In This Issue:
World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters North America South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) New sletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO Cov id-19 Notifications WTO TBT Notifications CBP Rulings: Dow nloads and Searches CBP Rulings: Rev ocations or Modifications European Classification Regulations Section 337 Actions Antidumping, Counterv ailing Duty and Safeguard Inv estigations, Orders & Rev iews
Baker McKenzie
International Trade Compliance Update
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter | July 2021
Dear Readers,
We take this opportunity to bid a fond farewell and thank you to Stu Seidel, who for the past 19 years has been the editor of the Baker McKenzie International Trade Compliance Update newsletter.
After a tremendous 51+ years of practicing customs law, Stu will be retiring on June 30, 2021. Stu joined Baker McKenzie as a partner in the International Trade group in Washington, DC in 2001, having previously served as Assistant Commissioner for the US Customs Service (now US Customs and Border Protection).
Please join us in thanking Stu for his dedication to the Trade community, to Baker McKenzie, and to the newsletter and in wishing him all of the best for his next chapter!
Going forward, we will be transitioning the PDF newsletter to a fully virtual format that will feature more original curated content from our global trade team. Baker McKenzie's revamped international trade compliance newsletter and blog will be coming soon! Stay tuned for more details in the coming weeks and, in the meantime, we invite you to visit and subscribe to our international trade blogs:
International Trade Compliance Update Sanctions & Export Controls Update Global Supply Chain Compliance Foreign Investment and National Security Blog BREXIT Global Compliance News
Jennifer Trock Chair, Global Aviation Group and North America International Commercial Practice Group
Editor, International Trade Compliance Update
Stuart P. Seidel Washington, D.C.
Thismay qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowledgements on the last page
Please see our Webinars, Meetings, Seminars section for information for links to the webinars in our 18th annual Global Trade and Supply Chain Webinar Series: "International Trade & Developments in a World Focused on Recovery & Renewal," which is on-going, as well as links to additional webinars and other events.
This Update covers material published through June 26, or 28 (US), 2021
Please see copyright and acknowl-
edgements on the last page
Ed- Inter-
International Trade Compliance Update | Jiutolyr 20nti2oa1n- al
Trade
Compliance Update
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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 w ith information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law .
-o-
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation.
Cr edi ts:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
ThisUpdate contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update usesmaterial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
Note: Unless otherw ise indicated, all information in this Update is taken from official gazettes, official w ebsites, new sletters or press releases of international organizations
(UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source usually may be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is
not covered.
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 601
China - Anti-Dumping Measures on Stainless Steel Products from Japan - Request for consultations by Japan
Date 15-06-21
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 589
China - Measures Concerning the Importation of Canola Seed from Canada -
Activity
Request for the establishment of a Panel by Canada
Date 18-06-21
COVID-19: Trade and trade-related measures
The WTO has set up a dedicated webpage to help governments, business, the media and the public track the latest information on trade-related responses to the COVID-19 outbreak. For measures posted during the period covered by this Update, see the WTO COVID-19 Trade and Trade-Related Measures section below.
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)
Announcements and news releases [dd-mm-yy]
Date
Title
01-06-21 02-06-21
03-06-21
WCO Workshop to support Esw atini Customs w ith Risk Management East African Customs administrations confirmed their advancement together under the WCO/JICA Joint Project
The WCO COVID-19 Project supports Madagascar Customs in enhancing its preparedness by drafting Standard Operating Procedures to expedite the movement of relief goods and humanitarian aid
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Date
Title
04-06-21
07-06-21
09-06-21 10-06-21 11-06-21 14-06-21 16-06-21
17-06-21 22-06-21 23-06-21 24-06-21
25-06-21 26-06-21
WCO Secretary General addresses the 43rd Annual Conference of the Caribbean Customs Law Enforcement Council (CCLEC)
On World Environment Day, the WCO joins the call for action to restore our ecosystems WCO Secretary General addresses trade ministers and business leaders from the Asia-Pacific Economic Cooperation (APEC)
Regional online Workshop on Customs Valuation and Transfer Pricing jointly held by WCO and OECD WCO and OLAF strengthen cooperation to tackle customs fraud
Virtual Workshop on Organizational Performance Measurement for the WCO MENA Region Virtual PITCH training deployed in Panama w ithin the WCO-UNODC Container Control Programme
The GTFP pursues its collaboration w ith the Customs Administration of Peru w ith a Strategic Planning Mission The European Union introduces new Value-Added Tax rules for e-commerce from 1 July 2021
WCO supports global fight against illicit trafficking during a joint Press Conference in Antw erp WCO Europe Region Heads of Customs Meeting in preparation for the upcoming Council Session
10th ASEAN - WCO Consultation Successful completion of West Africa MTP resulting a pool of 18 quality trainers on Risk Management and Intelligence Analysis (RM & IA)
The WCO facilitates a virtual LMD w orkshop for the National Directorate of Tax and Customs of Colombia COPES CCP Training for Iraq Customs
The RKC MC concluded Step 2 under the Four step framew ork of the comprehensive review of the RKC Launching Ceremony of the WCO Regional Dog Training Centre in Korea and WCO Virtual Workshop on Canines for the Asia/Pacific region
Sida-WCO Trade Facilitation and Customs Modernization Programme initiates support to the Botsw ana Unified Revenue Service (BURS) Botsw ana is making headw ay in implementing advance rulings
Zimbabw e Revenue Authority taking steady road to implement HS 2022 Enhancing national border agency cooperation w ith the Peruvian Border Agencies
Free zone experts of the North of Africa, North and Middle East Region discuss effective implementation of the WCO Practical Guidance on Free Zones The Intermediate course on Data Analytics is now available on CLiKC!
COPES CCP Training for Kazakhstan Customs
19th Integrity New sletter WCO Supports Integrity and Trade Facilitation Priorities in Ecuador
WCO Programmes Help Build Trust betw een Customs and the Private Sector in Mozambique Latest edition of WCO New s now available
A new WCO Regional Customs Laboratory in Nanjing, China WCO virtual Workshop to support The Gambia's process of accession to the Revised Kyoto Convention
Zimbabw e reaches another landmark in w ork on tariff matters WCO EUR Regional Workshop on Data Analytics
International Day against Drug Abuse and Illicit Trafficking WCO Council renew s support for the Secretariat in preparation for a post-pandemic w orld
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OTHER INTERNATIONAL MATTERS
CITES Notification to Parties
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties:
Date
Title
25-06-21 2021/042 - CITES Big Cats Task Force
FAS GAIN Reports
Below is a partial list of Global Agriculture Information Network (GAIN) reports that were recently issued by the US Foreign Agriculture Service (FAS) in the Food and Agricultural Import Regulations and Standards (FAIRS) and Exporter Guide series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, import requirements, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website.
Member
Burma
Canada
China Hong Kong India India Indonesia Japan Japan Japan Japan Japan Japan Japan Japan Japan Japan Japan Japan Japan Japan Japan Malaysia Malaysia Mexico Russia Russia
Russia
Sri Lanka Sri Lanka Sri Lanka Turkey Ukraine
GAIN Report
FAIRS Export Certificate Report Annual Consultation on Regulatory Requirements for the Environmental Release of Plants Draft Food Safety Standard for Use of Food Additives Written Submission to WTO Panel on U.S. Origin Marking Requirement US-India Transitory Timeline for Organic Market Access and Accreditation Bulk Food Labeling Requirements Remain in Effect New Foreign Dairy Facility Registration Questionnaire USJTA Treatment for Fresh Fruit USJTA Treatment for Frozen and Dried Fruit USJTA Treatment for Pulses USJTA Treatment for Vegetable Preparations and Juice USJTA Treatment for Coarse Grains USJTA Treatment for Fresh and Frozen Vegetables Voluntary Government Standards for Vegetarian and Vegan Food USJTA Treatment for Coffee Tea and Spices USJTA Treatment for Sugars and Sugar Confectionary USJTA Treatment for Fruit Juice and Jams 2021 USJTA Treatment for Whey 2021 USJTA Treatment for Fruit Preparations 2021 USJTA Treatment for Yogurt and Other Dairy Components 2021 USJTA Treatment for Fats and Oils 2021 Feed Import Regulations and Standards Enforcing Nutrition Labeling Requirements for Processed Foods New Labeling Requirements for Chilled and Frozen Beef Front of Pack Labeling Manual Published Traceability System for Grain and Grain Products FAIRS Export Certificate Report VPSS Introduces Contrasting Proposals on the Importation and Transportation of GE Products To and Within the Russian Federation Restricting Import of Fertilizers and Agrochemicals FAIRS Country Report Annual FAIRS Export Certificate Report Annual FAIRS Export Certificate Report FAIRS Export Certificate Report
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NORTH AMERICA
CANADA
Canada imposes sanctions against listed persons in Belarus
Effective June 21, 2021, the Government of Canada imposed new sanctions against 17 individuals and 5 entities under the Special Economic Measures (Belarus) Regulations (the "Regulations"). The sanctions were imposed in response to alleged systemic human rights violations and the May 23, 2021 diversion, by the Belarusian regime, of Ryanair Flight 4978 from its planned course in order to land in Minsk. The imposition of sanctions by the Government of Canada was taken in coordination with the United Kingdom, European Union, and United States.
Listed persons under the Regulations are considered inadmissible to Canada under the Immigration and Refugee Protection Act. In addition, the Regulations effectively impose an asset freeze on listed persons because, subject to prescribed exceptions, it is prohibited for any person in Canada and any Canadian outside of Canada to:
1. deal in any property, w herever situated, that is ow ned, held or controlled by a listed person or by a person acting on behalf of a listed person;
2. enter into or facilitate any transaction related to a dealing referred to in point (1) above;
3. provide any financial or related services in respect of a dealing referred to in point (1) above;
4. make available any goods, w herever situated, to a listed person or to a person acting on behalf of a listed person; and
5. provide any financial or related service to or for the benefit of a listed per son.
The Regulations further prohibit any person in Canada and any Canadian outside of Canada from knowingly doing anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in any of the prohibited activities described above. For additional background information, please see the press release (here) from the Government of Canada regarding the imposition of these sanctions.
Authors: Paul D. Burns, Brian Cacic and Jacqueline Rotondi.
Miscellaneous regulations and proposals
The following documents of interest to international traders were published in the Canada Gazette. (The sponsoring ministry, department or agency is also shown. N=notice, PR=proposed regulation, R=regulation, O=Order)
Publication Date
Title
06-05-21 06-09-21
PUBLIC HEALTH AGENCY OF CANADA (PHA): Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States) (OIC) PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) (OIC)
PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) (OIC) NATIONAL RESOURCES: Proposed Regulations Amending the Explosives Regulations, 2013 (Restricted Components) (PR)
FINANCE/GLOBAL AFFAIRS: Order Repealing the United States Surtax Order (Aluminum 2020) (SOR/2021-112, June 1, 2021) (O)..
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Publication Date
Title
06-12-21 06-23-21
06-26-21
HEALTH: Order Fixing June 30, 2021 as the Day on Which Sections 45 to 58 of the CanadaEuropean Union Comprehensive Economic and Trade Agreement Implementation Act Come into Force (SI/2021-25, June 1, 2021) HEALTH: Proposed Regulations Amending the Food and Drug Regulations (Exports and Transhipments of Drugs). (PR)
GLOBAL AFFAIRS: Order Amending the Export Control List (SOR/2021-121, June 4, 2021) HEALTH: Nicotine Concentration in Vaping Products Regulations. (SOR/2021123, June 10, 2021) (R) GLOBAL AFFAIRS: Regulations Defining "official development assistance" (SOR/2021-128, June 10, 2021) (R) HEALTH: Interim Order Respecting Ultraviolet Radiationemitting Devices and Ozone-generating Devices (O)
HEALTH: Order Approving the Interim Order Respecting Ultraviolet Radiationemitting Devices and Ozone-generating Devices (OIC) HEALTH: Proposed Regulations (PR) the Food and Drug Regulations (Supplemented Foods) (PR)
HEALTH: Proposed Regulations Amending the Natural Health Products Regulations .(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.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.)
Date 05-28-21 06-23-21
Ref erenc e D9-1-6
CN 21-16
Title
Goods manufactured or produced part by prison or forced labour Amendments to the Departmental Consolidation of the Customs Tarif f
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
MEXICO
Diario Oficial
The following documents of interest to international traders were published in the Diario Oficial de la Federacion: Note: With regard to standards, only those which appear to apply to international trade are listed. (An unofficial English translation is shown.)
Publication Date
Title
06-01-21
FOREIGN RELATIONS: Promulgative Decree of the Trade Continuity Agreement betw een the United Mexican States and the United Kingdom of Great Britain and Northern Ireland, made in Mexico City on December 15, 2020.
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Publication Date
Title
06-03-21 06-04-21 06-08-21
06-11-21
FOREIGN RELATIONS: Promulgative Decree of the Agreement relating to Article 12 of the Trade Continuity Agreement betw een the United Mexican States and the United Kingdom of Great Britain and Northern Ireland, entered into by means of an exchange of letters dated in Mexico City on December 29, 2020. HACIENDA: Resolution that establishes the General Rules relating to the application of the customs provisions of the Trade Continuity Agreement betw een the United Mexican States and the United Kingdom of Great Britain and Northern Ireland.
HACIENDA: Sixth Resolution of modifications to the General Rules of Foreign Trade for 2020. ECONOMY: Agreement by w hich the Applicable Rate of the General Import Tax is disclosed for goods originating in the United Kingdom of Great Britain and Northern Ireland.
ECONOMY: Agreement by w hich the quota is disclosed to export to the United Kingdom of Great Britain and Northern Ireland in the period from July 1 of one year to June 30 of the follow ing year, concentrated frozen orange juice w ith a degree of concentration greater than 20 Brix, originating in the United Mexican States.
ECONOMY: Agreement by w hich the quotas to export various products to the United Kingdom of Great Britain and Northern Ireland originating in the United Mexican States are disclosed. ECONOMY: Agreement disclosing the quota and the allocation mechanism for importing processed tuna, except loins, originating in the United Kingdom of Great Britain and Northern Ireland.
ECONOMY: Decree by w hich the diverse one that establishes the bases according to w hich the Partial Scope Agreement No. 38, signed betw een the United Mexican States and the Republic of Paraguay, published in the Official Gazette of the Federation w ill be applied on 17 April 2000. ECONOMY: Acuerdo by w hich the tariff preferences of the Partial Scope of Renegotiation Agreement No. 38 entered into betw een the United Mexican States and the Republic of Paraguay are disclosed
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the sale of gasoline in the border region w ith the United States of America, corresponding to the specified period, are disclosed. HACIENDA: Agreement by w hich the amounts of the fiscal incentives applicable to the sale of gasoline in the border region w ith Guatemala, corresponding to the specified period, are disclosed.
FOREIGN RELATIONS: Decree approving the Second Modifying Protocol to the Free Trade Agreement betw een the United Mexican States and the Eastern Republic of Uruguay, signed in the city of Santa Cruz de la Sierra, Bolivia, on November 15, tw o thousand three, signed in Montevideo, on November tw enty-seven, tw o thousand and nineteen.
FOREIGN RELATIONS: Decree approving the Third Additional Protocol to the Free Trade Agreement betw een the United Mexican States and the Eastern Republic of Uruguay, signed in the city of Santa Cruz de la Sierra, Bolivia, on November 15, tw o thousand three, signed in Montevideo, Oriental Republic of Uruguay, on November 20, tw o thousand and tw enty. FOREIGN RELATIONS: Decree approving the Agreement on the Mutual Recognition and Protection of the Denominations of Spirits betw een the United Mexican States and the United Kingdom of Great Britain and Northern Ireland, made in Mexico City on November 30 of tw o thousand and tw enty.
FOREIGN RELATIONS: Promulgative Decree of the Agreement betw een the Government of the United Mexican States and the Government of the Hong Kong Special Administrative Region of the People's Republic of China for the Reciprocal Promotion and Protection of Investments, made in Davos, Sw itzerland, on January 23, tw o thousand tw enty.
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the sale of gasoline in the border region w ith the United States of America, corresponding to the specified period, are disclosed.
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Publication Date
Title
06-16-21 06-18-21 06-23-21 06-24-21
HACIENDA: Acuerdo by w hich the amounts of the fiscal incentives applicable to the sale of gasoline in the border region w ith Guatemala, corresponding to the specified period, are disclosed. HACIENDA: Seventh Resolution of Modifications to the General Rules of Foreign Trade for 2020.
ECONOMY: Acuerdo that modifies the one that establishes the merchandise w hose importation is subject to regulation by the Ministry of Agriculture and Rural Development, as w ell as the issuance of the certificate of origin for the export of coffee. HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the sale of gasoline in the border region w ith the United States of America, corresponding to the specified period, are disclosed.
HACIENDA: Acuerdo by w hich the amounts of the fiscal incentives applicable to the sale of gasoline in the border region w ith Guatemala, corresponding to the specified period, are disclosed. ECONOMY: Acuerdo by w hich the quota to import chicken meat is disclosed under the indicated tariff -quota.
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the sale of gasoline in the border region w ith the United States of America, corresponding to the specified period, are disclosed. HACIENDA: Acuerdo by w hich the amounts of the fiscal incentives applicable to the sale of gasoline in the border region w ith Guatemala, corresponding to the specified period, are disclosed.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
UNITED STATES
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL RULE OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE OR ORDER, T R=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED. IN ADDITION, IN CITATIONS WITHIN ARTICLES, THE ABBREVIATIONS FR (FOR FEDERAL REGISTER) AND CFR (FOR CODE OF FEDERAL REGULATIONS), THE GOVERNMENT'S PREFERRED ABBREVIATIONS, ARE OFTEN USED INSTEAD OF FED. REG. OR C.F.R., THE BLUE BOOK'S PREFERRED STYLE. FURTHERMORE, STATUTE T ITLES AND REGULATIONS ARE OFTEN ITALICIZED.]
Presidential documents
During the past month, President Biden signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities:
Date
Subject
06-07-21 06-10-21
Executive Order 14032 of June 3, 2021 - Addressing the Threat From Securities Investments That Finance Certain Companies of the People's Republic of China Executive Order 14033 of June 8, 2021 - Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation In the Western Balkans
Notice of June 8, 2021- Continuation of the National Emergency With Respect to the Actions and Policies of Certain Members of the Government of Belarus and Other Persons to Undermine Democratic Processes or Institutions of Belarus
Notice of June 8, 2021 - Continuation of the National Emergency With Respect to the Western Balkans
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Date
Subject
06-11-21 06-23-21
Executive Order 14034 of June 9, 2021 - Protecting Americans' Sensitive Data From Foreign Adversaries
Notice of June 21, 2021 - Continuation of the National Emergency With Respect To North Korea
Also see SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PRODUCT EXCLUSIONS and EXPORT CONTROLS AND SANCTIONS sections
The White House announces key findings from 100-day reviews under "America's Supply Chains" Executive Order and takes actions intended to ensure supply chain resilience
On June 9, 2021, Baker McKenzie's Global Supply Chain Compliance Blog published the blog "The White House Announces Key Findings from 100-Day Reviews Under `America's Supply Chains' Executive Order and Takes Actions Intended to Ensure Supply Chain Resilience." The post examines a set of reports published by the White House following a 100-day review of four key supply chains: semiconductor manufacturing and advanced packaging; large capacity batteries, including electric vehicle batteries; critical minerals and materials; and pharmaceuticals and advanced pharmaceutical ingredients. These reports assessed risks within these supply chains and provides policy recommendations to address those risks. These reports, along with the accompanied fact sheet, outline new compliance matters, including export controls, that companies should consider. Details of these measures will be unpacked in further blog posts on the Global Supply Chain Compliance Blog, so we encourage you to subscribe to that blog to ensure that you receive the latest updates.
Authors: Kerry B. Contini and Maria Piontkovska.
FOR COMMERCE SECTION 232 AND USTR SEC. 301 TARIFF AND EXCLUSION INFORMATION AND CBP GUIDANCE ON BOTH, PLEASE SEE THE NEW SECTION BELOW.
USTR announces first meeting of the USMCA Labor Council
On June 11, 2021, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing that the Parties to the United States-Mexico-Canada Agreement (USMCA) intend to hold the first meeting of the Labor Council virtually, on June 29, 2021. The session will include a government-to-government Labor Council meeting and a virtual public session on implementation of the USMCA labor chapter. The USTR and the US Department of Labor (DOL) seek suggestions for topics to be discussed during the Labor Council meeting and questions from the public in advance of the public session.
The Parties will host a virtual public session on USMCA Chapter 23 (Labor) implementation from 12:00 p.m. to 2:00 p.m. EDT on June 29, 2021. The deadline for submission of written suggestions for the Labor Council meeting topics and questions for the public session is June 22, 2021.
[In order to simplify research, Secs. 201, 232 and 301 proclamations, tariff notices and CBP implementation instructions are now be covered in the same sec-
tion of this Update, which follows]
SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PRODUCT EX-
CLUSIONS
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SEC. 232
US Court of International Trade declares Section 232 steel and aluminum tariffs on 'derivative' products invalid and orders refunds the tariff
In brief
On 5 April 2021, the US Court of International Trade (Court) issued a significant ruling that overturns a portion of the Section 232 tariffs imposed by President Trump under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862). The decision affects the duties imposed on US imports of steel and aluminum "derivative" products but not the more general steel and aluminum tariffs. The Court found that President Trump missed the statutory deadline when he extended Section 232 tariffs to cover steel and aluminum derivative products more than two years after he received the original Section 232 report. In particular, the President failed to issue the proclamation expanding the duties within the 105day window beginning upon receipt of the investigation report issued by the Secretary of Commerce. The decision may provide a path to meaningful relief (i.e., refunds and future imports with no Section 232 duties) to importers of these products and also provides important precedent for the ongoing litigation challenging the Section 301 tariffs imposed on Chinese goods.
This recent decision follows an earlier one in the same proceeding (Slip Op 21-8, dated 27 January 2021), in which the Court denied both the government's motion to dismiss and the plaintiff's motion for summary judgment, meaning the Court ordered additional briefing on the critical question of when the 105-day period began. The US Government declined to submit additional evidence on this question, and the Court concluded that the government therefore waived an argument that it complied with the 105-day time limit. After finding the President's actions unlawful, the Court ordered covered entries to be liquidated without the assessment of duties and refunds of past duties paid by the plaintiff.
[Ed: On June 17, 2021, a notice of appeal was filed in the US Court of Appeals for the Federal Circuit and assigned case number 2021-2066. The Short caption is PrimeSource Building Products, Inc. v. US].
Download alert
Authors: Kevin M. O'Brien, Christine M. Streatfeild and Caroline Bisk.
SEC. 301
US and UK reach understanding on large civil aircraft; tariffs to be suspended for five years
In a Joint Statement with the UK, on June 17, 2021, the US Trade Representative (USTR) announced that:
The United States and the United Kingdom [today] reached an understanding to resolve a long-standing trade irritant relating to large civil aircraft. This development strengthens our special relationship and builds on the revitalized Atlantic Charter, which affirms our ongoing commitment to sustaining and defending our enduring values against new and old challenges.
The framework provides that the US and the UK will work together to overcome any disagreements in the sector and counter non-market practices. It also provides that they will not impose tariffs related to this dispute for five years. The agreement is a model for ensuring fair competition and addressing challenges posed by non-market economies.
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The following general principles will guide the cooperation between the United States and the United Kingdom in this sector:
1. The tw o sides w ill establish a Working Group on large civil aircraft, to be led by each side's respective Minister responsible for trade. The Trade Ministers w ill consult at least yearly. The Working Group w ill meet on request or at least every 6 months.
2. The Working Group w ill seek to analyze and overcome any disagreements betw een the sides, including on any existing support measures. The Working Group w ill collaborate on and continue discussing and developing these principles and appropriate actions.
3. Each side intends to provide any financing to its large civil aircraft (LCA) producer for the production or development of large civil aircraft on market terms.
4. Each side intends to provide any funding for research and development (R&D) for large civil aircraft to its LCA producer through an open and transparent process and intends to make the results of fully government funded R&D w idely available, to the extent permitted by law . Each side intends not to provide R&D funding, or other support, that is specific, to its LCA producer in a w ay that w ould cause negative effects to the other side.
5. The tw o sides w ill continue discussions to further operationalize paragraphs 3 and 4, w hich apply to all levels of government.
6. Each side intends to collaborate on jointly analyzing and addressing nonmarket practices of third parties that may harm their respective large civil aircraft industries. The tw o sides w ill implement the annexed understanding on cooperation on non-market economies through the Working Group.
7. Each side intends not to impose countermeasures for a period of 5 years, starting from 4 July 2021, in the expectation that the other side w ill contribute to establishing fair competition and to addressing shared challenges from non-market economies.
As part of cooperative framework, the United States and the United Kingdom also released an annex on confronting, China and other non-market economies. To more effectively address the challenge posed by non-market economies, the parties will explore concrete ways to intensify their cooperation in these areas:
a. Inform ation sharing. The tw o sides w ill share information regarding cybersecurity concerns, the priorities described below , and other areas relevant to non-market practices in the large civil aircraft sector.
b. Inw ard investm ents. The tw o sides w ill coordinate and explore common approaches and enhanced cooperation regarding the screening of inw ard investments in the large civil aircraft sector, including those w hose financing is supported by a non-market economy. Such inw ard investments can lead to the appropriation of critical technologies relevant to the sector by a nonmarket economy or a producer located in the territory of a non-market economy, w hich may pose a national security risk.
c. Outw ard investm ents. The tw o sides w ill coordinate and explore common approaches and enhanced cooperation regarding the screening of new outw ard investments in joint ventures and production facilities in non-market economies to ensure that such activities are not influenced by non-market forces, including conditioning the in-country purchases on the location of production facilities or other actions, that lead to the transfer of technology or jobs to the detriment of market-oriented actors, or other risks to national security.
d. Joint analysis of non-m arket practices. Each side w ill discuss coordinating their approach to tackling the challenges of non-market competition in the LCA sector. Some economies do not report transparently all domestic subsidies and provide extensive support to their large c ivil aircraft sector
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through subsidized equity investment, state lending, and state-directed purchases. The tw o sides w ill share information about such subsidies, and identify points w here joint w ork is needed to clarify the extent of state support, w ith the goal of establishing the basis for joint or parallel action in the future, including through appropriate multilateral mechanisms. Some economies also do not permit their airlines to make purchases in line w ith commercial considerations. The tw o sides w ill develop information and consider joint action to ensure purchases reflect those that private, market-oriented operators w ould undertake.
See the framework here.
See the UK statement here.
The Joint Statement follows a similar announcement on June 15, 2021, by the US and the European Union (see below).
US and EU reach understanding on large civil aircraft; tariffs to be suspended for five years
On June 15, 2021, the White House announced that the US and European Union (EU) have reached an agreement in the 16-year WTO Boeing-Airbus dispute and agreed to address shared challenges from China and other non-market economies. The US and EU will suspend tariffs that were authorized by the WTO that are related to this dispute for five years and work together to challenge and counter China and other non-market economies' practices in this sector in specific ways that reflect the standards for fair competition. This includes collaboration on inward and outbound investment and tech transfer.
A White House Fact Sheet and a USTR press briefing said both sides agreed to the following general principles to guide their future cooperation:
Suspend the tariffs related to this dispute for five years. This signals a mutual determination to embark on a fresh start in the relationship. The agreement also retains flexibility for the United States to reapply tariffs if we're no longer competing on a level playing field. [These tariffs will remain suspended so long as EU support for Airbus is consistent with the terms of this agreement. Should EU support cross a red line and U.S. producers are not able to compete fairly and on a level playing field, the United States retains the flexibility to reactivate the tariffs that are being suspended.]
Establish a Working Group to analyze and overcome any disagreements that may arise between the sides. The Working Group will collaborate on and continue discussing and developing these principles and appropriate actions. The Trade Ministers leading the Working Group will consult at least yearly. The Working Group will meet on request or at least every 6 months.
Ensure that workers and industries can compete on a level playing field. The US and EU agreed to clear statements on acceptable support for large civil aircraft producers that affirm the outcomes of the disputes and the intention of the parties to ensure that workers and industries can compete on a level playing field.
Confront the threat faced from China's ambitions to build a sector upon nonmarket practices, including:
Meaningful cooperation on countering (1) investments in the EU and the United States by non-market actors, which can lead to the appropriation of technology; and (2) outward investments into China that are influenced by non-market forces.
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Identifying where joint work is needed to take parallel action against non-market practices.
Sharing information regarding these and other areas to forge a common approach in the large civil aircraft sector.
See EU announcement in EUROPE section below and here.
See Framework Agreement here.
USTR announces and immediately suspends tariffs in Section 301 Digital Services Taxes investigation
On June 2, 2021, United States Trade Representative (USTR) Katherine Tai announced the conclusion of the one-year Section 301 investigations of Digital Service Taxes (DSTs) adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom. The final determination in those investigations is to impose additional tariffs of 25% on certain goods (specified in Annex A to each notice) from these countries, while suspending the tariffs for up to 180 days to provide additional time to complete the ongoing multilateral negotiations on international taxation at the OECD and in the G20 process. In each notice, Annex A is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on November 29, 2021, which is 180 days after the determination of action. In the event the USTR determines that the suspension of the additional duties should be for less than a period of 180 days, USTR will issue a subsequent notice amending the effective date.
The Federal Register notices announcing and suspending the trade actions in the six investigations were published on June 7, 2021 as indicated below:
Notice of Action in the Section 301 Investigation of Austria's Digital Services Tax [Docket No. USTR20210002] Annex A contains a list of 23 tariff subheadings, w ith an estimated trade value for calendar year 2019 of approximately $65 million and inserts new U.S. notes 23(a) and 23(b) to subchapter III of chapter 99 in numerical sequence and a new heading 9903.90.02.
Notice of Action in the Section 301 Investigation of India's Digital Services Tax [Docket No. USTR20210003] Annex A contains a list of 26 tariff subheadings, w ith an estimated trade value for calendar year 2019 of approximately $119 million and inserts U.S. notes 24(a) and 24(b) to subchapter III of chapter 99 in numerical sequence and a new heading 9903.90.03.
Notice of Action in the Section 301 Investigation of Italy's Digital Services Tax [Docket No. USTR20210004] Annex A contains a list of 44 tariff subheadings w ith an estimated trade value for calendar year 2019 of approximately $386 million and inserts new U.S. notes 25(a) and 25(b) to subchapter III of chapter 99 in numerical sequence and a new heading 9903.90.04.
Notice of Action in the Section 301 Investigation of Spain's Digital Services Tax [Docket No. USTR20210005] Annex A contains a list of 27 tariff subheadings, w ith an estimated trade value for calendar year 2019 of approximately $324 million. Annex A inserts new U.S. notes s 26(a) and 26(b) to subchapter III of chapter 99 in numerical sequence and new heading 9903.90.05.
Notice of Action in the Section 301 Investigation of Turkey's Digital Services Tax [Docket No. USTR20210006] Annex A contains a list of 32 tariff subheadings, w ith an estimated trade value for calendar year 2019 of approximately $310 million. Annex A inserts new U.S. notes 27(a) and 27(b) to subchapter III of chapter 99 in numerical sequence and new heading 9903.90.06.
Notice of Action in the Section 301 Investigation of the United Kingdom's Digital Services Tax [Docket No. USTR20210007] Annex A contains a list of 67 tariff
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subheadings, w ith an estimated trade value for calendar year 2019 of approximately $887 million. Annex A inserts new U.S. notes 28(a) and 28(b) to subchapter III of chapter 99 in numerical sequence and a new heading 9903.90.07.
In addition, each notice or Annex provides that:
Any product listed in Annex A, except any product that is eligible for admission under `domestic status' as defined in 19 CFR 146.43, w hich is subject to the additional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern standard time on November 29, 2021, only may be admitted as `privileged foreign status' as defined in 19 CFR 146.41. Such products w ill be subject upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading.
The additional duties imposed by new headings [9902.90.02 through 9902.90.07] do not apply to goods for w hich entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings 9802.00.40, 9802.00.50 and 9802.00.60 and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duties apply to the value of repairs, alterations or processing performed in the named country and as described in the applicable subheading. For heading 9802.00.80, the additional duties apply to the value of the article less the cost or value of such products of the United States, as described in heading 9802.00.80.
Products of the named country that are classified in the subheadings enumerated in the notes 23(a) through 28(a) and that are eligible for temporary duty exemptions or reductions under subchapter II to chapter 99 shall be subject to the additional duties imposed by the action, and any such duty exemption or reduction shall apply only to the permanent general rate prescribed in provisions of chapters 1 through 97 of the tariff schedule.
Products of the named countries that are provided for in the new headings [9903.90.02 through 9903.90.07] and classified in one of the subheadings enumerated in notes 23(b) through 28(b) shall continue to be subject to antidumping, countervailing or other duties (including duties imposed by other provisions of subchapter III of this chapter and safeguard duties set forth in provisions of subchapter IV of this chapter), fees, exactions and charges that apply to such products, as w ell as to the additional duties imposed herein.
Annex B contains product descriptions that are provided for informational purposes only, and are not intended to delimit in any w ay the scope of the action.
CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES
DHS/CBP extend land and ferry travel restrictions to/from Mexico and Canada
On June 23, 2021, Office of the Secretary of the Department of Homeland Security (DHS) and US Customs and Border Protection (CBP) published in the Federal Register a notification of continuation of temporary travel restrictions at land ports of entry and ferries between the United States and Mexico from June 22, 2021 to July 21, 2021, unless amended or rescinded prior to that time. For purposes of the temporary alteration in certain designated ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and (b)(2), travel through the land ports of entry and ferry terminals along the United States-Mexico border shall be limited to "essential travel." At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico.
On the same date, a similar notification was published by DHS/CBP in the Federal Register that continues to temporarily limit the travel of individuals from Canada into the United States at land ports of entry and ferries along the United States-Canada border through July 21, 2021.
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Given the definition of "essential travel" in each notification, the temporary alteration in land ports of entry operations should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the two borders.
"Essential travel," includes, but is not limited to--
U.S. citizens and law ful permanent residents returning to the United States;
Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to w ork in the United States (e.g., individuals w orking in the farming or agriculture industry w ho must travel betw een the United States and Canada in furtherance of such w ork);
Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support Federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);
Individuals engaged in law ful cross-border trade (e.g., truck drivers supporting the movement of cargo betw een the United States and Canada or Mexico);
Individuals engaged in official government travel or diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and
Individuals engaged in military-related travel or operations.
The following travel does not fall within the definition of "essential travel" for purposes of this Notification--
Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events).
The CBP Commissioner may determine that other forms of travel, such as travel in furtherance of economic stability or social order, constitute "essential travel" under this Notification. Further, the CBP Commissioner may, on an individualized basis and for humanitarian reasons or for other purposes in the national interest, permit the processing of travelers to the United States not engaged in "essential travel."
Import restrictions imposed on categories of archaeological and ethnological material of Turkey
On June 16, 2021, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 21-09] that amends the CBP regulations to reflect the imposition of import restrictions on certain categories of archaeological and ethnological material from the Republic of Turkey (Turkey). These restrictions are being imposed pursuant to an agreement between the United States and Turkey (the Agreement) that has been entered into under the authority of the Convention on Cultural Property Implementation Act (the Act). This final rule amends the CBP regulations by adding Turkey to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. This final rule also contains the Designated List that describes the types of archaeological and ethnological material to which the restrictions apply.
On March 27, 2020, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendation by the Cultural Property Advisory Committee, made the determinations required by the Act, including: (1) that the cultural patrimony of Turkey is in jeopardy from
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the pillage of archaeological material representing Turkey's cultural heritage dating from approximately 1.2 million years ago to A.D. 1770, and ethnological material dating from approximately the 1st century A.D. to A.D. 1923; (2) that the Turkish government has taken measures consistent with the Convention to protect its cultural patrimony; (3) that import restrictions imposed by the United States would be of substantial benefit in deterring a serious situation of pillage and remedies less drastic are not available; and (4) that the application of import restrictions as set forth in the final rule is consistent with the general interests of the international community in the interchange of cultural property among nations for scientific, cultural, and educational purposes. The Assistant Secretary also found that the material described in the determinations meets the statutory definition of "archaeological or ethnological material of the State Party" (19 U.S.C. 2601(2)).
In accordance with the Agreement, importation of material designated below is subject to the restrictions of 19 U.S.C. 2606 and 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR 12.104g(a)) and will be restricted from entry into the United States unless the conditions set forth in 19 U.S.C. 2606 and 12.104c of the CBP Regulations (19 CFR 12.104c) are met. CBP is amending 12.104g(a) of the CBP Regulations (19 CFR 12.104g(a)) to indicate that these import restrictions have been imposed. Import restrictions listed as 19 CFR 12.104g(a) are effective for no more than five years beginning on the date on which the Agreement enters into force with respect to the United States. This period may be extended for additional periods of not more than five years if it is determined that the factors which justified the Agreement still pertain and no cause for suspension of the Agreement exists. The import restrictions will expire on March 24, 2026, unless extended.
COAC meeting
On June 8, 2021, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No. USCBP-2021-0020] that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, June 23, 2021 from 1-5 p.m. (EDT) . The meeting will be open to the public via webinar only. There is no on-site, in-person option for this quarterly meeting. Public comments are welcome.
The COAC will hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed:
1. The Secure Trade Lanes Subcommittee w ill present the follow ing updates: the Trusted Trader Working Group w ill provide an update on the progress of the White Paper on the Implementation of CTPAT Trade Compliance Requirements for Forced Labor; the InBond Working Group w ill provide an update on the progress w ith the technical enhancements being addressed through the Trade Support Netw ork and the review of regulatory recommendations incorporated w ithin the COA C In-Bond Modernization White Paper to create future efficiency and process development; the Export Modernization Working Group w ill present their White Paper on Export Operations for the 21st Century along w ith proposed recommendations; and, the Remote and Autonomous Cargo Processing Working Group w ill provide an update on the development of a draft White Paper identifying the potential impact of Remote and Autonomous Vehicles to CBP Cargo Processing Operations.
2. The Next Generation Facilitation Subcommittee w ill provide an update on the follow ing w orking groups and task force activities: First, the Re-Imagined Entry Processes (RIEP) Working Group has begun a series of deep-dive sessions to review the entire entry process and examine w hen entry data becomes available. The intent of these sessions is to determine the points along the supply -chain w here the data is first available in order to enhance the facilitation and security of the entry process and
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may provide some strategic recommendations in this area. Next, the One U.S. Government Working Group w ill provide an update on the follow ing key project: the automation of electronic documents that are currently required at time of entry and the Partner Government Agency Disclaim Handbook. Finally, CBP w ill provide an update on the progress of the E-Commerce and 21st Century Customs Framew ork Task Forces.
3. The Intelligent Enforcement Subcommittee w ill provide a status update on the follow ing: the Bond Working Group w ill report on the continued w ork w ith CBP on the Monetary Guidelines of Setting Bond Amounts, the status of the risk-based bonding initiative, and recommendations on the eBond Pilot; the Antidumping/Countervailing Duty (AD/CVD) Working Group w ill discuss the ongoing challenges associated w ith the grow ing number of AD/CVD cases; the Intellectual Property Rights (IPR) Process Modernization Working Group w ill provide updates on past recommendations to further the modernization of IPR processes; and, the Forced Labor Working Group w ill provide an update related to the progress of the three subgroups outlined in the Statement of Work: Informed Compliance Fact Sheet Subgroup, Emerging Traceability Subgroup, and Forced Labor Report and Metrics Subgroup.
4. The Rapid Response Subcommittee w ill provide an update on the progress of its tw o w orking groups. First, the USMCA Working Group has identified specific topics for review w ith the USMCA Center as the anticipated publication of the new regulations approaches. The topics for discussion include export guidance, e-signatures, and the marking rules in part 102 of title 19 of the Code of Federal Regulations (19 CFR part 102). Second, the Broker Exam Modernization Working Group w ill provide an update on recent exam modernization activities.
Meeting materials are available at the COAC website: https://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings.
Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.]
F.R. Date
Subject
06-01-21
06-07-21 06-11-21 06-28-21
Application for Identification Card [OMB Control No. 1651-0008] (N) [CBP Form 3078] U.S. Customs Declaration (CBP Form 6059B) [OMB Control No. 1651-0009] (N)
Application for Allow ance in Duties [OMB Control No. 1651-0007] (N) [CBP Form 4315] Crew man's Landing Permit (CBP Form I-95) [OMB Control No. 1651-0114] (N)
Application to Use Automated Commercial Environment (ACE) [OMB Control No. 1651-0105] (N)
CBP issues final determinations in procurement cases
CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register. Please note that since the issuance of Acetris Health, LLC v. United States, 949 F.3d 719 (Fed. Cir. 2020), CBP will no longer determine whether a product which is assembled in the United States qualifies as a "U.S. made end product."
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F.R. Date Ruling Reference (Date Issued) and Product
06-14-21
HQ H309124 (June 4, 2021) Certain Fixed and Portable Patient Ceiling Lift Systems
Country of Origin
Would not be products of a foreign country or instrumentality designated pursuant to 19 U.S.C. 2511(b)
"Lever-Rule" application(s) filed
CBP has received the following application(s) for "Lever-Rule" protection pursuant to 19 C.F.R. 133.2(f). In the event that CBP determines the goods under consideration are physically and materially different from the goods authorized for sale in the United States, CBP will publish a notice in the Customs Bulletin indicating that the referenced trademark is entitled to "Lever-rule" protection with respect to those physically and materially different goods. [Shown as "Approved" below]
Customs
Bulletin Date
Applicant
06-09-21
LifeScan IP Holdings, LLC
Products Covered by the Application
Foreign made blood glucose testing strips and blood glucose monitors intended for sale outside the United States
Trademark
"ONETOUC H" USTM REG. 2,863,393 CBP REC.TMK 12-00526
--"ONETOUCH ULTRA" USTM REG. 2,538,658 CBP REC.TMK 03-00074
--"ONETOUCH VERIO" USTM REG. 4,112,124 CBP REC. TMK 20-00237
EAPA Notices of Action and Final Determinations
The following Notices of Action and Final Determinations under the Enforce and Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015) relating to alleged evasion of antidumping or countervailing duties were posted by CBP:
Date
Subject
06-03-21
EAPA Case 7579: A&A Pharmachem Inc. (Notice of Initiation of Investigation and Interim Measures, May 27, 2021)
Detention Orders (Withhold Release Orders)
When information reasonably but not conclusively indicates that merchandise within the purview of 19 U.S.C. 1307 (forced or convict labor) is being imported, the Commissioner of U.S. Customs and Border Protection (CBP) may issue withhold release orders pursuant to 19 C.F.R. 12.42(e). The following withhold release orders were issued by the Commissioner during the period of coverage of this Update.
Date
Country
06-24-21 China
Merchandise and Manufacturer(s)
silica-based products made by Hoshine Silicon Industry Co., Ltd.,(Xinjiang)
Revocations or modifications of CBP rulings
See separate section below.
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CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below.
Date
CSMS# and Title
06-01-21 06-02-21 06-03-21 06-04-21
06-05-21 06-07-21 06-08-21 06-09-21
06-10-21 06-14-21
06-15-21
06-17-21
CSMS #48380692 - Draw back: AP Continuous Bonding Policy Change
CSMS #48388153 - Information on Upcoming Webinar Series: Navigating the ACE Secure Data Portal and Running ACE Reports
CSMS #48390775 - Updated ABI Softw are Vendors List
CSMS #48395804 - Updated ACE CATAIR Error Dictionary on CBP.GOV CSMS #48406822 - ACE PRODUCTION: Scheduled Maintenance, Saturday
June 5, 2021 at 10pm to 4am ET Sunday, June 6, 2021 for ACE infrastructure maintenance and the follow ing ACE Deployment
CSMS #48407291 - Message Title: FDA Scheduled Maintenance Saturday, June 5, 2021, 11:00PM EST to June 6, 2021, 12:30AM EST
CSMS #48410667 - Update: FDA Scheduled Maintenance Saturday, June 5, 2021, 11:00PM EST to June 6, 2021, 12:30AM EST
CSMS #48416508 - Food and Drug Administration (FDA) Entry Processing Delays at this Time
CSMS #48417201 RESOLVED- Food and Drug Administration (FDA) Entry Processing Delays
CSMS #48425729 -Mitigating Procedures For Very Large Truck Shipments CSMS #48428585 - Emergency Maintenance Affecting ACE EDI processing.
CSMS #48429282 - Resolved-Emergency Maintenance Affecting ACE EDI processing.
CSMS #48432535 - Emergency Maintenance Affecting ACE Portal
CSMS #48437563 - ACE EDI Delays CSMS #48438413 - Resolved-ACE EDI Communication Issues
CSMS #48439244 - ACE Tips for Trade w hen Filing U.S. Fish and Wildlife Service Data.
CSMS #48452595 - Updated ACE CATAIR PGA Status Notification Codes document is available
CSMS #48457565 - Clarification related to CSMS #48452595: Updated ACE CATAIR PGA Status Notification Codes
CSMS #48459454 - ACE Ocean and Rail delays
CSMS #48459673 - Resolved-ACE Ocean and Rail delays
CSMS #48463000 - FDA adds ethylene oxide sterilized medical devices processed at Steril Milano facilities in Monza and Reggiolo, Italy to Import Alert 89-04
CSMS #48488492 - Updated ACE Development and Deployment Schedule Posted to CBP.gov/ACE
CSMS #48499818 - Updated Draft Draw back/TFTEA Draw back Entry Summary Create/Resubmission CATAIR Now Available on CBP.gov
CAMS #48499888 - Updated Draft Draw back/TFTEA Draw back Entry Summary Create/Resubmission CATAIR Now Available on CBP.gov
CSMS #48501903 - Draw back: Merchandise Processing Fee (MPF) Apportionment on Exempt Merchandise
CSMS #48505331 - ACE Certification Standard Invasive Maintenance Window on 06/16/2021 from 5:00pm to 8:00pm EST
CSMS #48523182 - An update to the Department of State, Office of Marine Conservation (OMC) Supplemental Implementation Guide is available.
CSMS #48523201 - ACE EDI Delays CSMS #48524181 - Resolved-ACE EDI Delays
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Date
CSMS# and Title
06-21-21 06-22-21 06-23-21
06-25-21
CSMS #48527555 - Government Closure on June 18, 2021
CSMS #48553755 - An update to the Department of State, Office of Marine Conservation (OMC) Supplemental Implementation Guide is available.
CSMS #48553831 - Version 5 of the PGA Error Code Dictionary is now available
CSMS #48555022 - Updated ABI Softw are Vendors List is now available on CBP.gov
CSMS #48566907 - ACE Certification Extended Invasive Maintenance Window on 06/23/2021 from 5:00pm to 9:00pm EST
CSMS #48577331 - Broker Management Officer (BMO) Contact List Available on cbp.gov
CSMS #48577899 -Updated ACE CATAIR Appendix B is available
CSMS #48578170 - Updated ACE Appendix PGA is available CSMS #48596102 - FDA Scheduled Maintenance Saturday, June 26, 2021,
11:00PM EST to June 27, 2021, 2:30AM EST
CSMS #48596749 - Retail Sales Long-Term Solution for Draw back Exports to Canada and Mexico Deployed to CERT
CSMS #48596921 - National Commodity Specialist Division (NCSD) June through August 2021 Webinars
CSMS #48598532 - CORRECTION: Retail Sales Long-Term Solution for Draw back Exports to Canada and Mexico Deployed to CERT
Foreign Trade Zones
The following documents were published in the Federal Register by the ForeignTrade Zones Board:
F.R. Date 06-02-21 06-03-21 06-04-21 06-07-21 06-09-21 06-10-21
06-15-21
06-17-21
Document
Foreign-Trade Zone 249 Pensacola, Florida Application for Reorganization and Expansion under Alternative Site Framew ork [B-42-2021]
Approval of Subzone Status; Pepperl+Fuchs, Inc., Katy, Texas {B-42-2021] Foreign-Trade Zone 22-- Chicago, Illinois; Authorization of Production Activity, AbbVie, Inc. (Pharmaceutical Products), North Chicago and Lake County, Illinois [B042021] Foreign-Trade Zone 265 Conroe, Texas; Authorization of Production Activity; Bauer Manufacturing LLC, d/b/a NEORig (Water Well Drilling Rigs), Conroe, Texas [B-05-2021] Foreign-Trade Zone 136 Brevard County, Florida; Notification of Proposed Production Activity; Airbus OneWeb Satellites North America LLC (Satellites and Satellite Systems) Merritt Island, Florida [B-44-2021]
Approval of Expansion of Subzone 18F, Lam Research Corporation, New ark, California [S-59-2021] Foreign-Trade Zone 134 Chattanooga, Tennessee; Authorization of Production Activity; Wacker Polysilicon North America, LLC (Hydrophilic Fumed Silica) Charleston, Tennessee [B-7-2021] Foreign-Trade Zone 18 San Jose, California; Authorization of Production Activity, Enovix Corporation, (Lithium Ion Metal Batteries), Fremont, California [B9-2021] Foreign-Trade Zone 281 Miami-Dade County, Florida; Notification of Proposed Production Activity; Intel Corporation (Kitting, Assembly and Packaging of Computer Electronics), Miami, Florida [B-45-2021] Foreign-Trade Zone 49 New ark and Elizabeth, New Jersey; Authorization of Production Activity, Celgene Corporation (Biopharmaceuticals), Warren and Summit, New Jersey [B-10-2021] Foreign-Trade Zone 204 Tri-Cities, Tennessee; Authorization of Production Activity, Eastman Chemical Company, (Plastics), Kingsport, Tennessee [B-082021]
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F.R. Date
06-23-21 06-24-21 08-25-21 06-28-21
Document
Foreign-Trade Zone 5 Seattle, Washington; Authorization of Production Activity; Juno Therapeutics, Inc. (Biopharmaceuticals), Bothell, Washington [B-122021] Foreign-Trade Zone 98 Birmingham, Alabama; Notification of Proposed Production Activity, Mercedes-Benz U.S. International, Inc., (Electric Motor Vehicles and Battery Assemblies), Vance and Woodstock, Alabama [B-46-2021] Foreign-Trade Zone 38 Spartanburg County, South Carolina; Authorization of Production Activity; Bosch Security Systems, LLC (Surveillance, Detection, Evacuation, and Management Systems) Greer, South Carolina [B-11-2021] Foreign-Trade Zone 38 Spartanburg County, South Carolina; Application for Production Authority; Teijin Carbon Fibers, Inc.; Extension of Rebuttal Comment Period [B-52-2020] Foreign-Trade Zone 72 Indianapolis, Indiana Authorization of Production Activity XPO Logistics (Wearable Electronic Communication/Data Device Kitting) Clayton, Indiana [B-13-2021] Foreign-Trade Zone 145 Shreveport, Louisiana; Application for Reorganization under Alternative Site Framew ork [B-48-2021]
EXPORT CONTROLS AND SANCTIONS
OFAC issues COVID-19-related General licenses for Syria, Venezuela, and Iran
On June 17, 2021, the US Treasury Department's Office of Foreign Assets Control (OFAC) issued three pandemic-related general licenses ("GLs") authorizing certain transactions and activities through June 16, 2022, involving Syria, Venezuela, Iran, or certain blocked entities in these countries. The new GLs are Syria General License No. 21, Venezuela General License No. 39, and Iran General License N, and they authorize certain transactions and activities related to the prevention, diagnosis, or treatment of COVID-19 (including research or clinical studies relating to COVID-19). According to OFAC's press release, the GLs build upon OFAC's existing humanitarian authorizations, including authorizations for COVID-19-related activities. The GLs are part of OFAC's continued efforts under the National Security Memorandum 1, which directed various agencies, including OFAC, to review existing US sanctions to evaluate whether they are unduly hindering responses to the pandemic worldwide.
Companies that wish to rely on the GLs to engage in pandemic-related activities and services should review the GLs to confirm that their proposed activities are within the scope of the authorizations and that they are able to comply with the GL's terms and conditions. For example, Venezuela General License No. 39 does not authorize dealings with certain Specially Designated Nationals (SDNs).
OFAC also issued six Frequently Asked Questions (FAQs) (FAQ 906, 907, 908, 909, 910, 911), clarifying the scope and effect of the GLs. Notably, FAQ 910 sets out OFAC's expectations regarding the due diligence to be conducted by US financial institutions when processing funds transfers or trade finance transactions authorized under the GLs. Specifically, OFAC clarifies that US financial institutions may rely on the transfer originator with regard to compliance with the GLs, provided that the financial institution does not know or have reason to know that the funds transfer is not in compliance with the GLs.
We also note that according to FAQ 911, non-US persons do not risk exposure under US sanctions for engaging in activities that are authorized by the GLs with respect to US persons. In other words, engaging in activities within the scope of
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the GLs would not, without more, put a non-US person at risk of being designated as a Specially Designated National for providing "support" to a blocked person.
Authors: Kerry B. Contini, Lise S. Test and Yu (Iris) Zhang.
The authors ack nowledge the assistance of Alexandra Pasch in this blog post.
FEMA announces additional exemptions to restrictions on exports of certain medical supplies from the United States
On June 14, 2021, the Federal Emergency Management Agency (FEMA) announced new exemptions from a temporary final rule placing export restrictions on certain types of medical supplies and personal protection equipment products ("PPE Products") used in response to the COVID-19 global health pandemic. The new exemptions include industrial N95 respirators, PPE surgical masks, and specific syringes and needles. The temporary final rule is set to expire on June 30, 2021.
FEMA first imposed export restrictions on certain PPE Products on April 7, 2020, to reserve supplies for domestic use to combat the COVID-19 pandemic, as described in our blog post here. Exemptions from the export restrictions were issued in April and the original temporary final rule was modified and extended in August 2020. In December 2020, FEMA expanded the list of covered PPE Products to include certain syringes and hypodermic needles, in light of the high rate of influenza vaccine administration and the rollout of the COVID-19 vaccines, as described in our blog post here.
All previous blogs posts on trade restrictions imposed throughout the COVID-19 pandemic can be found here. Baker McKenzie's COVID-19 Product Import/Export Review ("COVID-19 PIER"), a multijurisdictional tracker for trade restrictions imposed worldwide, can be found here.
Authors: Sylwia A. Lis and Meghan Hamilton.
The authors ack nowledge the assistance of Ryan Orange in this blog post.
EPA to accept TSCA export notifications electronically
On June 14, 2021, the Environmental Protection Agency (EPA) published in the Federal Register a notice [EPA-HQ-OPPT-2021-0286; FRL-10023-61] announcing the availability of an electronic option for submitting the export notifications that are required under the Toxic Substances Control Act (TSCA). As an alternative to the hardcopy approach, which is still available, EPA is also now accepting the required export notifications electronically using EPA's electronic document submission system, the Central Data Exchange (CDX). Use of CDX to prepare and submit the required export notifications to EPA will help streamline and reduce the administrative costs and burdens associated with submitting paperbased export notifications for both the submitters and the Agency. TSCA export notifications may be submitted electronically using CDX as of June 14, 2021
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Biden Administration revokes Executive Orders banning certain Chinese software applications
On June 9, 2021, the Biden Administration issued Executive Order 14034, "Protecting Americans' Sensitive Data from Foreign Adversaries" ("EO 14034"). EO 14034 revokes three executive orders issued by the Trump Administration that effectively banned certain Chinese connected software applications ("apps") from operating in the United States. Although EO 14034 revokes these legal authorities and calls for their implementing rules to be rescinded, EO 14034 signals that the Biden Administration will continue to analyze the national security risks presented by apps developed by persons subject to the jurisdiction or control of "foreign adversaries" and suggests that additional restrictions may be issued in the future.
The Revoked EOs
The Trump Administration issued three executive orders ("Revoked EOs") that provided the authority for the US Commerce Department to restrict or prohibit certain Chinese apps from operating in the United States:
Executive Order 13942 (prohibiting certain transactions involving ByteDance Ltd.
and its subsidiaries (including the TikTok app)) ("EO 13942");
Executive Order 13943 (prohibiting certain transactions involving Tecent Hold-
ings Ltd.'s WeChat app) ("EO 13943"); and
Executive Order 13971 (prohibiting certain transactions involving persons that
develop or control the follow ing Chinese apps, or their subsidiaries: Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Office) ("EO 13971").
The Revoked EOs were originally issued under the authority of Executive Order 13873 ("EO 13873"), which authorizes the Commerce Department to block or impose conditions on transactions involving information and communications technology and services ("ICTS") originating in certain countries designated as "foreign adversaries." Our blog posts on the EO 13873 regulations and EO 13971 are available here and here, respectively. EO 14034 does not revoke EO 13873 and directs the Secretary of Commerce to continue to evaluate transactions involving apps that may pose risks to US national security under EO 13873 and its implementing regulations.
EO 14034 repeals the Revoked EOs and directs the relevant executive agencies to rescind the regulations implementing EO 13942 and 13943. Commerce Department orders barring certain transactions involving ByteDance Ltd. and WeChat were blocked from taking effect in 2020 through legal challenges that resulted in injunctions against implementation of the orders. The Biden Administration abandoned litigation challenging the injunctions in February 2021 pending completion of a broader review of the national security threat presented by the collection of US persons' data through such apps.
Broad review of national security risks of apps with ties to "foreign adversaries"
EO 14034 reflects the Biden Administration's new approach to addressing the national security risks presented by apps from "foreign adversaries." EO 14034 calls for a "rigorous, evidence-based analysis" of the national security risks associated with the transfer of or access to US persons' data, particularly with regard to access by persons owned, controlled, or subject to the jurisdiction of "foreign adversaries," including the People's Republic of China.
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Reports analyzing these risks and recommending additional legal actions to address such risks are due to be submitted to the US National Security Advisor on October 7, 2021 and December 6, 2021, respectively. EO 14034 suggests that future legal authorities issued by the Biden Administration to protect the ICTS supply chain may be more general and will not focus on individual companies.
Authors: Terence Gilroy, Alexandre (Alex) Lamy and Ryan Poitras.
BIS amends the EAR to reflect the UAE's termination of Its participation in the Arab League Boycott of Israel
On June 9, 2021, the US Department of Commerce's Bureau of Industry and Security (BIS) issued a final rule, effective June 8, amending the Export Administration Regulations (EAR) to reflect the formal termination by the United Arab Emirates (UAE) of its participation in the Arab League Boycott of Israel (the "Amendment"). This means that certain requests for information, action or agreement from the UAE will no longer be presumed to be boycott-related if made after August 16, 2020. The Commerce Department has also issued a press release.
Background
On August 13, 2020, the UAE and Israel announced the historic peace agreement between the two countries (known as the UAE-Israel Abraham Accords), thereby establishing full diplomatic and commercial relations between the two countries. On August 16, 2020, the UAE issued Federal Decree-Law No. 4 of 2020, which repealed Federal Law No. 15 of 1972 Concerning the Arab League Boycott of Israel and formally terminated the UAE's participation in the Arab League Boycott of Israel. In response to these actions, on April 8, 2021, the US Treasury Department removed the UAE from Treasury's List of Countries Requiring Cooperation With An International Boycott. Our prior blog posts regarding the UAE's repeal of the boycott law and Treasury's action can be found here and here. On April 22, 2021, the US State Department certified to Congress that the UAE had formally ended its participation in the Arab League Boycott of Israel.
The Effect of the EAR Amendment
Part 760 of the EAR prohibits US persons from taking certain actions in furtherance or support of boycotts by foreign countries against countries friendly to the United States, in particular Israel, and imposes a quarterly reporting requirement on the receipt of certain boycott-related requests. Through the addition of a new Supplement No. 17 to part 760 of the EAR, the Amendment confirms that certain requests for information, action or agreement from the UAE that were presumed to be boycott-related prior to August 16, 2020 will no longer be presumed to be boycott-related if made after August 16, 2020. Accordingly, such requests will no longer be subject to the prohibitions or reporting requirements of part 760 of the EAR. For example, a request from the UAE for a certification that a vessel is eligible to enter UAE ports, or a request by UAE government officials requiring a US company to provide the place of birth of employees traveling to the UAE, will no longer be presumed to be boycott-related if made after August 16, 2020.
Notwithstanding the Amendment, US persons are still required to adhere to the prohibitions and reporting requirements under part 760 of the EAR with respect to requests from the UAE that are overtly boycott-related. Therefore, US companies should remain vigilant for requests from the UAE containing references to "blacklisted," "Israel," "boycott," "non-Israeli goods," "six-pointed star," and other phrases and words indicating a boycott purpose.
Authors: Janet K. Kim, Lise S. Test and Yu (Iris) Zhang.
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The authors ack nowledge the assistance of Rob O'Brien in the preparation of this blog post.
President signs Executive Order amending ban on US Persons purchasing securities of certain Chinese companies
On June 3, 2021, President Biden issued Executive Order 14032, "Addressing the Threat from Securities Investments that Finance Certain Companies of the People's Republic of China" (the "CMIC EO"). This amends and replaces Executive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974) that restricted investments in certain "Communist Chinese Military Companies" (CCMCs). The main changes implemented by the CMIC EO and related public guidance are to (1) change the group of targeted Chinese companies to focus on "Chinese Military-Industrial Complex" companies, (2) clarify the scope of the prohibitions, and (3) reset the clock for prohibited investments in the targeted companies. Our blog posts on EO 13959 and prior guidance from the US Treasury Department's Office of Foreign Assets Control's (OFAC) about the CCMC sanctions program are available here and here.
At a high level, amended EO 13959 continues to prohibit the purchase or sale by US Persons of publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, of certain Chinese companies listed in the Annex to EO 13959, or determined by the Secretary of the Treasury:
"to operate or have operated in the defense and related materiel sector or the
surveillance technology sector of the economy of the [PRC];" or
"to ow n or control, or to be ow ned or controlled by, directly or indirectly," any
such identified company.
Before it was amended by EO 14032, EO 13959's prohibitions applied to "any securities that are derivative of [publicly traded CCMC] securities or are designed to provide investment exposure to such securities." Amended EO 13959 limits the scope by only targeting those securities that are "publicly traded."
Effective June 3, 2021, EO 13959's Annex is replaced and superseded in its entirety by the CMIC EO's Annex ("CMIC Annex"). OFAC's new Non-SDN Chinese Military-Industrial Complex Companies List ("NS-CMIC List") replaces the NonSDN Communist Chinese Military Companies List ("NS-CCMC List"), which OFAC deleted from its website. OFAC will subsequently refer to entities on the NS-CMIC List as "Chinese Military-Industrial Complex Companies" or "CMICs."
The CMIC Annex now includes 59 Chinese companies, including 33 additional entities not included in the previous NS-CCMC List or related lists maintained by the Department of Defense (DoD). The current list is available here.
OFAC published several new Frequently Asked Questions (FAQs) and updated existing FAQs to reflect the CMIC EO and its amendments to EO 13959. The following points in OFAC's FAQs are noteworthy:
FAQ 905 clarifies that US Persons are not prohibited from engaging in all activi-
ties w ith CMICs. The prohibitions apply only w ith respect to certain purchases or sales of targeted securities of the NS-CMIC List entities. The CMIC EO does not prohibit the purchase or sale of goods or services related to CMIC subsidiaries.
Amended FAQ 857 states that OFAC's 50% Rule does not apply to the subsidi-
aries or affiliates of NS-CMIC List entities and only named companies on that list are subject to EO 13959's investment restrictions.
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FAQ 902 clarifies that US Persons are not prohibited from providing investment
advisory, investment management, or similar services to a non-US person, including a foreign entity or foreign fund, in connection w ith the non-US person's purchase or sale of a CMIC's covered securities, provided that the underlying purchase or sale does not otherw ise violate EO 13959 (e.g., w here the purchase or sale is not for the benefit of a US Person or an attempted evasion). FAQ 901 addresses due diligence expectations of US Persons w hen determining the permissibility of particular purchases or sales, specifically that they may rely on information available to them in the ordinary course of business.
FAQ 903 provides that US Persons employed by non-US entities are not prohib-
ited from involvement in purchases or sales related to a covered security on behalf of their non-US employer, provided that such activity is in the ordinary course of their employment and otherw ise does not violate the EO 13959.
FAQ 904 confirms that US market makers are permitted to facilitate divestment
from targeted CMIC securities. Along the same lines, amended FAQ 865 addresses the permissibility of market intermediaries and other participants w ho engage in ancillary or intermediary activities necessary to effect divestiture.
FAQ 900 clarifies that OFAC w ill use its discretion to target under EO 13959
those w ho operate or have operated in support of "(1) surveillance of persons by Chinese technology companies that occurs outside of the PRC; or (2) the development, marketing, sale, or export of Chinese surveillance technology that is, w as, or can be used for surveillance of religious or ethnic minorities or to otherw ise facilitate repression or serious human rights abuse."
The CMIC EO also resets the clock on the investment prohibitions. The prohibitions with respect to purchases and sales of publicly traded securities of CMICs listed in the Annex take effect beginning at 12:01 AM EST on August 2, 2021. Additionally, the CMIC EO permits the purchase or sale of publicly traded securities made solely to effect the divestment of such securities by a US Person prior to 12:01 AM EST on June 3, 2022. For entities not currently listed in the CMIC Annex, the prohibitions go into effect beginning at 12:01 AM EST on the date 60 days after the entity is added to the NS-CMIC List; purchases and sales solely to effect divestment in such securities are allowed up to 365 days after the entity is added to the NS-CMIC List.
The CMIC EO does not include the prohibition on US Persons simply "possessing" targeted securities that had been introduced in EO 13974. Correspondingly, OFAC did not keep FAQ 872 that had advised that US Persons had to divest from covered CCMC securities after the divestment period ended. Accordingly, US Persons may apparently continue to hold covered CMIC securities after the relevant period, but then will not be able to engage in other transactions related to those securities so long as EO 13959's prohibitions apply.
In addition to OFAC's updated NS-CMIC List, DoD issued a list of Chinese military companies operating directly or indirectly in the United States in accordance with Section 1260H of the National Defense Authorization Act for Fiscal Year 2021. The list is available here and is not identical to the updated NS-CMIC List. Under the prior statutory provision that required DoD to identify CCMCs, Section 1260H only mandates that DoD provide a report about these Chinese military companies and there is language in the provision providing for sanctions to be imposed on these identified Chinese military companies.
Authors: Alison J. Stafford Powell and Alexandre (Alex) Lamy
The authors ack nowledge the assistance of Alexandra Pasch in the preparation of the above article.
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Biden Administration re-imposes sanctions on certain Belarusian state-owned enterprises and suspends application of the 2019 USBelarus Air Services Agreement
On May 28, 2021, the Biden Administration issued a press release confirming the re-imposition of sanctions on certain Belarusian state-owned enterprises (SOEs) (presaged by the issuance of wind down Belarus General License 2H on April 19, 2021) and suspending the application of the 2019 US-Belarus Air Services Agreement ("2019 USB Agreement") in response to the Belarusian government's apparent forced diversion of a commercial flight to Minsk on May 23. The Press Release also indicates additional sanctions targeting Belarusian government officials are under development and calls for international bodies to inves tigate and take action regarding the events of May 23. These developments mark a significant escalation of US sanctions against the Belarusian government and effectively suspend flights connecting the two countries.
Sanctions on Belarusian SOEs and Additional Sanctions Authority
The Press Release states that the blocking sanctions against nine Belarusian SOEs would be re-imposed effective June 3, 2021 ("Belarusian SOE SDNs"). The US Department of the Treasury's Office of Foreign Assets Control (OFAC) previously authorized US Persons' participation in transactions involving the Belarusian SOE SDNs under Belarus General License 2 (most recently Belarus General License 2G). OFAC revoked Belarus General License 2G on April 19, 2021, and concurrently issued Belarus General License 2H, which authorized certain wind down transactions with the Belarusian SOE SDNs through June 3, 2021. Our blog post on General License 2H is available here. Now that General License 2H has expired, US Persons are prohibited from engaging in transactions or dealings with the Belarusian SOE SDNs, their property, or their interests in property, including any entities in which they own a 50 percent or greater interest.
The Press Release also suggests that additional sanctions targeting members of the Belarusian government are forthcoming. The Press Release states that the United States is coordinating with the European Union and other US partners to develop a list of targeted sanctions against Belarusian government officials "associated with ongoing abuses, the falsification of the 2020 election, and the events of May 23." In parallel, the US Department of the Treasury is also creating a new executive order providing authority to impose additional sanctions on the Belarusian government.
Suspension of the 2019 USB Agreement and Broader International Aviation Implications
The Press Release confirms that the United States will suspend the 2019 USB Agreement, which will significantly impact the Belarusian aviation industry. The 2019 USB Agreement removed all restrictions on the number of flights and routings between the US and Belarus and allowed US and Belarusian carriers to operate flights in the other country's airspace. The suspension of the 2019 USB Agreement will effectively end flights between the United States and Belarus.
The Press Release expresses the Biden Administration's intent to advocate for action against the Belarusian government at international bodies in public condemnation of the events of May 23. This follows the International Civil Aviation Organization (ICAO) Council's May 27 call for a fact-finding investigation into the incident to determine whether any ICAO member state had breached international aviation law, including the Convention on International Civil Aviation Law,
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also known as the Chicago Convention. The Chicago Convention was established in the 1940s and established the framework that allows for international aviation as we know it today. The United Nations established ICAO in 1944 as a specialized agency to promote the safe and orderly development of international civil aviation throughout the world.
Relevant to the recent events in Belarus, the Chicago Convention mandates that contracting States may not use civil aviation for any purpose contrary to the Convention and requires States to refrain from the use of weapons against civil aircraft in fight and endangering persons on board the aircraft in the case of interception. While ICAO does not have the authority to directly enforce measures in response, under the Chicago Convention, the larger ICAO Assembly could suspend Belarus's voting rights in the event of non-conformity with the requirements of the Chicago Convention.
Belarusian Counter Sanctions
In turn, the Belarusian government announced counter-measures mostly focusing on restrictions on diplomatic relations with the United States. Such measures include the reduction of personnel of the US diplomatic mission, tightening visa requirements and restricting the work of US specialists in Belarus. The Belarusian government also rescinded the authorization for the United States Agency for International Development to work in Belarus.
Authors: Jennifer Trock, Paul Amberg, Alexander Korobeinikov, Eunkyung Kim Shin and Ryan Poitras.
OFAC issues Burma Sanctions Regulations
On June 1, 2021, the US Treasury Department's Office of Foreign Assets Control (OFAC) published the Burma Sanctions Regulations at 31 C.F.R. Part 525 (the "BSR") to implement Executive Order 14014, "Blocking Property With Respect to the Situation in Burma" ("EO 14014"). EO 14014 imposed sanctions on certain Burmese parties in response to the Burmese military's coup against the democratically elected civilian government.
The BSR do not expand upon the sanctions previously imposed under EO 14014, but do introduce new general licenses authorizing:
the provision of certain legal services to Specially Designated Nationals ( "SDNs")
designated pursuant to EO 14014, and payment for such services from certain funds originating outside the United States;
the provision and receipt of nonscheduled emergency medical services;
deductions from blocked accounts of certain service charges ow ed to US finan-
cial institutions; and
transfers of funds or credits betw een blocked accounts held by US financial insti-
tutions in their branches and offices, provided that no transfers are made from accounts held w ithin the United States to accounts held outside the United States, and also provided that a transfer from a blocked account may be made only to another blocked account held in the same name.
OFAC also indicated that the BSR is being published in abbreviated form, and that it intends to provide more comprehensive regulations at a later date. Please see our prior blog posts on the sanctions imposed under EO 14014 here, and on two military-affiliated Burmese conglomerates here.
Authors: Kerry B. Contini, Alexandre (Alex) Lamy and Daniel Andreeff.
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The authors ack nowledge the assistance of Alexandra Pasch in the preparation of this article.
BIS and State publish notice re: transfer of jurisdiction of certain "software" and "technology" as a result of Court action
On June 1, 2021, the Bureau of Industry and Security (BIS) published in the Federal Register a notification to the public [Docket No. 210527-0116] concerning the transfer of jurisdiction of certain "software" and "technology" as a result of action by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020 preliminary injunction by the district court in Washington v. U.S. Dep't of State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021). Pursuant to that decision, issued on April 27, 2021, the mandate of the Ninth Circuit was issued on May 26, 2021 and district court's injunction was vacated. This notice also includes guidance to persons with technology or software that was previously retained on the US Munitions List (USML) and controlled under the International Traffic in Arms Regulations (ITAR) pursuant to the March 6 district court order, but which is now subject to the jurisdiction of the Export Administration Regulations (EAR).
As of May 26, 2021, the "technology" and "software" that meets the criteria in section 734.7(c) is "subject to the EAR" and is no longer controlled under the ITAR. In anticipation of the dismissal of the case, BIS updated Frequently Asked Questions (FAQs) posted on the BIS website to add twelve FAQs to assist public understanding of section 734.7(c), including addressing application questions. These FAQs are available on the BIS website here.
On the same date, the Department of State published in the Federal Register a similar notification [Public Notice: 11434] about the vacatur of the preliminary injunction and informing the public that as a result of the vacatur, State's previously issued final rule of January 23, 2020, goes into full effect. Therefore, software and technical data related to 3-D printing of firearms or components transferred to the Export Administration Regulations (EAR), administered by the Department of Commerce now is exclusively controlled by the EAR.
The court order vacating the preliminary injunction [Washington v. U.S. Dep't of State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27, 2021)], took effect May 26, 2021.
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
06-01-21
06-08-21 06-09-21 06-15-21 06-16-21 06-22-21
BIS: Addition of Entities, Revision of Entries, and Removal of Entity from the Entity List; and Revision of Entry and Removal of Entity from the Military EndUser List (MEU) [Docket No. 210514-0106] (FR) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N)
BIS: Removal of Entity from the Entity List [Docket No. 210611-0126] (FR)
OFAC: Notice of OFAC Sanctions Actions (N) OFAC: Notice of OFAC Sanctions Actions (N)
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F.R. Date
Applicable orders
06-24-21
BIS: Addition of Certain Entities to the Entity List [Docket No. 210617-0134] (FR) STATE: Notice of Department of State Delisting Sanctioned Entities [Public Notice: 11446] (N)
OTHER COVERAGE
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; DEP'T OF DEFENSE= DOD; FEMA=FEDERAL EMERGENCY MGT. AGENCY; 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: In general, only meetings which occur after scheduled distri bution of this Update are listed.]
F.R. Date
Subject
06-01-21 06-02-21 06-04-21 06-07-21 06-08-21
06-09-21 06-10-21
06-14-21
06-15-21 06-16-21 06-23-21 06-28-21
OFAC: Burma Sanctions Regulations 31 CFR Part 525 (FR) ITA: District Export Council Nomination Opportunity (N)
FEMA: Meetings to Implement Pandemic Response Voluntary Agreement Under Section 708 of the Defense Production Act [Docket ID FEMA-2020-0016] (N) STATE: Notice of Public Meeting in Preparation for International Maritime Organization III 7 Meeting [Public Notice 11437] (N/H)
ITA: Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Application for Export Trade Certificate of Review [OMB Control No.: 06250125] [Form: ITA-4093P]
BIS: Export Administration Regulations: Termination of United Arab Emirates Participation in the Arab League Boycott of Israel [Docket No. 210528-0118] (FR) STATE: International Traffic in Arms Regulations: Notification of Temporary Suspensions, Modifications, and Exceptions to Regulations [Public Notice: 11443] (E) STATE: Advisory Committee on International Postal and Delivery Services Public Meeting [Public Notice: 11440] (N) [July 15, 2021 virtual meeting] FEMA: Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use; Additional Exemptions [Docket ID FEMA2020-0018] (N) STATE: Schedule of Fees for Consular Services Fee Change for Certain Border Crossing Cards [Public Notice: 11195] (FR) STATE: Schedule of Fees for Consular Services--Documentary Services Fee [Public Notice: 11442] (FR)
ITA: U.S. Department of Commerce Trade Finance Advisory Council - Notice of an Open Meeting. (N/H) [July 13, 2021] COMMERCE: Rescission of Identification of Prohibited Transactions With Respect to TikTok and WeChat [Docket Number: 210617-0132]
DoD: Notice of the Removal of the Designation as Communist Chinese Military Companies under the Strom Thurmond NDAA for FY99 (N) DoD: Notice of Designation of Chinese Military Companies under the William M. (Mac) Thornberry NDAA for FY21 (N)
TSA announces opportunity to become a Secured Packing Facility
On June 14, 2021, the Transportation Security Administration (SA), Department of Homeland Security published in the Federal Register a notice [Docket No.
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TSA-2020-0001] s announcing the opportunity for manufacturers, shippers, suppliers, warehouses, vendors, e-commerce fulfillment centers, and third-party logistics providers in the air cargo supply chain to become a Secured Packing Facility (SPF). SPFs must apply security controls to secure cargo that moves through the supply chain destined for outbound international locations onboard all-cargo aircraft subject to TSA regulatory oversight. As a prerequisite to becoming an SPF, interested persons must first become an Indirect Air Carrier (IAC) regulated by TSA and agree to adopt the TSA's SPF Order. If these requirements are met, cargo appropriately transferred to a TSA-regulated all-cargo aircraft operator by an SPF would not need to be screened in order to meet international requirements that take effect on June 30, 2021. The notice states that it is being published to ensure all interested persons are aware of the opportunity to become an SPF.
TSA will accept applications from IACs to become an SPF beginning at 12:01 a.m. (EDT) on June 14, 2021.
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
06-02-21 06-07-21
06-23-21
FTC: Energy Labeling Rule 16 CFR Part 305 (PR)
CPSC: Notice of Availability of Regulatory Flexibility Act Section 610 Review of the Safety Standards for the Testing and Labeling Regulations Pertaining to Product Certification of Children's Products, Including Reliance on Component Part Testing [Docket No. CPSC-2020-0019]
CPSC: Safety Standard for Infant Sleep Products [CPSC Docket No. 20170020] (FR)
CPSC: Standard for the Flammability of Mattresses and Mattress Pads; Amendment [Docket No. CPSC-2020-0024] (FR)
ATF and TTB announcements and Federal Register documents
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice (ATF) or the Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury (TTB) have posted the following information or regulatory actions of interest to international traders :
Date 06-10-21
Subject
ATF: Factoring Criteria for Firearms With Attached ``Stabilizing Braces'' [Docket No. ATF 2021R08; AG Order No. 50702021] (PR/RFC) [will apply to imports]
HHS, CDC and FDA Federal Register documents
The Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) and the US Food and Drug Administration (FDA) have posted the following Federal Register guides, notices or documents which may be of interest to international traders:
F.R. Date
Subject
FDA: Definitions of Suspect Product and Illegitimate Product for Verification Ob06-04-21 ligations Under the Drug Supply Chain Security Act; Draft Guidance for Industry;
Availability (N)
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F.R. Date
Subject
06-16-21
FDA: Drug Supply Chain Security Act Implementation: Identification of Suspect Product and Notification; Guidance for Industry; Availability [Docket No. FDA2014-D-0609] (N)
FDA: Enhanced Drug Distribution Security at the Package Level Under the Drug Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No. FDA-2020-D-2024] (N)
FDA: Product Identifiers Under the Drug Supply Chain Security Act: Questions and Answ ers; Guidance for Industry; Availability [Docket No. FDA-2018-D-3175] (N) CDC: Temporary Suspension of Dogs Entering the United States from HighRisk Rabies Countries (N)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]:
F.R. Date
Subject
06-02-21 06-04-21 06-14-21 06-15-21 06-16-21
06-25-21
06-28-21
APHIS: Notice of Decision To Add Taxa of Plants for Planting That Are Quarantine Pests or Hosts of Quarantine Pests to the Lists of Plants for Planting Whose Importation Is Not Authorized Pending Pest Risk Analysis [Docket No. APHIS 20180066] (N) US CODEX OFFICE: International Standard-Setting Activities [Docket No. USDA2021-XXXX] (N)
APHIS: Addition of Thailand to the List of Regions Considered Affected w ith African Horse Sickness [Docket No. APHIS-2020-0082] (N) AMS: United States Standards for Lentils [Doc. No. AMS-FGIS-20-0066] (N)
AMS: United States Standards for Split Peas [Doc. No. AMS-FGIS-20-0067] (N)
APHIS: Removal of Japan from the List of Regions Declared Free of Classical Sw ine Fever [Docket No. APHIS-2020-0044] (N) AMS: Mango Promotion, Research and Information Order; Removal of Frozen Mangos [Document No. AMS-SC-20-0086] (FR)
AMS: National Organic Program: Amendments to the National List of Allow ed and Prohibited Substances per April 2019 NOSB Recommendations (Livestock and Handling) [Doc. No. AMS-NOP-19-0053; NOP-19-02] (FR)
APHIS: Importation of Plants in Approved Grow ing Media into the United States; Availability of a Final Environmental Assessment and Finding of No Significant Impact [Docket No. APHIS-2018-0101] APHIS: Concurrence w ith OIE Risk Designation for Bovine Spongiform Encephalopathy [Docket No. APHIS-2021-0007] (N)
AMS: United States Standards for Beans [Doc. No. AMS-FGIS-20-0065] (N)
Labor updates list of goods produced by child labor or forced labor
On June 23, 2021, the Department of Labor published in the Federal Register a notice announcing public availability of an updated list of goods--along with countries of origin--that the Bureau of International Labor Affairs (ILAB) has reason to believe are produced by child labor or forced labor in violation of international standards (the List). ILAB is required to develop and make available to the public the List pursuant to the Trafficking Victims Protection Reauthorization Act (TVPRA of 2005), amended. ILAB published the initial List on September 10, 2009, and has since published nine updated editions. This 2021 update to the ninth edition contains one additional good (polysilicon) from one country (China). [Ed. note: 19 U.S.C. 1307 provides that goods produced in whole or in part in any
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foreign country by convict labor or/and forced labor or/and indentured labor (which includes forced or indentured child labor) under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is prohibited.]
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. Abbreviations: DEA=DRUG ENFORCEMENT ADMINISTRATION; EPA= ENVIRONMENTAL PROTECTION AGENCY; DOE=DEPARTMENT OF ENERGY; DOD= DEP'T OF DEFENSE; NHTSA= NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION:
F.R. Date
Subject
06-02-21 06-03-21
06-04-21
06-07-21
06-10-21 06-11-21 06-14-21 06-16-21 06-17-21 06-22-21 08-23-21
DEA: Schedules of Controlled Substances: Placement of Remimazolam in Schedule IV [Docket No. DEA-658] (FR) DoE: Energy Conservation Program: Energy Conservation Standards for Ceiling Fans [EERE2021BTSTD0011] (RFI/E)
DoE: Energy Conservation Program: Test Procedures for General Service Fluorescent Lamps, Incandescent Reflector Lamps, and General Service Incandescent Lamps [EERE2017BTTP0011] (PR?RFC) EPA: Difenoconazole; Pesticide Tolerances [EPAHQOPP20190626; EPAHQOPP 20200082; and EPAHQOPP20200345; FRL10022 28] (FR) DoE: Energy Conservation Standards for Consumer Products/Certain Commercial and Industrial Equipment; Early Assessment Review ; Ceiling Fan Light Kits [EERE-2019- BT-STD-0040] (RFI)
DoE: Energy Conservation Program: Energy Conservation Standards for Consumer Products; Early Assessment Review ; Dehumidifiers [EERE-2019-BTSTD-0043] (RFI) DEA: Designation of 3,4-MDP-2- P methyl glycidate (PMK glycidate), 3,4-MDP2-P methyl glycidic acid (PMK glycidic acid), and alpha-phenylacetoacetamide (APAA) as List I Chemicals; Correction [Docket No. DEA-542] (FR/C)
EPA: Cellulose, ethyl ether; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2021-0138; FRL-10023-34] (FR) DEA: Schedules of Controlled Substances: Placement of NM2201, 5F-AB-PINACA, 4- CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL- P7A ICA in Schedule I [Docket No. DEA-479] (FR)
DEA: Schedules of Controlled Substances: Placement of Oliceridine in Schedule II [Docket No. DEA-715] (FR) DoE: Energy Conservation Program: Energy Conservation Standards for Unfired Hot Water Storage Tanks [EERE-2017-BT-STD-0021] (N/RFI)
DoE: Energy Conservation Program: Test Procedures for Commercial Equipment; Early Assessment Review : Commercial Refrigerators, RefrigeratorFreezers, and Freezers [E (RFI)ERE2017BTTP0008] DEA: Schedules of Controlled Substances: Placement of N-Ethylpentylone in Schedule I [Docket No. DEA-482] (FR)
EPA: Electronic Option for Export Notifications Under the Toxic Substances Control Act (TSCA); Notice of Availability [EPA-HQ-OPPT-2021-0286; FRL10023-61] (N) EPA: Purpureocillium lilacinum strain PL11; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2016-0073; FRL-10023-91] (FR)
EPA: Tolfenpyrad; Pesticide Tolerances [EPA-HQ-OPP-2020-0067; FRL10024-51] (FR) DoE: Energy Conservation Program: Test Procedures for Certain Commercial and Industrial Equipment; Early Assessment Review : Walk-in Coolers and Freezers [EERE2017BTTP0010] (RFI)
DEA: Specific Listing for 4F-MDMB-BINACA, a Currently Controlled Schedule I Substance [Docket No. DEA-819] (FR) LABOR: Notice Of Update To The Department Of Labor's List Of Goods Produced By Child Labor Or Forced Labor (N)
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F.R. Date
Subject
08-25-21 06-26-21
DEA: Schedules of Controlled Substances: Placement of para-Methoxymethamphetamine (PMMA) in Schedule I [Docket No. DEA-509] (FR)
EPA: 1-Aminocyclopropane-1-Carboxylic Acid (1-ACC); Exemption From the Requirement of a Tolerance [Docket No. EPA-HQ-OPP-2019-0515, FRL10021-90] (FR)
ANTIDUMPING AND SUBSIDIES Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
SOUTH AMERICA
VENEZUELA
Value Added Tax, Custom Duties and Customs Service Tariff for Determination of the Customs Regime for several goods and economic sectors
In brief
The National Executive issued Decree No. 4,619 of 1 June 2021 ("Decree")1 which establishes the exemption of the payment for the Value Added Tax (VAT), Customs Duties and Customs Service Tariff for Determination of the Customs Regime to imports of various goods and merchandise of certain economic sectors.
The Decree entered into force on 1 June 2021, and repealed the Decree No. 4,604 of 1 May 2021, which established the exemption for the payment of the VAT, and established the application of a 2% aliquot or 0% ad valorem, by virtue of articles 8, 10, 11 and 12 of the Customs Tariff of imports of capital movable goods, information technology and telecommunications goods, their parts, pieces and accessories, not produced or insufficiently produced in Venezuela, of first use, identified as BK or BIT, among others2.
Unlike Decree No. 4,604, the Decree only establishes the exemption of the Customs Service Tariff for Determination of the Customs Regime for goods destined to prevent the expansion of the COVID-19 pandemic. Additionally, it includes in the exemption of the Custom Duties and VAT, to imports of corporal movable goods, new or used, carried out by organs and entities of the National Public Administration, classified in the tariff subheadings are 7307.11.00.00, 7307.19.20.00 and 7307.99.00.00. These tariff subheadings refer to pipe fittings.
In addition to the above, Resolution No. 011-2021 of 3 June 2021 issued by the Ministry of Economy, Finance and Foreign Trade (Resolution), included 36 tariff codes that are part of the Decree and whose goods are subject to a Contingency Tariff Regime.
Click here to access full alert
View Spanish version
Authors: Manuel Marin and Marie Roscelle Quintero
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ASIA-PACIFIC
[Please note that material pertaining to the Eurasian Economic Union (EAEU) and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the Kyrgyz Republic is shown under EUROPE.]
AUSTRALIA
ABF notices and advices
The following Australian Border Force (ABF Australian Customs Notices (ACN) and Cargo advices (ACCA) were issued during the period covered by this Update:
Date
Series and
Title
04-06-21 ACN 2021/22 Luxury car tax thresholds for 2021-22
Australian Gazettes
The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes and Federal Register of Legislation as noted(dd-mm-yy):
Date
Matter
01-06-21 02-06-21 09-06-21 10-06-21
15-06-21 16-06-21 21-06-21 23-06-21
25-06-21
Criminal Code (Terrorist Organisation--Jama'at Mujahideen Bangladesh) Regulations 2021 F2021L00672 as made Registered: 01/06/2021 Criminal Code (Terrorist Organisation--Neo-Jama'at Mujahideen Bangladesh) Regulations 2021 F2021L00669 as made Registered: 01/06/2021
Tariff Concessions Gazette No. TC 21/19, Wednesday, 2 June 2021
Tariff Concessions Gazette No. TC 21/20, Wednesday, 9 June 2021
Biosecurity (Consequential Amendments and Transitional Provisions) (Extension
of First Points of Entry Determinations) Instrument 2021 Export Control (Tariff Rate Quotas--Feed Grain Export to Indonesia) Rules
2021
Notice of Rates of Exchange - Section 161J Customs Act 1901 - 15/06/2021 Export Control (Tariff Rate Quotas--General) Rules 2021 F2021C00519 as amended Registered 15/06/21
Tariff Concession Gazette No. TC 21/21 Wednesday 16 June 2021 Australia New Zealand Food Standards Code Schedule 20 Maximum residue limits F2021C00533 as amended Registered: 21/06/2021
Tariff Concession Gazette No. TC 21/22 Wednesday 23 June 2021
Customs (Prohibited Imports) Regulations 1956 F2021C00545 SR 1956 No. 90 as amended Registered: 23/06/2021 Export Control (Tariff Rate Quotas--Sheepmeat and Goatmeat Export to the Eu-
ropean Union and United Kingdom) Rules 2021 F2021C00555 as amended Registered: 25/06/2021 Australia New Zealand Food Standards Code Schedule 3 Identity and purity F2021C00554 as amended Registered: 25/06/2021
Australian Tariff Precedents
The Department of Immigration and Border Protection (DIBP) has published a List of Current Precedents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues. New information and tariff classification guides can be found on Tariff Public Advice Products webpage
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Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
CHINA (INCLUDING HONG KONG SAR)
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy):
Date
Series and
06-11-21
MOFCOM/GA C Ann. 12, 2021
Subject
On Adjusting the Catalogue of Prohibited Commodities in Processing Trade
Hong Kong Trade and Industry Department (TID) notices
In addition to Hong Kong circulars, the TID carries PRC Trade Circulars (dd-mmyy)
Date
Matter
01-06-21 04-06-21 07-06-21
15-06-21
16-06-21 17-06-21
The Mainland of China : Public Consultation on "Administrative Rules of the
Customs of the People's Republic of China on the Filing of Declaration Units (Consultation Draft)" [374/2021]
The Mainland of China : Notice Concerning Adjusting the Catalogue of Import
and Export Commodities Subject to Compulsory Inspection [383/2021]
The Mainland of China : Notice of the National Medical Products Administration Concerning the Implementation of the "Administrative Measures on Labeling of Cosmetics" [386/2021] The Mainland of China : "Law of the People's Republic of China on the Hainan Free Trade Port" [397/2021]
Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
Agreement on Trade in Goods (The Agreement)
Request for Revisions to CEPA Rules of Origin (ROOs) (Arrangements for Mak-
ing Requests in 2021) [399/2021] The Mainland of China : "Notice on Adjustment of the Catalogue of Prohibited Products for Processing Trade" [404/2021]
The Mainland of China : Notice of the State Taxation Administration Concerning
Certain Issues Related to Optimizing and Integrating the Export Tax Rebate In-
formation System, and Providing Better Service to Taxpayers [407/2021]
INDIA
Material in this section and the India Antidumping Countervailing Duty and Safeguards Investigations section was prepared by Sonia Gupta of Ashok Dhingra Associates, Attorneys at Law, Gurgaon (Haryana), India
Other CBIC and DGFT notifications, circulars and instructions
Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instructions during the period covered by this Update:
Date 14-06-21
Series and 33/2021-Cus
Subject
CBIC TARIFF NOTIFICATIONS Rescinds notification reducing Integrated Goods and Services Tax (IGST) on Oxygen Concentrators imported for personal use
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Date
Series and
Subject
CBIC NON-TARIFF NOTIFICATIONS
15-06-21
52/2021-Cus (NT)
Notifies Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver
16-06-21
53/2021-Cus (NT) Corrigendum
Notifies Tariff Value of Edible Oils
CBIC INSTRUCTIONS
21-06-21
14/2021-Cus
Mandatory use of Central Revenues Control Laboratory (CRCL) module to electronically forw ard test memos for testing of samples to CRCL and other Revenue Laboratories w .e.f. 1 July, 2021
DGFT NOTIFICATIONS
01-06-21
07/2015-2020
Export Policy of Amphotericin-B injection revised from Free to Restricted w ith immediate effect Export Policy of Injection Remdesivir and Remdesivir Active
Pharmaceutical Ingredients (API) revised from Prohibited to
14-06-21 08/2015-2020 Restricted w ith immediate effect. Further export of
Remdesivir Injections/ API against Advance Authorisation
w ill not require separate authorisation/ permission DGFT PUBLIC NOTICES
14-06-21
6/2015-2020
Suspends pow ers of the Cashew Export Promotion Council of India to issue/ renew Registration-Cum- Membership Certificate (RCMC) and designates Agricultural and Processed Food Products Export Development Authority (APEDA) as
authorized agency to issue RCMC for Cashew Kernels,
Cashew nut Shell Liquid and Kardanol.
Amends Appendix - 4B to Handbook of Procedures of the
17-06-21
07/2015-2020
Foreign Trade Policy to include registered office address and branch address of M/s Diamond India Limited in list of
Nominated Agencies OTHERS
07-062021
Invites comments from Stakeholders on proposed Anti-Ab-
sorption Rules by 17 June, 2021[SG1] Stakeholder's consultation on simplification of Rules, Pro-
08-06-21 16-06-21 4/2/2018-DGTR
cesses and Procedures relating to Trade Remedy held on 10 June 2021[SG2] To streamline investigation process, revised checklist prescribed for submission of AD Duty and CV Duty applications
to the DGTR for initiation of investigation Stakeholder's consultation on simplification of Rules, Pro-
21-06-21
cesses and Procedures relating to Trade Remedy w ith law firms held on 23 June, 2021[SG3]
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
NEW ZEALAND
Update on goods entry exemption rules
As part of the goods clearance fee roll-out, New Zealand Customs has updated some of its rules around goods exempt from entry requirements, which will come into effect on 1 July 2021. These rules set out what documents (other than an entry) are required for certain goods to be exempt from import or export entry, or how goods may be deemed to be entered. These rules clarify existing Customs operational requirements and do not change current Customs processes.
The new rules, listed below, can be found on Customs' website:
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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 w ith information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law .
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Customs (Deemed Entry of Goods) Rules 2021. These Rules prescribe requirements for Simplified Import Declarations and Inward Cargo Report write-off requests to be made through Customs registered user system.
Customs (Cargo Report (Export)) Rules 2021 These Rules prescribe requirements for a Cargo Report (Export) to be made through Customs registered user system.
2021 Chief Executive Direction in relation to regulation 25(1)(i)
2021 Chief Executive Direction in relation to regulation 26(2)(b)(i)
2021 Chief Executive Direction in relation to regulation 29(1AAA)(b)
New Zealand Gazette
The following international trade related documents were published in the New Zealand Gazette (dd-mm-yy):
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation.
Cr edi ts:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
ThisUpdate contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update usesmaterial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
Date
Matter
03-06-21
09-06-21 14-06-21 18-06-21 25-06-21
Tariff Concession (Advertisement) Notice No. 2021/21 Tariff Concession Approvals, Withdraw als and Declines Notice No .2021/21 Notice of Start of Investigation into the Alleged Dumping of Certain Aluminiumzinc Coated Steel From Korea and Taiw an Tariff Concession Advertisment Notice 22 2021 Tariff Concession Approvals, Withdraw als and Declines Notice (No. 23) 2021 Tariff Concession Advertisment Notice 23 2021 Tariff Concession Advertisment Notice 24 2021 Excise and Excise-equivalent Duties Table (effective from 1 July 2021) Introduction to the Working Tariff Document Effective 1 July 2021
SINGAPORE
Commencement of Import Control Regime for Power-Assisted Bicycles (PABs) and Motorised Personal Mobility Devices (PMDs)
The Land Transport Authority (LTA) has notified traders and declaring agents that with effect from 28 June 2021, under the Small Motorised Vehicles (Safety) Act 2020 ("SMVA"), all importers of Power-Assisted Bicycles (PABs) and motorised Personal Mobility Devices (PMDs) will be required to obtain approval from the LTA before importing these devices into Singapore. This will apply to devices imported under Harmonised System (HS) codes 87116091 and 87116092. For details see the LTA notification.
T HAILAND
Duty surcharge rate reduced from 1 June to 30 September 2021
In the midst of the COVID-19 situation in Thailand, a new Ministerial Regulation (Ministerial Regulation (No. 2) B.E. 2564 (2021)) sets a temporary measure during the period of 1 June to 30 September 2021 to reduce the duty surcharge rate to 0.25% per month for all importers and exporters who voluntarily disclose their errors by themselves and pay additional duty to Thai Customs.
Under Customs Act, B.E. 2560 (2017), importers or exporters who fail to pay the full amount of the import duty are liable to also pay a duty surcharge at the rate of 1% of duty shortfall per month; however, the amount of duty surcharge shall not exceed the amount of duty shortfalls.
Generally speaking, the Ministerial Regulation issued in 2017 determines the criteria of the duty surcharge reduction. It grants the duty surcharge reduction rate
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from 0.25 to 0.75% depending on the period between the payment date and date that the goods are released from the customs custody, which is summarized in the diagram below.
Considering the criteria of the new Ministerial Regulation, this provisional measure gives more benefits to importers and exporters, provided that this duty surcharge reduction scheme does not limit the period between the payment date and the date that the goods are released from the customs custody, like the 2017 regulation. Thus, importers or exporters who imported or exported goods for more than 3 years are also entitled to enjoy this duty surcharge reduction.
Unless the Minister of the Ministry of Finance extends the eligible period, the criteria under the new Ministerial Regulation is merely a temporary measure. After 30 September 2021, importers and exporters will be subject to the duty surcharge reduction rate under the established Ministerial Regulation, B.E. 2560 (2017).
Please contact us for further information or assistance for voluntary disclosure during this period.
Contacts: Pornapa Luengwattanakit, Panya Sittisakonsin, Suriyong Tungsuwan, Keerati Saneewong Na Ayudthaya.
EUROPE, MIDDLE EAST AND NORTH AFRICA
European Union and EFTA
EU introduces sector-based economic sanctions on Belarus
Following coordinated designations of certain Belarusian individuals and entities earlier this week (see our previous post here), the EU has announced that further sector-based economic sanctions will come into force on 25 June 2021. The restrictions are implemented by Council Regulation (EU) 2021/1030 (the "Regulation"), which amends Regulation (EC) No 765/2006.
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The new sanctions target a broad range of technology and software, dual-use goods and technology, tobacco, petroleum and potash products, and financial services. The prohibitions apply regardless of the origins of the products or technologies, and apply directly and indirectly. Furthermore, parties may not circumvent the restrictions.
Like all EU sanctions, these measures apply to: (i) all EU-incorporated entities and their non-EU branches; (ii) nationals of EU Member States, wherever located; (iii) activities taking place within EU territory; and (iv) other persons in respect of business done in whole or in part within the EU.
While the EU co-ordinated the designations earlier this week with Canada, the UK and the US, no further sanctions have been announced by these other jurisdictions at this time.
Financial Services
Parties are prohibited from engaging in a variety of financial services and dealing with related financial instruments, including:
purchasing, selling, providing investment services for or assistance in the issu-
ance of, or otherw ise dealing w ith, transferable securities and money-market instruments w ith a maturity exceeding 90 days issued the Belarusian state and its government, Belarussian public bodies, corporations and agencies, and three Belarusian banks, as w ell as their majority-ow ned non-EU subsidiaries;
loans or credit w ith a maturity exceeding 90 days maturity to the same (subject to
an exception for the financing of legitimate EU trade); and
insurance or re-insurance to the Belarusian Government and related entities.
Telecoms monitoring equipment
The sanctions impose a licensing obligation on the sale, supply, transfer or export to or for use in Belarus of a wide variety of equipment, software and technology for telecoms interception and monitoring.
EU persons are also prohibited from providing technical assistance, brokering services, financing or financial assistance, or monitoring and interception services to any party for use in Belarus or that will benefit the Belarusian authorities.
Dual-use items
EU persons are prohibited from selling, supplying, transferring or exporting dualuse items to any person or entity in (or for use in) Belarus if the items may be wholly or partially intended for military use or a military end-user (including the Belarusian military). The sanctions also provide for such items to be prohibited for supply to named parties in Belarus, although no such parties have been listed at this time.
EU persons are also prohibited from providing technical assistance, brokering services, financing or financial assistance, in relation to dual-use items for such end-uses and end-users.
Tobacco-related items
EU persons may not sell, supply, transfer or export goods used in the production or manufacturing of tobacco products (including filters, papers, flavours and machinery) to or for use in Belarus.
Import restrictions on petroleum and potash
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The sanctions also impose prohibitions on the import into the EU of petroleum products originating in or exported from Belarus, the purchase of petroleum products originating in or located in Belarus, and the provision of transport for petroleum products originating in or being exported from Belarus. It is also prohibited to provide technical assistance, brokering services, financing and financial assistance in relation to such items.
Import, purchase and transfer restrictions have also been imposed on potassium chloride (potash) sourced from Belarus.
Authors: Andrew Rose and Ben Smith.
EU and UK coordinate on further sanctions targeting Belarus alongside US and Canada
On 21 June 2021, the EU and UK announced coordinated sanctions against specified Belarusian individuals and entities. This follows the forced landing of a commercial aircraft in Belarus and subsequent detention of a Belarusian journalist, and suggests that the UK is continuing to align its sanctions regime with key allies following Brexit. The sanctions were further coordinated with the US and Canada.
The designated parties will be subject to asset freezes, whilst individuals will be subject to travel bans stopping them entering or transiting the EU and UK. Individuals and entities in these jurisdictions will also be prohibited from making funds or economic resources available to the designated parties or parties owned or controlled by them.
The additional designated parties target individuals and companies with close ties to President Lukashenko, his family and the Belarusian Government. This brings the total number of designated parties to 181 in the EU (166 individuals and 15 entities), and 108 in the UK (99 individuals and 9 entities).
Whilst sectoral sanctions have not yet been introduced, the EU is reportedly considering their introduction at a scheduled summit on 24 June 2021. These may be broad-based, and target Belarus' exports in tobacco, oil and oil-related products, and potash. This is in addition to measures reportedly agreed by the EU to target Belarus' financial system, which could include bans in trading Belarusian bonds and securities, and providing financial services to parties in Belarus.
Author: Sunny Mann.
UK and EU announce further Myanmar sanctions
On 21 June 2021, the UK and EU both announced further sanctions targeting individuals and entities linked to Myanmar's military regime.
The EU announced that it was imposing sanctions against an additional 8 individuals, 3 economic entities (Myanmar Gems Enterprise; Myanmar Timber Enterprise ("MTE"); and Forest Products Joint Venture Corporation Limited) and the War Veterans Organisation. All designated persons are subject to asset freezes, with individuals subject to travel bans. EU persons are prohibited from making funds or economic resources available to the listed parties, or parties they own or control. There are now 43 individuals and 6 entities targeted under the EU regime which can be found here and here.
Similarly, the UK announced further sanctions targeting Myanmar's State Administration Council ("SAC") as well as MTE and Myanmar Pearl Enterprise. A consolidated list of financial sanctions targets can be found here. The UK also announced that it will maintain its suspension on trade promotion, and that it will
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strengthen its Overseas Business Risk guidance. This will reiterate that UK companies must undertake enhanced supply chain due diligence when conducting business in Myanmar, and should not enter into trading relationships that benefit the Myanmar military.
In the guidance, published on 21 June along with the new designations, the UK has drawn out issues that cut across the sanctions, the underlying situation in Myanmar and a number of compliance issues that are highly relevant for businesses such as:
Draw ing a link betw een human rights abuses and w orkforce concerns, in particu-
lar emphasising that suppliers and partners of UK business are respecting their employees' individual rights.
Draw ing a link to anti-bribery and corruption risk, in particular noting that the ade-
quate procedures defence to the failure to prevent bribery offence (under the UK Bribery Act) requires "strong, up-to-date and effective anti-bribery policies and systems in place to prevent bribery by persons associated with them".
Emphasising that "Businesses are ultimately responsible for conducting due dili-
gence regarding their engagement and operations within Myanmar and should seek legal advice" but also noting that businesses are expected to follow best practice and that in some cases this means conducting enhanced supply chain due diligence to ensure that they are not supporting the military or its associated entities.
Please see our previous blog posts about EU and UK Myanmar sanctions here and here.
Author: Sunny. Mann.
Recast EU Dual-Use Regulation to come into force on 9 September 2021 our summary and how to receive full analysis
On 11 June 2021, the Recast Dual-Use Regulation was published in the Official Journal of the European Union as Regulation 2021/821 (the "Regulation"). The Regulation, which comes into force on 9 September 2021, will replace the current Dual-Use Regulation introduced in 2009.
Key changes include:
Tw o new general export authorisations: The Regulation introduces a general
export authorisation for intra-group transfers of dual use softw are and technology to specified countries for product development purposes, that is available w here the parent company is resident in an EU Member State or an EU GEA 001 destination country, and is subject to conditions including the parent company providing a guarantee for the subsidiary's compliance w ith the authorisation. A further export authorisation is introduced for certain encryption items, and permits exports to countries other than those on a negative list.
New requirements for internal com pliance policies and due diligence : Whilst
some Member States already require exporters to implement an Internal Compliance Programme for export controls in order to obtain global export authorisations, this is now an EU-w ide requirement (w ith limited exceptions).
Technical assistance : The Regulation introduces new controls covering situa-
tions w here a company provides technical assistance relating to dual-use items. Previously, export controls w ould not apply to the provision of technical assistance other than w here controlled technology (or controlled goods or softw are) w ere exported as part of the assistance.
Cyber-surveillance: The Regulation introduces a new end-use control on cyber-
surveillance equipment, w here the exporter is aw are or has been informed that the exported items are or may be intended for use in connection w ith internal re-
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pression or the commission of serious violations of human rights and international humanitarian law . This applies to items (w hether or not listed) that are specially designed to enable the covert surveillance of natural persons by monitoring, extracting, collecting or analysing data from information and telecommunication systems.
Relationship w ith national control lists : To address public security concerns
and facilitate cooperation betw een member states to prevent circumvention of national controls, exporters may be required to seek authorisation w here items are placed on national control lists in another Member State.
License duration and record-keeping: Global and individual authorisations w ill
now only be valid for a maximum of tw o years. Further, records must be kept for five years (as opposed to the current three year period) follow ing the end of the calendar year in w hich a transfer took place.
Following Brexit, the Regulation will not automatically apply in Great Britain, where the retained Dual-Use Regulation (Regulation 428/2009) based on the pre-Brexit controls will continue to apply as the basis for the export control regime (although the UK separately issued new guidance on export of dual-use technologies earlier this year, see our previous post here). However, there remains some residual uncertainty as to how the UK Government will administer the revised rules in practice under the new Regulation for exports out of Northern Ireland given the terms of the Brexit agreement.
For more detail on the Regulation, please contact Alex Phillips to be added to our mailing list and receive our full client alert and analysis.
Authors: Sunny Mann, Andrew Rose and Ross Evans
EU and US reach understanding on Large Civil Aircraft dispute
On 15 June 2021, the European Commission announced that European Commission Executive Vice-President Valdis Dombrovskis and US Trade Representative Katherine Tai reached an understanding relating to large civil aircraft, transforming almost 17 years of disputes into a forward-looking, collaborative platform to address bilateral issues as well as global challenges.
Both sides w ill now seek to overcome long-standing differences in order to avoid future litigation and preserve a level playing field betw een our aircraft manufacturers and w ill also w ork to prevent new differences from arising.
The EU and the US also agreed to suspend application of harmful tariffs w orth of USD 11.5 billion for a period of five years that hurt companies and people on both sides of the Atlantic.
The tw o sides w ill collaborate on jointly analysing and addressing non-market practices of third parties that may harm our large civil aircraft sectors.
Under the Understanding on a cooperative framework for Large Civil Aircraft, the two sides expressed their intention to:
establish a Working Group on Large Civil Aircraft led by each side's respective
Minister responsible for Trade,
provide financing to large civil aircraft producers on market terms,
provide R&D funding through an open and transparent process and make the re-
sults of fully government funded R&D w idely available, to the extent permitted by law ,
not to provide R&D funding as w ell as specific support (such as specific tax
breaks) to their ow n producers that w ould harm the other side,
collaborate on addressing non-market practices of third parties that may harm
their respective large civil aircraft industries,
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continue to suspend application of their countermeasures, for a period of 5 years,
avoiding billions of euros in duties for importers on both sides of the Atlantic
See White House announcement in the US section, above.
New e-commerce VAT rules take effect on 1 July
The EU Taxation and Customs Union announced that new VAT rules on crossborder business-to-consumer (B2C) e-commerce transactions will enter into effect on 1 July. The following is from the announcement:
Everyone in the e-commerce supply chain is affected, from online sellers and marketplaces/platforms both inside and outside the EU, to postal operators and couriers, customs and tax administrations, right through to consumers.
Online sellers, including online marketplaces/platforms can register in one EU Member State and this w ill be valid for the declaration and payment of VAT on all distance sales of goods and cross-border supplies of services to customers w ithin the EU.
They w ill benefit from a reduction in red tape of up to 95% by registering w ith the new One Stop Shop (OSS).
The existing thresholds for distance sales of goods w ithin the EU w ill be abolished and replaced by a new EU-w ide threshold of EUR 10 000. Below this EUR 10 000 threshold, the supplies of TBE (telecommunications, broadcasting and electronic) services and distance sales of goods w ithin the EU may remain subject to VAT in the Member State w here the taxable person is established.
Special provisions are introduced w hereby online marketplaces/platforms facilitating supplies of goods are deemed for VAT purposes to have received and supplied the goods themselves ("deemed supplier").
In addition, new record keeping requirements are introduced for online marketplaces/platforms facilitating supplies of goods and services, including w here such online marketplaces/platform are not a deemed supplier.
The VAT exemption at importation of small consignments of a value up to EUR 22 w ill be removed. This means all goods imported in the EU w ill now be subject to VAT.
But help is at hand! A new special scheme for distance sales of low goods imported from third territories or third countries w ill be created. The Import One Stop Shop (IOSS) has been created to simplify the declaration and payment of VAT.
Finally, simplification measures for distance sales of imported goods in consignments not exceeding EUR 150 w ill be introduced, in case the IOSS is not used (special arrangements).
Which are the transactions covered by the new changes?
Distance sales of goods w ithin the EU carried out by s uppliers or deemed suppliers;
Domestic sales of goods by deemed suppliers;
Supplies of services by EU and non-EU sellers to consumers in the EU;
Distance sales of goods imported from third territories or third countries carried out by suppliers and deemed suppliers, except for goods subject to excise duties.
See the announcement for links to detailed provisions.
Between a rock and a hard place: EU Advocate-General Opinion signals strict interpretation of the EU Blocking Regulation
On 12 May, Advocate General ("A-G") Hogan issued an Opinion in a case before the Court of Justice of the European Union ("CJEU") concerning the application of the EU Blocking Statute (Regulation (EC) No 2271/96). While the Opinion is not binding on the CJEU, it signals that the EU and Member State courts are likely to take a strict approach in their interpretation of the Bloc king Regulation,
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and highlights the complexities that face European businesses impacted by US sanctions against Iran and/or Cuba.
The Blocking Statute prohibits EU businesses from complying with certain extraterritorial US sanctions targeting Iran and Cuba. It also gives EU parties a right of action where they suffer loss resulting from the blocked US sanctions. This direct conflict between the EU and US position often places businesses in a difficult position of ensuring compliance with EU law, whilst also seeking to minimise their risk under US extraterritorial sanctions.
In the case in question (C-124/20 Bank Melli Iran, Aktiengesellschaft nach iranischem Recht v Telekom Deutschland GmbH)a German telecommunications provider terminated its contract with a German branch of an Iranian bank shortly after the US tightened its sanctions against Iran in 2018. The bank was at the time listed on the US Specially Designated Nationals and Blocked Persons ("SDN") List. The bank claimed that termination was motivated solely by the telecommunications provider's desire to comply with US sanctions that created potential secondary sanctions risks for non-US businesses from trading with Iranian SDNs.
In the Opinion, the A-G sets out the following positions:
the Blocking Statute places a burden of proof on the terminating party to demon-
strate that the decision to terminate is not motivated by US sanctions;
national courts must order the continued performance of a contract that has been
unlaw fully terminated due to the application of US sanctions; and
the Blocking Statute prohibits any activity by an EU business intended to comply
w ith the blocked US sanctions, even if no US court or agency has attempted to compel the EU business to comply.
The A-G, also refers to the Blocking Statute as "a very blunt instrument" that "gives rise to a series of hitherto unresolved legal issues and a variety of intensely practical problems", and suggests that the EU institutions may wish to review the legislation. This is a rare form of judicial criticism, and could contribute to an impetus for reform of the Blocking Statute (including opportunities for business to contribute their experiences as part of the conversation around reform). The Opinion is not binding. However, A-G Opinions are highly persuasive and the CJEU follows them more often than not, so it is possible the CJEU may take a similarly robust stance when it hands down its judgment in due course. Businesses affected by the Blocking Statute would be advised to keep an eye out for the judgment, which may have a significant impact upon how businesses balance the risks under US sanctions with their obligations under EU law.
Authors: Sunny Mann and Andrew Rose..
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.
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Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export.
Since 1 October 2019 all BTI correspondence between the economic operator and the customs authority is happening through the Trader Portal. This includes among others applications by economic operators for BTI decisions, requests by the customs authority for further information on the product being classified and the economic operators' replies to those questions. A list of customs authorities designated by Member States for the purposes of receiving applications, or taking decisions relating to binding tariff information may be found here.
Depending on the Member State an economic operator has to access either the EU Customs trader portal or the national trader portal. You can search and consult existing BTIs on the EBTI-database.
Official Journal documents
The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union:
OJ Date
Subject
01-06-21 02-06-21
04-06-21
Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975) According to UN Depositary Notification C.N.85.2021.TREATIES-XI.A.16 the following amendments to the TIR Convention enter into force on 1 June 2021 for all Contracting Parties
Commission Delegated Regulation (EU) 2021/880 of 5 March 2021 amending Delegated Regulation (EU) 2020/686 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council as regards the traceability, animal health and certification requirements for movements w ithin the Union of germinal products of certain kept terrestrial animals (Text w ith EEA relevance) Commission Delegated Directive (EU) 2021/884 of 8 March 2021 amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards the validity period of an exemption for the use of mercury in electric rotating connectors used in intravascular ultrasound imaging systems (Text w ith EEA relevance)
Commission Regulation (EU) 2021/899 of 3 June 2021 amending Regulation (EU) No 142/2011 as regards transitional measures for the export of meat-andbone meal as a fuel for combustion
Commission Implementing Regulation (EU) 2021/900 of 3 June 2021 authorising a change of the conditions of use of the novel food `galacto-oligosaccharide' under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementin g Regulation (EU) 2017/2470 Commission Implementing Regulation (EU) 2021/901 of 3 June 2021 correcting the Sw edish language version of Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament of the Council, as regards protective measures against pests of plants
Commission Implementing Regulation (EU) 2021/902 of 3 June 2021 amending Implementing Regulation (EU) 2021/605 laying dow n special control measures for African sw ine fever Commission Directive (EU) 2021/903 of 3 June 2021 amending Directive 2009/48/EC of the European Parliament and of the Council as regards specific limit values for aniline in certain toys
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OJ Date
Subject
07-06-21
09-06-21
10-06-21 11-06-21 14-06-21 15-06-21
16-06-21 17-06-21
Council Recommendation (EU) 2021/892 of 3 June 2021 amending Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Decision No 1/2021 of the EU-Colombia- Peru- Ecuador Trade Committee of 17 May 2021 amending Appendix 1 of Annex XII (Government Procurement) to the Trade Agreement betw een the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (2021/894)
Commission Implementing Decision (EU) 2021/913 of 3 June 2021 on the harmonised standards for household dishw ashers drafted in support of Regulation (EU) 2019/2022 and Delegated Regulation (EU) 2019/2017 Commission Implementing Decision (EU) 2021/906 of 3 June 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2021) 4096) Commission notice -- Commission guidelines on single-use plastic products in accordance w ith Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment [2021/C 216/01]
Council Decision (EU) 2021/924 of 3 June 2021 on the position to be adopted on behalf of the European Union w ithin the International Cocoa Council as regards the extension of the International Cocoa Agreement 2010 Council Decision (EU) 2021/925 of 7 June 2021 on the position to be taken on behalf of the European Union in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 13, 13-H, 24, 30, 41, 49, 79, 83, 95, 101, 124, 129, 134, 137 and 157, and the proposals for modifications to Global Technical Regulations Nos 4 and 9
Commission Implementing Regulation (EU) 2021/934 of 9 June 2021 laying dow n special control measures for classical sw ine fever Commission Implementing Decision (EU) 2021/936 of 3 June 2021 on the harmonised standards for household w ashing machines and household w asher dryers drafted in support of Regulation (EU) 2019/2023 and Delegated Regulation (EU) 2019/2014
Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018)
Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) Commission Implementing Regulation (EU) 2021/952 of 11 June 2021 amending Implementing Regulation (EU) 2021/605 laying dow n special control measures for African sw ine fever
Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framew ork for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic - Statement by the Commission Regulation (EU) 2021/954 of the European Parliament and of the Council of 14 June 2021 on a framew ork for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) w ith regard to third-country nationals legally staying or residing in the territories of Member States during the COVID-19 pandemic - Statement by the Commission Commission Implementing Regulation (EU) 2021/963 of 10 June 2021 laying dow n rules for the application of Regulations (EU) 2016/429, (EU) 2016/1012 and (EU) 2019/6 of the European Parliament and of the Council w ith regard to the identification and registration of equine animals and establishing model identification documents for those animals
Commission Implementing Regulation (EU) 2021/966 of 11 June 2021 granting Cabo Verde a temporary derogation from the rules on preferential origin laid
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OJ Date
Subject
18-06-21 21-06-21
dow n in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved tuna fillets, prepared or preserved mackerel fillets and prepared or preserved frigate tuna or frigate mackerel fillets
Commission Implementing Directive (EU) 2021/971 of 16 June 2021 amending Annex I to Council Directive 66/401/EEC on the marketing of fodder plant seed, Annex I to Council Directive 66/402/EEC on the marketing of cereal seed, Annex I to Council Directive 2002/54/EC on the marketing of beet seed, Annex I to Council Directive 2002/55/EC on the marketing of vegetable seed and Annex I to Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants, as regards the use of biochemical and molecular techniques
Council Decision (EU) 2021/972 of 14 June 2021 on the position to be taken on behalf of the European Union w ithin the General Council of the World Trade Organization on the European Union request for an extension of the WTO w aiver permitting autonomous trade preferences to the Western Balkans Corrigendum to Commission Regulation (EU) 2021/850 of 26 May 2021 amending and correcting Annex II and amending Annexes III, IV and VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products ( OJ L 188, 28.5.2021 ) Corrigendum to Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting that Regulation ( OJ L 44, 18.2.2020 )
Commission Implementing Decision (EU) 2021/973 of 1 June 2021 confirming or amending the provisional calculation of the average specific emissions of CO2 and the specific emissions targets for manufacturers of passenger cars and light commercial vehicles for the calendar year 2019 and, for the passenger car manufacturer Dr Ing. h.c. F. Porsche AG and the Volksw agen pool, for the calendar years 2014 to 2018 pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council (notified under document C(2021) 3682)
Commission Regulation (EU) 2021/979 of 17 June 2021 amending Annexes VII to XI to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Council Decision (EU) 2021/964 of 26 May 2021 on the conclusion of the Voluntary Partnership Agreement betw een the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
Voluntary Partnership Agreement betw een the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
Commission Implementing Decision (EU) 2021/989 of 17 June 2021 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2021) 4257)
Commission Implementing Regulation (EU) 2021/994 of 18 June 2021 amending Annex I to Implementing Regulation (EU) 2021/605 laying dow n special control measures for African sw ine fever Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters betw een the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff -rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's w ithdraw al from the European Union
Agreement in the form of an exchange of letters betw een the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the united Kingdom's w ithdraw al from the European Union
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OJ Date
Subject
22-06-21 24-06-21 25-06-21
Council Recommendation (EU) 2021/992 of 18 June 2021 amending Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction UN Regulation No 160 Uniform provisions concerning the approval of motor vehicles w ith regard to the Event Data Recorder
Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021 amending Regulation (EU) 2018/848 of the European Parliament and of the Council as regards the model of the certificate attesting compliance w ith the rules on organic production Commission Implementing Regulation (EU) 2021/1008 of 21 June 2021 amending Annex I to Implementing Regulation (EU) 2021/620 as regards the diseasefree status of Croatia and a region of Portugal from infection w ith Brucella abortus, B. melitensis and B. suis in bovine animal populations, amending Annex VIII thereto as regards the disease-free status of Lithuania and certain regions of Germany, Italy and Portugal from infection w ith bluetongue virus (serotypes 124) and amending Annex XIII thereto as regards the disease-free status of Denmark and Finland from infectious haematopoietic necrosis
Commission Implementing Decision (EU) 2021/1015 of 17 June 2021 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for refrigerating, ice-cream and ice makers appliances, laboratory equipment for the heating of materials, automatic and semi-automatic laboratory equipment for analysis and other purposes, electrical equipment w ith ratings related to electrical supply, appliances for skin exposure to ultraviolet and infrared radiation, room heaters, electric irons, stationary cooking ranges, hobs, ovens and similar appliances, fabric steamers, electromechanical control circuit devices, blankets, pads, clothing and similar flexible heating appliances and certain other electrical equipment designed for use w ithin certain voltage limits
Council Decision (CFSP) 2021/1026 of 21 June 2021 in support of the Cyber Security and Resilience and Information Assurance Programme of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framew ork of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Amendments to the Agreement betw een the EFTA States on the establishment of a Surveillance Authority and a Court of Justice [2021/C 245/13] Commission Delegated Regulation (EU) 2021/1040 of 16 April 2021 amending Delegated Regulation (EU) 2016/128 as regards the requirements on pesticides in food for special medical purposes developed to satisfy the nutritional requirements of infants and young children (Text w ith EEA relevance)
Commission Delegated Regulation (EU) 2021/1041 of 16 April 2021 amending Delegated Regulation (EU) 2016/127 as regards the requirements on pesticides in infant formula and follow -on formula (Text w ith EEA relevance) Commission Delegated Directive (EU) 2021/1047 of 5 March 2021 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the updating of the list of defence-related products in line w ith the updated Common Military List of the European Union of 17 February 2020 (Text w ith EEA relevance) Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products
Decision (EU) 2021/1032 of the European Parliament of 27 April 2021 extending, by an additional period, the term of office of the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to the protection of animals during transport w ithin and outside the Union Decision No 1/2020 of the Joint Committee established by the Agreement betw een the European Union and the Sw iss Confederation on the linking of their greenhouse gas emissions trading systems of 5 November 2020 on the adoption of Common Operational Procedures (COP) [2021/1033]
Decision No 2/2020 of the Joint Committee established by the Agreement betw een the European Union and the Sw iss Confederation on the linking of their greenhouse gas emissions trading systems of 5 November 2020 on amending
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OJ Date
Subject
Annexes I and II to the Agreement and the adoption of Linking Technical Standards (LTS) (2021/1034)
Commission Implementing Decision (EU) 2021/1035 of 23 June 2021 amending Implementing Decisions 2013/648/EU and 2013/650/EU as regards the authorisation holder and its representative in the Union for the placing on the market of products containing, consisting of, or produced from certain genetically modified maize (notified under document C(2021) 4317)
Decision of the EEA Joint Committee No 130/2021 of 15 March 2021 amending Protocol 10 to the EEA Agreement, on simplification of inspections and formalities in respect of carriage of goods [2021/1039] Notice on the application of the trade defence legislation and measures of the European Union in Northern Ireland from 1 January 2021 [2021/C 248/03]
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 May 2021 to 31 May 2021(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2021/C 249/01]
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established, amended or corrected:
OJ Date
Restrictive Measure
04-06-21 21-06-21 22-06-21
Council Regulation (EU) 2021/907 of 4 June 2021 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus Council Decision (CFSP) 2021/908 of 4 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
Council Regulation (EU) 2021/996 of 21 June 2021 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus Council Implementing Regulation (EU) 2021/997 of 21 June 2021 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
Council Implementing Regulation (EU) 2021/998 of 21 June 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma Council Implementing Regulation (EU) 2021/999 of 21 June 2021 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus
Council Decision (CFSP) 2021/1000 of 21 June 2021 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma
Council Decision (CFSP) 2021/1001 of 21 June 2021 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus Council Implementing Decision (CFSP) 2021/1002 of 21 June 2021 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
Council Regulation (EU) 2021/1005 of 21 June 2021 amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya Council Decision (CFSP) 2021/1010 of 21 June 2021 amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol
Council Decision (CFSP) 2021/1014 of 21 June 2021 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya Commission Implementing Regulation (EU) 2021/1016 of 21 June 2021 amending for the 321st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated w ith the ISIL (Da'esh) and Al-Qaeda organisations
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OJ Date
Restrictive Measure
24-06-21
Council Decision (CFSP) 2021/1025 of 21 June 2021 amending Decision (CFSP) 2017/809 in support of the implementation of United Nations Security Council Resolution 1540 (2004) on the non-proliferation of w eapons of mass destruction and their means of delivery Council Regulation (EU) 2021/1030 of 24 June 2021 amending Regulation (EC) No 765/2006 concerning restrictive measures in respec t of Belarus
Council Decision (CFSP) 2021/1031 of 24 June 2021 amending Council Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
INDIVIDUAL COUNTRIES EFTA COUNTRIES
Swiss and Russian Customs Services sign MoU
On 9 June 2021, the Swiss Government announced that the Federal Customs Administration (FCA) and the Federal Customs Service of the Russian Federation (FCS) signed a memorandum of understanding (MoU) on customs cooperation in Moscow on 9 June 2021.
The main objective of the MoU is to promote technical cooperation and the exchange of best practices in various areas. The MoU also provides an opportunity to optimise processes in the cross-border movement of goods with Russia. It will be implemented through bilateral meetings and seminars at expert level both in Switzerland and in Russia.
Swiss take part in Operation PANGEA XIV: campaign against counterfeit and illegally imported medicinal products
On 8 June 2021, the Swiss Agency for Therapeutic Products issued a press release announcing the results of Operation PANGEA XIV. The release said in part:
Authorities worldwide have been checking for criminal online sales of medicines in a coordinated operation: The week from 18 to 25 May saw a coordinated worldwide campaign against the illegal online trade in medicines. For years, this market has been dominated by erectile stimulants. Some 90% of the shipments confiscated by the Federal Customs Administration (FCA) and Swissmedic contained such products. Also seized were a number of other illegally imported prescription-only medicines that pose serious health risks.
Switzerland has for many years been participating in the PANGEA international week of action, which is coordinated by Interpol. This year, 55 countries took part actively. The aim of this operation, now conducted for the 14th time, was once again to combat illegal internet-based sales of medicinal products. In total, the international authorities scrutinised almost 120,000 websites and closed down 113,000 of them. Worldwide, some 9 million units of illegal and counterfeit medicinal products were seized.
In Switzerland, Swissmedic, the FCA and Antidoping Switzerland inspected 695 shipments at the Zurich-Mlligen postal sorting office. Half of them (346) were confiscated, as they contained illegal medicinal or doping products. Consignments from Ukraine, which often contained forgeries of the erectile
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stimulants Viagra and Cialis loomed large among them. Confiscated narcotics were reported to the cantonal authorities so that they could institute criminal proceedings.
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
01-06-21
02-06-21 06-06-21 11-06-21 25-06-21 24-06-21
ICELAND 41/2021 (28-05-21) Law on amendments to the Aviation Act, no. 60/1998,
w ith subsequent amendments (obligations of carriers due to COVID-19) 641/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards the energy
labeling of electronic screens and repealing the delegated Commission Regula-
tion (EU) no. 1062/2010. 642/2021 (17-05-21) Regulation on amendments to Regulation (EU) 2017/1369 of the European Parliament and of the Council as regards the energy
labeling of household w ashing machines and w ashing machines w ith household
dryers and repealing the delegated Commission Regulation (EU) no. 1061/2010
and Commission Directive 96/60 / EC 643/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
beling of light sources and repealing Commission Delegated Regulation (EU)
No. 874/2012 644/2021 (17-05-21)Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
beling of refrigeration appliances and repealing the delegated Commission Reg-
ulation (EU) no. 1060/2010. 645/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy labeling of household dishw ashers and repealing the delegated Commission Reg-
ulation (EU) no. 1059/2010 646/2021 (17-05-21) Regulation von amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
beling of refrigeration appliances used in direct sales. 650/2021 (01-06-21) Regulation on the obligation of air carriers to inspect
COVID-19 certificates in international flights. 51/2021 (21-05-21) Law on the Schengen Information System in Iceland 677/2021 (25-05-21) Regulation on the treatment of plant protection prod-
ucts and pesticides 689/2021 (26-05-21) Regulation on (1st) amendment to Regulation no.
167/2014 on the entry into force of Commission Regulation (EU) no. 284/2011
on special conditions and detailed procedures for the importation of kitchen
utensils made of polyamide and melamine plastics originating in or dispatched
from the People's Republic of China and Hong Kong 692/2021 (11-06-21) Regulation on quarantine and isolation and sampling at
the Icelandic border due to COVID-19 747/2021 (24-06-21) Regulation on quarantine and isolation and sampling at the Icelandic border due to COVID19.
LIECHTENSTEIN LGBI 2021.195 Exchange of notes betw een the Principality of Liechtenstein
and the European Union regarding the adoption of the implementing decisions of the Commission of 19 and 20 May 2021 in connection w ith ETIAS (further development of the Schengen acquis) (LR 0.362.380.127)
NORWAY
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Date*
Measure
01-06-21
11-06-21 12-06-21 15-06-21 16-06-21 17-06-21
18-06-21
21-06-21 22-06-21 23-06-21 24-06-21 25-06-21
Regulations amending the regulations on quota obligations and trade in quotas for greenhouse gas emissions (the climate quota regulations) FOR-2021-05-28-1713 Ministry of Climate and Environment
Regulations amending the Regulations on measures against money laundering and terrorist financing (the Money Laundering Regulations) and the Regulations on payment service systems (implementation of Directive (EU) 2018/843 (Fifth Money Laundering Directive) and certain other amendments) FOR-2021-05-311715 Ministry of Finance Delegation of the King's authority pursuant to Temporary Act of 19 June 2020 no. 83 on entry restrictions for foreigners for reasons of public health 2 fourth paragraph second sentence to the Department of Justice and Emergency Preparedness. FOR-2021-06-11-1858 Ministry of Health and Care Services Regulations amending regulations on entry restrictions for foreigners for reasons of public health FOR-2021-06-12-1895 Ministry of Justice and Emergency Preparedness
Regulations amending the regulations on restrictions on the use of chemicals that are hazardous to health and the environment and other products (the product regulations) FOR-2021-06-02-1924 Ministry of Climate and Environment Regulations on amendments to regulations on requirements for CO2 emissions, etc. for manufacturers of cars and vans FOR-2021-06-11-1927 Ministry of Transport
Regulations amending regulations to the Customs and Goods Movement Act (the Customs Regulations) FOR-2021-06-15-1932 Ministry of Finance Regulations amending the Regulations to the Customs and Trade Act (the Customs Regulations) FOR-2021-06-14-1938 Ministry of Finance
Regulations amending the regulations on customs and the movement of goods (the customs regulations) FOR-2021-06-10-1948 Ministry of Finance Regulations amending temporary regulations on exemptions from the provisions of the Ecology Regulations on control of the production of organic products due to the corona outbreak (covid-19), Regulation (EU) 2020/977 FOR-2021-06-15-1950 Ministry of Agriculture and Food
Regulations repealing regulations on transitional rules on registration by a representative in the VAT register on the United Kingdom's w ithdraw al from the European Union FOR-2021-06-18-1969 Ministry of Finance Shared entry into force of Act no. 67 of 12 June 2020 on amendments to the Trademarks Act and the Customs Act, etc. (implementation of a new trademark directive, etc.) w ith transitional provisions FOR-2021-06-18-1975 Ministry of Justice and Emergency Preparedness Regulations amending regulations on entry restrictions for foreigners for reasons of public health FOR-2021-06-18-2001 Ministry of Justice and Emergency Preparedness
Regulations repealing regulations 22 June 2012 no. 573 on the export credit scheme and amendments to the Public Administration Regulations and the Public Regulations FOR-2021-06-18-2010 Ministry of Trade and Industry Regulations on amendments to regulations on foreigners' access to the realm and their stay here (Immigration Regulations) FOR-2021-06-18-2022 Ministry of Justice and Emergency Preparedness
Decision on amendment of the Storting's decision on customs FOR-2021-06-18-2051 Ministry of Finance Shared entry into force of Act no. 5 of 10 February 2017 on amendments to the Tobacco Damage Act (implementation of Directive 2014/40 / EU and standardized tobacco packaging) FOR-2021-06-23-2065 Ministry of Health and Care Services
Regulations repealing Regulations of 13 October 1989 No. 1044 on the prohibition of new tobacco and nicotine products FOR-2021-06-23-2069 Ministry of Health and Care Services
Regulations on amendments to regulations on foreigners' access to the realm and their stay here (Immigration Regulations) FOR-2021-06-22-2123 Ministry of Justice and Emergency Preparedness Regulations on approval schemes for new tobacco and nicotine products
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Date*
Measure
01-06-21
02-06-21 07-06-21 09-06-21 16-06-21 21-06-21 22-06-21 23-06-21 24-06-21
FOR-2021-06-17-2131 Ministry of Health and Care Services
Regulations on changes in regulations on import, export, possession, etc. of endangered species of w ild fauna and flora (CITES Regulation) - Appendix 1 - list of species FOR-2021-06-23-2135 Ministry of Climate and Environment
SWITZERLAND
Ordinance of 26 May 2021 on the exclusion of the liability of debtors of customs debt in connection w ith the coronavirus (RS 631.031)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27 Ordinance on the release of phytosanitary products (Ordinance on phytosanitary products, OPPh) (RS 916.161)
Ordinance of the DFI regulating import, transit and export trade in animals and animal products w ith third countries (OITE- PT-DFI) (RS 916.443.10) Customs Convention of 14 November 1975 on the international transport of goods under cover of TIR carnets (TIR Convention) (RS 0.631.252.512)
Ordinance on energy efficiency requirements of mass -produced plants, vehicles and devices (Ordinance on energy efficiency requirements, OEEE) (RS 730.02) Decision No 2/2018 of the EFTA-Serbia Joint Committee amending Annex IV of the Free Trade Agreement betw een the EFTA States and the Republic of Serbia on Trade Facilitation (RS 0.632.316.821)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (Ordinance COVID-19 measures in the field of international passenger transport) (RS 818.101.27)
OFAG ordinance concerning the lists of countries according to the agricultural ordinance on the declaration (Lists of OAgrD countries) (RS 916.511) Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012)
Ordinance of 23 June 2021 on measures to combat the coronavirus (COVID-19) in the field of international passenger transport (COVID-19 Ordinance on measures in the field of international passenger transport) (RS 818.101.27) Ordinance on the importation of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01)
Ordinance on the importation of agricultural products (Ordinance on agricultural imports,) (RS 916.01)
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
Date* 01-06-21
02-06-21
Restrictive Measure
ICELAND 638/2021 (17-05-21) Regulation amending the Guinea-Bissau Enforcement Regulation, No. 567/2014 651/2021 (17-05-21) Regulation repealing the Regulation on coercive measures concerning Egypt, No. 908/2015 652/2021 (17-05-21) Regulation amending the Regulation on coercive measures concerning Somalia, no. 792/2015, together w ith subsequent amendments 653/2021 (17-05-21) Regulation amending the Regulation on coercive measures against Zimbabw e, no. 744/2015, together w ith subsequent amendments
LIECHTENSTEIN
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Date*
Restrictive Measure
11-06-21 10-06-21 18-06-21
LGBI 2021.188 Ordinance of 8 June 2021 amending the ordinance on measures against Syria (LR 946.223.8)
SWITZERLAND
Modification to the Ordinance on measures against Syria (RS 946.231.172.7) [Entry into force 11-06-21 at 18 hrs] Modification to the Ordinance of October 2, 2000 instituting measures against persons and entities linked to Osama bin Laden, to the "Al-Qaida" group or to the Taliban (RS 946.203) [Entry into force 17-06-2021]
Non EU-EFTA European Countries UNITED KINGDOM
UK and US reach an understanding to resolve a long-standing trade irritant relating to large civil aircraft
On 17 June 2021, the US and UK reached an understanding to resolve a longstanding trade irritant relating to large civil aircraft. See United States section above and UK release here, which is identical to the US release. This follows the US-EU understanding announced on 15 June..
UK agrees to an FTA with Australia
On 15 June 2021, the UK Government announced that the UK has secured a trade deal with Australia eliminating tariffs on all UK goods and boosting jobs and businesses across the country, in the first major trade deal negotiated from scratch by the Government since the UK left the EU.
The announcement said that the main elements of the deal were agreed by Prime Minister Boris Johnson and Australian Prime Minister Scott Morrison at a meeting in Downing Street on 14 June. A final Agreement in Principle will be published in the coming days.
Parliament will have the opportunity to scrutinise the agreement in detail once the text is published, along with an impact assessment and explanatory memorandum.
The leaders reaffirmed the enduring partnership between the UK and Australia during their discussion and agreed to work closely together on defence, technology collaboration and tackling climate change including through a future Clean Tech Partnership.
The announcement also said:
The new Free Trade Agreement means iconic British products like cars, Scotch w hisky, biscuits and ceramics w ill be cheaper to sell into Australia, boosting UK industries that employ 3.5 million people across the country. The UK-Australia trade relationship w as w orth 13.9 billion last year and is set to grow under the deal, creating opportunities for businesses and producers in every part of the UK.
British farmers w ill be protected by a cap on tariff -free imports for 15 years, using tariff rate quotas and other safeguards. We are also supporting agricultural producers to increase their exports overseas, including to new markets in the Indo-Pacific.
Under the agreement, Brits under the age of 35 w ill be able to travel and w ork in Australia more freely, opening exciting opportunities for young people.
An FTA with Australia is also a gateway into the fast-growing Indo-Pacific region and will boost the UK's bid to join CPTPP, one of the largest free trade areas in the world, covering 9 trillion of GDP and 11 Pacific nations from Australia to Mexico.
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UK-Australia free trade agreement: benefits for the UK
UK-Australia free trade agreement negotiations: agreement in principle
UK secures new deal with Norway, Iceland and Liechtenstein
On 4 June 2021, the UK government announced that it has secured a new trade deal with Norway, Iceland and Liechtenstein that will boost critical British sectors like digital, slash tariffs on high-quality British food and farm products and supports jobs in every corner of the UK. The announcement said:
The deal agreed in principle today (4th June) is the first time these three European countries have included dedicated chapters on digital trade and small businesses in any trade deal, making it the most advanced they have done to date.
Cutting-edge digital provisions mean w hen British firms export to Norw ay and Iceland, they w ill be able to benefit from commitments that limit unnecessary paperw ork. Electronic documents, contracts and signatures w ill allow goods to move seamlessly across borders, saving businesses time and money.
The agreement significantly cuts tariffs as high as 277% for exporters to Norw ay of West Country Farmhouse Cheddar, Orkney Scottish Island Cheddar, Traditional Welsh Caerphilly, and Yorkshire Wensleydale cheese. There are also tariff reductions and quotas on pork, poultry and other goods. UK w ines and spirits including Scotch Whisky w ill also now be recognised in Norw ay and Iceland.
Reduced import tariffs on shrimps, praw ns and haddock w ill reduce costs for UK fish processing, helping support some 18,000 jobs in that industry in Scotland, East Yorkshire and Northern Lincolnshire.
***
The agreement means British businesses can bid for more government contracts in partner countries w orth some 200 million a year.
The deal w ill allow caps on the charges mobile operators are allow ed to charge each other for international mobile roaming, a w orld-first in an FTA, keeping costs low for holiday makers and business travellers.
***
CPTPP nations agree to the UK's bid to begin the accession process to the CPTPP
On 2 June 2021, the UK government announced that the CPTPP nations had agreed to the UK's bid to begin the accession process to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP is a trade agreement between 11 countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam), covering 500 million people.
The announcement said the UK will continue to work closely with Japan, as this year's chair of the CPTPP commission, alongside the other CPTPP nations to progress negotiations as quickly as possible as UK accession could cut tariffs in vital UK industries like food and drink and the automotive sector, as well as creating new opportunities in areas like digital, data, and across services.
The government will publish its outline approach, scoping assessment and consultation response before negotiations start in the coming weeks.
Legislation (legislation.gov.uk)
Date
Measure
01-06-21
SI 2021/645 - The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) (No. 2) Regulations 2021
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Date
Measure
04-06-21 07-06-21
08-06-21 09-06-21 10-06-21
21-06-21 24-06-21 25-06-21
SSI 2021/230 - The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 12) Regulations2021
SI 2021/670 - The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2021 SI 2021/639 - The Proceeds of Crime Act 2002 (Administrative Forfeiture Notices) (England and Wales and Northern Ireland) (Amendment) Regulations 2021
SI 2021/675 - The Climate Change Levy (General) (Amendment and Modification) Regulations 2021 SI 2021/669 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 8) Regulations 2021 / Rheoliadau Diogelu Iechyd (Coronafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 8) 2021
SR 2021/154 - The Health Protection (Coronavirus, International Travel) (Amendment No. 4) Regulations (Northern Ireland) 2021 SI 2021/661 - The Customs Tariff (Establishment) (EU Exit) (Amendment) (No. 2) Regulations 2021
SI 2021/690 - The Customs Tariff (Establishment) (EU Exit) (Amendment) (No. 2) Regulations 2021 (Appointed Day) Regulations 2021 SSI 2021/237 - The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 13) Regulations 2021
SI 2021/693 - The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (EU Exit) (Amendment) (No. 3) Regulations 2021 SI 2021/695 - The Customs (Declaration Modification) Regulations 2021
SI 2021/697 - The Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) Regulations 2021 SI 2021/730 - The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021
SI 2021/731 - The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 3) Regulations 2021 SI 2021/756 - The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021
SI 2021/745 - The Ecodesign for Energy-Related Products and Energy Information Regulations 2021
SSI 2021/254 - The Health Protection (Coronavirus) (International Travel etc.) (Miscellaneous Amendments) (Scotland) (No. 3) Regulations 2021
HMRC updates
The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:
Release Date
Ref. No. and Subject
04-06-21 07-06-21 09-06-21
10-06-21
Tariff, Anti-Dum ping and Other Notices
Reference Document for The Customs Tariff (Establishment) (EU Exit) Regulations 2020 Changes to CHIEF commodity codes (Tariff stop press notice 17) Reference Document for The Customs Tariff (Establishment) (EU Exit) Regulations 2020 Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations 2020 Notices made under The Customs (Transitional Arrangements) (EU Exit) Regulations 2020 Notices made under the Customs (Import Duty) (EU Exit) Regulations 2018 The Taxation Cross-border Trade (Miscellaneous Amendments) (EU Exit) Regulations 2021
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Release Date
Ref. No. and Subject
11-06-21
13-06-21 17-06-21
Reference Documents for The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (EU Exit) (Amendment) (No 3) Regulations 2020
Decision on the Amendment of the Import Regime Decision (Decision Number: 4087)
Automatic Licence Verification System (ALVS) across HM Government
ECJU Notices to Exporters and DIT documents
The following Export Control Joint Unit (ECJU) Notices to Exporters and other Department for International Trade (DIT) documents were issued:
Date
Notice No. and Subct
07-06-21 08-06-21 11-06-21
Notice to Exporters 2021/04: open general licences amended Notice to Exporters 2021/05: Export Control Order 2008 amendment
Notice to Exporters 2021/06: F680 express applications Notice to Exporters 2021/07: Licences for strategically controlled items
TURKEY
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resm Gazete.
Date
Subject
01-06-21
02-06-21
03-06-21 04-06-21 05-06-21 11-06-21 16-06-21 19-06-21
Communiqu Amending the Customs General Communiqu (Customs Transactions) (Serial No: 104) (Customs Transactions) (Serial No: 170) Communiqu Amending the Communiqu on Registrant Goods for Export (Communiqu No: Export 2006/7) (Exports 2021/4)
Decision on the Approval of the Instrument for the Amendment of the Protocol on Agriculture betw een Turkey and Iceland and the Instrument for the Amendment of the Protocol of 10 December 1991 on Trade in Agricultural Products Betw een Turkey and Norw ay (Decision Number: 4037) Communiqu Amending Customs General Communiqu (Temporary Import) Serial No: 4 (Temporary Import) (Serial No: 7)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/28) 7321 Law Concerning the Approval of the Agreement on Trade and Economic Cooperation betw een the Government of the Republic of Turkey and the Government of the Republic of Mozambique
7323 Law on Approval of the Agreement on Cooperation and Mutual Assistance in Customs Matters betw een the Ministry of Customs and Trade of the Republic of Turkey and the Ministry of Finance of the Socialist Republic of Vietnam
Communiqu Amending the Communiqu on Registrant Goods for Export (Communiqu No: Export 2006/7) (Export 2021/5) Decision Concerning the Freezing of Assets in Turkey in the Disposition of Certain Organizations and Persons in accordance w ith the United Nations Security Council Resolution No. 1373 (2001) (Decision Number: 4082)
Regulation on the Regulation and Implementation of Sugar Quotas (Decision Number: 4080) Scope of Bilateral Cumulation of Origin System Regulation Amending the Regulation on Determination of the Preferential Origin of Goods in Trade
Scope of the Regional Convention on Pan-European Mediterranean Preferential Rules of Origin Regulation Amending the Regulation on Determination of the Preferential Origin of Goods in Trade Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/30)
Annex of the Council of Ministers Decision dated 30/9/2013 and numbered 2013/5428 on the Freezing of Assets in the possession of Persons, Organizations or Organizations Listed by the Resolutions 1267 (1999), 1988 (2011) and
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Date
Subject
21-06-21 22-06-21 24-06-21
1989 (2011) of the United Nations Security Council (1 ) Decision on Amending the List No. (Number of Decisions: 4088)
Regulation Amending the Regulation on Facilitating Customs Procedures Regulation Amending the Customs Regulation
Regulation Amending the Regulation on Duty Free Shops Regulation Amending the Regulation on the Establishment and Duties of Turkish Exporters Assembly and Exporters' Associations
Communiqu on the Prevention of Unfair Competition in Imports (No: 2021/31) Communiqu Amending Customs General Communiqu (Collection Procedures) (Serial No: 2) (Collection Procedures) (Serial No: 3)
Communiqu Amending Customs General Communiqu (Truck Transactions) (Serial No: 1) (Truck Transactions) (Serial No: 8) Communiqu Amending the Customs General Communiqu (Transit Regime) (Serial No: 4) (Transit Regime) (Serial No: 10)
Communiqu Amending the Customs General Communiqu (Transit Regime) (Serial No: 3) (Transit Transactions) (Serial No: 11) Communiqu Amending the Customs General Communiqu (Transit Regime) (Serial No: 5) (Transit Regime) (Serial No: 11)
Communiqu Amending the Customs General Communiqu (Transit Regime) (Serial No: 6) (Transit Regime) (Serial No: 12) Communiqu Amending the Customs General Communiqu (Sequence No: 1) on the Status of Approved Person (Sequence No: 6)
Communiqu on Restructuring of Customs Claims w ithin the Scope of Law No. 7326 Decision on the Amendment of the Import Regime Decision (Number of Decision: 4106)
Decision on Amending the Import Regime Decision (Decision Number: 4107) Decision on Amending the Decisions on the Implementation of Tariff Quotas in the Imports of Certain Agricultural and Processed Agricultural Products w ithin the Framew ork of Bilateral Agreements (Decision Number: 4108)
Communiqu Amending the Communiqu on the Implementation of Tariff Quotas in the Imports of Certain Agricultural Products Originating from the European Union Communiqu Amending the Communiqu on the Implementation of Tariff Quotas for Some Agricultural and Processed Agricultural Products of Georgia Origin
Customs General Communiqu (Tariff -Classification Decisions) (Serial No: 35)
UKRAINE
Ukraine introduces VAT on digital services
In brief
On 3 June 2021, the Parliament of Ukraine adopted the Law of Ukraine "On Amendments to the Tax Code of Ukraine on Repealing Taxation of Income Received by Non-Residents in the Form of Payment for Production and/or Distribution of Advertising and Improvement of the Procedure for Value Added Taxation of Supply of Electronic Services to Individuals by Non-Residents" ("Law").
Key takeaways
The Law introduces 20% VAT on electronically supplied services ("ESS") provided by nonresidents to Ukrainian customers.
By its terms, the Law is expected to apply from 1 January 2022.
In more detail
1. SCOPE
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The ESS VAT regime covers supplies of digital services to customers under the B2C model as well as -- in the narrowly defined cases -- under the B2B model. In this context, for B2B purposes, 20% VAT would apply to ESS supplied to "private entrepreneurs" (PEs) who are not registered as VAT payers. By the term of Ukrainian law, PEs are private individuals who register as a business for tax purposes.
ESS are defined as "services that are provided [1] via the Internet network, [2] in an automated manner, [3] by means of information technologies, and [4] predominantly without interference of humans."
The Law provides for a non-exhaustive list of ESS, including, among others:
supply of digital copies, access to images, text and information, including subscription to online new spapers and journals, and e-books
supply of digital copies and/or access to audiovisual w orks, video and audio on demand, games, including the provision of services involving participation in such games, access to television programs, unless they are broadcast simultaneous to being transmitted over a television netw ork
provision of access to informational, commercial and entertaining electronic resources, other similar resources
distance teaching via the internet, the supply of w hich requires no human intervention, including virtual classrooms
cloud services in terms of computing resources, data w arehousing resources and electronic communications systems
supply of softw are and updates, including digital copies, as w ell as remote servicing of softw are and electronic equipment
provision of advertising services via the internet netw ork, in mobile applications and via other electronic resources, the provision of advertising space including banner ads on a w ebsite/w eb page/w eb portal
The Law expressly excludes from the list of ESS:
supply of services ordered via the internet but delivered offline (w ithout the use of the internet)
supply of copies of w orks in the field of science, literature and art on physical storage media
supply of consulting services via email
rendering of internet access services
2. CUSTOMER STATUS AND LOCATION
The Law presumes that a service is provided to a private individual, unless a customer agreement states that such a recipient of a digital service is a business.
ESS are deemed to be supplied at the customer's location. The Law provides a non-exhaustive list of customer location proxies:
"main" ones in case of supply through:
a fixed landline -- the customer is presumed to be located in the country w here their fixed landline is located (location of the telecommunications provider w hose services w ere used in the process of receiving digital services)
mobile netw orks -- the customer is presumed to be located in the country identified by the mobile country code of the SIM card used to receive the services
other means -- the customer can be presumed to be located w here the device is situated or w here the access card is sent to for use there, including the IP address of the device used by the customer
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"additional" ones that should be applied simultaneously w ith the main ones :
the billing address of the customer
bank details, such as the location of the bank account used for paying for digital services
other commercially relevant information
3. REGISTRATION
The nonresident must register for VAT in Ukraine by 31 March of the reporting year if the overall sales of digital services exceed UAH 1 million (approximately USD 37,143) for the preceding calendar year.
The registration application may be filed online in English. No state-issued electronic signatures would be required.
4. REPORTING AND PAYMENT
The VAT returns should be filed online on a quarterly basis, i.e., within 40 calendar days following the reporting quarter, in Ukrainian or English.
VAT liability should be (i) assessed with respect to the price of the digital services at 20% and (ii) payable (a) in euro or US dollars (b) within 30 calendar days following the statutory deadline for submission of the VAT return and (c) to a bank account of the State Treasury Service of Ukraine.
The taxpayers are not required to open local bank accounts, for VAT liabilities may be discharged from their foreign bank accounts.
The taxpayers are not required to issue VAT invoices and/or to appoint a local fiscal representative.
5. TIMING
The ESS VAT regime is expected to apply from 1 January 2022.
Authors: Hennadiy Voytsitskyi and Roman Koren.
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 01-06-21
02-06-21
Subject
Investigation into the import of ceramic tiles to Ukraine, regardless of country of origin and export Commission Decision of 24.05.2021 SP-494/2021 / 441103
On Amendments to Section XXI "Final and Transitional Provisions" of the Customs Code of Ukraine to Continue Granting Ukrainian Airlines a Transitional Period for the Use of Domestic Aircraft The Verkhovna Rada of Ukraine ; Law of 01.06.2021 1492-IX On Amendments to the Licensing Conditions for Business Activities for the Production and Repair of Non-Military Firearms and Ammunition, Cold Weapons, Pneumatic Weapons Over 4.5 Miles and Bullet Velocities Over 100 Meters per Second, Trade in Non-Military Firearms and Ammunition to it, cold steel, air guns of caliber over 4.5 millimeters and bullet speed of over 100 meters per second; of production of special means charged w ith substances of lacrimation and irritating action, individual protection, active defense and their sale Resolution of the Cabinet of Ministers of Ukraine dated 02.06.2021 571
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Date
Subject
03-06-21 11-06-21
On Amendments to the Tax Code of Ukraine on Repealing Taxation of Income Received by Non-Residents in the Form of Payment for Production and/or Distribution of Advertising and Improvement of the Procedure for Value Added Taxation of Supply of Electronic Services to Individuals by Non-Residents On the delegation of Ukraine to participate in negotiations w ith the European Union on the acceleration and expansion of the abolition of import duties in trade under the Association Agreement betw een Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part Order of the President of Ukraine dated 11.06.2021 501/2021-rp
EURASIAN ECONOMIC UNION (EAEU)
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only , and Recommendations having a direct effect on international traders are listed.
Publication Date
Title
Council () of the Eurasian Econom ic Com m ission 50 (18-05-21) On the establishment of the rates of import customs duties of
the Unified Customs Tariff of the Eurasian Economic Union for knitted and cro-
cheted fabrics 51 (18-05-21) On the conclusion on confirmation of the fulfillment by the
state - a member of the Eurasian Economic Union of the provisions of the
Agreement on the specifics of carrying out operations w ith precious metals and
precious stones w ithin the framew ork of the Eurasian Economic Union dated
November 22, 2019 52 (18-05-21) On amending the list of goods in respect of w hich the Repub-
lic of Kazakhstan, in accordance w ith the obligations assumed as a condition of
accession to the World Trade Organization, applies the rates of import customs
07-06-21
duties that are low er than the rates of the Unified Customs Tariff of the Eurasian Economic Union, and the amount of such duty rates for certain types of
light emitting diode (LED) lamps
No. 53 (18-05-21) On some issues of the implementation of the Agreement on
Trademarks, Service Marks and Appellations of Origin of Goods of the Eura-
sian Economic Union dated February 3, 2020
No. 54 (18-05-21) On amendments to some decisions of the Council of the Eur-
asian Economic Commission
No. 55 (18-05-21) On Amending Appendix No. 1 to the Rules for Determining
the Country of Origin of Certain Types of Goods for the Purposes of State (Mu-
nicipal) Purchases
No. 56 (18-05-21) On the establishment of the rates of import customs duties of
the Unified Customs Tariff of the Eurasian Economic Union in relation to silicon
08-06-21
No. 57 (23-04-21) On the plan for the development of technical regulations of
the Eurasian Economic Union and amendments to them 58 (18-06-21) On the head of the w orking group for ensuring the functioning
of the single market for services w ithin the Eurasian Economic Union and the
head of the w orking groups for sectors (subsectors) of services, for w hich the
25-06-21
formation of a single market for services w ithin the Eurasian Economic Union
w ill be carried out in accordance w ith the liberalization plans (during the transition period) 60 (18-06-21) On amendments to the passport of the project "Eurasian net-
w ork of industrial cooperation, subcontracting and technology transfer"
Board () of the Eurasian Econom ic Com m ission
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Publication Date
Title
01-06-21 02-06-21 10-06-21
18-06-21 24-06-21
58 (25-05-21) On the Program for the development (amendment, revision) of
interstate standards, as a result of w hich, on a voluntary basis, compliance w ith the requirements of the technical regulations of the Customs Union "On the safety of devices operating on gaseous fuel" (TP CU 016/2011) and interstate
standards containing rules and methods of research (testing) and measure-
ments, including sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Customs Union "On the safety of devices operating on gaseous fuel" (TP TS 016/2011) and the im-
plementation of conformity assessment of technical objects regulation 59 (25-05-21) On amendments to the Unified Commodity Nomenclature of
Foreign Economic Activity of the Eurasian Economic Union and the Unified
Customs Tariff of the Eurasian Economic Union, as w ell as to some decisions
of the Supreme Eurasian Economic Council and the Board of the Eurasian Eco-
nomic Commission in relation to certain goods used for the production of solar
panels 60 (01-06-21) On amendments to the Decision of the Board of the Eurasian
Economic Commission dated December 5, 2017 No. 164 61 (01-06-21) On the classification of a set-top box in accordance w ith the
unified Commodity nomenclature of foreign economic activity of the Eurasian
Economic Union 62 (01-06-21) On amendments to the Decision of the Customs Union Commission dated September 20, 2010 No. 378 63 (08-06-21) On the application of the customs procedure for customs
transit in relation to goods of the Eurasian Economic Union of commodity items
2402 and 2208 of the EAEU nomenclature of goods subject to foreign trade,
placed under the customs procedure for export 64 (08-06-21) On amendments to the Program for the development (amend-
ment, revision) of interstate standards, as a result of w hich, on a voluntary ba-
sis, compliance w ith the requirements of the technical regulations of the Customs Union "On the safety of milk and dairy products" (TR CU 033/2013), as
w ell as interstate standards is ensured containing the rules and methods of re-
search (testing) and measurements, including the rules for sampling necessary
for the application and fulfillment of the requirements of the technical regulations of the Customs Union "On the safety of milk and dairy products" (TR CU
033/2013) and the implementation of conformity assessment of objects of tech-
nical regulation 65 (15-06-21) On technological documents regulating information interaction
during the implementation by means of the integrated information system of the Eurasian Economic Union of the general process "Ensuring the exchange of
documents and (or) information betw een the Eurasian Economic Commission
and the authorized bodies of the member states of the Eurasian Economic Un-
ion in monitoring compliance w ith the general rules of competition in cross-bor-
der markets and competition (antimonopoly) legislation, as w ell as the introduc-
tion of state price regulation and challenging decisions of the member states of the Eurasian Economic Union on its introduction "(regarding the exchange of
documents and (or) information w hen introducing state price regulation and
challenging decisions on its introduction) 66 (15-06-21) On amendments to the Decision of the Board of the Eurasian
Economic Commission dated April 21, 2015 No. 30 and on the introduction of
temporary quantitative export restrictions on buckw heat 67 (21-06-21) On the Program for the development (amendment, revision) of
interstate standards, as a result of w hich, on a voluntary basis, compliance w ith
the requirements of the technical regulation of the Customs Union "On food
safety" (TR CU 021/2011), and interstate standards containing rules and research methods is ensured (tests) and measurements, including the sampling
rules necessary for the application and fulfillment of the requirements of the
technical regulations of the Customs Union "On food safety" (TR CU 021/2011)
and the implementation of conformity assessment of objects of technical regu-
lation
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Classification decisions adopted by the Commission and preliminary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classification decisions under the common tariff adopted by the Commission. A separate website exists for preliminary decisions on the classification of goods adopted by the customs authorities of states - members of the Eurasian Economic Union. It was last updated 23 June 2021. The table lists the tariff codes, a description, rationale (GRIs) for the decision.
AFRICA (EXCEPT NORTH AFRICA)
SOUTH AFRICA
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Date
Publication Details
11-06-21 GG. 44700 R. 503
11-06-21 GG. 44700 R. 502
GG. 44705 R. 525
14-06-21
GG. 44705 R. 524
GG. 44705 R. 523
16-06-21
GG. 44716 R. 531
18-06-21
GG. 44426 R. 542
Subject
Implementation Date
Amendment to rules under sections 38 and 120 South African Customs Union (SACU) Unique Consignment Reference (UCR) Number (DAR214)
Notice R.503
Amendment of rules under sections 49 and 120 Interim administrative arrangement for SACUMUK EPA tariff rate quotas to be carried out by SARS on a first-come first-served basis (DAR215)
Notice R.502
Amendment to rules under sections 21, 60, 119A and 120 Insertion of Rule 21.05 relating to Special Shops for Diplomats (DAR216)
Notice R.525 DA 185.4B4 Licensing Client Type 4B4
Special Shops for Diplomats
Amendment to Notices Numbers R.360, 361, 362, 363, 364, 365, 366, and 367 of Government Gazette No. 44473, in order to change the effective date to 1 August 2021 to the Schedules of the Customs and Excise Act, 1964
Notice R.524 Amendment to Notice No. R.368 of Government Gazette No. 44473, in order to change the effective date to 1 August 2021, the substitution of Notes 5 and 7 and header of rebate item 406,05 to the Schedules of the Customs and Excise Act, 1964
Notice R.523 Correction Notice to Government Gazette No. 44705 Notice No R. 525 (DAR216)
Notice R.531
Amendment to Part 1 of Schedule No. 3, by the insertion of rebate item 310.01/2815.12/09.06 in order to create a rebate provision for Sodium Hydroxide (Caustic Soda) in aqueous solution for the
11-06-21
With effect from 01-0821, except for rule 21.05.12 and Form DA 185. 4B4 w hich comes into effect on the date of publication
With effect f rom
01-08-21
16-01-21
18-06-21
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Date
Publication Details
GG. 44759 R. 554
GG. 44759 R. 552
GG. 44759 R. 553
25-06-21 GG. 44759 R. 551
GG. 44759 R. 548
GG. 44759 R. 548
GG. 44759 R. 549
GG. 44759 R. 550
02-07-21
GG R
Subject
Implementation Date
manufacture of semi-chemical fluting paper
ITAC Report No. 617
Notice R.542
Amendment to Notes 5 and 8 to Chapter 98 in
Part 1 of Schedule No. 1, in order to include refer-
ence of new rebate item 307.04, to implement APDP Phase II ITAC Minute M10/2020
Notice R. 554
Amendment to Part 1 of Schedule No. 3, by the
insertion of new Notes and item 317.04, to provide for APDP Phase II ITAC Minute 10/2020
Notice R. 552
Amendment to Part 2 of Schedule No. 4, in order
to include new rebate item 317.04 and to remove the reference to "production rebate credit certificate (PRCC)" and insert production rebate certifi-
cate (PRC) as w ell as the insertion of various new rebate items, to give effect to APDP Phase II
With effect f rom
01-07-21
ITAC Minute M10/2020
Notice R.553
Amendment to Part 3 of Schedule No. 5, in order
to amend Notes to item 537.00 to include new re-
bate item 317.04 and make provision for produc-
tion rebate certificate (PRC) as w ell as insertion of
new refund items 537.04, to give effect to APDP Phase II ITAC Minute M10/2021
Notice R. 551
Amendment to Part 6 of Schedule No. 5, by the
substitution of Note 4 ,in order to correct the refer-
ence to rebate to read as refund
Notice R.548
Amendment to Part 6 of Schedule No. 5, by the
substitution of Note 4 ,in order to correct the refer-
ence to rebate to read as refund
Notice R.548
Amendment to Part 5 of Schedule No. 5, by the
25-06-21
substitution of Note 5, in order to correct the refer-
ence to rebate to read as refund
Notice R.549
Amendment to Part 1 of Schedule No. 4, by the
substitution of Note 2 to Rebate Item 407.00, in
order to correct the reference to rebate item
407.01/00.00/01.02 to 407.01/00.00/02.00
Notice R.550
Amendment to rules under sections 59A, 60 and 120 Electronic submission of applications for
registration and licensing (DAR217)
Notice
DA 8 Application for registration as a person submitting reporting documents
Sea Cargo
DA 185.4A3 Registration Client Type A43 Rebate user DA 185.4B9 Licensing Client Type 4B9
With retrospective ef-
fect from 25 June
2021
Storage w arehouse
DA 185.4B10 Licensing Client Type
4B10 Manufacturing Warehouse (Cus-
toms Controlled Area Enterprise)
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Date
Publication Details
Subject
DA 185.4B14 Licensing Client Type
4B14 Degrouping depot
DA 185.4B16 Licensing Client Type
4B16 Container depot This am endm ent will be gazetted on 2 July 2021
Implementation Date
NEWSLETTERS, REPORTS, ARTICLES, ETC.
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie's Global Indirect Tax Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global Indirect Tax Newsletter are:
Jochen Meyer-Burrow , Partner, jochen.meyer-burow @bakermckenzie.com
Martin Moraw ski, Associate, martin.moraw ski@baker mckenzie.com
Publications, Alerts, Newsletters
The following Baker McKenzie publications, client alerts, legal alerts, newsletters or postings released during the period of coverage of this Update may be of interest to you:
Subject
International Trade, Tax and Anti-corruption
Global International Trade Compliance Update June 2021
{older issues}
Thailand Client Alert: Duty surcharge rate reduced from 1 June to 30 September 2021 Hong Kong: FSDC releases research paper on "Revitalisation of Hong Kong's REIT Market"
EMEA Healthcare and Life Sciences New sletter May 2021 Kyiv Tax Legal Alert: Ukraine introduces VAT on digital services
Venezuela Client Alert: Venezuela: Decree established exemption from the payment of the Value Added Tax, Customs Duties and Customs Service Tariff for Determination of the Customs Regime for several goods Venezuela: Value Added Tax, Custom Duties and Customs Service Tariff for Determination of the Customs Regime for several goods and economic sectors
Thailand Competition Law Focus Series New sletter #4 (June 2021)- OTCC publishes the first decision on anti-competitive agreements
WEBINARS, MEETINGS, SEMINARS, ETC.
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Join us for our 18th Annual Global Trade and Supply Chain Webinar Series entitled, "International Trade & Developm ents in a World Focused on Recovery & Renew al," w hich includes the latest international trade developments including updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments. In addition to our usual topics of Customs and export controls/sanctions, w e have also covered Foreign investment review regimes around the w orld. This year's remaining w ebinars w ill cover export controls and sanctions, an overview of customs and imports developments in the Latin America, EU, Middle East and Russia, and managing emerging compliance risks. Recordings w ill be available approximately tw o w eeks after the presentation. When a recording is available, it w ill appear on our w ebsite here: https://w ww.bakermckenzie.com/en/insight/publications/resources/2021-global-trade-supplychain-w ebinar-series
This year, w e expanded our program of basic customs w ebinars to cover the areas of export controls and sanctions. The Basic program is primarily aimed at participants w ho are new to Global Trade and/or those w ho w ould like a refresher.
Supply Chain: Env ironmental and Human Rights Due Diligence
Wednesday, January 27
Speakers: Aleesha Fowler (New York), Ulrich Ellinghaus (Frankfurt), Graham Stuart (London), and Francesca
Richmond (London)
Moderator: Kerry Contini (Washington, DC)
Trade Focus on China
Tuesday, February 23
Speakers: Jon Cowley (Hong Kong), Eunkyung Kim Shin (Chicago), and Jessica Mutton (London)
Moderator: Lise Test (Washington, DC)
Trade Dev elopments Under the New Biden Administration and Brexit
Tuesday, March 23
Speakers: Sylwia Lis(Washington, DC), Lise Test/Inessa Owens (Washington, DC), Eunkyung Kim Shin (Chicago),
and Christine Streatfeild (Washington, DC)
Moderator: Jenny Revis(London) Future of the WTO, Trade Remediesand Trade Wars
Tuesday, April 27
Speakers: Kevin O'Brien (Washington, DC), Pablo Bentes (Geneva), and Andrew Rose/Sven Bates(London)
Moderator: Christine Streatfeild (Washington, DC)
Hot Topics on Sanctions (Focus on US, Canada, UK, EU and Middle East)
Tuesday, May 25
Speakers: Brian Cacic (Toronto),Olof Konig (Stockholm), Callie Lefevre (Washington, DC), and Samir Safar-Aly
(Du b a i )
Moderator: Sunny Mann (London)
Foreign Inv estment Rev iew Trends (Focus on US, UK, Germany and Spain)
Tuesday, June 29
Speakers: Sylwia Lis(Washington, DC),Tristan Grimmer / Ross Evans(London), Anahita Thoms(Dusseldorf), and
Valeria Enrich (Barcelona)
Register Now
Moderator: Rod Hunter (Washington, DC)
Tuesday, July 27
Hot Topics for Customs Audits (Focus on US, Canada, Mexico, EU, UK, Russia and Asia-Pacific)
Speakers: Nicole Looks(Amsterdam)/Alexandra Alberti
Register Now
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(London), Mariana Rojas-Islas(Mexico City),Paul Burns (Toronto), Ivy Tan (Kuala Lumpur), and Vladimir Efremov (Moscow)
Moderator: John McKenzie (San Francisco)
August
Vacation Break
Tuesday, September 28
Tuesday, October 26
Hot Topics on Export Controls (Focus on US, China, EU, UK and Russia)
Speakers: Ben Smith (London), DerkChristiaans(Amsterdam), Weng Keong Kok (Hong Kong), and Alexander Bychkov (Moscow)
Moderator: Megan Hamilton (Chicago)
Global FTAs dev elopments (Focus on Africa, EU, UK, and Latin America)
Speakers: Virusha Subban (Johannesburg), Kevin Nordin (London), Alessandra S. Machado (Sao Paulo), Kelvin Hong (Kuala Lumpur), and Hania Negm (Cairo)
Moderator: Adriana Ibarra-Fernandez (Mexico City)
Register Now
Register Now
November (Dates TBD)
Year-End Rev iew of Import/Export Dev elopments
Webinar Start Time: *see timeanddate.com for time in your location. 08:00 AM (Pacific) - San Francisco
10:00 AM (Central) - Chicago 11:00 AM (Eastern) - DC
4:00 PM (GMT) - London 5:00 PM (CET) - Frankfurt
12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo
Duration: 90 Minutes
Login Details: Log-in detailswill be sent via email one weekbefore the event.
Co-Chairs: Adriana Ibarra-Fernandez, Partner, Mexico City, T +52 55 5279 2947 Email
Sylw ia Lis, Partner, Washington, DC, T + 202 835 6147 Email
Jennifer F. Rev is, Partner, London, T +44 20 7919 1381 Email
Questions: Sal Gonzalez, Business Development Specialist, T +1 202 835 1661 Email
These w ebinars are all complimentary and you can sign-up for as many as you w ould like.
MCLE Credit: Pending for 1.5 general California CLE credits, 1.5 general IllinoisCLE credits, 1.5 areas of professional practice New York CLE credits, and 1.5 general TexasCLE credits. Participantsrequesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP isa California and Illinois CLE approved provider. Baker & McKenzie LLP hasbeen certified by the New YorkState CLE Board asan accredited provider in the state of New York for the period 12/12/18 -12/11/21. Thisprogram isappropriate for both experienced and newly admitted New Yorkattorneys. Baker & McKenzie LLP isan accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
A uniform certificate for 1.5 CPE creditswill be provided to participantsfor CPE credit applications.
**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.
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These webinarsare pending for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc.
Asia Pacific International Commercial and Trade Webinar Series December 2020 January 2021 | 11:00 am 12:00 pm (GMT+8)
We are pleased to present the Asia Pacific Trade Webinar Series which focused on the Nuts and Bolts of Trade Compliance and delivered practical guidance and onthe-ground insights from our teams in Asia Pacific.
This program featured overarching customs developments and highlights on specially regulated goods. Key themes included:
Significant changes to customs clearance requirements Customs enforcement and audit priorities Changes in import and export controls/prohibitions and specific permitting or
licensing requirements Other jurisdictional specific updates, such as:
o COVID regulation special measures o Government trade incentive programs o FTA developments, including the RCEP Agreement o Trade war tensions o Sanctions developments o New regulatory regimes impacting supply chains o Regulatory reforms in development If you have any questions relating to the webinars, please contact Sharon How or Amanda Murillo. Recordings are available as follows (original dates are shown as well).
December 2020 Sessions
Jurisdictional Updates Original Date
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Singapore Vietnam Malaysia
Thailand Indonesia
Thursday, 3 December Singapore recording Tuesday, 8 December Vietnam recording Thursday, 10 December Malaysia recording
Tuesday, 15 December Thursday, 17 December
January 2021 Sessions
Jurisdictional Updates
Original Date
Australia Philippines China/Hong Kong Japan
Tuesday, 19 January Thursday, 21 January Tuesday, 26 January Thursday, 28 January
Asia Pacific Key Contacts
Australia: China/Hong Kong
Indonesia Japan Malaysia
Philippines Singapore
Taiwan Thailand Vietnam
Anne Petterd (Partner) Jon Cowley (Registered Foreign Lawyer)
Riza Buditomo (Partner) Junko Suetomi (Partner) Adeline Wong (Partner)
Ronald Bernas (Partner) Ken Chia (Principal)
Chris Tsai (Partner) Panya Sittisakonsin (Partner) Thanh Vinh Nguyen (Partner)
The Ever-Changing International Trade Landscape
Our Virtual Global Trade Conference was held on July 14-16, 2020. Below you will find links to the recordings and materials from the conference. Please let us know if you have any additional feedback on the sessions. Thank you for joining us virtually this year!
Day One - July 14, 2020 Current Trade and Investment Landscape o Click here to view the recording o Presentation Slides USMCA and Future US/UK Trade o Click here to view the recording o Presentation Slides Import Developments
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o Click here to view the recording o Presentation Slides Day Two - July 15, 2020 Export Control Developments o Click here to view the recording o Presentation Slides Economic Sanctions Developments o Click here to view the recording o Presentation Slides Export Sanctions Enforcement o Click here to view the recording o Presentation Slides Day 3 - July 16, 2020 The View from China and Hong Kong o Click here to view the recording o Presentation Slides Rebuilding Supply Chains o Click here to view the recording o Presentation Slides
Supplemental Links Speakers Bios
Baker McKenzie
Welcome to our first Virtual Year-End Review of Import/Export Developments Conference, a virtual offering for all our clients and friends worldwide. Baker McKenzie's international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine onehour sessions which took place from 17 to 19 November 2020.
Below you will find the topics discussed in each of the sessions. To see the recordings, please click here.
Day One - Novem ber 17, 2020
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Introduction and Overview Topics discussed:
Current Worldw ide Trade & Investment Environment New Administration's Trade Policy Objectives and Prospects Foreign Investment Regulatory Developments
Speakers: John McKenzie, Mattias Hedw all, Rod Hunter, Anahita Thoms, Junko Suetomi, Ben Smith Export Control Developm ents Topics discussed:
The Military End-User Licensing Requirements for China, Russia and Venezuela The New "Foreign Direct Product" Rule Entity List Restrictions Change in the Status of Hong Kong for Export Control Purposes Update on the Emerging and Foundational Technologies Export Control Initiative European Union Export Control Developments The Export Control Implications of Brexit
Speakers: Nick Cow ard, Alison Stafford Pow ell, Paul Amberg, Ben Smith Focus on China Topics discussed:
The Chinese National Security Law and Hong Kong The New Chinese Export Control Regulations and Update on the China Technology
Transfer Catalogue
The Regulations Implementing China's "Unreliable Entity List"
Executive Order 13943: Securing the Information and Communications Technology
and Services Supply Chain
Section 889 of the NDAA for 2019: U.S. Government restrictions on procurement of
"covered telecommunications equipment and services " from specified Chinese suppliers
Human Rights Abuses involving Minority Population of Xinjiang Province Status Report and Prospects of the "Phase One Trade Agreement"
Day Tw o - Novem ber 18, 2020 Econom ic Sanctions Developm ents Topics discussed:
Hong Kong Autonomy Act Iran Sanctions Update on Venezuelan Sanctions Update on Russian Sanctions Emerging Sanctions Issues: Cybersecurity, Human Rights, Election Interference OFAC Developments Status Report on Pending Litigation under the Helms-Burton Act involving
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investments in Cuba Speakers: Alison Stafford Pow ell, Janet Kim, Alex Lamy, Ben Smith, Vladimir Efremov Export Control and Econom ic Sanctions Enforcem ent Developm ents Topics discussed:
Department of Justice Voluntary Disclosure Guidelines Recent Export Control and Economic Sanctions Enforcement Actions EU Economic Sanctions Enforcement Actions Handling an Export Control or Economic Sanctions Enforcement Inv estigation The Role of Banks in Economic Sanctions Enforcement
Speakers: Alison Stafford Pow ell, Jessica Nall, Terry Gilroy, Tristan Grimmer Trade Agreem ents Developm ents Topics discussed:
USMCA Brexit Prospects for a United States-United Kingdom Free Trade Agreement Transpacific Partnership (w ithout the United States)
Speakers: John McKenzie, Adriana Ibarra, Stuart Seidel, Paul Burns, Jenny Revis Day Three - Novem ber 19, 2020
Im port and Custom s Developm ents: United States Topics discussed:
Overview of United States Customs Developments Update on Section 301 Duties on Products of China The Digital Services Tax Dispute Transfer Pricing and Customs Valuation
Speakers: John McKenzie, Stuart Seidel, Christine Streatfeild, Juliana Marques Im port and Custom s Developm ents: International Topics discussed:
European Customs Developments Import Developments in North America Compliance Challenges in Importing into Brazil Asia/Pacific Customs Developments
Speakers: John McKenzie, Jenny Revis, Brian Cacic, Jose Hoyos , Alessandra Machado, Ivy Tan, Junko Suetomi Rebuilding International Supply Chains Topics discussed:
Continued Pressure to Reduce Dependency on China Forced Labor and Modern Slavery and Trafficking Legislation Screening Parties against the OFAC SDN List Compliance Challenges and Due Diligence of Suppliers and Customers under the
FCPA
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Supply Chains Reimagined and the "Extended Enterprise"
Speakers: Alison Stafford Pow ell, Anne Petterd, Aleesha Fow ler, Kerry Contini, Helena Engf eldt
Our 17th Annual Global Trade and Supply Chain Webinar Series entitled, "International Trade: Basics and Trends" included the latest international trade developments and updates on Trade Wars, Brexit, Trade Agreement negotiations and key Customs, Export Controls and Sanctions developments. In addition to our usual topics of Customs and Export Controls/Sanctions, we also covered Foreign
Investment Review regimes around the world.
Our program of basic webinars covered the areas of Customs, Export Controls and Sanctions. These webinars (dates highlighted in blue) are primarily aimed at participants who are new to Global Trade and/or those who would like a refresher.
All webinars are scheduled to run for approximately 90 minutes.
All webinars are complimentary and you can sign-up for as many as you would like.
DatDate
Tue s day, January 28
Topic and Speakers
US, Brazil, EU China Trade Policy and FTA Update plus Brexit
Speakers: Stu Seidel (Washington, DC), Marcelle Silbiger (Sao Paulo), Jon Cowley (Hong Kong), Jenny Revis(London), Pablo Bentes(Geneva) and Meera Rolaz (London)
Tue s day, February 25
Basic: How to Classify Your Products (Customs)
Speakers: Jose Hoyos-Robles(Mexico City), John Foote (Washington, DC), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta)
Tue s day, March 31
Foreign Inv estment Rev iew Regimes Around the World: Focus on US, UK, Germany, Italy, and Canada
Speakers: Sylwia Lis(DC), Ross Evans (London), Anahita Thoms(Dusseldorf), Antonio Lattanzio (Rome), Yana Ermak(Toronto) Moderator: Rod Hunter (DC)
Tue s day, April 28
Basic: Key Compliance Issues under US, EU, and China Export Controls
Speakers: Lise Test (Washington, DC), Ben Smith (London), Jenny Pan (Shanghai) and Akash Sikka (London)
Tue s day, May 19
Thur s day, June 4
Thur s day, June 11
Restricted Parties Screening: Compliance Issues and Best Practices under US, EU, and Canadian Trade Sanctions and Export Controls Speakers: Meghan Hamilton (Chicago), RossDenton (London), Quentin Vander Schueren (Toronto)
USMCA: How to Claim Preferential Tariff Treatment (Part 1) Speakers: Paul Burns (Toronto), Adriana Ibarra (Mexico City), John Foote (Washington
USMCA: How to Claim Preferential Tariff Treatment (Part 2) Speakers: Eunkyung Kim Shin (Chicago), Jose Hoyos-Robles(Mexico City), Quentin Vander Schueren (Toronto)
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Thur s day, June 18
USMCA: Labor Rulesand Trade Remedies (Part 3) Speakers: John Foote (Washington), Liliana Hernandez-Salgado (Mexico City), Salvador Pasquel -Villegas
(Mexico City), Kevin Coon (Toronto)
Tuesday, June 23
Basic: How to v alue your products (Customs) Speakers: Kevin Nordin (London); Jaap HuengesWajer (Amsterdam); John McKenzie (San Francisco); Ivy Tan (Kuala Lumpur)
Tuesday, July 28
What you need to know about importing into Africa, China, Russia and the Middle East (Customs) Speakers: Virusha Subban (Johannesburg), Tina Li (Shanghai), Vladimir Efremov (Moscow), and Laya Aoun Hani (Dubai)
Tuesday, August 25
Basic: Key Compliance Issues under US, EU, and Canada trade Sanctions Speakers: Callie LeFevre (Washington, DC), Sven Bates(London), Quentin Vander
Schueren (Toronto)
Tuesday, September 29
Customs Audits and Latest Customs Dev elopments
Speakers: Andrea Dieguez (Mexico City) Nicole Looks(Frankfurt), Kelvin Hong (Kuala Lumpur), John Foote (Washington, DC)
Tuesday, October 27
Basic: How to determine the origin of your products (Customs) Speakers: Jessica Mutton (London), Mariana Rojas(Mexico City), Eukyung Kim Shin
(Chicago), Weng Keong Kok(Hong Kong)
Tuesday,
Hot Topics in US, EU, Russian Trade Sanctions and Export Controls Speakers: Inessa Owens (Washington, DC), Derk Christiaans(Amsterdam), Julian
November 24 Godfray (London), Alexander Bychkov (Moscow)
Tuesday, December 15
What you need to know about importing into Mexico, Brazil and Argentina
(Customs) Speakers: Veronica Rejon (Guadalajara), Alessandra Machado (Sao Paulo), and
Esteban Ropolo (BuenosAires
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WTO COVID-19 Trade and Trade-Related Measures
Date
Member
28-05-21 European Union
03-06-21 United Kingdom
04-06-21 Philippines
08-06-21 Brazil
16-06-21
United Arab Emirates
24-06-21 Chinese Taipei
25-06-21 Australia
The WTO has created a dedicated page on the WTO website to provide up-tothe minute trade-related information including relevant notifications by WTO members, the impact the virus has had on exports and imports and how WTO activities have been affected by the pandemic. The following list contains notifications posted by the WTO during the period covered by this Update. For earlier notifications see the WTO webpage.
Type abbreviations: TFA=Trade Facilitation Agreement, SPS=sanitary and Phytosanitary Measures, QR= Quantitative Restrictions, TBT= Technical Barriers to Trade, MA=Market Access, ER=Agriculture Transparency (dd/mm/yyyy)
Measure
Request to suspend the process and entry into force of reductions of maximum residue limits for plant protection products due to the COVID-19 pandemic G/SPS/GEN/1778/Rev.5, G/TBT/GEN/296/Rev.5 (G/SPS/GEN/1814/Rev.2 ; G/TBT/GEN/315) Follow ing consultation, the United Kingdom Government has now developed a draft of the regulation for Mandatory Validation of Covid-19 In vitro Diagnostic antigen and Molecular tests. This text w ill amend the Medical Device Regulations 2002, using pow ers provided in the Medicines and medical Devices Act 2021. The legal text is available on request. (G/TBT/N/GBR/39/Add.1). (G/TBT/N/GBR/39/Add.1) Considering the COVID-19 pandemic and consistent w ith the spirit and continuing policy of the government manifested in the pertinent objectives and the declared COVID-19 response and recovery interventions provided under Republic Act No. 11494 or the "Bayanihan to Recover As One Act", this Circular is being issued to provide the interim guidelines on the renew al of cGMP clearance of foreign drug manufacturers. (G/TBT/N/PHL/253). (G/TBT/N/PHL/253) Description of the measure: ANVISA Resolution number 483, 19 March 2021- previously notified through G/TBT/N/BRA/1154 - w hichestablishes exceptional and temporary technical requirements for the import of new medical devices and medicines identified as indispensable for the use in healthcare services due to the international public health emergency related to the SARS-CoV-2, w as amended by Resolution RDC number 516, 2 June 2021. (G/TBT/N/BRA/1154/Add.3) (G/TBT/N/BRA/1154/Add.3) Measures taken by the United Arab Emirates regarding movement of pet animals in response to the corona pandemic. (G/SPS/GEN/1918) Extension of the Implementation Period of the Temporary Alternative Arrangements of the Presentation of Original Veterinary and Phytosanitary Certificates in the Condition of COVID19 Pandemic. (G/SPS/N/TPKM/526/Add.4) Description of the measure: Extended: temporary changes to import certificate requirements for a range of imported plant-based, animal, biological and animal-based goods. (G/SPS/N/AUS/501/Add.2)
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 cop-
ies of any of these notifications, please register and log onto the Notify U.S. web-
site. 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.
International Trade Compliance Update | July 2021
76
Baker McKenzie
Member
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
Argentina Argentina
Argentina
Argentina Argentina Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Brazil
Brazil
Brazil Brazil Brazil Brazil Brazil
Brazil
ARG/246/Add.3 ARG/294/Add.8
ARG/338/Add.3
ARG/342/Add.7 ARG/368/Add.2 BHR/600
05/20/2021 05/20/2021
05/20/2021
05/20/2021 05/20/2021 06/03/2021
Not given by country
Incandescent lamps
Not given by country
All products subject to certification regimes
Not given by country
Other footw ear w ith outer soles and uppers of rubber or plastics (HS 6402), Footw ear w ith outer soles of rubber, plastics, leather or composition leather and uppers of leather (HS 6403), Footw ear w ith outer soles of rubber, plastics, leather or composition leather and uppers of textile materials (HS 6404), Other footw ear (HS 6405) - Other footw ear: (HS 64019)
Not given Furniture in general; Other furniture and parts by country thereof (HS 9403)
Not given by country
Alternating-current electricity meters
08/02/2021 Cheese (Mozzarella cheese)
BHR/601
06/04/2021 08/03/2021 Cheese (Edam cheese)
BHR/602
06/04/2021 08/03/2021 Cheese (Gouda cheese)
BHR/603
06/04/2021 08/03/2021 Cheese (Brie cheese)
BHR/604
06/04/2021 08/03/2021 Cheese (Camembert cheese)
BHR/605
06/07/2021 08/06/2021 Cheese
BHR/606 BRA/944/Add.1
BRA/997/Add.1
BRA/1189 BRA/1166/Add.1 BRA/1190 BRA/1191 BRA/325/Add.2
BRA/1104/Add.2
06/07/2021 05/31/2021
05/31/2021
05/31/2021 06/03/2021 06/03/2021 06/03/2021 06/08/2021
06/08/2021
08/06/2021 Cheese
Not given by country
Not given by country
Not given by country Not given by country Not given by country
HS Code(s): 2106, 3923 (packing material)
Medicines, medical devices, personal hygiene products, cosmetics, perfumes, sanitizers, active pharmaceutical ingredients, and food HS Code(s): 2106, 29, 2936, 2937, 2941, 3303, 3304, 3305, 3306, 3307, 340111, 340130, 3402, 340119, 340120, 330290, 9616, 9619
Regulatory Agenda of the The Brazilian Health Regulatory Agency (ANVISA)
HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004, 3006 (medical devices)
HS 85243111 Cryptographic library softw are and cryptographic service providers softw are at ICPBrazil
Not given HS 85243111 Cryptographic equipment not conby country templated in manuals of specific technical conducts
Not given by country
Not given by country
Almond of the cashew chestnut
Telephone sets, incl. telephones for cellular netw orks or for other w ireless netw orks; other apparatus for the transmission or reception of voice, images or other data, incl. apparatus for communication in a w ired or w ireless netw ork [such as a local or w ide area netw ork]; parts thereof (excl. than transmission or reception apparatus of heading 8443, 8525, 8527 or 8528) (HS 8517); Radiocommunications
International Trade Compliance Update | July 2021
77
Member
Brazil
Brazil Brazil Brazil Brazil
Brazil
Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil Brazil
Baker McKenzie
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
BRA/1154/Add.3
BRA/608/Add.2 BRA/871/Add.2 BRA/1168/Add.1 BRA/1192
BRA/1193
BRA/911/Add.3 BRA/542/Add.3 BRA/1194 BRA/1195 BRA/605/Add.5
BRA/793/Add.1
BRA/829/Add.3 BRA/893/Add.2 BRA/373/Rev.1/ Add.4/Corr.2 BRA/840/Add.3/ Corr.1
06/08/2021
06/09/2021 06/09/2021 06/09/2021 06/09/2021
06/09/2021
06/11/2021 06/15/2021 06/15/2021 06/15/2021 06/16/2021
06/16/2021
06/16/2021 06/16/2021 06/18/2021 06/18/2021
Not given by country
Provitamins and vitamins, natural or reproduced by synthesis, incl. natural concentrates, derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, w hether or not in any solvent (HS 2936); Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof "incl. chain modified polypeptides", used primarily as hormones (HS 2937); Antibiotics (HS 2941); PHARMACEUTICAL PRODUCTS (HS 30)
Not given Labelling of personal hygiene products, cosmetics by country and perfumes
Not given by country
Pharmaceutical ingredients HS Codes: 2941; 30
Not given HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004, by country 3006 (medical devices)
07/23/2021
Instruments and appliances used in medical, surgical, dental or veterinary sciences, incl. scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments, n.e.s (HS 9018)
07/08/2021
Medicaments consisting of tw o or more constituents
mixed together for therapeutic or prophylactic uses,
not in measured doses or put up for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3003);
Medicaments consisting of mixed or unmixed prod-
ucts for therapeutic or prophylactic uses, put up in measured doses "incl. those for transdermal administration" or in forms or packings for retail sale (excl.
goods of heading 3002, 3005 or 3006) (HS 3004)
Not given HS CODE: 98041000 (products of advanced theraby country pies)
Not given Child restraint devices; Baby carriages and parts by country thereof (HS 8715)
Not given by country
Flexible tubes, pipes and hoses, of plastics, reinforced or otherw ise combined w ith other materials (excl. those w ith a burst pressure of >= 27,6 MPa) (HS 391739)
Not given Pharmaceutical preparations and products of subby country headings 3006.10.10 to 3006.60.90 (HS 3006)
Not given by country
Equipment under a health surveillance
Not given by country
Net content of frozen fish fillet, toothpaste, bar w ash soap and solid bleach - HS 0304 Fish fillets frozen (w hether or not minced); 3306 Preparations for oral or dental hygiene toothpaste 340211 Soap bars; 2828 Hypochlorites; commercial calcium hypochlorite; chlorites; hypobromites.
Not given Fish, molluscs, crustaceans (HS 0304, HS 0307, by country HS 0306)
Not given by country
Industrial trans fats in foods HS 2106
Not given Mattress and mats made of flexible polyurethane by country foam (HS 9404)
Not given by country
Sardines/pre packed (HS 160413)
International Trade Compliance Update | July 2021
78
Member
Brazil Brazil Brazil Brazil Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Burundi Canada Canada Canada
Canada
Canada Chile Chile
Baker McKenzie
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
BRA/1196 BRA/53/Add.3 BRA/1051/Add.2 BRA/1171/Add.1
06/18/2021 06/22/2021 06/22/2021 06/22/2021
Not given by country
Not given by country
Not given by country
Not given by country
Pre-packaged products
Pre-packaged goods Netw orks operating in TDD (Time Division Duplex) systems HS Code(s): 38089910 (pesticides)
BDI/119
06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
BDI/120
06/08/2021
08/07/2021
Paints and varnishes (Tw o-pack epoxy zinc phosphate w eldable primer)
BDI/121
06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
BDI/122
06/08/2021
08/07/2021
Paints and varnishes (Black bituminous paints for cold application)
BDI/123
06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
BDI/124
06/14/2021
08/13/2021
Processed cultivated edible mushrooms - Specification
BDI/125
06/14/2021 08/13/2021 Canned vegetables - Specification
BDI/126
06/14/2021 08/13/2021 Pumpkin pulp flour - Specification
BDI/127 BDI/128 BDI/129 BDI/130 BDI/131 BDI/132 BDI/133 CAN/598/Add.1 CAN/643 CAN/644
CAN/645
CAN/646 CHL/552 CHL/357/Rev.1
06/14/2021 08/13/2021 Canned fruit cocktail
06/14/2021
08/13/2021
Tomato products - Specification - Part 4: Tomato concentrates (paste and puree)
06/14/2021 08/13/2021 Office paper (Diaries)
06/14/2021
08/13/2021
Other paper products (Paper sacks for packaging of cement)
06/14/2021 08/13/2021 Office paper (Exercise books and related items)
06/14/2021
08/13/2021
Paper products in general (Thermal-sensitive paper roll for printers)
06/14/2021 08/13/2021 Paper products in general (New sprint)
06/07/2021
Not given Prescription status of medicinal ingredients for huby country man use HS 3004.90
06/09/2021 08/16/2021 Radiocommunications
06/17/2021
06/17/2021
06/25/2021 05/18/2021 06/08/2021
08/26/2021 Drug Products - Pharmaceutics
09/09/2021
Livestock feeds imported under HS 2309 (preparations of a kind used in animal feeding) and livestock feeds and feed ingredients may be found in the follow ing chapters 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 23, 25, 26, 28, 29, 30, 31, 32, 35, 38, 39, 40, 44, 47.; Preparations of a kind used in animal feeding (HS 2309)
09/02/2021 Vaping Products including e-cigarettes, e-liquids
07/17/2021
Steel - Hot rolled bars and rods for the reinforcement of concrete
Not given by country
Saw n w ood
International Trade Compliance Update | July 2021
79
Member
Chile Chile Chile Chile Chile Chile Chile
Denmark
Dominica
Dominica Dominica Dominica Dominica Dominica Dominica Dominica Dominica Dominica Egypt Egypt Egypt
Baker McKenzie
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
CHL/527/Add.1 CHL/553 CHL/554 CHL/555 CHL/556 CHL/557 CHL/558
DNK/116
DMA/19
DMA/20 DMA/21 DMA/22
DMA/23 DMA/24 DMA/25 DMA/26 DMA/27 DMA/28 EGY/69/Add.1 EGY/201/Add.1 EGY/204/Add.2
05/20/2021 06/07/2021 06/07/2021 06/07/2021 06/07/2021 06/07/2021
Not given by country
Safety belts and safety-belt anchorages
08/06/2021
Floodlight luminaires (area floodlights) for public lighting
08/06/2021
Automatic change-over devices to be connected to w elded portable cylinders w eighing 45 kg
08/06/2021
Vacuum cleaners and w ater-suction cleaning appliances
Regulators w ith pressure gauge (manometer), to be 08/06/2021 connected to w elded portable cylinders for butane,
propane, and their mixtures
08/06/2021
Polyethylene union valves for gaseous fuel distribution netw orks (metric series)
06/07/2021 08/06/2021 Electrical heat pumps
06/18/2021
06/14/2021
06/14/2021 06/15/2021 06/15/2021
06/15/2021 06/15/2021 06/15/2021 06/15/2021 06/15/2021 06/15/2021 06/07/2021 06/07/2021 06/07/2021
08/17/2021
Passenger ships engaged on domestic voyages w ith a length of less than 24 meters and other passenger ships engaged on domestic voyages not covered by Directive 2009/45/ EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships, as amended, as e.g. ships built of materials other than steel or equivalent.
08/13/2021
Tractors (other than tractors of heading No. 8709) (HS 8701); Tanks and other armoured fighting vehicles, motorised, w hether or not fitted w ith w eapons, and parts of such vehicles (HS 8710)
08/13/2021 08/13/2021 08/13/2021 08/13/2021
Edible vegetables and certain roots and tubers (HS 07); Edible fruit and nuts; peel of citrus fruit or melons (HS 08)
Seeds, fruit and spores, of a kind used for sow ing (HS 1209)
Edible vegetables and certain roots and tubers (HS 07); Edible fruit and nuts; peel of citrus fruit or melons (HS 08)
Bulbs, tubers, tuberous roots, corms, crow ns and rhizomes, in grow th or in flow er; chicory plants and roots (HS 060120)
08/13/2021
Products of animal origin, not elsew here specified or included (HS 05)
08/13/2021 Other (HS 070190)
08/13/2021
Live trees and other plants; bulbs, roots and the like; cut flow ers and ornamental foliage (HS 06)
08/13/2021
08/13/2021
Not given by country Not given by country Not given by country
Products of animal origin, not elsew here specified or included (HS 05) Seeds, fruit and spores, of a kind used for sow ing (HS 1209) Hygiene products
Water heating equipment
Diapers for children and adult
International Trade Compliance Update | July 2021
80
Member
Egypt Egypt El Salvador
European Union
European Union European Union European Union European Union Guatemala Indonesia Indonesia Israel Israel Israel Israel Israel Israel Israel Israel Israel Israel Jamaica Jamaica Jamaica Jamaica Jamaica Japan Japan
Baker McKenzie
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
EGY/293
06/07/2021 08/06/2021 Packaging and distribution of goods in general
EGY/294 SLV/92/Add.1 EU/803 EU/804
06/07/2021 08/06/2021 Products of the chemical industry
05/26/2021 06/01/2021
Not given by country
07/31/2021
Cosmetic products
Chemical substance Resorcinol; Resorcinol and its salts (HS 290721); Phenols, Products of the chemical industry
06/16/2021 08/15/2021 Organic products
EU/805 EU/806 EU/807 GTM/46/Add.1 IDN/110/Add.1 IDN/112/Add.2 ISR/1119/Add.1 ISR/1166/Add.1 ISR/1027/Rev .1 / Add.1 ISR/1112/Rev.1 ISR/1207 ISR/1208
06/16/2021 08/15/2021 Organic products
06/18/2021
08/17/2021
Chemical substances; Products of the chemical industry
06/24/2021 08/23/2021 Substances
05/26/2021 06/07/2021 06/07/2021 05/31/2021 05/31/2021 06/21/2021 06/21/2021 06/22/2021
Not given by country
Cosmetic products
Not given by country
Food
Not given by country
Food Additives, Flavoring
Not given Pressure vessels; (HS: 2705, 2801, 2804, 7311, by country 8403, 841440, 841451, 841480, 845140)
Not given Wheeled child conveyances; Baby strollers; Baby by country carriages; (HS 8715)
Not given by country
Beer (HS 2203)
Not given Release of lead and cadmium from glass hollow by country w are; (HS: 7013)
08/21/2021
Edible sw eet fat-based spreads other than peanut butter
06/22/2021 08/21/2021 Luminaires; (HS: 9405)
ISR/1209
ISR/1210
ISR/1211
ISR/1212 JAM/98 JAM/99 JAM/100 JAM/101 JAM/102 JPN/691/Add.1
JPN/677/Add.1
06/22/2021 08/21/2021 Alcoholic beverages; (HS: 2208)
06/22/2021 06/22/2021 06/22/2021 06/21/2021
08/21/2021
Release of lead and cadmium from ceramic and glass tablew are; (HS: 6911, 6912, 701310)
08/21/2021
Release of lead and cadmium from ceramic and glass tablew are; (HS: 6911, 6912, 701310)
08/21/2021
Children's jew ellery; (HS: 7116, 7117, 9101, 9102, 9503, 9601, 9615);
08/20/2021 Toys and playthings
06/21/2021 08/20/2021 Toys
06/21/2021 08/20/2021 Toys 06/21/2021 08/20/2021 Toys
06/21/2021 06/01/2021 06/09/2021
08/20/2021 Toys
Not given by country
Electric w ater heaters; (HS: 851610)
Not given by country
Pharmaceutical Products (HS:30)
International Trade Compliance Update | July 2021
81
Baker McKenzie
Member
Japan Japan
Japan
Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
JPN/676/Add.1 JPN/701
JPN/702
KEN/1093 KEN/1094 KEN/1095 KEN/1096 KEN/1097
06/16/2021 06/18/2021
06/25/2021
Not given by country
Pharmaceutical Products (HS: 30)
Not given Substances w ith probable effects on the central by country nervous system
08/24/2021
Among multi-air conditioners for buildings (separate type w ith a structure in w hich tw o or more indoor units are connected to one outdoor unit, and the air temperature or humidity can be adjusted for each indoor unit), other than the follow ing: 1) Shipped on the premise of using the existing refrigerant piping; 2) Equipped w ith the structure required for refrigerant diversion in order to use cooling and heating at the same time; 3) Equipped w ith a function to suppress a decrease in heating capacity w hen the outside air temperature is low ; 4) A structure that uses w ater as a heat source; 5) A structure w ith a dedicated heat storage tank for storing heat for cooling or cooling/heating (HS 8415.10)
06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
06/08/2021
08/07/2021
Paints and varnishes (Tw o-pack epoxy zinc phosphate w eldable primer)
06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
06/08/2021
08/07/2021
Paints and varnishes (Black bituminous paints for cold application)
06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
KEN/1098 KEN/1099 KEN/1100 KEN/1101
06/10/2021 07/24/2021 Body care equipment (Menstrual tampons)
06/10/2021 06/10/2021
08/03/2021
Products of the textile industry (Disposable helmet liner)
Cooking ranges, w orking tables, ovens and similar 07/30/2021 appliances (Denatured technical alcohol for use as
cooking and appliance fuel)
06/10/2021 08/11/2021 Food products in general (Edible mushrooms)
KEN/1102
06/10/2021 08/11/2021 Fruits. Vegetables (Canned vegetables)
KEN/1103
06/10/2021 08/11/2021 Fruits. Vegetables (Canned fruit cocktail)
KEN/1104 KEN/1105 KEN/1106 KOR/923/Add.1 KOR/965
06/10/2021 08/11/2021 Fruits. Vegetables (Pumpkin pulp flour)
06/10/2021
08/11/2021
Vegetables and derived products (Tomato products)
06/24/2021 08/18/2021 Concrete structures
06/16/2021
Not given by country
Wallpapers
06/16/2021 08/15/2021 Foods
KOR/966
06/16/2021 06/15/2021 Aeronautical Radio Equipment
KOR/967
06/16/2021 08/15/2021 Foods
KOR/968
06/16/2021 08/15/2021 Food
International Trade Compliance Update | July 2021
82
Baker McKenzie
Member
Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of Korea, Republic of
Korea, Republic of
Korea, Republic of Korea, Republic of Korea, Republic of Kuw ait Kuw ait Kuw ait Kuw ait Kuw ait Kuw ait Kuw ait Macao, China
Macao, China Malaysia
Malaysia
Mexico
Nicaragua Oman Oman Oman Oman Oman Oman Oman
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
KOR/969 KOR/970 KOR/971 KOR/972 KOR/973 KOR/974 KOR/975 KOR/976
KOR/977
KOR/978 KOR/979 KOR/980 KWT/568 KWT/569 KWT/570 KWT/571 KWT/572 KWT/573 KWT/574 MAC/11/Add.1
MAC/18 MYS/104
MYS/105
MEX/389/Add.4
NIC/74/Add.1 OMN/434 OMN/435 OMN/436 OMN/437 OMN/438 OMN/439 OMN/440
06/16/2021 08/15/2021 Food and Drug Testing and Inspection Agencies
06/18/2021 08/17/2021 Electrical w arm-w ater mattresses and beds
06/18/2021 08/17/2021 Washing machines
06/18/2021 08/17/2021 Skin or Hair care appliances
06/18/2021 08/18/2021 Ironing press
06/18/2021 08/17/2021 fans
06/18/2021 08/17/2021 Luminaires
06/18/2021 08/17/2021 Circuit-breakers
A novel domestic or foreign LMOs created through 06/18/2021 08/17/2021 modern biotechnology under Article 2 (Definition) of
the LMO Act
06/22/2021 08/21/2021 Health Functional Food Products
06/22/2021 08/21/2021 Foods
06/25/2021 08/04/2021 Chemical substances, and polymers
06/03/2021 08/02/2021 Cheese (Mozzarella cheese) 06/04/2021 08/03/2021 Cheese (Edam cheese) 06/04/2021 08/03/2021 Cheese (Gouda cheese) 06/04/2021 08/03/2021 Cheese (Brie cheese)
06/04/2021 08/03/2021 Cheese (Camembert cheese)
06/07/2021 08/06/2021 Cheese
06/07/2021 08/06/2021 Cheese
06/16/2021 06/16/2021
Not given by country
Not given by country
Imported new pharmaceuticals containing new active pharmaceutical ingredients
Imported new pharmaceuticals containing new active pharmaceutical ingredients
06/09/2021 08/08/2021 Food products in general
HS: 1101.00.1100 (Fortified w heat flour); 06/09/2021 08/08/2021 1101.00.1900 (Other w heat flour); Wheat or meslin
flour (HS 1101)
05/18/2021 05/26/2021 06/03/2021
Not given by country
Meters and transformers
Not given by country
Cosmetic products
08/02/2021 Cheese (Mozzarella cheese)
06/04/2021 08/03/2021 Cheese (Edam cheese) 06/04/2021 08/03/2021 Cheese (Gouda cheese) 06/04/2021 08/03/2021 Cheese (Brie cheese) 06/04/2021 08/03/2021 Cheese (Camembert cheese) 06/07/2021 08/06/2021 Cheese
06/07/2021 08/06/2021 Cheese
International Trade Compliance Update | July 2021
83
Baker McKenzie
Member
Peru Philippines
Philippines
Philippines
Philippines
Philippines
Philippines Philippines
Philippines
Philippines Philippines Qatar Qatar Qatar Qatar Qatar Qatar Qatar Russian Federation
Notif ic ation PER/131/A dd. 1
PHL/231/Add.1
PHL/247/Rev.1
PHL/248/Rev.1
PHL/249/Rev.1
PHL/250/Rev.1
PHL/253 PHL/226/Add.1
PHL/254
PHL/255 PHL/256 QAT/589 QAT/590 QAT/591 QAT/592 QAT/593 QAT/594 QAT/595 RUS/119
Final Date
Date Issued
f or
Comments
Merchandise Covered
05/12/2021 06/01/2021
05/31/2021
05/31/2021 05/31/2021 05/31/2021 06/04/2021 06/07/2021
06/08/2021
06/08/2021 06/17/2021 06/03/2021
Not given by country
6307.90.30.00 Face-masks
Not given by country
Household/Urban Hazardous Substances (HUHS) (e.g household/urban pesticides, household cleaning agents, fresheners and deodorizers, Do-It-Yourself and Hobby Items, Toys and Childcare article products under FDA)
Not given by country
Air conditioning machines comprising a motordriven fan and elements for changing the temperature and humidity, incl. those machines in w hich the humidity cannot be separately regulated; parts thereof (HS 8415); Ventilators. Fans. Air-conditioners
Not given by country
Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps; parts thereof (excl. air conditioning machines of heading 8415) (HS 8418); Domestic electrical appliances in general
Not given by country
Domestic electrical appliances in general
Not given by country
Lamps and lighting fittings, incl. searchlights and spotlights, and parts thereof, n.e.s; illuminated signs, illuminated nameplates and the like having a permanently fixed light source, and parts thereof, n.e.s (HS 9405); Lamps and related equipment
Not given by country
Pharmaceutical products
Not given Vehicles other than railw ay or tramw ay rollingby country stock, and parts and accessories thereof (HS 87)
08/07/2021
Processed Food Products; PREPA RATIONS OF MEAT, OF FISH OR OF CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES (HS 16); SUGARS AND SUGAR CONFECTIONERY (HS 17); COCOA AND COCOA PREPARATIONS (HS 18); PREPA RATIONS OF VEGETABLES, FRUIT, NUTS OR OTHER PARTS OF PLANTS (HS 20); MISCELLA NEOUS EDIBLE PREPARA TIONS (HS 21); BEVERAGES, SPIRITS AND VINEGAR (HS 22)
08/07/2021 Iron-Rice Premix
Not given by country
Wood products; (HS 4401, 4402, 4403, 4404, 4405, 4406, 4407, 4408, 4409, 4410, 4411, 4412, 4413, 4702, 4703, 4704, 4705)
08/02/2021 Cheese (Mozzarella cheese)
06/04/2021 08/03/2021 Cheese (Edam cheese)
06/04/2021 08/03/2021 Cheese (Gouda cheese)
06/04/2021 08/03/2021 Cheese (Brie cheese)
06/04/2021 08/03/2021 Cheese (Camembert cheese)
06/07/2021 08/06/2021 Cheese
06/07/2021 08/06/2021 Cheese
06/08/2021 8/26/2021 Machines and equipment
International Trade Compliance Update | July 2021
84
Baker McKenzie
Member
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
Rw anda Rw anda Rw anda Rw anda Rw anda Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia
RWA/454 RWA/455 RWA/456 RWA/457 RWA/458
06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
06/08/2021
08/07/2021
Paints and varnishes (Tw o-pack epoxy zinc phosphate w eldable primer)
06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
06/08/2021
08/07/2021
Paints and varnishes (Black bituminous paints for cold application)
06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
SAU/1193
06/03/2021 08/02/2021 Cheese (Mozzarella cheese)
SAU/1194
06/04/2021 08/03/2021 Cheese (Edam cheese)
SAU/1195
06/04/2021 08/03/2021 Cheese (Gouda cheese)
SAU/1196
06/04/2021 08/03/2021 Cheese (Brie cheese)
SAU/1197
06/04/2021 08/03/2021 Cheese (Camembert cheese)
SAU/1174/Add.2
06/07/2021
Not given by country
Water heating equipment
SAU/1198
06/07/2021 08/06/2021 Cheese
SAU/1199
06/07/2021 08/06/2021 Cheese
Separate Customs
Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei)
TPKM/409/Add. 1/Corr.1
05/31/2021
Not given by country
Medical equipment
Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei)
TPKM/420/Add. 1
Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei)
TPKM/442/Add. 1
Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei)
TPKM/459
Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei)
TPKM/442/Add. 1/Corr.1
Separate Customs
TPKM/447/Add.
Territory of Taiw an, Penghu, 1
05/31/2021
Not given Medical Devices; Biological evaluation of medical by country devices
06/08/2021 06/10/2021 06/17/2021
Not given by country
Condoms (4014.10.00.10;4014.10.00.90), Medical masks (6307.90.50.31); Sheath contraceptives, of vulcanised rubber (excl. hard rubber) (HS 401410); Made-up articles of textile materials, incl. dress patterns, n.e.s (HS 630790)
08/09/2021
Fabric Steamers (CCCN 8516.40.00.00.3C and 8516.79.00.00.7D); Electric smoothing irons (HS 851640); Electro-thermic appliances, for domestic use (excl. hairdressing appliances and hand dryers, space-heating and soil-heating apparatus, w ater heaters, immersion heaters, smoothing irons, microw ave ovens, ovens, cookers, cooking plates, boiling rings, grillers, roasters, coffee makers, tea makers and toasters) (HS 851679)
Not given by country
Condoms (4014.10.00.10;4014.10.00.90), Medical masks (6307.90.50.31); Sheath contraceptives, of vulcanised rubber (excl. hard rubber) (HS 401410); Made-up articles of textile materials, incl. dress patterns, n.e.s (HS 630790)
06/18/2021
Not given by country
Food ingredient to be used in food
International Trade Compliance Update | July 2021
85
Baker McKenzie
Member
Notif ic ation
Kinmen and Matsu (Chinese Taipei)
Singapore
SGP/58/Add.1
Singapore
SGP/60/Add.1
Sw eden
SWE/139
Sw itzerland
CHE/255
Sw itzerland Tanzania Tanzania Tanzania Tanzania Tanzania
Tanzania
Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania
CHE/258 TZA/600 TZA/601 TZA/602 TZA/603 TZA/604
TZA/605
TZA/606 TZA/607 TZA/608 TZA/609 TZA/610 TZA/611 TZA/612 TZA/613
Final Date
Date Issued
f or
Comments
Merchandise Covered
06/22/2021
Not given Water-closet flush valves (HS 7324.90.10, by country 7324.90.93, 8481.80.50)
06/22/2021
Not given by country
1) Front and top load w asher extractors 2) Undercounter and hood dishw ashers 3) High pressure w ashers National tariff headings (HS: 1) 8451.40.00, 2) 8422.19.00, 3) 8424.30)
06/16/2021
08/15/2021
Radioactive w aste and spent fuel from nuclear facilities; NUCLEA R REACTORS, BOILERS, MACHINERY AND MECHA NICAL APPLIANCES; PARTS THEREOF (HS 84)
05/11/2021
07/10/2021
Chemical products, biocidal products, phytosanitary products and fertilizers; Inorganic chemicals; Organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes (HS 28); Organic chemicals (HS 29); Fertilizers (HS 31); Soap, organic surface-active agents, w ashing preparations, lubricating preparations, artificial w axes, prepared w axes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental w axes" and dental preparations w ith a basis of plaster (HS 34); Miscellaneous chemical products (HS 38)
06/21/2021 08/20/2021 In vitro diagnostic medical devices
05/31/2021 05/31/2021
07/30/2021 07/30/2021
Paper products in general (Exercise books and related items)
Other paper products (Paper sacks for packaging of cement)
05/31/2021 07/30/2021 Office paper (Diaries)
05/31/2021 07/30/2021 Paper products in general (New sprint)
05/31/2021 05/31/2021
07/30/2021 07/30/2021
Paper products in general (Thermal-sensitive paper roll for printers)
Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid (HS 2001)
06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
06/08/2021
08/07/2021
Paints and varnishes (Tw o-pack epoxy zinc phosphate w eldable primer)
06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
06/08/2021
08/07/2021
Paints and varnishes (Black bituminous paints for cold application)
06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
06/09/2021 06/09/2021 06/09/2021
08/08/2021 08/08/2021 08/08/2021
Fruits, vegetables and derived products in general (Tomato products)
Fruits, vegetables and derived products in general (Edible mushrooms)
Fruits, vegetables and derived products in general (Canned vegetables)
International Trade Compliance Update | July 2021
86
Baker McKenzie
Member
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
Tanzania Tanzania
TZA/614 TZA/615
Thailand
Thailand Thailand Thailand Thailand Thailand Thailand
THA/617
THA/618 THA/619 THA/620 THA/621 THA/622 THA/580/Add.1
Thailand
THA/623
Trinidad and Tobago Trinidad and Tobago Turkey Turkey
TTO/129 TTO/130 TUR/182/Add.1 TUR/184
Turkey
TUR/185
Uganda Uganda Uganda Uganda Uganda Uganda
UGA/1334 UGA/1335 UGA/1336 UGA/1337 UGA/1338 UGA/1339
06/09/2021 06/09/2021 06/08/2021
08/08/2021
Fruits, vegetables and derived products in general (Canned fruit cocktail)
08/08/2021
Fruits, vegetables and derived products in general (Pumpkin pulp flour)
Audio, video and audiovisual systems in general 08/07/2021 (Audio/video, information and communication tech-
nology equipment)
06/09/2021 07/15/2021 Plastic bags for food
06/09/2021 07/15/2021 Plastic utensils for food
06/09/2021 07/15/2021 Plastic utensils for food
06/09/2021 07/15/2021 Plastic utensils for food
06/09/2021 07/15/2021 Microw aveable food plastic bag for reheating
06/14/2021 06/14/2021 06/10/2021
Not given by country
Tea infusion (HS code 0902)
Food products containing cannabidiol extract, bev07/14/2021 erage and food supplement containing cannabidiol
extract
08/09/2021
Non-refractory mortars and concretes (HS 382450) (Ready-mixed concrete)
06/14/2021 08/13/2021 Cables
06/16/2021
Not given by country
Electric motors and variable speed drives
06/17/2021 07/03/2021 Aerosol Dispensers
06/17/2021
06/08/2021 06/08/2021 06/08/2021 06/08/2021 06/08/2021 06/08/2021
08/16/2021
Cosmetic products, any substance or mixture intended to be placed in contact w ith the external parts of the human body (epidermis, hair system, nails, lips, and external genital organs) or w ith the teeth and the mucous membranes of the oral cavity w ith a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours, are covered.
Sodium hypochlorite for w ater treatment; Hypo08/07/2021 chlorites, chlorites and hypobromites (excl. calcium
hypochlorites) (HS 282890)
Polyamines; Acyclic polyamines and their deriva08/07/2021 tives; salts thereof (excl. ethylenediamine and hexa-
methylenediamine, and their salts) (HS 292129)
08/07/2021
Bath oil; Perfumed bath salts and other bath and show er preparations (HS 330730)
08/07/2021
Articles of apparel and clothing accessories, for all purposes, of vulcanised rubber (excl. hard rubber and footw ear and headgear and parts thereof, and gloves, mittens and mitts) (HS 401590)
08/07/2021
Gloves, mittens and mitts, of vulcanised rubber (excl. surgical gloves) (HS 401519)
Tomatoes, prepared or preserved otherw ise than by 08/07/2021 vinegar or acetic acid (excl. w hole or in pieces) (HS
200290)
International Trade Compliance Update | July 2021
87
Member
Uganda Uganda
Uganda
Uganda Uganda Uganda Uganda Uganda Uganda
Uganda
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Ukraine Ukraine Ukraine
Baker McKenzie
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
UGA/1340 UGA/1341
UGA/1342
UGA/1343 UGA/1344 UGA/1345 UGA/1346 UGA/1347 UGA/1348
UGA/1349
UGA/1350
Edible mushrooms; Fresh or chilled edible mush-
06/08/2021 08/07/2021 rooms and truffles (excl. mushrooms of the genus "Agaricus") (HS 070959)
06/08/2021 08/07/2021 Canned vegetables
06/08/2021 06/08/2021
08/07/2021
Canned fruit cocktail; Fruit and other edible parts of plants, prepared or preserved, w hether or not containing added sugar or other sw eetening matter or spirit (excl. prepared or preserved w ith vinegar, preserved w ith sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit pure and pastes, obtained by cooking, and nuts, groundnuts and other seeds, pineapples, citrus fruits, pears, apricots, cherries, peaches, straw berries, palm hearts and cranberries) (HS 200899)
08/07/2021
Pumpkin pulp flour; Food preparations, n.e.s (HS 210690)
06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
06/08/2021
08/07/2021
Paints and varnishes (Tw o-pack epoxy zinc phosphate w eldable primer)
06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
06/08/2021
08/07/2021
Paints and varnishes (Black bituminous paints for cold application)
06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
06/14/2021
08/13/2021
Ceramic/pottery handicrafts; Basketw ork, w ickerw ork and other articles, made directly to shape from non-vegetable plaiting materials or made up from goods of non-vegetable plaiting materials of heading 4601 (excl. w allcoverings of heading 4814; tw ine, cord and rope; footw are and headgear and parts thereof; vehicles and vehicle superstructures; goods of chapter 94, e.g. furniture, lighting fixtures) (HS 460290)
06/14/2021 08/13/2021 (HS 62) (Textiles - Garments)
UGA/1351
06/14/2021 08/13/2021 (HS 6105, 6106 ) (Garments - shirts)
UGA/1352
06/14/2021 08/13/2021 Trousers, Shorts (HS 6103)
UGA/1353
06/14/2021 08/13/2021 (HS 6104) (Skirts and dresses)
UGA/1354
06/14/2021 08/13/2021 Jackets (HS 6103 , 6104)
UGA/1355
06/14/2021 08/13/2021 Boxers (HS 6107)
UGA/1356
06/14/2021 08/13/2021 (HS 6107, 6108) (Underw ear - Briefs)
UGA/1357
06/14/2021 08/13/2021 (HS 6108) (Underw ear - Panties)
UKR/193 UKR/194 UKR/151/Add.2
06/07/2021 08/06/2021 Ventilation systems
06/07/2021 06/15/2021
08/06/2021
Not given by country
Local heaters w ith a rated thermal input of 50 kW or less and commercial local heaters w ith a rated thermal input or a single segment of 120 kW or less
Equipment for use outdoors
International Trade Compliance Update | July 2021
88
Baker McKenzie
Member
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
Ukraine Ukraine
Ukraine
United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Kingdom United States United States United States
United States
United States United States United States United States United States United States United States United States
United States
United States
UKR/182/Add.1 UKR/185/Add.1
UKR/195
06/15/2021 06/15/2021
06/16/2021
Not given by country
Detergents
Not given by country
Natural mineral w ater and spring w ater
08/15/2021
Electric mains-operated blast cabinets, and electric mains-operated professional refrigerated storage cabinets including those sold for the refrigeration of foodstuffs and animal feed, condensing units operating at low or medium temperature or both
ARE/499
06/03/2021 08/02/2021 Cheese (Mozzarella cheese)
ARE/500
06/04/2021 08/03/2021 Cheese (Edam cheese)
ARE/501
06/04/2021 08/03/2021 Cheese (Gouda cheese)
ARE/502
06/04/2021 08/03/2021 Cheese (Brie cheese)
ARE/503
06/04/2021 08/03/2021 Cheese (Camembert cheese)
ARE/504
06/07/2021 08/06/2021 Cheese
ARE/505
06/07/2021 08/06/2021 Cheese
GBR/39/Add.1 USA/931/Rev.1/ Add.1 USA/1727/Add.1 USA/1736
USA/1600/Rev.1
USA/649/Rev.1 USA/861/Add.7 USA/996/Add.3 USA/1062/Add.7 USA/1737 USA/1623/Add.1 USA/1628/Add.1 USA/1635/Add.1
USA/1642/Add.1
USA/1671/Add.1
06/03/2021 05/31/2021 05/31/2021 05/31/2021
06/03/2021
06/07/2021 06/07/2021 06/07/2021 06/07/2021 06/07/2021 06/09/2021 06/09/2021 06/09/2021 06/09/2021 06/09/2021
Not given by country
Covid-19 detection test regulation HS 3822
Not given by country
Ceiling fans
Not given Broadband and mobile services, w ireless telecomby country munications
06/28/2021
Broadband and mobile services, w ireless telecommunications
Not given by country
Portable air conditioners; Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in w hich the humidity cannot be separately regulated (HS 8415)
Not given by country
Fluorescent lamps, incandescent lamps (HS 9405)
Not given by country
Ceiling fans
Not given by country
Residential dehumidifiers
Not given by country
Ceiling fans (HS 8414.51)
07/12/2021
Animal confinement; LIVE ANIMALS (HS 01); Quality, Farming and forestry
Not given by country
Chemical substances
Not given by country
Chemical substances
Not given by country
Chemical substances
Not given by country
Children's products; Furniture and parts thereof, n.e.s. (excl. seats and medical, surgical, dental or veterinary furniture) (HS 9403)
Not given by country
Chemical substances
International Trade Compliance Update | July 2021
89
Member
United States United States United States United States
United States
United States United States
United States
United States
Viet Nam Yemen Yemen Yemen Yemen Yemen Yemen Yemen Yemen
Baker McKenzie
Notif ic ation
Final Date
Date Issued
f or
Comments
Merchandise Covered
USA/1708/Add.1 USA/446/Add.1 USA/865/Add.2 USA/1738
USA/1739
06/09/2021 06/14/2021 06/14/2021 06/14/2021
06/14/2021
Not given by country
Model 737-800 airplane; structure-mounted airbags
Not given Milk and cream products and yogurt products (HS by country 0403.10, 1901.90)
Not given by country
Commercial refrigeration equipment (HS 8415)
08/09/2021 Unfired hot w ater storage tanks
09/08/2021
Firearms equipped w ith stabilizing braces; Revolvers and pistols (excl. those of heading 9303 or 9304 and sub-machine guns for military purposes) (HS 9302); Parts and accessories for w eapons and the like of heading 9301 to 9304, n.e.s (HS 9305)
USA/1740 USA/1652/Add.2
USA/1654/Add.2
USA/1189/Rev.1 /Add.2
06/14/2021 06/16/2021 06/16/2021
06/18/2021
07/12/2021 Not given by country
Not given by country
Not given by country
Chemical substances
Split peas; Fresh or chilled peas "Pisum sativum", shelled or unshelled (HS 070810)
Lentils; Fresh or chilled leguminous vegetables, shelled or unshelled (excl. peas "Pisum sativum" and beans "Vigna spp., Phaseolus spp.") (HS 070890); Dried, shelled lentils, w hether or not skinned or split (HS 071340)
Walk-in coolers and w alk-in freezers. Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15 (HS 8418)
VNM/193
06/21/2021 08/20/2021 Product and goods in general
YEM/195
06/03/2021 08/02/2021 Cheese (Mozzarella cheese)
YEM/196
06/04/2021 08/03/2021 Cheese (Edam cheese)
YEM/197
06/04/2021 08/03/2021 Cheese (Gouda cheese)
YEM/198
06/04/2021 08/03/2021 Cheese (Brie cheese)
YEM/199
06/04/2021 08/03/2021 Cheese (Camembert cheese)
YEM/200
06/07/2021 08/06/2021 Cheese
YEM/201
06/07/2021 08/06/2021 Cheese
YEM/202
06/22/2021 08/21/2021 Cosmetics. Toiletries
CBP RULINGS: DOWNLOADS AND SEARCHES
As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 204,000 such rulings are in the database.
International Trade Compliance Update | July 2021
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Baker McKenzie
CBP RULINGS: REVOCATIONS OR MODIFICATIONS
The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. 1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise.
Published in CBP Bulletin (P) Proposed
(A) Action
Product(s) or Issue(s)
Ruling(s) to be Modified (M) or
Rev oked (R)
Old Classification or Po-
sition
New Ruling
New Classification or Position
Comments Due (C) or Effectiv e
Date (E)
PROPOSED REVOCATIONS/MODIFICATIONS
(P) 06-09-21 (P) 06-16-21
Tariff classification of a
Portable Food Allergen Detection Device, Single-Use
NY N305614
Pods and a Starter Kit
Tariff classification of a certain devices know n as net- NY N301141 w ork adapters
9027.50.80
M
Sec. 301 does not ap-
ply
HQ H316429
Products are subject to sec. 301 remedy if products of China
(9903.88.01)
(C) 07-09-21
R 8517.62.0020 HQ H316155 8517.62.0090 [GRI 1, 6; (C) 07-16-21
Tariff classification of Wi-Fi infrared motion sensors
NY N255515
8543.70.40 M (now
8543.70.45)
HQ H276956 8531.80.90 [GRI 1, 6]
(P) 06-23-21 Tariff classification of certain hearing amplification
devices
NY N283085
NY N166443 NY N025447 NY D80822
R 9021.40.00
HQ H313006
8518.40.20 [GRI 1, 3(b), 6 ; Sec. XVI N1(m); EN]
(C) 07-23-21
8518.40.20 [GRI 1, 6 ; Sec. XVI N1(m); EN]
REVOC ATI ON S/M OD I F I CATI ON S
Tariff classification of hard NY N315004
seltzer
NY N313678
R 2203.00.00
HQ H314978 2206.00.90 [GRI 1; ENs]
(A) 06-02-21
Country of origin of certain w ristwatches produced in
more than one country
HQ H304105 HQ H047115
NY N086942
Watch=c/o of movement but M c/o of case HQ H306338 did not change
6117.80.95
Duty of movement, case
and battery=c/o
(E) 08-01-21
movement; duty of
w ristband=separate c/o
[Chap 91 AUSN 1-3]
(A) 06-09-21
NY N080395
Tariff classification of textile NY N003909
leg coverings.
NY G88706
NY D85843
NY D83322
M 6117
HQ H239482
6406.90.15 [GRI 1, 6; Sec. XI Note 1(n); ENs]
(E) 08-08-21
NY F86134
(A) 06-23-21
Tariff classification of certain mineral stones--spe-
NY N004112
cifically, amber, selenite, NY N004200
calcite and aragonite
NY N015557
R 9705.00.00
2530.90.80 (amber) 9602.00.50 (buffed tones)
HQ H311301 2520.10.00 (selenite)
7103.10.20 (argonite)
(E) 08-22-21
[GRI 1; Chaps.25, 71,, 96,97 LNs; Ens]
International Trade Compliance Update | July 2021
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Baker McKenzie
EUROPEAN CLASSIFICATION REGULATIONS
The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.
Commission
Implemen tin g Regulation
Description of the goods
Clas s if ic ation (CN code)
Reasons
A flexible article (so-called pool noodle) made of cellular plastics (plastic foam) in the shape of a hollow tube of a length of approximately 1 m and a diameter of approximately 8 cm. The article floats on w ater and is presented to be used as a buoyancy aid, complying w ith a European standard for buoyancy aids for sw imming instruction (EN 131382:2014). The article is also shock-absorbent and thermally insulating. See images (EU) 2021/909 31-05-21
Cermet sticks w ith a uniform round crosssection. The articles of varying lengths and diameters can be solid or they can be perforated and have cooling channels, w ith blunt ends. Some of the articles may also have been chamfered. The articles are made of cermet, namely of sintered metal carbide on the basis of tung(EU) 2021/910 sten carbide w ith cobalt as the binding sub31-05-21 stance. Based on their low degree of processing, simple form and shape, the articles can be used for a w ide range of uses, for example, as reinforcement elements. If further processed, the articles may be used for tools and as tools.
3926 90 97 8113 00 90
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the w ording of CN codes 3926, 3926 90 and 3926 90 97 .
Classification under heading 9506 as articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games is excluded, because due to its simple, common shape the article cannot be identified as an article designed for physical exercise or sports of heading 9506, although due to its floating abilities the article complies w ith the standard for buoyancy aids for sw imming instructions. Moreover, due to its simple shape and common material, the article could be used for various purposes (for example, as shock absorbing protective products that are w rapped around poles, thermal insulation products that are w rapped around pipes, products for the amusement of kids).
Likew ise, classification under heading 9503 as other toys is excluded, because the article cannot clearly be identified as an article for the amusement of kids or adults given its design.
Consequently, the article is to be classified according to its constituent material (plastics).
The article is therefore to be classified under CN code 3926 90 97 as other articles of plastics.
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 4 to Section XV and by the w ording of the CN codes 8113 00 and 8113 00 90.
Classification under CN code 8209 00 80 as sticks and the like for tools, unmounted, of cermets is excluded as the articles can be used for tools and as tools only if further processed and are also suitable for other uses.
The articles fall w ithin the scope of heading 8113 , w hich covers cermets, w hether unw rought or in the form of articles not elsew here specified in the Combined Nomenclature (see also Harmonized System Explanatory Notes to heading 8113 , sixth paragraph).
Consequently, the articles are to be classified under CN code 8113 00 90 as cermets and other articles thereof.
International Trade Compliance Update | July 2021
92
Baker McKenzie
Commission
Implemen tin g Regulation
Description of the goods
Clas s if ic ation (CN code)
Reasons
Furniture rollers consisting of: -- a w ood-based panel (fibreboard panel
w ith rounded corners and edges); -- plastic anti-slip pads on the upper side of
the panel; -- plastic rollers; -- metal brackets in order to mount the
plastic rollers on the underside of the panels. The article has a handle recess in order to carry the article, for example, by hand or to suspend the article on a w all. The article is designed to be used for transportation of various objects, notably of furniture and of any other heavy objects. (see image) (EU) 2021/911 31-05-21
A modular article w ith sound absorbing and sound insulating properties (so called `Room in room system'). When assembled, it measures approximately 3 m in w idth, betw een 2 and 6 m in length and 2,3 m in height, and its w alls have a thickness of approximately 40 mm. (EU) 2021/956 It consists of a cubical frame made of alu31-05-21 minium, joined by a series of metal corners and panels, w hich are placed on the sides and the top of the structure. Each panel consists of a printed polyester acoustic layer of fireproof fabric on one side and a laminated w ood particles board on the other side. The interior of the panel is padded w ith rock w ool (100 kg/m3 density).
4421 99 10 7610 90 90
Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 3 to Chapter 44 and by the w ording of the CN codes 4421, 4421 99 and 4421 99 10.
Classification under CN code 8716 80 00 as other vehicles, not mechanically propelled is excluded as the objective characteristics and properties of the article do not fully correspond w ith the terms of heading 8716 and CN code 8716 80 00.
Given its objective characteristics and properties, including a handle recess not used for pushing the article by foot or by hand, and its design for transportation of heavy objects such as furniture by pushing the objects, the article is not designed to be tow ed by other vehicles, to be pushed or pulled by hand, to be pushed by foot or to be draw n by animals (see also the Harmonized System Explanatory Notes to heading 8716, second paragraph).
The article cannot be deemed to be a vehicle since it lacks some of the characteristics and properties of a hand- or foot-propelled vehicle of heading 8716 by not being a cart, a truck, a barrow or a trolley or by not being composed of a specific part of a vehicle such as a chassis.
Consequently, the article is to be classified according to its constituent material.
The article is a composite product consisting of different materials (w ood, plastic and metal). The component that gives the article its essential character is w ood, as the w ooden panel constitutes the main part of the composite product and as the w ooden panel is of most significance for the intended use of the article.
Consequently, the article is to be classified under CN code 4421 99 10 as other articles of fibreboard.
Classification is determined by general rules 1, 2(a), 3(b) and 6 for the interpretation of the Combined Nomenclature, and by the w ording of CN codes 7610 , 7610 90 and 7610 90 90 .
Classification under heading 9406 is excluded as the article is not a stand-alone complete or incomplete `prefabricated building' as it can be considered neither housing, w orksite accommodation nor similar building (see also note 4 to Chapter 94 and the Harmonized System Explanatory Notes to heading 9406 ). It is not suitable for outdoor use as it is not considered to be w eatherproof. The article is a special construction to be erected inside an existing finished building.
The article is a composite product, w here the essential character is given by the constructive ele-
International Trade Compliance Update | July 2021
93
Baker McKenzie
Commission
Implemen tin g Regulation
Description of the goods
Clas s if ic ation (CN code)
Reasons
The ceiling is made of polyester panels and support aluminium joists. The article is also fitted w ith a door, w indow s, an LED lighting system and a ventilation system.
The article is designed as a special construction to be erected inside an existing finished building, as it offers no w eather protection. It is presented to be used in openplan offices as an enclosed area for confidential discussions, or to create a quiet zone.
See image
ment (aluminium frame). It is therefore to be classified according to the constituent material of that component.
Consequently, the article is to be classified under CN code 7610 90 90 as other aluminium structures.
Oval shaped article measuring approximately 180 cm in length and 95 cm at its w idest point. It consists of a loosely crocheted textile fabric creating a net-like structure attached to an inflatable tube of plastics framing the textile fabric. An inflatable pillow of plastics is attached to one side of the tube. The tube and pillow are completely encased by a w oven textile fabric of synthetic filament yarn.
(EU) 2021/957 The external surface of the article is com31-05-21 pletely of textile materials, w hich prevail over the plastics in volume. Especially the net-like structure w here a user lies is exclusively of textile material. How ever, plastics prevail over the textile materials in w eight and value.
The article is designed to float on w ater, similarly to a pneumatic w ater mattress.
See image
6306 90 00
Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the Combined Nomenclature (CN), by note 7(f) to Section XI of the CN and by the w ording of CN codes 6306 and 6306 90 00 .
The article is a composite good consisting of different materials (textile fabrics and plastics) w ithin the meaning of GIR 3(b).
Classification under CN code 3926 90 97 as other articles of plastics is excluded, because the article has the objective characteristics of a textile article w hen looked at, touched or lied on due to its external surface material of exclusively textile material. Although the plastics play an important role in relation to the use of the article as a floating device, the net-like textile fabrics in the middle are essential to allow a person to lie on the device w hile floating. Therefore, overall the textile materials (external surface material, crocheted net-like textile fabric) give the article its essential character w ithin the meaning of GIR 3(b).
International Trade Compliance Update | July 2021
94
Commission
Implemen tin g Regulation
Description of the goods
Baker McKenzie
Clas s if ic ation (CN code)
Reasons
Given the objective characteristics of the article (designed to be taken along to different places and to be used there temporarily, lightw eight, easy to transport and to set-up, similarity to pneumatic mattresses) it is an article for camping. See also the CN Explanatory Note to heading 6306 90 00 and the Harmonized System Explanatory Notes to 6306 , first paragraph, point (5).
The article is therefore to be classified under CN code 6306 90 00 as camping goods.
SECTION 337 ACTIONS
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C. 1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the importation of articles, importation and sale in the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337.
Inv.
Commodity
Action
337TA1159 337TA1166 337TA1167 337TA1181 337TA1186 337TA1246
Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Processes Therefor
Certain Foodservice Equipment and Components Thereof
Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof
Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same
Certain Balance Armature Devices, Products Containing Same, and Components Thereof
Certain Integrated Circuits and Products Containing the Same
(RESCISSION)] Commission Decision to Institute a Rescission Proceeding; Permanent Rescission of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Rescission Proceeding
Notice of Request for Submissions on the Public Interest
Notice of Request for Submissions on the Public Interest
Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation
Notice of Request for Submissions on the Public Interest
[This was originally posted on the Public Inspection website but was withdrawn due to cancellation of the [Federal Register due to the Junettenth holiday]
Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Terminate the Investigation Based on Settlement; Termination of the Investigation
International Trade Compliance Update | July 2021
95
Baker McKenzie
Inv.
Commodity
Action
337TA1249 337TA1250 337TA1251 337TA1257 337TA1259 337TA1260 337TA1267
Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (I)
Commission Determination Not to Review an Initial Determination Granting a Joint Motion to Terminate the Investigation Based on Settlement; Termination of the Investigation
Certain Cellular Signal Boosters, Repeat-
ers, Bi-Directional Amplifiers, and Components Thereof (II)
Commission Determination Not To Review an Initial Determination
Terminating the Investigation Based on Settlement; Termination of the Investigation
Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (III);
Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
Certain Organic Light-Emitting Diode Displays, Components Thereof, and Products Containing Same
Commission Determination Not to Review Tw o Initial Determinations Terminating the Investigation w ith Respect to Certain Respondents; Termination of Investigation
Certain Toner Supply Containers and Components Thereof (I)
Notice of Commission Determination Not to Review an Initial Determination Granting Complainants' Motion for Leave to Amend the
Complaint and Notice of Investigation
Certain Toner Supply Containers and Com-
Commission Determination Not To Review an Initial Determination Granting Complainants ' Unopposed Motion To Amend the Com-
ponents Thereof (II)
plaint and Notice of Investigation
Certain Pow er Inverters and Converters, Vehicles Containing the Same, and Components Thereof
Institution of an investigation based on a complaint filed on behalf of Arigna Technology Limited 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 3550 DN 3551
Certain Netw orking Devices, Computers, and Components Thereof
Certain Casual Footw ear and Packaging Thereof
DN 3552
Certain Silicon Photovoltaic Cells and Modules w ith Nanostructures, and Products Containing the Same
DN 3553 Certain Integrated Circuits and Products Containing Same
Complaint filed on behalf of:
Proven Netw orks, LLC
Crocs, Inc. Advanced Silicon Group Technologies, LLC
[This was originally posted on the Public Inspection website but was withdrawn due to cancellation of the [Federal Register due to the Junettenth holiday]
MediaTek Inc. and MediaTek USA Inc.
ANTIDUMPING, COUNTERVAILING DUTY AND SAFEGUARDS INVESTIGATIONS, ORDERS & REVIEWS
In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value.
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
C580879
Certain Corrosion-Resistant Steel Products From S. Korea
Action
Final Results and Partial Rescission of CVD Administrative Review ; 2018
International Trade Compliance Update | July 2021
96
Baker McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A523808
C560829 A533875 A570947 C570948 A602807 A351842 A570022 A570051 C570052 C533902
A823808
C570957
C489502
A549843
A560838
A557823
A552832
A570137
A351842
A471807 A560837 A475843 A557819 A791826 A583856 A570026 C570027 A570026 C570027 C570023
A570888
Certain Steel Nails From Oman
Certain Uncoated Paper From Indonesia Fine Denier Polyester Staple Fiber From India
Preliminary Results of ADD Administrative Review and Partial Rescission of ADD Administrative Review ; 2019-2020
Final Results of the Expedited First Five-Year Sunset Review of the CVD Order
Final Results of ADD Administrative Review ; 2018-2019
Steel Grating From China
Continuation of AD and CVD Orders
A560828 A471807
Uncoated Paper From Australia, Brazil, China, Indonesia, and Portugal
Final Results of the Expedited First Sunset Review s of the ADD Orders
Certain Hardw ood Plyw ood Products From China
Final Results of Changed Circumstances Review s, and Revocation of the AD and CVD Orders in Part
Organic Soybean Meal From India
Postponement of Preliminary Determination in the CVD Investigation
Certain Cut-to-Length Carbon Steel Plate From Ukraine
Agreement Suspending the AD Investigation; Final Results of Administrative Review ; 20182019
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From China
Final Results of Expedited Second Sunset Review of the CVD Order
Circular Welded Carbon Steel Pipes and Tubes From Turkey
Preliminary Results of CVD Administrative Review and Intent To Rescind the Review , in Part; Calendar Year 2019
Polyester Textured Yarn From Thailand
Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures
Polyester Textured Yarn From Indonesia
Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures
Polyester Textured Yarn From Malaysia
Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures
Polyester Textured Yarn From Vietnam
Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures
Pentafluoroethane (R125) From China
Postponement of Preliminary Determination in the LTFV Investigation
Certain Uncoated Paper From Brazil
Preliminary Results of the ADD Administrative Review and Preliminary Successor-in-Interest Determination; 2019-2020
Certain Uncoated Paper From Portugal
Preliminary Results of the Administrative Review of the ADD Order; 2019-2020
A469821 A723001 A823817
Prestressed Concrete Steel Wire
Strand From Indonesia, Italy, Malaysia, South Africa, Spain,
ADD Orders
Tunisia, and Ukraine
Certain Corrosion-Resistant Steel Products From Taiw an
Affirmative Final Determination of Circumvention Involving Malaysia
Certain Corrosion-Resistant Steel Products From China
Final Determination of Circumvention Involving Malaysia
Certain Corrosion-Resistant Steel Products From China
Negative Final Determination of Circumvention Involving South Africa
Certain Uncoated Paper From China
Final Results of the Expedited Five-Year Sunset Review of the CVD Order
Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From China
Final Results of Expedited Third Sunset Review of the A DD Order
International Trade Compliance Update | July 2021
97
Baker McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
C533825 A570001 A475059 A570956
A570044
C570142
A549502 A570010 C570011 A351849
A583844 C570059 C533874 A583854
A351849 C557822
A580867
A583869 A570007 A570893
A570051 C570052 A570092 A533810 A533899 A821829 A533838 A570892 C533839 C570971 A570040 A580874 A557816 A523808 A201853
Polyethylene Terephthalate Film, Sheet, and Strip From India
Final Results of CVD Administrative Review ; 2018; Correction
Potassium Permanganate From China
Final Results of Expedited Fifth Sunset Review of the ADD Order
Pressure Sensitive Plastic Tape From Italy
Final Results of Sunset Review and Revocation of ADD Finding
Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe From China
Final Results of the Expedited Sunset Review of the ADD Order
1,1,1,2-Tetrafluoroethane (R-134a) From China
Final Results of ADD Administrative Review ; 2019-2020
Certain Walk-Behind Snow Throw ers and Parts Thereof From China
Postponement of Preliminary Determination in the CVD Investigation
Circular Welded Carbon Steel Pipes and Tubes From Thailand
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Crystalline Silicon Photovoltaic Products From China
Notice of Rescission of Changed Circumstances Review s
Emulsion Styrene-Butadiene Rubber From Brazil
Preliminary Results of ADD Administrative Review ; 2019-2020
Narrow Woven Ribbons w ith Woven Selvedge From Taiw an
Rescission of ADD Administrative Review ; 2019-2020
Certain Cold-Draw n Mechanical Tubing of Carbon and Alloy Steel From China and India
CVD Orders; correction
Certain Steel Nails From Taiw an
Preliminary Determination of No Shipments in the A DD Administrative Review ; 2019-2020
Emulsion Styrene-Butadiene Rubber From Brazil
Final Results of ADD Administrative Review ; 2018-2019
Utility Scale Wind Tow ers From Malaysia
Final Affirmative CVD Determination
Large Pow er Transformers From S. Korea
Final Results of ADD Administrative Review , Final Determination of No Shipments, and Final Successor-in-Interest Determination; 2018-2019
Passenger Vehicle and Light Truck Tires From Taiw an
Final Affirmative Determination
of Sales at LTFV Correction
Barium Chloride From China
Continuation of ADD Order
Certain Frozen Warmw ater Shrimp From China
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2019-2020
Certain Hardw ood Plyw ood Products From China
Notice of Court Decision Not in Harmony w ith Final Scope Ruling
and Notice of Amended Final Scope Ruling Pursuant to Court Decision
Mattresses From China
Rescission of 2020 ADD New Shipper Review
Stainless Steel Bar From India
Notice of Court Decision Not in Harmony w ith the Results of the ADD Administrative Review ; Notice of Amended Final Results
Granular Polytetrafluoroethylene Resin From Postponement of Preliminary Determinations in the LTFV Investi-
India and the Russian Federation
gations
Carbazole Violet Pigment 23 From India and China
Continuation of AD and CVD Orders
Multilayered Wood Flooring From China
Partial Rescission of CVD Administrative Review ; 2019
Truck and Bus Tires From China
Rescission of ADD Administrative Review ; 2020-2021
A583854 Certain Steel Nails From S Korea, A552818 Malaysia, the Sultanate of Oman, Continuation of AD and CVD Orders C552819 Taiw an, and Vietnam
Standard Steel Welded Wire Mesh From Mexico
Final Determination of Sales at LTFV
International Trade Compliance Update | July 2021
98
Baker McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case
Merchandise/Country
Action
A122857 A570909 A533871 A549820 A552831 A557820 C122858 C570138 A469823 C533874 A580836 A533840 A-489501
A570073
C570074 A201836 C570041 A570904 A553873 A549822 A570979 C570980 A201842
Certain Softw ood Lumber Products from Canada
Notice of Final Results of ADD Changed Circumstances Review
Certain Steel Nails From China
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2018-2019
Finished Carbon Steel Flanges From India
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2018-2019
Prestressed Concrete Steel Wire Strand From Thailand
Partial Rescission of ADD Administrative Review ; 2020
Seamless Refined Copper Pipe and Tube From Vietnam
Final Affirmative Determination of Sales at LTFV and Final Negative Determination of Critical Circumstances
Silicon Metal From Malaysia
Fi LTFVnal Affirmative Determination of Sales at
Certain Softw ood Lumber Products From Can- Notice of Initiation and Preliminary Results of CVD Changed Cirada cumstances Review
Pentafluoroethane (R-125) From China
Preliminary Affirmative CVD Determination and Alignment of Final Determination w ith Final ADD Determination
Utility Scale Wind Tow ers From Spain
Final Determination of Sales at LTFV
Certain Cold-Draw n Mechanical Tubing of Carbon and Alloy Steel From India
Preliminary
Results of CVD Administrative
Review ; 2019
Certain Cut-to-Length Carbon-Quality Steel Plate Products From S. Korea
Preliminary Results of ADD Administrative Review ; 2019-2020
Certain Frozen Warmw ater Shrimp From India Preliminary Results of ADD Administrative Review ; 2019-2020
Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey
Notice of Court Decision Not in Harmony w ith the Results of the 2017-2018 ADD Administrative Review ; Notice of Amended Final Results
Common Alloy Aluminum Sheet From China
Preliminary Results of ADD Administrative Review , Partial Rescission of AD Administrative Review , Preliminary Determination of No Shipments, and Preliminary Successor-in-Interest Determination; 2018-2020
Common Alloy Aluminum Sheet From China
Preliminary Results of CVD Administrative Review , Rescission of Review , in Part, and Intent to Rescind, in Part; 2018-2019
Light-Walled Rectangular Pipe and Tube From Mexico
Final Results of ADD Administrative Review ; 2018-2019
Truck and Bus Tires From China
Preliminary Results of CVD Administrative Review , and Rescission of Review , in Part; 2019
Certain Activated Carbon From China
Preliminary Results of ADD Administrative Review , and Preliminary Determination of No Shipments; 2019-202
Certain Cold-Draw n Mechanical Tubing of Carbon and Alloy Steel From India
Preliminary
Results of ADD Administrative
Review ; 2019-2020
Certain Frozen Warmw ater Shrimp From Thailand
Preliminary Results of ADD Administrative Review ; 2019-2020
Crystalline Silicon Photovoltaic Cells, Whether Preliminary Results of Changed Circumstances Review s, and Inor Not Assembled into Modules From China tent to Revoke the AD and CVD Orders, in Part
Large Residential Washers From Mexico
Preliminary Results of the ADD Administrative Review ; 2019-2020
United States International Trade Commission (USITC)
Inv.
701TA473 731TA1173
Merchandise/Country
Action
Potassium Phosphate Salts From China [SECOND REVIEW] Scheduling of expedited five-year review s
International Trade Compliance Update | July 2021
99
Baker McKenzie
United States International Trade Commission (USITC)
Inv.
Merchandise/Country
Action
701TA534-537 731TA1274-1278
701TA540-543 731TA1283-1287 and 1290 731TA1071 731TA1070B 701TA526 731TA1262 701TA521 731 TA12521255 and 1257
701TA437 731TA1060-1061
731TA149
731TA1546-1549
731TA1560-1564
701TA660-661 731TA1543-1545 731TA125
AA1921-167
701TA525 731TA1260-1261
731TA1546-1549
731TA1550-1553
731TA753, 754, and 756
Certain Corrosion-Resistant Steel Products From China, India, Italy, Korea, and [REVIEW] Institution of Five-Year Review s Taiw an
Cold-Rolled Steel Flat Products From Brazil, China, India, Japan, Korea, and the United Kingdom
[REVIEW] Institution of Five-Year Review s
Magnesium From China
[THIRD REVIEW] Institution of Five-Year Review
Tissue Paper From China
[THIRD REVIEW] Institution of Five-Year Review
Melamine from China
[REVIEW] Scheduling of expedited five-year review s
Steel Nails From Korea, Malaysia, Oman, Taiw an, and Vietnam
[REVIEW] Determinations that revocation of the CVD order (Vietnam) and the ADD orders w ould be likely to lead to continuation or recurrence of material injury
Carbazole Violet Pigment 23 From China and India
[THIRD REVIEW] Determinations that revocation of the CVD order and the ADD order w ould be likely to lead to continuation or recurrence of material injury
Barium Chloride From China
[FIFTH REVIEW] Determinations that revocation of the ADD order w ould be likely to lead to continuation or recurrence of material injury
Thermal Paper from Germany, Japan, [FINAL] Scheduling of the Final Phase of Antidumping Duty In-
Korea, and Spain
vestigations
Raw Honey From Argentina, Brazil, In- [PRELIMINARY ] Determinations that there is a reasonable indica-
dia, Ukraine, and Vietnam
tion that an industry in the United States is materially injured
Utility Scale Wind Tow ers From India, Malaysia, and Spain
[FINAL] Cancellation of Hearing for Final Phase CVD and ADD Investigations
Potassium Permanganate From China [FIFTH REVIEW] Scheduling of a Full Five-Year Review
Pressure Sensitive Plastic TapeFfrom Italy
[FIFTH REVIEW] Termination
of Five-Year Review
Certain Welded Line Pipe From Korea and Turkey
[REVIEW] Determinations that revocation of the CVD and ADD orders w ould be likely to lead to continuation or recurrence of material injury
Thermal Paper From Germany, Japan, Korea, and Spain
[FINAL] Scheduling of Record Closing and Final Comments
Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam
{FINAL] Scheduling of the Final Phase of ADD Investigations
Cut-to-Length Carbon Steel Plate from China, Russia, and Ukraine
FOURTH REVIEW] Determinations that revocation of the ADD order (China) and the termination of the suspended investigations (Russia, and Ukraine) w ould be likely to lead to continuation or recurrence of material injury
Canadian International Trade Tribunal (CITT)
Ref. Number
Merchandise/Country
Action
NQ-2020-004 PI-2021-001
Certain hot-rolled deformed steel concrete reinforcing bar in straight lengths or coils, commonly identified as rebar, originating in or exported from Algeria, Egypt, Indonesia, Italy, Malaysia, Singapore and Vietnam,
Finding that the the dumping has caused injury to the domestic industry
Dumping and subsidizing; Certain container chassis and container chassis frames, from China
Notice of commencement of preliminary injury inquiry
International Trade Compliance Update | July 2021
100
Baker McKenzie
Canadian International Trade Tribunal (CITT)
Ref. Number PI-2021-001
Merchandise/Country
Action
Certain Small Pow er Transformers originating in or exported from Austria, the Separate Customs Territory of Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei), and S Korea,
Preliminary Determination
of Injury
Canada Border Services Agency (CBSA)
Ref. Number
Merchandise/Country
Action
RB4 2020 IN FAS 2021 UP5 CC 2021 IN OCTG2 2021 UP2: FAS 2021 UP2 FAS 2021 UP1 AE 2021 UP2 LP2 2020 UP2
Certain concrete reinforcing bar from Oman and Russia.
Notice of final determination Statement of reasons
Certain carbon steel fasteners (fasteners) originating in or exported from China Robertson Inc. (Jiaxing)
Notice of close of record and updated schedule
Dumping and Subsidizing: Certain container chassis from China
Notice of initiation of investigations
Certain oil country tubular goods (OCTG) exported to Canada from South Korea by Nexteel Co., Ltd
Notice
of normal
value review
Certain carbon steel fasteners (fasteners) exported to Canada from Chinese Taipei by Kind-Auspice In- Conclusion of normal value review dustrial Co., Ltd.
Certain carbon steel fasteners (fasteners) exported to Canada from Chinese Taipei by New fast Co.
Conclusion of normal value review
Certain aluminum extrusions originating in or exported from China by Test-Rite Int'l
Notice of normal value review
certain carbon and alloy steel line pipe (line pipe) ex-
ported to Canada from the Republic of Korea by
Conclusion of normal value and export price review
Husteel Co., Ltd.
NAFTA and USMCA Panels
Case Number None this Update
Merchandise/Country
Mexico - Ministry of Economy
Ref.
Merchandise/Country
EC 9/20 EA 3/20
Stainless steel sinks originating in
Imports of triethanolamine originating in the United States of America
Action
Action Resolution - Final administrative procedure to examine the validity of the ADD Preliminary Resolution of the administrative anti-dumping investigation procedure
European Union
Ref erence
(EU) 2021/939 (EU) 2021/940
Merchandise/Country
Mono ethylene glycol originating in the United States and Saudi Arabia Birch plyw ood originating in Russia
China
Commission Implementing Regulation (EU) 2021/939 imposing a provisional ADD Commission Implementing Regulation imposing a provisional ADD
International Trade Compliance Update | July 2021
101
European Union
Baker McKenzie
Ref erence
Merchandise/Country
China
2021/C 222/05 2021/C 226/03 (EU) 2021/970 (EU) 2021/983
(EU) 2021/1029
Certain graphite electrode systems from Notice of the impending expiry of certain anti-subsidy measures
India
11.03.2022
Certain graphite electrode systems from India
Notice of the impending expiry of certain AD measures 11.03.22
Certain China
iron or steel fasteners originating
in
Making
imports
subject to registration
Aluminium converter foil originating in the People's Republic of China
Commission Implementing Regulation imposing a provisional ADD
Certain steel products
Commission Implementing Regulation amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports
United Kingdom Department for International Trade Trade Remedies Authority
Case
Merchandise/Country
Action
2020/04 2020/06 2020/35 2020/37 2020/33
2020/34
2020/07 2020/12 2020/13 2020/28 2020/17
2020/09
Biodiesel originating in the USA (including consigned from Canada)
Determination to transition trade remedies measure.
Safeguard measures on certain steel products application of TRQs
Ironing boards originating in the People's Republic of China
Determination to transition trade remedies measure Determination to transition trade remedies measure
Continuous filament glass fibre products originating in Egypt
Determination to transition trade remedies measure
Ammonium nitrate originating in the Russian Federation
Determination
to transition trade remedies measure
Bicycles and certain bicycle parts originating in the People's Republic of China (including bicycles consigned from Cambodia, Indonesia, Malaysia, Determination to transition trade remedies measure
Pakistan, the Philippines, Sri Lanka and Tunisia).
Wire rod originating in the People's Republic of China
Determination to transition trade remedies measure
Certain heavy plate of non-alloy or other alloy steel originating in the People's Republic of China
Determination
to transition trade remedies measure
Certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Re- Determination to transition trade remedies measure public of China
Certain organic coated steel products originating in the People's Republic of China.
Determination to transition trade remedies measure
Determination to transition trade remedies measure
Certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, the Russian Federation and Ukraine
Trade remedies measure suspended if the goods to w hich the
measure applies, on importation into the United Kingdom, are also
subject to the charge of a saf eguarding measure applied by Taxa-
tion Notice 2020/06: Safeguard measures on certain steel products application of tariff rate quotas
International Trade Compliance Update | July 2021
102
Baker McKenzie
Australian Anti-Dumping Commission
Notice Case
Merchandise/Country
Action
2021/062 577 2021/072 583 2021/074 550 2021/076 2021/077 553
2021/079
Aluminium extrusions from Malaysia A4 copy paper from Indonesia Precision pipe and tube steel from China, Korea, Taiw an, Vietnam Various Painted steel strapping from China, Vietnam
Aluminium extrusions from Malaysia and Vietnam
Findings in relation to an accelerated review Initiation of an investigation Preliminary Affirmative Determination - PAD 550 Monthly Status Report - May 2021 Extension of time to issue Final Report
Expiry of Measures
Government of India Ministry of Finance (Department of Revenue)
Notification
Merchandise/Country
Action
32/2021-Cus (ADD) 03-06-21
33/2021-Cus (ADD) 03-06-21
Polytetrafluoroethylene originating in or exported from Russia
Phenol originating in or exported from European Union and Singapore
Extends ADD upto 31 October, 2021 Extends ADD upto 31 October, 2021
Government of India Ministry of Commerce and Industry (Department of Commerce)
File and Date
Merchandise/Country
Action
6/09/2021-DGTR 07-06-21
7/2/2021-DGTR 07-06-21
7/10/2021-DGTR 07-06-21
7/11/2021-DGTR 11-06-21
06/21/2020-DGTR 20-06-21
6/8/2020 DGTR 08-06-21
INITIA TIONS
Resin Bonded Thin Wheels originating in or exported from China PR
Initiates AD Investigation
Plain Medium Density Fibreboard having thickness of 6mm and above originating in or exported from Vi- Initiates Sunset Review of ADD imposed etnam
Textured Tempered Coated and Uncoated Glass originating in or exported from China PR
Initiates Sunset Review of ADD imposed
Ammonium Nitrate originating in or exported from Russia, Georgia and Iran
Initiates Sunset Review of ADD imposed
Aluminium Foil 80 micron and below originating in or exported from China PR, Indonesia, Malaysia and Initiates AD Investigation Thailand
FINAL FINDINGS
Natural Mica based Pearl Industrial Pigments excluding cosmetic grade originating in or exported from Final Findings issued in AD Investigation China PR
Opportunity to Request Administrative Review
In a June 1, 2021 Federal Register notice, the US Department of Commerce announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with June anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidum ping Duty Proceedings GERMANY: Certain Cold-Draw n Mechanical Tubing of
Period
International Trade Compliance Update | July 2021
103
Editor, International Trade Compliance Update
Stuart P. Seidel Washington, D.C.
stu a rt.se i d e l @b a ke rm cke n zi e .co m
This may qualify as"Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowledgementson the last page
Baker McKenzie
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
Carbon and Alloy Steel
A-428-845
INDIA: Certain Cold-Draw n Mechanical Tubing of
Carbon and Alloy Steel
A-533-873
INDIA: Glycine
A-533-883
Quartz Surface Products
A-533-889
ITALY: Certain Cold-Draw n Mechanical Tubing of
Carbon and Alloy Steel
A-475-838
JAPAN: Glycine
A-588-878
Carbon and Alloy Seamless Standard, Line, and
Pressure (over 4 inches)
A-588-850
Carbon and Alloy Seamless Standard, Line, and
Pressure (under 4 inches)
A-588-851
S. KOREA: Certain Cold-Draw n Mechanical Tubing of
Carbon and Alloy Steel
A-580-892
SR of VIETNAM: Laminated Woven Sacks
A-552-823
Certain Tool Chests and Cabinets
A-552-821
SPAIN: Chlorinated Isocyanurates
A-469-814
Finished Carbon Steel Flanges
A-469-815
SWITZERLA ND: Certain Cold-Draw n Mechanical Tubing
of Carbon and Alloy Steel
A-441-801
TAIWAN: Helical Spring Lock Washers
A-583-820
PR of CHINA: Artist Canvas
A-570-899
Ceramic Tile
A-570-108
Certain Cold-Draw n Mechanical Tubing of Carbon
and Alloy Steel
A-570-058
Certain Tool Chests and Cabinets
A-570-056
Chlorinated Isocyanurates
A-570-898
Furfuryl Alcohol
A-570-835
High Pressure Steel Cylinders
A-570-977
Polyester Staple Fiber
A-570-905
6/1/20 - 5/31/21
6/1/20 - 5/31/21 6/1/20 - 5/31/21 12/13/19 - 5/31/21
6/1/20 - 5/31/21 6/1/20 - 5/31/21
6/1/20 - 5/31/21
6/1/20 - 5/31/21
6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21
6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 11/14/19 - 5/31/21
6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21
Prestressed Concrete Steel Wire Strand Silicon Metal Tapered Roller Bearings TURKEY: Quartz Surface Products
A-570-945 A-570-806 A-570-601 A-489-837
Countervailing Duty Proceedings
INDIA: Glycine
C-533-884
Quartz Surface Products
C-533-890
SR of VIETNAM: Laminated Woven Sacks
C-552-824
PR of CHINA: Ceramic Tile
C-570-109
Glycine
C-570-081
High Pressure Steel Cylinders
C-570-978
Stainless Steel Flanges
C-570-065
TURKEY: Quartz Surface Products
C-489-838
None
Suspension Agreements
6/1/20 - 5/31/21 6/1/20 - 5/31/21 6/1/20 - 5/31/21 12/13/19 - 5/31/21
1/1/20 - 12/31/20 10/11/19 - 12/31/20
1/1/20 - 12/31/20 9/12/19 - 12/31/20 1/1/20 - 12/31/20 1/1/20 - 12/31/20 1/1/20 - 12/31/20 10/11/19 - 12/31/20
Requested Reviews
In a June 11, 2021 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidum ping Duty Proceedings ARGENTINA: Biodiesel A-357-820 4/1/20 - 3/31/21 INDIA: Carbon and Alloy Steel Threaded Rod A -533-887 9/25/19 - 3/31/21
Period
International Trade Compliance Update | July 2021
104
Baker McKenzie
AD/CVD Proceedings - Country/ Merchandise
Case No.
Period
INDONESIA: Biodiesel A-560-830 4/1/20 - 3/31/21 THAILAND: Certain Frozen Warmw ater Shrimp A -549-822 2/1/20 - 1/31/21 PR of CHINA: 1,1,1,2-Tetrafluoroethane (R-134a) A-570-044 4/1/20 - 3/31/21
Aluminum Extrusions6 A-570-967 5/1/19 - 4/30/20 Alloy and Certain Carbon Steel Threaded Rod A -570-104 9/25/19 - 3/31/21 Certain Activated Carbon A-570-904 4/1/20 - 3/31/21 Certain Aluminum Foil A-570-053 4/1/20 - 3/31/21 Draw n Stainless Steel Sinks A-570-983 4/1/20 - 3/31/21 Magnesium Metal A-570-896 4/1/20 - 3/31/21 Stainless Steel Sheet and Strip A-570-042 4/1/20 - 3/31/21 Wooden Cabinets and Vanities and Components Thereof A -570-106 10/9/19 - 3/31/21
Countervailing Duty Proceedings INDIA: Carbon and Alloy Steel Threaded Rod C-533-888 7/29/19 -12/31/20 PR of CHINA: Aluminum Extrusions C-570-968 1/1/19 12/31/19
Carbon and Alloy Steel Threaded Rod C-570-105 7/29/19 -12/31/20 Certain Aluminum Foil C-570-054 1/1/20 - 12/31/20 Stainless Steel Sheet and Strip C-570-043 1/1/20 - 12/31/20 Wooden Cabinets and Vanities and Components Thereof C-570-107 8/12/19 - 12/31/20
None
Suspension Agreements
Initiation of Sunset Reviews
In a June 1 2021, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year ("Sunset") review of the anti-
dumping and countervailing duty orders listed below.
AD/CVD
DOC Case No.
ITC Case No.
Country
Merchandise
A-351-843 A-570-029 A-570-894 A-570-896 A-570-026 A-533-865 A-475-832 A-588-873 A-580-881 A-580-878 A-583-856 A-412-824 A-533-863 C-351-844 C-570-027 C-570-030 C-533-866 C-533-864 C-475-833 C-580-882 C-580-879
731-TA-1283 Brazil 731-TA-1284 China 731-TA-1070-B China 731-TA-1071 China 731-TA-1274 China 731-TA-1285 India 731-TA-1276 Italy 731-TA-1286 Japan 731-TA-1287 S. Korea 731-TA-1277 S. Korea 731-TA-1278 Taiw an 731-TA-1290 UK 731-TA-1275 India 701-TA-540 Brazil 701-TA-534 China 701-TA-541 China 701-TA-542 India 701-TA-535 India 701-TA-536 Italy 701-TA-543 S. Korea 701-TA-537 S. Korea
Cold-Rolled Steel Flat Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Tissue Paper Products (3rd Review ) Magnesium Metal (3rd Review ) Corrosion-Resistant Steel Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Corrosion-Resistant Steel Products (1st Review ) Cold-Rolled Steel Flat Products (1st Review ) Corrosion-Resistant Steel Products (1st Review )
International Trade Compliance Update | July 2021
105
Baker McKenzie
Advance Notification of Sunset Reviews
In a June 1, 2021, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year ("Sunset") reviews for July 2021.
AD/CVD Proceedings - Merchandise/Country
Case No.
Antidum ping Duty Proceedings Carbon Steel Butt-Weld Pipe Fittings from Brazil Carbon Steel Butt-Weld Pipe Fittings from China Hydrofluorocarbon Blends and Components Thereof from China Porcelain-on-Steel Cooking Ware from China Carbon Steel Butt-Weld Pipe Fittings from Japan Stainless Steel Wire Rod from Japan Stainless Steel Wire Rod from South Korea Carbon Steel Butt-Weld Pipe Fittings from Taiw an Stainless Steel Wire Rod from Taiw an Carbon Steel Butt-Weld Pipe Fittings from Thailand
A-351-602 (5th Review ) A-570-814 (5th Review ) A-570-028 (1st Review ) A-570-506 (5th Review ) A-588-602 (5th Review ) A-588-843 (4th Review ) A-580-829 (4th Review ) A-583-605 (5th Review ) A-583-828 (4th Review ) A-549-807 (5th Review )
No Sunset Review of countervailing duty orders is scheduled for initiation in July 2021
No Sunset Review of suspended investigations is scheduled for initiation in July 2021
International Trade Compliance Update | July 2021
106
Baker McKenzie
Sunny Mann Global Chair International Commercial & Trade
International Commercial & Trade Leadership Team Regional Chairs / Steering Committee
Anne Petterd Sy dney
Asia Pacif ic
Geert Bov y Brussels
EMEA
Alej andro C. Mesa-Neira Bogota
Latin America
Jennifer Trock Washington DC North America
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This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior resultsdo not guarantee a similar outcome.
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International Trade Compliance Update | July 2021
107
