil Fed. Prosecutor) Newsletters, Reports, Articles, Etc. Baker & McKenzie Global VAT/GST Newsletter Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are: • Jochen Meyer-Burrow, Partner, [email protected] • Martin Morawski, Associate, [email protected] Publications, Alerts, Newsletters The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you: Baker McKenzie International Trade Compliance Update | March 2018 93 Subject International Trade, Tax and Anti-corruption Global International Trade Compliance Update – February 2017 {older issues} Brexit Daily Updates Global Automotive Group Client Alert: NAFTA In Play: The State of Play Following the Sixth Round of Negotiations Client Alert: EU: Future restrictions in the use of transfer pricing for customs valuation? Compliance & Investigations Client Alert: Litigation Privilege: A departure from the ENRC? Mexico Client Alert 16 – Antidumping News – January/February 2018 (Eng.); Noticias Antidumping – Enero/Febrero 2018 (Span.) Other areas DigitalMedia Alert Newsletter – February 2018 Asia-Pacific Competition Quarterly Newsletter (February 2018) Colombia Baker News: New extension of deadlines to register databases in the National Database Registry and exclusion of certain parties from the database registration obligation. Myanmar IP Bills Advance to People's Parliament Turkey Information Technology/Communications Legal Alert: Internet Law: New Regulations On The Way (Eng.); Bilgi Teknolojileri / İletişim Mevzuat Değişikliği: İnternet Hukuku: Yeni Düzenlemeler Yolda (Turk.) Global Aviation: Airport Privatization Round-Up February 2018 Mexico Information Technology & Communications Client Alert: The Federal Institute of Telecommunications approves the bidding of radio spectrum available in the frequency band 2500-2690 MHz. (Eng.); El Instituto Federal de Telecomunicaciones aprueba la convocatoria para la licitación de espectro radioeléctrico en la banda de frecuencias 2500- 2690 MHz. (Span.) EMEA Healthcare Industry Group Newsletter – January/February 2018 The Global Employer Magazine 2018 Horizon Scanner Digital Media Alert Newsletter | February 2018 Webinars, Meetings, Seminars, Etc. We are very pleased to announce our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continuing Challenges in Global Trade”. The series will include the latest international trade developments including the impact of the Trump presidency on trade policy, TPP and of Brexit. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Human Rights, Forced Labor, and Ethical Supply Chains. This year, we will again expand our usual program to include our Customs Academy, which will feature 6 “Customs 101” webinars ( highlighted in green below). The Customs 101 program will be primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office, will moderate these webinars and be joined by experts from across our global network. Baker McKenzie International Trade Compliance Update | March 2018 94 All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link: www.timeanddate.com. If you miss a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this new link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation. January 30 Human Rights, Forced Labor, and Ethical Supply Chains: Best Practices for Managing Growing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto) To register for this complimentary webinar series, click on the REGISTER NOW button and provide your information. You can register for one or all webinars. We hope you will participate in and enjoy this exciting webinar series! Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermckenzie.com These webinars are all complimentary. Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15- 12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. January 30 February 27 Customs Basic: How to Classify Your Products Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta) March 27 Hot Topics in US, European, and Asian Export Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), and Alex Lamy (DC) April 24 Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto) May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Nicole Looks (Frankfurt) and Jenny Revis (London) June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cowley (Hong Kong) and Brian Cacic (Toronto) July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Terrie Gleason (San Francisco), Stu Seidel (DC) and Jenny Revis (London), and Fred Burke (Ho Chi Minh) August 28 Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East) September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mexico), Nicole Looks (Frankfurt), and Meredith DeMent (DC) October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers: Manuel Padron (Juarez), Alessandra Machado (Sao Paolo), and Esteban Ropo- Baker McKenzie International Trade Compliance Update | March 2018 95 lo (Buenos Aires) Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong) December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara) RECORDED SESSIONS FROM OUR ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 14 November 2017 – Year-End Review of Import/Export Developments (Export Day) AM Sessions Recording – • Export Control Developments in the United States and European Union • Encryption Export Controls and Cloud Computing: A Comparative Analysis • United States Economic Sanctions Update & Russian Response to US Sanctions PM Sessions Recording – • Economic Sanctions: A Comparative Analysis • Export Enforcement (panel format did not include slides) • Export Control Developments in the Asia Pacific Region • Arab States Boycott of Qatar and the Implications Under the United States AntiBoycott Regulations 15 November 2017 – Year-End Review of Import/Export Developments (Import Day) AM Sessions Recording – • The Current International Trade Environment: Challenges to Globalization and its Impact on the Supply Chain • Trade Policies and Initiatives Under the Trump Administration • The NAFTA Renegotiation: A Multinational Perspective • United States and Canadian Customs Regulatory Update PM Sessions Recording – • European Union Customs and Trade Developments • Emerging Impediments to the Import of IT Products into China • Latin American Trade Developments Baker McKenzie International Trade Compliance Update | March 2018 96 2017 Global Trade and Supply Chain Webinar Series “2017: Beginning of a New Era in Global Trade and Business?” Our 14th annual, Global Trade and Supply Chain Webinar Series entitled, “2017: Beginning of a New Era in Global Trade and Business?” includes the latest international trade developments including the impact of the Trump presidency on trade policy and of Brexit. In addition to our usual topics of Customs, export controls/sanctions and FCPA/anti-bribery, the 2017 series also covers data privacy and intellectual property in the supply chain. In 2017, we expanded our usual program to launch our Customs Academy, featuring 6 “Customs 101” webinars (indicated in green). The Customs 101 program is primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco office and Head of the Firm’s Global Customs Focus Group, and Jenny Revis, Of Counsel in the London office, will moderate these webinars and be joined by experts from across our global network. All webinars begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link: www.timeanddate.com. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted. Webinar Dates and Topics: January 31 Major Customs Developments in North America and Asia Speakers: Stu Seidel (Washington, DC), Brian Cacic (Toronto), Eugene Lim (Singapore), and Adriana Ibarra-Fernandez (Mexico City) February 28 Customs Basic: How to Classify Your Products Speakers: Daniel Lund (London), Jose Hoyos-Robles (Mexico City), and Eunkyung Shin (Chicago) March 28 New Era of Protectionism? – Trump Presidency and Brexit Developments Speakers: Terrie Gleason and Stu Seidel (Washington DC), Ross Denton and Jessica Mutton (London) April 25 Customs Basic: How to Value Your Products Speakers: Nicole Looks (Frankfurt), Eugene Lim (Singapore), Paul Burns (Toronto), and Daniel Sanchez-Elizondo (GuadaWebinar Start Time: 08:00 AM (Pacific) 10:00 AM (Central) 11:00 AM (Eastern) *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Focus Group Head: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 [email protected] These webinars area all complimentary. Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15- 12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Baker McKenzie International Trade Compliance Update | March 2018 97 lajara) May 23 Impact on Sanctions: Trump Administration’s Effects on US, EU, and Russian Sanctions Speakers: Alexander Bychkov (Moscow), Ben Smith (London), Alex Lamy (Washington, DC) and Alison Stafford Powell (Palo Alto) June 27 Customs Basic: Determining the Origin of Your Products Speakers: Olivia Colville (Chicago), Jessica Mutton (London), and Adriana Ibarra-Fernandez (Mexico City) July 25 Major Developments in Data Privacy Laws – US, Canada and EU Speakers: Brian Hengesbaugh (Chicago), Dean Dolan (Toronto), Dyann Heward-Mills (London), Michael Egan (Washington, DC) August 22 Customs Basic: Reducing your Duty Liability Through the Use of Customs Procedures Speakers: Roger van de Berg (Amsterdam), Eunkyung Kim Shin (Chicago), Manuel Padron-Castillo (Juarez), and Panya Sittisakonsin (Bangkok) September 19 Intellectual Property Considerations and Issues in Your Supply Chain Speakers: Gary Shapiro (San Francisco), Lothar Determann (Palo Alto), Jochen Herr (Munich), Isabella Liu, Kei Matsumoto, Flavia, Rabello October 24 Customs Basic: What You Need to Know about Customs in the EU, Russia and China Speakers: Mariacristina Scarpa and Giulia Bettarini (Milan), Alexander Brychov and Vladimir Efremov (Moscow), and Frank Pan (Shanghai) November 28 Major Developments in FCPA/AntiBribery Regulation Speakers: John McKenzie (San Francisco), Mini vandePol (Hong Kong), and Peter Tomczak (Chicago) December 19 Customs Basic: What You Need to Know about Customs in the US, Mexico and Brazil Speakers: Alejandro Martinez-Galindo (Guadalajara), Alessandra S. Machado (Sao Paulo), Meredith DeMent (Washington, DC), and Meghan Hamilton (Chicago) Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars. We hope you will participate in and enjoy this exciting webinar series! Interested in learning more? 2016 International Trade Compliance Webinar Series Our 13th annual, International Trade Compliance Webinar Series entitled, “TPP and New Developments in Global Trade” had several sessions covering the Trans-Pacific Partnership (TPP), as well as sessions covering key developments in customs, export and FCPA. All webinars run approximately 90 minutes. If you missed a webinar, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted. Due to a redesign of our website, previous links are no longer valid. Recorded Webinars: Date Topic Presented January 26 Overview of the Trans-Pacific Partnership (TPP) Speakers: Frederick Burke (Ho Chi Minh City), Miguel Noyola (Chicago), Eugene Baker McKenzie International Trade Compliance Update | March 2018 98 Lim (Singapore), and Elizabeth Nightingale (Kuala Lumpur). Presented February 16 The Trans-Pacific Partnership (TPP) and Labor and Environment Speakers: Frederick Burke (Ho Chi Minh City) and Thuy Hang Nguyen (Ho Chi Minh City). Presented March 29 Customs Considerations in Free Trade Agreements, Including TPP and NAFTA Speakers: Adriana Ibarra (Mexico City), Stuart Seidel (Washington, DC), and Meredith DeMent (Washington, DC). Presented April 19 The Latest on Trade Sanctions: Iran, Russia, and Other Developments Speakers: Steven Hill (Washington, DC), Philippe Reich (Zurich), Alexander Bychkov (Moscow), and Ben Smith (London). Presented May 24 Cuba Sanctions Developments and Updates Speakers: Alison Stafford-Powell (Palo Alto), Alexandre Lamy (Washington, DC), Brian Cacic (Toronto), and Julia Pfeil (Frankfurt). Presented June 21 FCPA Considerations Arising in Import/Export Operations Speakers: John McKenzie (San Francisco), Joan Meyer (Washington, DC) and Mini vandePol (Hong Kong). Presented July 26 Update on Customs Valuation Issues Around the World – Transfer Pricing, First Sale, Royalties Speakers: Paul Burns (Toronto), Nicole Looks (Frankfurt), Jennifer Revis (London), and Eugene Lim (Singapore). Practice Group Co-Chair: Teresa A. Gleason, Co-Chair, Global Customs and FTA Practice (San Francisco, CA), Tel: +1 415 576 3021, [email protected] Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez, Business Development Specialist, Tel: +1 202 835 1661 or [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credit. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This non-transitional program is not appropriate for newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. WTO TBT Notifications Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of “notifications” to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison. Country Notification Date Issued Final Date for Comments Merchandise Covered Argentina ARG/330 01/30/2018 Not given Household cleaning products Argentina ARG/311/Add.1 02/16/2018 Not given Household microwave ovens Baker McKenzie International Trade Compliance Update | March 2018 99 Country Notification Date Issued Final Date for Comments Merchandise Covered Bolivia BOL/9 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Brazil BRA/716/Add.1 01/31/2018 Not given Tobacco products Brazil BRA/789 02/08/2018 02/26/2018 Telecommunications products (HS 8517) telephone sets including telephones for cellular networks or for other wireless networks. Other apparatus for the transmission or reception of vice, images, or other data including apparatus for communication in a wired or wireless network, etc. Brazil BRA/559/Add.5 02/23/2018 Not given Parts and accessories of vehicles of headings (HS 8711 to 8713, 8714) Brazil BRA/790 02/22/2018 03/22/2018 Parts & accessories for motor cycles/cycles (HS 8714) Brazil BRA/791 02/22/2018 03/23/2018 Parts & accessories for motor cycles/cycles (HS 8714) Brazil BRA/792 2/23/2018 03/23/2018 Parts & accessories for motor cycles/cycles (HS 8714) Canada CAN/542 02/05/2018 03/28/2018 Radiocommunications Canada CAN/471/Add.2/ Corr.1 02/07/2018 Not given Prescription status of medicinal ingredients for human use (HS 3004.90) Canada CAN/543 02/13/2018 04/26/2018 Prepackaged products Canada CAN/516/Add.1 02/19/2018 Not given Prescription status of medicinal ingredients for human use (HS 3004.90) Chile CHL/253/Add.1 02/26/2018 Not given Portable fire extinguishers China CHN/1259 01/31/2018 04/01/2018 Drugs (HS 30) Colombia COL/225/Add.1 01/31/2018 Not given Electronic taximeters (90.29.10.10.00) Colombia COL/226/Add.1 01/31/2018 Not given Breathalysers (90.27.80.90.00 and 90.27.10.90.00) Colombia COL/133/Add.2 02/12/2018 Not given Honey Colombia COL/231 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Costa Rica CRI/172 02/20/2018 04/21/2018 Matured cheese Costa Rica CRI/173 02/23/2018 04/24/2018 Hydrocarbon Dominican Republic DOM/226 02/21/2018 04/22/2018 Milk and milk products Ecuador ECU/338 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Ecuador ECU/81/Rev.1 02/20/2018 Not given Dummies/pacifiers for babies and young children Ecuador ECU/206/Add.3 02/23/2018 Not given Oil filters, diesel and petrol filters, and intake air filters for internal combustion engines (HS 8421.23.00.10, 8421.23.00.90 and 8421.31.00.00) Egypt EGY/2/Add.5 02/21/2018 Not given Food products Egypt EGY/3/Add.12 02/21/2018 Not given Chemical, textile and engineering products Egypt EGY/3/Add.13 02/21/2018 Not given Chemical, textile and engineering products Egypt EGY/68/Add.4 02/21/2018 Not given Energy efficiency label for air conditioners Egypt EGY/84/Add.2 02/21/2018 Not given Beverages Egypt EGY/133/Add.1 02/21/2018 Not given LED lamps (bulbs) Baker McKenzie International Trade Compliance Update | March 2018 100 Country Notification Date Issued Final Date for Comments Merchandise Covered Egypt EGY/164/Add.1 02/21/2018 Not given Toys Egypt EGY/165/Add.1 02/21/2018 Not given Equipment for children - Child use and care articles Egypt EGY/179 02/21/2018 04/22/2018 Hoses Egypt EGY/180 02/21/2018 04/22/2018 Ophthalmic equipment Egypt EGY/181 02/21/2018 04/22/2018 Water of natural resources Egypt EGY/182 02/21/2018 04/22/2018 Toys Egypt EGY/183 02/21/2018 04/22/2018 Toys Egypt EGY/184 02/21/2018 04/22/2018 Furniture Egypt EGY/185 02/21/2018 04/22/2018 Toys Egypt EGY/186 02/21/2018 04/22/2018 Lamps and related equipment Egypt EGY/187 02/21/2018 04/22/2018 Precious metals, jewellery Egypt EGY/188 02/21/2018 04/22/2018 Ophthalmic equipment Egypt EGY/189 02/21/2018 04/22/2018 Sterilizing equipment El Salvador SLV/199 02/20/2018 04/21/2018 Matured cheese European Union EU/538 02/01/2018 04/02/2018 Certain carcinogenic, mutagenic or toxic for reproduction (CMR) 1A and 1B substances, listed in Appendix 12, in clothing, related accessories, textiles other than clothing which, under normal or reasonably foreseeable conditions of use, come into contact with human skin to an extent similar to clothing and footwear. European Union EU/539 02/08/2018 04/09/2018 Food European Union EU/540 02/08/2018 04/09/2018 Food European Union EU/541 02/08/2018 04/09/2018 Electrical and electronic equipment European Union EU/542 02/16/2018 05/17/2018 Products covered by Union harmonisation legislation, according to the Annex to the proposed Regulation European Union EU/384/Add.2 02/19/2018 Not given Biocidal active substances European Union EU/543 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/544 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/545 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/546 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/547 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/548 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/549 02/20/2018 04/21/2018 Electrical and electronic equipment European Union EU/550 02/20/2018 04/21/2018 Electrical and electronic equipment Baker McKenzie International Trade Compliance Update | March 2018 101 Country Notification Date Issued Final Date for Comments Merchandise Covered European Union EU/551 02/26/2018 04/27/2018 Fruit and vegetables (HS codes: 080810; 0805; 081050; 0705; 080930; 080830; 081010; 070960; 080610; 070200 Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled. (HS 0705), Tomatoes, fresh or chilled. (HS 0702), Citrus fruit, fresh or dried. (HS 0805), Apples, pears and quinces, fresh. (HS 0808) - Fruits of the genus Capsicum or of the genus Pimenta (HS 070960) - Peaches, including nectarines (HS 080930) - Strawberries (HS 081010) - Kiwifruit (HS 081050) - Fresh (HS 080610)) Guatemala GTM/95 02/14/2018 04/15/2018 Matured cheese Honduras HND/91 02/21/2018 04/22/2018 Matured cheese Hong Kong, China HKG/50 02/08/2018 04/09/2018 Water Closets (HS 3922 9000) Indonesia IDN/43/Add.3 01/31/2018 Not given Steel wire (HS 7312.10, 7217, 7228, 7229) Indonesia IDN/118 01/31/2018 04/01/2018 Bead Wire (HS 7217.30.11; 7217.30.21; 7217.30.34; 7217.90.90, 7229.90.20) Israel ISR/999 02/16/2018 04/17/2018 Metal wedge gate valve (HS 8481) Israel ISR/1000 02/16/2018 04/17/2018 Water meters (HS 9026, 902820) Israel ISR/1001 02/16/2018 04/17/2018 Water meters (HS 9026, 902820) Israel ISR/1002 02/16/2018 04/17/2018 Domestic electrical cooking appliances (HS 8516) Israel ISR/720/Rev.1 02/20/2018 Not given Medical electrical equipment (HS 9018) Israel ISR/721/Rev.1 02/20/2018 Not given Medical electrical equipment (HS 9018) Israel ISR/869/Add.1 02/19/2018 Not given Protective clothing (HS 61, 62, 63) Israel ISR/930/Rev.1 02/19/2018 Not given Mattresses and bumpers for infants (HS 9404) Israel ISR/1003 02/19/2018 04/20/2018 Protective clothing (HS 61, 62, 63) Israel ISR/1004 02/19/2018 04/20/2018 Protective gloves (HS 6116, 6216, 392620, 401519, 420329) Israel ISR/1005 02/20/2018 04/21/2018 Personal eye protection (HS 900490) Japan JPN/586 02/22/2018 03/22/2018 Pharmaceutical products (HS 30) Kenya KEN/629 01/31/2018 03/12/2018 Warehousing and storage Kenya KEN/630 01/31/2018 03/10/2018 Slaughter house Kenya KEN/631 01/31/2018 03/17/2018 Cashew Kernels Kenya KEN/632 01/31/2018 03/17/2018 Roasted Cashew Kernels Kenya KEN/633 01/31/2018 03/17/2018 Roasted Macadamia Kenya KEN/634 02/01/2018 03/10/2018 Virgin coconut oil Kenya KEN/635 02/14/2018 03/22/2018 Fermented (cultured) milks Kenya KEN/636 02/14/2018 03/22/2018 Cheese Baker McKenzie International Trade Compliance Update | March 2018 102 Country Notification Date Issued Final Date for Comments Merchandise Covered Kenya KEN/638 02/14/2018 03/22/2018 Dairy creams and prepared creams Kenya KEN/639 02/14/2018 03/22/2018 Ice cream and ice confectionery Kenya KEN/640 02/14/2018 03/22/2018 Mozzarella cheese Kenya KEN/641 02/16/2018 03/22/2018 Milk and processed milk products Kenya KEN/642 02/16/2018 03/22/2018 Cheese Korea, Republic of KOR/752 02/22/2018 04/23/2018 Consumer Products Liberia LBR/1 02/14/2018 04/15/2018 Coffee and cocoa (HS 0901-21.0065; 18010000) Lithuania LTU/6/Rev.1 02/06/2018 Not given Construction products Lithuania LTU/6/Rev.1/Cor r.1 02/08/2018 Not given Construction products Lithuania LTU/31 02/08/2018 04/09/2018 Construction products Mexico MEX/358/Add.1 02/01/2018 Not given Digital interfaces Mexico MEX/390 02/06/2018 03/02/2018 Yoghurt (HS 04031001) Mexico MEX/391 02/06/2018 04/02/2018 Milk powder or dried milk Mexico MEX/392 02/08/2018 03/1/2018 Products relating to the practice of anesthesiology Mexico MEX/235/Add.4 02/08/2018 Not given Habanero chilies (HS 0709.60) Mexico MEX/365/Add.1 02/08/2018 Not given Anti-pollution equipment (98.06.00.02) Mexico MEX/367/Add.1 02/09/2018 Not given Equipment and material required for the design, construction, pre-start up, operation, maintenance, closure and dismantling of service stations selling liquefied petroleum gas to the public. Requirements relating to industrial safety, operational safety, and environmental protection (HS 940180) Mexico MEX/393 02/08/2018 04/1/2018 Products relating to the functioning of clinical laboratories Mexico MEX/394 02/13/2018 04/14/2018 Subsonic jet, propeller and supersonic airplanes and helicopters (National tariff heading 880240) Mexico MEX/235/Add.5 02/26/2018 Not given Habanero chilies (HS 0709.60) Mexico MEX/279/Add.3 02/21/2018 Not given Vehicles other than railway or tramway rollingstock, and parts and accessories thereof (HS 87) Mexico MEX/321/Add.1 02/21/2018 Not given Natural gas, ethane, biogas and coal-associated gas (heading 2711) Mexico MEX/358/Add.2 02/21/2018 Not given Digital interfaces Mexico MEX/365/Add.2 02/21/2018 Not given Anti-pollution equipment (98.06.00.02) Mexico MEX/395 02/21/2018 04/22/2018 Cheese Moldova MDA/35 02/23/2018 04/24/2018 Electromagnetic equipment Moldova MDA/36 02/23/2018 04/24/2018 Pressure equipment Moldova MDA/37 02/23/2018 04/24/2018 Cableway installations Moldova MDA/38 02/23/2018 04/24/2018 Toys Moldova MDA/39 02/23/2018 04/24/2018 Market surveillance activities, general safety/security of all products Moldova MDA/40 02/23/2018 04/24/2018 Conformity assessment and accreditation activity Baker McKenzie International Trade Compliance Update | March 2018 103 Country Notification Date Issued Final Date for Comments Merchandise Covered Moldova MDA/41 02/23/2018 04/24/2018 Technical regulation activity Moldova MDA/42 02/23/2018 04/24/2018 Metrology activities Moldova MDA/43 02/23/2018 04/24/2018 Standardization activities Moldova MDA/44 02/23/2018 04/24/2018 Market surveillance activities Moldova MDA/45 02/23/2018 04/24/2018 Measuring instruments Moldova MDA/46 02/23/2018 04/24/2018 Non-automatic weighing devices Moldova MDA/47 02/23/2018 04/24/2018 All defective products Moldova MDA/48 02/23/2018 04/24/2018 Simple pressure vessels Moldova MDA/49 02/23/2018 04/24/2018 Legal units of measurement Moldova MDA/50 02/23/2018 04/24/2018 Measuring instruments and methods of metrological control Mozambique MOZ/13 02/06/2018 04/07/2018 Dangerous goods Nicaragua NIC/157 02/21/2018 04/22/2018 Matured cheese Oman OMN/343 02/01/2018 04/02/2018 Safety requirements for electric vehicles Panama PAN/95 02/01/2018 03/22/2018 Drinking Water Panama PAN/96 02/21/2018 04/22/2018 Matured cheese Peru PER/100 02/19/2018 05/17/2018 Cosmetic products in HS Chapters 33 and 34 Philippines PHL/196/Rev.1 02/06/2018 Not given Household and Similar Electrical Appliances whether locally manufactured/assembled or imported Philippines PHL/202 02/06/2018 Not given Lamps and related equipment Saudi Arabia SAU/1039 02/14/2018 04/15/2018 Products accepted in the Small-Scale Solar PV Systems Regulations. Saudi Arabia SAU/1040 02/21/2018 04/22/2018 Products accepted in the Small-Scale Solar PV Systems Regulations. 854140000000; 854140000001; 854140000002; 854140000003; 854140009999; 854150000000; 854190000000 South Africa ZAF/224/Add.1 02/12/2018 Not given Fish and crustaceans, molluscs and other aquatic invertebrates (HS 03) Spain ESP/37 02/06/2018 04/07/2018 Live animals (HS code 01.06) Taiwan Economy TPKM/315 02/01/2018 04/02/2018 Active pharmaceutical ingredients (APIs) Taiwan Economy TPKM/303/Add. 1 02/06/2018 Not given Ready mixed paint (synthetic resin type), enamel, solvent-base masonry paint and emulsion paint Taiwan Economy TPKM/301/Add. 1 02/08/2018 Not given Lighters Taiwan Economy TPKM/285/Rev. 1 02/16/2018 Not given Imported Foods and Related Products Taiwan Economy TPKM/316 02/21/2018 04/22/2018 Toxic chemical substances (Please refer to attachment) Taiwan Economy TPKM/304/Add. 1 02/23/2018 Not given Fire-retardant paints for buildings Taiwan Economy TPKM/307/Add. 1 02/23/2018 Not given Voltage reducing devices for AC arc welding equipment (HS Chapters 85) Tanzania TZA/128 02/05/2018 04/06/2018 Chicken meat Baker McKenzie International Trade Compliance Update | March 2018 104 Country Notification Date Issued Final Date for Comments Merchandise Covered Tanzania TZA/129 02/05/2018 04/06/2018 Corned beef Tanzania TZA/130 02/05/2018 04/06/2018 Dressed poultry Tanzania TZA/131 02/05/2018 04/06/2018 Dried meat Tanzania TZA/132 02/05/2018 04/06/2018 Hatching eggs Tanzania TZA/133 02/05/2018 04/06/2018 Pork carcasses and cuts Tanzania TZA/134 02/05/2018 04/06/2018 Sausages Tanzania TZA/135 02/05/2018 04/06/2018 Table eggs Uganda UGA/808 02/05/2018 04/06/2018 Baking powder (HS 210230) Uganda UGA/809 02/05/2018 04/06/2018 Saccharin (food grade) (HS 292511) Uganda UGA/810 02/05/2018 04/06/2018 Aspartame Uganda UGA/811 02/22/2018 04/23/2018 Beeswax, Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured (HS 1521) United Arab Emirates ARE/402 02/16/2018 04/17/2018 All product(s) being evaluated and approved for the UAE Product Certification Scheme (ECAS) United Kingdom GBR/29 02/01/2018 05/02/2018 Cosmetics and Personal Care products United Kingdom GBR/30 02/05/2018 05/06/2018 Rinse off personal care products containing microbeads United Kingdom GBR/31 02/19/2018 04/20/2018 Motor vehicles: cars, buses, trucks and their trailers, including the labels and promotional material associated with cars United States USA/1186/Rev.1 02/05/2018 Not given Phthalates United States USA/1256/Corr. 3 02/05/2018 Not given Enhanced flight vision systems United States USA/1315/Add.1 02/05/2018 Not given Toys and child care articles containing phthalates (HS 95) United States USA/1335 02/05/2018 02/14/2018 Motor fuel United States USA/1336 02/05/2018 03/05/2018 Energy efficiency United States USA/1337 02/05/2018 03/27/2018 Air emission sources United States USA/1338 02/05/2018 02/23/2018 Handgun and firearm safety (HS 9302, 9303, 9304, 9305) United States USA/827/Rev.2/ Add.3 02/12/2018 Not given Formaldehyde emissions, composite wood products United States USA/1172/Add.2 02/12/2018 Not given Natural gas United States USA/1273/Add.2 02/12/2018 Not given Fireworks (HS 3604) United States USA/1339 02/12/2018 02/23/2018 Oxazolidine, 3,3'-methylenebis[5-methyl United States USA/1237/Add.1 02/16/2018 Not given Treated railroad ties United States USA/1324/Add.1 02/19/2018 Not given Aircraft Baker McKenzie International Trade Compliance Update | March 2018 105 CBSA Advance Rulings No new advance rulings were posted by the Canada Border Services Agency (CBSA) during the past month. In September of 2014, the CBSA enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site, so please check next month. It is important to note that rulings are binding only between the CBSA and the applicant. While posted rulings are for reference purposes only, they provide meaningful guidance and help other importers in complying with Canada's trade legislation. Click on the “Merchandise” listing to see full text of the posted ruling. CBP Rulings: Downloads and Searches As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 190,000 such rulings are in the database. CBP Rulings: Revocations or Modifications The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise. Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) Proposed Revocations/modifications (P) 02-21-18 Tariff classification of radio remote controllers for video game consoles. NY L83006 (R) NY M86614 (M) NY N118298 (R) NY N143476 (R) 9405.10.0000 HQ H235178 8526.92.10 [GRI 1,6; Chap. 95 N. 1(m), 3; (C) 03-23-18 Tariff classification of trampoline safety enclosure NY R03134 (R) 9506.99.6080 HQ H292029 9506.91.0030 [GRI 1, 6; Chap. 95 LN 3; EN95.06] Tariff classification of JumpSmart Trampoline. NY N012532 (R) 9503.00.0080 HQ H212596 9506.91.0030 [GRI 1, 6; EN 95.03; 9506] Revocations/Modifications (A) 02-21-18 Tariff classification of a handbag and tote bag with a coin purse, spectacle case, and identification card case NY N024929 (R) 4202.22(bag) 4202.92(tote) 4202.32 HQ H263986 A set 4202.22.8100 or 4202.92.3131 [GRI 1, 6 and 3(b); ENs] (E) 04-23-18 Tariff classification of Aliskiren Hemifumarate NY N180809 (R) NY N043304 (M) 2924.29.62 HQ H202562 Eligible for duty free treatment under General Note 13, HTSUS; EN 29.24 Tariff classification of wooden furniture (chest) NY N104737 (M) 9403.50.90 [all 3 pieces] HQ H245888 9403.50.90 [2 pieces] 9403.60.80 [GRI 1, 6; Chap 94, N.2; AUSRI Baker McKenzie International Trade Compliance Update | March 2018 106 Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) 1(a); EN 94.03] Chest European Classification Regulations The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update. Commission Implementing Regulation Description of the goods Classification (CN code) Reasons (EU) 2018/220 of 09-02-18 A mechanical appliance (so-called ‘manual spreader’) consisting of a steel structure, a plastic tank with a canvas lining of a volume of approximately 60 litres, a rotation spreader at the bottom, and two pneumatic tyres. It is designed for distribution (spreading/ dispersing through rotation) of fertilisers, sand, seeds, salt etc. The distribution volume can be adjusted by the grip. It is suitable for regular maintenance of large areas. See image, which is purely for information. 8424 89 70 Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 84, and by the wording of CN codes 8424 , 8424 89 and 8424 89 70 . The appliance answers to the description under heading 8424 (dispersing of sand and salt) and to the description under heading 8432 (fertiliser distributor and a seeder). It cannot be classified by virtue of Note 3 to Section XVI as it does not perform one principal function. In accordance with Note 2 to Chapter 84, an appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or other of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group (heading 8424 in this case). The appliance can be used both as an agricultural or horticultural appliance of subheading 8424 82 and as other appliances of subheading 8424 89 . Given its characteristics, neither of those functions is considered to be the principal function of the appliance within the meaning of Note 3 to Section XVI and neither of the two subheadings is considered to provide a more specific description. Consequently, the appliance is to be classified under the subheading that occurs last in numerical order. The appliance is therefore to be classified under CN code 8424 89 70 as other mechanical appliances for projecting, dispersing or spraying liquids or powders. (EU) 2018/267 of 19-02-18 1. A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of: — lavender oil, — peppermint oil, — citronellal, — sodium benzoate, 3302 90 90 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 33 and by the wording of CN codes 3302 , 3302 90 and 3302 90 90 . Classification under heading 3901 is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the Baker McKenzie International Trade Compliance Update | March 2018 107 Commission Implementing Regulation Description of the goods Classification (CN code) Reasons — a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)). The product is used as raw material for the incorporation of the essential oils during the plastic transformation process. The purpose is to prevent certain animals biting and damaging finished plastic products. essential oils. The essential oils are the main component and give the product its essential character (i.e. having repelling properties against rodents, termites and other animals). The product is therefore to be classified under CN code 3302 90 90 as other mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used as raw materials in industry. 2. A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of: — permethrin (ISO), — thymol oil, — eugenol oil, — citral oil, — denatonium benzoate, — benzoic acid derivatives, — lidocaine (INN), — a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)). The product is used as raw material for the incorporation of the insecticide during the plastic transformation process. The purpose is to prevent termites biting and damaging finished plastic products. 3808 91 10 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3808, 3808 91 and 3808 91 10. Classification under heading 3901 is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the insecticide. Classification under heading 3302 is excluded because there are only traces of essential oils (thymol, eugenol and citral) in the product. Therefore they are not contributing significantly to the essential character of the product. The insecticide (permethrin (ISO)) is the main component and gives the product its essential character (i.e. to act against termites). The product is therefore to be classified under CN code 3808 91 10 as insecticides based on pyrethroids. Amendments to the CN Explanatory Notes The table below shows amendments to the explanatory notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Update. Official Journal Page and CN code Description of Articles 2018/C 51/04 p.339; 8525.80 In the Explanatory notes to subheadings 8525 80 91, ‘Video camera recorders’ and 8525 80 99, a new paragraph is added after the existing text. 2018/C 55/04 p. 69; 1212.99 in the Explanatory note to CN subheading ‘1212 99 95 Other’, a new point is added at the end of the first paragraph Baker McKenzie International Trade Compliance Update | March 2018 108 Section 337 Actions In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C. §1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the importation of articles, importation and sale in the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337. Inv. № Commodity Action 337–TA–1003 Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order; Termination of the Investigation 337–TA–1028 Certain Mobile Device Holders and Components Thereof Commission’s Determination to Affirm a Domestic Industry Finding Under Modified Reasoning; Issuance of a General Exclusion Order; Issuance of Sixteen Cease and Desist Orders; Termination of the Investigation 337–TA–1031 Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same Notice of Request for Statements on the Public Interest 337–TA–1032 Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use with Same Commission’s Final Determination Finding No Violation of Section 337; Termination of the Investigation 337–TA–1036 Certain Magnetic Tape Cartridges and Components Thereof Notice of Request for Statements on the Public Interest 337–TA–1069 Certain Pool Spa Enclosures Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; Termination of the Investigation 337–TA–1079 Certain Shaving Cartridges, Components Thereof and Products Containing Same Commission Determination Not to Review an Initial Determination Terminating Investigation Based on a Settlement Agreement; Termination of the Investigation 337–TA–1099 Certain Graphics Processors and Products Containing the Same Institution of Investigation based on a complaint filed on behalf of ZiiLabs Inc., Ltd. alleging patent infringement 337–TA–1100 Certain Microfluidic Systems and Components Thereof and Products Containing Same Institution of Investigation based on a complaint filed on behalf of 10X Genomics, Inc. 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 3292 Certain Fuel Pump Assemblies Having Vapor Separators and Components Thereof Carter Fuel Systems, LLC DN 3293 Certain Light Engines and Components Thereof Lumencor, Inc. DN 3294 Certain Digital Video Receivers and Related Hardware and Software Components Rovi Corporation; Rovi Guides, Inc., Rovi Technologies Corporation; and Veveo, Inc. DN 3295 Certain Multi-Domain Test and Measurement Instruments Tektronix,, Inc. DN 3296 Certain Jump Rope Systems Products Jump Rope Systems, LLC DN 3297 Certain Clidinium Bromide and Products Containing Same Valeant Pharmaceuticals North America LLC and Valeant Pharmaceuticals International, Inc. Baker McKenzie International Trade Compliance Update | March 2018 109 Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.) Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value. United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action C–570–059 C–533–874 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From China and India CVD Orders A–580–894 Certain Tapered Roller Bearings From S. Korea Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures A–570–067 A–475–839 A–583–863 Forged Steel Fittings From China, Italy, and Taiwan Postponement of Preliminary Determinations in the LTFV Investigations A–583–861 Low Melt Polyester Staple Fiber From Taiwan Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures A–580–895 Low Melt Polyester Staple Fiber from S. Korea Preliminary Affirmative Determination of Sales at LTFV, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures C–570–923 Raw Flexible Magnets From China: Rescission of CVD Administrative Review; 2016 A–570–898 Chlorinated Isocyanurates From China Final Results of ADD Administrative Review; 2015-2016 A–122–853 Citric Acid and Certain Citrate Salts From Canada Preliminary Results of ADD Administrative Review; 2016-2017 A–822–806 A–821–824 A–520–808 Carbon and Alloy Steel Wire Rod From Belarus, the Russian Federation, and the United Arab Emirates Notice of Correction to ADD Orders A–201–830 Carbon and Certain Alloy Steel Wire Rod From Mexico Initiation of Anti-Circumvention Inquiry of ADD Order A–533–502 A–549–502 A–489–501 C–489–502 A–351–809 A–201–805 A–580–809 A–583–814 A–583–008 Certain Welded Carbon Steel Pipes and Tubes From India, Thailand, and Turkey; Certain Circular Welded Non-Alloy Steel Pipe from Brazil, Mexico, the Republic of Korea, and Taiwan, and Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan Continuation of ADD Orders and CVD Order C–570–072 Sodium Gluconate, Gluconic Acid and Derivative Products From China Postponement of Preliminary Determination in the CVD Investigation A–570–967 Aluminum Extrusions From China Preliminary Results of ADD Administrative Review and Rescission of Review in Part; 2016-2017 A–570–836 Glycine From China Final Results of the Changed Circumstances Review C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India Final Results of CVD Administrative Review; 2015 Baker McKenzie International Trade Compliance Update | March 2018 110 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–570–864 A–823–805 Silicomanganese From China and Ukraine Final Results of Expedited Fourth Sunset Reviews of the ADD Orders A–557–816 Certain Steel Nails From Malaysia Final Results of ADD Administrative Review; 2014-2016 A–520–804 Certain Steel Nails From the United Arab Emirates Rescission of 2016-2017 ADD Administrative Review A–489–815 Light-Walled Rectangular Pipe and Tube From Turkey Preliminary Results and Partial Rescission of ADD Administrative Review; 2016-2017 A–583–854 Certain Steel Nails From Taiwan Final Results of ADD Administrative Review and Partial Rescission of Administrative Review; 2015-2016 A–533–824 Polyethylene Terephthalate Film, Sheet, and Strip From India Final Results of ADD Administrative Review; 2015-2016 A–489–805 Certain Pasta From Turkey Final Results and Rescission of ADD Administrative Review; 2015- 2016 C–489–817 Oil Country Tubular Goods From Turkey Final Results of CVD Administrative Review A–570–890 Wooden Bedroom Furniture From China Final Results of ADD Administrative Review and Final Determination of No Shipments in Part; 2016 A–570–985 Xanthan Gum From China Final Results of the ADD Administrative Review and Final Determination of No Shipments; 2015-2016 A–201–837 Certain Magnesia Carbon Bricks From Mexico Rescission of ADD Administrative Review; 2016–2017 A–533–810 Stainless Steel Bar From India Final Determination of No Shipments; ADD Administrative Review; 2016-2017 C–351–846 Hot-Rolled Steel Products From Brazil Rescission of 2016 CVD Administrative Review A–570–920 Lightweight Thermal Paper From China Final Results of ADD Administrative Review; 2015-2016 C–533–882 C–570–078 C–580–898 C–489–834 Large Diameter Welded Pipe From India, China, S. Korea, and Turkey Initiation of CVD Investigations A–570–062 Cast Iron Soil Pipe Fittings From China Preliminary Affirmative Determination of Sales at LTFV, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination and Extension of Provisional Measures A–122–863 A–484–803 A–533–881 A–570–077 A–580–897 A–489–833 Large Diameter Welded Pipe From Canada, Greece, India, China, S. Korea, and Turkey Initiation of LTFV Investigations A–201–805 Certain Circular Welded Non-Alloy Steel Pipe From Mexico Notice of Court Decision Not in Harmony with Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision A–412–824 Certain Cold-Rolled Steel Flat Products from the United Kingdom Rescission of ADD Administrative Review; 2016-2017 A–351–852 A–560–832 A–580–896 A–535–905 A–583–862 Polyethylene Terephthalate Resin from Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan Postponement of Preliminary Determinations of ADD Investigations C–570–080 Cast Iron Soil Pipe From China Initiation of CVD Investigation A–570–905 Certain Polyester Staple Fiber From China Final Results of Expedited Sunset Review of the ADD Order A–570–079 Cast Iron Soil Pipe From China Initiation of LTFV Investigation C–549–836 C–570–070 Rubber Bands From Thailand, China, and Sri Lanka Initiation of CVD Investigations Baker McKenzie International Trade Compliance Update | March 2018 111 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action C–542–803 A–351–825 A–351–847 Stainless Steel Bar From Brazil; and Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil Correction to the Opportunity to Request Administrative Review Notice A–533–879 A–570–066 Polytetrafluoroethylene Resin From India and China Postponement of Preliminary Determinations in the LTFV Investigations A–570–069 A–542–802 A–549–835 Rubber Bands From Thailand, China, and Sri Lanka Initiation of LTFV Investigations A–428–820 Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe from Germany Continuation of ADD Order United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1103 Certain Activated Carbon From China (Second Review) Institution of a Five-Year Review 701–TA–597 731–TA–1407 Cast Iron Soil Pipe From China (Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–747 Fresh Tomatoes From Mexico (Fourth Review) Institution of a Five-Year Review 731–TA–921 Folding Gift Boxes From China (Third Review) Institution of a Five-Year Review 701–TA–581 731–TA–1374-1376 Citric acid and Certain Citrate Salts from Belgium, Colombia, and Thailand (Final) Scheduling of the Final Phase of CVD and ADD Investigations 701–TA–598–600 731–TA–1408–1410 Rubber Bands From China, Sri Lanka, and Thailand (Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–1353, 1356 Carbon and Certain Alloy Steel Wire Rod From South Africa and Ukraine (Final) Supplemental Schedule for the Subject Investigations 701–TA–585-586 731–TA–1383-1384 Stainless Steel Flanges From China and India (Final) Scheduling of the final phase of CVD and ADD investigations 701–TA–442 731–TA–1095–1096 Lined Paper School Supplies From China and India (Second Review) Determinations that revocation of the CVD order from India and the ADD orders would be likely to lead to continuation or recurrence of material injury to an industry in the US within a reasonably foreseeable time. 701–TA–592 731–TA–1400 Plastic Decorative Ribbon From China (Preliminary) Determinations that there is a reasonable indication that an industry in the US is materially injured by reason of imports that are alleged to be sold in the US at LTFV and to be subsidized by the government of China 701–TA–578 731–TA–1368 100- to 150-Seat Large Civil Aircraft From Canada (Final) Determinations that an industry in the US is not materially injured or threatened with material injury, and the establishment of an industry in the US is not materially retarded, by reason of imports that have been found by Commerce to be sold in the US at LTFV and to be subsidized by the government of Canada 731–TA–709 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Germany (Fourth Review) Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material injury to an industry in the US within a reasonably foreseeable time. 701–TA–582 731–TA–1377 Ripe Olives From Spain (Final) Scheduling of the Final Phase of CVD and ADD Investigations 701–TA–481 731–TA–1190 Crystalline Silicon Photovoltaic Cells and Modules From China (Review) Notice of Commission determinations to conduct full five-year reviews Baker McKenzie International Trade Compliance Update | March 2018 112 United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1378-1379 Low Melt Polyester Staple Fiber From Korea and Taiwan (Final) Scheduling of the Final Phase of ADD Investigations 731–TA–344 Tapered Roller Bearings From China (Fourth Review) Scheduling of a Full Five-Year Review 731–TA–891 Foundry Coke From China (Third Review) Cancellation of hearing for full five-year review 731–TA–1380 Tapered Roller Bearings From Korea (Final) Scheduling of the final phase of an ADD investigation Canadian International Trade Tribunal (CITT) Ref. Number Merchandise/Country Action NQ-2017-004 Copper pipe fittings originating in or exported from Vietnam Notice of Commencement of Inquiry NQ-2017-002 Certain carbon and alloy steel line pipe originating in or exported from S. Korea Finding that the dumping has caused injury to the domestic industry. Certain welded line pipe is excludes from its finding. RR-2017-001 Dumping and Subsidizing of Stainless Steel Sinks Originating in or Exported From China Order and reasons issued. Determination that, if the finding is rescinded, the likely resumption or continuation of the dumping and subsidizing of the subject goods will likely cause material injury to the domestic industry; finding continued RR-2017-002 Liquid Dielectric Transformators Public hearing 03-19-18 PI-2017-004 Dry Wheat Pasta Originating In or Exported From Turkey Preliminary Determination that there is evidence that discloses a reasonable indication that the dumping and subsidizing of the subject oods have caused or are threatening to cause injury to the domestic industry. NQ-2017-004 Copper pipe fittings originating in or exported from Vietnam Public hearing 04-23-18 Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country Action CPF2 2017 IN Certain copper pipe fittings originating in or exported from Vietnam Dumping and Subsidizing: Notice of Preliminary Determinations Statement of Reasons PP 2017 ER Certain steel piling pipe originating in or exported from China Dumping and Subsidizing: Expiry Review Decision Statement of Reasons GB 2018 RI Gypsum board originating in or exported from the USA, imported into Canada for use or consumption in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba, as well as the Yukon and Northwest Territories (Western Canada) Notice of Re-investigation PETR 2017 IN Certain polyethylene terephthalate resin (PET resin) exported to Canada from China, India, Oman and Pakistan Notice of Final Decisions: Provisional duties will continue to be applied on imports of dumped and subsidized subject goods until the CITT concludes its inquiry and issues its finding. However, provisional CVD on goods exported from Oman by Octal, and exported from Pakistan by Novatex and originating in or exported from Pakistan by all other exporters, will cease, and all provisional CVD paid or security posted on these goods, will be returned Baker McKenzie International Trade Compliance Update | March 2018 113 NAFTA Panels Ref. Number Merchandise/Country Action USA-CDA-2018-1904-03 (US) USA-CDA-2018-1904-03 (CA) Softwood Lumber from Canada Notice of Request for Panel Review of ITC Determinations USA-CDA-2018-1904-01 100- to 150-Seat Large Civil Aircraft from Canada Notice of Request for Panel Review of Final Affirmative CVD Determination USA-CDA-2018-1904-02 100- to 150-Seat Large Civil Aircraft from Canada Notice of Request for Panel Review of Final Determination of Sales at LTFV MEX-USA-2012-1904-01 Chicken legs and thighs originating in the USA Panel Decision confirming the Remand Report of the Investigating Authority Mexico - Ministry of Economy Ref. № Merchandise/Country Action 15/17 Short fiber polyester originating in the People's Republic of China, regardless of the country of export. Resolution by which the request of the interested party is accepted and the initiation of the AD investigation is declared European Union Ref. Number Merchandise/Country Action 2018/C 37/11 Biodiesel originating in Argentina Corrigendum to Notice of initiation of an anti-subsidy proceeding (EU) 2018/163 New and retreaded tyres for buses or lorries originating in China Making imports subject to registration (EU) 2018/186 Certain corrosion resistant steels originating in China Commission Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty 2018/C 48/06 Stainless steel wires originating in India Notice of the impending expiry of certain AD measures 09.11.2018 (EU) 2017/366 Corrigendum Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China Corrigendum to Commission Implementing Regulation imposing definitive CVD following an expiry review and terminating the partial interim review investigation (EU) 2017/1570 Corrigendum Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China Corrigendum to Commission Implementing Regulations imposing definitive CVD and ADD and repealing Implementing Decision confirming the acceptance of an undertaking offered in connection with the AD and AS proceedings for the period of application of definitive measures 2018/C 64/06 Bioethanol originating in the USA Notice of initiation of an expiry review of the anti-dumping measures (EU) 2018/260 Hand pallet trucks and their essential parts originating in China Commission Implementing Regulation terminating the investigation concerning the possible circumvention of AD measures by imports consigned from Vietnam, whether declared as originating in Vietnam or not (EU) 2018/49 Corrigendum Bicycles originating in China (extended to imports of bicycles consigned from, inter alia, Tunisia) Corrigendum to Commission Implementing Regulation amending Council Implementing Regulation (EU) No 501/2013 following a ‘new exporter’ review Turkey – Ministry of Economy Communique № Merchandise/Country Action 2018/1 3907.69.00.00.00 Safeguard investigation under the Turkey-South Korea FTA Baker McKenzie International Trade Compliance Update | March 2018 114 Turkey – Ministry of Economy Communique № Merchandise/Country Action 2018/2 Wallpapers and similar coverings Safeguard investigation Australian Anti-Dumping Commission Notice Number and Case # Merchandise/Country Action 2018/02 #443 Tomatoes, prepared or preserved originating in Italy Findings in relation to an Accelerated Review of Anti-Dumping Measures 2018/20 #405 Wind Towers originating in Vietnam Termination of Investigation 2018/24 #461 Deep Drawn Stainless Steel Sinks originating in China Initiation of a Review of AD Measures 2018/25 #443 Tomatoes, prepared or preserved originating in Italy Notice for longer period for the decision of the Parliamentary Secretary to the Minister for Jobs and Innovations 2018/26 Various Monthly Status Report - January 2018 2018/27 #EX 0054 Resealable Can End Closures originating in Malaysia, the Philippines, Singapore Findings of an Exemption Inquiry 2018/28 #EX0057 Resealable Can End Closures originating in Malaysia, the Philippines, Singapore Findings of an Exemption Inquiry 2018/29 #452 Steel Reinforcing Bar originating in Korea Extension of time to issue final report 2018/30 #409/410 Aluminium Zinc Coated Steel originating in China Extension of time granted to issue the Final Report 2018/32 #418 Steel Reinforcing Bar originating in Greece, Indonesia, Spain, Taiwan, Thailand Extension of time for Parliamentary Secretary to make decision China Ministry of Commerce (MOFCOM) Ref. Number Merchandise/Country Action MOFCOM 13, 2018 Sorghum Originating in the United States Investigation of CV Subsidy MOFCOM 12, 2018 Sorghum Originating in the United States ADD Investigation MOFCOM 2, 2018 Potato Starch Originating in the European Union Final Review of the AD Measures MOFCOM 10, 2018 Copolymerized polyacetals originating in Korea, Thailand and Malaysia Announcement of the Change of English Name of One Thai Company MOFCOM 8, 2018 Phenoxybenzaldehyde Originating in India Preliminary Determination of the Anti-dumping Investigation MOFCOM 14, 2018 Styrene Originating in Korea, Taiwan and the United States Preliminary Determination in AD Investigation MOFCOM 19, 2018 o-Chloronitroaniline Originating in India Final Determination in AD case MOFCOM 18, 2018 o-Chloronitroaniline Originating in India Final Determination in CVD case MOFCOM 23, 2018 Bisphenol A Originating in Thailand Final Determination of the AD Investigation MOFCOM 5, 2018 White-feathered Broiler Products Originating in the United States Terminating the Imposition of ADD and CVD MOFCOM 9, 2018 Methyl,Methacrylate Originating in Japan Review and Adjudication of the Dumping and Dumping Margin of Mitsubishi Rayon Co., Ltd., Japan Asahi Chemical Industry Co., Ltd. and Sumitomo Chemical Co., Ltd. Baker McKenzie International Trade Compliance Update | March 2018 115 Government of India Ministry of Finance (Department of Revenue) Notification № Merchandise/Country Action 01/2018-Cus (ADD) 1,1,1,2-Tetrafluoroethane or R-134a originating in or exported from China Withdraws abeyance of notification no. 30/2017-customs (ADD) dated 16.06.2017. 02/2018-Cus (ADD) Metronidazole, originating in, or exported from China Revokes/rescinds notification No. 40/2012-Customs (ADD) dated 30.08.2012. 03/2018-Cus (ADD) Toluene Di-Isocyanate (TDI) originating in or exported from China PR, Japan and Korea RP Imposes definitive ADD 04/2018-Cus (ADD) Ceramic Tableware and Kitchenware, excluding knives and toilet items, originating in or exported from China PR. imposes ADDœ 05/2018-Cus (ADD) Toluene Di-Isocyanate (TDI) originating in or exported from China PR, Japan and Korea RP Amends notification No.3/2018-Customs (ADD) dated the 23rd January, 2018. Argentina Ministry of Production – Secretary of Commerce Ref. Number Merchandise/Country Action Res. 76/2018 Certain three-phase liquid dielectric transformers , of power greater than 10,000 kVA but less than or equal to 600,000 kVA, originating in India Proceed to closing the investigation without the application of definitive ADD Res. 77/2018 Certain plates and tiles of fine porcelain stoneware or unpolished, polished, even semi-polished (glazed) and varnished or enameled (including lacquered and / or polished), for flooring or covering, originating in India, Malaysia, Vietnam and Brazil Closing investigation and assessing ADD with certain companies exempt. Goods will be subject to the regime of non-preferential control of origin Res. 82/2018 Certain denim fabrics originating in Brazil, China and Peru Initiation of an AD investigation Res. 88/2018 Certain suits (both or suits), sets and jackets (bags), finished or semi-finished, for men or boys, excluding knitwear and ensembles types used in medicine originating in China [export to Argentina] Close of the examination due to the expiration of the term and change of circumstances, without the application of definitive ADD Res. 103/2018 Zinc oxide - white zinc, originating in Brazil and Peru Opening of an investigation for alleged dumping; requirement of certificates or origin after 60 days Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action CAMEX Res. № 6 Biaxially oriented polyethylene terephthalate film, foil, foil, film, foil and strip of a thickness of not less than 5 micrometres and not more than 50 micrometres, metallised or not, untreated or coextruded, chemical or corona discharged, originating in the UAE, Mexico and Turkey Extends a definitive ADD for a period of up to five (5) years, applied to Brazilian imports of biaxially oriented polyethylene terephthalate film, foil, foil, film, foil and strip of a thickness of not less than 5 micrometres and not more than 50 micrometres, metallised or not, untreated or coextruded, chemical or corona discharged, originating in the United Arab Emirates, Mexico and Turkey. Baker McKenzie International Trade Compliance Update | March 2018 116 Opportunity to Request Administrative Review In a February 1, 2018 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 February anniversary dates: [Note: the case number for stainless steel bar from Brazil and the period of review for certain carbon and alloy steel cut-to-length plate from Brazil were incorrect in the original notice. They have been corrected below.] AD/CVD Proceedings - Country/ Merchandise Case No. Period Antidumping Duty Proceedings Brazil: Stainless Steel Bar A–351–825 2/1/17–1/31/18 Carbon and Alloy Steel Cut-to-Length Plate A–351–847 9/22/16–1/31/18 France: Uranium A–427–818 2/1/17–1/31/18 India: Certain Preserved Mushrooms A–533–813 2/1/17–1/31/18 Certain Cut-To-Length Carbon-Quality Steel Plate A–533–817 2/1/17–1/31/18 Frozen Warmwater Shrimp A–533–840 2/1/17–1/31/18 Stainless Steel Bar A–533–810 2/1/17–1/31/18 Indonesia: Certain Preserved Mushrooms A–560–802 2/1/17–1/31/18 Certain Cut-To-Length Carbon-Quality Steel Plate A–560–805 2/1/17–1/31/18 Italy: Stainless Steel Butt-Weld Pipe Fittings A–475–828 2/1/17–1/31/18 Japan: Carbon Steel Butt-Weld Pipe Fittings A–588–602 2/1/17–1/31/18 Stainless Steel Bar A–588–833 2/1/17–1/31/18 Malaysia: Stainless Steel Butt-Weld Pipe Fittings A–557–809 2/1/17–1/31/18 Mexico: Large Residential Washers A–201–842 2/1/17–1/31/18 Philippines: Stainless Steel Butt-Weld Pipe Fittings A–565–801 2/1/17–1/31/18 Rep of Korea: Large Residential Washers A–580–868 2/1/17–1/31/18 Certain Cut-To-Length Carbon-Quality Steel Plate A–580–836 2/1/17–1/31/18 SR of Vietnam: Frozen Warmwater Shrimp A–552–802 2/1/17–1/31/18 Steel Wire Garment Hangers A–552–812 2/1/17–1/31/18 Utility Scale Wind Towers A–552–814 2/1/17–1/31/18 South Africa: Carbon and Alloy Steel Cut-To-Length Plate A–791–822 2/1/17–1/31/18 Taiwan: Crystalline Silicon Photovoltaic Products A–583–853 2/1/17–1/31/18 Thailand: Frozen Warmwater Shrimp A–549–822 2/1/17–1/31/18 The PR of China: Certain Preserved Mushrooms A–570–851 2/1/17–1/31/18 Crystalline Silicon Photovoltaic A–570–010 2/1/17–1/31/18 Frozen Warmwater Shrimp A–570–893 2/1/17–1/31/18 Heavy Forged Hand Tools, With or Without Handles A–570–803 2/1/17–1/31/18 Large Residential Washers A–570–033 7/26/16–1/31/18 Small Diameter Graphite Electrodes A–570–929 2/1/17–1/31/18 Uncovered Innerspring Units A–570–928 2/1/17–1/31/18 Utility Scale Wind Towers A–570–981 2/1/17–1/31/18 Turkey: Carbon and Alloy Steel Cut-To-Length Plate A–489–828 9/22/16–1/31/18 Countervailing Duty Proceedings India: Prestressed Concrete Steel Wire Strand C–533–829 1/1/17–12/31/17 Certain Cut-To-Length Carbon-Quality Steel Plate C–533–818 1/1/17–12/31/17 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate C–560–806 1/1/17–12/31/17 Rep of Korea: Large Residential Washers C–580–869 1/1/17–12/31/17 Certain Cut-To-Length Carbon-Quality Steel Plate C–580–837 1/1/17–12/31/17 SR of Vietnam: Steel Wire Garment Hangers C–552–813 1/1/17–12/31/17 The PR of China: Utility Scale Wind Towers C–570–982 1/1/17–12/31/17 Crystalline Silicon Photovoltaic Products C–570–011 1/1/17–12/31/17 Suspension Agreements None Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] m This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | March 2018 117 Requested Reviews In a February 23, 2018, 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 December anniversary dates. See actual notices for companies requesting review: AD/CVD Proceedings - Country/ Merchandise Case No. Period Antidumping Duty Proceedings India: Carbazole Violet Pigment 23 A-533-838 12/1/16 - 11/30/17 Stainless Steel Wire Rod A-533-808 12/1/16 - 11/30/17 Welded Stainless Pressure Pipe A-533-867 5/10/16 - 10/31/17 Oman: Circular Welded Carbon-Quality Steel Pipe A-523-812 12/1/16 - 11/30/17 S, Korea: Welded Line Pipe A-580-876 12/1/16 - 11/30/17 Russia: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products A-821-809 12/1/16 - 11/30/17 Taiwan: Steel Wire Garment Hangers A-583-849 12/1/16 - 11/30/17 The PR of China: Cased Pencils A-570-827 12/1/16 - 11/30/17 Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules A-570-979 12/1/16 - 11/30/17 Honey A-570-863 12/1/16 - 11/30/17 Multilayered Wood Flooring A-570-970 12/1/16 - 11/30/17 Turkey: Welded Line Pipe A-489-822 12/1/16 - 11/30/17 United Arab Emirates: Circular Welded Carbon-Quality Steel Pipe A-520-807 6/8/16 - 11/30/17 Countervailing Duty Proceedings Canada: Supercalendered Paper C-122-854 1/1/16 - 12/31/16 India: Carbazole Violet Pigment 23 C-533-839 1/1/16 - 12/31/16 Welded Stainless Pressure Pipe C-533-868 3/11/16 - 12/31/16 The PR of China: Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules C-570-980 1/1/16 - 12/31/16 Multilayerd Wood Flooring C-570-971 1/1/16 - 12/31/16 Turkey: Steel Concrete Reinforcing Bar C-489-819 1/1/16 - 12/31/16 Welded Line Pipe C-489-823 1/1/16 - 12/31/16 Suspension Agreements Mexico: Sugar A-201-845 12/1/16 - 11/30/17 Sugar C-201-846 1/1/17 - 12/30/17 Initiation of Sunset Reviews In a February 1, 2018, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below. AD/CVD DOC Case No. ITC Case No. Country Merchandise A–570–904 731–TA–1103 China Activated Carbon (2nd Review) A–570–866 731–TA–921 China Folding Gift Boxes (3rd Review) A–201–820 731–TA–747 Mexico Fresh Tomatoes (4th Review) (Suspension Agreement) Advance Notification of Sunset Reviews In a February 1, 2018, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year (“Sunset”) reviews for March 2018. Baker McKenzie International Trade Compliance Update | March 2018 118 AD/CVD Proceedings - Merchandise/Country Case No. Drawn Stainless Steel Sinks from China A–570–983 (1st Review) Drawn Stainless Steel Sinks from China C–570–984 (1st Review) No Sunset Review of suspended investigations is scheduled for initiation in March 2018. Baker McKenzie International Trade Compliance Update | March 2018 119 Mattias Hedwall Global Chair International Commercial & Trade International Commercial & Trade Leadership Team Regional Chairs / Steering Committee Kana Itabashi Tokyo Asia Pacific Ulf Wauschkuhn Munich EMEA Manuel Padron Juarez Latin America Michael Santa Maria Dallas North America IC&T Focus Groups Agency & Distribution / Franchising Product Liability / Anticorruption / Compliance Liaison Customs & Trade Agreements Will Woods Dallas Ulrich Ellinghaus Frankfurt Fred Burke Ho Chi Minh City Terrie Gleason San Francisco Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets Peerapan Tungsuwan Bangkok Nick Coward & Janet Kim Washington DC Miguel Noyola Chicago/Washington DC ©2018 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. 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