International Trade Compliance Update
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter | September 2017
In This Issue:
United Nations 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
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
Please see our Webinars, Meetings, Seminars section for the full schedule of remaining webinars in this series, 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, including our upcoming:
ANNUAL ANTI-BRIBERY, TRADE AND CUSTOMS CONFERENCE IN LONDON, 26-28 SEPTEMBER 2017,
ANNUAL INTERNATIONAL TRADE AND COMPLIANCE CONFERENCE IN AMSTERDAM, 21 AND 22 SEPTEMBER 2017, AND OUR
ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, 14 AND 15 NOVEMBER 2017.
In addition, there are links to video recordings of past webinars.
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 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.
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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.
United Nations
Baker & McKenzie
UNSC adopts additional restrictive measures against North Korea
On 5 August 2017, the United Nations Security Council adopted Resolution 2371/2017 concerning the Democratic People's Republic of Korea (the "DPRK"). In summary, the measures:
prohibit the export of coal, iron ore, lead, lead ore and seafood from the DPRK;
restrict any increase of the number of work authorisations for DPRK citizens in Member States without approval from the United Nations Security Council Committee;
prevent the opening of new joint ventures or expansion of existing joint ventures with DPRK entities and individuals;
approves the addition of 13 entries to its list of individuals and entities subject to an asset freeze and travel ban; and
requests that the International Criminal Police Organisation ("INTERPOL") issue special notices in respect of designated individuals.
The measures are in response to the DPRK's recent ballistic missile launches. As set out in the UK's Office of Financial Sanctions Implementation's notice dated 8 August 2017 (see here), the new listings of DPRK individuals and entities have been added to the UK's consolidated list of financial sanctions targets. Unless the EU implements corresponding sanctions under EU Regulation 329/2007 by 5 September 2017, the asset freeze will cease to apply from 11:59 p.m. on this date until the date of such EU listing.
For further information, please see the UN's press release. For information on recent US measures targeting the DPRK, see our recent blog post on the US "Countering America's Adversaries Through Sanctions Act" ("CAATSA").
If you have any questions, please contact any member of the International Commercial and Trade group with whom you normally work. The above material was authored by Ross Denton of our London office.
World Trade Organization (WTO)
Recent disputes
The following disputes have been recently brought to the WTO. Click on the case ("DS") number below to go to the WTO website page for details on that dispute.
DS. No.
Case Name
DS 526 DS 527 DS 528
United Arab Emirates - Measures Relating to Trade in Goods and Services, and Trade-Related Aspects of Intellectual Property Rights (Complainant: Qatar) Request for consultations by Qatar
Bahrain - Measures Relating to Trade in Goods and Services, and Trade-Related Aspects of Intellectual Property Rights (Complainant: Qatar) - Request for Consultations by Qatar
Saudi Arabia - Measures Relating to Trade in Goods and Services, and Trade-Related Aspects of Intellectual Property Rights (Complainant: Qatar) - Request for consultations by Qatar
Date 04-08-17
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DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB) or parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on "DS" number to go to summaries of the case, click on "Activity" to go to the latest news or documents):
DS No.
Case Name
DS 472 DS 497
DS 486
Brazil -- Certain Measures Concerning Taxation and Charges (Complainants: EU and Japan)
European Union Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan (Complainant: Pakistan)
Activity
Panel reports issued
EU files appeal against panel report
Date 30-08-17 31-08-17
TBT Notifications
Member countries of the WTO are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of "notifications" to all Member countries. See separate section on WTO TBT Notifications for a table which summarizes notifications posted by the WTO during the past month.
World Customs Organization (WCO)
CBP publishes agenda for the 60th HSC Session
On August 23, 2017, the dates and draft agenda for the sixtieth session of the Harmonized System Committee of the World Customs Organization were published in the U.S. Customs and Border Protection (CBP) Customs Bulletin and Decisions.
In accordance with section 1210 of the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100418), the Department of Homeland Security, represented by CBP, the Department of Commerce, represented by the Census Bureau, and the U.S. International Trade Commission (ITC), jointly represent the U.S. The CBP representative serves as the head of the delegation at the sessions of the HSC.
Set forth in the Customs Bulletin and Decisions is the draft agenda for the next session of the HSC, which will be the sixtieth and it will be held in Brussels from September 27, 2017 to October 6, 2017. Copies of available agenda-item documents may be obtained from either Joan A. Jackson, Paralegal Specialist, Tariff Classification and Marking Branch, U.S. Customs and Border Protection (202 3250010), or Dan Shepherdson, Attorney Advisor, Office of Tariff Affairs and Trade Agreements, U.S. International Trade Commission (2022052598). Comments on agenda items may be directed to the above-listed individuals.
Announcements and news releases [dd-mm-yy]
Date
Title
02-08-17 03-08-17 04-08-17
WCO Positively Evaluates Mercator Programme Engagement in Palestine The WCO supports Guinea Conakry to strengthen Customs capacity to clear relief goods
WCO supports Mongolia's modernization of its Customs laboratory
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Date
Title
07-08-17
09-08-17 11-08-17
16-08-17
21-08-17 22-08-17 24-08-17 25-08-17 28-08-17
Vietnam and WCO close a Capacity Building Project, Laying the Groundwork for TFA Implementation
A Joint WCO-UNCTAD Mission Reviews Progress of LRA Performance Management Pilot
WCO supports African Union moving forward on interconnectivity of Customs IT Systems WCO supports Zimbabwe to strengthen its Post-Clearance Audit (PCA) capacities
WCO holds Policy Dialogue with JICA and delivers a special lecture to WCO Scholarship Programme participants
WCO supports Sudan to strengthen its Time Release Study (TRS) capacities Bangladesh Customs steps up its efforts on Air Cargo control WCO renews support to fight illegal wildlife trade on World Elephant Day
Successful conclusion of joint WCO operation to combat counterfeiting and piracy in the Asia/Pacific region Tanzania Revenue Authority Progresses towards self-sustainability in HS Training Mexico and Japan sign mutual administrative assistance agreement Developing Leadership and Management Capabilities of Palestine Customs
WCO initiates support to Cameroon to fight illegal wildlife trade Mali Customs Administration successfully adopts competency-based HRM tools
Enhancing Human Resources Management Capacity of Sudan Customs WCO Mercator Programme Advisors accreditation workshop in Fortaleza, Brazil, 7 - 11 August 2017
Customs contributions explained at the TICAD Ministerial meeting in Mozambique Western and Central Africa Region moves ahead on Digital Customs and ECommerce
Other International Matters
CITES Notification to Parties
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties:
Date 03-08-17
10-08-17
22-08-17 24-08-17
Title
2017/055 Sixty-ninth meeting of the Standing Committee 2017/056 Request for information from Parties and relevant partners on Malagasy ebonies (Diospyros spp.) and palisanders and rosewoods (Dalbergia spp.) 2017/057 RURAL COMMUNITIES Standing Committee intersessional working group 2017/058 Request for information related to identification materials 2017/059 CITES Tree Species Programme 2017/060 New homepage layout for the CITES website
The Americas - Central America
Costa Rica
Documents published in La Gaceta
Date
Series and
25-08-17
RES-DGA-DGT013-2017
Subject
To adjust the TICA Computer System, so specific tariff item 2202.91.00.00.00, whose epigraph says: - - Alcoholfree beer, covers the Specific Tax in favor of INDER, ac-
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Date
Series and
Subject cording to Law 9036 of said Institution
NICARAGUA
Nicaraguan Classification Resolutions (Customs Rulings)
The Direccin General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to the present available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano.
PANAMA
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
10-08-17
Title
Cabinet Decree 23 (08-08-17) Amending the National Import Tariff Under Article 5 of the Protocol of Incorporation of the Republic of Panama into the Subsystem Central American Economic Integration
The Americas - North America
NAFTA negotiations
Trilateral statement on the conclusion of NAFTA Round One
The following statement was released on August 20, 2017 by the NAFTA Parties:
On August 16, 2017, United States Trade Representative Robert Lighthizer, Canadian Foreign Affairs Minister Chrystia Freeland and Mexican Secretary of the Economy Ildefonso Guajardo launched the renegotiation and modernization of the North American Free Trade Agreement (NAFTA) in Washington, DC. This began five full days of meetings by a team of subject matter experts covering more than two dozen different negotiation topics. Detailed conceptual presentations were made by the United States, Mexico and Canada across the scope of the agreement, and negotiating groups began work to advance text and agreed to provide additional text, comments or alternate proposals during the next two weeks.
The scope and volume of proposals during the first round of the negotiation reflects a commitment from all three countries to an ambitious outcome and reaffirms the importance of updating the rules governing the world's largest free trade area.
In addition to the negotiations, officials from all three countries continued to engage a wide range of stakeholders, including representatives of the private sector; industry associations; civil society, including labor groups; legislative representatives; and state/provincial officials.
Negotiators from each country will continue domestic consultations and work to advance negotiating text through the end of August, and will reconvene in Mexico for a second round of talks from September 1-5.
Negotiations will continue at this rapid pace, moving to Canada in late September and returning to the United States in October, with additional rounds being planned for the remainder of the year.
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While a great deal of effort and negotiation will be required in the coming months, Canada, Mexico and the United States are committed to an accelerated and comprehensive negotiation process that will upgrade our agreement and establish 21st century standards to the benefit of our citizens.
CANADA
Canada to conduct environmental assessment of NAFTA
On August 26, 2017, Global Affairs Canada published in the Canada Gazette a Notice of intent to conduct an environmental assessment of the modernization of the North American Free Trade Agreement. On August 16, 2017, the modernization process of the North American Free Trade Agreement (NAFTA) with the United States and Mexico was officially launched, with the first negotiating round being held in Washington, D.C., from August 16 to 20, 2017. At the same time, the Government of Canada is conducting an environmental assessment (EA) to provide information to Canadian negotiators on the potential impacts of the Agreement on the environment. All interested parties are invited to provide comments on any likely and significant environmental impacts that this Agreement and its modernization process may have on Canada.
Environmental assessments of trade negotiations are prepared pursuant to the 2010 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. Interested parties are invited to submit their comments on the environmental assessment of the modernization of NAFTA by Wednesday, October 25, 2017 via e-mail, fax or mail to the address in the notice.
Advantage, Canada: How CETA helps Canadian financial firms navigate Brexit
On September 21, 2017, the EU-Canada Comprehensive Economic and Trade Agreement (CETA) will go into provisional application. After ten years of negotiations, all 1598 pages of the CETA agreement - save for about 15 Articles and an equal number of Paragraphs spread across 30 Chapters - will go into immediate force and effect. Included in this provisional application will be Chapter 13 on Financial Services and the related Schedules. Once in effect, all the rights benefits and protections concerning the cross border trade in financial services between Canada and the EU will be governed by CETA, including any trade involving the UK. After the UK withdraws from the EU on March 29, 2019, the benefits of CETA will be lost between Canada and the UK, but the protections and advantages CETA provides Canadian firms trading financial services into the EU's single market will remain.
In 2014, Canada exported $1.45 B in financial services to the UK, and only $875 M to the EU. Starting on September 21, Canadian based firms can expand their business in the UK while focusing more on increasing their trade in financial services to the EU. Canadian firms will be able to take advantage of the certainty CETA provides while other firms, including those in the UK will continue to struggle to cope (see Brexit and Financial Services: Waiting for Agreement). Once the UK withdraws from the EU, Canadian firms can continue to sell financial services into the EU's single market much less concerned about the implications of Brexit.
CETA does not come close to providing the same benefits as those available to a financial firm established within the EU's single market. However, it does offer a greater degree of legal and regulatory certainty than any other agreement currently or likely to be in place to address the fallout from Brexit.
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The most significant advantage in CETA are those rules governing the cross border sale of financial services into the EU's single market. CETA required the EU and the Member States to state at the outset which financial services can be sold into the single market and which ones cannot. For any new financial services that a Canadian firm wishes to sell into the EU, and that falls outside the prescribed list, market access is assured provided the same financial service is already being sold within the EU or the new service on offer is approved by an EU regulator. It is not a complete negative listing approach that covers other services under CETA. But it does permit innovation and can be constantly adjusted based on developments in both markets.
CETA's second advantage is the contribution it can make in deciding on whether or not to establish a subsidiary, branch or agency in the EU post-Brexit. Under the EU's Financial Passporting regime, the cost for accessing the EU from the UK was minimal, even if it meant setting up a branch in a particular Member State to serve a particular category of clients. Once the UK leaves the EU, those firms established in the UK who have come to rely on a Passport for Branch into specific Member States will have to decide if the business case exists to formally establish a new branch, subsidiary or agency in the EU's single market.
Under normal circumstances, this business case for relocation would be equal to any firm wishing to do so, regardless of where they are originating from. Even CETA confers only a marginal advantage to this decision. But these are no longer "normal circumstances." Brexit has triggered a significant amount of attention by EU regulators on UK based firms. A series of recent opinions issued by both the European Insurance and Occupational Authority (EIOPA) and European Securities and Markets Authority (ESMA) are specifically designed address the relocation of UK firms into the EU as a result of Brexit. Their primary purpose is to prevent UK firms from relocating into the EU through "letterbox" companies or by other means that will lower the potential for regulatory scrutiny. It is possible that the enforcement of these opinions could capture Canadian firms looking to relocate. If so, these Canadian firms could call on the Market Access, National Treatment and Most Favoured Nation protections under CETA to ensure a fair assessment of their relocation applications.
An additional advantage from CETA is the ability to influence and shape the design of EU financial regulations post-Brexit. Article 13.11 sets out the requirement that all new regulations are published so those with an interest can become "acquainted with them." There is a notice and comment feature for any particular measures that may be adopted by the EU that could affect Canadian interests. Administrative decisions have to be rendered within a reasonable period of time. A Financial Services Committee is established to carry out an ongoing dialogue on the regulation of the financial services sectors in both the EU and Canada. And if the EU adopts a regulatory measure adverse to a Canadian financial firm, Canada can call upon CETA's dispute settlement chapter, including binding arbitration, to have the measure suspended.
To those accustomed to operating within the EU's single market, these protections may not sound like much. However, the ability to be informed of - and have some input into - the design of financial regulations will become increasingly important as the implications of Brexit on the EU's capital markets takes hold. EIOPA and ESMA largely came into being after the financial crisis of 2009. These and other EU regulators are looking to take on more powers and influence over the shape of the EU's post-Brexit financial landscape. Canada's seat at the EU's regulatory table, however limited, will be of increasing importance and relevance,
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as will its ability to hold the EU to account for measures that are inconsistent with the aim and purpose of CETA.
The ability to sell financial services into the EU, clear rules governing establishment and market access, a seat at the EU's regulatory table, and a unique dispute settlement mechanism are all clear advantages accruing to Canadian financial firms under CETA. Provisional application could not come at a better time.
For additional information, please contact James Small of our Toronto office or any member of our Canadian International Trade and Commercial practice with whom you normally work.
Canada opens consultation on negotiating a Free Trade Agreement with the Pacific Alliance
In the August 12, 2017 Canada Gazette, Global Affairs Canada announced that the Government is seeking the views of the Canadian public and interested Canadian stakeholders on the scope of potential negotiations regarding a possible Free Trade Agreement (FTA) with the Pacific Alliance (whose members are Chile, Colombia, Mexico, and Peru). Global Affairs says that such views will help define Canada's interests in a possible FTA, identify opportunities for such an agreement to create wealth, innovation and jobs for Canadians and determine how best to proceed in this initiative.
Canada has observer status with the Pacific Alliance. On June 29, 2017, at its Council of Ministers meeting attended by the Honourable Franois-Philippe Champagne, Minister of International Trade, the Pacific Alliance invited certain observer states (Canada, Australia, New Zealand, and Singapore) to become Associate Members. Associate Membership requires the negotiation of a comprehensive free trade agreement with the Pacific Alliance as a bloc.
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The Pacific Alliance is commercially significant for Canadian exporters and investors, as it is the tenth largest economy in the world, when considered collectively. Canada's total merchandise trade with the Pacific Alliance member countries reached $48 billion in 2016. These four countries together account for more than 75% of Canada's two-way trade with the whole Latin American region. Canada's two-way services trade with the Pacific Alliance members accounted for $4.7 billion in 2015.
Canada already has comprehensive stand-alone free trade agreements with each of the four members of the Alliance, and deepening our commercial relationship with Alliance members supports Canada's interests in further diversifying trade and strengthening links in Latin America. Negotiations on an FTA with the Pacific Alliance as a bloc offers the opportunity to build links between overlapping bilateral agreements that would otherwise operate independently (e.g. cross-cumulation), as well as modernize and expand elements of existing bilateral agreements, including improving legal certainty and transparency for Canadian businesses, as well as to seek improved market access and to consider new progressive trade elements, such as trade and gender, environmental protection and conservation, labour rights and transparency. This consultation is also intended to ensure the Government is aware of any other interests or issues of importance to Canadians regarding trade and investment with the Pacific Alliance, in the context of possible FTA negotiations.
Additional information is available at the "Consulting Canadians on a Possible CanadaPacific Alliance Free Trade Agreement" webpage.
All interested parties are invited to submit their views by September 10, 2017.
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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
08-12-17 08-19-17 08-23-17
08-26-17
Title
Canadian Food Inspection Agency (CFIA): Notice Amending the Canadian Food Inspection Agency Fees Notice pursuant to subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act (N) Environment: Order 2017-87-06-02 Amending the Non-Domestic Substances List pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (O) Global Affairs Canada: Consultations on Canada negotiating a Free Trade Agreement with the Pacific Alliance Environment/Health: Publication after screening assessment of chlorhexidine and its salts, 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) Environment: Order 2017-66-06-01 Amending the Domestic Substances List (SOR/2017-157, Aug. 2, 2017) pursuant to subsection 66(1) of the Canadian Environmental Protection Act, 1999 (O) Environment: Order 2017-87-06-01 Amending the Domestic Substances List (SOR/2017-158, Aug. 2, 2017) pursuant to subsections 87(1), (3) and (5) of the Canadian Environmental Protection Act, 1999 (O) Environment/Health: Publication of final decision after screening assessment of three distillate aromatic extract substances -- extracts (petroleum), heavy paraffinic distillate solvent, CAS RN1 1 64742-04-7; extracts (petroleum), light paraffinic distillate solvent, CAS RN 64742-05-8; and extracts (petroleum), heavy naphthenic distillate solvent, CAS RN 64742-11-6 -- 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 two substances -- asphalt, CAS RN 21 8052-42-4, and oxidized asphalt, CAS RN 64742-93-4 -- specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Global Affairs Canada: Notice of intent to conduct an environmental assessment of the modernization of the North American Free Trade Agreement (N) Health: Notice to interested parties -- Proposed regulations amending Part J of the Food and Drug Regulations to authorize access to substances subject to temporary controls under the Controlled Drugs and Substances Act (N/PR)
CBSA advance rulings
The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.
See separate section below for the advance rulings posted by the CBSA.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.)
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Date
08-17-17 08-23-17 08-30-17
Reference
D2-3-7 D2-1-1 D11-5-14
Title
Marine Operations -- Canada Border Services Agency Processing of Cruise Ships Temporary Importation of Baggage and Conveyances by Nonresidents CanadaUkraine Free Trade Agreement (CUFTA) Rules of Origin
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
MEXICO
Use of FAST access lane by AEO Companies
On July 20, 2017, the Tax Administration Service ("SAT") issued a press release by virtue of which it restated that, in accordance with article Twentieth First of the Foreign Trade General Rules for 2017 ("FTGR"), from January 1, 2018 on, the use of the FAST access lane by companies authorized under the Certified Companies Framework and the "Authorized Economic Operator" modality, will be limited to freight companies that are authorized under such Framework and have been granted the "Certified Commercial Partner" authorization, and the "Carrier" category.
It is important to consider that, pursuant to such press release and the article of the FTGR referred to therein, the FAST access lane may continue to be used until December 31, 2017, or until a resolution is issued by the customs authorities in case that freight companies file their "Certified Commercial Partner" authorization application under the "Carrier" category, provided that such application is filed before December 31, 2017 and taking into account the non-working days of the SAT for 2018.
In addition, and as a result of the benefits established in the FTGR for 2017, those freight companies that are currently members of the C-TPAT program granted by U.S. Customs and Border Protection, will be exempted from filing in their application the "Carrier Profile" for those facilities that have been validated by C-TPAT during the last three years.
Our Firm's International Commercial Group in Mexico will be pleased to help you file your application in the Certified Companies Framework under the "Certified Commercial Partner" modality and "Carrier" category.
This article was authored by Paulina Doen Castillo. For additional information, please contact any of the following: Manuel Padron (Juarez), J. Antonio Ambrosi Herrera (Mexico City), Raymundo E. Enriquez (Mexico City), Adriana Ibarra Fernndez (Ciudad de Mxico), Jonathan Adams (Mexico City), Luis Miguel de Alva (Ciudad de Mxico), Daniel Snchez Elizondo (Guadalajara), Alejandro Martnez Galindo (Guadalajara) or Armando De Lille (Monterrey).
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.)
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Publication Date
Title
08-01-17 08-10-17 08-15-17
08-30-17
Economy: Acuerdo which modifies the various means by which the quotas are disclosed for the admission of various goods into Japan.
Economy: Notice announcing and subject to consultation geographical indications that the European Union seeks to protect the territory of the United Mexican States in the framework of negotiations on the modernization of the Economic Partnership, Political Coordination and Cooperation Between The United Mexican States, on the one hand, and the European Community and its Member States, on the other
Economy: Notice that discloses the extraordinary amount to export unrefined sugar to the United States of America, during the period from October 1, 2016 to September 30, 2017.
Health: Draft Modification of numerals 2.1, 2.6, 2.7, 2.9 to 2.11, 2.13, 4.1.3, 4.1.8, 5, 5.5, 5.9, 5.12, 6.2.8, 6.3.7, 7.3.8, 8, 8.1. 1, 8.1.2, 8.1.8, 8.1.14, 8.2.2, 8.2.8, 8.3.2, 8.3.4, 8.3.7, 8.3.8, 9, 9.1.1, as well as 3 to 4, 6.2.1.3, 6.2.1.4 and 6.4, of the Normative Annex 1; 1, of the Normative Annex 2; Annex 4 and Addition of paragraphs 3.1.25 to 3.1.27 of Official Mexican Standard NOM-232SSA1-2009, Pesticides: which establishes the requirements of the packaging, packaging and labeling of technical grade products and for agricultural, forestry , livestock, gardening, urban, industrial and domestic, published on April 13, 2010.
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
08-16-17 08-17-17 08-28-17 08-29-17
Notice of August 15, 2017, Continuation of the National Emergency With Respect to Export Control Regulations
Presidential Memorandum of August 14, 2017 for the United States Trade Representative Addressing China's Laws, Policies, Practices, and Actions Related to Intellectual Property, Innovation, and Technology
Presidential Determination No. 201710 of July 21, 2017 - Continuation of U.S. Drug Interdiction Assistance to the Government of Colombia
Executive Order 13808 of August 24, 2017 - Imposing Additional Sanctions With Respect to the Situation in Venezuela
US imposes economic sanctions on Venezuela
On August 24, 2017, President Trump signed an Executive Order ("Order") imposing additional sanctions on Venezuela. The Order states that these sanctions, which primarily target the Government of Venezuela and the Venezuelan oil industry, are in response to the deepening political and humanitarian crisis in Ven-
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ezuela. The Order adds to a growing list of restrictions that apply to Venezuela, which is already subject to an arms embargo and licensing requirements on exports and reexports of specific categories of goods, software, and technology to military end-users or for military end-uses in Venezuela. The Order also follows the designation as Specially Designated Nationals of various Venezuelan government officials (including President Nicolas Maduro) pursuant to Executive Order 13692 of March 8, 2015 (see prior blog post here regarding this order).
In conjunction with this Order, the US Department of the Treasury's Office of Foreign Assets Control ("OFAC") issued four general licenses authorizing certain transactions involving Venezuela, including transactions to wind down existing contracts, which would otherwise be prohibited under the Order. Finally, OFAC published new Frequently Asked Questions regarding these restrictions and general licenses.
Prohibited Transactions
The Order prohibits "US Persons" (i.e., entities organized under US laws and their non-US branches; individuals and entities physically located in the United States; and US citizens and permanent resident aliens, wherever located or employed) from engaging in any transactions related to, providing financing for, or otherwise dealing in the following:
New debt with a maturity of greater than 90 days of Petrleos de Venezuela S.A. ("PdVSA");
New debt with a maturity of greater than 30 days (other than the debt of PdVSA, which is subject to the 90 day limit discussed above) or new equity of the Government of Venezuela (including any political subdivision, agency, or instrumentality thereof such as the Central Bank of Venezuela and PDVSA as well as any person owned or controlled by, or acting for or on behalf of, the Government of Venezuela);
Bonds issued by the Government of Venezuela prior to the effective date of the Order (August 25, 2017); and
Dividend payments or other distributions of profits to the Government of Venezuela from any entity owned or controlled, directly or indirectly, by the Government of Venezuela.
US Persons are also prohibited under the Order from purchasing, directly or indirectly, securities from the Government of Venezuela, other than securities qualifying as new debt not targeted by the above provisions of the Order because the debt has a maturity of less than or equal to 90 days (for PdVSA) or 30 days (for the Government of Venezuela).
OFAC's FAQs provide examples of what constitute "new debt" and "new equity" for purposes of the Order and clarify that the above prohibitions apply to entities that are 50% or more owned by the Government of Venezuela.
General Licenses
As noted above, OFAC issued four general licenses to authorize certain transactions that would otherwise be prohibited by the Order, as follows:
General License 1 authorizes US Persons to engage in certain transactions ordinarily incident and necessary to winding down contracts or other agreements that were in effect prior to the effective date of the Order (August 25, 2017) but that
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would now be prohibited under the Order. Such wind down transactions may be carried out under this general license through September 24, 2017.
General License 2 authorizes US Persons to engage in transactions where the only Venezuelan government entities involved are CITGO Holding, Inc. and any of its subsidiaries.
General License 3 authorizes US Persons to engage in transactions related to, provide financing for, and otherwise deal in bonds that (i) are specified in the Annex to General License 3 or (ii) were issued prior to the effective date of the Order by US Person entities owned or controlled, directly or indirectly, by the Government of Venezuela (e.g., CITGO Holding, Inc.).
General License 4 authorizes US Persons to engage in certain transactions related to, provide financing for, and otherwise deal in new debt related to the export or reexport from the United States or by US Persons of agricultural commodities, medicine, medical devices, or replacement parts and components for medical devices to Venezuela, or to persons in third countries purchasing specifically for resale to Venezuela. These exports and reexports must be licensed or otherwise authorized under the Export Administration Regulations, 15 C.F.R. Parts 730-774.
The foregoing is intended only to provide a general summary of recent developments regarding the expansion of US sanctions targeting Venezuela. If you have any questions about how these changes might affect your company or if you require advice on any specific transactions or plans, please contact the authors, Nicholas F. Coward, Joseph A. Schoorl, Olivia Colvill or any member of our U.S. International Trade Outbound group with whom you usually work. Check our Trade Sanctions and Export Controls blog for future updates.
President signs Memorandum to USTR re China's IP and technology policies, practices and actions
On August 14, 2017, President Trump signed Presidential Memorandum of August 14, 2017 for the United States Trade Representative Addressing China's Laws, Policies, Practices, and Actions Related to Intellectual Property, Innovation, and Technology (published in the Federal Register on August 17, 2017). The Memorandum directs the U.S. Trade Representative to determine whether to conduct an investigation consistent with section 302(b) of the Trade Act of 1974 (19 U.S.C. 2412(b)), of China's laws, policies, practices, or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development.
The Memorandum states in part that:
Violations of intellectual property rights and other unfair technology transfers potentially threaten United States firms by undermining their ability to compete fairly in the global market. China has implemented laws, policies, and practices and has taken actions related to intellectual property, innovation, and technology that may encourage or require the transfer of American technology and intellectual property to enterprises in China or that may otherwise negatively affect American economic interests. These laws, policies, practices, and actions may inhibit United States exports, deprive United States citizens of fair remuneration for their innovations, divert American jobs to workers in China, contribute to our trade deficit with China, and otherwise undermine American manufacturing, services, and innovation.
President extends the Export Control Regulations
On August 16, 2017, the Federal Register published Presidential Notice of August 15, 2017, Continuation of the National Emergency With Respect to Export Control Regulations. The Notice continues for an additional year the national emergency
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declared in Executive Order (EO) 13222 of August 17, 2001, as amended by EO 13637 of March 8, 2013. The President issued EO 13222 pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) declaring a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States related to the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. 4601 et seq.). Because the Congress has not renewed the Export Administration Act, the national emergency declared on August 17, 2001, as amended by EO 13222, must continue in effect beyond August 17, 2017.
President Signs Iran, Russia, and North Korea Sanctions Bill
On August 2, 2017, the President signed into law the Countering America's Adversaries Through Sanctions Act ("CAATSA"), a bill that he called "seriously flawed" in a statement about CAATSA issued at the same time he signed the bill.
As discussed in our prior blog posts here, here, and here, CAATSA calls for the imposition of certain additional sanctions targeting Iran, Russia, and North Korea. The timing and implementation of many of these sanctions remains uncertain. While some provisions in CAATSA require the President to implement the sanctions within a prescribed period of time (e.g., the modifications to Directives 1 and 2 under US Sectoral Sanctions will take effect 60 days after the US Treasury Department's Office of Foreign Assets Control ("OFAC") modifies them), others do not and will require implementing action by the Executive Branch (e.g., designation of parties targeted under CAATSA). In addition, it remains to be seen whether or how the President will implement CAATSA's discretionary provisions, including sanctions targeting Russian energy export pipelines.
The principal Russian sanctions provisions are as follows:
Restrictions on President's Authority to Relax Sanctions. Efforts by the President to relax, suspend, or terminate the Russia-related sanctions currently in effect will be subject to mandatory review by Congress.
Codification of Existing Russia Sanctions. CAATSA will codify the Russia-related sanctions currently in effect under Executive Orders 13660, 13661, 13662, 13685, 13694, and 13757, including sanctions against parties designated pursuant to those Executive Orders to date (i.e., those currently designated to the Specially Designated Nationals and Blocked Persons List ("SDN List") or under the sectoral sanctions).
Tightening of Existing Sectoral Sanctions. CAATSA will modify the Russian sectoral sanctions implemented by OFAC pursuant to Executive Order 13662. This includes:
Directive 1 will be modified to prohibit dealings by US Persons in new debt of longer than 14 days maturity (down from 30 days) of Russian financial institutions designated pursuant to this directive.
Directive 2 will be modified to prohibit dealings by US Persons in new debt of longer than 60 days maturity (down from 90 days) of Russian energy companies designated pursuant to this directive.
Directive 4 will be expanded to prohibit the provision by US Persons of goods, non-financial services, or technology in support of exploration or production for "new" deepwater, Arctic offshore, or shale projects that have the potential to produce oil anywhere in the world (i.e., no longer limited to Russia) and in which a Directive 4 entity has a 33 percent or greater ownership interest.
Imposition of Additional/New Secondary Sanctions. This includes:
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Secondary Sanctions that Apply to Non-US Persons.
Mandatory sanctions on non-US persons that knowingly make significant investments in "special Russian crude oil projects" (projects intended to extract crude oil from the exclusive economic zone of Russia in waters more than 500 feet deep, Russian Arctic offshore locations, or shale formations located in Russia).
Mandatory correspondent banking restrictions on non-US financial institutions that knowingly engage in significant transactions involving activities related to the sale of defense articles to Syria or "special Russian crude oil projects" or knowingly facilitate significant transactions with SDNs.
Mandatory sanctions on Russian government officials and their close associates and family members for acts of "significant corruption" in Russia or elsewhere.
Mandatory sanctions for non-US persons involved in serious human rights abuses in any territory forcibly occupied or otherwise controlled by the Russian government.
Mandatory sanctions on non-US persons that export or transfer to Syria significant financial, material, or technological support that contributes materially to the Syrian government's ability to acquire weapons and other defense articles.
Secondary Sanctions that Apply to US and Non-US Persons. Notably, a novel aspect of some of these secondary sanctions provisions is that they may apply to activities by US Persons that are not necessarily prohibited under US law. In other words, assuming no violations of other US laws, companies that engage in some of the activities described below will not necessarily be liable for civil or criminal penalties under US law, but may nonetheless be at risk for the imposition of secondary sanctions.
Mandatory sanctions with respect to any person that knowingly engages in activities that undermine cybersecurity" against any person, including a democratic institution, or government" on behalf of the Russian government.
Mandatory sanctions on foreign sanctions evaders, i.e., persons facilitating significant deceptive or structured transactions (related to currency reporting) for or on behalf of any person subject to the Russia-related sanctions or any child, spouse, parent, or sibling of a sanctioned person.
Mandatory sanctions on parties knowingly engaging in significant transactions with the intelligence or defense sectors of the Russian government, including persons acting for the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation ("GRU") or the Federal Security Service of the Russian Federation ("FSB"). CAATSA authorizes the President to delay the imposition of such sanctions, however, if certain conditions are met.
Discretionary sanctions related to Russian energy export pipelines, targeting parties that (i) knowingly make an investment that directly and significantly contributes to the enhancement of the ability of Russia to construct energy export pipelines, or (ii) sell, lease, or provide to Russia goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of the construction, modernization, or repair of energy pipelines, and where the investment or transaction has a fair market value of $1,000,000 or more, or that, during a 12-month period, has an aggregate fair market value of $5,000,000 or more. These sanctions are to be imposed (if at all) "in coordination with allies of the United States."
Mandatory sanctions related to investments in, or facilitation of investments in, the privatization of Russia's state-owned assets for $10,000,000 or more (or any combination of investments of not less than $1,000,000 each, which in the aggregate equals or exceeds $10,000,000 in any 12-month period), if
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the investment contributes to Russia's ability to privatize state-owned assets in a manner that unjustly benefits Russian government officials or their close associates or family members.
We summarized the key Iranian and North Korean sanctions in our prior blog posts, which remain current and are reproduced for reference below:
Iran-Related Sanctions
Mandatory blocking sanctions on any person that knowingly contributes to Iran's ballistic missile program, who are officials, agents or affiliates of the Islamic Revolutionary Guard Corps, or who knowingly supply or support the supply of arms, combat vehicles, etc., to Iran or provide related technical training or services to Iran.
Designation of persons responsible for human rights violations in Iran.
North Korea-Related Provisions
Requires the President to designate to the SDN List persons that engage in certain North Korea-related activities that are prohibited under UN Security Council resolutions.
Provides the President with discretionary authority to designate persons to the SDN List that engage in certain activities involving North Korea, including:
Purchasing significant types or amounts of textiles from the Government of North Korea,
Selling or transferring significant amounts of crude oil, petroleum products, liquefied natural gas, or other natural gas resources to the Government of North Korea,
Conducting significant transactions in North Korea's transportation, mining, energy, and financial services industries,
Engaging in certain other North Korea-related activities prohibited under UN Security Council resolutions.
Prohibits US financial institutions from maintaining, administering, or managing indirect correspondent accounts that benefit any parties designated under this legislation. However, US financial institutions are authorized to process transfers of funds to or from North Korea if the transfer is authorized by an OFAC specific or general license and does not involve debiting or crediting a North Korean account.
Imposes shipping sanctions against North Korea that include a prohibition on the entry of certain foreign vessels over 300 gross tons in navigable waters of the United States. These prohibitions apply to:
Vessels owned or operated by or on behalf of the Government of North Korea or a North Korean person, and
Vessels owned or operated by or on behalf of a foreign country in which a sea port is identified as having failed to implement or comply with certain UN Security Council resolutions targeting North Korea. Such sea ports will be identified in reports submitted by the President to Congress identifying the operators of such foreign sea ports. CAATSA specifically requires the reports to include findings related to certain sea ports in China, Iran, Russia, and Syria.
Prohibits the importation of any significant goods, wares, articles, and merchandise manufactured by the labor of North Korean nationals unless a finding by U.S. Customs and Border Protection establishes that they are not the products of convict labor, forced labor, or indentured labor.
For additional information, please contact the authors, Inessa Owens, Alexandre (Alex) Lamy, Janet K. Kim or any member of our U.S. Outbound Trade group with whom you usually work. Check our Trade Sanctions and Export Controls blog for future updates.
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State proposes extension of Cultural Property Agreement between the United States and Cambodia
On August 29, 2017, the Department of State published in the Federal Register a notice [Public Notice; 10098] proposing an extension of the Memorandum of Understanding Between the Government of the United States of America and the Government of the Kingdom of Cambodia Concerning the Imposition of Import Restrictions on Archaeological Material from Cambodia from the Bronze Age through the Khmer Era.
State bars US passports for travel to, in, or through N. Korea
On August 2, 2017, the Department of State published in the Federal Register a notice [Public Notice: 10074] declaring all U.S. passports invalid for travel to the Democratic People's Republic of Korea (North Korea), due to the serious risk to United States nationals of arrest and long-term detention represents imminent danger to the physical safety of United States nationals traveling to and within that country, unless specially validated for such travel, as specified at 22 C.F.R. 51.64.
The restriction on travel to the DPRK shall be effective 30 days after publication of this Notice, and shall remain in effect for one year unless extended or sooner revoked by the Secretary of State.
USTR determination under AGOA
On August 22, 2017, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that USTR has determined that Togo has adopted an effective visa system and related procedures to prevent the unlawful transshipment of textile and apparel articles and the use of counterfeit documents in connection with the shipment of such articles, and has implemented and follows, or is making substantial progress towards implementing and following, the custom procedures required by the African Growth and Opportunity Act (AGOA). Therefore, imports of eligible products from Togo qualify for the textile and apparel benefits provided under the AGOA.
USTR initiates 301 investigation of China
On August 24, 2017, the Office of the U.S. Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-2017-0016] announcing that on August 18, 2017, USTR formally initiated an investigation pursuant to the Trade Act of 1974 (the Trade Act) to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are actionable under the Trade Act.
The inter-agency Section 301 Committee is holding a public hearing and seeking comments in connection with this investigation.
The schedule and due dates are as follows: To be assured of consideration, written comments and requests to appear at the hearing must be submitted by Thursday, September 28, 2017 at 11:59 pm. The request to appear must include a summary of testimony. Tuesday, October 10, 2017: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington DC 20436, beginning at 9:30 am. If necessary, the hearing may continue on the next business day. To be assured of consideration, post-hearing rebuttal comments must be submitted by Friday, October 20, 2017 at 11:59 pm.
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The initiation follows upon President Trump's Memorandum of August 14, 2017 (82 Fed. Reg. 39007) instructing the USTR to consider the possible initiation of an investigation. The President's Memorandum emphasized that "the United States is a world leader in research-and-development-intensive, high-technology goods," and that "violations of intellectual property rights and other unfair technology transfers potentially threaten United States firms by undermining their ability to compete fairly in the global market." The President's Memorandum further noted that China's conduct "may inhibit United States exports, deprive United States citizens of fair remuneration for their innovations, divert American jobs to workers in China, contribute to our trade deficit with China, and otherwise undermine American manufacturing, services, and innovation."
Commerce, USTR request comments on costs and benefits of U.S. government procurement obligations
On August 21, 2017, the Department of Commerce and the Office of the U.S. Trade Representative (USTR) published in the Federal Register a request for comments in response to Section 3(e) of the Presidential Executive Order on Buy American and Hire American, which directs the Secretary of Commerce and the USTR to assess the impacts of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement (GPA) on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences.
In response to this Executive Order, Commerce and the Office of the USTR are conducting industry outreach in order to better understand how the U.S. government procurement obligations under all U.S. free trade agreements and the GPA affect U.S. manufacturers' and suppliers' access to and participation in the domestic government procurement process. In addition, because reciprocal access to trading partners' markets is an important motivation for including government procurement obligations in U.S. free trade agreements and for the United States' membership in the GPA, Commerce and the USTR are also seeking information about the costs and benefits of these obligations to U.S. manufacturers and suppliers competing in U.S. trading partners' government procurement markets. The trading partners with which the United States has international government procurement obligations are: Armenia, Aruba, Australia, Bahrain, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Dominican Republic, El Salvador, the European Union (which includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and the United Kingdom), Guatemala, Honduras, Hong Kong, Iceland, Israel, Japan, the Republic of Korea, Liechtenstein, Mexico, the Republic of Moldova, Montenegro, Morocco, New Zealand, Nicaragua, Norway, Oman, Panama, Peru, Singapore, Switzerland, and Ukraine.
The Secretary of Commerce and the USTR are required to conclude the assessment called for under Section 3(e) by September 15, 2017. Responses to this notice will be considered in the assessment as well as in the final report of findings and recommendations to strengthen the implementation of Buy American Laws that the Secretary of Commerce will submit to the President of the United States by November 24, 2017.
The deadline for interested persons to submit written comments is September 18, 2017 at 11:59 p.m. Eastern Daylight Time (EDT).
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USTR seeks information for 2017 Special 301 out-of-cycle review
On August 16, 2017, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR-20170015] requesting written comments that identify online and physical markets based outside the United States that should be included in the 2017 Notorious Markets List (List). Conducted under the auspices of the Special 301 program, the List identifies online and physical marketplaces that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting. In 2010, USTR began publishing the Notorious Markets List separately from the annual Special 301 Report as an "Out-of-Cycle Review."
October 2, 2017 at midnight EST: Deadline for submission of written comments.
October 16, 2017 at midnight EST: Deadline for submission of rebuttal comments and other information USTR should consider during the review.
USTR initiates 2017 GSP Review sets schedules
On August 11, 2017, the Office of the USTR published in the Federal Register a notice [Docket No. USTR-2017-0014] that it will consider petitions to modify the list of articles that are eligible for duty-free treatment under the Generalized System of Preferences (GSP) program, and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. USTR is extending the previously announced hearing on Bolivia's country practices to include a second day to provide interested parties with an opportunity to submit testimony on the following country practice petitions accepted in previous years that continue to be under review: Argentina, Ecuador, Georgia, Indonesia, Iraq, Laos, Thailand, Ukraine, and Uzbekistan.
USTR will announce the procedures to receive petitions requesting waivers of competitive need limitations (CNLs) and the schedule for a public hearing on the product review petitions and any new country practice petitions in the Federal Register at a later date.
September 12, 2017 at midnight EST: Deadline for submission of comments, pre-hearing briefs and requests to appear at the September 26-27, 2017, public hearing.
September 26-27, 2017: The GSP Subcommittee of the Trade Policy Staff Committee (TPSC) will convene a public hearing on the GSP country practice review of Bolivia in Rooms 1 and 2, 1724 F Street NW, Washington DC 20508, beginning at 10:00 am. The GSP Subcommittee is extending the hearing to September 27th to provide interested parties with an opportunity to submit testimony on all country practice petitions accepted in previous years that continue to be under review. Any interested party, including foreign governments, may submit testimony or ask to testify at the September 26-27, 2017 country practices hearing.
October 17, 2017 at midnight EST: Deadline for submission of post-hearing briefs.
October 17, 2017 at midnight EST: Deadline for submission of petitions to modify the list of articles eligible for duty-free treatment under the GSP and new petitions to review the GSP status of any beneficiary developing country. USTR will announce decisions on the petitions accepted for review, a schedule for any related public hearings, and the opportunity to provide comments, at a later date.
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USTR seeks comments and will hold hearing on Russia's compliance with WTO commitments
On August 4, 2017, the Office of the USTR published in the Federal Register a notice [Docket Number USTR-2017-0012] announcing that the interagency Trade Policy Staff Committee (TPSC) is seeking comments and will convene a public hearing to assist the Office of the USTR to prepare its annual report to Congress on Russia's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).
The deadline for filing requests to appear and a summary of testimony and requests to appear at the Sept. 28, 2017 public hearing, and for submitting public comments is September 22, 2017. The TPSC will convene a public hearing in Washington DC on Sept. 28, 2017.
USTR seeks comments to compile the National Trade Estimate Report on Foreign Trade Barriers
On August 2, 2017, the Office of the USTR published in the Federal Register a notice [Docket Number USTR-2017-0013] advising the public that the Trade Policy Staff Committee (TPSC) is asking interested persons to submit written comments to assist the TPSC in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the National Trade Estimate Report on Foreign Trade Barriers (NTE), required by Section 181 of the Trade Act of 1974, as amended.
Written comments are due no later than 11:59pm, October 25, 2017.
USTR seeks comments and will hold hearing on China's compliance with WTO commitments
On August 2, 2017, the Office of the USTR published in the Federal Register a notice [Docket Number USTR-2017-0011] announcing that the interagency Trade Policy Staff Committee (TPSC) is seeking comments and will convene a public hearing to assist the Office of the USTR to prepare its annual report to Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).
The deadline for filing requests to appear and a summary of expected testimony at the October 4, 2017 public hearing, and for filing pre-hearing briefs, statements, or comments is September 20, 2017. The TPSC will convene a public hearing in Washington DC on October 4, 2017.
USTR makes additional 2017 Sugar TRQ allocations
On August 2, 2017, the Office of the USTR published in the Federal Register a notice providing country-by-country allocations of additional Fiscal Year (FY) 2017 in-quota quantity of the tariff-rate quota (TRQ) for imported raw cane sugar as announced by Secretary of Agriculture.
On July 25, 2017 (82 Fed. Reg. 34472), the Secretary of Agriculture announced an additional in-quota quantity of the TRQ for raw cane sugar for the remainder of FY2017 (ending September 30, 2017) in the amount of 244,690 metric tons raw value (MTRV). The conversion factor is 1 metric ton equals 1.10231125 short tons. This quantity is in addition to the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements (1,117,195 MTRV). The Department of Agriculture also has determined that all sugar enter-
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ing the United States under the FY2017 raw sugar TRQ will be permitted to enter U.S. Customs territory through October 31, 2017, a month later than the typical entry date deadline. USTR is allocating this total quantity of 244,690 MTRV to the following countries in the amounts specified below:
Argentina Australia Belize Brazil Colombia Costa Rica Ecuador El Salvador
Fiji
15,575 30,064
3,984 13,962
8,693 5,433 3,984 9,417
3,260
Guatemala Guyana Honduras India Jamaica Malawi Mauritius Mozambique
Nicaragua
17,386 4,347 3,622 2,898 3,984 3,622 4,347 4,709
7,606
Panama Peru Philippines South Africa Swaziland Thailand Zimbabwe
10,504 14,851 48,898 24,220
5,795 5,071 4,347
USTR reallocates unused FY 2017 Sugar TRQ
On August 2, 2017, the Office of the USTR published in the Federal Register a notice providing country-by-country reallocations of additional Fiscal Year (FY) 2017 in-quota quantity of the WTO tariff-rate quota (TRQ) for imported raw cane sugar.
On May 6, 2016 (81 Fed. Reg. 27390), the Secretary of Agriculture established the FY2017 WTO TRQ for imported raw cane sugar at the minimum to which the United States is committed pursuant to the WTO Uruguay Round Agreements (1,117,195 metric tons raw value (MTRV) conversion factor: 1 metric ton = 1.10231125 short tons.). On May 27, 2016 (81 FR 33729), USTR provided notice of country-by-country allocations of the FY2017 in-quota quantity of the WTO TRQ for imported raw cane sugar. Based on consultation with quota holders, USTR is reallocating 86,495 MTRV of the original TRQ quantity from those countries that are unable to fill their FY2017 allocated raw cane sugar quantities. USTR is allocating the 86,495 MTRV to the following countries in the amounts specified below:
Argentina Australia Belize Brazil Colombia Costa Rica Ecuador El Salvador
Fiji
4,756 9,180 1,217 16,038 2,655 1,659 1,217 2,876
995
Guatemala Guyana Honduras India Jamaica Malawi Mauritius Mozambique
Nicaragua
5,309 1,327 1,106
885 1,217 1,106 1,327 1,438
2,323
Panama Peru Philippines South Africa Swaziland Thailand Zimbabwe
3,208 4,535 14,932 2,544 1,770 1,548 1,327
ITC investigations
The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release)
Investigation. No. and title
American Manufacturing Competitiveness Act of 2016: Final Report (USITC Pub. 4712, August 2017) (R) Background and Methodology
Appendix A. All Petitions Appendix B. Category I Petitions
Requested by: Statutory
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Investigation. No. and title
Appendix C. Category II Petitions Appendix D. Category III Petitions Appendix E. Category IV Petitions Appendix F. Category V(aa) Petitions Appendix G. Category V(bb) Petitions Appendix H. Category VI Petitions Addendum. Additional Information Final Report Data File
Requested by:
DHS waives certain requirements to build border barriers and roads near San Diego
On August 2, 2017, the Office of the Secretary, Department of Homeland Security, published in the Federal Register a notice that the Secretary has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border of the United States near the city of San Diego in the state of California.
ICE-HSI and CBP establish Virginia-based coordination center to promote trade enforcement
On August 22, 2017, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) announced that in order to identify and interdict evolving trade threats that pose a risk to the national security of Hampton Roads, ICE's Homeland Security Investigations (HSI) and CBP signed a memorandum of agreement to establish the Port of Norfolk-Newport News, Virginia Trade Enforcement Coordination Center (TECC). The announcement stated:
The center will focus on identifying intellectual property rights violations, public health and safety threats, and compliance with import and export laws. It will work with a variety of federal agencies including the U.S. Food and Drug Administration, Consumer Product Safety Commission, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Environmental Protection Agency, and the Department of Transportation to enforce these laws. The Virginia TECC is the 12th in the country.
HSI Washington, D.C. Special Agent in Charge Patrick J. Lechleitner and CBP Atlanta Director of Field Operations Donald F. Yando participated in a signing ceremony at CBP's Centralized Examination Station in Chesapeake [on August 22]. HSI Norfolk Assistant Special Agent in Charge Michael K. Lamonea and CBP Norfolk Area Port Director Mark J. Laria will implement the plan throughout Hampton Roads.
***
The TECCs are established at the recommendation of a Commercial Fraud Working Group Field Evaluation and Implementation Plan which was issued by HSI and CBP Headquarters in January 2012. One of the recommendations of this plan was to establish integrated commercial fraud units at the field level. Many of the recommendations in the plan were met by integrating CBP and HSI commercial fraud units into the TECCs, which are co-located at ports of entry.
The TECC agreement provides for increased communication and information sharing about foreign imports and commercial fraud investigations. It will help to establish better processes for combating trade fraud and create a united form for pursuing prosecutions.
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CBP extends and clarifies FTZ ACE test and transition from ACS
On August 16, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice announcing CBP's plan to extend a test program for submitting electronic Foreign Trade Zone (FTZ) admission applications to CBP via the Automated Broker Interface (ABI). The notice further announces a clarification regarding the data elements that are required for the submission of an FTZ admission application, as well as the transition of the test program from the Automated Commercial System (ACS) to the Automated Commercial Environment (ACE).
As of September 16, 2017, ACE will be the sole CBP-authorized electronic data interchange (EDI) system for processing electronic FTZ admission applications. The test will continue until concluded by way of announcement in the Federal Register. Comments concerning this notice and any aspect of the prototype may be submitted at any time during the test period
CBP makes ACE sole EDI system for processing duty deferral entry and entry summary filings
On August 16, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice announcing that as of September 16, 2017, the Automated Commercial Environment (ACE) will be the sole electronic data interchange (EDI) system authorized by the Commissioner of CBP for processing electronic duty deferral entry and entry summary filings. After September 16, 2017, the Automated Commercial System (ACS) will no longer be a CBPauthorized EDI system for processing these filings.
On August 30, 2016, CBP published a notice in the Federal Register announcing plans to make ACE the sole EDI system authorized by the Commissioner for processing electronic drawback and duty deferral entry and entry summary filings. The date for the changes announced in that notice had been delayed indefinitely. This notice announces the new date for the transition of duty deferral entry and entry summary filings. The transition for processing electronic drawback filings will be announced in the Federal Register at a later date.
CBP expands Global Entry to citizens of Colombia, Singapore and Switzerland
On August 14, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice [CBP Dec. No. 17-09] that announces that CBP is expanding eligibility for Global Entry to include citizens of the Republic of Colombia, citizens of the Republic of Singapore, and citizens of Switzerland. All of these individuals also must satisfy the requirements to participate in the Global Entry program. Additionally, this document announces that U.S. citizens who participate in Global Entry will have the option to apply for membership in Singapore's enhanced-Immigration Automated Clearance System (e-IACS). CBP operates the Global Entry international trusted traveler program at most major U.S. airports. Global Entry allows pre-approved participants dedicated CBP processing into the United States using Global Entry kiosks located at designated airports.
Applications will be accepted from qualified citizens of Colombia, Singapore, and Switzerland beginning on August 14, 2017.
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CBP expands ACE Export Manifest for Air Cargo Test
On August 14, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice that announces that CBP is modifying the Automated Commercial Environment (ACE) Export Manifest for Air Cargo Test, a National Customs Automation Program (NCAP) test concerning ACE export manifest capability, by making certain of the export manifest data elements optional. CBP is also extending the test and will be accepting additional applications for participation in this modified test from all parties meeting the eligibility requirements.
The modifications of the ACE Export Manifest for Air Cargo Test set forth in this document are effective August 14, 2017. The modified test will run until August 10, 2018. Applications from additional participants may be submitted at any time. Current test participants do not need to reapply. Comments concerning this notice and all aspects of the test may be submitted at any time during the test period to the email address given in the notice.
CBP expands ACE Export Manifest for Rail Cargo Test
On August 14, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice that announces that CBP is modifying the Automated Commercial Environment (ACE) Export Manifest for Rail Cargo Test, a National Customs Automation Program (NCAP) test concerning ACE export manifest capability, by changing the reporting requirements for certain data elements. CBP is also extending the test and will be accepting additional applications for participation in this modified test from all parties meeting the eligibility requirements.
The modifications of the ACE Export Manifest for Rail Cargo Test set forth in this document are effective August 14, 2017. The modified test will run until October 9, 2018. Applications from additional participants may be submitted at any time. Current test participants do not need to reapply. Comments concerning this notice and all aspects of the test may be submitted at any time during the test period to the email address given in the notice.
CBP expands ACE Export Manifest for Vessel Cargo Test
On August 14, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a general notice that announces that CBP is modifying the Automated Commercial Environment (ACE) Export Manifest for Vessel Cargo Test, a National Customs Automation Program (NCAP) test concerning ACE export manifest capability, by making certain of the export manifest data elements optional. CBP is also extending the test and will be accepting additional applications for participation in this modified test from all parties meeting the eligibility requirements.
The modifications of the ACE Export Manifest for Vessel Cargo Test set forth in this document are effective August 14, 2017. The modified test will run until September 21, 2018. Applications from additional participants may be submitted at any time. Current test participants do not need to reapply. Comments concerning this notice and all aspects of the test may be submitted at any time during the test period to the email address given in the notice.
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CBP announces COAC meeting
On August 3, 2017, CBP published in the Federal Register a document [Docket No. USCBP-2017-0028] announcing that The Commercial Customs Operations Advisory Committee (COAC) wouldhold its quarterly meeting on Wednesday, August 23, 2017, at the Omni Hotel in San Diego, California. The meeting was open to the public. [The meeting was held and the following information is given for information only] . Agenda [Reproduced from the Federal Register notice]
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 Trade Modernization Subcommittee will discuss and deliver recommendations related to the subcommittee's International Engagement and Trade Facilitation Working Group which is identifying examples of best practices in the U.S. and abroad that facilitate trade. The subcommittee will also discuss the progress of the E-Commerce Working Group and will deliver recommendations related to the subcommittee's Section 321 Working Group. The Section 321 Working Group has focused on facilitative methods for the processing of low value "de-minimis" shipments while maintaining security and compliance.
2. The One U.S. Government Subcommittee will discuss the progress of the Fish & Wildlife Service Working Group and will present recommendations in this area. The subcommittee will also discuss the progress of the Automated Commercial Environment core functions and the Single Window Effort, including the North American Single Window progress.
3. The Global Supply Chain Subcommittee will present their involvement in the present draft of an updated supply chain security Customs-Trade Partnership Against Terrorism (C-TPAT) best practice framework, provide an update to on-going input work regarding the C-TPAT minimum security criteria, and a progress report with recommendations from the Pipeline Working Group.
4. The Trusted Trader Subcommittee will continue the discussion for an enhanced Trusted Trader program that includes engagement with CBP to include relevant partner government agencies with a potential for international interoperability. A review of the pilot program status and benefits will also be undertaken in parallel to determine the optimum benefits that would be assigned to Trusted Trader participants.
5. The Trade Enforcement & Revenue Collection (TERC) Subcommittee will discuss the progress made on TERC recommendations and updates from the Anti-Dumping and Countervailing Duty, Bond, Forced Labor, and Intellectual Property Rights Working Groups.
6. The Exports Subcommittee will discuss the Post Departure Filing (PDF) working group's progress in developing additional recommendations for an implementation plan of the PDF Proposal and will include steps to initiate a proof of concept that incorporates the PDF model in conjunction with the Ocean Export Manifest pilot. The subcommittee will also discuss the progress of the Truck Manifest Sub-Working Group recommendations presented at the March 1, 2017 public meeting, and progress on issues with the ongoing manifest pilots.
Meeting materials will be available here by August 20, 2017.
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.]
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F.R. Date
Subject
08-02-17 08-08-17 08-21-17 08-22-17 08-29-17 08-30-17
Agency Information Collection Activities: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing [OMB No. 1651-0001] (N) [CBP Forms 1302, 1302A, 7509, 7533]
Agency Information Collection Activities: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions [OMB No. 16510067] (N) Agency Information Collection Activities: Report of Diversion [OMB No. 16510025] (N) [CBP Form 26]
Agency Information Collection Activities: Passenger List/Crew List [OMB No. 1651-0103] (N) [Form I418.]
Agency Information Collection Activities: Vessel Entrance or Clearance Statement [OMB No. 1651-0019] (N) [CBP Form 1300]
Accreditation and Approval of Intertek USA, Inc. Bayamn, PR, as a Commercial Gauger and Laboratory [Bayamn, PR] (N)
Accreditation and Approval of Intertek USA, Inc. Pittsburgh, PA, as a Commercial Gauger and Laboratory (N) Agency Information Collection Activities: Bonded Warehouse Regulations [OMB No. 1651-0041] (N) Agency Information Collection Activities: Declaration of Person Who Performed Repairs [OMB No. 1651-0048] (N)
Agency Information Collection Activities: Entry Summary [OMB No. 1651-0022] (N) [CBP Forms 7501, 7501A]
Agency Information Collection Activities: Automated Clearinghouse [OMB No. 1651-0078] (N) [CBP Form 400]
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory [Romeoville, IL] (N)
CBP issues first decision under EAPA's duty evasion procedure
On August 14, 2017, CBP issued a "Notification of Final Determination as to Evasion" in what is believed to be the first decision under section 421 of the Trade Facilitation and Trade Enforcement Act of 2015 (commonly referred to as the Enforce and Protect Act or EAPA). The case [Investigation 7175] involved steel wire coat hangers allegedly manufactured in Thailand. The investigation began in October 2016 when an allegation from a U.S. company reasonably suggested that steel wire hangers manufactured in China and subject to antidumping duties (ADD) were being imported by Eastern Trading after having been transshipped through Thailand. CBP notified all concerned parties and took interim measures. It issued requests for information on purchase and sales records, import policies, manufacturing process, source for raw materials and corporate affiliations. CBP visited the supplier's factory in Thailand and determined that it was not capable of producing the quantity claimed, that there was conflicting evidence of the source of the materials, insufficient machinery, and lack of information on Thai suppliers. Publicly available information confirmed that certain individuals were involved in the alleged Chinese manufacturer, Thai supplier and U.S. importer. In addition, the Chinese manufacturer shipped hangers to the importer with a Thai "manufacturer's name" directly from China within the same time period.
Based on the record, CBP concluded that there was substantial evidence that the Importer entered merchandise into the United States through evasion and that the importers should be subject to the PRC-wide rate of 187.25% rather than a separate rate of 40.99% applicable to the Chinese manufacturer on exports by a specific party.
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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
08-28-17
HQ H284690 (08-22-17) Meloxicam Tablets HQ H284691 (08-22-17) Bimatoprost ophthalmic solution HQ H284692 (08-22-17) Niacin ER HQ H284694 (08-22-17) Calcium acetate capsules HQ H284695 (08-22-17) Quinine sulfate capsules
HQ H284523 (08-22-17) Tablet Computers, Health Mobile and Hub Platforms
Country of Origin
Italy
Taiwan
Belgium or Switzerland
The Netherlands
Germany Vietnam [or country where tablet was manufactured]
CBP publications and fact sheets
During the period of coverage of this Update, CBP issued the following new or revised publications and fact sheets:
ACE Deployment Schedule (August 2017)
CBP announces implementation of FDA's ITACS system
See article under FDA below.
CBP issues guidance for importers, exporters and carriers affected by Hurricane (Tropical Storm) Harvey
Between August 25 and August 31, 2017, CBP issued the following CSMS guidance related to Hurricane (Tropical Storm) Harvey:
17-000516 - Update: Port of Corpus Christi, TX (5312) - August 25, 2017
17-000517 Local Closure Day for August 28, 2017 for Ports 2101, 5301, 5309, 5310, 5311, 5312
17-000518 Guidance to Trade on Cargo Processing during Hurricane Harvey
17-000519 Local Closure Day for August 29, 2017 for Ports 2101, 5301, 5309, 5310, 5311
17-000520 *Update* Guidance to Trade on Cargo Processing during Hurricane Harvey
17-000521 *UPDATE* Guidance to Trade on Cargo Processing during Hurricane Harvey
17-000522 Local Closure Day for August 30-September 1, 2017 for Ports 2101, 5301, 5309, 5310, 5311
17-000527 Cargo Processing for Fish & Wildlife (FWS) Products During Hurricane Harvey
17-000528 Guidance for Exporters During Hurricane Harvey
17-000530 *Update* Guidance to Trade on Cargo Processing during Hurricane Harvey
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CBP reminds trade of due date for supplemental duties, taxes and fees, or vessel repair duties; changes dunning letter time frame
CSMS# 17-000489 dated August 14, 2017, reminded the trade that CBP bills for supplemental duties, taxes and fees, or vessel repair duties are due thirty (30) days from the date of the bill. Any bill not paid during this timeframe is delinquent. The CSMS also asks filers to ensure that CBP has the correct address on file in order to receive bills in a timely manner to prevent any delay in the payment of bill.
If a bill remains unpaid, any balance will be considered delinquent and accrues interest until payment is made in full. All supplemental bills will reference the entry number used to import your goods.
Also, CBP is changing its dunning letter timeframe from 181 days from the date of the bill to 61 days starting September 5, 2017. If a filer is scheduled to receive a refund and has a delinquent bill older than 60 days, CBP will divert the refund and apply it to the delinquent bill.
CBP announces transition of entry specialists to the CEEs
CSMS# 17-000488 Entry Specialist transition to the Centers, issued on August 14, 2017 by CBP announced that:
Effective July 10, 2017, Entry personnel that perform entry functions such as collections, statement processing, broker management, etc., transitioned to the Centers of Excellence and Expertise (Centers). Organizationally, the Entry personnel fall under the chain of command of the Center Director, who is operationally responsible for performing trade processing functions and making entry summary determinations within their industry sector.
Entry personnel will continue to support local based processes, such as collections and broker management and the trade may contact personnel located at the port. The submission of entry documentation remains the same and the trade should continue to use existing electronic methods of submission such as the Automated Commercial Environment, or if necessary in paper at the port.
CBP is working on updating the Center Directory to include Supervisory Entry personnel. The Trade Process Document provides procedures and information for importers, filers and brokers to interact and submit entry documentation to the Centers. Both of these Center documents may be found on the cbp.gov website.
United States Signs Customs Mutual Assistance Agreements with Bolivia and Georgia
On July 6, 2017 CBP announced that the United States signed two Customs Mutual Assistance Agreements (CMAA) today with Bolivia and with Georgia marking a significant milestone in collaboration on security and trade facilitation. CBP Executive Assistant Commissioner for the Office of Trade Brenda Smith signed the agreements on behalf of CBP and U.S. Immigration and Customs Enforcement (ICE). Executive President of the National Customs of Bolivia Marlene Ardaya signed on behalf of Bolivia and First Deputy Minister of Finance, Director General of the Georgia Revenue Service Giorgi Tabuashvili signed on behalf of Georgia.
The United States has now signed 79 CMAAs with other customs administrations across the world. CMAAs are bilateral agreements between countries and enforced by their respective customs administrations. They provide the legal framework for the exchange of information and evidence to assist countries in the enforcement of customs laws, including duty evasion, trafficking, proliferation,
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money laundering, and terrorism-related activities. CMAAs also serve as foundational documents for subsequent information sharing arrangements, including mutual recognition arrangements.
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, maintenance, status, delays which have already occurred and problems which have been resolved are not included below.
Date 08-01-17
08-02-17
08-02-17 08-03-17 08-04-17 08-07-17 08-09-17 08-10-17
08-14-17
CSMS# 17-000431 17-000432
17-000433
17-000435
17-000436
17-000437
17-000439
17-000440
17-000442 17-000450 17-000451 17-000452 17-000453 17-000457 17-000460 17-000461 17-000462 17-000469 17-000472 17-000476
17-000477 17-000481 17-000484 17-000485 17-000486
17-000487 17-000488 17-000489
17-000490
Title
HTS Query Disabled in ACE FDA Scheduled Maintenance, Friday, Aug 4,2017, 10 PM EDT to Saturday, Aug 5,2017, 8AM EDT Hold Intact Messages for EPA Pesticide Filings with a Disclaim Code of `A' Issues accessing the ACE Portal and Entry Summary processing issues in Production Issues impacting ACE Portal & Entry Summary and Manifest processing issues in Prod FDA Availability of New CDRH Product Code for General Wellness Products Prior Notice Contingency for current Prod ACE Portal, EntrySummary and Manifest issues Prior Notice Contingency for current issues impacting ACE Portal & Entry Summary and Mani ACE Production PGA Deployment, Thurs Aug 3, 2017 @0500ET,impact ACE CargoRel & EntrySumm Issues Connecting to CBP (VPN connection), August 3, 2017 ACE System Update Estado del Sistema ACE ACE Cert is Offline in order to focus on ACE Prod Maintenance, August 3, 2017 ACE Reports Unavailable Issue accessing the ACE Portal Reminder Regarding ATF Filing Requirements ACE System Update: ACE Reports Unavailable ACE Certification environment now Available Issue with Bond Information Synchronization Announcement of Initiation of Antidumping and Countervailing Duty Investigations Certification ACE Statements Deployment, Thurs August 10, 2017 @0500ET Updated ACE AESTIR Appendices Posted on CBP.gov Publication of FRNs Concerning the Export Manifest Tests for Air, Rail and Vessel Cargo
Immediate Delivery (ID) procedures using ACE Document Imaging System (DIS) Updated Partner Government Agency (PGA) Documentation Posted to CBP.gov Entry Specialist Transition to the Centers CBP Bills for Supplemental Duties, Taxes and Fees, or Vessel Repair Duties ACE Production PGA Deployment, Tues Aug 15, 2017 @ 0500, impact ACE CargoRel & EntrySumm
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Date 08-15-17
08-16-17 08-17-17 08-18-17 08-21-17 08-22-17 08-23-17
08-25-17 08-27-17 08-28-17
08-29-17
08-30-17 08-31-17
CSMS#
17-000491
17-000492
17-000493 17-000496 17-000497 17-000498 17-000499 17-000502 17-000503 17-000505 17-000506 17-000507 17-000508 17-000509
17-000511
17-000512
17-000513
17-000515 17-000516 17-000517 17-000518 17-000519
17-000520
17-000521
17-000522 17-000523 17-000524 17-000525 17-000527 17-000528 17-000530
Title
Clarification: Updated FWS PGA Documentation Posted to CBP.gov FDA New Class Code and New Product Codes under Industry 60-Human and Animal Drugs for CDE Production ACE Cargo Release Deployed this morning, Tues Aug 15, 2017 Update on ISF Deployment
Publication of Two FRNs Concerning Duty Deferral and Electronic FTZ Admission Application
Updated ACE AESTIR Appendix C Posted on CBP.gov ACE FTZ CERT Testing Available to All Trade Partners Updated ACE Documentation Available on CBP.gov Activation of Air In-Bond and Local Transfer status messages in ACE PROD ITACS Account Management Outreach for Trade
FDA Soliciting Feedback on Upcoming Produce Sampling Assignments
ACE PRODUCTION PGA Deployed this morning, Tuesday, August 22, 2017 Info Notice for September Capabilities and New Date for December Statements Deployment Recent 1F Destination update to the CSN Remark has been Backed Out Sporadic MQ Connection issues causing some No EDI Responses in the ACE CERT environment Electronic Messaging for FDA ACS Entries - Ending September 1, 2017 Update: Port of Corpus Christi, TX (5312) - August 25, 2017 Local Closure Day for August 28, 2017 for Ports 2101, 5301, 5309, 5310, 5311, 5312 Guidance to Trade on Cargo Processing during Hurricane Harvey Local Closure Day for August 29, 2017 for Ports 2101, 5301, 5309, 5310, 5311 *Update* Guidance to Trade on Cargo Processing during Hurricane Harvey *UPDATE* Guidance to Trade on Cargo Processing during Hurricane Harvey Local Closure Day for August 30-September 1, 2017 for Ports 2101, 5301, 5309, 5310, 5311 FDA New CDER Product Codes TLS 1.1 for DIS Web Services Trade Partners Updated ACE Deployment Schedule Available Cargo Processing for Fish & Wildlife (FWS) Products During Hurricane Harvey Guidance for Exporters During Hurricane Harvey *Update* Guidance to Trade on Cargo Processing during Hurricane Harvey
Foreign Trade Zones
The following documents were published in the Federal Register by the ForeignTrade Zones Board:
F.R. Date
Document
08-09-17
Foreign-Trade Zone 241-Fort Lauderdale, Florida; Application for Reorganization (Expansion of Service Area) and Expansion of Subzone 241A Under Alternative Site Framework [B492017]
Foreign-Trade Zone 98-Birmingham, Alabama; Notification of Proposed Pro-
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F.R. Date
Document
08-14-17 08-15-17 08-17-17 08-21-17
08-22-17 08-23-17
08-30-17
duction Activity; Brose North America Inc. (Automotive Seats, Drives and Door Frames); Vance, Alabama [B502017]
Foreign-Trade Zone 230-Piedmont Triad Area, North Carolina; Notification of Proposed Production Activity; Klaussner Home Furnishings (Upholstered Furniture); Asheboro and Candor, North Carolina [B482017]
Foreign-Trade Zone 196-Fort Worth, Texas; Foreign-Trade Zone (FTZ) 247Erie, Pennsylvania; Notification of Proposed Production Activity; General Electric Transportation (Underground Mining Vehicles); Fort Worth and Haslet, Texas; Erie and Grove City, Pennsylvania [B512017 and B522017]
Approval of Subzone Status - Universal Metal Products, Inc., Pharr, Texas [S75-2017]
Foreign-Trade Zone 203 Moses Lake, Washington - Revision to Production Authority - SGL Automotive Carbon Fibers, LLC (Carbon Fiber) Moses Lake, Washington [B-23-2017]
Foreign-Trade Zone 75 Phoenix, Arizona - Withdrawal of Application for Subzone Expansion - Conair Corporation, Glendale, Arizona [S-77-2017]
Designation of New Grantee; Foreign-Trade Zone 103, Grand Forks, North Dakota [Order No. 2035]
Approval of Subzone Status; Glovis America, Inc.; Shreveport, Louisiana [Order No. 2038]
Reorganization of Foreign-Trade Zone 12 Under Alternative Site Framework; McAllen, Texas [Order No. 2036]
Approval of Expansion of Subzone 87F; Westlake Chemical Corporation; Sulphur, Louisiana [Order No. 2037]
Foreign-Trade Zone 167 Brown County, Wisconsin - Authorization of Production Activity - Polaris Industries, Inc., (Spark-Ignition Internal Combustion Engines) Osceola, Wisconsin [B-22-2017]
Foreign-Trade Zone 277 Western Maricopa County, Arizona - Notification of Proposed Production Activity - CornellCookson, Inc., (Rolling Steel Doors) Goodyear, Arizona [B-54-2017]
Foreign-Trade Zone 38 Spartanburg County, South Carolina - Application for Expansion of Subzone 38A - BMW Manufacturing Company, LLC, Duncan, South Carolina [B-55-2017]
Foreign-Trade Zone 119 Minneapolis-St. Paul, Minnesota - Application for Additional Production Authority - The Coleman Company, Inc., Subzone 119I Opening of Comment Period on Submission Containing New Evidence [Docket B-53-2015]
Foreign-Trade Zone 80 San Antonio, Texas - Authorization of Production Activity - DPT Laboratories, Ltd. (Pharmaceutical Products) San Antonio, Texas [B-26-2017]
Foreign-Trade Zone 43 Battle Creek, Michigan - Authorization of Production Activity - Pfizer, Inc. (Pharmaceutical Products) Kalamazoo, Michigan [B-272017]
Foreign-Trade Zone 39 Dallas-Fort Worth, Texas - Authorization of Production Activity - Valeo North America, Inc. d/b/a Valeo Compressor North America (Motor Vehicle Air-Conditioner Compressors) Dallas, Texas [B-25-2017]
Foreign-Trade Zone 26 Atlanta, Georgia - Notification of Proposed Production Activity - Nisshinbo Automotive Manufacturing, Inc. (Automotive Brake Linings, Pads, and Disc Pads Assembly and Production) Covington, Georgia [B-053-2017]
Approval of Expanded Subzone Status - 5.11, Inc., Modesto, Lathrop and Manteca, California [S-102-2017]
Approval of Subzone Status - MTD Consumer Group Inc., Martin, Tennessee [S-99-2017]
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EPA announces AES filing compliance dates for hazardous waste exports
On August 29, 2017, the Environmental Protection Agency (EPA) published in the Federal Register a notice [EPAHQRCRA20150147; FRL996676 OLEM] announcing that the Automated Export System (AES) filing compliance date for export shipments of hazardous waste and certain other materials is December 31, 2017. Under the ``Hazardous Waste Export-Import Revisions'' final rule published on November 28, 2016, that became effective on December 31, 2016, EPA provided flexibility to the regulated community by establishing a transition period prior to the required filing of EPA information into the AES for these export shipments. EPA had stated in the final rule that during the transition period, either paper processes or electronic processes at the port could be used until a future AES filing compliance date, which would be announced in a separate Federal Register action. EPA is making this announcement of the AES filing compliance date of December 31, 2017 in this action. On or after this AES filing compliance date, all exporters of manifested hazardous waste, universal waste, and spent lead-acid batteries for recycling or disposal, and all exporters of cathode ray tubes for recycling will be required to file EPA information in the AES or AESDirect for each export shipment. Paper processes will no longer be allowed on or after the compliance date.
Census updates ACE exports reports
The Census Bureau has added a few new features to the Filer (AES-201) and the Agent-Filed Routed (AES-203) Export Reports. These changes were prompted by feedback from ACE users, to include comments provided on the ACE Export Reports webinar held on July 12, 2017. One change Census would like to highlight is that the 'Export Date' and `EEI Filing Date' are now included in the search criteria for the AES-203 report to allow users to filter results accordingly.
Below is a summary of all updates:
AES 201: The `Routed Transaction Indicator' has been added as a default prompt to the AES-201 report.
AES 203: The `EEI Filing Date' has been added to the data elements provided in this report. The `Export Date' and `EEI Filing Date' have been added as default search prompts to the AES-203 report.
Benefits of the ACE Export Reports
The ACE Export Reports feature provides users in the trade community the ability to access their official export records free of charge. Users have access to 5 year's worth of data in addition to the current year and can create customizable reports (dynamic or scheduled). This is a great auditing and compliance tool because users now have access to data they file directly and data filed on their behalf.
A webinar demonstrating the features and benefits of the ACE Export Reports functionality can be viewed at the Census Outreach, Education and Training website. Other recorded webinars are also available at this website.
Census updates HTS in ACE AESDirect
On August 3, 2017, the U.S. Census Bureau announced via e-mail that, effective immediately, all recent additions to the Harmonized Tariff Schedule (HTS) are now available for use in AES. [Note: There have been no additions to the Sched-
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ule B.] The ACE AESDirect program has been updated with these new HTS codes.
The full 2017 Schedule B and HTS tables are available for downloading here.
The current list of HTS codes that are not valid for AES are available here.
US targets Chinese and Russian entities and individuals for assisting North Korean regime
In a continuing effort to pressure and isolate North Korea by targeting entities and individuals in third countries, on Tuesday, August 22, 2017, the US Treasury Department's Office of Foreign Assets Control ("OFAC") and US Justice Department ("DOJ") announced sanctions and a civil forfeiture action, respectively, targeting Chinese and Russian entities accused of directly or indirectly assisting or supporting North Korea's nuclear and ballistic missile programs. China is North Korea's primary trading partner and these actions appear to be an effort, in part, to ramp up pressure on China to assist in curtailing its neighbor's nuclear ambitions.
For its part, OFAC announced sanctions against 10 Chinese and Russian entities and six individuals it says have advanced North Korea's programs to develop nuclear weapons and ballistic missiles by: 1) assisting North Korean entities previously blacklisted for their alleged ties to the North Korean nuclear and ballistic missile programs, 2) dealing in the North Korean energy trade, which supports those programs, 3) facilitating the use of overseas North Korean labor, revenue from which supports those programs, and 4) enabling sanctioned North Korean entities to access the US and international financial systems.
At the same time, DOJ announced an $11 million civil forfeiture action targeting two Singapore- and China-based companies that it alleges were involved in transactions with Russian and North Korean companies that facilitated the North Korean weapons programs. This follows a growing trend to use civil forfeiture actions, which require a much lower burden of proof and do not require bringing the entities involved under US jurisdiction, to target companies accused of assisting North Korea, including:
A memorandum order unsealed in July that targeted funds allegedly flowing through eight US banks to North Korean front companies representing sanctioned North Korean entities that resulted in warrants authorizing the DOJ to seize incoming wire transfers to those banks;
An action in June targeting $1.9 million belonging to a Chinese company alleged to have acted as a front company to launder US dollars on behalf of sanctioned North Korean entities; and
An action last year targeting accounts at Chinese banks that allegedly received funds that transited through US banks as part of a scheme to launder US dollars for North Korea through front companies.
The latest actions come on the heels of others taken within just the last two months representing new tactics in using sanctions and other measures to target North Korea, including:
The enactment of the Countering America's Adversaries Through Sanctions Act ("CAATSA") which calls for increased sanctions on North Korea (see our prior update on the CAATSA here);
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The imposition of new UN Security Council sanctions on North Korea with the backing of China (see our blog post here); and
The imposition of restrictions on the Chinese Bank of Dandong, which was alleged by the US Treasury Department to have engaged in money laundering to assist companies involved in North Korea's weapons programs (see our prior blog post here).
Taken together, the civil forfeiture actions targeting Chinese entities, the action targeting the Bank of Dandong, and the designation of Chinese entities appear to show an effort on the part of the US to bring additional pressure on China, whose cooperation on curtailing North Korea's weapons programs is seen as vital. At the very least, it shows that Chinese companies that do business with North Korea are likely to come under increased scrutiny by US prosecutors and may face increasing actions against them.
For additional information, please contact the authors, Paul E. Amberg, Kathryn J. Anderson, or Lloyd Grove, or any member of the U.S. Outbound Trade team with whom you normally work.
BIS revises EAR to implement 2016 Wassenaar agreements
On August 15, 2017, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 170309249-7249-01] that revises the Commerce Control List (CCL), as well as corresponding parts of the Export Administration Regulations (EAR), to implement changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2016 WA Plenary meeting. The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the agreements reached at the 2016 Plenary meeting by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as making other associated changes to the EAR.
The final rule is effective August 15, 2017, except that:
1. the effective date for amendatory instruction 30 (ECCN 4A003 in Supplement No. 1 to part 774) is September 25, 2017; and
2. the effective date for amendatory instruction 2 ( 740.7 of the EAR) is November 24, 2017.
BIS updates SNAP-R
BIS announced the introduction of the first in a series of updates to the Single Network Application Process Redesign (SNAP-R), BIS's electronic system for the submission of license applications, commodity classification requests, License Exception AGR notifications and License Exception STA eligibility requests. These updates, which BIS is implementing at industry's request, are designed to make SNAP-R more user-friendly and efficient. Additional updates will be implemented in the future. This batch of updates includes the following:
Security Questions: BIS is introducing security questions to SNAP-R to allow individual SNAP-R users to reset their passwords and login IDs and to receive a reminder of their company identification number (CIN), by themselves, without having to request
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assistance from either company SNAP-R account administrators or BIS. Current SNAP-R users can chose to answer four of ten security questions, which BIS will use to verify the user's identity and automate the resetting of passwords and login IDs and/or the sending of with the user's CIN. Existing users who chose not to answer the questions will be prompted to do so at future logins and, in the interim, need to continue to work with their company SNAP-R account administrators or call or e-mail BIS for assistance. Starting today, all new SNAP-R registrants will be required to select security questions as part of the SNAP-R registration process.
Instructions for existing SNAP-R account holders to set up security questions are here.
Resetting Forgotten Passwords: SNAP-R account holders who have set up security questions and who remember their login ID and CIN will be able to reset forgotten passwords remotely, without help from company SNAP-R account administrators or calling or e-mailing BIS for assistance. Guidance on remotely resetting passwords is here.
Forgotten Login ID: SNAP-R account holders who have set up security questions and who remember their CIN will be able to request and receive their login ID remotely, without calling or e-mailing BIS for assistance. Guidance on the remote receipt of login IDs is here.
Forgotten CIN: SNAP-R account holders who have set up security questions and who remember their login ID will be able to request and receive their CIN remotely, without help from company SNAP-R account administrators or calling or e-mailing BIS for assistance. Guidance on the remote receipt of CINs is here.
Work Item Reference Numbers: SNAP-R account holders are no longer limited to the previously required format (i.e., AAA####) for Work Item reference numbers. Additional information on this change is here.
Line Item Value Calculation: When listing the information for an export item on a license application, SNAP-R account holders can now choose to calculate the value of the item by multiplying the unit value by the quantity of items or to enter the total price of the item independent of the item's quantity and unit value. Guidance on this change is here.
Other SNAP-R Features: Did you know that SNAP-R:
Can be used on browsers other than Internet Explorer?
Has a spell check function?
Allows a previously created Work Item (e.g., a license application) to be used again when preparing a new Work Item for submission?
Information on these features may be found here, as well as in the SNAP-R manual.
Updated SNAP-R Manual: The SNAP-R manual has been revised and updated to incorporate the changes above as well as to clarify the tools available to SNAP-R system users. The revised SNAP-R manual is here.
State temporarily modifies Category XI of Munitions List
On August 30, 2017, the Department of State published in the Federal Register a final rule [Public Notice 10082] that temporarily modifies Category XI of the United States Munitions List (USML) in the interest of the security of the United States.
On July 1, 2014, State published a final rule revising Category XI of the USML, 79 Fed. Reg. 37536, effective December 30, 2014. That final rule, consistent with the two prior proposed rules for USML Category XI (78 Fed. Reg. 45018, July 25, 2013 and 77 Fed. Reg. 70958, November 28, 2012), revised paragraph (b) of Category XI to clarify the extent of control and maintain the existing scope of control on items described in paragraph (b) and the directly related software de-
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scribed in paragraph (d). State has determined that exporters may read the revised control language to exclude certain intelligence-analytics software that has been and remains controlled on the USML. Therefore, 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. State will publish any permanent revision to USML Category XI paragraph (b) addressing this issue as a proposed rule for public comment.
The temporary revision clarifies that the scope of control in existence prior to December 30, 2014 for USML paragraph (b) and directly related software in paragraph (d) remains in effect. This clarification is achieved by reinserting the words "analyze and produce information from" and by adding software to the description of items controlled.
State previously published a final rule on July 2, 2015 (80 Fed. Reg. 37974) that temporarily modified USML Category XI(b) until December 29, 2015. State published a final rule on December 16, 2015 (80 Fed. Reg. 78130) that continued the July 2, 2015 modification to August 30, 2017. This final rule extends the July 2, 2015 modification to August 30, 2018 to allow the U.S. government to review USML Category XI in full and publish proposed and final rules.
Amendatory instructions 1 [authority citation for part 121] and 2 [In 121.1, under Category XI, revise paragraph (b)] are effective August 30, 2017. Amendatory instruction No. 3 [a further revision to 121.1, under Category XI, paragraph (b)], is effective August 30, 2018.
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS):
F.R. Date
Applicable orders
08-01-17 08-09-17 08-14-17
08-17-17
08-23-17
OFAC: Sanctions Actions Pursuant to Executive Order 13692 of March 8, 2015, Blocking Property and Suspending Entry of Certain Persons (N)
OFAC: Sanctions Actions Pursuant to Executive Order 13692 of March 8, 2015, Blocking Property and Suspending Entry of Certain Persons (N)
OFAC: Sanctions Actions Pursuant to the Foreign Narcotics Kingpin Designation Act (N) [Effective 08-09-17; 22 individuals, 43 entities] OFAC: Notice of OFAC Sanctions (N) [8 individuals] OFAC: Notice of OFAC Sanctions Actions (N) [6 entities]
State: In the Matter of the Designation of Hizbul Mujahideen also known as Hizb-ul-Mujahideen also known as HM as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as amended [Public Notice: 10084] (N)
State: E.O. 13224 Designation of Hizbul Mujahideen, aka Hizb-ul-Mujahideen, aka HM as a Specially Designated Global Terrorist [Public Notice: 10085] (N)
State: E.O. 13224 Designation of Abu Yahya al-Iraqi, aka Ayad Hamed Mohal al-Jumail, aka Ayad Hammed Muhal Shuab, aka Abu-Yahya, aka Iyad Hamed Mahl al- Jumaily, aka Iyad al-Jumayli, aka Ayad Hamid al-Jumaili, aka Ayad alJumaili, aka Ayad Miuhammed Mahar, aka Ayad Muhammad Mahar, aka Ayad Hamed Mohl Aljamali, aka Ayad Hamed Mahal Joumily as a Specially Designated Global Terrorist [Public Notice 10097] (N)
State: E.O. 13224 Designation of Ahmad Alkhald, aka Yassine Noure, aka Mo-
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F.R. Date
Applicable orders
08-25-17 08-29-17
hammed Nawar Mohammed Alqadhi, aka Mahmoud as a Specially Designated Global Terrorist [Public Notice 10096] (N) OFAC: Notice of OFAC Sanctions Actions (N) [6 individuals; 10 entities] OFAC: Sanctions Actions Pursuant to Executive Order 13581 (N) [unblocking of 2 individuals] OFAC: Notice of OFAC Sanctions Actions (N) [unblocking 9 individuals, 15 entities under Kingpin Act; unblocking of 1 entity under CACR; ID on 1 blocked individual under Kingpin Act]
Orders denying or restoring export privileges
During the past month, the following orders were published:
F.R. Date
Subject
State: Bureau of Political-Military Affairs; Rescission of Statutory Debarment and
08-02-17
Reinstatement of Pratt & Whitney Canada Corporation Under the Arms Export Control Act and the International Traffic in Arms Regulations [Public Notice:
10067]
BIS: Alexandre Dos Anjos Oliveira - Order Denying Export Privileges
BIS: David L. Maricola - Order Denying Export Privileges
BIS: Jose Luis Benavides-Cira - Order Denying Export Privileges
08-17-17
BIS: Mansour Moghtaderi Zadeh, aka Mansour Zadeh, aka Mita Zarek, aka Mita Zadeh - Order Denying Export Privileges
BIS: Ricardo Humberto Varela - Order Denying Export Privileges
BIS: Wenxia Man - Order Denying Export Privileges
BIS: Yasser Ahmad Obeid - Order Denying Export Privileges
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
08-03-17
08-04-17
08-22-17 08-23-17 08-29-17 08-30-17
ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [Oct. 12, 2017] ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [Dec. 14, 2017]
ITA: Corporation for Travel Promotion (dba Brand USA) (N) ITA: Request for Applicants for Appointment to the United States-Brazil CEO Forum (N)
State: Notice of Public Meeting of the International Telecommunication Advisory Committee and Preparations for Upcoming International Telecommunications Meetings [Public Notice: 10071] (N/H) [ITAC will meet 09-02-17]
State: Notifications of Proposed Export Licenses to the Congress [Public Notice: 10095] (N) BIS: Materials Technical Advisory Committee - Notice of Partially Closed Meeting (N/H) [Sept. 7, 2017] ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [Sept. 5, 2017]
BIS: Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [Sept. 12, 2017]
ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty
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F.R. Date
Subject
DHS (USCG): Chemical Transportation Advisory Committee [Docket No. USCG20170793] (N/H) [Oct. 3-5, 2017]
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month:
F.R. Date
Subject
08-07-17 08-08-17 08-30-17
CPSC: Products Containing Organohalogen Flame Retardants; Notice of Opportunity for Oral Presentation of Comments [CPSC Docket No. CPSC2015 0022] (N)
CPSC: Procedures for Disclosure or Production of Information Under the Freedom of Information Act [Docket No. CPSC20160030] (FR)
CPSC: Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates: Determinations Regarding Certain Plastics [Docket No. CPSC2016-0017] (FR)
Identifying trading partners under the Drug Supply Chain Security Act
On August 24, 2017, the U.S. Food and Drug Administration (FDA) published in the Federal Register a notice [Docket No. FDA-2017-D-1956] announcing the availability of a draft guidance for industry entitled ``Identifying Trading Partners Under the Drug Supply Chain Security Act'` (draft trading partner guidance). FDA is issuing this guidance to assist industry and State and local governments in understanding how to categorize the entities in the drug supply chain in accordance with the Drug Supply Chain Security Act (DSCSA). This guidance explains how to determine when certain statutory requirements will apply to entities that may be considered trading partners in the drug supply chain. FDA is also soliciting public input specific to the activities of "private-label distributors" of drug products and whether those activities fall within the definitions under DSCSA of the various trading partners.
Although comments on any guidance may be filed at any time, to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by October 23, 2017.
FDA's Import Trade Auxiliary Communications System (ITACS)
The FDA announced that it is planning to release its new ITACS Account Management functionality on Monday September 18, 2017.
FDA is providing trade outreach via WebEx on Tuesday September 5, 2017, Thursday September 7, 2017, and Monday September 11, 2017 to ensure that trade users are familiar with and understand the new ITACS Account Management functionality. Please see the attached document for outreach session registration information.
The webinars will include the following:
An overview of current ITACS functionality
Background and overview of the new ITACS Account Management functionality
Creating an ITACS Account
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Retrieving Notices of FDA Action from ITACS
Managing your ITACS Account, Users and Groups
Where to find ITACS and ITACS Account Management resources
All webinar sessions will contain the same material. You will only need to register for and attend one session.
Background
ITACS basic functionality provides the import trade community with four functions: the ability to check the status of FDA-regulated entries and lines, the ability to submit entry documentation electronically, the ability to electronically submit the location of goods availability for those lines targeted for FDA exam and the ability to check the estimated laboratory analysis completion dates for lines which have been sampled. No login accounts are necessary to access these functions. All that is needed is a valid Customs entry number that has been successfully transmitted to FDA.
ITACS account management functionality enables the electronic distribution of Notices of FDA Action via email and as downloads from within ITACS. It will also allow account holders to view the details of specific information requests, which are currently delivered via hard copy Notices of FDA Action. Implementation of login accounts will also allow for future enhancements requested by the Import Trade Community which require user verification.
Benefits to the trade include faster receipt of Notices of FDA Action via email or download in ITACS, no need to maintain paper copies of Notices of FDA Action as they will continue to be available in ITACS even after an entry is closed, and faster receipt of requests for specific information by email or ITACS. Note: If a firm chooses to receive their Notices of FDA Action electronically, paper copies will no longer be mailed to that firm.
ITACS account management functionality will be available to Importers of Record, Filers, and/or Consignees which have been associated with at least one previous FDA entry. ITACS accounts will be limited to one individual per firm at the corporate level. That person will have the responsibility to create and manage ITACS accounts for other users within the same firm, regardless of their location. ITACS accounts will be requested via the FDA Unified Registration and Listing System (FURLS).
More information can be found on FDA's ITACS for Industry web page.
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
08-02-17
08-03-17 08-07-17 08-09-17
Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2018 [Docket No. FDA-2017-N-0007]
Animal Generic Drug User Fee Rates and Payment Procedures for Fiscal Year 2018 [Docket No. FDA-2017-N-0007] (N)
Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection Fee Rates for Fiscal Year 2018 [Docket No. FDA-2017-N-4281] (N)
Child-Resistant Packaging Statements in Drug Product Labeling; Draft Guidance for Industry; Availability [Docket No. FDA-2017-D-2163] (N)
Product-Specific Guidances; Final Guidances for Industry; Availability [Docket No. FDA2007D0369] (N)
Expiration Dating of Unit-Dose Repackaged Solid Oral Dosage Form Drug Products; Revised Draft Guidance for Industry; Availability [Docket No. FDA 2017D0829] (N)
Chemistry, Manufacturing, and Controls Postapproval Manufacturing Changes
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F.R. Date
Subject
08-10-17 08-14-17 08-15-17
08-21-17 08-22-17
08-23-17
08-24-17 08-25-17 08-29-17 08-30-17
for Specified Biological Products To Be Documented in Annual Reports; Draft Guidance for Industry; Availability [Docket No. FDA2017D2802] (N)
Extension of Certain Tobacco Product Compliance Deadlines Related to the Final Deeming Rule; Guidance for Industry; Availability [Docket No. FDA-2017D-2834] (N)
International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Ocfentanil, Carfentanil, Pregabalin, Tramadol, Cannabidiol, Ketamine, and Eleven Other Substances; Request for Comments [Docket No. FDA-2017-N-4515] (N)
Food Additives Permitted in Feed and Drinking Water of Animals; GammaLinolenic Acid Safflower Oil [Docket No. FDA-2012-F-0949] (FR)
The Food and Drug Administration's Proposed Method for Adjusting Data on Antimicrobials Sold or Distributed for Use in Food-Producing Animals Using a Biomass Denominator; Availability [Docket No. FDA-2017-N-1197] (N)
Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 047 [Docket No. FDA 2004N0451] (N)
Identifying Trading Partners Under the Drug Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No. FDA2017D1956] (N) REMOVED by CORRECTION Notice on 08-23-17
Juice Products Association; Filing of Food Additive Petition; Correction [Docket No. FDA-2017-F-3717] (N)
International Cooperation on Harmonisation of Technical Requirements for Registration of Veterinary Medicinal Products; Studies to Evaluate the Safety of Residues of Veterinary Drugs in Human Food: General Approach to Establish an Acute Reference Dose; Guidance for Industry; Availability [Docket No. FDA2015-D-1804] (N)
Identifying Trading Partners Under the Drug Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No. FDA-2017-D-1956] CORRECTION REMOVAL (N/Removal)
Identifying Trading Partners Under the Drug Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No. FDA-2017-D-1956]
Mitigation Strategies to Protect Food Against Intentional Adulteration: What You Need To Know About the Food and Drug Administration Regulation: Small Entity Compliance Guide; Availability [Docket No. FDA-2013-N-1425] (N)
Food Safety Modernization Act Third-Party Certification Program User Fee Rate for Fiscal Year 2018 [Docket No. FDA2016N4119] (N)
Generic Drug User Fee Rates for Fiscal Year 2018 [Docket No. FDA2016N 0007] (N)
Medical Device User Fee Rates for Fiscal Year 2018 [Docket No. FDA2017 N0007] (N)
Hazard Analysis and Risk-Based Preventive Controls for Human Food: Guidance for Industry; Availability [Docket No. FDA2016D2343] (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]:
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F.R. Date
Subject
08-08-17 08-10-17 08-11-17 08-15-17 08-17-17
08-22-17
APHIS: Notice of Availability of Treatment Evaluation Document for Aircraft Treatments for Certain Hitchhiking Pests [Docket No. APHIS20160035] (N)
APHIS: Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy [Docket No. APHIS20160092] (N)
APHIS: Notice of Availability of an Evaluation of the Classical Swine Fever Status of Mexico [Docket No. APHIS20160038] (N)
APHIS: Notice of Determination of the Classical Swine Fever, Swine Vesicular Disease, African Swine Fever, Foot-and-Mouth Disease, and Rinderpest Status of Malta [Docket No. APHIS-2015-0102] (N)
FSIS: Educational Meeting on the Mandatory Inspection of Fish of the Order Siluriformes and Products Derived from Such Fish Final Rule Implementation [Docket No. FSIS-2017-0032] (N/H)
APHIS: Restrictions on the Importation of Fresh Pork and Pork Products from a Region in Mexico [Docket No. APHIS-2013-0061] (PR/W)
AMS: Cotton Research and Promotion Program: Procedures for Conduct of Sign-up Period [AMS-CN-17-0041] (FR/C)
APHIS: Importation of Hass Avocados From Colombia [Docket No. APHIS2016-0022] (FR)
GIPSA: Opportunity to Comment on the Applicants for the South Carolina Area consisting of the entire State of South Carolina, except those export port locations within the State, which are serviced by The South Carolina Department of Agriculture (N/RFC)
AMS: United States Standards for Grades of Frozen Onions [Document No. AMS-FV-08-0076; SC-17-330] (N)
AMS: U.S. Standards for Grades of Shelled Walnuts and Walnuts in the Shell [Document No. AMS-SC-16-0005, SC-16-331] (FR)
FSIS: Educational Meeting on the Mandatory Inspection of Fish of the Order Siluriformes and Products Derived from Such Fish Final Rule Implementation [Docket No. FSIS-2017-0039] (N/H)
FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on Food Hygiene [Docket No. FSIS-2017-0035] (N/H) [October 11, 2017; Chicago, November 13-17, 2017]
FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on Food Labeling [Docket No. FSIS-2017-0036] (N/H) [September 13, 2017; Asuncion, Paraguay, October 16-20, 2017]
FSIS: Codex Alimentarius Commission Committee on Fresh Fruits and Vegetables [Docket No.FSIS-2017-0037] (N/H) [September 1, 2017; Kampala, Uganda, October 2-6, 2017]
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.
Brazil - Potential Agricultural Trade Implications of the EU-MERCOSUR FTA Canada - Canada Announces CETA Cheese TRQ Administration Policy Chile - FAS Santiago Ensures Entry of U.S. Poultry Shipments China - China Releases New Draft Standards on Maximum Residue Limits Colombia - Colombia Issues Phytosanitary Import Requirements for U.S. Paddy
Rice India - Amendments in Food Additives Regulation Invites Comments
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India - Draft Amendments in Contaminants Toxins and Residues Regulations India - GOI Draft Standards for Meat - Fish - Proprietary Foods India - Nutritional labeling Requirement on Front of Packaged Foods Soon India - WTO Notified - Amendments in Tolerance Limit of Antibiotics India - WTO Notified - FSSAI Draft Standards for Cereal and Cereal Products India - WTO Notified Amendments in Indian Food Import Regulations India - WTO Notified Amendments Relating to Purity of Steviol Glycosides India GOI Draft Standards for Colostrum and Colostrum Products Indonesia - Indonesia Applies Fees to Review Import Applications Indonesia - Indonesia issues new regulation on milk supply and distribution Japan - Tariffs for Frozen Beef Rise as Special Safeguard is Applied Mexico - Mexico Announces Additional Sugar Export Quota to the United States Portugal - FAIRS - Narrative Romania - Romania Amends COOL on Milk and Dairy Russia - Technical Regulation on Safety of Fish and Fish Products Russia - VPSS Adds to its List of Quarantine Pests for Russia Spain -FAIRS - Narrative Turkey - Turkish Biosafety Board Approves Four More Biotech Traits
Publication of semiannual regulatory agenda
The following Semiannual Regulatory Agendas that may affect International Trade were published:
F.R. Date
Subject
08-24-17
Agriculture: Semiannual Regulatory Agenda, Spring 2017
Commerce: Spring 2017 Semiannual Agenda of Regulations
Consumer Product Safety Commission: Semiannual Regulatory Agenda
Defense: Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory Actions
Energy: Unified Agenda of Federal Regulatory and Deregulatory Actions
Environmental Protection Agency: Spring 2017 Regulatory Agenda [FRL-996135-OP]
General Services Administration/Department of Defense/National Aeronautics and Space Administration (Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council): Semiannual Regulatory Agenda:
Health and Human Services: Regulatory Agenda
Homeland Security: Unified Agenda of Federal Regulatory and Deregulatory Actions [DHS Docket No. OGC-RP-04-001]
Interior: Semiannual Regulatory Agenda [167D0102DM; DS6CS00000; DLSN00000.00000; DX6CS25]
Regulatory Information Service Center: Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions Transportation: Department Regulatory Agenda; Semiannual Summary [DOTOST-1999-5129] Treasury: Semiannual Agenda
Additional Federal Register documents
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
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F.R. Date
Subject
08-01-17 08-02-17
08-03-17
08-04-17
08-07-17 08-08-17 08-09-17 08-11-17 08-15-17 08-16-17 08-18-17 08-21-17
Defense Acquisition Regulations System, Department of Defense (DoD): Defense Federal Acquisition Regulation Supplement: DFARS Subgroup to the DoD Regulatory Reform Task Force, Review of DFARS Solicitation Provisions and Contract Clauses [Docket DARS20170001] (N/E)
Environmental Protection Agency (EPA): Certain New Chemicals or Significant New Uses; Statements of Findings for April 2017 [EPA-HQ-OPPT-2017-0141; FRL-9963-30] (N)
EPA: Ethaboxam; Pesticide Tolerances [EPA-HQ-OPP-2015-0676; FRL-996169] (FR)
EPA: Cyclaniliprole; Pesticide Tolerances and Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2014-0679; FRL-9963-02] (FR)
EPA: Pesticide Maintenance Fee: Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations [EPA-HQ-OPP-2017-0350; FRL-996380] (N)
EPA: Cancellation Order for Certain Pesticide Registrations and/or Amendments to Terminate Uses; Correction [EPA-HQ-OPP-2016-0618; FRL-9963-97] (N/C)
National Highway Traffic Safety Administration NHTSA): Decision that Certain Nonconforming Motor Vehicles Are Eligible for Importation [Docket No. NHTSA-2017-0060] (N/Grant of Petition)
Drug Enforcement Adm. (DEA): Proposed Adjustments to the Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2017 [Docket No. DEA-470P] (N/RFC)
Energy: Energy Conservation Program: Test Procedure for Room Air Conditioners [EERE-2017-BT-TP-0012] (RFI)
EPA: Beta cyclodextrin, methyl ethers; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2016-0507; FRL-9963-58] (FR)
DEA: Proposed Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2018 [Docket No. DEA 471N] (N/RFC)
Energy: Energy Conservation Program: Test Procedure for Dedicated-Purpose Pool Pumps [EERE2016BTTP0002] (FR)
Energy: Energy Conservation Program: Test Procedures for General Service Fluorescent Lamps, General Service Incandescent Lamps, Incandescent Reflector Lamps [EERE2017BTTP0011] (RFI)
EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for June 2017 [EPAHQOPPT20170141; FRL996534] (N)
EPA: TSCA Inventory Notification (Active-Inactive) Requirements [EPA-HQOPPT-2016-0426; FRL-9964-22] (FR)
Energy: Energy Conservation Program: General Service Incandescent Lamps and Other Incandescent Lamps Request for Data [EERE-2017-BT-NOA-0052] (N/RFI)
EPA: Prothioconazole; Pesticide Tolerances [EPA-HQ-OPP-2016-0286; FRL9964-40] (FR)
EPA: 1-Triacontanol; Exemption from the Requirement of a Tolerance [EPAHQ-OPP-2016-0259; FRL-9964-94] (FR)
EPA: Fatty acids, Rape-Oil, Triesters with Polyethylene Glycol Ether with Glycerol (3:1); Tolerance Exemption [EPA-HQ-OPP-2017-0108; FRL-9964-53] (FR)
EPA: Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides [EPA-HQ-OPP-2015-0683; FRL-9965-54] (PR)
EPA: Product Cancellation Order for Certain Pesticide Registrations [EPA HQOPP20160517; FRL996428] (N)
EPA: Potassium Salts of Naphthalenesulfonic Acids Formaldehyde Condensates; Exemption From the Requirement of a Tolerance [EPAHQOPP 20160500; FRL996421] (FR)
NHTSA/EPA: Request for Comment on Reconsideration of the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles; Request for Comment on Mod-
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F.R. Date
Subject
08-22-17 08-23-17 08-25-17 08-29-17
08-30-17
el Year 2021 Greenhouse Gas Emissions Standards [NHTSA20160068; EPAHQOAR20150827; FRL996662 OAR]
National Oceanic and Atmospheric Administration (NOAA): Notification of Receipt of a Petition to Ban Imports of All Fish and Fish Products from Mexico that Do Not Satisfy the Marine Mammal Protection Act Provisions (RFI)
NOAA: Fish and Fish Product Import Provisions of the Marine Mammal Protection Act List of Foreign Fisheries [Docket No. 170706630-7630-01] (N/RFC)
EPA: Public Hearing for Reconsideration of the Final Determination of the Midterm Evaluation of Greenhouse Gas Emissions Standards for Model Years 2022-2025 Light-duty Vehicles [EPAHQOAR20150827; FRL-9966-91OAR] (N/H)
U.S.-China Economic and Security Review Commission: Notice of open public meetings (N/H) [Sept. 7 and 8, 2017; Oct. 4 and 5, 2017]
EPA: Product Cancellation Order To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses [EPAHQ OPP20170070; FRL996427] (N)
EPA: AES Filing Compliance Date for Hazardous Waste Exports [EPAHQ RCRA20150147; FRL996676OLEM] (N) [see article above]
General Services Administration (GSA): Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment [FPMR Case 20161011; Docket No. 2016 0009; Sequence No. 1] (FR)
NHTSA: Notice to Extend the Public Comment Period for the Notice of Intent to Prepare an Environmental Impact Statement for Model Year 20222025 Corporate Average Fuel Economy Standards [Docket No. NHTSA-2017-0069] (N)
Energy: Energy Conservation Program: Test Procedure for Small Electric Motors and Electric Motors [EERE-2017-BT-TP-0047] (RFI/E)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
The Americas - South America
ARGENTINA
Importation of components devoted to the domestic oil industry
On 10 August 2017, Executive Order 629/2017 (Decreto 629/2017, "Rgimen de Importacin de Bienes Usados para la Industria Hidrocarburfera") introduced a number of changes to the current regulations applicable to the importation of components devoted to the domestic Oil Industry. The most important changes introduced are the following:
Establishes tax benefits for the importation of both used (up to 10 years old) and brand-new components devoted exclusively to the local Oil Industry. Depending on the tariff code, some components are taxed at a reduced rate (14 % - 7 %) while others are not taxed at all.
The entities entitled to these benefits are: Oil Companies (registered as such before the Ministry's Special Register) and firms which provide services to Oil Companies.
In order to get these benefits the importer must obtain an Import Certificate issued by the Secretariat of Foreign Commerce. It must be filed before the Customs Agency when performing any import and will be valid for up to 120 days since its issuance (the overall procedure to get the certificate would take around 20 days).
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Such certificate will be issued as long as there are no local suppliers of the components being imported.
If there are local producers, the importer will have to commit the purchase of locally-made products whose value adds up to a certain percentage of the products imported (depending on the tariff code, said off-set percentage ranges from 15 % to 80 %)
For additional information, please contact Esteban Pablo Rpolo or Adolfo Duranona of our Buenos Aires office.
Boletin Oficial publications
The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation].
BO Date 02-08-17 02-08-17 03-08-17 07-08-17
09-08-17
10-08-17
11-08-17
16-08-17 17-08-17
Subject
Decree 600/2017 (01-08-17) "52nd Agricultural, Livestock, Commercial, Industrial and Services Exhibition - Expo Tucumn 2017". Exempt payment of import duty and other charges.
Federal Adm of Public Revenue (AFIP): General Resolution 4100-E (31-07-17) Special Surveillance Zone. General Resolutions No. 2,599 and No. 2,928. Its repeal. Production/Commerce: Res. 594-E/2017 (31-07-17) Determination that fibre optic cables classified in NCM 8544.70.10 are not originating from Brazil, but rather USA and therefore not entitled to MERCOSUR tariff. Production/Commerce: Res. 599-E/2017 (01-08-17) certification of safety of aluminum radiators and parts or sections thereof AFIP: Disp. 204-E/2017 (02-08-17) Delegation to the General Directorate of Customs to issue the general resolutions determining the classification criteria and the reference values and criterion Decree 623/2017 (08-08-17) Declaring as an international fair "EXPOFERRETERA - International Exhibition of Articles for Hardware Stores, Sanitaryware, Paint Shops and Construction Materials". Exempting payment of import duty and other charges. Decree 621/2017 (08-08-17) Declaring as an international fair the "23rd Artisan Fair of the World and Indigenous Communities". Exempting payment of import duty and other charges Decree 622/2017 (08-08-17) Modification of Decree 509/2007 relating to ExtraZonal Import Law (DIE) duties and updating the lists of tariff positions of the Common Nomenclature of MERCOSUR (NCM) affected
Decree 629/2017 (09-08-17) "Import Regime of Goods Used for the Hydrocarbon Industry"
Decree 639/2017 (10-08-17) MERCOSUR Common Nomenclature. Repayment. National Adm. of Medicines, Food and Medical Technology (ANMAT): Disp. 9270-E/2017 (08-08-17) Prohibition of use and commercialization of certain cosmetic products ANMAT: Disp. 9264-E/2017 (07-08-17) Prohibition of use and commercialization of household products
ANMAT: Disp. 9269-E/2017 (08-08-17) Prohibition on commercialization of certain medical products Production - Commerce Sec'y: Res. 625-E/2017 (11-08-17) Regarding Drawback Production - Commerce Sec'y: Res. 626-E/2017 (11-08-17) Regarding Drawback
Production - Commerce Sec'y: Res. 627-E/2017 (11-08-17) Regarding Drawback AFIP: General Resolution 4106-E / 2017 (15-08-17) Value Added Tax. Refund
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BO Date
18-08-17 23-08-17 24-08-17 25-08-17 30-08-17
Subject
of the tax to tourists from abroad for accommodation services. Joint Standard General Resolution No. 3.971 (AFIP) and Resolution No. 566/16 (MT) and its supplementary. Supplementary standard. ANMAT: Disp. 9289-E/2017 (15-08-17) Prohibition on use and distribution of cotton swabs and other products Production- Foreign Trade: Disp. 42-E/2017 (15-08-17) Non preferential verification of origin of spectacles from Taiwan Production- Foreign Trade: Disp. 43-E/2017 (15-08-17) Non preferential verification of origin of spectacles from Taiwan AFIP: General Res. 4107-E/2017 (22-08-17) Importation of goods of foreigners who obtain permanent residence in the Argentine Republic and of Argentineans who return to reside in the country. General Resolution No. 3.109 and its amendment. Modification. AFIP: General Res. 4108-E/2017 (22-08-17) General Resolution No. 2,570, as amended and supplemented. Modification. [re "Special Customs Registers" and "Special Customs Registers"] AFIP: General Resolution 4111-E / 2017 (23-08-17) Single and fixed tariff to be paid for each destination and / or operation documented by the MALVINA Information System (SIM). General Resolution No. 563 and its amendment. Its replacement. Foreign Commerce: Decree 673/2017 (24-08-17) Modification of Decree 509/2007 National List of Exceptions to the Common External Tariff (CET) Foreign Commerce: Decree 674/2017 (24-08-17) Modification to Decrees 509/2007 and 25/2013 Exceptions to the external tariff rates (increase) Decree 679/2017 (24-08-17) International Fair Exemption from import duties and related charges for "40 Feria COAS de las Naciones 2017". ANMAT: Disp. 9575-E/2017 (25-08-17) Prohibition on commercialization of certain food products ANMAT: Disp. 9573-E/2017 (25-08-17) Prohibition on commercialization of certain food products
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
BRAZIL
Dirio Oficial da Unio publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Dirio Oficial da Unio (Official Gazette) during the period covered by this Update.
DOU Date
Subject
11-08-17
16-08-17 17-08-17
CAMEX Resolution 55 (20-07-17) Changes the Brazilian List of Exceptions to the Mercosur Common External Tariff.
CAMEX Resolution 56 (02-07-17) Adopts the Internal Regulations of the Foreign Trade Chamber.
CAMEX Resolution 57 (02-08-17) Changes the Brazilian List of Exceptions to the Mercosur Common External Tariff.
SECEX Ordinance 28 (10-08-17) amends SECEX Ordinance No. 17, dated May 9, 2017, to expand the list of entities authorized to issue Certificates of Digital Origin (COD) in trade with Argentina under the Economic Complementation Agreements (ACE) Nos. 14 and 18
SECEX Ordinance 29, (15-08-17) Establishes criteria for the allocation of quotas for imports, determined by CAMEX Resolution No. 59, of August 11, 2017.
SECEX Ordinance 30 (15-08-17) Rectified in the DOU of 08/17/2017.
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DOU Date
Subject
22-08-17
SECEX Ordinance 31 (16-08-17) Changes the Portaria SECEX n 23, of July 14, 2011, to give new wording to the art. 17, 42, VII, art. 59a and Art. 73, item III, and to revoke paragraph 1 of art. 7th
CAMEX Resolution 62/2017 (16-08-17) Dismisses the request for reconsideration submitted in the light of Camex Resolution 46, of July 5, 2017
CAMEX Resolution 63/2017 (16-08-17) Dismisses the application for reconsideration submitted in the light of Camex Resolution 48, of July 5, 2017
CAMEX Resolution 64/2017 (16-08-17) Changes to 0% (zero percent) the import tax rates on Capital Goods and Computer and Telecommunication Goods, provided that Ex-Tariffs, in force
CAMEX Resolution 69/2017 (21-08-17) Changes to 0% (zero percent) the Import Tax rates on Capital Goods, in the condition of Ex-Tariffs
CAMEX Resolution 70/2017 (21-08-17) Changes to 0% (zero percent) the Import Tax rates on the IT and Telecommunications Goods, in the condition of Ex-Tariffs
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
CHILE
National Customs postings and Diario Oficial
The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la Repblica de Chile (Official Gazette) or [Partial list; Unofficial translation].
Date
Subject
03-08-17 14-08-17 28-08-17
31-08-17
Hacienda: Exempt Resolution 4,689, of 2017.- Modifies Compendium of Customs Norms
Hacienda: Exempt Decree 298, of 2017.- Applies reductions of customs duties for the import of wheat and wheat flour or morcajo (tranquilln)
Hacienda: Decree exempt number 303, of 2017.- Applies reductions of customs duties for the import of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and substandard
Hacienda: Exempt resolution number 5,354, of 2017.- Eliminates resolution No. 428, of 2004, and approves new norms on electronic transmission of the manifest of load by air
Classification opinions, advance rulings and classification valuation and origin decisions
The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificacin) from 2010 to the present are available. Post entry Classification, valuation and origin decisions on claims (fallos de reclamaciones) at the first and second instance levels from 2003 to the present are also available.
COLOMBIA
TPTA information
Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here.
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Tariff Classification Resolutions
Tariff Classification Resolutions may be found here.
Baker & McKenzie
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
08-08-17
09-08-17
14-08-17 15-08-17 29-08-17 30-08-17
MinCIT: Circular 022 "Resolution 224 of 2017 regulates the export quotas for wheat flour, groats and wheat semolina granted by Mexico to the ordinary goods of Colombia"
MinCIT: Circular 23 "Resolution 225 of 2017 - The quotas of exports for milk and milk products granted by Mexico to the originating goods of Colombia are regulated"
MinCIT: Circular 24 "Resolution 226 of 2017 - regulates the export quota for soybean oil - sunflower or safflower, turnip or colza, granted by Mexico to goods originating in Colombia"
MinCIT: Circular 025 "Increase and expansion of the quota of unrefined sugar and panela exports from the World Trade Organization (WTO) to the United States"
MinCIT: Decree 1280 "By which the Customs Tariff is partially amended"
DIAN: External Cir. 13-2017 Suspension of preferential tariff treatment for certain goods.(Mexico FTA after verification)
DIAN: External Cir. 14-2017 Suspension of preferential tariff treatment for certain goods.(Mexico FTA after verification))
DIAN: External Cir. 15-2017 Suspension of preferential tariff treatment for certain goods.(USA FTA after verification))
DIAN: External Cir. 16-2017 Suspension of preferential tariff treatment for certain goods.(USA FTA after verification))
DIAN: External Cir. 17-2017 Suspension of preferential tariff treatment for certain goods.
DIAN: External Cir. 18-2017 Guidelines related to the processing of mandates to submit sworn declarations of origin and to request certifications of origin by the computer system of origin of the DIAN.
DIAN: Cir. 2943 Ad valorem levies applicable to reference agricultural products, their substitutes, agroindustrial products or by-products
DIAN: External Cir. 19-2017 Suspension of preferential tariff treatment for certain goods.(Mexico FTA after verification))
DIAN: External Cir. 20-2017 Suspension of preferential tariff treatment for certain goods.(USA FTA after verification))
MinCIT: Decree 1343 "By which the Customs Tariff is partially amended"
MinCIT: Circular 26 "Decree 1280 of 2017 - By which the customs tariff is partially modified"
MinCIT: Circular 27 "Decree 1242 of 2017 - By which it is partially modified from Customs"
MinCIT: Circular 28 "Gradual elimination of the letter of responsibility"
DIAN: Circular 26-2017 (15-08-17) Reference Prices of Agricultural Products
DIAN: Internal Cir. 28-2017 (29-08-17) Reference Prices of Agricultural Products
DIAN: Cir. 2950-2017 (30-08-17) Ad valorem levies applicable to reference agricultural products, their substitutes, agroindustrial products or by-products
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, reso-
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lution 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
16-08-17 17-08-17 26-08-17
External Relations: Ministerial Resolution No. 0554 / RE-2017 (16-08-17) Publication of a summary of United Nations Security Council Resolution 2371 (2017) regarding the non-proliferating of arms in the Democratic People's Republic of Korea
Congress: Law 30641 (17-08-17) Law that promotes the export of services and tourism
SUNAT: Resolution No. 055-2017-SUNAT / 300000 (17-08-17) They approve discretionary power not to determine or punish offenses provided for in the General Customs Law
SUNAT: Resolution No. 02 2017 / SUNAT / 310000 (26-08-17) Approve Specific Procedures Non-Intrusive Inspection in the Air and Postal Customs Office CONTROL-PE.01.07 (version 1)
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
Public consultation on statutory review of UN counter-terrorism listings
The Australian Department of Foreign Affairs and Trade (DFAT) invites members of the public to comment on a review of Australia's listings of five persons pursuant to United Nations Security Council (UNSC) Resolution 1373 (2001).
UNSC Resolution 1373 requires all UN Member States to prevent and suppress terrorist acts. Australia implements these obligations in Part 4 of the Charter of the United Nations Act 1945 (CotUNA) and the Charter of the United Nations (Dealing with Assets) Regulations 2008.
These laws make it a criminal offence to use or deal with the assets of, or to make assets available to, persons and entities listed by the Minister for Foreign Affairs. Under the CotUNA, listings expire after three years, unless extended by the Minister for Foreign Affairs.
This round of public consultations is for five such listings that are due to expire on 17 November 2017. The public consultation period on these five listings will be open until 5pm on Tuesday 19 September 2017. More information about listings currently under review and how to make a submission is on the DFAT website.
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Biannual indexation of certain customs duty rates for tobacco and tobacco products 1 September 2017
Department of Immigration and Border Protection (DIBP) Notice 2017/25 sets out the new rates of excise-equivalent customs duty on tobacco and tobacco products, operative from 1 September 2017.
The Customs Tariff Amendment (Tobacco Duty Harmonisation) Act 2017 (the Amendment Act) received the Royal Assent on 15 August 2017, and will commence on 31 August 2017. The Amendment Act separates the indexation provisions for tobacco products subject to a `per stick' rate from the indexation provisions for tobacco products subject to a `per kilogram' or `per kilogram of tobacco content' rate. The indexation provisions are outlined below.
Indexation provisions for tobacco products subject to a `per stick' rate
Section 19AC of the Customs Tariff Act 1995 (Customs Tariff Act) provides for the excise-equivalent customs duty rate applied to tobacco products classified to tariff subheadings where the amount of customs duty is determined on a `per stick' basis to be indexed biannually, in March and September, to the average weekly ordinary time earnings (AWOTE). In addition, from 1 September 2016 until 1 September 2020, an additional indexation factor of 12.5 per cent is applied to the September indexation subsequent to AWOTE indexation.
Indexation provisions for tobacco products subject to a `per kilogram' or `per kilogram of tobacco content'
The Amendment Act inserts Section 19ACA. This section applies to tobacco products classified to tariff subheadings where the amount of excise-equivalent customs duty is determined on a `per kilogram' or `per kilogram of tobacco content' basis. This section provides for the excise-equivalent customs duty rate applied to these goods to be adjusted biannually in March and September at the same time that the `per stick' rate is indexed. The new rate will be determined by dividing the `per stick' rate by the weight conversion factor that applies for the 12 month period commencing on 1 September of the relevant year.
Equivalent amendments were made to the Excise Tariff Act 1921.
The adjusted rates discussed above also apply to goods subject to indexation in:
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.
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TABLE 1: CUSTOMS TARIFF ACT 1995 - TARIFF SUBHEADINGS AFFECTED BY 1 SEPTEMBER 2017 AWOTE INDEXATION
CUSTOMS TARIFF SUBHEADING
2401.10.00
2401.20.00 2401.30.00 2402.10.80 2402.20.80
2402.10.20
2403.11.00 2403.19.90 2403.91.00 2403.99.80
2403.19.10
2402.20.20
NEW RATES OF DUTY OPERATIVE FROM 1 SEPTEMBER 2017
AUD $901.39/kg
AUD $901.39/kg of tobacco content
AUD $0.69858/stick
TABLE 2: EXCISE TARIFF ACT 1921 - EXCISE ITEMS AFFECTED BY 1 SEPTEMBER 2017 AWOTE INDEXATION
EXCISE TARIFF ITEM / SUBITEM
5 5.1 5.2
NEW RATES OF DUTY OPERATIVE FROM 1 SEPTEMBER 2017
Tobacco, cigars, cigarettes and snuff
AUD $0.69858 per stick
AUD $901.39 per kilogram of tobacco content
Public Consultation on proposed amendments to regulation 13E of the Customs (Prohibited Exports) Regulations 1958
The Australian Department of Defence has announced that the public and interested stakeholders are invited to comment on proposed amendments to regulation 13E of the Customs (Prohibited Exports) Regulations 1958. The intent behind the proposed amendments is to update current export control processes, bringing regulation 13E into line with the more modern regulatory powers contained in the Defence Trade Controls Act 2012 (DTC Act).
Broadly, the amendments include:
a new personal use exemption for the physical export of technology (e.g. a permit will not be required to take a computer or data storage device overseas that contains controlled software or technology where it is for personal use and will not be transferred);
legislative clarification that the physical export of controlled software and technology stored on an uncontrolled good (e.g. computer/data storage device) will require an export permit;
the provision of enhanced powers (into line with the DTC Act) for the Minister to revoke a permit where it is determined that an export would prejudice the security, defence or international relations of Australia;
specifying in legislation the criteria and matters that the Minister may have regard to when deciding whether to grant a permit;
specifying in legislation when and how Defence can impose conditions on export permits and providing a permit holder with rights of review regarding the imposition of conditions;
clarifying in legislation the application process, how permits are granted or revoked, and when and how reasons for certain decisions are disclosed;
specifying in legislation when and to whom Defence will disclose information received during the administration of export controls legislation; and
the addition of mechanisms to review decisions made under regulation 13E - decisions can be internally reviewed and applications to review a decision can also be made to the Administrative Appeals Tribunal.
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Public submissions are important to the Department of Defence and will assist in developing a strong export control framework that ensures Australia exports responsibly in line with Australia's international obligations. Once all submissions are received, Defence Export Controls will analyse the information to finalise the proposed amendments and provide advice to Government.
The proposed amendments to Regulation 13E can be viewed here and the draft Explanatory Statement can be viewed here. The closing date for submissions on the proposed amendments is close of business Friday, 8 September 2017.
Submissions can be emailed to [email protected] or posted to:
Defence Export Controls Branch, R1-1-A037, PO Box 7901, CANBERRA BC ACT 2600
DIBP notices and advices
The following Department of Immigration and Border Protection (DIBP) Notices and Cargo advices (ACCA) were issued during the period covered by this Update:
Date
Series and
Title
15-08-17 16-08-17 23-08-17
DIBP 2017/22 DIBP 2017/24 DIBP 2017/25
Introduction of a domestic mandatory safety standard: decorative alcohol fuelled devices (ethanol burners)
Increased security at Australian cargo facilities Biannual indexation of customs duty rates for certain tobacco and tobacco products 1 September 2017
Australian Tariff Precedents
The Department of Immigration and Border Protection (DIBP) and one of its predecessors, Australian Customs and Border Protection Service (ACBP) publish and post its Tariff Precedent Files. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
CHINA (INCLUDING HONG KONG SAR)
Implementation of UNSC Resolution 2371 DPRK sanctions
On August 14, 2017, the Ministry of Commerce (MOFCOM) issued Announcement 40 of 2017 which implements the import and export portions of UN Security Council Resolution 2371 imposing additional sanctions on the Democratic People's Republic of Korea (North Korea or DPRK).
First, since the date of implementation of the announcement, there is a comprehensive ban on imports from North Korea of coal, iron, iron ore, lead, lead ore, and water products. Goods which have arrived at the port before the date of promulgation shall be released. As of September 5 at zero, import procedures (including where customs has accepted the declaration but has not yet cleared the goods) will not be permitted. After that date, the entry of these products for import of goods processing will be prohibited.
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The above measures do not apply to exports from another country that confirms non-Korean origin and is re-exported via North Korea's Rakhine State, based on credible information, but the exporting State shall inform the Committee established by the UN Security Council in accordance with Resolution 1718. Chinese enterprises importing non-Korean originating coal through Ruojin Port shall handle customs clearance procedures for the notified documents submitted by the exporting country to the UN Security Council in accordance with Resolution 1718.
Third, the details of the embargo products see annex. This announcement takes effect on August 15, 2017.
Annex: A new list of products for the Korean embargo under the UN Security Council Resolution 2371.
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices [unofficial translation via automated program] were posted during the period covered by this Update (mm-dd-yy):
Date
Series and
08-03-17 GAC Notice [2017] 35
Subject
Publication of Administrative Rules (1) of Origin in 2017 (07-31-17)
08-14-17 08-08-17 08-22-17
08-23-17
08-25-17
GAC and MOFCOM Ann. 40, 2017
GAC Order [2017] 232
SDRC and MOFCOM Ann. 11
MOFCOM Ann. 46, 2017
GAC Notice [2017] 36
GAC Notice [2017] 37 GAC Notice [2017] 38
MOFCOM Ann. 47, 2017
Joint Notice [2017] No. 39
Implementation of UN Security Council Resolution 2371 (Re: DPRK)
Interim Measures for the Administration of Customs Surveillance Areas of the People's Republic of China (08-08-17)
According to the Interim Measures on the Administration of Import Tariff Quotas for Agricultural Products , the Company promulgated the Announcement on Redistribution of Import Tariff Quotas for Agricultural Products in 2017 (08-11-17)
Addition of restrictive conditions approved by the acquisition of Brocade Communications Co., Ltd. shares of the company's equity case of anti-monopoly review of the decision
Announcement on the Revision (First and Second) of the Announcement on Import and Export Tariff Commodities and Articles of 2017
Notice on Clarification of Administrative Licensing of Customs Workplace (08-22-17)
Notice on Canceling the Mode of Customs Clearance for Regional Customs Clearance (08-22-17)
Implementation of the UN Security Council Resolution 2371 prohibits the establishment of new joint venture with the DPRK and joint venture investment
AQSIQ, GAC, Ministry of Environmental Protection, MOFCOM, Development and Reform Commission: Notice on Publication of the Catalog of Imported Waste Management (2017) (08-10-17)
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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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 were issued during the period covered by this Update:
Date
Series and
Subject
CBEC
01-08-17
Cir. 33/2017
Leviability of Integrated Goods and Services Tax (IGST) on High Sea Sales of imported goods and point of collection thereof
Seeks to notify the India - Korea Comprehensive Economic 04-08-17 77/2017-Cus (NT) Cooperation Agreement (Bilateral Safeguard Measures)
Rules, 2017
09-08-17
Cir. 34/2017
Clarification of pre-GST rates of Rebates of state Levies (ROSL)for transition period of three months i.e. 1.07.2017 to 30.09.2017 for Export of garments and textile made-up articles.
11-08-17
71/2017-Cus (T)
Further amends notification No.50/2017-Customs (30-0617), so as to 1> Increase the BCD on crude soya bean oil from 12.5% to 17.5%; 2> Increase the BCD on crude palm oil of edible grade from 7.5% to 15%; and 3> Increase the BCD on refined palm oil of edible grade from 15% to 25%.
Tariff Notification in respect of Fixation of Tariff Value of 14-08-17 78/2017-Cus (NT) Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold
and Sliver- Reg.
16-08-17
72/2017-Cus (T)
Supersedes Notification No. 27/2002- Customs (01-03-02) and provides exemption to temporary import of goods from Customs duty leviable under First Schedule to the Customs Tariff Act, 1975 and from the whole of the integrated tax leviable under sub-section (7) of section 3 of the Customs Tariff Act, 1975 subject to specified conditions.
Cir. 35/2017
Guidelines for provisional release of seized imported goods pending adjudication under Section 110A of the Customs Act, 1962.
Amendment in Notification no. 131/2016-Customs (N.T.) 79/2017-Cus (NT) dated 31.10.2016 relating to AIRs of Duty Drawback on
Gold Jewellery, Silver Jewellery and Silver Articles
17-08-17
80/2017-Cus (NT)
Amendment to notification no. -83/2012- Customs (N.T.) dated 17.09.2012 [Specifies classes who must pay bills
electronically]
81/2017-Cus (NT)
Specifies the classes of importers who shall pay customs duty electronically
Seeks to further amend notification no. 60/2011-customs 18-08-17 73/2017-Cus (T) dated 14-07-11 to give effect to renewed MoU on India-
Bangladesh border haats
28-08-17 Cir. 36/2017 Implementing electronic sealing for containers by exporters
Tariff Notification in respect of Fixation of Tariff Value of
83/2017-Cus (NT) Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold
31-08-17
and Sliver-
F.No.450/10/2017 Clarification on difficulties related to recent amendments in
-CUSIV
Customs Act, 1962.
DGFT
See next month's edition for DGFT notices, etc.
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Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
JAPAN
METI updates the End User List
From April 2002, when catch-all control was introduced, the Ministry of Economy, Trade and Industry (METI) has issued the End User List, providing exporters with information on foreign entities for which concern cannot be eliminated regarding involvement in activities such as the development of weapons of mass destruction (WMDs) and other items, for the purpose of enhancing the effectiveness of the catch-all control on cargos and other loads relating to WMDs and other items. (Catch-all control is a system that obliges exporters to submit an application for an export license for goods that may be used for the development of WMDs even if they are not subject to export restrictions under international agreements.) On August 9, METI announced that it has revised the End User List based on the latest information.
For the purpose of enhancing the effectiveness of catch-all control, the End User List provides exporters with reference information on foreign entities for which concern cannot be eliminated regarding involvement in activities such as the development of WMDs and other items. It is not an embargo list. If the user of the cargos and other items to be exported is found in the List, exporters are required submit an application for an export license except in the case where it is evident that the cargos or other items will not be used for activities such as the development of WMDs and other items.
Information on the entities involved in programs related to WMDs and ballistic missile development was added to the End User List as indicated below.
No. Country or Region Company or organization 5 United Arab Emirates Euromoto Middle East FZE
118 Matin Sanat Nik Andishan
158
Islamic Republic of Iran
Qeshm Madkandaloo Shipbuilding Cooperative Co
164 Rayan Roshd Afzar Company
259 North Korea (DPRK)
394 431 432
436 People's Republic of China
439
440
Korea Computer Center
Abascience Tech Co. Ltd Raybeam Optronics Co. Ltd. Raytronic Corporation, Limited Shanghai Gang Quan Trade Co. ()
Shanghai North Begins International ()
Shanghai North Transway Inter-
Also Known as
Iranian Novin Systems Management MASNA MSNA Mad Kandalu Company Mad Kandalu Shipbuilding Cooperative Mad Kandalu Shipbuilding Cooperative qeshm Madkandalou Company Rayan Roshd Company Rayan Roshd Choson Computer Center Chung Sun Computer Center Korea Computer Company
Shanghai Bingzhi Guoji Maoyi Youxian Gongsi
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No. Country or Region
446 452 458 460 461 466 468
472
475
Islamic Republic of Pakistan
476
478 479 485 486 494 498
Company or organization national Trading Co. Sunway Tech Co., Ltd Ahad International Creative Dynamics Engineering Engineering Solutions Pvt. Ltd. FACO Trading Imam Group Interscan KMA International Import and Export Co. Makkays Hi-Tech Systems Maritime Technology Complex (MTC) Micado MSN International New Auto Engineering (NAE) Oriental Engineers Premier International Sumico Technologies
Also Known as Creative Dynamics Pana Communication Inc. Zaib Electronics.
Align Impex
MALAYSIA
Federal Government Gazette
The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette
Date 01-08-17 14-08-17
24-08-17
Matter
P.U. (B) 397/2017 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 404/2017 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 405/2017 Notification of Values of Crude Palm Oil Under Section 12 Customs Act 1967 P.U. (B) 422/2017 Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 423/2017 Notification of Values of Palm Kernal 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.
NEW ZEALAND
Trial underway to accelerate critical clearance
On 4 August 2017, the N.Z. Customs Service announced that a three-week pilot is underway to accelerate the clearance of time-critical goods held in Customs Controlled Areas (CCAs). It applies to cash import entries where a "Customs clearance is held pending payment of Customs duty/ GST and / or charges." If successful, this will be rolled out nationwide.
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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
The trial was initiated after a discussion with a specialist CCA / broker about importing goods with a limited lifespan, making timely clearance and delivery critical.
The current clearance processes is:
Import entries are lodged by brokers for clients with Customs deferred payment accounts
Consignments are "Delivered Duty Paid" (DDP), meaning all charges are paid by the supplier, who is invoiced by the broker later
A broker submits an import entry on their "broker-deferred" account to ensure that charges are not passed on to the NZ client
Trade Single Window (TSW) automatically adjusts the "broker-deferred" entry status and changes it to a "client-deferred" entry
The broker and Customs cannot change the entry back to "broker-deferred", only to a "cash entry", which requires payment at a Customs public counter.
In this case, the only payment required was the Import Entry Transaction Fee (IETF) - duty and GST aren't applicable for these types of shipments. Customs saw that its blanket approach to clearances wasn't working for this customer as the shipments were time critical and needed immediate clearance.
The resulting trial allows the broker to "direct credit" the IETF fee to Customs' bank account. Once received, Customs arranges for the delivery order and tax invoice to be sent. The broker can remove goods from their CCA out-of-hours by completing an import entry that has been processed by Customs with the response "Goods cleared from Customs pending the payment of Customs charges."
This trial only applies to cash import entries where "Customs clearance is held pending payment of Customs duty/ GST and / or charges." If a cash import entry is held or stopped for any reason other than payment required, it cannot be released.
This trial is based on R9 Accelerator, where the objective is to work on projects that solve major pain points for businesses and reduce their costs of dealing with government. An update on the trial and wider rollout will be provided in due course.
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
Circular 79/2017 / TT-BTC dated 01/8/2017 of the Ministry of Finance on amend-
01-08-17
ing and supplementing Item b1, Point b, Clause 4, Article 48 of the Circular No. 156/2013 / TT-BTC dated 06/11/2013 of the Ministry of Finance guiding the im-
plementation of some articles of the Law on Tax Administration.
02-08-17
Official Letter No. 5100 / TCHQ-TXNK dated 02/8/2017 of the General Department of Customs on the classification of goods (semi-trailers)
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Date
Reference and Matter
Official Letter No. 5101 / TCHQ-TXNK dated 02/8/2017 by the General Depart-
ment of Customs on electric cables
Official Letter No. 5112 / TCHQ-TXNK dated 02/8/2017 by the General Depart-
ment of Customs on Refund of import tax due to wrong payment.
Document No. 5113 / TCHQ-TXNK dated 02/8/2017 of the General Department
of Customs on Delayed payment of surcharges
Decision No. 1137 / Q-TTg dated 03/8/2017 of the Prime Minister approving the
03-08-17 Scheme on enhancing the competitiveness of Vietnam's export commodities up
to 2020 with orientation to 2030
Directive No. 6524 / CT-BNN-KHCN dated 07/8/2017 of the Ministry of Agriculture
and Rural Development on strengthening capacity for accessing the Fourth Indus-
trial Revolution
07-08-17 Official Letter No. 5223 / TCHQ-TXNK dated 07/8/2017 by the General Depart-
ment of Customs on the classification of non-woven fabrics
Official Letter No. 5201 / TCHQ-TXNK dated 07/8/2017 by the General Depart-
ment of Customs on Classification of IPS Source
Official Letter No. 5273 / TCHQ-TXNK dated 08/8/2017 by the General Depart-
08-08-17 ment of Customs on the implementation of electronic tax and customs clearance
scheme 24/7
09-08-17
Official Letter No. 5283 / TCHQ-TXNK dated 09/8/2017 by the General Department of Customs on the classification of processed walnuts
10-08-17
Official Letter No. 5313 / TCHQ-TXNK dated 10/8/2017 of the General Department of Customs on the refund of the already paid tax amount
11-08-17
Official Letter No. 5337 / TCHQ-TXNK dated 11/8/2017 of the General Department of Customs on the tax policy for non-refundable aid goods
Decision No. 3117 / Q-BCT dated 14/8/2017 of the Ministry of Industry and
Trade on supplementing the list of machines, equipment, materials and raw mate-
rials that can be produced domestically.
14-08-17 Official Letter No. 5378 / TCHQ-TXNK dated 14/8/2017 of the General Depart-
ment of Customs on the import tax rate (paper item of heading No. 48.02)
Official Letter No. 5368 / TCHQ-TXNK dated 14/8/2017 of the General Depart-
ment of Customs on tax debt
Official Letter No. 5384 / TCHQ-GSQL dated 15/8/2017 by the General Depart-
15-08-17 ment of Customs on the implementation of Decision No. 15/2017 / QD-TTg on
goods sent via postal service
Decision No. 303 / Q-QLD dated 18/8/2017 of the Drug Administration of Vi-
etnam - Ministry of Health on withdrawing circulation registration number from the
list of drugs granted registration number in Vietnam, To suspend the circulation
and withdrawal of drugs currently circulating in Vietnam
18-08-17
Official Letter No. 5485 / TCHQ-TXNK dated 18/8/2017 by the General Department of Customs on VAT on raw materials imported
Official Letter No. 5487 / TCHQ-TXNK dated 18/8/2017 by the General Depart-
ment of Customs on the classification of "Sprockets"
Official Letter No. 5488 / TCHQ-TXNK dated 18/8/2017 by the General Depart-
ment of Customs on the classification of & quot; Elevator tractors & quot;
Official Dispatch No. 5524 / TCHQ-TXNK dated 21/8/2017 of the General De-
21-08-17 partment of Customs on the processing of import duty on processing goods from
PTQ
Official Letter No. 5531 / TCHQ-TXNK dated 22/8/2017 by the General Depart-
ment of Customs on the classification of goods (specialized cars for lifting people
22-08-17 with disabilities on board)
Document No. 5529 / TCHQ-TXNK dated 22/8/2017 of the General Department
of Customs on the handling of taxes on fire materials
Official Letter No. 5654 / TCHQ-GSQL dated August 25, 2017 of the General De-
25-08-17 partment of Customs guiding the implementation of some contents of the VN-
EAEV FTA.
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Europe, Middle East and North Africa
European Union and EFTA
EU and UN implement additional sanctions against Libya
In recent days, the European Union ("EU") has implemented measures giving effect to United Nations Security Council ("UNSC") resolutions targeting Libya's oil sector. Additionally, the UNSC has recently sanctioned one further entity.
On 4 August 2017, the European Union adopted:
Council Regulation (EU) 2017/1419 of 4 August 2017 amending Regulation (EU) 2016/44 (see here) and Council Decision (CFSP) 2017/1427 of 4 August 2017 amending Decision (CFSP) 2015/1333 (see here), which implement UNSC Resolution 2362 (2017) expanding sanctions laid out in Resolution 2146 (2014); and
Commission Implementing Regulation (EU) 2017/1423 of 4 August 2017 amending Council Regulation (EU) 2016/44 (see here) and Council Implementing Decision (CFSP) 2017/1429 of 4 August 2017 implementing Decision (CFSP) 2015/1333 (see here), which reflect the UNSC's addition of the vessel Capricorn to the list of vessels subject to restrictive measures. See also the following notice from the UK's Office of Financial Sanctions Implementation ("OFSI") in relation to this measure.
These measures give effect to the UNSC's expansion of sanctions on illegal oil exports from Libya to cover vessels loading, transporting, or discharging petroleum, including crude oil and refined petroleum products, for export from Libya.
In addition, on 2 August 2017, the United Nations Security Council Committee concerning Libya approved the addition of 1 entry, the vessel Lynn S, to its list of individuals and entities subject to an asset freeze. This measure, adopted pursuant to Resolution 2146 (2014), is a response to information received from the Libyan government that the vessel is transporting gasoil illicitly exported from Libya. As set out in the OFSI notice dated 3 August 2017, this listing has been added to the UK's consolidated list of financial sanctions targets. Unless the EU implements corresponding sanctions under EU Regulation 2016/44 by 1 September 2017, the asset freeze will cease to apply from 11:59 p.m. on this date until the date of such EU listing.
If you have any questions, please contact Ross Denton of our London office, or any member of the European International Commercial and Trade group with whom you normally work.
EU imposes sanctions on three Russian individuals and three Russian companies in response to the delivery of Siemens' turbines to Crimea
The European Union has imposed sanctions on three Russian individuals, including Deputy Energy Minister Andrey Cherezov, and three Russian companies, including two of Siemens' contracting companies, in response to the delivery of Siemens' gas turbines to Crimea in violation of EU sanctions.
On 4 August 2017 the Council of the European Union published Implementing Regulation (EU) 2017/1417, to amend Annex 1 to Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. The imposition
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of sanctions on the three individuals and three companies is in response to gas turbines (used for the development of new power plants) being supplied from Russia. This is a contravention of the EU's prohibition of the supply of key equipment for the creation, acquisition or development of infrastructure projects in Crimea and Sevastopol.
The Council highlighted that this action undermined the EU's non-recognition policy of the illegal annexation of Crimea and Sevastopol and supported their separation from Ukraine, as the purpose of the power plants was to establish an independent power supply for Crimea and Sevastopol.
The following individuals and entities have been sanctioned:
Andrey Cherezov (Vice-Minister for Energy of the Russian Federation)
Evgeniy Grabchak (Head of Department in the Energy Ministry of the Russian Federation)
Sergey Topor-Gilka (Director General of OAO VO Technopromexport)
OAO `VO Technopromexport'
OOO `VO Technopromexport'
ZAO Interavtomatika
Further details, including full reasons for the designations, are set out in Implementing Regulation (EU) 2017/1417 and Council Decision (CFSP) 2017/1418.
If you have any questions, please contact Ross Denton of our London office, or any member of the European International Commercial and Trade group with whom you normally work.
Commission issues notice on market surveillance of products sold online
On 1 August 2017, the Official Journal published Commission Notice on the market surveillance of products sold online [2017/C 250/01]. The objective of the Notice is to assist Member State authorities in the enforcement of EU legislation on the safety and compliance of non-food products. The document refers to tangible goods and excludes non-embedded software and applications. The Notice concerns the application of the General Product Safety Directive and of Regulation (EC) No 765/2008, the two main legislative acts governing market surveillance and safety and compliance of products in online sales. The Notice also sets out good practices for the market surveillance of products sold online and for communication with businesses and consumers. The introduction states in part:
The internet has changed how consumers shop and businesses advertise and sell their goods and services. E-commerce enables consumers and businesses to interact differently and increases consumer welfare because of lower online prices and greater choice. E-commerce is experiencing rapid growth and has the potential to contribute considerably to the growth objectives of the European Union (EU) (2).
However, the development of e-commerce poses certain challenges regarding the protection of the health and safety of consumers and other end-users from dangerous non-food products and/or products that do not comply with the requirements set out in Union harmonisation legislation on products (`non-compliant products') (3). In this regard, and compared to offline, market surveillance authorities in the Member States face numerous difficulties, of which the following are examples:
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(i) difficulties with regard to tracing products offered for sale online and identifying the responsible economic operators;
(ii) the increase in the number of economic operators located outside the territory of the EU offering products for sale online; this includes sales directly to EU consumers and other end-users, renders the enforcement of product rules challenging;
(iii) challenges in conducting risk assessments or safety tests due to the lack of physical access to products;
(iv) difficulties in sampling products for testing, as relevant laws in certain Member States do not permit purchases to be made online or anonymous purchases (such as mystery shopping);
(v) challenges in the application of Directive 2001/95/EC of the European Parliament and of the Council on general product safety (General Product Safety Directive) (4) as well as of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products (5) related to the online environment;
(vi) lack of awareness among consumers and businesses about buying and selling safe and compliant products online.
***
Improved enforcement of EU rules for products sold online contributes to ensuring that non-food products are safe and compliant and further contributes to the protection of the health and safety of consumers or other endusers within the EU. Improved product safety and compliance in e-commerce increases trust in online markets and leads to e-commerce development. Better enforcement also helps ensure a level playing field among economic operators in the traditional and online supply chains and among operators located in and outside the EU. This Notice therefore contributes to one of the priorities of the Commission: the further development of the Digital Single Market.
This Notice is addressed to the Member States and to Iceland, Liechtenstein and Norway as signatories of the Agreement on the European Economic Area (6) (EEA). References to the EU, the Union or the Single Market should therefore be understood as referring to the EEA, or to the EEA market.
This Notice is intended to contribute to a better understanding of EU product legislation and to a more uniform and coherent application of that legislation in terms of products sold online. It takes into account discussions with Member State authorities and stakeholders in a collaborative process that extended from 2013 to 2016.
Commission amends regulation classifying a four wheeled vehicle
Commission Implementing Regulation (EU) 2017/1477 of 11 August 2017 amending Regulation (EC) No 1051/2009 concerning the classification of certain goods in the Combined Nomenclature revised the table of the Annex to Regulation (EC) No 1051/2009 by deleting point 2, to conform to the Judgment of the Court of Justice of 22 September 2016, Kawasaki Motors Europe, C-91/15, ECLI:EU:C:2016:716.
By Regulation (EC) No 1051/2009, the Commission had classified a new fourwheeled vehicle described in the first column of point 2 of the table of the Annex to that Regulation under CN code 8701 90 90. In Case C-91/15 Kawasaki, the Court of Justice ruled that point 2 of the table of the Annex to Regulation (EC) No 1051/2009 is invalid in so far as it classifies the vehicle in question under subheading 8701 90 90 of the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, as amended by Commission Regulation (EC) No 948/2009, and not under subheadings 8701 90 11 to 8701 90 39 of that Combined Nomenclature. The provision declared invalid is deleted in order to avoid potential divergences in tariff classification of certain vehicles and to ensure the uniform application of the Combined Nomenclature within the Union.
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Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
No amendments to the Explanatory Notes to the Combined Nomenclature of the European Union were published in the Official Journal during the period covered by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database.
Official Journal documents
The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union:
OJ Date
Subject
01-08-17 02-08-17 03-08-17 04-08-17
Commission Implementing Regulation (EU) 2017/1405 of 31 July 2017 amending Regulation (EC) No 847/2006 as regards the Union's tariff quotas for certain prepared or preserved fish originating in Thailand
Commission Notice on the market surveillance of products sold online [2017/C 250/01]
Commission Regulation (EU) 2017/1407 of 1 August 2017 correcting the Bulgarian, Finnish, German, Portuguese and Spanish language versions of Regulation (EU) No 432/2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health
Commission Implementing Regulation (EU) 2017/1409 of 1 August 2017 amending Implementing Regulation (EU) No 75/2013 and Regulation (EC) No 951/2006 as regards the additional import duties in the sugar sector and the calculation of the sucrose content of isoglucose and certain syrups
Commission Regulation (EU) 2017/1410 of 2 August 2017 amending Annexes II and III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products
Commission Regulation (EU) 2017/1413 of 3 August 2017 amending Annex IV to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products
Commission Implementing Regulation (EU) 2017/1414 of 3 August 2017 amending Annex I to Regulation (EC) No 798/2008 as regards the entries for the former Yugoslav Republic of Macedonia, the United States, South Africa and Zimbabwe in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through
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OJ Date
Subject
05-08-17
08-08-17
09-08-17 10-08-17 11-08-17
the Union in relation to highly pathogenic avian influenza
Commission Implementing Decision (EU) 2017/1415 of 3 August 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 5571)
Commission Implementing Decision (EU) 2017/1416 of 3 August 2017 concerning certain protective measures relating to African swine fever in Romania (notified under document C(2017) 5570)
Council Decision (CFSP) 2017/1424 of 4 August 2017 in support of OSCE activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former Yugoslav Republic of Macedonia and Georgia
Amendments to Regulation No 138 of the Economic Commission for Europe of the United Nations (UN/ECE) -- Uniform provisions concerning the approval of Quiet Road Transport Vehicles with regard to their reduced audibility
Commission Delegated Regulation (EU) 2017/1430 of 18 May 2017 supplementing Council Regulation (EC) No 207/2009 on the European Union trade mark and repealing Commission Regulations (EC) No 2868/95 and (EC) No 216/96
Commission Implementing Regulation (EU) 2017/1431 of 18 May 2017 laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 207/2009 on the European Union trade mark
Commission Regulation (EU) 2017/1432 of 7 August 2017 amending Regulation (EC) No 1107/2009 of the European Parliament and the Council concerning the placing of plant protection products on the market as regards the criteria for the approval of low-risk active substances
Council Decision (EU) 2017/1435 of 17 July 2017 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 the Republic of Moldova, of the other part, with regard to the adoption of the EU-Republic of Moldova Association Agenda
Commission Implementing Decision (EU) 2017/1437 of 4 August 2017 concerning certain protective measures relating to African swine fever in the Czech Republic (notified under document C(2017) 5418)
Commission Implementing Decision (EU) 2017/1438 of 4 August 2017 amending Decision 2007/131/EC on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (notified under document C(2017) 5456)
Corrigendum to Commission Implementing Regulation (EU) 2017/1434 of 7 August 2017 fixing the import duties in the cereals sector applicable from 8 August 2017( OJ L 205, 8.8.2017 )
Commission Implementing Decision (EU) 2017/1445 of 8 August 2017 on the group of products whose principal intended action, depending on proanthocyanidins (PAC) present in cranberry (Vaccinium macrocarpon), is to prevent or treat cystitis (notified under document C(2017) 5341)
Regulation No 103 of the Economic Commission for Europe of the United Nations (UNECE) -- Uniform provisions concerning the approval of replacement pollution control devices for power-driven vehicles [2017/1446]
Commission Implementing Regulation (EU) 2017/1455 of 10 August 2017 concerning the non-renewal of approval of the active substance picoxystrobin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Implementing Decision (EU) 2017/1460 of 8 August 2017 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States (notified under document C(2017) 5471)
Commission Implementing Decision (EU) 2017/1461 of 8 August 2017 amending Annex II to Decision 2007/777/EC as regards the list of third countries or
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OJ Date
Subject
12-08-17 15-08-17 17-08-17
parts thereof from which the introduction into the Union of meat products and treated stomachs, bladders and intestines is authorised (notified under document C(2017) 5472)
Decision No 1/2017 of the CARIFORUM-EU Special Committee on Customs Cooperation and Trade Facilitation of 7 July 2017 on a derogation from the rules of origin laid down in Protocol I to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, to take account of the special situation of the Dominican Republic with regard to certain textile products [2017/1463]
Commission communication in the framework of the implementation of Commission Delegated Regulation (EU) No 65/2014 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of domestic ovens and range hoods and of Commission Regulation (EU) No 66/2014 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for domestic ovens, hobs and range hoods (Publication of titles and references of harmonised standards under Union harmonisation legislation) ( 2017/C 267/01)
Commission communication in the framework of the implementation of Commission Delegated Regulation (EU) No 665/2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners and of Commission Regulation (EU) No 666/2013 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for vacuum cleaners (Publication of titles and references of harmonised standards under Union harmonisation legislation) (2017/C 267/02)
Commission communication in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (Publication of titles and references of European standards under the directive) (2017/C 267/03)
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 titles and references of harmonised standards under Union harmonisation legislation) (2017/C 267/04)
Commission Delegated Regulation (EU) 2017/1464 of 2 June 2017 amending Council Regulation (EC) No 1215/2009 as regards trade concessions granted to Kosovo following the entry into force of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part
Commission Implementing Regulation (EU) 2017/1466 of 11 August 2017 on opening and providing for the administration of Union tariff quotas for wines originating in Kosovo
Commission Implementing Regulation (EU) 2017/1467 of 11 August 2017 amending Regulation (EU) No 1255/2010 as regards the import tariff quota for `baby beef' products originating in Kosovo
Commission Implementing Regulation (EU) 2017/1473 of 14 August 2017 amending Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries
Commission Implementing Regulation (EU) 2017/1477 of 11 August 2017 amending Regulation (EC) No 1051/2009 concerning the classification of certain goods in the Combined Nomenclature
Commission Implementing Regulation (EU) 2017/1478 of 16 August 2017 amending Annex I to Regulation (EC) No 1439/95, Annex III to Regulation (EC) No 748/2008 and Annex III to Implementing Regulation (EU) No 593/2013 as regards the authority empowered to issue documents and certificates in Argentina
Commission Implementing Decision (EU) 2017/1481 of 14 August 2017 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(2017) 5589)
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OJ Date
Subject
18-08-17 19-08-17
22-08-17
24-08-17 25-08-17 26-08-17 29-08-17 31-08-17
Corrigendum to Commission Delegated Regulation (EU) 2016/2095 of 26 September 2016 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis ( OJ L 326, 1.12.2016 )
Commission Implementing Decision (EU) 2017/1484 of 17 August 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 5778)
Commission Implementing Regulation (EU) 2017/1488 of 18 August 2017 amending for the 274th 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
Recommendation No 1/2017 of the EU-Republic of Moldova Association Council of 4 August 2017 on the EU-Republic of Moldova Association Agenda [2017/1489]
Commission Implementing Regulation (EU) 2017/1490 of 21 August 2017 concerning the authorisation of manganous chloride tetrahydrate, manganese (II) oxide, manganous sulphate monohydrate, manganese chelate of amino acids hydrate, manganese chelate of protein hydrolysates, manganese chelate of glycine hydrate and dimanganese chloride trihydroxide as feed additives for all animal species
Commission Implementing Regulation (EU) 2017/1491 of 21 August 2017 renewing the approval of the active substance 2,4-DB in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Implementing Regulation (EU) 2017/1492 of 21 August 2017 concerning the authorisation of cholecalciferol as a feed additive for all animal species
Commission Implementing Regulation (EU) 2017/1496 of 23 August 2017 concerning the non-renewal of approval of the active substance DPX KE 459 (flupyrsulfuron-methyl), in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011
Commission Regulation (EU) 2017/1495 of 23 August 2017 amending Regulation (EC) No 2073/2005 as regards Campylobacter in broiler carcases
Commission Delegated Regulation (EU) 2017/1499 of 2 June 2017 amending Annexes I and II to Regulation (EU) No 510/2011 of the European Parliament and of the Council for the purpose of adapting them to the change in the regulatory test procedure for the measurement of CO2 from light commercial vehicles
Commission Delegated Regulation (EU) 2017/1502 of 2 June 2017 amending Annexes I and II to Regulation (EC) No 443/2009 of the European Parliament and of the Council for the purpose of adapting them to the change in the regulatory test procedure for the measurement of CO2 from light duty vehicles
Commission Implementing Regulation (EU) 2017/1506 of 28 August 2017 renewing the approval of the active substance maleic hydrazide in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Regulation (EU) 2017/1510 of 30 August 2017 amending the Appendices to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards CMR substances
Commission Implementing Regulation (EU) 2017/1511 of 30 August 2017 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-methylcyclopropene, betacyfluthrin, chlorothalonil, chlorotoluron, cypermethrin, daminozide, deltamethrin, dimethenamid-p, flufenacet, flurtamone, forchlorfenuron, fosthiazate, indoxacarb, iprodione, MCPA, MCPB, silthiofam, thiophanate-methyl and tribenuron
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Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established, amended or corrected:
OJ Date
Restrictive Measure
03-08-17 04-08-17
05-08-17
11-08-17 25-08-17 26-08-17
Commission Implementing Regulation (EU) 2017/1411 of 2 August 2017 amending for the 273rd 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
Council Implementing Regulation (EU) 2017/1417 of 4 August 2017 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Decision (CFSP) 2017/1418 of 4 August 2017 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Decision (CFSP) 2017/1427 of 4 August 2017 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Council Regulation (EU) 2017/1419 of 4 August 2017 amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
Commission Implementing Regulation (EU) 2017/1423 of 4 August 2017 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
Council Implementing Decision (CFSP) 2017/1429 of 4 August 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Council Implementing Regulation (EU) 2017/1420 of 4 August 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2017/150
Council Decision (CFSP) 2017/1426 of 4 August 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/154
Council Implementing Decision (CFSP) 2017/1458 of 10 August 2017 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Commission Implementing Regulation (EU) 2017/1456 of 10 August 2017 amending Council Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
Council Implementing Decision (CFSP) 2017/1459 of 10 August 2017 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Commission Implementing Regulation (EU) 2017/1457 of 10 August 2017 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
Commission Implementing Regulation (EU) 2017/1500 of 23 August 2017 amending for the 275th 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 Commission Implementing Regulation (EU) 2017/1390 of 26 July 2017 amending for the 272nd 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-Qaeda organisations ( OJ L 195, 27.7.2017 )
Council Regulation (EU) 2017/1501 of 24 August 2017 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic Peo-
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OJ Date
Restrictive Measure
31-08-17
ple's Republic of Korea
Council Decision (CFSP) 2017/1504 of 24 August 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Council Decision (CFSP) 2017/1512 of 30 August 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007
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
03-08-17
10-08-17 31-08-17
Europe & Foreign Affairs: 19 Decree No. 2017-1221 of 1 August 2017 on the publication of the Agreement amending the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States, Of the other part, signed in Cotonou on 23 June 2000, signed by France in Ouagadougou on 22 June 2010
Armed Forces: 23 Order of 31 July 2017 amending the Order of 27 June 2012 on the list of war materials and similar materials subject to prior export authorization and defense-related products subject to prior authorization for transfer
2 Law 2017-1248 of 9 August 2017 authorizing the ratification of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism
Interior: 1 Decree No. 2017-1308 of 29 August 2017 on the marketing and use of precursors of explosives
Ecological: 8 Decree No. 2017-1309 of 29 August 2017 amending Decree No. 2008-209 of 3 March 2008 concerning the procedures applicable to the treatment of spent fuel and radioactive waste from abroad
Notices to importers
The following notices were posted by Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) :
Release Date
Ref. No. and Subject
10-08-17
2017/40 - Notice to importers of crystalline silicon photovoltaic modules and their essential components (cells) originating in the People's Republic of China
11-08-17
2017/41 - Notice to importers of certain corrosion-resistant steels originating in the People's Republic of China
2017/42 - Notice to importers of certain cast articles originating in the People's
Republic of China
22-08-17
2017/43 - Notice to importers of certain fish and fishery products originating in Bosnia and Herzegovina
2017/44 - Notice to Importers of Clothing from the Dominican Republic
2017/45 - Notice to importers of wines originating in Kosovo
24-08-17 2017/46 - Notice to importers of certain reinforcing bars and reinforcing rods, orig-
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Release Date
Ref. No. and Subject
inating in Belarus
DA 17-033 (BOD (Customs Bulletin) 7196) Fees and Taxes Applicable to Energy Products Effective September 1, 2017
2017/47 - Notice to importers of crystalline silicon photovoltaic modules and their 25-08-17 essential components (cells) originating in or coming from the People's Republic
of China
ESTONIA
New Customs Act enters into force agency license required for direct representation
On 1 July 2017, the new Customs Act (Tolliseadus) enters into force. The Customs Act was adopted and 23 May 2017 and issued by the President of the Republic on 8 June 2017. The Customs Act supplements the EU's Union Customs Code. One significant change is that the the new Customs Act amends the requirements for lodging a customs declaration by direct representation of the customs representative. Until now, a license was required for the customs agency only in the case of indirect representation. However, from 1 July 2017, a license for the customs agency is also required for direct representation. In addition to the requirement for an activity license of a customs agency, the customs representative also is required to have competent customs agents present. By way of exception, however, a customs agency license is not required if a natural person submits a customs declaration for another natural person and representation is not his economic activity.
The amendment does not apply to persons who continue to make customs declarations themselves, i.e., declarations on behalf of a company by their authorized personnel, or use the customs agency's service in accordance with current procedures.
IRELAND
Revenue announces launch of Customs Decisions System
Under the Union Customs Code (UCC) all traders' interaction with Revenue for customs purposes must be done electronically.
The Customs Decisions System (CDS) will be introduced on 2 October 2017. This will allow traders to use an EU trader portal to apply for and manage customs decisions. The CDS will be used to exchange and store information in relation to 22 specific customs decisions (see table below).
The CDS is a centrally developed EU (European Union) system. It will be implemented simultaneously with the EU harmonised trader interface supported by the Uniform User Management and Digital Signature system (UUMDS).
Main features
The CDS will:
allow the electronic processing and storage of applications and authorisations
allow traders to apply for and manage their customs decisions via a single EU interface
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make it possible for EU customs authorities to consult with each other about the granting and management of authorisations which are valid in more than one Member State
provide system-to-system access for our existing import, export and transit systems to authorisation data, in order to check the existence and validity of customs decisions.
DECISIONS FOR WHICH THE CDS CAN BE USED
DECISION Authorised Consignee Transit Authorised Issuer Authorised Consignor Transit Authorised Consignee TIR Authorised Weigher of Bananas Centralised Clearance Comprehensive Guarantees
Customs Value
Customs Warehousing
Deferred Payment
Entry of data in declarant's records
Electronic Transport Documents
End Use
Inward Processing
Outward Processing Regular Shipping Services Self-Assessment Simplified Declaration
Special Seals
Temporary Admission
Transit Reduced Dataset
Temporary Storage
ACRONYM ACE ACP ACR ACT AWB CCL CGU
CVA CW1, CW2, CWP DPO
EIR
ETD
EUS IPO OPO RSS SAS SDE SSE TEA TRD TST
DESCRIPTION Applications and authorisations for the status of authorised consignee for Union transit
Applications and authorisations for authorised issuer
Applications and authorisations for the status of authorised consignor for Union transit
Applications and authorisations for the status of authorised consignee for TIR operations
Application and authorisation for the status of authorised weigher of bananas
Applications and authorisations for centralised clearance
Applications and authorisations relating to comprehensive guarantees
Applications and authorisations relating to the simplification for the determination of amounts being part of the customs value of the goods
Applications and authorisations for the operation of storage facilities for customs warehousing of goods (Type 1, Type 2, Private)
Applications and authorisations for deferred payment, excluding those relating to a single operation
Applications and authorisations for entry of data in the declarant's records, including for the export procedure
Applications and authorisations for the use of an electronic transport document as customs declaration
Applications and authorisations for the use of end use
Applications and authorisations for the use of inward processing
Applications and authorisations for the use of outward processing
Applications and authorisations for regular shipping services
Applications and authorisations for self-assessment
Applications and authorisations for the use of simplified declaration
Applications and authorisations for the use of seals of a special type
Applications and authorisations for the use of temporary admission procedure
Applications and authorisations for the use of a transit declaration with reduced dataset
Applications and authorisations for the operation of temporary storage facilities
Portugal has made a similar announcement. Further information on the EU Customs Decision System is available at General Guidance on Customs Decisions and the Union Customs Code page.
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Legislation (source)
Baker & McKenzie
Date
Measure
18-08-17
S.I. No. 376 of 2017 European Union (Addition of Vitamins and Minerals and of Certain Other Substances to Foods) Regulations 2017
S.I. No. 377 European Communities (Certain Contaminants in Food stuffs) (Amendment) Regulations 2017
Date
Restrictive Measure
25-08-17
S.I. No. 382 of 2017 Criminal Justice (Terrorist Offences) Act 2005 (Section 42)(Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da'esh) and Al-Qaida Organisations)(No.4) Regulations 2017
S.I. No. 383 of 2017 Criminal Justice (Terrorist Offences) Act 2005 (Section 42)(Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism)(No.2) Regulations 2017
S.I. No. 385 of 2017 European Union (Restrictive Measures concerning Libya)(No.2) Regulations 2017
S.I. No. 386 of 2017 European Union (Restrictive Measures concerning Ukraine)(No.3) Regulations 2017
LITHUANIA
Centralized registration of declarations begins 1 September
Lithuanian Customs (Lietuvos Muitin) announced that from the 1st of September, ie the Central Customs Administration starts functioning at Lithuanian Customs, the essence of which is the separation of the declaration and the documentary check from the place of delivery of goods and goods checking process. Declarations will be accepted and finalized by the Oversight Customs Office (PM), and the goods will be presented and possibly verified at the Delivery Offices (where such goods are currently being provided at present). Customs officers working at the PM, will not have physical contact with the declarers. The PM, will work 24 hours a day, seven days a week.
According to Arnas Adomnas, Director General of the Customs Department, this is one of the biggest changes in the organization of work in the Lithuanian Customs, which is expected to lead to reduced corruption and more efficient work. This change, about the stages of implementation of which was constantly informed about the business, is a step towards the goal of the Lithuanian Customs - to establish one supervising customs office.
As with the implementation of substantial changes, problems and questions can arise at the start of both business and customs officials. In all cases, in the event of uncertainty, a trader should contact the 24-hour Customs Information System Service Center at the email address [email protected].
MALTA
Malta Customs introduces new National Import System
The Customs Department of Malta announced that the launch of its new National Import System (NIS) intended for the clearance of imported goods occurred over the weekend of 28-31 July 2017.
The migration process included switching off the old import system (CES), the National Export System (NES) and the Manifest module on 28 July. The new Manifest module was available on 30 July. The National Export System (NES) and the new National Import System (NIS) went live on 31 July.
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During the down time, urgent imports and exports, for which no electronic declaration to Customs has been submitted prior to the switching off of the old system, a completely manual Simplified Administrative Document (SAD) was required after arrangement with Malta Customs had been made.
UNITED KINGDOM
Brexit and Financial Services: Waiting for Agreement
On August 2, Sam Woods, Deputy Governor of the Bank of England and CEO of the Prudential Regulation Authority (PRA) indicated in a letter to Nicky Morgan, Chair of the Treasury Committee in the UK House of Commons that the greatest impact to financial stability that could arise from the UK withdrawal is "one in which there is no agreement that provides for some form of ongoing cross-border market access between the UK and the EU at the point of exit and no period of transition to this new period." Woods went on to state in his letter that the PRA was in the process of reviewing 401 submissions from UK and European Economic Area (EEA) banks, insurers and investment firms that operate in both the UK and the rest of the EU. These firms were asked in April to provide "contingency planning for a scenario in which there is no agreement at the point of exit and no implementation period." Deputy Governor Woods was updating the Chair of the Treasury Committee on the steps the PRA , and by extension the Bank of England, are taking to prepare for the failure by both the UK and the EU to arrive at an agreement on financial services prior to March 29, 2019.
Based on what has been reported to date, the prospects of arriving at such an agreement remain remote. The EU has stated clearly that it will not discuss the future relationship between the UK and the EU until there has been sufficient progress on the amount the UK shall continue to contribute to the EU's budget, the status of EU and UK citizenship rights are confirmed, and customs, border and movement of peoples issues are addressed between Ireland and Northern Ireland. And even if those issues are resolved, and substantial progress has been achieved, the EU negotiator Michel Barnier still needs to secure a mandate from all 27 Heads of Government from the remaining EU Member States before entering into any negotiations concerning services. With 20 months to go before the UK leaves, and so many other issues to be addressed and resolved, not only is an agreement on financial services remote, it is increasingly unlikely.
This heightened level of uncertainty has made it extremely difficult for financial firms established in the UK to plan for life post-Brexit. The comments by Deputy Governor Woods and the hour by hour press coverage of the Withdrawal Negotiations has only added to this uncertainty. What is being sought is certainty as to the legal framework under which the cross border trade in financial services can and will be conducted between the UK and the EU post-Brexit. The desire is for a negotiated agreement that will be concluded in time so regulators, investors and the financial firms affected by Brexit can know what to do and when to do it. Deputy Governor Woods believes that only a negotiated agreement will suffice. And for most financial firms in the UK, that is the only outcome that will provide them with the certainty they need to know how to proceed.
However, financial firms in the UK need not wait for an agreement that may never come before deciding on how best to preserve "some form of ongoing cross border market access" into the EU's single market. The WTO General Agreement on Trade in Services (GATS) is an agreement to which both the UK and the EU will be bound immediately once the UK's withdrawal from the EU is complete. In addition to the GATS agreement, the GATS Annex on Financial Ser-
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vices (Annex) and the EU's GATS Schedule of Commitments on Financial Services (EU Schedule) are both essential documents that should be used as part of any assessment. The Annex sets out the rules that govern the treatment of the services being sold by one contracting party into the market of the other, while the EU Schedule indicates in what form those services can be sold inside a particular Member State. The EU's Schedule also confirms that if a service provider establishes a presence in one Member State that firm can provide services across the EU, subject to satisfying the domestic regulations of the Member Sate in which it first establishes itself.
Indeed, it is this acknowledgement by the WTO of the EU's single market right of establishment which prompted most non-EU financial firms to set up shop in the UK. Because of the commitments made in the EU Schedule, any third country firm that was properly established in the UK automatically gained the ability to sell financial services across the EU through Financial Passporting, both for Service and Branch. Once the UK leaves the EU, this commitments remains. The decision then becomes whether it makes sense for a third country firm established in the UK looking to carry on business post-Brexit to do so. If they do, then both the Most Favoured Nation and National Treatment protections under the EU's Schedule provide a degree of legal certainty on how such a firm should be treated by the EU once they do. And if they are not treated fairly, then the WTO dispute resolution procedures could be invoked by the third country firm's home country to make sure that they are.
Clearly, a formal agreement between the EU and the UK on financial services would be in the best interests of both parties. However, the success or failure of these negotiations is not something UK financial firms are in a position to predict. Rather than plan for an outcome that may never occur, it would appear wise to plan for an outcome that will. If in doing so there turns out to be sufficient movement on the part of both sides towards a negotiated agreement then all that planning can be put to good use in trying to influence the final form such an agreement may take. Rather than wait for an agreement that may never come, plan for an agreement that will.
For additional information, please contact James Small or any member of our International Trade team with whom you usually work.
Government publishes paper on future customs relationship with EU
On 15 August 2017, the UK Government published a paper setting out its plans for a post-Brexit Customs relationship with the EU (the "Paper"). The Paper is notable in that it challenges the sequencing of Brexit; proposes a temporary interim Customs Union with the EU; and proposes two post-Brexit options for the UK's Customs Relationship with the EU: a highly streamlined Customs arrangements; or a new, unprecedented Customs partnership with the EU.
We note that the suggestions in the Paper cannot simply be "unilateral" decisions for the UK to take; the vast majority of the points will need to be negotiated and agreed with the EU. Given the immediate reactions from key EU figures to the Paper and the complex politics and emotion involved, how this will be agreed in practice remains unclear.
We also note that the Paper and its suggested interim period and customs models only focus on trade in goods and do not tackle the issue of trade in services,
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including financial services. The Government still needs to set out how UK businesses will be able to continue to sell cross border services to the EU, and vice versa, once Brexit happens, and whether they envisage an interim period for trade in services.
1. Challenge to Sequencing
The UK's proposals appear go against the EU's stance that "substantial progress" must be made on the "Exit Agreement" before talks on the future trading relationship can begin. The EU Commission's chief negotiator, Michel Barnier, confirmed on 15 August via Twitter that the Customs relationship and any other trade relationship would only be discussed once the UK had settled matters on the exit bill, the matter of Northern Ireland, and citizens' rights.
2. Transitional Customs Union
The Paper sets out the UK's proposals for a transitional period during which the UK would enter into a time-limited Customs Union with the EU. The Paper proposes that the UK would be able to begin negotiating its own trade agreements with third countries during this interim period, but that it "would not bring into effect any new arrangements with third countries which were not consistent with the interim agreement".
It is worth noting that a Customs Union does not necessarily mean that no Customs controls or Customs declarations would be in place, and so the idea of a time-limited Customs Union with the EU may only go part of the way to alleviating extra costs that businesses would face when the UK leaves the Single Market.
However, overall this aim should be welcomed, as both businesses and the UK and EU authorities will undoubtedly require time to prepare for and implement new solutions and processes. As noted above, as most of the points in the Paper, an interim agreement would require agreement from the EU.
3. Future Customs Relationship
The Paper also proposes two options for the UK's future Customs relationship with the EU: a Streamlined Customs Arrangement, or a Customs Partnership based on an alignment of UK and EU approaches and tariffs for goods whose ultimate end-use will be in the EU.
Customs Arrangement
The Customs Arrangement would involve the UK and the EU trading as third parties, but would have the advantage of streamlining processes and minimalising disruption at the ports and airports. However, the Customs Arrangement would not entirely alleviate the administrative burden for companies and would undoubtedly result in more paperwork and barriers to trade than the current position.
One of the solutions proposed by the UK Government is "self-assessment", a scheme under which an authorised person can take responsibility for and perform certain formalities or controls normally undertaken by Customs authorities, such as determining the amount of duty payable and monitoring their own Customs activities. We note that it is unlikely that companies would be authorised to use self-assessment without first being approved for AEO-C (an internationally
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recognised quality mark indicating that a trader's role in the international supply chain is secure and that its Customs controls and procedures are efficient and compliant). Applying for AEO-C involves a burdensome application process for the company.
Customs Partnership
The Customs Partnership would go some way to closing the gap that would exist under an EU-UK Free Trade Agreement ("FTA"), and would allow for nonoriginating goods to be imported into the EU without paying duty twice where UK is a merely a `stepping stone' to the EU. Under the Customs Partnership, the UK proposes to operate a regime for imports that aligns precisely with the EU's external Customs border (including setting the same duty rates) for goods that will be ultimately consumed in the EU market. The UK proposes to apply the same tariffs and same rules of origin for these goods that are imported into the UK but which are destined for the EU, but could apply a different tariff and rule of origin for goods which will remain in the UK. The Paper suggests that the importer may pay the higher of the UK's or the EU's tariff, and depending on which country the goods end up in, could reclaim the excess duty paid in the event that they have overpaid.
Whilst we appreciate that, by mirroring the EU's Customs approach at the UK border, the UK could effectively remove the need for a Customs border between the UK and the EU for these goods, we note that there are several issues with this proposed model that require solutions.
Firstly and, perhaps of most significance to businesses, this approach could result in significant cash flow issues for businesses if they are required to overpay and reclaim duty. In addition, the parties would need to establish how long the goods could remain in the UK or the EU before any rebate could be claimed. Secondly, this model would also require a robust tracking and enforcement mechanism to confirm whether goods are ultimately exported to the country initially stated. This may prove challenging if there are multiple parties to the supply chain. Thirdly, if the EU's Customs policies would need to be enforced at the UK border, it is likely that the EU (under the guise of the ECJ) would need to have jurisdiction over the UK border for goods which are destined for the EU (and presumably, vice versa and the UK courts would need to have ultimate jurisdiction over the EU border). This is unlikely to be politically palatable for either the EU or the UK. Finally, this would appear to only provide a solution for products that "flow through" from the UK to the EU and does not provide a solution for products which are imported into the UK and used in manufacturing operations in the UK before being exported to the EU. Even if the UK and EU were to enter into an FTA, such products may not benefit from duty free access on import into the EU as they may not meet the requirements of the "rules of origin" in order to qualify for preferential treatment.
Ultimately, while the premise of the Customs Partnership is innovative and goes some way to filing the gap that would be created by swapping the Single Market for an EU-UK FTA, there are numerous issues surrounding the Customs Partnership that still need to be addressed, not least of which is that this will require agreement from the EU.
We also note that there are already a number of duty relief procedures available that look at avoiding the duty implications of goods flowing through the UK to the EU (such as Transit, Customs Warehousing and Temporary Admission Relief) or
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the need to pay duty on materials imported into the UK for further processing before re-export (such as Inward Processing), and we would encourage the UK Government to consider in the first instance how they might simplify and relax the rules attached to using such duty reliefs. Unlike the majority of the points raised in the Paper, this could be done unilaterally by the UK and so would be an easier goal to achieve than a Customs Partnership which would require EU approval.
The above article was authored by Jessica Mutton.
Government unveils new plans on sanctions for post-Brexit Britain
On 2 August 2017, the government published plans to enable post-Brexit Britain to continue to play a central role in global sanctions to combat the threats of terrorism, conflict and the proliferation of nuclear weapons. Proposals include additional powers to cut off funding for terrorists by making it easier to freeze assets and block access to bank accounts.
The Sanctions Bill would ensure the UK has the necessary legal powers to implement sanctions after Brexit, as well as greater flexibility in choosing when and how to introduce new measures. The UK will also continue to play a central role in negotiating global sanctions as a member of the UN Security Council.
At the moment, the UK implements over 30 sanctions regimes, including those against Russia, North Korea, Iran, Daesh and Al Qaida.
The government's response to the 9-week public consultation of these new powers is to:
1. Create new powers to impose, implement and enforce sanctions regimes, drawing on the current EU model
2. Introduce an annual review of regimes to ensure that they remain appropriate
3. Ensure individuals and organisations can challenge any sanctions imposed on them
4. Enable the government to issue exemptions when needed, for example in delivering humanitarian aid in regions affected by sanctions; and
5. Make it easier to stop suspected terrorists from accessing their money
The UK currently negotiates and imposes non-UN sanctions against specific countries through EU laws. This Bill will repatriate powers on non-UN sanctions from Brussels, reflecting and building on the measures that the UK currently has under EU law.
***
The government's proposed plans will also make it easier to freeze a suspected terrorist's bank accounts and stop them making money from their assets, such as selling their house or car.
At the moment, to freeze a person's assets, the government must reasonably believe that the person is, or has been, involved in terrorism, and that freezing their assets is necessary to protect the public.
The new proposals would make it easier to stop suspected terrorists in their tracks as the government would only need to have reasonable grounds to suspect the person or group is or has been involved in terrorism and that sanctions are an appropriate action.
This is important given the evolving nature of terrorism. Terrorists are now causing significant damage using very small amounts of funds and resources.
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Government issues response to public consultation on UK's future legal framework for imposing and implementing sanctions
On 2 August 2017, the UK Government (Foreign and Commonwealth Office, HM Treasury and the Department for International Trade) presented to Parliament a report entitled "Public consultation on the United Kingdom's future legal framework for imposing and implementing sanctions- Government response." On 21 April 2017 the government launched a nine week consultation, which closed on 23 June 2017, on the proposed legal powers to enable the UK to impose and implement sanctions once the UK has left the European Union (EU). On 21 June 2017 the Queen's Speech confirmed the government's intention to introduce a Sanctions Bill during the current Parliamentary session.
The White Paper was published on gov.uk and was also sent out by email to over 30,000 individuals and companies. Government officials held a number of roundtables to consult with key sectors including representatives from financial services, the legal profession, NGOs, industry professionals, and representative bodies. Officials also held informal consultations with international partners. There were thirty-four written responses to the consultation. These, together with the views expressed during the roundtable events, form the basis of the consultation response.
Legislation (legislation.gov.uk)
Date
Measure
11-08-17
18-08-17 24-08-17
SI 2017/832 - The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 / Rheoliadau Deunyddiau ac Eitemau mewn Cysylltiad Bwyd (Cymru) (Diwygio) 2017
SR 2017/157 - The Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2017
SI 2017/848 - The Caseins and Caseinates (England) Regulations 2017
HMRC updates
The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:
Release Date
Ref. No. and Subject
04-08-17 09-08-17 10-08-17 11-08-17
01-08-17 03-08-17
04-08-17
Customs Information Papers
Customs Information Paper 14 (2017): upgrade to Export Control System Customs Information Paper 16 (2017): New Computerised Transit System upgrade Customs Information Paper 16 (2017): New Computerised Transit System upgrade Customs Information Paper 14 (2017): upgrade to Export Control System Customs Information Paper 17 (2017): change to return address for form C&E1179
Tariff and Anti-Dumping Notices
Tariff Stop Press Notice 26 (2017): changes to the monthly trade euro rate Tariff Notice 22 (2017): other furniture and their parts Tariff Notice 23 (2017): tricycles, scooters, pedal cars and similar wheeled toys Anti-Dumping Duty measure AD2214 Anti-Dumping Duty measure AD2215 Tariff Notice 24 (2017): glue-laminated timber and cellular wood panels Tariff Notice 32 (2017): sewer covers UK Trade Tariff: additional information codes for harmonised declarations
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Release Date
Ref. No. and Subject
08-08-17 09-08-17 10-08-17 11-08-17 14-08-17
16-08-17
22-08-17 23-08-17 24-08-17 25-08-17
07-08-17 08-08-17 11-08-17 15-08-17
Anti-Dumping Duty measure AD2213 Anti-Dumping Duty measure AD2214 Tariff Notice 25 (2017): paperboard and recovered paper Tariff Notice 33 (2017): suitcase with fixed scooter Anti-Dumping Duty measure AD2217 Tariff Notice 26 (2017): tripods for use with cameras Anti-Dumping Duty measure AD2216 Tariff Quota Notice 105 (2017): New Tariff quotas for certain agricultural and industrial products Tariff Stop Press Notice 21 (2017): amendments to commodity codes UK Trade Tariff: customs procedure codes Tariff Notice 36 (2017): a product in the form of fine white wax beads Tariff Notice 37 (2017): flour, groats, meal, starch or malt extract for use in food supplements UK Trade Tariff: preferential trade arrangements for countries outside the EU UK Trade Tariff: imports and community transport inwards Anti-Dumping Duty measure AD2218
Other Documents and Notices
Excise movements: application to register as a Registered Commercial Importer (HM3) HMRC: your guide to making a voluntary disclosure VAT Notice 700: the VAT guide Future customs arrangements: a future partnership paper
ECO Notices to Exporters, DIT and OFSI documents
The following Export Control Organisation (ECO) Notices to Exporters and other Department for International Trade (DIT) documents as well as documents from the Office of Financial Sanctions Implementation (OFSI) the were issued:
Date
Notice No. and Subject
03-08-17 08-08-17
25-08-17
Notice to exporters 2017/19: Crown exemption for MOD owned goods Financial sanctions: guidance, FAQs and information on monetary penalties Extended enforcement powers and updated guidance on financial sanctions Financial sanctions: guidance, FAQs and information on monetary penalties (updated) Who is subject to financial sanctions in the UK? (updated) Financial sanctions, ISIL (Da'esh) and Al-Qaida organisations (updated) Financial sanctions targets by regime (updated)
Other EU-EFTA Countries
Import-export related measures
The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
Date*
Measure
11-07-17
BELGIUM
Circular 2017 / C / 42 concerning the introduction of goods into the customs territory of the Union - Temporary storage of goods, has been published on Fisconetplus
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Date*
Measure
22-08-17 17-08-17 01-08-17
09-08-17
01-08-17 03-08-17 14-08-17 15-08-17 21-08-17 24-08-17 28-08-17 30-08-17 31-08-17
04-08-17
Circular 2017 / C / 41 concerning luggage was published on Fisconetplus Tariff Notices 620 - Correction and 631 (Anti-dumping Measures) were published on Fisconetplus
GERMANY
Nineteenth Regulation amending the Foreign Trade Statistics Implementing Regulation (14.08.2017) From No. 57 of August 17, 2017, page 3197
LUXEMBOURG
Mem A 682: 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, signed in Brussels on 27 June 2014 - Ratification By Luxembourg and entered into force - List of States Parties.
Mem A 703: Law of 28 July 2017 approving the Minamata Convention on Mercury, adopted in Geneva on 19 January 2013. Mem A 709: Implementation of new European non-electrical standards applicable in the Grand Duchy of Luxembourg.
Mem A 710: Implementation of new European electrotechnical standards applicable in the Grand Duchy of Luxembourg.
Mem A 711: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg.
NORWAY
FOR-2017-07-30-1224 Ministry of Agriculture and Food, Ministry of Food and Fisheries, Ministry of Health and Care Services Regulations amending the Regulation on additives for use in animal feed
FOR-2017-08-02-1227 Ministry of Health and Care Services Regulations amending the Regulation on Reduced Control for Imports of Foods that have been Verified Prior to Export
FOR-2017-08-11-1243 Ministry of Finance Merchant Tax Act 6-37 and 7-10 - United Technologies Corporation NUF and Pratt & Whitney Military Norway AS - Decree on exemption from value added tax for sales and imports related to maintenance.
FOR-2017-08-11-1247 Ministry of Health and Care Services Removal of regulations on April 11, 1975 No. 4 prohibiting the sale and use of dangerous smashing pyrotechnic articles such as quinquins, throwers, corms and similar
FOR-2017-08-18-1267 Ministry of Agriculture and Food Regulations amending the regulation on import and transit of poultry and certain poultry products from third countries and regulations on imports of prepared meat, meat products, treated stomachs, bladders and intestines from third countries
FOR-2017-08-23-1273 Ministry of Justice and Emergency Affairs Regulations amending the Regulation on Civil Protection of Explosive Substances (Explosive Regulations)
FOR-2017-08-23-1289 Ministry of Climate and Environment Regulations on change in the waste regulation (manufacturer responsibility for packaging) FOR-2017-08-25-1291 Ministry of Food and Fisheries Regulations amending the list of areas with disease-free status for ILA in Appendix 2 of the Regulation on the sale of aquaculture animals and products of aquaculture animals, prevention and control of infectious diseases. FOR-2017-08-23-1302 Ministry of Climate and Environment Regulations regarding change in regulation on change in the waste regulation FOR-2017-08-29-1318 Ministry of Food and Fisheries Regulations on measures to prevent, limit and combat pancreatic disease (PD) in aquaculture animals
FOR-2017-08-29-1319 Ministry of Food and Fisheries Regulations amending the Regulations for the transport of aquaculture animals
POLAND
1499 Regulation of the Minister of the Environment of 21 July 2017 on minimum annual levels of collection of waste electrical and electronic equipment 1501 The Act of 20 July 2017 on Ratification of the Headquarters Agreement between the Republic of Poland and the European Agency for Frontier and Coast Guard (Frontex), signed in Warsaw on 9 March 2017.
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Date*
Measure
07-08-17 09-08-17 22-08-17 24-08-17 25-08-17 28-08-17
17-08-17 03-08-17 08-08-17
09-08-17
15-08-17 17-08-17 22-08-17
29-08-17
1506 Regulation of the Minister of Development and Finance of 24 July 2017 amending the Regulation on import licenses for cannabis from third countries
1518 Regulation of the Minister of Development and Finance of 24 July 2017 amending the regulation on authorizations for trade in agri-food products with third countries
1564 Announcement of the Minister of Infrastructure and Construction of 3 August 2017 on the announcement of the consolidated text of the Regulation of the Minister of Infrastructure and Development on the authorization for international carriage of goods by road and cabotage
1579 Announcement of the Marshal of the Sejm of the Republic of Poland of 20 July 2017 on the publication of the uniform text of the Public Procurement Law
1582 Regulation of the Minister of Health of 7 August 2017 on the list of new psychoactive substances
1590 Ordinance of the Minister of Culture and National Heritage of 16 August 2017 on the permit to permanently export abroad a cultural property that is not a monument, returned to the territory of a foreign state
1604 Ordinance of the Minister of Agriculture and Rural Development of 9 August 2017 on the derogation from the obligation to procure phytosanitary certificate of barked longitudinally treated wood obtained from plants of the genus Quercus L. originating in the United States of America
SPAIN
Head of State: Instrument of ratification of the Association Agreement between the European Union and the European Atomic Energy Community and its Member States, of the one part, and Ukraine, of the other part, done at Brussels on 21 March and 27 June 2014. (BOE-A-2017-9798)
SWITZERLAND
Ordinance of the OSAV establishing measures to prevent the introduction into Switzerland of avian influenza present in certain Member States of the European Union (RS 916.443.102.1)
Ordinance of the DETEC on the data on the energy label of new passenger cars (OEE-VT) (RS 730.011.1)
Federal Order Approving the Minamata Mercury Convention
Minamata Convention on Mercury (RS 0.814.82)
Ordinance of the OSAV establishing measures to prevent the introduction into Switzerland of avian influenza present in certain Member States of the European Union (RS 916.443.102.1)
Ordinance of the DFI regulating trade in import, transit and export of animals and animal products with third countries (RS 916.443.106)
Ordinance of the OSAV establishing measures to prevent the introduction of African swine fever in Romania (RS 916.443.114)
Decision No 1/2017 of the Joint Committee on Agriculture of 22 June 2017 concerning the amendment of Annex 12 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (RS 0.916.026.81)
Ordinance of the DFI regulating trade in import, transit and export of animals and animal products with third countries (OIT-PT-DFI) (RS 916.443.106)
Ordinance of the OSAV establishing measures to prevent the introduction of avian influenza in certain Member States of the European Union (RS 916.443.102.1)
Ordinance of the OSAV establishing measures to prevent the introduction in Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107)
FDF Ordinance on Rates of Export Contributions of Agricultural Commodities (RS 632.111.723.1)
Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)
Agreement between the Swiss Federal Council and the Government of the People's Republic of China on the mutual recognition of the Swiss Program for Authorized Economic Operators and the Chinese Program for the Management of
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Date*
Measure Enterprise Credit (RS 0.946.292.492.6)
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
08-08-17
23-08-17
22-08-17 29-08-17 02-08-17 10-08-17 14-08-17 21-08-17 29-08-17
LIECHTENSTEIN
LGBI 2017.203 Law of 9 June 2017 on the amendment of the Law on the Enforcement of International Sanctions (LR 946.21) LGBI 2017.209 Regulation of 22 August 2017 on the amendment of the Regulation on measures against persons and organizations with links to the group "Al-Qaida" (LR 946.222.22) LGBI 2017.210 Regulation of 22 August 2017 on the amendment of the Regulation on measures against persons and organizations with links to the group "Al-Qaida" (LR 946.222.22) LGBI 2017.211 Regulation of 22 August 2017 on the amendment of the Regulation on measures against Syria (LR 946.223.8)
LGBI 2017.212 Regulation of 22 August 2017 on the amendment to the Regulation on measures to prevent the circumvention of international sanctions related to the situation in Ukraine (LR 946.224.2)
LGBI 2017.213 Regulation of 22 August 2017 on the amendment of the regulation on measures against Libya (LR 946.221.4) LGBI 2017.214 Regulation of 22 August 2017 on the amendment of the Regulation on measures against the Democratic People's Republic of Korea (LR 946.223.1)
LUXEMBOURG
Mem A 757 Ministerial regulation of 21 August 2017 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Law of 27 October 2010 on the implementation of United Nations Security Council resolutions and acts Adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the context of the fight against the financing of terrorism
Mem A 770 Ministerial regulation of 29 August 2017 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Law of 27 October 2010 on the implementation of United Nations Security Council resolutions and acts adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the context of the fight against the financing of terrorism.
SWITZERLAND
Ordinance of 8 June 2012 imposing measures against Syria Amendment of 2 August 2017 (RS 946.231.172.7) [Entry into force on 03-08-17]
Amendment of 10 August 2017 to the Ordinance of 2 October 2000 concerning measures against persons and organizations with connections to Usama bin Laden, the grouping Al-Qada or the Taliban (RS 946.203) [With effect from 09-08-17]
Amendment of 14 August 2017 on measures to prevent the circumvention of international sanctions in connection with the situation in Ukraine (RS 946.231.176.72) [Entry into force on 15-08-17]
Amendment of 21 August 2017 to the Ordinance of 2 October 2000 imposing measures against persons and entities associated with Usama bin Laden, the "Al-Qaeda" group or the Taliban (RS 946.203) [Entry into force 18-08-17]
Amendment of 29 August 2017 to the Ordinance of 2 October 2000 imposing measures against persons and entities associated with Usama bin Laden, the
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Date*
Restrictive Measure
"Al-Qaeda" group or the Taliban (RS 946.203) [Entry into force 27-08-17]
Non EU-EFTA European Countries
TURKEY
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resm Gazete.
Date
Subject
01-08-17
02-08-17
04-08-17
08-08-17 13-08-17 15-08-17 17-08-17 18-08-17 19-08-17
21-08-17 25-08-17 27-08-17 28-08-17 29-08-17
Regulation on the Amendment of the Customs Regulation
General Customs Declaration (Transit Regime) (Series No: 4)
General Customs Declaration (Transit Regime) (Series No: 5)
2017/10427 Decision on the Approval of the Rotterdam Convention on the Prior Informed Acceptance Procedure in the International Trade of Certain Hazardous Chemicals and Pesticides
1159 Decision on the Establishment of a Parliamentary Investigation Commission for the Determination of Our Cultural Assets Abandoned Abroad and the Determination of Measures to be Taken for the Protection of Existing Cultural Assets
Decision No 2017/10411 on the Approval of the Free Trade Agreement between the Republic of Turkey and the Kingdom of Denmark Concerning the Faroe Islands
Communiqu Pertaining to the Export of Chemical Substances in the Annex of the Chemical Weapons Convention (Export: 2017/7)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2017/20)
Communiqu on the Amendment of the Customs General Communiqu (Customs Transactions) (Serial No: 98) (Customs Transactions) (Serial No: 144)
Communiqu on Customs General Communiqu (Customs Transactions) (Serial No: 99) on the Amendment of Customs Procedures (Serial No: 145)
Duty Free Duty Regulations Regulation
Amendment to the Communiqu Pertaining to the Procedures and Principles on the Application of Motor Vehicles with Type Approval in Terms of Emissions from Light Passenger and Commercial Vehicles (Euro 5 and Euro 6) and Access to Vehicle Repair and Maintenance Information (Communiqu No: SGM2009/22) Notification (No: SGM-2017/22)
2017/10555 Decision on the Approval of the Free Trade Agreement between the Republic of Turkey and the Republic of Singapore
2017/10561 Annex to Decision on Import Regime
2017/10580 Annex to Decision on Import Regime
Communiqu on the Amendment of the Communiqu on the Implementation of Imports Surveillance (Communiqu No: 2009/8)
Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Determination of Provincial Food, Agriculture and Animal Husbandry Authorities Authorized to Perform Official Controls with Authorized Customs Administrations to Enter Certain Products Subject to Control of Food, Agriculture and Livestock Ministry
2017/10596 Decision on the Approval of the Memorandum of Understanding between the Ministry of Customs and Trade of the Republic of Turkey and the State Customs Administration of the Republic of Azerbaijan on the Establishment of the Joint Committee in the Customs Area
Communiqu Pertaining to Safeguard Measures in Import (N. 2017/9)
2017/10652 Resolution between the Government of the Republic of Turkey and the Government of the Republic of Yemen on the Confirmation of Cooperation and Mutual Assistance Agreement in the Customs Areas
Communiqu Pertaining to Safeguard Measures in Import (No: 2017/10)
-Communiqu on the Amendment of the Communiqu Pertaining to the Implementation of Tariff Procurement in the Importation of Certain Agricultural Prod-
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Date 31-08-17
Subject
ucts Originated from the Republic of Albania
- Communiqu on the Amendment of the Communiqu Pertaining to the Application of Tariff Coordinator in the Import of Certain Processed Agricultural Products Released from the European Union
- Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Quantity in the Importation of Certain Agricultural Products Originated by the European Union - Communiqu on the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Some Agricultural and Processed Agricultural Products Originating in Bosnia and Herzegovina - Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Certain Agricultural Products Originating in the Kingdom of Morocco - Communiqu on the Amendment of the Communiqu Pertaining to the Application of Tariff Coordinator in the Importation of Certain Agricultural Products Originated from the Palestinian National Government - Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Some Agricultural and Processed Agricultural Products Originated from Georgia - Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Certain Agricultural Products Originated from Islamic Republic of Iran - Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Some Agricultural and Processed Agricultural Products Originated in the State of Israel
- Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Certain Agricultural and Processed Agricultural Products Originated in Montenegro
- Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Coordinator for the Importation of Certain Agricultural Products Originating in the Republic of Macedonia
- Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Some Agricultural Products Originating in the Arab Republic of Egypt - Communiqu Pertaining to the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Import of Certain Agricultural Products Originated from the Republic of Moldova - Communiqu on the Amendment of the Communiqu Pertaining to the Application of Tariff Coordinator in the Importation of Some Agricultural and Processed Agricultural Products Originated from Republic of Mauritius - Communiqu on the Amendment of the Communiqu Pertaining to the Implementation of Tariff Procurement for the Importation of Certain Agricultural and Processed Agricultural Products Originating in the Republic of Serbia - Communiqu on the Amendment of the Communiqu Pertaining to the Implementation of Tariff Concentration in the Importation of Certain Agricultural and Processed Agricultural Products Originating in the Republic of Chile - Communiqu on the Amendment of the Communiqu Pertaining to the Application of Tariff Coordinator in the Importation of Certain Agricultural Products Originated from Republic of Tunisia - Communiqu on the Amendment of the Communiqu Pertaining to the Application of Tariff Concentration in the Importation of Certain Agricultural and Processed Agricultural Products Originated in Jordan Hashemi Kingdom
2017/10706 Decision of the Council of Ministers Decree No. 2013/5428 of 30/9/2013 on the Freezing of the Property of the Persons, Organizations or Organizations listed in the Decisions of the United Nations Security Council, 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List 2017/10719 Annex to the Decision of the Council of Ministers dated 30/9/2013 and numbered 2013/5428 of the United Nations Security Council on the Freezing of the Assets of the Persons, Organizations or Organizations listed in the
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Date
Subject
Decisions of 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List 2017/10774 Decree 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 2017/10776 Decision of Council of Ministers Decision No. 2013/5428 of 30/9/2013 on the Freezing of the Property of the Persons, Organizations or Organizations listed in the Decisions of the United Nations Security Council, 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List
UKRAINE
Safeguard investigation on sulfuric acid and oleum launched
The WTO announced that on 18 August 2017, Ukraine notified the WTO's Committee on Safeguards that it initiated on 10 August 2017 a safeguard investigation on sulfuric acid and oleum. A safeguard investigation seeks to determine whether increased imports of a product are causing, or is threatening to cause, serious injury to a domestic industry.
Address for correspondence: Ministry of Economic Development and Trade of Ukraine; M. Hrushevskogo str. 12/2, Kyiv, 01008; Phone: +38044 253-93-94, +38044 253-74-69, +38044 253-63-71; Fax: +38044 226-31-81; e-mail: [email protected] Information Contact Point: Phone: +38044 596-67-36, 596-67-48; e-mail: [email protected], [email protected], [email protected]."
"Within 30 days from the notice publication the Ministry of Economic Development and Trade of Ukraine carries out registration of interested parties and considers the requirements for conducting of hearings. In investigation initiation enquiry it is necessary to indicate: name, juridical address, fax and telephone number, e-mail and name of contact person, type of activity (producer, importer, exporter, etc.).
Within 45 days from the notice publication the Ministry of Economic Development and Trade of Ukraine considers the written comments on the initiation of investigation. Information should be provided in Ukrainian or in original language, accompanied by the Ukrainian translation. In case the information is confidential, it is necessary to prepare and submit to the Ministry both confidential and non-confidential versions."
Further information is available in G/SG/N/6/UKR/12.
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws ( ), Resolutions (), Presidential Decrees ( ), Decrees of the Cabinet of Ministers ( ), Regulations (), Agency Orders () and other pieces of legislation were posted on the Parliamentary ( ) website during the period of coverage of this Update:
Date 23-08-17
Subject
On Approval of the Strategy for Combating Illicit Manufacturing and Trafficking in Tobacco Products for the period up to 2021 Ordinance of the Cabinet of Ministers of Ukraine; Strategy from 23.08.2017 570-p
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Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only , and Recommendations having a direct effect on international traders are listed. Draft decisions, orders, etc. are not included.
Publication Date
Title
Council () of the Eurasian Economic Commission
43 (13-07-17) On the composition of the delegation to conduct negotiations with the People's Republic of China on the conclusion of an agreement on the 21-08-17 exchange of information on goods and vehicles of international transport moving across the customs borders of the Eurasian Economic Union and the People's Republic of China
Council Regulations/Orders
22 (13-07-17) On the implementation of the internal procedures required for the entry into force of the Agreement on the Customs Code of the Eurasian Economic Union of April 11, 2017 21-08-17 23 (13-07-17) On the technical amendment of the draft interim agreement leading to the formation of a free trade zone between the Eurasian Economic Union and its member states, on the one hand, and the Islamic Republic of Iran, on the other hand
24 (23-06-17) About the draft Agreement on measures aimed at the unifica24-08-17 tion of breeding and breeding work with agricultural animals within the frame-
work of the Eurasian Economic Union
Board () of the Eurasian Economic Commission
92 (04-08-17) On amending section 2.7 of the list of goods in respect of which the permit procedure for importation into the customs territory of the Eurasian Economic Union and (or) export from the customs territory of the Eurasian Economic Union
93 (04-08-17) On the classification of a mixture based on polyvinyl chloride, 08-08-17 used in the production of vinyl wallpaper in accordance with the single com-
modity nomenclature of foreign economic activities of the Eurasian Economic Union
94(04-08-17) On the establishment of the import customs duty rate of the Single Customs Tariff of the Eurasian Economic Union with respect to bars of optical glass
95 (18-08-17) On Amending the Single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union in connection with the introduction of amendments to the single Commodity Nomenclature for Foreign Economic Activity of the Commonwealth of Independent States, as well as to certain decisions of the Supreme Eurasian Economic Council and the Eurasian Economic Commission
96 (18-08-17) On the establishment in 2018 of the volumes of the tariff quota for certain types of long grain rice originating in the Socialist Republic of Vietnam and imported into the territory of the member states of the Eurasian 21-08-17 Economic Union 97 (18-08-17) On the establishment in 2018 of tariff quotas for certain types of agricultural goods imported into the customs territory of the Eurasian Economic Union, as well as the volume of tariff quotas for these goods imported into the territory of the states members of the Eurasian Economic Union
98 (18-08-17) On Amending the Single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union with respect to certain types of components for the production of bicycles
99 (18-08-17) On the extension of the validity period for the import customs
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Publication Date
Title
31-08-17
22-06-17 19-07-17 19-07-17 25-07-17 08-08-17
duty rates of the Single Customs Tariff of the Eurasian Economic Union with respect to certain types of cocoa products
100 (18-08-17) On the classification of the tupfer intended for preservation and transportation of samples in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
102 (29-08-17) On Amending the Decision of the Board of the Eurasian Economic Commission of September 25, 2012 No. 171
103 (29-08-17) On the classification of the crushing and sorting plant in accordance with the single commodity nomenclature of foreign economic activity of the Eurasian Economic Union
104 (29-08-17) On the classification of metal silos for the storage of grain and oilseeds in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
105 (29-08-17) On the classification of a concrete mixing machine with the function of self-loading in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
106 (29-08-17) On the list of standards, the application of which, on a voluntary basis, ensures compliance with the requirements of the technical regulations of the Eurasian Economic Union "On the safety of fish and fish products" (TR EAES 040/2016), and the list of standards containing rules and methods of research (tests) and measurements, including sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Eurasian Economic Union "On the safety of fish and fish products" (TR EAES 040/2016) and the implementation of the assessment conformity of technical regulation objects
107 (29-08-17) On amending paragraph 2-1 of the Decision of the Commission of the Customs Union of May 28, 2010 No. 299
108 (29-08-17) On the list of standards containing rules and methods of research (tests) and measurements, including sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Eurasian Economic Union "On limiting the use of hazardous substances in electrical and radio electronics products" 2016) and the implementation of the conformity assessment of technical regulation facilities
109 (29-08-17) On Amending the Decision of the Board of the Eurasian Economic Commission of April 16, 2013 No. 88
110 (29-08-17) On Amending the Decision of the Commission of the Customs Union of September 23, 2011 No. 799
111 (29-08-17) On Amending the Decision of the Board of the Eurasian Economic Commission of October 2, 2012 No. 180
Board
68 (20-06-17) On the composition of the working group on the creation of a unified system for identification of participants in foreign economic activity within the framework of the Eurasian Economic Union
83 (18-07-17) On introducing changes to the composition of the Consultative Committee for the Interaction of Control Authorities on the Customs Border of the Eurasian Economic Union
84 (18-07-17) On the introduction of changes in the composition of the Consultative Committee on Oil and Gas
85 (18-07-17) On the draft Agreement on international treaties of the Eurasian Economic Union with third countries, international organizations or international integration associations
86 (18--07-17) On the composition of the Advisory Committee on Social Security, the Observance of Pension Rights, the Provision of Medical Assistance and the Professional Work of the Working States of the Eurasian Economic Union
88 (04-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Decision of the Higher Eurasian Economic Council" On the Statute of the State of the Observer State under the Eurasian Economic Union "
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Publication Date
Title
08-08-17
10-08-17 14-08-17 21-08-17
89 (04-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On the draft decision of the Supreme Eurasian Economic Council" On the Main Directions of the International Activity of the Eurasian Economic Union for 2018 "
90 (04-08-17) About the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Higher Eurasian Economic Council" On Cooperation of the Member States of the Eurasian Economic Union in the Sphere of Providing Space and Geoinformation Services on the Basis of National Earth Remote Sensing Data Sources "
91 (04-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On Amending the Decision of the Council of the Eurasian Economic Commission of February 12, 2016 No. 66"
92 (04-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On Amendments to the Single Commodity Nomenclature for Foreign Economic Activities of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union with respect to certain types of filaments from polyamides, as well as to certain decisions of the Higher Eurasian Economic Council and the Eurasian Economic Commission"
93 (04-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On Amendments to the Single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union and the Common Customs Tariff of the Eurasian Economic Union for certain types of polyvinyl chloride and acrylic polymers in primary forms, as well as to certain decisions of the Eurasian Economic Commission and the Higher Eurasian Economic Commission economic council "
94 (08-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On the introduction of changes to the list of goods in respect of which the Republic of Kazakhstan, in accordance with the obligations accepted as a condition for accession to the World Trade Organization, applies rates of import customs duties lower in comparison with the rates of duties of the Single Customs tariff of the Eurasian Economic Union, and the size of such rates of duties "
95 (08-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Eurasian Intergovernmental Council" On the holding of the "Eurasian Week" exhibition forum in 2018-2020 "
96 (08-08-17) On the draft decree of the Council of the Eurasian Economic Commission "On Amending the Order of the Council of the Eurasian Economic Commission of 17 May 2017 No. 17"
97(08-08-17) On the draft order of the Council of the Eurasian Economic Commission "On some issues concerning the draft Agreement on the principles of tax policy in the field of excise duties on alcohol products of the member states of the Eurasian Economic Union and the draft Agreement on the principles of tax policy in the field of excises on tobacco products of the member states of the Eurasian Economic Community economic union "
98 (08-08-17) Draft Agreement on the Labeling of Goods by Identification Means in the Eurasian Economic Union
100 (18-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On Amending the Decision of the Council of the Eurasian Economic Commission of January 13, 2017 No. 8"
101 (18-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Order of the Eurasian Intergovernmental Council" On Certain Issues in the Formation of the Information Exchange System within the Common Electric Power Market of the Eurasian Economic Union"
102 (18-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Supreme Eurasian Economic Council" On the annual report of the Eurasian Economic Commission on the state of competition in cross-border markets and measures taken to curb violations of general competition rules for them for 2016"
103 (18-08-17) On the introduction of changes to the composition of the
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Publication Date
Title
31-08-17
08-08-17 21-08-17
Consultative Committee on Industry
104 (18-08-17) About the introduction of changes in the plan of scientific research works of the Eurasian Economic Commission for 2017 - 2018
107 (29-08-17) On the draft decree of the Council of the Eurasian Economic Commission "On the list of measures to implement the main macroeconomic policy benchmarks of the member states of the Eurasian Economic Union for 2017 - 2018"
108 (29-08-17) On making changes to the composition of the working group on the development of proposals for the further application of the principle of exhaustion of the exclusive right to intellectual property objects
109 (29-08-17) On the approval of the composition of the Advisory Committee on Intellectual Property
110 (29-08-17) On the composition of the Advisory Committee on Entrepreneurship
111 (29-08-17) On the Draft Decision of the Council of the Eurasian Economic Commission "On Approval of the Procedure for Determining the Financial Strength of a Legal Entity Claiming to Include in the Register of Authorized Economic Operators and Values Describing Financial Sustainability and Required for Inclusion in this Register"
112 (29-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On Amendments to the Unified List of Products Subject to Mandatory Conformity with the Issuance of Conformity Certificates and Declarations of Compliance in a Unified Form"
113 (29-08-17) On the composition of the Expert Committee on Drugs
114 (29-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On Amendments to the Unified List of Products Subject to Mandatory Conformity with the Issuance of Conformity Certificates and Declarations of Compliance in a Unified Form"
115 (29-08-17) On the draft Memorandum of Cooperation between the Eurasian Economic Commission and the Agency for Standard and Metrology of Mongolia in the field of technical regulation and accreditation
116 (29-08-17) On the draft decision of the Council of the Eurasian Economic Commission "On the draft decision of the Higher Eurasian Economic Council" On the approval of the amount of the fee paid by business entities when applying to the Court of the Eurasian Economic Union"
Board Recommendations
14 (04-08-17) On common approaches to the organization of persons, means of transport and goods pass through the places of movement of goods across the customs border of the Eurasian Economic Union by road
15 (18-08-17) On the formation of integrated data on external and mutual trade in goods
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 30 July 2017. The table lists the tariff codes, a description, rationale (GRIs) for the decision.
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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 07-07-17
Subject
Decree of the Ministry of Defense of the Republic of Belarus, the Ministry of Internal Affairs of the Republic of Belarus, the State Security Committee of the Republic of Belarus, the State Border Committee of the Republic of Belarus and the State Customs Committee of the Republic of Belarus of June 19, 2017 No. 9/167/16/11/13 " Omissions for import (export) of specific goods (works, services) "
Preliminary decisions on tariff classification
The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods ( , ). The database has been updated through August 2017. It may be searched by tariff code or description (in Russian).
RUSSIAN FEDERATION
Preliminary decisions on tariff classification
The Federal Customs Service (FCS) has a searchable on-line database of preliminary decisions on tariff classification. The database has been updated through December 2016. It may be searched by tariff code, description (in Russian) or note number.
Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees ( ) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information ( - ) during the period of coverage of this Update:
Date of Publication
Subject
03-08-17 08-08-17 10-08-17
Resolution of the Government of the Russian Federation No. 908 of July 31, 2017 "On the Accession of the Russian Federation to the Marrakech Treaty on Facilitating the Access of the Blind and Persons with Visual Impairments or Other Limited Abilities to Read Printed Information to Published Works"
Decree of the Government of the Russian Federation No. 914 of 01.08.2017 "On Amendments to the Rules for Developing a List of Military Products Permitted for Transfer to Foreign Customers"
Order of the Government of the Russian Federation of 04.08.2017 No. 1682-r "On signing the Protocol on Amendments to the Agreement between the Government of the Russian Federation and the Government of the Republic of Abkhazia on the mode of trade in goods dated May 28, 2012"
Decree of the Government of the Russian Federation No. 947 of 08.08.2017 "On the departure of a certain category of goods from the Russian Federation"
Decree No. 949 of the Government of the Russian Federation of 08.08.2017 "On Amendments to the Rules for Granting a Subsidy from the Federal Budget in the Form of a Property Contribution of the Russian Federation to the State Corporation for the Development, Production and Export of High-Tech Industri-
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Date of Publication
Subject
11-08-17
15-08-17 21-08-17 23-08-17 25-08-17 30-08-17
31-08-17
al Products" Rostekhnologii " On rendering support to the open joint-stock company "Foreign economic association" Tyazhpromexport "for the completion of the construction of the iron smelter in P The Union of Myanmar "
Order of the Government of the Russian Federation No. 1703-r of 08.08.2017 "On the signing of the Agreement on the circulation of seeds of agricultural plants within the framework of the Eurasian Economic Union"
Order of the Federal Customs Service of July 18, 2017 No. 1167 "On Amendments to the Procedure for Conducting Tender Procedures for the conclusion of a contract on targeted training between the FCS of Russia and a citizen of the Russian Federation with the obligation of subsequent passage of the federal state civil service in the customs bodies of the Russian Federation approved by the order of the FCS of Russia of August 18, 2014 No. 1580 " (Registered with the Ministry of Justice of Russia on August 10, 2017 No. 47737)
Order of the Federal Customs Service of July 25, 2017 No. 1208 "On the approval of the exemplary official regulations of the federal state civil servant of the customs body of the Russian Federation and the representative office (representative) of the customs service of the Russian Federation in a foreign country" (Registered in the Ministry of Justice of Russia on August 11, 2017 No. 47764)
Order of the Federal Customs Service of 09.06.2017 957 "On the recognition of the Order of the Federal Customs Service of Russia of June 2, 2011 No. 1176 as invalid" (Registered with the Ministry of Justice of Russia on August 21, 2017 No. 47864)
Decree of the Government of the Russian Federation No. 988 of August 19, 2017 "On Amendments to the List of Goods Banned for Placement under the Customs Procedure of the Free Customs Zone Applied in the Kaliningrad Region"
Decree of the Government of the Russian Federation No. 984 of August 19, 2017 "On Amendments to the Rates of Export Customs Duties on Goods Exported from the Russian Federation Outside the Member States of the Customs Union Agreements"
Decree of the Government of the Russian Federation No. 1019 of August 28, 2017 "On Amending the Rules for the repeated crossing of the state border of the Russian Federation by Russian aircraft carrying out the delivery of people, goods and goods from the territory of the Russian Federation to artificial islands, installations and structures located in the exclusive economic zone or on the continental shelf of the Russian Federation, or from said artificial islands, installations and structures to the territory of the Russian Federation in e allocated air corridors without passing through immigration, customs (in the part of customs operations related to the arrival of (the departure) of ships) and other controls "
Order of the Federal Customs Service of 8 August 2017 No. 1288 "On approval of the procedure for examining materials containing circumstances that are grounds for the adoption (cancellation) of a decision on nonadmission of entry into the Russian Federation with respect to a foreign citizen or stateless person, as well as forms of decision on non-admission of entry to the Russian Federation in respect of a foreign citizen or stateless person, a decision to revoke a decision on non-admission of entry into the Russian Federation in respect of a foreign citizen or a person without a grievance waiting for a foreign citizen or stateless person to make a decision on the non-permission to enter the Russian Federation " (Registered in the Ministry of Justice of Russia on August 31, 2017 No. 48038)
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Africa
SOUTH AFRICA
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Date
Publication Details
04-08-17 GG.41023 R.774
GG.41038 R.831
11-08-17
GG.41038 R.829
GG.41038 R.830
GG41065 R.905
25-08-17 GG41065 R.902 GG41065 R.903
Subject
Implementation Date
Amendment of Part 1 of Schedule No. 1, by the
substitution of tariff subheadings 7216.31,
7216.32, 7216.33 and 7216.50 to increase the
rate of customs duty on steel wire rod, steel rein- 04-08-17
forcing bar and structural steel from free of duty to
10% ITAC Report 509
Notice R.774
Amendment of Part 3 of Schedule No. 2, by the
insertion of item 260.03/72.08/01.04;
260.03/7211.14/01.06; 260.03/7211.19/01.06;
260.03/7225.30/01.06; 260.03/7225.40/01.06;
11-08-17
260.03/7225.99/01.06; 260.03/7226.91/01.06 and up to and
260.03/7266.99/01.06 for remedial action in the including
form of a safeguard duty against the importation 10-08-18
of certain flat hot-rolled steel products ITAC
Report 551
Notice R.831
Amendment of Part 3 of Schedule No. 2, by the
substitution of item 260.03/72.08/01.04;
260.03/7211.14/01.06; 260.03/7211.19/01.06;
260.03/7225.30/01.06; 260.03/7225.40/01.06;
11-08-18
260.03/7225.99/01.06; 260.03/7226.91/01.06 and up to and
260.03/7266.99/01.06 to reduce the rate of safe- including
guard duty against the importation of certain flat 10-08-19
hot-rolled steel products from 12% to 10% ITAC
Report 551
Notice R.829
Amendment of Part 3 of Schedule No. 2, by the
substitution of item 260.03/72.08/01.04;
260.03/7211.14/01.06; 260.03/7211.19/01.06;
260.03/7225.30/01.06; 260.03/7225.40/01.06;
11-08-19
260.03/7225.99/01.06; 260.03/7226.91/01.06 and up to and
260.03/7266.99/01.06 to reduce the rate of safe- including
guard duty against the importation of certain flat 10-08-20
hot-rolled steel products from 10% to 8% ITAC
Report 551
Notice R.830
Amendment of Part 1 to Schedule No. 1, by the
substitution of tariff subheadings 3301.90.20 and
3301.90.30 as well as the insertion of tariff sub-
heading 0405.20.10 and 0405.20.90 to give effect
to technical corrections to the SACU tariff duty
structure as well as adjusting the duty structure to
the WTO bound rate - ITAC Report 554
Notice R.905
25 -08-17
Amendment of Part 1 to Schedule No. 1 by the
substitution of tariff subheading 8704.21.75 in
order to amend the description to engine capacity
to not exceed 1000 cm3 ITAC Report 543
Notice R.902
Amendment of Part 2B to Schedule No. 1 by the
substitution of item 126.04.02/8704.21.75 as a
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Date
Publication Details
GG41065 R.904
GG41065 R.901
GG41065 R.899
GG41065 R.900
31-08-17
Subject
Implementation Date
consequence to the amendment of the description
of tariff subheading 8704.21.75 in Part 1 of
Schedule No. 1 ITAC Report 543
Notice R.903
Amendment of Part 3E to Schedule No. 1 by the
substitution of item 153.04.15/8704.21.75 as a
consequence to the amendment of the description
of tariff subheading 8704.21.75 in Part 1 of
Schedule No. 1 ITAC Report 543
Notice R.904
Amendment of Part 1 to Schedule No. 1 by the
substitution of tariff heading 7321.11 and insertion
of item 7321.11.10 and 7321.11.90 to increase
the rate of customs duty on certain stoves for gas
fuel from 15% to 30% - ITAC Report 534
Notice R.901
Amendment of Part 1 to Schedule No. 1 by the
substitution of tariff subheading 9801.00.40 to
make provision for dumpers for off-highway use of
less than 50 tons under the APDP programme
ITAC Minute M07/2016
Notice R.899
Amendment of Part 1 to Schedule No. 3 by the
substitution and deletion of various notes and
rebate items in order to make provision for dump-
ers for off-highway use of less than 50 tons under
the APDP programme ITAC Minute M07/2016
Notice R.900
Amendment Schedule No. 1, by the substitution General Note M to amend the TRQ allocation of the Preferential Trade Agreement (PTA) between the common market of the south (MERCOSUR) and Southern African Customs Union
With retrospective effect from 01-04-16
Amendment of Part 1 to Schedule No. 1 by the
substitution of tariff subheading 7326.20.10 to
increase the rate of customs duty on gabions of
wire netting from free to 30% ITAC Report 552.
Amendment of Part 1 to Schedule No. 1 by the
substitution of tariff subheading 8708.94.20 to
reduce the rate of customs duty on rack and pin-
ion steering assemblies from 20% to free of duty
ITAC Report 553
Amendment of Part 1 to Schedule No. 1 by the
substitution of tariff subheadings 7315.82.01; 7315.82.03; 7315.82.05; 7315.82.07; 7315.82.90
01-09-17
and 7326.11 to increase the general rate of duty
from free to 15% ITAC Report 546.
Amendment of Part 1 to Schedule No. 3 by the
insertion of rebate items
320.01/3926.90.90/01.08;
320.01/4409.29.90/01.08; 320.01/8301.30/01.06;
320.01/8202.10/01.06 and
320.01/8302.42.90/01/08 in order to create a re-
bate provision for certain goods used in the manu-
facture of furniture - ITAC Report 544
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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= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.]
Date of Release
Subject
07-27-17 08-01-17 08-03-17 08-10-17
08-24-17
08-29-17 08-30-17
Settlement Agreement between the U.S. Department of the Treasury's Office of Foreign Assets Control and CSE Global Limited and CSE TransTel Pte. Ltd. [$12,027,066 to settle potential IEEPA and ITSR violations] (OFAC)
Southern California man arrested for alleged scheme to smuggle rifle scopes and tactical equipment to Syria (DOJ, ICE, FBI, BIS, IRS)
North Texas man pleads guilty in conspiracy to illegally export radiation-hardened integrated circuits to Russia and China (DOJ, ICE, FBI, BIS, DoD)
IPSA International Services, Inc. Settles Potential Civil Liability for Apparent Violations of the Iranian Transactions and Sanctions Regulations [$259,200 to settle its potential civil liability] (OFAC)
Settlement Agreement between the U.S. Department of the Treasury's Office of Foreign Assets Control and COSL Singapore Ltd [$415,350 for alleged violations of ITSR](OFAC)
Home Depot U.S.A., Inc., Provisional Acceptance of a Settlement Agreement and Order [CPSC Docket No. 17C0005] {Civil penalty of $5.7 million for selling recalled items} (CPSC)
CH Robinson Freight Services, Ltd Settlement Agreement [civil penalty of$ 37,000] for alleged violations of the EAR] (BIS)
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]
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Baker & McKenzie Martin Morawski, Associate, [email protected]
Publications, Alerts, Newsletters
The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you:
Subject
International Trade, Tax and Anti-corruption
Global International Trade Compliance Update August 2017
{older issues}
Global International Trade Client Alert: US Imposes Economic Sanctions on Venezuela
North America Tax News and Developments - August 2017
Global International Trade & Customs Practice Client Alert: US President Signs Iran, Russia, and North Korea Sanctions Bill
Mexico International Commercial Client Alert 43: Antidumping News July 2017 (Eng.); Noticias Antidumping - Julio 2017 (Span.)
Mexico International Commercial Client Alert 45: Use of FAST access lane by AEO Companies (Eng.); Uso de carril FAST por Empresas OEA (Span.)
China Establishes Cyberspace Court in Hangzhou (August 2017)
UK Government publishes paper on "Enforcement and dispute resolution"
Other areas
Baker McKenzie 2017 Asia Pacific Product Liability Guide [See below]
Baker McKenzie's Reboots and restarts: Understanding Tech M&A transactions in Asia Pacific
Global IP Practice Group IP Dispatch August 2017
Australia Proposes Modern Slavery Reporting Requirements for Business
Forms of Doing Business in Vietnam 2017
BMVN Intellectual Property Legal Alert: New Notice Regarding Grant of Copies of Documents Issued and Archived By The NOIP And Certified Copies of International Trademark Registration Designations in Vietnam
Vietnam Labor and Employment Monthly Update June and July 2017
Vietnam Mergers and Acquisitions Client Alert: New Decree 71 offers further clarity on Corporate Governance for Public Companies
Baker McKenzie Ukraine Healthcare Industry Group Newsletter July 2017
Baker McKenzie Launches Unmanned Aircraft Systems Insights Blog and Twitter Account
UAS Insights (A resource for unmanned aircraft systems and drone stakeholders): Drone Provisions in FAA Reauthorization Bills may be Delayed as Extension Seems Likely
(US) Client Alert: The SEC Asserts Jurisdiction Over Digital Currency Offerings
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Baker McKenzie launches 2017 Asia Pacific Product Liability Guide
At the heart of innovation lies product accountability and consumer protection. While companies have successfully adapted to the evolution of regulations and compliance standards all over the world, some jurisdictions are riddled with legal challenges. As a result, more and more clients need help in managing cross-border risks in a broad range of industries.
Baker McKenzie's Asia Pacific Product Liability Guide provides an overview of country-specific regulations that govern consumer and product safety, as well as the related civil, administrative and criminal liabilities. It covers 12 jurisdictions and addresses the following:
Enforcement and administration of laws on product safety and recall
Regulations for specific sectors, including food, toys, agricultural products and pharmaceuticals
Product safety, information standards and bans
Penalties for breach of product safety laws and failure to comply with compulsory recall notice
Businesses can help protect themselves against product safety and liability issues by keeping up to
speed with changing regulations. Download the Asia Pacific Product Liability Guide to find out more.
Kind regards,
Yee Chung Seck Principal Email
Chi Anh Tran Special Counsel Email
DOWNLOAD THE GUIDE
Jurisdictions covered:
- Australia - China - Hong Kong - Indonesia - Japan - Korea - Malaysia - Myanmar - Singapore - Taiwan - Thailand - Vietnam
Get a copy of this guide by clicking this link or the download button below.
DOWNLOAD
International Trade Compliance Update | September 2017
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Webinars, Meetings, Seminars, Etc.
Baker & McKenzie
Anti-Bribery and Corruption Seminar Tuesday 26 September, 8:30 am 4:30 pm The opening day of our Annual Anti-Bribery, Trade and Customs Conference will focus on anti-bribery and corruption. The past year has seen major enforcement activity and far-reaching legislative developments across the world which we will be exploring throughout the day. Please click here for the full agenda.
Export Controls and Trade Sanctions Seminar Wednesday 27 September, 9:00 am 5:30 pm This session will update delegates on key recent developments in EU, UK, US and international export controls and trade sanctions. In particular, we will provide an update on the latest developments related to sanctions against Iran, Sudan, Russia, Cuba and North Korea, both in the EU and under the new Trump administration, whilst also discussing potential trade implications arising from Brexit and the boycott against Qatar by various Gulf and Arab nations. Please click here for the full agenda.
Customs Seminar: Impact of Brexit, Trump and other key developments Thursday 28 September, 8:30 am 5:00 pm The final day of our conference will focus on the expected impact on customs of Brexit, the impact of the Trump presidency on global trade and other key developments in the customs arena. Please click here for the full agenda.
We hope that you will be able to join us for what will be an interesting and fruitful three days. Please register as soon as possible as places are limited.
For further information relating to the London event please contact [email protected].
Should you prefer to attend our trade conferences in Amsterdam or Santa Clara instead, you can obtain additional information on these conferences via the contacts set out below.
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We would like to invite you to our 7th Annual International Trade & Compliance Conference on Thursday 21 September and Friday 22 September 2017 at the Sheraton Amsterdam Airport Hotel.
The conference will provide you with an overview of significant developments with respect to export controls, trade sanctions and customs regulations as well as anti-bribery enforcement trends.
This year's event will pay extra attention to the:
Market access barriers with respect to, amongst others, Russia, Iran, North Korea and Cuba policies;
Qatar sanctions; Enforcement trends and developments: EU
and U.S. perspective; New U.S. sanctions legislation (especially
the provisions directed at Russia, and possible conflicts in sanctions policies between the U.S. and the EU); Emerging outline of the Trump Trade Policy; Implications of Brexit for international trade relations - the UK, the EU-27 and beyond; and Anti-bribery: recent examples to identify trends and expectations.
We will bring together presenters from a number of our offices, including Amsterdam, Frankfurt, London, Moscow, San Francisco, Singapore, the United Arab Emirates and Washington D.C. Among them are former White House and U.S. Department of Justice officials. Further details as well as the speakers at our conference are set out in the current program
If you would like to attend our conference, please register by using the button below. Feel free to pass this invitation on to your colleagues.
This conference for in-house legal counsel and compliance managers is free of charge. Please
Location Sheraton Amsterdam Airport Hotel Schiphol Boulevard 101 1118 BG Amsterdam >> Directions
Baker McKenzie's EU Trade team Baker McKenzie's EU Trade team is the region's largest and leading international trade team. The EU team is supported by the world's largest group of international trade lawyers. With over 20 years experience, our long standing trade team's experience is well placed to guide you through national and international challenges and opportunities that multinational companies are likely to face as a result of the new political landscape.
To keep abreast of international trade-related news, visit our blogs:
>> International Trade Compliance Update - July 2017
>> Brexit: What it means for your business
>> Sanctions Update
>> Qatar Diplomatic Crisis - The continuing impact
>> Trump on Trade: What it Means for Your Business
Additional information:
This conference is CPD accredited for 11 hours for two days conference (6 hours for day 1 and 5 hours for day 2) SRA Authorisation Code 009/BAMC.
The Dutch Bar Association has permitted Baker & McKenzie Amsterdam N.V. to issue NoVa points for the attendance of this conference. If you attend both days of the conference you will receive 10 NoVa points, whereas a one-day attend-
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register as soon as possible as seats are limited. A formal confirmation confirming your seat, including final details, will be sent to you early August.
We look forward to welcoming you at our conference.
Kind regards,
Mattias Hedwall Head of Baker McKenzie's International Commercial & Trade Group
Baker & McKenzie
ance for day 1 will lead to 5 NoVa points being granted.
Silicon Valley - A Year-End Review of Import/Export Developments
14 & 15 November 2017 - Santa Clara
For more information about this conference, please contact: Elizabeth Rittinger
Business Development Manager T: +1 415 984 3853
2017 Global Trade and Supply Chain Webinar Series
Beginning of a New Era in Global Trade and Business?
We are very pleased to announce our 14th annual, Global Trade and Supply Chain Webinar Series entitled, "2017: Beginning of a New Era in Global Trade and Business?". The series will include the latest international trade developments including the impact of the
Trump presidency on trade policy and of Brexit. In addi-
tion to our usual topics of Customs, export controls/sanctions and FCPA/anti-bribery, we will also cover
data privacy and intellectual property in the supply chain.
Webinar Start Time: 08:00 AM (Pacific) 10:00 AM (Central) 11:00 AM (Eastern) *see timeanddate.com for time in your location.
Duration: 90 Minutes
Login Details: Log-in details will be sent via email one
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Baker & McKenzie
This year, we are very excited to expand our usual program to launch our Customs Academy, which will feature 6 "Customs 101" webinars (indicated in green). The Customs 101 program will be primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions.
Terrie Gleason, a partner in our 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 will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time please click on the following link: www.timeanddate.com.
Webinar 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 (Guadalajara)
May 23
Impact on Sanctions: Trump Administration's Effects on US, EU, and Russian
Sanctions
Speakers: Alexander Bychkov (Moscow), Ben Smith (London), Alex Lamy (Washington, DC) and Alison Stafford Powell (Palo Alto)
June 27
Customs Basic: Determining the Origin of Your Products
Speakers: 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
week before the event.
Focus Group Head: Teresa A. Gleason Head, Global Customs Focus Group Tel: +1 202 452 7030 [email protected]
These webinars area all complimentary.
Questions: If you have any questions regarding this webinar series, please contact:
Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]
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 12/12/1512/11/18. 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.
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
International Trade Compliance Update | September 2017
98
Speakers: Gooike van Slooten (Amsterdam), Paul Amberg (Chicago), Manuel Padron (Juarez), and Panya Sittisakonsin (Bangkok)
September 26
Intellectual Property Considerations and Issues in Your Supply Chain
Speakers: Joyce Smith (San Francisco) and Gary Shapiro (San Francisco)
October 24
Customs Basic: What You Need to Know about Customs in the EU, Russia and China
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)
Baker & McKenzie
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
Presented February 16
Presented March 29
Presented April 19
Presented May 24
Presented June 21 1
Presented July 26
Overview of the Trans-Pacific Partnership (TPP) Speakers: Frederick Burke (Ho Chi Minh City), Miguel Noyola (Chicago), Eugene Lim (Singapore), and Elizabeth Nightingale (Kuala Lumpur).
The Trans-Pacific Partnership (TPP) and Labor and Environment Speakers: Frederick Burke (Ho Chi Minh City) and Thuy Hang Nguyen (Ho Chi Minh City).
Customs Considerations in Free Trade Agreements, Including TPP and NAFTA Speakers: Adriana Ibarra (Mexico City), Stuart Seidel (Washington, DC), and Meredith DeMent (Washington, DC).
The Latest on Trade Sanctions: Iran, Russia, and Other Developments Speakers: Steven Hill (Washington, DC), Philippe Reich (Zurich), Alexander Bychkov (Moscow), and Ben Smith (London).
Cuba Sanctions Developments and Updates Speakers: Alison Stafford-Powell (Palo Alto), Alexandre Lamy (Washington, DC), Brian Cacic (Toronto), and Julia Pfeil (Frankfurt).
FCPA Considerations Arising in Import/Export Operations Speakers: John McKenzie (San Francisco), Joan Meyer (Washington, DC) and Mini vandePol (Hong Kong).
Update on Customs Valuation Issues Around the World Transfer Pricing, First Sale, Royalties Speakers: Paul Burns (Toronto), Nicole Looks (Frankfurt), Jennifer Revis (London), and Eugene Lim (Singapore).
International Trade Compliance Update | September 2017
99
Country Argentina Argentina Australia
Belize Belize
Belize
Belize
Baker & McKenzie
Practice Group Co-Chair: Teresa A. Gleason, Co-Chair, Global Customs and FTA Practice (Washington, DC), Tel: +1 202 452 7030, [email protected]
Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez, Business Development Specialist, Tel: +1 202 835 1661 or [email protected].
MCLE Credit:
Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credit. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This 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.
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
ARG/107/Add.3 ARG/325 AUS/105 BLZ/8 BLZ/9
BLZ/10
BLZ/11
08/17/2017 Not given Wine products
08/17/2017 09/16/2017 Wine products
08/25/2017 08/16/2017 08/16/2017 08/16/2017 08/16/2017
Air conditioning machines, comprising a motordriven fan and elements for changing the tempera10/24/2017 ture and humidity, including those machines in which the humidity cannot be separately regulated. (HS 8415)
10/06/2017
Pre-packaged foods to be offered to the consumer or for catering purposes
New pneumatic tyres, of rubber (HS 4011), Re-
10/06/2017
treaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber
(HS 4012)
New pneumatic tyres, of rubber (HS 4011), Re-
10/06/2017
treaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber
(HS 4012)
New pneumatic tyres, of rubber (HS 4011), Re-
10/06/2017
treaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber
(HS 4012)
International Trade Compliance Update | September 2017
100
Country
Brazil Brazil Brazil Brazil Brazil
Brazil
Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil
Canada
Chile Chile Chile Chile Chile China
China
Costa Rica Costa Rica Czech Republic Ecuador Ecuador
Baker & McKenzie
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
BRA/319/Add.4 07/28/2017 Not given Vehicles
BRA/610/Add.3 BRA/726 BRA/727
07/28/2017 Not given Vehicle platform lift (HS 8428)
07/25/2017
08/19/2017
Personal hygiene products, cosmetics and perfumes HS 33
07/28/2017 Not given Agrochemical products (HS 3808)
BRA/728 BRA/729 BRA/730
08/07/2017 Not given Rear-view mirrors (HS 7009)
Electrical lighting or visual signalling equipment for 08/08/2017 Not given motor vehicles (excl. lamp of heading 8539) (HS
851220)
08/08/2017 10/06/2017 Medical Devices
BRA/731
08/08/2017 10/08/2017 Pharmaceutical products (HS 30)
BRA/732
08/08/2017 10/08/2017 Medicines
BRA/733
08/08/2017 10/08/2017 Medicines
BRA/734
08/08/2017 10/08/2017 Medicines
BRA/735
08/08/2017 10/08/2017 Medicines
BRA/736
08/18/2017 Not given Pharmaceutical Products
BRA/737
08/18/2017 09/09/2017 Powdered milk (HS 0402)
BRA/738
08/18/2017 Not given Animal origin products (HS 0511)
BRA/719/Add.1 CAN/531 CHL/122/Add.1
08/25/2017 Not given Beverage, wine and grape product
Corded Window Coverings (may include Consumer 08/25/2017 10/21/2017 Products (not including food, therapeutics or cos-
metics))
07/25/2017 Not given Gas-fired domestic cooking appliances
CHL/418 CHL/419 CHL/166/Add.1
07/20/2017 09/18/2017 Free-standing gas-fired stoves equipped with a fan
07/31/2017
09/29/2017
Electrical extension cords (extension cords and multi-socket extension cords)
07/28/2017 Not given Water heaters
CHL/407/Add.1 CHN/1213
CHN/1214 CRI/168 CRI/169
08/10/2017 Not given Food for human consumption.
07/28/2017 07/28/2017
09/26/2017
Helmets for motorcyclists (HS 6506100090); Safety headgear (HS 650610).
Electrically heating blankets, pads and similar flexi09/26/2017 ble heating appliances (HS:6301100000); Electric
blankets (HS 630110)
06/21/2017 08/20/2017 Unripened cheese
06/21/2017 08/20/2017 Ultra-high temperature (UHT) pasteurized milk
CZE/205 ECU/198/Add.4 ECU/32/Add.15
08/15/2017 10/14/2017 Breathalysers 08/03/2017 Not given Respiratory protective devices (HS 6307.90.30) 08/17/2017 Not given Motor vehicles (HS 9900)
International Trade Compliance Update | September 2017
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Country El Salvador European Union European Union European Union European Union European Union European Union European Union India India
Indonesia
Israel Israel Israel
Baker & McKenzie
Notification SLV/197 EU/496 EU/495 EU/497 EU/498 EU/499 EU/500 EU/501 IND/61 IND/62
IDN/117
ISR/950 ISR/951 ISR/952
Final Date
Date Issued
for
Comments
Merchandise Covered
07/17/2017 09/14/2017 Portable liquefied petroleum gas (LPG) cylinders
07/28/2017
Substances recently classified as carcinogenic, mutagenic and reproductive toxicants (CMR) cate09/26/2017 gory 1A and 1B as substances on their own or in mixtures that are placed on the market or used for supply to the general public.
07/25/2017 09/23/2017 Iprodione (pesticide active substance)
08/04/2017 10/03/2017 Clothianidin (pesticide active substance)
08/04/2017 10/03/2017 Imidacloprid (pesticide active substance)
08/04/2017 10/03/2017 Thiamethoxam (pesticide active substance)
08/11/2017 10/10/2017 Construction products
08/25/2017 10/24/2017 Construction equipment
08/23/2017 10/22/2017 Food Products
08/23/2017 10/22/2017 Food Products
08/02/2017
SNI 04-6253-2003 Audio, video and similar elec-
tronic apparatus - Safety requirements, consisted in
Television sets up to 42 inch screen size including
the cathode ray tube (CRT)-based TVs (HS
8528.72.91; ex. 8528.72.92; ex.8528.72.99); Porta-
ble audio-video player (HS ex. 8519.81.99); Disc
Player VCD (HS 8519.81.30; ex. 8521.90.19;
ex.8521.90.99); Disc Player DVD (HS 8519.81.30;
ex. 8521.90.19; ex.8521.90.99); Disc Player Blu-ray
(HS 8519.81.30; ex. 8521.90.19; ex.8521.90.99);
Radio receiver (HS 8527.91.10; ex 8527.91.90; ex
8527.92.20; 8527.99.20; ex 8527.99.90); Head unit
mobil (HS ex 8527.21.00; ex 8527.29.00); Audio
power amplifier (HS 8518.40.40; 8518.50.10;
10/01/2017
8518.50.20; 8518.50.90); Active speaker (HS ex 8518.21.10; ex 8518.21.90; ex 8518.22.10; ex
8518.22.90; ex 8518.29.90); Console video game
(HS 9504.50.10; 9504.50.90); Television set top
box (HS ex 8528.71.11) Articles for funfair, table or
parlour games, including pintables, billiards, special
tables for casino games and automatic bowling
alley equipment. (HS 9504), - Loudspeakers,
whether or not mounted in their enclosures: (HS
85182), - Radio- Broadcast receivers not capable of
operating without an external source of power, of a
kind used in motor vehicles, including apparatus
capable of receiving also radio-telephony or radio-
telegraphy: (HS 85272), - Audio-frequency electric
amplifiers (HS 851840), - Electric sound amplifier
sets (HS 851850), - Other (HS 852190).
08/23/2017 10/22/2017 Plugs and socket-outlets (HS 8536)
08/23/2017 10/22/2017 Double-capped LED lamps (HS 854140)
08/23/2017 10/22/2017 Luminaires: Floodlights (HS 8513, 9405)
International Trade Compliance Update | September 2017
102
Baker & McKenzie
Country
Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Italy
Japan
Japan
Korea, Republic of
Korea, Republic of Korea, Republic of Malaysia Malaysia Malaysia
Mexico Mexico Mexico
Notification
ISR/953 ISR/954 ISR/955 ISR/956 ISR/957 ISR/958 ISR/959 ISR/960 ISR/961 ISR/962 ITA/30/Corr.1
JPN/563
JPN/564
KOR/720
KOR/721 KOR/722 MYS/75 MYS/76 MYS/77
MEX/363 MEX/364 MEX/365
Final Date
Date Issued
for
Comments
Merchandise Covered
08/23/2017 10/22/2017 Medical syringes and needles (HS 901831, 901832)
08/24/2017 10/22/2017 Lamps (HS 853661, 854710, 854720)
08/24/2017 08/25/2017 08/28/2017 08/28/2017 08/28/2017 08/28/2017
10/22/2017
Circuit-breakers for a.c. and d.c. operation (HS 853620, 853890)
10/24/2017
Electrical circuit-breakers (HS 853620, 853630, 853690, 853890)
10/27/2017
Aviation fuel quality control and operation (HS 2710)
10/27/2017
Aviation fuel quality control and operation (HS 2710)
10/27/2017
Aviation fuel quality control and operation (HS 2710)
10/27/2017
Automatic electrical timers and time switches (HS 9106)
08/28/2017 10/27/2017 Self-ballasted LED-lamps (HS 8539)
08/28/2017 10/27/2017 Coaxial communication cables (HS 854420)
08/03/2017 Not given Rice
07/28/2017
Motor vehicles for the transport of ten or more persons, including the driver. (HS 8702), Motor cars and other motor vehicles principally designed for 09/26/2017 the transport of persons (other than those of heading 87.02), including station wagons and racing cars. (HS 8703), Motor vehicles for the transport of goods. (HS 8704).
08/22/2017 10/21/2017 Dust Respirators (HS 9020)
07/25/2017
Sawn timber, Preservative treated wood, Fire retardant treated wood, Wood Plastic Composites, Glulam, Plywood, Particleboard, Fiberboard, Oriented Strand Board, Flooring Board, Wood Pellets, 09/23/2017 Wood Chips, Wood Briquettes, Agglomerated wood charcoal, Charcoal Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm. (HS 4407)
08/03/2017 10/02/2017 Cosmetics
08/23/2017 10/22/2017 Quasi-drugs
08/25/2017 10/24/2017 DTT active indoor antenna
08/25/2017 10/24/2017 LTE user equipment
08/25/2017 07/20/2017
Mandated equipment including but not limited to 10/24/2017 terrestrial free to air set top box receivers, integrat-
ed digital television or personal video recorders
Equipment to block mobile phone signals, radio09/12/2017 communications and the transmission of data
(85432005)
07/20/2017 09/15/2017 Mobile terminal equipment (87.17.69.10)
07/20/2017 09/10/2017 Anti-pollution equipment (98.06.00.02)
International Trade Compliance Update | September 2017
103
Baker & McKenzie
Country
Mexico Mexico Mexico Mexico Mexico Mexico Mexico Nicaragua Nicaragua Nicaragua Paraguay
Peru
Philippines Philippines Russian Federation Russian Federation Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia
Singapore
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
MEX/366
07/20/2017 09/08/2017 Other seats (94.01.80.01)
MEX/324/Add.1 08/02/2017 Not given Artificial light sources (heading 9405)
MEX/333/Add.1 08/10/2017 Not given Onshore petroleum facilities
MEX/324/Add.2 MEX/345/Add.1
MEX/320/Add.1 MEX/330/Add.1 NIC/153
08/17/2017 Not given Artificial light sources (heading 9405)
08/17/2017 08/28/2017 08/28/2017
Not given Not given Not given
Jamming equipment used to block mobile phone signals, radio communications and the transmission of images and other data (tariff heading 8517)
Compressed natural gas (CNG) loading terminals (heading 76.13)
Design characteristics and conditions for use of the official countermark
06/22/2017 08/21/2017 Ultra-high temperature (UHT) pasteurized milk
NIC/154
06/22/2017 08/21/2017 Unripened cheese
NIC/153/Add.1 PRY/99
PER/49/Add.1
PHL/199 PHL/200
08/28/2017 Not given Ultra-high temperature (UHT) pasteurized milk
07/17/2017 08/10/2017 08/07/2017
Not given
Liquefied petroleum gas (LPG) (Tariff headings: 2711.19.10, 2711.12.10 and 2711.13.00)
Not given
Chapter 4: Dairy produce; edible products of animal origin, not elsewhere specified or included. 0401.10: Of a fat content, by weight, not exceeding 1% 0401.20: Of a fat content, by weight, exceeding 1% but not exceeding 6% 0402.10: In powder, granules or other solid forms, of a fat content, by weight, not exceeding 1.5% 0402.21: Not containing added sugar or other sweetening matter 0402.29: Other 0402.91: Evaporated milk 0403.10: Yogurt 0406.10: Fresh cheese
10/06/2017 Food Additives
08/07/2017 10/06/2017 Food products
RUS/84
08/29/2017 10/25/2017 Synthetic detergents and water softeners
RUS/85 SAU/990 SAU/991 SAU/992 SAU/993 SAU/994 SAU/995 SAU/996
SGP/37
08/29/2017 10/25/2017 Disinfectants
08/21/2017 08/21/2017 08/21/2017 08/21/2017 08/21/2017
10/20/2017
Cars spare parts (HS codes: see the Annex (1), page 15)
10/20/2017
Trailers and half trailers (HS codes: see the Annex (1), page 16)
10/20/2017
Hydraulic links and related products (HS codes: see the Annex (1), page 16)
10/20/2017
Bricks, tiles, ceramics, sanitary ware and related products (HS codes: see the Annex (1), page 15)
10/20/2017
Side barriers for trucks and trailers (HS codes: see the Annex (1), page 15)
08/21/2017 10/20/2017 Elevators (HS codes: see the Annex (1), page 19)
08/21/2017 07/31/2017
10/20/2017
Textile Products (HS codes: see the Annex (1), page 24)
Examples of HS codes for polychlorinated naphthalenes and trichlorfon proposed for control: 1. Poly09/29/2017 chlorinated naphthalenes HS 29039900: Other halogenated derivatives of aromatic hydrocarbons 2. Trichlorfon HS - 38089199: Insecticides not
International Trade Compliance Update | September 2017
104
Country
Singapore
South Africa South Africa Switzerland Switzerland Switzerland Switzerland Switzerland Taiwan Economy Taiwan Economy Taiwan Economy Taiwan Economy Taiwan Economy Taiwan Economy Taiwan Economy
Baker & McKenzie
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
SGP/38
ZAF/218 ZAF/219
08/09/2017 08/09/2017
specified in Subheading Note 1 of chapter 38, not in aerosol containers & not having deodorising function HS 29199000: Other phosphoric esters & salts & their halogenated sulphonated, nitrated or nitrosated derivatives
HS 8501.51, HS 8501.52 and HS 8501.53 with respect to: Single speed, three-phase 50 Hz induction motors that have: . 2, 4 and 6 poles; . rated output power from 0.75 kW to 375 kW; . rated voltage up to 1,000V; and . rated on the basis of continuous duty operation The following motors will be excluded: . Motors specifically designed to operate: . where ambient air temperatures exceed 60C; . in maximum operating temperature above 400C; . where ambient air temperatures are less than -30C for any motor or less than 0C for a motor with water cooling; . where the water coolant temperature 10/08/2017 at the inlet to a product is less than 0C or exceeding 32C; or . in potentially explosive atmospheres; . Motors specified to operate wholly immersed in a liquid; . Multi-speed motors; . Brake motors; . Torque motors; . Motors that are completely integrated into a product where the motors' energy performance cannot be tested independently from the product (e.g. chiller compressor); . Motors that are supplied exclusively to third parties who will incorporate the motors into equipment that will be exported to another country; and . Motors exempted by the Director-General of Environmental Protection of the National Environment Agency. (HS: 85015).
09/07/2017
Electrical and electronic appliance/equipment for domestic and office use
08/09/2017 10/08/2017 Food Technology
CHE/220
07/24/2017 09/22/2017 Medicinal products
CHE/221
07/24/2017 09/22/2017 Medicinal products
CHE/222
07/24/2017 09/22/2017 Medicinal products
CHE/223
07/24/2017 09/22/2017 Medicinal products
CHE/224
TPKM/262/Add. 1 TPKM/270/Add. 1
TPKM/282
08/23/2017 10/22/2017 Organic products 07/28/2017 Not given Food products containing Cordyceps militaris 07/28/2017 Not given Toys for children under 14 years of age 07/28/2017 09/06/2017 Low-Power Radio-Frequency Devices
TPKM/283
08/09/2017 10/08/2017 Food and relevant products
TPKM/284
08/09/2017 10/08/2017 Steel wire ropes (HS 7312)
TPKM/285
08/16/2017 10/15/2017 Imported Foods and Related Products
TPKM/286
08/16/2017 10/15/2017 Motor Vehicle Noise (HS 8702, 8703, 8704, 8711)
International Trade Compliance Update | September 2017
105
Country
Taiwan Economy Taiwan Economy Taiwan Economy Thailand Thailand Turkey Turkey Turkey Turkey Turkey Turkey Turkey Turkey Turkey Turkey Uganda Uganda
Uganda
Uganda
Uganda
Uganda
Baker & McKenzie
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
TPKM/287
08/16/2017 10/15/2017 Cosmetics
TPKM/271/Add. 1
08/28/2017
Not given Pressure cookers for domestic use (HS 73239)
TPKM/288
08/28/2017 10/27/2017 Health food for human consumption
THA/60/Rev.1/A dd.1
07/25/2017
Not given Domestic electrical appliances (HS Chapter 8)
THA/500
08/10/2017 10/09/2017 Hazardous Substances
TUR/95
08/01/2017 10/01/2017 Ball valves with cast iron
TUR/96
08/01/2017 10/02/2017 Assembly Tools for Screws and Nuts
TUR/97
08/01/2017 10/02/2017 Hexagon Head Bolts
TUR/98 TUR/63/Add.1 TUR/99 TUR/100 TUR/101 TUR/102 TUR/103
08/01/2017 10/01/2017 Lead-acid batteries
07/28/2017 08/09/2017 08/09/2017
Not given
Agricultural products intended to be marketed as organic in Turkey
08/30/2017
Extraction solvents used in the production of foodstuffs and food ingredients
08/30/2017
The methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs
08/10/2017 09/15/2017 Foodstuffs of animal origin
08/10/2017
10/09/2017
Bolt and washer sets - regular screw threaded and non-falling conical spring washer sets
08/10/2017 10/09/2017 Fasteners, Studs, Welded, Metric Screw
UGA/705
08/07/2017 10/06/2017 Polystyrene (HS 39031)
UGA/706 UGA/707 UGA/708 UGA/709
UGA/710
08/07/2017 10/06/2017 Building limes (HS 25)
08/07/2017 08/07/2017 08/07/2017
08/07/2017
Commercial blasting explosives, Ammonium Nitrate. Explosives; pyrotechnic products; matches; 10/06/2017 pyrophoric alloys; certain combustible preparations (HS 36), - Ammonium nitrate, whether or not in aqueous solution (HS 310230)
Commercial blasting explosives, Ammonium Nitrate Fuel Oil explosives. Prepared explosives, other 10/06/2017 than propellent powders. (HS 3602), - Ammonium nitrate, whether or not in aqueous solution (HS 310230)
Polyethylene. Ethylene (HS 290121), - Polyethylene
10/06/2017
having a specific gravity of less than 0.94 (HS 390110), - Polyethylene having a specific gravity of
0.94 or more (HS 390120)
Polyvinylchloride (PVC). Polymers of vinyl chloride or of other halogenated olefins, in primary forms. (HS 3904), Of polymers of vinyl chloride: (HS 39204), Vinyl chloride (chloroethylene) (HS 10/06/2017 290321), Vinyl acetate (HS 291532), Of polymers of vinyl chloride (HS 391530), Of polymers of vinyl chloride (HS 391620), Of polymers of vinyl chloride (HS 391723), Of polymers of vinyl chloride (HS 391810), Of polymers of vinyl chloride (HS 392112)
International Trade Compliance Update | September 2017
106
Country
Uganda Uganda Uganda Uganda
Uganda
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda
Uganda
Uganda Uganda Uganda
Baker & McKenzie
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
UGA/705/Corr.1 08/11/2017 Not given Polystyrene (HS 39031)
UGA/612/Add.1 08/10/2017 Not given Food grade material, Food packaging
UGA/729 UGA/711
UGA/712
UGA/713 UGA/714 UGA/715 UGA/716 UGA/717 UGA/718 UGA/719 UGA/720 UGA/721 UGA/722 UGA/723 UGA/724 UGA/725 UGA/726
UGA/727
UGA/728 UGA/729 UGA/730
08/23/2017 10/22/2017 Illuminating candles (HS 34)
08/22/2017
08/22/2017
08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017 08/22/2017
School Clothing. Other articles of plastics and arti10/21/2017 cles of other materials of headings 39.01 to 39.14
(HS 3926, 6309, 420310, 681250)
School Clothing, blazers. Other articles of plastics
10/21/2017
and articles of other materials of headings 39.01 to 39.14 (HS 3926, 6103, 6204, 6309, 420310,
681250)
10/21/2017
School clothing, trousers and shorts (HS 6103, 6203, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, girls' shirts, boys' shirts (HS 6106, 6205, 6206, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, girls' dresses, girls' tunics, girls' gyms (HS 6104, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, girls' slacks, girls' skirts (HS 6104, 6204, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, knee-high stockings, ankle socks (HS 6115, 6309, 392610, 420310)
10/21/2017
School clothing, jerseys, cardigans (HS 6110, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, girls' briefs (HS 6108, 6208, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, tracksuits (HS 6112, 6211, 6309, 392610, 420310, 681250)
10/21/2017
School clothing, athletic wear (HS 6309, 9506, 61123, 61124, 392610, 420310, 681250)
10/21/2017
Sanitary towels, reusable sanitary towels (HS 481840, 560110)
10/21/2017
Adult diapers, adult briefs, adult underpads (HS 61071, 61082)
08/22/2017 10/21/2017 Urea fertilizer (HS 3102)
08/22/2017 08/22/2017
08/22/2017
08/22/2017
10/21/2017
Ammonium sulphate nitrate fertilizer; Mineral or chemical fertilizers, nitrogenous (HS 3102)
10/21/2017
Calcium ammonium nitrate fertilizer, Mineral or chemical fertilizers, nitrogenous (HS 3102)
Monoammonium phosphate fertilizers, diammonium
phosphate fertilizers . Mineral or chemical fertilizers,
phosphatic (HS 3103), Mineral or chemical fertiliz-
10/21/2017
ers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other
fertilizers; goods of this Chapter in tablets or similar
forms or in packages of a gross weight not exceed-
ing 10 kg. (HS 3105)
10/21/2017
Potassium chloride fertilizer, muriate of potash fertilizer (HS 3104)
08/23/2017 10/22/2017 Illuminating candles (HS 34)
08/28/2017
10/27/2017
- Crude oil (HS 150810), - Crude oil (HS 151110), -Crude oil (HS 151211), -- Crude oil (HS 151311), --
International Trade Compliance Update | September 2017
107
Country
Uganda
Uganda
Ukraine Ukraine United Kingdom United States United States United States United States United States United States United States United States United States United States United States Uruguay Uruguay Uruguay Uruguay Uruguay Viet Nam Viet Nam Viet Nam
Baker & McKenzie
Notification
Final Date
Date Issued
for
Comments
Merchandise Covered
UGA/731 UGA/732 UKR/118
08/28/2017 08/28/2017
Crude oil (HS 151321), -- Crude oil (HS 151411), -Crude oil (HS 151491), -- Crude oil (HS 151511), -Crude oil (HS 151521)
- Crude oil (HS 150810), - Crude oil (HS 151110), -Crude oil (HS 151211), -- Crude oil (HS 151311), -10/27/2017 Crude oil (HS 151321), -- Crude oil (HS 151411), -Crude oil (HS 151491), -- Crude oil (HS 151511), -Crude oil (HS 151521)
Crude Oils, Fuel Oils; - Crude oil (HS 150810), Crude oil (HS 151110), -- Crude oil (HS 151211), -Crude oil (HS 151311), -- Crude oil (HS 151321), -10/27/2017 Crude oil (HS 151411), -- Crude oil (HS 151491), -Crude oil (HS 151511), -- Crude oil (HS 151521), Fuel, lubricating or cooling medium pumps for internal combustion piston engines (HS 841330)
08/04/2017 10/03/2017 Building materials, products and structures
UKR/119
08/15/2017 10/14/2017 Appliances burning gaseous fuels
GBR/28
07/31/2017 10/29/2017 Cosmetics and Personal Care products
USA/1013/Add.3 07/24/2017 Not given Chemical substances
USA/1302
USA/1038/Add.1 /Corr.1
USA/1194/Add.1
07/24/2017 08/11/2017 08/10/2017
08/31/2017 Renewable fuel standard program Not given Air emission sources Not given Dedicated-purpose pool pumps (HS 8413)
USA/1303
08/10/2017 12/31/2017 Manufactured Home Regulations
USA/874/Add.10 08/17/2017 Not given General service lamps (HS 8512.90)
USA/1005/Add.1 08/17/2017 Not given Animal feed and drinking water additives
USA/1172/Add.1 08/30/2017 Not given Natural gas
USA/1231/Add.2 08/30/2017 Not given Onions (HS 0703)
USA/1233/Add.2 08/30/2017 Not given Volatile organic compounds USA/1235/Add.2 08/30/2017 Not given Shelled walnuts (HS 08023)
URY/15
07/20/2017 09/18/2017 Portland cement for structural use
URY/16
Pneumatic tyres for mopeds, motorbikes, motorcy07/21/2017 09/19/2017 cles, scooters and similar vehicles (NCM
4011.40.00)
URY/18
08/11/2017 10/10/2017 Meat and meat products
URY/19
08/11/2017 10/10/2017 Milk
URY/20
08/11/2017 10/10/2017 Pre-measured or pre-packaged products
VNM/103
08/16/2017 10/15/2017 Construction materials in general
VNM/104
08/23/2017 10/21/2017 Wood adhesives
VNM/105
08/28/2017 10/27/2017 Sodium chloride salt (HS 2501)
International Trade Compliance Update | September 2017
108
CBSA Advance Rulings
Baker & McKenzie
The following table lists advance rulings posted by the Canada Border Services Agency (CBSA). In September of 2014, the CBSA enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.
It is important to note that rulings are binding only between the CBSA and the applicant. While posted rulings are for reference purposes only, they provide 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.
Date
TRS Number
06-09-16 273851 04-26-16 273558
06-27-16 275146
06-20-16 274444
06-27-16 275198
Merchandise
Apparel 10mm PVC Suit APHD C004, P/N 2000015734 Burner Assembly 9993 Grill, product number 9993-5131
Cielos Crunchy Olives : Paprika
Ladies Belt Style # 405575 Melanie's Medleys Chocolate, Coconut & Artisan Grain Blend
06-27-16 275190
Melanie's Medleys Cinnamon, Walnut & Artisan Grain Blend
06-27-16 275186 Melanie's Medleys Fruit, Almond & Artisan Grain Blend
06-20-16 274890 06-09-16
06-09-16 274968
NIPPRIG Plant Pot, item #40296943
Teranap 431 bituminous geomembrane Well seals composed of cast iron and rubber and well seals composed of steel and rubber
Tariff Classification and Basis
3926.20.99.10 [GIR 1, 6] 7321.90.10.29 [GIR 1, 6] 2005.70.90.00 [GIR 1, 6; Chap 11 LN 1(d)] 4203.30.00.00 [GIR 1, 3(b), 6] 1904.10.90.90 [GIR 1, 6; ENs to Chaps. 18 &19] 1904.10.10.90 within access commitment [GIR 1, 6] 1904.10.29.90 over access commitment other 1904.10.10.90 within access commitment [GIR 1, 6] 1904.10.29.90 over access commitment other 4602.19.99.00 [GIR 1, 3(b) and 6] 6807.10.00.90
4016.93.99.90 [GIR 1, 3(b) and 6]
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.
International Trade Compliance Update | September 2017
109
Baker & McKenzie
Published in CBP Bulletin
(P) Proposed
(A) Action
Product(s) or Issue(s)
Ruling(s) to be
Modified (M) or Revoked (R)
Old Classifi-
cation or Position
New Ruling
New Classification or Position
Comments Due
(C) or Effective Date (E)
(P) 08-02-17 (P) 08-09-17 (P) 08-16-17 (A) 08-02-17 (A) 08-09-17
Proposed Revocations/modifications
Tariff classification of a
document holder or multifunction folder with a
NY N106619
(R)
4820.10.2040
HQ H252610
4820.10.2020 [GRI 1,6]
memorandum pad
Tariff classification of fiber optic ribbon
HQ 962445
(R) 8544.70.00
HQ H098958 9001.10.00 [GRI 1]
Tariff classification of imitation wicker chairs with metal frames
HQ 952032 (M) 9401.5
NY N050095 NY N125879
(M) (M)
9401.79.0005 9401.79.0005
HQ H192520
9401.79.00 [GRI 1,6]
(using GRI 3)
(C) 09-01-17
Tariff classification of lawn mower tires
Not eligible
HQ H156538 (R) for duty-free 9817.00.60
Are eligible for duty free
HQ H264768
treatment under 9817.00.60 as parts of a
machine of 8433
Tariff classification of wooden corner block constructed of two pieces NY N224237 (R) 9401.90 of wood laminated together
HQ H278497
4421.99.94 [GRI 1, 6; EN chap. 44, 94]
Tariff classification of parallel reaction stations NY I81272 for organic chemistry
8419.89.95 [GRI 1; EN (C) 09-08-17 (R) 8479.82.0040 HQ H274139 84.19; WCO C.O.
8419.89/3.]
Tariff classification of an ornamental ceramic arti- NY N201236 (R) 9405.50.40 cle
6913.90.50 [GRI 1, N. HQ H274832 1(l) to Chapr 94; EN
94.05]
Tariff classification of vacuum trucks designed for liquid and semi-liquid waste removal.
HQ H235508 (R) 8704.23.0000
NY N268924 (R) 8704.23.0000 HQ H287200 8705.90.00 [GRI 1] HQ 958847 (R) 8704 various
Tariff classification of fishing wader with boots
NY N276141 (R) 6405.20.9030 HQ H285612 6404.20.60 [GRI 1, 6]
(C) 09-15-17
Tariff classification of guayabera style shirtblouses
6211.42.10
NY N252750
(M)
(cotton) 6211.49.50
(linen)
6206.30.30 (cotton) HQ H257144 6206.90.00 (linen)
[GRI 1]
Revocations/Modifications
Tariff classification of sleep sacks
NY N012720 NY H81550 NY F84497 NY C89291 NY 817811 HQ 950620 HQ 089134 HQ 089137 HQ 088149
(R) 6302.32.2060 (R) 6302.31.9050 (R) 6302.39.0020 (R) 6302.39.0020 (R) 6302.39.0020 HQ H243928 (R) 6302.21.2090 (R) 6302.21.2090 (R) 6302.21.2090 (R) 6302.21.2090
6307.90.98 [GRI 1,6; EN to 63.02, 63.07]
(E) 10-02-17
Tariff classification of
NY N247006 (R)
plastic fiber optic products NY N159136 (R) 9001.10.00
from Japan
NY N159575 (R)
HQ H251018 8544.70.00 [GRI 1]
Tariff classification of a lanyard of glass beads
NY N034500 (M) 7018.10.50
HQ H269055 7018.90.50 [GRI 1]
NAFTA eligibility of certain liquid sugar products
NY N271090
(M)
2106.90.9997 did not qualify
NY N271047
(M)
1702.90.9000 did qualify
HQ H281296 Qualifies GN12
(E) 10-09-17
HQ H282979
Fails to meet tariff shift; does not qualify
International Trade Compliance Update | September 2017
110
Baker & McKenzie
Published in CBP Bulletin
(P) Proposed
(A) Action
Product(s) or Issue(s)
Ruling(s) to be
Modified (M) or Revoked (R)
Old Classifi-
cation or Position
New Ruling
New Classification or Position
Comments Due
(C) or Effective Date (E)
(A) 08-16-17
Tariff classification of football girdles and pants
Tariff classification of wafer catalysts.
Tariff classification of decorative plush figures
Tariff classification of nursing/breast pads
Tariff classification of certain textured polyester elastomeric yarn
Tariff classification of name badge components
Tariff classification of earthmover tires
Tariff classification of various foot sleeves Tariff classification of nut setters. Tariff classification of an Aqua Globe watering system (glass plant watering bulb). Tariff classification of Chelal Fe (CAS 12389 752 and CAS 85959 688) Tariff classification of Musk 50/DEP/BB/IPM (Chemical Name 1,3,4,6,7,8-Hexamethyl-
NY N007196 (R) NY N052472 (R) 9506.99.20 NY M80510 (M)
HQ H274971
6114.30.30 [GRI 1; Chap. 95 N.1(e)]
7115.90.60 [GRI 1; N. NY N244307 (R) 3815.12.0000 HQ H249645 3(d) of Chap 71; N. 1(e)
of Chap 38]
9503.00.0090 [GRI 1, NY N264243 (R) 6307.90.9889 HQ H275175 GRI 3(a); N. 1(t) to Sec
XI; EN 95.03]
NY N245827 NY N213901
(R) (R)
6307
9619.00..74 [GRI 1, 3(b), 6]
NY J84296 (R) HQ 965723 (R) HQ 965746 (R) HQ 965719 (R) HQ 965035 (M)
NY D82853 (R) NY C81609 (R) HQ 953391 (R) HQ 963488 (R) NY 854729 (M)
HQ H283476
Revoked or modified by operation of law due to addition of new heading to HTS
NY N264127 (R) 6307.90.9889
9619.00.64 [GRI 1, 6]
HQ 965711 HQ 088425
(R) (M)
6307
HQ H283468 Revoked or modified by operation of law
NY N273725
(M)
5402.31.6000
HQ H284749
5402.33.60 [polyester not nylon]
HQ H217623
(R)
8505.11.00 -GRI 3(b) set
4821.90.40 7616.99.51
7326.90.86
HQ 562821
(M)
8505.19.00 -GRI 3(b) set
HQ H269117
3926.90.99 8505.11.00 8523.49.40
[separately classified
GRIs 1, 2(b) and 6]
NY I86839 NY I85323
(M) (M)
4011.20.10
4011.20.10 and
HQ H272344
4011.80.20 [GRI 1, EN; AUSR1]
(E) 10-16-17
NY I80181 (M) 4011.20.10
4011.20.10 and
HQ H272342
4011.80.20 [GRI 1, EN] 4011.90.20 [GRI 1, EN;
AUSR1]
NY N222103 (R) NY K86082 (M) 6115.96.90 NY L85061 (M)
HQ H242873 6307.90.98 [GRI 1, 6]
NY E84374
(M)
8207.90.6000
HQ H280763
8204.20.00 [GRI 1, 3(a)]
NY N020311
(R)
7020.00.60 & 9817.00.50
7013.99 [GRI 1, 6; AUSR1; EN] excluded HQ H258963 from 9817.00.50 by US Note 2 to Subchap. XVII of Chap 98
NY A88070 (R) NY A87653 (R) 2942.00.50 NY H86531 (M)
HQ H265102
2922.49.80 [GRI 1,6; Chapter notes]
3302.90.1050 [GRI 1;
NY 818805
(M)
2932.99.7000
HQ H280915
AUSN 2(a) to Sec. Note VI to Chap. 33;
EN]
International Trade Compliance Update | September 2017
111
Baker & McKenzie
Published in CBP Bulletin
(P) Proposed
(A) Action
Product(s) or Issue(s)
Ruling(s) to be
Modified (M) or Revoked (R)
Old Classifi-
cation or Position
New Ruling
New Classification or Position
Comments Due
(C) or Effective Date (E)
Cyclopenta(G)-2Benzopyran; CAS 1222 055).
Tariff classification of electrical cables
HQ W967779 (M) HQ 961830 (R)
8544.20.00
HQ H127136
8544.42.20 [GRI 1, 6; EN
European Classification Regulations
The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.
Commission Implementing
Regulation
Description of the goods
Classification (CN code)
Reasons
A device (so-called `wireless charging plate') consisting of an adapter with a cable of a length of approximately 180 cm and a charging plate. The cable has a connector to connect to the charging plate. The plate is circular shaped with a height of approximately 8 mm, a diameter of approximately 80 mm and a weight of 51 g.
(EU) 2017/1465 of 09-08-17
The adapter converts (rectifies) alternating current (AC -- 240V) into direct current (DC -- 12V) and transfers this to the plate. In the plate this DC is converted (inverted) into AC and then that AC is converted into an electromagnetic field.
The device is designed to charge apparatus wirelessly. Both the plate and the apparatus being charged are equipped with `Qi' technology, which is the standard for the wireless charging of apparatus. Wireless charging is performed via an electromagnetic field.
See image
8504 40 90
Classification is determined by general rules (GIR) 1, 3(c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8504 , 8504 40 and 8504 40 90 .
The functions of the device (current rectifying, inverting, and converting into an electromagnetic field) are covered by subheading 8504 40 . Classification under subheading 8504 50 is thus excluded.
Classification under CN code 8504 40 30 as static converters of a kind used with telecommunication apparatus, automatic data-processing machines and units thereof is excluded as the AC/DC adapter is designed to provide current to a variety of electrical apparatus.
As neither current rectifying, inversion nor conversion into an electromagnetic field gives the device its essential character it has to be classified applying GIR 3(c).
Consequently, the device is to be classified under CN code 8504 40 90 as other static converters.
(EU) 2017/1472 of 11-08-17
A rod of aluminium (so-called `shower curtain rod') which is used for hanging a curtain. It consists of two hollow aluminium tubes. The smaller tube fits into the broader tube. The rod is extendable and contains a spring mechanism of steel inside the broader tube that is designed to press the two tubes towards a wall.
The article is presented without a curtain or curtain-rings.
See image
8302 41 90
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8302 , 8302 41 and 8302 41 90 .
Classification under subheading 7615 20 as `sanitary ware' is excluded because the article does not have objective characteristics of an article designed for a bathroom. It is suitable for use anywhere in the building, for example, to hang a curtain in front of a window or door.
Due to its objective characteristics (the spring mechanisms together with the extensibility; the construction that can only sustain light weights
International Trade Compliance Update | September 2017
112
Baker & McKenzie
Commission Implementing
Regulation
Description of the goods
Classification (CN code)
Reasons
e.g. of a curtain) the article is designed as a curtain rod and not a plain aluminium rod of heading 7604 . Curtain rods are classified in heading 8302 (see also the Harmonised System Explanatory Notes to heading 8302 , second paragraph, (D), (5)).
Classification under CN code 8302 41 10 as `base-metal fittings for doors' or under CN code 8302 41 50 as `base-metal fittings for windows and French windows' is excluded because the article does not have objective characteristics that indicate that it is designed for use with one or the other.
Consequently, the article is to be classified under CN code 8302 41 90 as `other base-metal mountings, fittings and similar articles suitable for buildings'.
A product (so-called `LED dental light') made of different materials such as glass, plastic and various metals and including several light-emitting diodes (LED). It is presented attached to a pivoting arm. The pivoting arm can either be mounted on a dental chair or e.g. on the wall or ceiling of a dental surgery.
(EU) 2017/1476 of 11-08-17
It is designed to illuminate the oral cavity during dentistry treatment. The level, colour and pattern of the light produced is specifically for use by dentists.
See image
9405 40 99
Classification is determined by general rules 1, 3 (c) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9405, 9405 40 and 9405 40 99 .
Classification under heading 9018 as a medical instrument or appliance is excluded as the heading excludes certain items of complete dental equipment (such as shadowless lamps) when they are presented separately; those items are to be classified in their own respective headings (see also Harmonised System Explanatory Notes (HSEN) to heading 9018 , part (II), (ii) and exclusion under part (II)).
The product has the characteristics and design of an electric lamp/lighting fitting of heading 9405 which covers electric specialised lamps and lighting fittings that can be constituted of any materials and use any source of light (see also the HSEN to heading 9405, part (I).
The product, which consists of different materials, none of them giving it its essential character, is therefore to be classified under CN code 9405 40 99 as other electric lamps and lighting fittings of other materials than plastics.
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.
International Trade Compliance Update | September 2017
113
Baker & McKenzie
Inv.
Commodity
Action
337TA1000
337TA1001
337TA1005 337TA1007 337TA1021 [consolidated] 337TA1034
337TA1036
337TA1039
337TA1041 337TA1048 337TA1063 337TA1064 337TA1065 337TA1066 337TA1067
Certain Motorized Self-Balancing Vehicles
Commission Determination to Review-in-Part an Initial Determination Finding No Violation of Section 337; On Review, to Vacate One Portion of the Initial Determination and Take No Position on One Issue; and Affirmance of the Finding of No Violation and Termination of the Investigation
Certain Digital Video Receivers and Hardware and Software Components Thereof
Commission Determination to Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Written Submissions on the Issues under Review and on Remedy, the Public Interest, and Bonding; Grant of Joint Unopposed Motion for Leave to Amend the Complaint and Notice of Investigation to Correct Corporate Names
Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production
Notice of Request for Statements on the Public Interest
Certain Personal Transporters, Compo-
nents Thereof, and Packaging and Manuals Therefor; Certain Personal Transporters
Notice of Request for Statements on the Public Interest
and Components Thereof
Certain Flash Memory Devices and Components Thereof
Notice of Commission Determination Not to Review and (sic) Initial Determination Granting a Joint Motion to Terminate the Investigation in Its Entirety Based Upon Settlement; Termination of the Investigation
Certain Magnetic Tape Cartridges and Components Thereof
Notice of Commission Decision Not to Review an Initial Determination Granting Complainant's Unopposed Motion to Amend the Complaint and Notice of Investigation
Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof
Notice of a Commission Determination Not to Review an Initial Determination Granting a Joint Motion to Terminate the Investigation Based on a Settlement Agreement; Termination of the Investigation
Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof
Commission Determination Not to Review an Initial Determination Granting Complainants' Motion for Termination of the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Certain Intravascular Administration Sets Issuance of a Limited Exclusion Order against the Respondent
and Components Thereof
Found In Default; Termination of the Investigation
Certain X-Ray Breast Imaging Devices and Institution of an investigation based on a complaint filed on behalf
Components Thereof
of Hologic, Inc. alleging patent infringement.
Certain Shielded Electrical Ribbon Cables and Products Containing the Same
Institution of an investigation based on a complaint filed on behalf of 3M Company and 3M Innovative Properties Company alleging patent infringement
Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof
Institution of an investigation based on a complaint filed on behalf of Qualcomm Incorporated alleging patent infringement
Certain Recombinant Factor IX Products
Institution of an investigation based on a complaint filed on behalf of Bioverativ Inc.; Bioverativ Therapeutics Inc. and Bioverativ U.S. LLC alleging patent infringement
Certain Road Milling Machines and Com- Institution of an investigation based on a complaint filed on behalf
ponents Thereof
of Wirtgen America, 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
DN 3239 Certain Microfluidic Devices
Complaint filed on behalf of: Bio-Rad Laboratories, Inc. and Lawrence Livermore
International Trade Compliance Update | September 2017
114
Baker & McKenzie
Ref.
Commodity
Complaint filed on behalf of:
DN 3241 DN 3242 DN 3243
Certain Periodontal Laser Devices, Components Thereof, and Advertisements and Claims Regarding the Same
Certain Wireless Audio Systems and Components Thereof
Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II
National Security, LLC Millennium Dental Technologies, Inc. Broadcom Limited and Avago Technologies General IP (Singapore) Pte. Ltd.
Intellectual Ventures II LLC
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
A570053 Certain Aluminum Foil From China
A602810 A351850 A403805
Silicon Metal From Australia, Brazil, and Norway
A570890 Wooden Bedroom Furniture From China
A475818 Certain Pasta From Italy
C533825
Polyethylene Terephthalate Film, Sheet, and Strip From India
A583837
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan
A570992 Monosodium Glutamate From China
A520804
Certain Steel Nails From the United Arab Emirates
A570972 Certain Stilbenic Optical Brightening Agents A583848 From China and Taiwan
C570984 Drawn Stainless Steel Sinks From China
A533824
Polyethylene Terephthalate Film, Sheet, and Strip From India
A489805 Certain Pasta From Turkey
A523808 Certain Steel Nails From Oman
A557816 Certain Steel Nails From Malaysia
A583854 Certain Steel Nails From Taiwan A570985 Xanthan Gum From China
Postponement of Preliminary Determination of the LTFV Investigation
Postponement of Preliminary Determinations in the LTFV Investigations
Partial Rescission of ADD Administrative Review Results of ADD Administrative Review; 2015-2016 Preliminary Results and Partial Rescission of CVD Administrative Review; 2015 Preliminary Results and Partial Rescission of ADD Administrative Review; 2015-2016 Preliminary Results of the ADD Administrative Review; 2015-2016 Final Results of the Expedited First Sunset Review of the ADD Order
Final Results of the Expedited Sunset Reviews of the ADD Orders
Notice of Rescission of CVD Administrative Review, 2016 Preliminary Results and Partial Rescission of ADD Administrative Review; 2015-2016 Preliminary Results of ADD Administrative Review
Preliminary Results of ADD Administrative Review and Partial Rescission of ADD Administrative Review; 2014-2016
Preliminary Results and Partial Rescission of ADD Administrative Review; 2014-2016 Preliminary Results of ADD Administrative Review and Partial Rescission of Administrative Review; 2015-2016 Preliminary Results of the ADD Administrative Review and Prelimi-
International Trade Compliance Update | September 2017
115
Baker & McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
nary Determination of No Shipments; 2015-2016
A580874 Certain Steel Nails From S. Korea
Preliminary Results of ADD Administrative Review and Partial Rescission of ADD Administrative Review; 2014-2016
A570831 Fresh Garlic From China
Final Results of Fourth Expedited Sunset Review of the ADD Order
C570061 Fine Denier Polyester Staple Fiber From China Postponement of Preliminary Determinations in the CVD Investiga-
C533876 and India
tions
C570063 Cast Iron Soil Pipe Fittings From China
Initiation of CVD Investigation
C580839 Polyester Staple Fiber From S. Korea
Rescission of ADD Administrative Review; 2016-2017
A570062 Cast Iron Soil Pipe Fittings From China
Initiation of LTFV Investigation
A570964
Seamless Refined Copper Pipe and Tube From China
Preliminary Results and Partial Rescission of the ADD Administrative Review; 2015-2016
A583803
Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan
Continuation of ADD Order
A570835 Furfuryl Alcohol From China
Continuation of ADD Order
A570918 Steel Wire Garment Hangers From China
Preliminary Results of ADD Administrative Review; 20152016
A823805 Silicomanganese From Ukraine
Final Results of ADD Administrative Review; 2015-2016
A570909 Certain Steel Nails From China
Notice of Court Decision Not in Harmony with Final Results of Administrative Review and Notice of Amended Final Results Pursuant to Court Decision
A540822
Certain Frozen Warmwater Shrimp From Thailand
Rescission of ADD Administrative Review; 2016-2017
A552802
Certain Frozen Warmwater Shrimp From Vietnam
Partial Rescission of ADD Administrative Review; 2016-2017
A560828 Certain Uncoated Paper From Indonesia
Rescission, in Part, of ADD Administrative Review; 2015-2017
A570836 Glycine From China
Results of Changed Circumstances Review
C570054 Certain Aluminum Foil From China
Preliminary Affirmative CVD Determination
C602811 Silicon Metal From Australia
Preliminary Affirmative CVD Determination and Alignment of Final Determination with Final ADD Determination
C351851 Silicon Metal From Brazil
Preliminary Affirmative CVD Determination and Alignment of Final Determination with Final ADD Determination
C834808 Silicon Metal From Kazakhstan
Preliminary Affirmative CVD Determination and Alignment of Final Determination with Final ADD Determination
A357820 A560830
Biodiesel from Argentina and Indonesia
Postponement of Preliminary Determinations of ADD Investigations
C549834
Citric Acid and Certain Citrate Salts from Thailand
Notice of Postponement of Preliminary Determination in the CVD Investigation
A570010
Certain Crystalline Silicon Photovoltaic Products From China
Rescission of ADD Administrative Review
C580837
Certain Cut-to-Length Carbon-Quality Steel Plate From S. Korea
Final Results of CVD Administrative Review and Rescission of CVD Administrative Review, in Part
A580889 Dioctyl Terephthalate From S. Korea
ADD Order
A570056 Certain Tool Chests and Cabinets From China Postponements of Preliminary Determinations of ADD Investiga-
A552821 and Vietnam
tions
A552802
Certain Frozen Warmwater Shrimp From Vietnam
Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results
A552802
Certain Frozen Warmwater Shrimp From Vietnam
Notice of Court Decision Not in Harmony with Final Results of Administrative Review and Notice of Amended Final Results
A570055 Carton-Closing Staples From China
Postponement of Preliminary Determination in the LTFV Investigation
C533872 Finished Carbon Steel Flanges from India
CVD Order
International Trade Compliance Update | September 2017
116
Baker & McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A533871 A475835 A570814
C570913
C570979
C357821 C560831 C469818
Finished Carbon Steel Flanges from India and Italy Carbon Steel Butt-Weld Pipe Fittings From China Certain New Pneumatic Off-The-Road Tires From China Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China
Biodiesel From Argentina
Biodiesel From Indonesia
Ripe Olives from Spain
ADD Orders
Initiation of Anti-Circumvention Inquiry on the ADD Order
Amended Final Results of CVD Administrative Review, 2014
Amended Final Results of CVD Administrative Review, 2014 Preliminary Affirmative CVD Determination and Preliminary Affirmative Critical Circumstances Determination, In Part Preliminary Affirmative CVD Determination Postponement of Preliminary Determination in the CVD Investigation
United States International Trade Commission (USITC)
Inv.
Merchandise/Country
Action
731TA709
731TA703
731TA1339
731TA1185 731TA683 731TA1186-1187 701TA388, 389, 391 731TA817, 818, 821
701TA582 731TA1377
TA20175
701TA584 731TA1382
731TA1330
701TA388, 389, 391 731TA817, 818, 821
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure (4th Review) Institution of a Five-Year Review
Pipe From Germany
(4th Review) Determination that revocation of the ADD order would
Furfuryl Alcohol From China
be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable
time.
Steel Concrete Reinforcing Bar From Taiwan
(Final) Supplemental Schedule for the Subject Investigation
Steel Nails From the United Arab Emirates
Fresh Garlic From China
(Review) Scheduling of an Expedited Five-Year Review (4th Review) Scheduling of an Expedited Five-Year Review
Certain Stilbenic Optical Brightening Agents From China and Taiwan
(Review) Scheduling of
Expedited
Five-Year Reviews
Cut-to-Length Carbon Steel Plate from India, Indonesia, and Korea
(3rd Review) Scheduling of full five-year reviews
Ripe Olives From Spain
(Preliminary) Determinations that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of the subject goods that are alleged to be sold in the United States at LTFV and to be subsidized by the government of Spain
Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products)
Determination Not to Close Any Portion of the Commission's Hearing on Injury Issues
Uncoated Groundwood Paper from (Preliminary) Institution of AD and CVD Investigations and Sched-
Canada
uling of Preliminary Phase Investigations
Dioctyl Terephthalate (DOTP) from Korea
(Final) Determination that an industry in the United States is materially injured by reason of imports of the subject goods that have been found by Commerce to be sold in the United States at LTFV.
Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and
(3rd Review) Scheduling of Full Five-Year Reviews; Correction
International Trade Compliance Update | September 2017
117
United States International Trade Commission (USITC)
Baker & McKenzie
Inv.
701TA563 731TA1331-1332
731TA13781379
731TA1380 701TA585-586 731TA1383-1384 731TA669
731TA860 731TA391
731TA663
Merchandise/Country
Action
Korea
(Final) Determinations that an industry in the United States is ma-
Finished Carbon Steel Flanges from terially injured by reason of imports of subject goods that have
India and Italy
been found by Commerce to be sold in the United States at LTFV,
and to be subsidized by the government of India
Low Melt Polyester Staple Fiber from Korea and Taiwan
(Preliminary) Determination that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of subject goods, that are alleged to be sold in the United States at LTFV
Tapered Roller Bearings From Korea
(Preliminary) Determination that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of the subject goods, that are alleged to be sold in the United States at LTFV.
Stainless Steel Flanges from China and India
Cased Pencils From China
Tin- and Chromium-Coated Steel Sheet from Japan Foundry Coke From China
Paper Clips From China
(Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations
(4th 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 United States within a reasonably foreseeable time
(3rd Review) Notice of Commission Determination to Conduct a Full Five-Year Review
(3rd Review) Notice of Commission Determination To Conduct a Full Five-Year Review
(4th 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 United States within a reasonably foreseeable time.
Canadian International Trade Tribunal (CITT)
Ref.
Merchandise/Country
Action
PI-2017-001 LE-2017-004 PI-2017-002
RR-2017-003
Carbon and alloy steel line pipe originating in or exported from S. Korea
Certain hot-rolled carbon steel plate and highstrength low-alloy plate originating in or exported from China
Certain polyethylene terephthalate resin (PET resin) originating in or exported from China, India, Oman and Pakistan Dumping and subsidizing: Certain carbon and alloy steel pipe piles, commonly identified as piling pipe, originating in or exported from China
Preliminary Determination of Injury Reasons issued Notice of Expiry of Order on 01-07-18
Notice of Commencement of Preliminary Injury Inquiry
Notice of Expiry Review of Finding. Expiry on 11-29-17
Canada Border Services Agency (CBSA)
Ref. Number PETR 2017 IN
Merchandise/Country
Action
Dumping: Certain polyethylene terephthalate resin (PET resin) originating in or exported from China, India, Oman and Pakistan; Subsidizing: Certain PET resin originating in or exported from China,
Notice of Initiation of Investigations
International Trade Compliance Update | September 2017
118
Canada Border Services Agency (CBSA)
Baker & McKenzie
Ref. Number PP 2017 ER
Merchandise/Country
Action
India, Oman and Pakistan Dumping and subsidizing: Certain carbon and alloy steel piling pipe originating in or exported from Chi- Notice of Expiry Review Investigation na
NAFTA Panels
Ref. Number MEX-USA-2012-1904-02
Merchandise/Country
Glycol monobutyl ether originating in the USA, irrespective of the country of export
Action Termination of the panel review
Mexico - Ministry of Economy
Ref. Number E.C. 08/17 EA 13/16
EC 06/17 EC 09/17 13/10
EA 03/17 EA 02/17
Merchandise/Country
Chicken leg and thigh originating in the USA, regardless of country of export Seamless carbon steel pipe originating in S. Korea, Spain, India and Ukraine, irrespective of the country of export Coaxial cable RG type (Radio Guide), with or without messenger, originating in China, irrespective of the country of export. Dicloxacillin sodium originating in India, irrespective of the country of export
Chicken legs and thighs originating in the USA, irrespective of the country of export
Polybutadiene styrene rubber emulsion originating in Poland, S. Korea, USA and Japan, regardless of the country of export. Welding micro-wire originating in China, irrespective of the country of export
Action
Resolution declaring the initiation of the review of the validity of the ADD
Preliminary Resolution of the AD investigation
Resolution approving the start of the examination of validity of the ADD imposed
Resolution declaring the initiation of the review of the countervailing duty imposed Resolution that complies with the Final Decision of April 5, 2017 issued by the Binational Panel in case MEX-USA-2012-1904-01
Resolution accepting the request of interested party and declaring the initiation of the AD investigation
Resolution accepting the request of interested party and declaring the initiation of the AD investigation
European Union
Ref. Number
(EU) 2017/1408
2017/C 251/04 Corrigendum to (EU) 2016/1346 (EU) 2017/1439 (EU) 2017/1444
Merchandise/Country
Action
Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China
Commission Implementing Regulation of 1 August 2017 withdrawing the acceptance of the undertaking for two exporting producers in connection with the AD and AS proceedings for the period of application of definitive measures
Ferro-silicon originating in Egypt and Ukraine
Notice of initiation of an AD proceeding
Hand pallet trucks and their essential parts originating in China
Corrigendum to Commission Implementing Regulation extending the definitive ADD imposed to imports of slightly modified hand pallet trucks originating in China
Certain concrete reinforcement bars and rods originating in Belarus
Commission Implementing Regulation amending Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty imposed
Certain corrosion resistant steels origi- Commission Implementing Regulation imposing a provisional ADD
International Trade Compliance Update | September 2017
119
European Union
Baker & McKenzie
Ref. Number
2017/C 263/13 2017/C 268/04 2017/C 268/05 (EU) 2017/1480 2017/C 271/07 2017/C 271/08 (EU) 2017/1482
2017/C 279/05
(EU) 2017/1497
Merchandise/Country
Action
nating in China
New and retreaded tyres for buses or lorries originating in China
Notice of initiation of an AD proceeding
Threaded tube or pipe cast fittings, of malleable cast iron originating in or exported from China or Thailand
Notice of the impending expiry of certain AD measures on 15.05.2018
Tableware and kitchenware originating in Notice of the impending expiry of certain AD measures on
or exported from China
16.05.2018
Certain cast iron articles originating in China
Commission Implementing Regulation imposing a provisional ADD on imports of certain cast iron articles originating in the People's Republic of China
Ammonium nitrate originating in Russia Notice of initiation of a partial interim review of the AD measures
Ammonium nitrate originating in Russia Notice of initiation of a partial interim review of the AD measures
Certain stainless steel wires originating in India
Commission Implementing Regulation amending Council Implementing Regulation imposing a definitive CVD and collecting definitively the provisional duty as regards the TARIC codes of the nonsampled cooperating exporting producers
Polyethylene terephthalate originating in Notice of the impending expiry of certain anti-subsidy measures
or exported from India
(CVD) on 24.05.2018
Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China
Commission Implementing Regulation withdrawing the acceptance of the undertaking for one exporting producer under Implementing Decision 2013/707/EU in connection with the AD and anti-subsidy proceedings for the period of application of definitive measures
Australian Anti-Dumping Commission
Ref.
Merchandise/Country
Action
2017/99
2017/103 2017/107 2017/108 2017/109
2017/110 2017/111 2017/112 2017/114
2017/115 2017/116 2017/117
2017/118
2017/119
2017/122
2017/123
Zinc Coated (Galvanised) Steel From India, Malaysia and Vietnam Aluminium Road Wheels From China Zinc Coated (Galvanised) Steel From China Rod in Coils From China Steel Reinforcing Bar From China Tomato Products, Prepared or Preserved From Italy Resealable Can End Closures From M Hollow Structural Sections From China Zinc Coated (Galvanised) Steel From China, Korea and Taiwan Aluminium Road Wheels From China Wire Ropes From South Africa Various Aluminium Zinc Coated Steel From China and Koreaalaysia, The Philippines and Singapore Zinc Coated (Galvanised) Steel From China, Korea and Taiwan
Steel Reinforcing Bar From China
Rod in Coils From China
Findings in relation to a dumping and subsidy investigation
Findings in relation to an accelerated review of measures Findings in relation to an accelerated review of measures Withdrawal of application for review of measures Withdrawal of application for review of measures
Termination of an Accelerated Review of Anti-Dumping Measures
Application for Accelerated Review
Findings of an Exemption Inquiry
Findings of an Exemption Inquiry Preliminary Affirmative Determination - PAD 401 Status Report as at 31 July 2017
Expiry of Anti-Dumping Measures
Expiry of Anti-Dumping Measures
Extension of time granted to issue the Statement of Essential Facts and the Final Report Extension of time granted to issue the Statement of Essential Facts and the Final Report
International Trade Compliance Update | September 2017
120
Baker & McKenzie
China Ministry of Commerce (MOFCOM)
Ref. 45 of 2017 43 of 2017 41 of 2017
36 of 2017
Merchandise/Country
Action
Halogenated butyl rubber originating in USA, EU and Singapore
Pulp originating in Canada
Non-dispersion-shifted single-mode optical fiber originating in the United States
Acrylic fiber from Japan, S. Kore and Turkey
Initiation of ADD investigation
Decision to re-investigate the case and carry out the relevant reports of the WTO rulings and recommendations
Initiation of review
Approval of Mitsubishi Chemical Corporation (Mitsubishi Chemical Corporation ) to replace Mitsubishi Rayon Co., Ltd. (Mitsubishi Rayon Co., Ltd )
Government of India Ministry of Finance (Department of Revenue)
Notification
Merchandise/Country
Action
37/2017-Cus (ADD)
Opal Glassware, originating in or exported from China PR and UAE.
Imposes ADD
38/2017-Cus (ADD)
Textured Toughened (Tempered) Glass, originating in or exported from China PR
Imposes ADD
39/2017-Cus (ADD)
Caustic Soda originating in or exported from Iran, Saudi Arabia and USA
Amends notification No. 49/2012 - Customs (ADD) dated the 26.11.12 to modify the amount of ADD
40/2017-Cus (ADD)
Sodium Nitrite originating in or exported from China PR
imposes ADD
41/2017-Cus (ADD)
Metronidazole originating in exported from China PR
Continues ADD
42/2017-Cus (ADD)
Castings for Wind Operated Electricity Generators originating in or exported from China PR
Levies definitive ADD for a period of five years (unless revoked, superseded or amended earlier).
Styrene Butadiene Rubber (SBR)",originating 43/2017-Cus (ADD) in or exported from European Union, Korea Imposes ADD
RP or Thailand
Argentina Ministry of Production Secretary of Commerce
Ref. Number Res. 589-E/2017
Res. 591-E/2017 Res. 596-E/2017 Res. 622-E/2017
Merchandise/Country
Slabs and tiles of natural or unpolished fine porcelain stoneware, polished, whether or not sliced or polished, for paving or coating, originating in the India, Malaysia, Vietnam and Brazil and glazed or enameled porcelain stoneware tiles (including lapped and / or polished), for paving or cladding, originating in China Metal protection grids, with a diameter of more than four hundred millimeters (400 mm), of the types used in fans with built-in electric motor, originating in China and Chinese Taipei Certain plates, sheets, sheets and strips of poly (Methyl methacrylate), not metallized, etc., originating in Brazil, the China and Chinese Taipei
Household dishwashing machines originating in Turkey and China
Action
Investigation to continue without the application of provisional AD measures; nonpreferential origin rules
Investigation to continue without the application of provisional AD measures; nonpreferential origin rules
Investigation to continue without the application of provisional AD measures; nonpreferential origin rules Continue the investigation to its final stage without the application of provisional AD measures
International Trade Compliance Update | September 2017
121
Baker & McKenzie
Brazil Ministry of Development, Industry and Trade
Reference
Merchandise/Country
Action
CAMEX Res. 68/2017
CAMEX Res. 66/2017 CAMEX Res. 67/2017
Acetic esters, originating in the USA and Mex- Imposition of a definitive ADD, for a period of up to five ico. (5) years
Seamless Carbon Steel Pipes from China 5 year extension of the ADD
Seamless Carbon Steel Pipes from Romania 5 year extension of the ADD
Eurasian Economic Union
Ref. Number
Merchandise/Country
Action
2017/83/AD22
2017/84/AD22
2017/85/AD22
2017/86/AD1R3
Corners of steel hot-rolled, originating from Ukraine
"On the publication of a non-confidential version of the report" on the results of the AD investigation
Corners of steel hot-rolled, originating from Ukraine
On amending the notice "On the publication of a non-confidential version of the report" on the results of the AD investigation
Corners of steel hot-rolled, originating from Ukraine
On the extension of the AD investigation
Certain types of steel pipes originating in Ukraine
On the holding of public hearings in the framework of a repeated AD investigation in order to review the individual amounts of ADD due to changed circumstances
Turkey Ministry of Economy
Communique
Merchandise/Country
Action
2017/9 2017/10
Iranian polyester fibers (5503.20.00.00.00)
Toothbrushes, including dental-plate brushes (9603.21.00.00.00)
21/9/2017-20/9/2018 =20%, 21/9/2018-20/9/2019 =19.5%, 21/9/2019-20/9/2020=19% Safeguards
Financial liability for additional three years (USD 0.23, 0.22, 0.21 per piece)
Opportunity to Request Administrative Review
In an August 1, 2017 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 August anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
Germany: Seamless Line and Pressure Pipe
A428820
Sodium Nitrate
A428841
Japan: Brass Sheet & Strip
A588704
Tin Mill Products
A588854
Malaysia: Polyethylene Retail Carrier Bags
A557813
Mexico: Light-Walled Rectangular Pipe and Tube
A201836
R of Korea: Large Power Transformers
A580867
Light-Walled Rectangular Pipe and Tube
A580859
Romania: Certain Small Diameter Carbon and Alloy
Seamless Standard, Line, And Pressure Pipe
(Under 4 1/2 Inches)
A485805
SR of Vietnam: Silicomanganese
A552801
Period
8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17
8/1/167/31/17 8/1/167/31/17
International Trade Compliance Update | September 2017
122
Baker & McKenzie
AD/CVD Proceedings - Country/ Merchandise
Case No.
Thailand: Polyethylene Retail Carrier Bags The PR of China: Laminated Woven Sacks
Floor-Standing, Metal-Top Ironing Tables and Parts Thereof
Hydrofluorocarbon Blends and Components Thereof Light-Walled Rectangular Pipe and Tube Passenger Vehicle and Light Truck Tires Petroleum Wax Candles Polyethylene Retail Carrier Bags Sodium Nitrate Steel Nails Sulfanilic Acid Tetrahydrofurfuryl Alcohol Tow-Behind Lawn Groomers and Parts Thereof Ukraine: Silicomanganese
A549821 A570916
A570888 A570028 A570914 A570016 A570504 A570886 A570925 A570909 A570815 A570887 A570939 A823805
Countervailing Duty Proceedings
R of Korea: Stainless Steel Sheet and Strip In Coils
C580835
The PP of China: Laminated Woven Sacks
C570917
Light-Walled Rectangular Pipe and Tube
C570915
Passenger Vehicle and Light Truck Tires
C570017
Sodium Nitrite
C570926
None
Suspension Agreements
Period
8/1/167/31/17 8/1/167/31/17
8/1/167/31/17 2/1/20167/31/2017 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17 8/1/167/31/17
1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16
In a September 1, 2017 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 September anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
Belarus: Steel Concrete Reinforcing Bars
A822804
Brazil: Cold-Rolled Steel Flat Products
A351843
India: Cold-Rolled Steel Flat Products
A533865
Lined Paper Products
A533843
Oil Country Tubular Goods
A533857
Indonesia: Steel Concrete Reinforcing Bars
A560811
Japan: Stainless Steel Wire Rod
A588843
Latvia: Stainless Concrete Reinforcing Bars
A449804
Mexico: Magnesia Carbon Bricks
A201837
Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes
A201847
Moldova: Steel Concrete Reinforcing Bars
A841804
Poland: Steel Concrete Reinforcing Bars
A455803
S. Korea: Cold-Rolled Steel Flat Products
A580881
Heavy Walled Rectangular Welded Carbon Pipes
and Tubes
A580880
Oil Country Tubular Goods
A580870
Stainless Steel Wire Rod
A580829
SR of Vietnam: Oil Country Tubular Goods
A552817
Taiwan: Narrow Woven Ribbons with Woven Selvedge A583844
Raw Flexible Magnets
A583842
Stainless Steel Wire Rod
A583828
The PR of China: Freshwater Crawfish Tailmeat
A570848
Foundry Coke
A570862
Kitchen Appliance Shelving and Racks
A570941
Lined Paper Products
A570901
Period
9/1/168/31/17 3/7/168/31/17 3/7/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17
3/1/168/31/17 9/1/168/31/17 9/1/168/31/17 3/7/168/31/17
3/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17
International Trade Compliance Update | September 2017
123
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
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
Magnesia Carbon Bricks Narrow Woven Ribbons with Woven Selvedge New Pneumatic Off-The-Road Tires Raw Flexible Magnets Steel Concrete Reinforcing Bars Turkey: Oil Country Tubular Goods Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes
A570954 A570952 A570912 A570922 A570860 A489816
A489824
Ukraine: Steel Concrete Reinforcing Bars Solid Agricultural Grade Ammonium Nitrate
United Kingdom: Cold-Rolled Steel Flat Products
A823809 A823810 A412824
Countervailing Duty Proceedings
Brazil: Cold-Rolled Steel Flat Products
C351843
India: Cold-Rolled Steel Flat Products
C533866
Lined Paper Products
C533844
Oil Country Tubular Goods
C533858
S. Korea: Cold-Rolled Steel Flat Products
C580882
The PR of China: Magnesia Carbon Bricks
C570955
Kitchen Appliance Shelving and Racks
C570942
Narrow Woven Ribbons with Woven Selvedge
C570953
New Pneumatic Off-The-Road Tires
C570913
Raw Flexible Magnets
C570923
Turkey: Oil Country Tubular Goods
C489817
Heavy Walled Rectangular Welded Carbon Steel Pipes
and Tubes
C489825
None
Suspension Agreements
9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17 9/1/168/31/17
3/1/168/27/16 9/12/168/31/17 9/1/168/31/17 9/1/168/31/17 3/7/168/31/17
12/22/1512/31/16 9/16/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 7/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16 1/1/1612/31/16
12/28/154/25/16 9/12/1612/31/16
Requested Reviews
In an August 1, 2017 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 J anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
Antidumping Duty Proceedings
Spain: Chlorinated Isocyanurates
A469814
Taiwan: Polyester Staple Fiber
A583833
The PR of China: Chlorinated Isocyanurates
A570898
High Pressure Steel Cylinders
A570977
Polyester Staple Fiber
A570905
Tapered Roller Bearings
A570601
United Arab Emirates: Certain Steel Nails
A520804
[* corrected by deletion in Federal Register dated 08-14-17]
Countervailing Duty Proceedings
The PR of China: High Pressure Steel Cylinders
C570978
None
Suspension Agreements
6/1/165/31/17 5/1/164/30/17* 6/1/165/31/17 6/1/165/31/17 6/1/165/31/17 6/1/165/31/17 5/1/164/30/17
1/1/1612/31/16
Initiation of Sunset Reviews
In an August 1, 2017, 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.
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124
Baker & McKenzie
AD/CVD DOC Case
No.
ITC Case No.
Country
Merchandise
A428820 731TA709
Germany
Seamless Line and Pressure Pipe (4th Re view)
Advance Notification of Sunset Reviews
In an August 1, 2017, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year ("Sunset") reviews for September.
AD/CVD Proceedings - Merchandise/Country
Case No.
Polyester Staple Fiber from China Pure Magnesium in Granular Form from China
A570905 (2nd Review) A570864 (3rd Review)
No CVD Sunset Reviews are scheduled for Sept. 2017
No Sunset Reviews of suspended investigations is scheduled for Sept. 2017
Mattias Hedwall Global Chair International Commercial & Trade
International Commercial & Trade Leadership Team
Regional Chairs / Steering Committee
Eugene Lim Singapore
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
Supply Chain / Logistics
Ulrich Ellinghaus Frankfurt
Sanctions / Export Controls
Fred Burke Ho Chi Minh City
Terrie Gleason San Francisco
JV / FDI / Emerging Markets
Peerapan Tungsuwan Bangkok
Nick Coward & Janet Kim Washington DC
International Trade Compliance Update | September 2017
Miguel Noyola Chicago/Washington DC
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