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International Trade Compliance Update – April 2019

8461069-v8WASDMS 1 International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption) Newsletter | April 2019 Please see our Webinars, Meetings, Seminars section for contact and registration information for the new webinars in our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What’s Up in International Trade? Keeping up to Speed on Evolving Challenges,” as well as links to past webinars and information on other events. In addition, there are links to the video recordings, PowerPoints and handout materials of the  2018 Year-End Import/Export Review in Santa Clara as well as Presentation Materials from the  Asia Pacific International Commercial and Trade Client Conference (Tokyo November 2018). To keep abreast of international trade-related news, visit our blogs: For International Trade Compliance Updates, please regularly visit www.internationaltradecomplianceupdate.com. For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. For resources and news regarding international trade, particularly in Asia, please visit our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. To see how BREXIT (the UK exiting the EU) may affect your business, visit http://brexit.bakermckenzie.com/ For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/. Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source 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. In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas – Central America – North America – South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) Trade compliance enforcement actions – import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBP Rulings: Downloads and Searches CBP Rulings: Revocations or Modifications European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews Editor International Trade Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 2 WORLD TRADE ORGANIZATION (WTO) South Sudan begins WTO membership negotiations The WTO announced that the first meeting of the Working Party on the Accession of South Sudan took place on 21 March 2019. According to the announcement, WTO members expressed support for working with the world’s youngest nation in order to advance its accession negotiations. South Sudan pledged to use the WTO accession process as an instrument for promoting peace. South Sudan gained independence on 11 July 2011 and first submitted its application for observer status in the WTO in April 2012. The process then stalled as the country descended into civil war. On 5 December 2017, the government submitted a request for WTO accession which received unanimous support at the 11th WTO Ministerial Conference in Buenos Aires on 13 December 2017. South Sudan is a member of the EAC, which it joined in October 2016. The delegation also took part in the third Trade Policy Review of the EAC (Burundi, Kenya, Rwanda, Tanzania and Uganda) on 20 and 22 March. Trade Policy Review: Ecuador, East African Community (EAC) The third review of the trade policies and practices of Ecuador took place on 5 and 7 March 2019. The basis for the review was a report by the WTO Secretariat and a report by the Government of Ecuador. The third review of the trade policies and practices of Burundi, Kenya, Rwanda, Tanzania and Uganda took place on 20 and 22 March 2019. The basis for the review was a report by the WTO Secretariat (including reports for Burundi, Kenya, Rwanda, Tanzania and Uganda) and a report by the Governments of Burundi, Kenya, Rwanda, Tanzania and Uganda. Recent disputes The following disputes have been recently brought to the WTO. Click on the case (“DS”) number below to go to the WTO website page for details on that dispute. DS. No. Case Name Date DS579 India – Measures Concerning Sugar and Sugarcane – Request for consultations by Brazil [requested 27-02-19] 07-03-19 DS580 India – Measures Concerning Sugar and Sugarcane – Request for consultations by Australia [requested 01-03-19] DS581 India – Measures Concerning Sugar and Sugarcane – Request for consultations by Guatemala 25-03-19 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. (Click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents): DS No. Case Name Activity Date DS353 United States — Measures Affecting Trade in Large Civil Aircraft — Second complaint (Complainant: EU) Appellate Body issues report on US compliance 28-03-19 The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] A note on spelling, grammar and dates– In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 3 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 01-03-19 WCO celebrates World Wildlife Day 2019 – Life below water: for people and planet WCO discusses benefits and challenges relating to free trade zones at The Economist’s Asian Trade Summit Enhancing connectivity between Hong Kong, Macau and mainland China: Custom’s role highlighted 04-03-19 Dynamic WCO Leadership and Management Development Workshop in Jamaica Customs Valuation and Transfer Pricing Workshop in Bogota, Colombia WCO supports MENA Region in the implementation of the Pre-arrival Processing System 05-03-19 Kazakhstan expands logistics at borders and in main cities under strong political leadership 07-03-19 WCO Members engage in a Pilot project to test the Unified File Format Development Strong political support for Customs modernization in Uzbekistan 08-03-19 The global Customs community celebrates International Women’s Day 2019 Another Successful Step in the Development of “Pool of PCA Trainers” in East Africa Japan continues to support the WCO counter-terrorism initiative for South East Asia 11-03-19 Launch of the EU-WCO Programme for Harmonized System in Africa 13-03-19 WCO Risk Management diagnostic mission to support Gambia Revenue Authority WCO continues to support the Bahamas in the area of tariff classification The WCO offers its support to the Union of the Comoros in its initiative to accede to the Revised Kyoto Convention Accreditation workshop for Technical and Operational Advisors on the Revenue Package for the administrations of French-speaking African countries The National Revenue Authority (NRA) of Sierra Leone modernizes its Human Resource system by integrating a competency-based approach WCO Conducts a Post Clearance Audit Diagnostic for the Customs Division of Antigua and Barbuda 3rd Meeting of National Contact Points for Capacity Building in the WCO Americas and Caribbean Region 14-03-19 WCO Publishes the New TRS Guide 11th TFA Working Group explores new opportunities for the Time Release Study UNODC – WCO Container Control Programme receives BIC Award Joint WCO – OECD Regional Workshop on Customs Valuation and Transfer Pricing in Yangzhou, China 15-03-19 New UNESCO tools to fight the illicit trafficking of cultural property 18-03-19 The PTC endorses the Study Report on Disruptive Technologies RILO we Meeting with New Director of German Federal Customs Criminological Office – Dr. Rainer Mellwig Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 4 Date Title Conference of Directors General of Customs of the West and Central Africa region 19-03-19 The WCO organized a successful Regional Workshop for the Accreditation of TRS experts in Xiamen, China Jamaica becomes the second country in the Americas and Caribbean region to implement the nCEN The 38th Session of the Enforcement Committee discusses SMART borders and how to enhance Customs controls WCO and IPPC agree on a Joint Work Plan for Cooperation 20-03-19 The WCO supports Gambia Revenue Authority and stakeholders in the preparation of the Time Release Study (TRS) WCO attends Development Partners Meeting for the Americas and Caribbean region Enhanced cooperation with Italy 21-03-19 Asia Pacific training managers gathered to discuss further cooperation in the region First steps for the Anti-Corruption and Integrity Promotion (A-CIP) Programme for Customs in Sierra Leone 22-03-19 WCO supports Azerbaijan Customs to build capacity in X-ray image analysis 26-03-19 The WCO further enhances its capabilities to provide Capacity Building support in the area of Transit 27-03-19 Development of Customs Risk Management Framework in Tanzania for the further enhancement of its risk management function WCO Successfully Assesses the Malawi Revenue Authority’s People Development Foundations as a Strategic Contributor to Trade Facilitation WCO supports Tonga to strengthen its Time Release Study (TRS) capacities Successful completion of the second step towards development of a “Pool of Customs Valuation Trainers” in Southern Africa WCO continues to support the Bahamas in Customs valuation WCO and OECD move ahead with their anti-corruption agenda Iraq Customs gets ready for modernization 28-03-19 Reflecting on the Past, embracing the Future WCO and Switzerland’s State Secretariat for Economic Affairs (SECO) celebrate their new Partnership Operation PRAESIDIO boosts global efforts to combat the illegal wildlife trade 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 Notification № and Title 15-03-19 2019/018 – Proposals to Amend Appendices I and II – Provisional assessments by the Secretariat 19-03-19 2019/019 – Eighteenth Meeting of the Conference of the Parties – Opening of the meeting 25-03-19 2019/020 – Peru – First Americas Regional Conference on the Illegal Trade in Wildlife 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. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 5 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 GAIN Report Bahamas Food and Agricultural Import Regulations and Standards Report_ Bahamas FAIRS Export Certificate Report Bosnia and Herzegovina FAIRS Export Certificate Report Brazil Food and Agricultural Import Regulations and Standards Report Bulgaria Exporter Guide Bulgaria FAIRS Export Certificate Report Bulgaria Food and Agricultural Import Regulations and Standards Report Burma Food and Agricultural Import Regulations and Standards Report Burma FAIRS Export Certificate Report_ Cambodia Registration of Animal Feeds Ingredients and Veterinary Drugs Canada Food and Agricultural Import Regulations and Standards Report Chile Exporter Guide 2018_ Chile FAIRS Export Certificate Report_ Chile Food and Agricultural Import Regulations and Standards Report China Food and Agricultural Import Regulations and Standards Report China FAIRS Export Certificate Report China China Issued National Food Safety Standard for Vegetable Oil Costa Rica FAIRS Export Certificate Report Dom. Rep. Food and Agricultural Import Regulations and Standards Report Dom. Rep. FAIRS Export Certificate Report Dom. Rep. Exporter Guide EAEU Amendments to EAEU Food Safety Regulation Notified to WTO_ EAEU Draft Amendments to EAEU Technical Regulation on Food Additives Egypt FAIRS Export Certificate Report_ Egypt Food and Agricultural Import Regulations and Standards Report_ El Salvador El Salvador to use Single-Window import mechanism Ethiopia FAIRS Export Certificate Report EU EU Adopts New Directive on Unfair Trading Practices Ghana FAIRS Export Certificate Report Ghana Food and Agricultural Import Regulations and Standards Report_ Ghana Exporter Guide Guatemala Exporter Guide Hong Kong Hong Kong Prohibits Cannabis and THC in Food and Drinks Hong Kong Hong Kong Lifts Ban on Imports and Sales of Arizona Romaine Lettuce Hong Kong Original Health Certificate Mandatory for Shipment Release India Food and Agricultural Import Regulations and Standards Report_ India Import Duty on CPO and RBD Palmolein Reduced Effective January 2019 India Tariff Hike on U.S. Agricultural Products Deferred to April 1 Indonesia Food and Agricultural Import Regulations and Standards Report_ Indonesia Food and Agricultural Import Regulations and Standards Export Certificate Report Indonesia Indonesia and Australia Sign Major Trade Partnership Agreement Israel FAIRS Export Certificate Report Israel Food and Agricultural Import Regulations and Standards Report Israel Exporter Guide Italy Food and Agricultural Import Regulations and Standards Report Jamaica Exporter Guide Japan Japan Notifies Proposal to Revoke 10 Food Additives Japan Japan Revises Beef and Pork Safeguards After Japan-EU EPA Japan Notifies WTO of Revised Quarantine Pests in Japan Jordan FAIRS Export Certificate Report Jordan Food and Agricultural Import Regulations and Standards Report Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 6 Member GAIN Report Kazakhstan Food and Agricultural Import Regulations and Standards Report Kazakhstan FAIRS Export Certificate Report Korea, S. Food and Agricultural Import Regulations and Standards Report Lithuania Food and Agricultural Import Regulations and Standards Report Morocco Morocco Halal Label – Certification for the Right of Use Morocco Food Labeling – Production Dates No Longer Required Morocco FAIRS Export Certificate Report Netherlands Food and Agricultural Import Regulations and Standards Report Nicaragua FAIRS Export Certificate Report Nicaragua Exporter Guide Pakistan Food and Agricultural Import Regulations and Standards Report_ Pakistan Pakistan’s New Labeling Requirements Peru FAIRS Export Certificate Report_ Peru Exporter Guide Poland FAIRS Export Certificate Report Poland Food and Agricultural Import Regulations and Standards Report Poland Exporter Guide Romania FAIRS Export Certificate Report_ Russia Draft Amendments to Veterinary Requirements Notified to WTO Russia Russia to Adopt New Law on Organics Senegal Exporter Guide_ Senegal Food and Agricultural Import Regulations and Standards Report Senegal Food and Agricultural Import Regulations and Standards Report_ Senegal FAIRS Export Certificate Report Serbia Food and Agricultural Import Regulations and Standards Report Serbia FAIRS Export Certificate Report South Africa ITAC Considers a Sharp Increase in the Customs Duty on Chicken Meat South Africa Importers Express Concern over the Amended Poultry TRQ Guidelines South Africa FMD Outbreak Leads to Bans on Imports of Red Meat from South Africa South Africa FAIRS Export Certificate Report_ Taiwan FAIRS Export Certificate Report_ Taiwan Food and Agricultural Import Regulations and Standards Report Thailand FAIRS Export Certificate Report_ Tunisia Law on External Trade Tunisia Order on Food Labeling and Presentation of Prepackaged Foods Tunisia Cancelled Standards on Testing and Product Specifications Tunisia Order on Pesticide MRLs_ Tunisia List of Products Not Allowed to be Freely Traded Ukraine Exporter Guide_ THE AMERICAS – CENTRAL AMERICA EL SALVADOR El Salvador to use Single-Window import mechanism According to a February 27, 2019 GAIN Report, issued by the US Foreign Agricultural Service (FAS), the El Salvadoran Central Bank (BCR) announced that the permit system to import food and beverage products would now be exclusively online. Working with the Millennium Challenge Corporation’s Fomilenio II program, the BCR announced that import permit requests for food and beverage products would have to be requested online. This service will be available to all food and beverage importers through the BCR’s Single-Window for Foreign Trade (Ventanilla Unica de Comercio Exterior or VUCE). According to BCR staff, the implementation of this new virtual procedure will reduce the request time from the 27 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 7 days averaged in 2011 to approximately 1 minute in 2019. This in turn is expected to save importers approximately $2.9 million annually in operation costs. FAS said that it will continue to monitor the implementation of this new import procedure that is expected to significantly reduce both time and cost when requesting permits. THE AMERICAS – NORTH AMERICA CANADA Canada expands its sanctions against Russia for continued involvement in the Ukraine Conflict On March 14, 2019, Canada announced a new round of targeted sanctions against Russia for its continued involvement in Ukraine, adding 114 individuals and 15 entities to its Russia and Ukraine sanctions regulations. Canada has cited Russia’s involvement and escalation in the Kerch Strait – an important transit point for ships en route to major Ukrainian export terminals – as a reason for the new sanctions. The new individuals and entities are added to “Schedule 1” of the Special Economic Measures (Russia) Regulations and the “Schedule” to the Special Economic Measures (Ukraine) Regulations, which makes them “designated persons” subject to the strictest prohibitions under Canadian sanctions law. The sanctions impose asset freezes and dealings prohibitions on designated persons, whereby Canadian individuals and corporations are broadly prohibited from engaging in substantially all trading activities or transactions related to a designated person or property held by a designated person. More specifically, it is prohibited for any person in Canada and any Canadian outside Canada to: (a) deal in any property, wherever situated, held by or on behalf of a designated person; (b) enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in paragraph (a); (c) provide any financial or other related service in respect of a dealing referred to in paragraph (a); (d) make any goods, wherever situated, available to a designated person; or (e) provide any financial or related service to or for the benefit of a designated person. Canadian persons, in or outside of Canada, that conduct business with Russia should review this expanded list and ensure they are not engaging in any prohibited activities under Canada’s sanctions regulations. The lists of newly sanctioned individuals and entities are available in the Regulations Amending the Special Economic Measures (Russia) Regulations and Regulations Amending the Special Economic Measures (Ukraine) Regulations. If you have any questions, please contact the authors, Paul D. Burns, Brian Cacic, Quentin Vander Schueren. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 8 CFIA changes import requirements for Koi carp from the US On March 22, 2019, the Canadian Food Inspection Agency (CFIA) issued a Notice to industry that stated that beginning April 15, 2019, all imports of live Koi carp (Cyprinus carpio koi) from the US for aquarium and outdoor holding unit end uses will require:  a valid Canadian Food Inspection Agency (CFIA) import permit  a USDA-APHIS export certificate titled Aquatic Animal Health Export Certificate for the Export of Live Koi Carp for Aquarium and Outdoor Holding Unit from the United States to Canada Koi carp can no longer be included on the same import permit as other aquatic ornamental species and will require a separate permit. Imports of all other susceptible ornamental or aquarium species (Susceptible species of aquatic animals) will continue to require a separate import permit and an export certificate from the US titled Aquatic Animal Health Export Certificate for the Export of Live Ornamental Aquatic Animals Intended for Aquarium Private, Aquarium Commercial, Outdoor Holding Unit Private, and/or Outdoor Holding Unit Commercial Use in Closed Premises in Canada – PDF (86 kb). The CFIA will replace active import permits for (non-Koi) ornamental regulated fish with new permits. The replacement permit will maintain the same validity period as the original. In an effort to facilitate the transition, the CFIA will allow importers a oneweek grace period. However, as of April 23, 2019, all previous permits for ornamental finfish will be cancelled and new permits will be required. Those who continue to import live Koi carp for aquarium or outdoor holding unit end uses must apply for a separate permit. Live Koi carp importers will need to:  complete and sign the 5670 application form  send the completed form by email to [email protected] or by fax to 289-247-4068  advise US exporters of the new requirements For questions regarding the application process, please contact the Centre of Administration by email at [email protected] or by telephone at 1-855-212- 7695. Also, starting April 15, 2019, import documentation for live Koi carp imported from the US for aquarium or outdoor holding unit end uses must be reviewed by the National Import Service Centre (NISC). Prior to arrival at the first port of entry, all relevant documentation must be submitted to the NISC.  Document Procedures for the National Import Service Centre Importers and brokers with questions about the new import documentation and/or processes should contact their local CFIA Area and District Offices. CBSA raises administrative penalties on 22 contraventions as of April 1 The Canada Border Services Agency (CBSA) announced in Customs Notice 19- 05 (March 5, 2019) that it will increase Administrative Monetary Penalties (AMPs) on 22 contraventions related to commercial trade effective April 1, 2019. The Auditor General of Canada criticized the CBSA’s Administrative Monetary Penalties (AMPs) for being too low to improve compliance with trade programs in his 2017 Audit of Customs Duties. CN 19-05 stated: 2. The increases follow a review of the AMPs regime that the CBSA undertook from November 2017 to July 2018 that included consultations with the following industry Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 9 stakeholder groups: the Canadian Society of Customs Brokers, the Canadian Federation of Independent Business, the Canadian Association of Importers and Exporters, and the Association of International Customs and Border Agencies. Company representatives were also consulted through the Border Commercial Consultative Committee. The CBSA indicated through a public report to the House of Commons Public Accounts Committee in September 2018 that it would not increase penalties before spring 2019. 3. The following contraventions will have their penalty amounts increased (at all levels): C004, C080, C081, C082, C083, C152, C157, C168, C169, C214, C215, C216, C217, C218, C223, C224, C298, C336, C350, C351, C352 and C353. (Refer to Table 1 for details.) The contraventions’ guidelines will be updated to reflect the new penalty amounts. 4. The CBSA is not increasing system generated penalties related to the timing for accounting for imported goods. These penalties are C288 (failure to account for imported goods within 5 business days of their release where estimated value is greater than $2,500), and C292 (failure to account for imported goods no later than the 24th day of the month following the month of their release where estimated value does not exceed $2,500). Industry stakeholders identified these AMPs as having potentially disproportionate, unintended impacts on small and medium-sized businesses. 5. To ease the transition to the new penalty structure, the CBSA will reset the penalty level to the first level for the contraventions mentioned above that occur on or after April 1, 2019. This is to avoid unanticipated impacts on industry that could occur by issuing second and third level penalties at higher levels than previously indicated. 6. The maximum Administrative Monetary Penalty of $25,000 remains unchanged. Contravention Code Penalty Level Current Penalty Amount Penalty Amount Effective April 1, 2019 C004, C152, C168, C169, C223, C224 1st $150 $500 2nd $225 $750 3rd and subsequent $450 $1,500 C080, C081, C082, C083, C350, C351, C352, C353 1st $150 to a maximum of $5,000 (per issue) or $25,000 (per occurrence) $500 to a maximum of $5,000 (per issue) or $25,000 (per occurrence) 2nd $225 to a maximum of $200,000 (per occurrence) $750 to a maximum of $200,000 (per occurrence) 3rd and subsequent $450 to a maximum of $400,000 (per occurrence) $1,500 to a maximum of $400,000 (per occurrence) C157, C214, C215, C216, C217, C218, C298 1st $300 $600 2nd $450 $1,200 3rd and subsequent $900 $2,400 C336 Flat Rate $100 per instance $200 per instance 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 03-02-19 ENVIRONMENT: Ministerial Condition No. 19770 pursuant to the Canadian Environmental Protection Act, 1999 (N) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 10 Publication Date Title ENVIRONMENT: Order 2019-66-01-02 Amending the Non-domestic Substances List. pursuant to the Canadian Environmental Protection Act, 1999 (O) ENVIRONMENT: Order 2019-87-03-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (O) ENVIRONMENT: Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 (PR) 03-09-19 ENVIRONMENT/HEALTH: Publication of final decision after screening assessment of four carboxylic acids specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) ENVIRONMENT/HEALTH: Publication of final decision after screening assessment of three substances in the Carboxylic Acid Anhydrides Group — phthalic anhydride, CAS RN1 85-44-9, maleic anhydride, CAS RN 108-31-6, and trimellitic anhydride, CAS RN 552-30-7 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) ENVIRONMENT/HEALTH: Publication of final decision after screening assessment of two arenes — Benzene, (1-methylethyl) [cumene], CAS RN2 1 98-82-8, and Benz[a]anthracene, 7,12-dimethyl- (DMBA), CAS RN 57-97-6 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) CANADA BORDER SERVICES AGENCY: Proposed Regulations Amending the Duty Free Shop Regulations pursuant to the Customs Act (PR) ENVIRONMENT: Proposed Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations pursuant to the Canadian Environmental Protection Act, 1999 (PR) CANADIAN TRANSPORTATION AGENCY: Proposed Accessible Transportation for Persons with Disabilities Regulations pursuant to the Canada Transportation Act (PR) [Part 5 discusses security and border services] 03-12-19 Chap. 23 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act (C-79) [Assented to 25th October, 2018] Chap. 26 An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) (C-47) [Assented to 13th December, 2018] Chap. 30 An Act to amend the Customs Act (C-51) [Assented to 13th December, 2018] 03-16-19 ENVIRONMENT: Significant New Activity Notice No. 19788 [2-Propenoic acid, 2- methyl-, 3-[1,1-bis[[dimethyl[2-[3,3,3-trimethyl-1,1- bis[(trimethylsilyl)oxy]disiloxanyl]ethyl]silyl]oxy]-3,3- dimethyl-3-[2-[3,3,3-trimethyl-1,1-bis[(trimethylsilyl) oxy]- 1-disiloxanyl]ethyl]-1-disiloxanyl]propyl ester, polymer with butyl 2-propenoate and methyl 2-methyl-2- propenoate, Chemical Abstracts Service Registry No. 262299-63-8] under section 83 of the Canadian Environmental Protection Act, 1999 (N) ENVIRONMENT/HEALTH: Publication of results of investigations and recommendations for a substance — phosphonic acid, [[(phosphonomethyl) imino]bis[2,1-ethanediylnitrilobis (methylene)]]tetrakis- (DTPMP), CAS RN 15827-60-8 — specified on the Domestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999) (N) 03-20-19 HEALTH: Regulations Amending the Tobacco Reporting Regulations (SOR/2019-64, March 4, 2019) pursuant to the Tobacco and Vaping Products Act (R) 03-23-19 ENVIRONMENT: Order Amending Schedule 1 to the Species at Risk Act (R) 03-30-19 ENVIRONMENT: Ministerial Condition No. 19882 pursuant to Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999 (N) [iron(1+), chloro[dimethyl 9,9- dihydroxy-3-methyl-2,4-di(2-pyridinyl-κN)-7-[(2-pyridinylκN)methyl]- 3,7-diazabicyclo[3.3.1]nonane-1,5-dicarboxylateκN3, κN7]-, chloride (1:1), Chemical Abstracts Service Registry No. 478945-46-9] ENVIRONMENT: Notice of waiver of information requirements for substances (subsection 81(9) of the Canadian Environmental Protection Act, 1999) (N) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 11 Restrictive measures The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website. Publication Date Title 03-15-19* FOREIGN AFFAIRS: Regulations Amending the Special Economic Measures (Russia) Regulations pursuant to the Special Economic Measures Act [*not yet published in the Canada Gazette] (R) 03-20-19 FOREIGN AFFAIRS: Regulations Amending Certain Regulations Made Under the United Nations Act (SOR/2019-60, March 4, 2019) (R) FOREIGN AFFAIRS: Regulations Amending Certain Regulations Made Under the Special Economic Measures Act (SOR/2019-61, March 4, 2019) (R) FOREIGN AFFAIRS: Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations (SOR/2019/68, March 4, 2019) pursuant to the Freezing Assets of Corrupt Foreign Officials Act (R) FOREIGN AFFAIRS: Order extending the application of the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations (SOR/2019-69, March 4, 2019) pursuant to the Freezing Assets of Corrupt Foreign Officials Act (R) CBSA advance rulings The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant’s consent, on the CBSA Web site. No advance rulings were posted by the CBSA this past month. D-Memoranda and CNs revised or cancelled The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.) Date Reference Title 03-05-19 CN 19-05 Changes to Administrative Monetary Penalties Contraventions C004, C080, C081, C082, C083, C152, C157, C168, C169, C214, C215, C216, C217, C218, C223, C224, C298, C336, C350, C351, C352 and C353 Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. MEXICO Temporary importation of sensitive goods and the new requirement to secure compliance with export obligations The Federal Ministry of Economy (“SE”) is considering the establishment of a requirement for importers to post bonds to secure their obligation to export certain goods they import temporarily under the IMMEX Program (“IMMEX”). The amount of the bond would vary depending on the type of goods, but they would range from USD $ 0.0032 to USD $ 320.5127 per unit of measurement. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 12 This link (http://www.cofemersimir.gob.mx/mirs/46984) contains the list of products the SE has identified as subject to the bond requirement, as well as the corresponding bond amounts. Note that the bond requirement is only an SE proposal, which is now under review by the National Regulatory Improvement Commission of the Federal Government (“CONAMER”). Background In January 2016, during the administration of President Peña Nieto, the IMMEX Decree was modified to authorize the SE to establish a guarantee system to ensure compliance with the obligations inherent to the temporary importation of the goods listed in Annex II of the IMMEX Decree. These goods (e.g., sugar, tobacco, textiles, steel and aluminium) are classified as “sensitive.” Their temporary importation is already subject to certain special requirements. Draft Regulations The SE has published draft regulations establishing greater controls on the temporary importation of sensitive goods under IMMEX. In particular, it focuses on IMMEX companies that violate their obligations to export such goods. These controls would be established through a temporary import bond, without differentiating the goods by origin, value or tariff classification. The SE believes IMMEX companies are evading payment of duties and taxes at the moment the goods enter Mexico and then failing to export those goods as required by of the legislation. The draft regulations would modify the Foreign Trade General Rules issued by the SE (the “Rules”). If the proposed regulations are implemented, IMMEX companies that wish to import sensitive goods, will only be able to do so if, prior to the importation, they have placed a bond that covers the amounts of the securities to be guaranteed. The bond would have to be issued by a company authorized by the Tax Administration Service (“SAT”), be revolving, and have a validity of 12 months. In addition, the IMMEX company would have to comply with the following: 1. Meet the requirements indicated by the SAT through rules; 2. Have an active federal taxpayer registration; 3. Specify in the bond a tax address that has been located by the SAT; 4. Have a positive opinion of tax obligations compliance; and 5. Not be listed as a non-compliant taxpayer. If the SAT were to determine that the IMMEX company violated its obligation to export the goods covered by the bond, the bond would be enforced. The SAT would have to issue rules regarding the bond enforcement procedure. If the regulations are enacted, they will represent an unprecedented administrative and financial burden on IMMEX companies. Other Regulation Projects Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 13 As mentioned in our Alert 66 of November 2018, a draft amendment of the Rules and the IMMEX Decree was published in CONAMER, which provides as follows: a. Modification of the IMMEX Decree by which, among other important changes, section V is added to article 5 and section II of article 6 is repealed, and tariffs on copper and lead are added to Annex II of the IMMEX Decree (http://www.cofemersimir.gob.mx/portales/resumen/46250). b. Modification of rule 3.3.1, establishing exception scenarios to the obligation to obtain a bond to import sensitive goods (http://www.cofemersimir.gob.mx/portales/resumen/46258). These proposals intend to establish that IMMEX companies that have VAT / IEPS certification will no longer be exempt from the currently applicable specific requirements for the temporary importation of sensitive goods. Therefore, in order to continue temporarily importing sensitive goods under the IMMEX program, IMMEX companies with VAT/IEPS certification would have to post a bond. Only IMMEX companies that qualify under one of the following criteria (that would be established in Rule 3.3.1 of the Rules) would be exempted from the bond-posting requirement: I. An IMMEX company that: 1. has an Auto Motor Industry Registration; 2. has an authorization from the Ministry of Communication and Transportation as part of the Aeronautical Industry; 3. is considered a Maquiladora for tax purposes; or 4. has at least 2,000 workers for the past 3 years. II. Is a direct supplier of a company indicated in point I above. III. Is a direct supplier of a company indicated in point II above. IV. Is a direct supplier of a company indicated in point III above. V. Has at least 700 workers for the past 6 months. VI. Has machinery, equipment or real estate with a value of at least 50 million pesos. VII. Is affiliated for the past 3 years with any business chamber, and has at least 250 workers for the last 6 months VIII. Is affiliated for the past 3 years with any association of exporting companies that is authorized by the SAT to provide data pre-validation services, under the terms of Article 16-A of the Customs Law, which has at least 350 affiliated maquiladora companies (for tax purposes), and has at least 250 workers for the past 6 months IX. Is listed on a stock exchange and financial market recognized under Article 16-C of the Federal Tax Code Companies that are part of a corporate group in which one of the entities complies with the above mentioned requirements, will be able to apply the exception, given that they demonstrate that are indeed part of the same group. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 14 Uncertainty There is a clear contradiction in the texts of the Regulation Projects published in CONAMER. The last publication does not establish any exemptions; that is, all IMMEX companies would be required to comply with the bond requirement in order to temporarily import sensitive goods. However, in various forums the SE has mentioned the exemptions that would be established in Rule 3.3.1 of the Rules. It is noteworthy that it seems easier to qualify for these exemptions as compared to fulfilling the current requirement that consists of obtaining the certification referred to in the IMMEX Decree. What will actually come into force remains uncertain. How can we help? Notwithstanding the uncertainty, it is advisable for IMMEX companies to review their operations and determine if these modifications would affect them. We are at your service to discuss these proposed regulations, as well as to help you with the analysis of the implications of these changes on your temporary importation of sensitive goods. Authors: Manuel Padrón and Silvia López. CPTTP thresholds published On March 15, 2019, the Hacienda published in the Diario Oficial the government procurement thresholds under the Comprehensive and Progressive Trans Pacific Partnership Agreement (CPTTP). LOCATION OF DEPENDENCIES AND ENTITIES SUBJECT TO COVERAGE OF THE CHAPTER FOR PURCHASES BY THE PUBLIC SECTOR OF THE FREE TRADE AGREEMENT ANNEX NUMBER OF THE CHAPTER OR TITLE NAME OF THE TREATY Section H of Annex 15-A – List of Mexico Chapter 15 Progressive Transpacific Partnership Agreement (CPTPP) DEPENDENCIES OF THE FEDERAL PUBLIC ADMINISTRATION LISTED IN THE CHAPTER OF PUBLIC SECTOR PURCHASES TYPE OF CONTRACT AMOUNT OF THRESHOLD IN NATIONAL CURRENCY OF THE TREATY COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP AGREEMENT (CPTPP) Procurement Contracts, Leases of Movable Property and of Services, Included Public Work (One Million, Six Hundred Twenty-Five Thousand, One Hundred Eighty and Two Public Works Contracts (Two Hundred and Eleven Million, Two Hundred and Seventy Three Thousand, Eight Hundred Twenty-Nine Pesos 00/100 MN) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 15 TYPE OF CONTRACT AMOUNT OF THRESHOLD IN NATIONAL CURRENCY OF THE TREATY COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PARTNERSHIP AGREEMENT (CPTPP) Procurement Contracts, Leases of Movable Property and of Services, Included Public Work (Eight Million, One Hundred Twenty-Five Thousand, Eight Hundred Ninety-Two Pesos 00/100 MN) Public Works Contracts (Two Hundred and Sixty Million, Forty-One Thousand, Four Hundred and Sixty-One Pesos 00/100 MN) Mexico to test eManifest for bonded facility arrivals by air On March 6, 2019, Mexico’s Tax Administration (SAT), which oversees the Customs Service, issued Fact Sheet No. 8 announcing that beginning March 11, 2019, it will test the electronic transmission of air cargo manifests via VUCEM (single window) for goods entering bonded facilities. The transmission must follow Rule 1.9.10 of the Foreign Trade Rules and include the number of the bonded facility (Recinto Fiscalizado) according to Appendix 6 of Annex 22 published in the Diario Oficial de la Federación (Federal Official Gazette) on December 19, 2017. Filers of electronic airway bills and manifests via VUCEM must meet requirements by June 30, 2019 On March 6, 2019, Mexico’s Tax Administration (SAT), issued Fact Sheet No. 8 announcing that as of June 30, 2019, transmissions of airway bills and manifests via the VUCEM (single window) in accordance with Foreign Trade Rules 1.9.10. and 1.9.17 must meet certain requirements or the companies will be subject to penalties. After June 30, in order to ensure that the information transmitted is reliable and errors are minimized or eliminated, air transportation companies, international freight agents and courier companies who carry out the electronic transmission of data to VUCEM, must meet the following requirements:  Have a point of contact available 24x7x365 to solve problems in a timely manner;  Have all the web services developed by the SAT implemented, as well as all the improvements and updates for sending and receiving XML messages;  Have a web service to transmit airway bills and manifests and receive VUCEM acknowledgement;  Have a web service to retrieve answers that were not received; and  In conjunction with their provider, conduct approved testing for volume, security and quality of information as defined by SAT The companies must also provide SAT with full technical details of their service provider(s), IP and port of origin, procedures for errors in transmissions, etc. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 16 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 03-01-19 FOREIGN AFFAIRS: Decree Promulgating the Agreement between the Government of the United Mexican States and the Government of the Republic of Cuba on Cooperation, Mutual Administrative Assistance and Exchange of Information on Customs Matters, signed in Los Cabos, Baja California Sur, Mexico, on April 20, Two thousand and eighteen. 03-05-19 ECONOMIC COMPETITION COMM.: Notice by which the investigating authority of the Federal Commission of Economic Competition informs of the beginning of the investigation by complaint identified with the file number DE-044-2018 for the possible commission of relative monopolistic practices in the import market, marketing, transportation, storage, distribution and sale to the public of liquefied petroleum gas in national territory, goods and services related to them 03-15-19 HACIENDA: Circular whereby the dependencies and their decentralized administrative bodies are informed, entities of the Parastatal Public Administration, as well as to the General Prosecutor’s Office of the Republic, subject to the Free Treaty coverage indicated, the updating of the thresholds according to the chapter of purchases with effect from January 1 to June 30, 2019. 03-22-19 ECONOMY: Acuerdo that modifies the Acuerdo by means of which the quota is announced to import, with the established tariff-quota, fresh, refrigerated and frozen pork meat. 03-25-19 ECONOMY: Decree modifying the Tariff of the Law on General Import and Export Taxes and the Decree establishing various Sectoral Promotion Programs. 03-30-19 HACIENDA: Fifth Resolution of Modifications to the General Rules of Foreign Trade for 2018, and its annexes 1-A, 4, 21, 22 and 27. 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, TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.] Presidential documents During the past month, President Trump signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities: Date Subject 03-05-19 Notice of March 4, 2019 Continuation of the National Emergency With Respect to Ukraine Notice of March 4, 2019 Continuation of the National Emergency With Respect to Zimbabwe 03-07-19 Notice of March 5, 2019 – Continuation of the National Emergency With Respect to Venezuela Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 17 Date Subject 03-13-19 Notice of March 12, 2019 – Continuation of the National Emergency With Respect to Iran 03-15-19 Presidential Determination [No. 2019-11] Pursuant to Section 303 of the Defense Production Act of 1950, as amended [AN/SSQ series sonobuoys] 03-18-19 Executive Order 13863 of March 15, 2019 – Taking Additional Steps to Address the National Emergency With Respect to Significant Transnational Criminal Organizations 03-28-19 Proclamation 9852 of March 25, 2019 – Recognizing the Golan Heights as Part of the State of Israel Notice of March 26, 2019 – Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities 03-29-19 Executive Order 13865 of March 26, 2019 – Coordinating National Resilience to Electromagnetic Pulses US and Brazilian Presidents commit to new partnership On March 19, 2019, the US White House released a joint statement by US President Trump and Brazilian President Bolsonaro in which they committed to building a new partnership between their two countries focused on increasing prosperity, enhancing security, and promoting democracy, freedom, and national sovereignty. The main points of this commitment are:  The United States and Brazil stand with the Interim President of Venezuela Juan Guaido, along with the democratically elected National Assembly, and the Venezuelan people, as they work to peacefully restore constitutional order to Venezuela.  To deepen their partnership through the United States-Brazil Security Forum to combat terrorism, narcotics and arms trafficking, cybercrimes, and money laundering, and they welcomed two new arrangements to enhance border security.  Brazil intends to exempt United States citizens from tourist visa requirements.  An agreement to take the steps necessary to enable Brazil to participate in Homeland Security’s Trusted Traveler Global Entry Program. The Presidents instructed their teams to negotiate a Mutual Recognition Agreement concerning their Trusted Trader programs, which will reduce costs for American and Brazilian companies.  United States’ intent to designate Brazil as a Major Non-NATO Ally.  A Technology Safeguards Agreement, which will enable United States companies to conduct commercial space launches from Brazil, as well as an agreement between the NASA and the Brazilian Space Agency to launch a jointly developed satellite in the near future.  Agreement to build a Prosperity Partnership to increase jobs and reduce barriers to trade and investment.  The two leaders also made a number of trade-related commitments. Brazil will implement a tariff rate quota, allowing for the annual importation of 750 thousand tons of American wheat at zero rate*. In addition, the United States and Brazil agreed to science-based conditions to allow for the importation of United States pork. In order to allow for the resumption of Brazil’s beef exports, the United States agreed to expeditiously schedule a technical visit by the US Department of Agriculture’s Food Safety and Inspection Service to audit Brazil’s raw beef inspection system, as soon as it is satisfied with Brazil’s food safety documentation.  Announcement of a new phase of the United States-Brazil CEO Forum; the creation of a $100 million Biodiversity Impact Investment Fund that will catalyze sustainable investment in the Amazon region; agreement to establish a United States-Brazil Energy Forum to facilitate energy-related trade and investment. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 18  Support for Brazil initiating the accession procedure to become a full member of the OECD. * However, on Mar. 20, 2019, Brazilian Agriculture Minister Tereza Cristina Dias clarified that Brazilian President Jair Bolsonaro, in a meeting with Trump, agreed to open its market to 750,000 tons of wheat from global exporters — not just U.S. wheat exporters. President continues national emergencies with respect to CyberEnabled activities, Iran, Venezuela, Ukraine, Zimbabwe  On March 28, 2019, the Federal Register published Presidential Notice of March 26, 2019 – Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities, which extends for an additional year the national emergency first declared by Executive Order (EO) 13694 (April 1, 2015) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the increasing prevalence and severity of malicious cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States. Additional steps were taken in EO 13757 (December 26, 2016). The national emergency is being extended because these significant malicious cyber-enabled activities continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.  On March 13, 2019, the Federal Register published Presidential Notice of March 12, 2019 Continuation of the National Emergency With Respect to Iran, which extends for an additional year the national emergency first declared by EO 12957 (March 15, 1995). More comprehensive sanctions on Iran were imposed in EO 12959 (May 6, 1995). EO 13059 (August 19, 1997) consolidated and clarified those orders. The President took additional steps pursuant to this national emergency in EO 13553 of September 28, 2010; Executive Order 13574 of May 23, 2011; Executive Order 13590 (November 20, 2011); EO 13599 (February 5, 2012); EO 13606 (April 22, 2012); EO 13608 (May 1, 2012); EO 13622 (July 30, 2012); EO 13628 (October 9, 2012); EO 13645 (June 3, 2013); EO 13716 (January 16, 2016); and EO 13846 (August 6, 2018). The national emergency is being extended because, as outlined in National Security Presidential Memorandum–11 of May 8, 2018 (Ceasing United States Participation in the Joint Comprehensive Plan of Action and Taking Additional Action to Counter Iran’s Malign Influence and Deny Iran All Paths to a Nuclear Weapon), the actions and policies of the Government of Iran, including its proliferation and development of missiles and other asymmetric and conventional weapons capabilities, its network and campaign of regional aggression, its support for terrorist groups, and the malign activities of the Islamic Revolutionary Guard Corps and its surrogates continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. The emergency declared by Executive Order 12957 constitutes an emergency separate from that declared on November 14, 1979, by Executive Order 12170, in connection with the hostage crisis. This renewal, therefore, is distinct from the emergency renewal of November 2018. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 19  On March 7, 2019, the Federal Register published Presidential Notice of March 5, 2019 Continuation of the National Emergency With Respect to Venezuela, which extends for an additional year the national emergency first declared by EO 13692 (March 8, 2015) based on the Government of Venezuela’s erosion of human rights guarantees; persecution of political opponents; curtailment of press freedoms; use of violence and human rights violations and abuses in response to antigovernment protests; and arbitrary arrest and detention of antigovernment protestors, as well as the exacerbating presence of significant government corruption. Additional steps were taken in EO 13808 (August 24, 2017), EO 13827 (March 19, 2018), EO 13835 (May 21, 2018), EO 13850 (November 1, 2018), and EO 13857 (January 25, 2019). The national emergency is being extended because the circumstances described in EO 13692, and subsequent EOs issued with respect to Venezuela, have not improved and they continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  On March 5, 2019, the Federal Register published Presidential Notice of March 4, 2019 Continuation of the National Emergency With Respect to Ukraine which extends for an additional year the national emergency first declared by EO 13660 (March 6, 2014) and expanded by EO 13661 (March 16, 2014) and EO 13662 (March 20, 2014). Additional steps were taken in EO 13685 (December 19, 2014) and EO 13849 (September 20, 2018). The national emergency is being extended because the actions and policies addressed in these Executive Orders continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  On March 5, 2019, the Federal Register published Presidential Notice of March 4, 2019 Continuation of the National Emergency With Respect to Zimbabwe which extends for an additional year the national emergency first declared by EO 13288 (March 6, 2003). Additional steps were taken in EO 13391 (November 22, 2005) and EO 13469 (July 25, 2008). The national emergency is being extended because the actions and policies of the persons addressed in these Executive Orders continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. CIT upholds constitutionality of Sec. 232 tariffs On March 25, 2019, the US Court of International Trade (CIT) denied Plaintiffs’ motion for summary judgment seeking a declaration that section 232 of the Trade Expansion Act of 1962 contains an impermissible delegation of legislative authority and granted Defendants’ motion for judgment on the pleadings in American Institute for International Steel, Inc., et al v. United States et al, Court No. 18- 00152, Slip. Op. 19-37 (Ct. Intl Trade, March 25, 2019). Judges Claire R. Kelly and Jennifer Choe-Groves wrote the opinion upholding the constitutionality of Sec. 232’s delegation to the President, concluding in part that the CIT is bound by the US Supreme Court’s decision in Energy Admin. v. Algonquin SNG, Inc., 426 U.S. 548 (1976). Judge Gary S., Katzmann wrote a separate “dubitante” opinion – an opinion where a judge considers himself or herself to be constrained or bound by precedent, but wishes to suggest an alternative view. Update on Sec. 301 Just a quick update on the evolving Section 301 situation. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 20 First, negotiations for a deal are continuing (and appear to be making meaningful progress). U.S. trade officials were in Beijing this week, and Chinese officials will be coming to Washington, DC next week, to continue the negotiations. By all accounts, progress is being made on the terms of a deal, but certain key issues remain unresolved. If progress continues to be made (which, while not guaranteed, we expect given both sides’ strong desire for a deal), there will likely be a summit/signing ceremony sometime late April-June. One of the things to keep an eye on as the talks progress is whether the deal will result in either side rolling back the duties already imposed (e.g., the List 1, 2 and 3 duties in the United States). Last week, President Trump said that, even if a deal is reached, he intended to keep the duties in place “for a substantial period of time” until he is sure that China is complying with the terms (remember, we do not always take what he says literally, but we do take it seriously). If the United States takes this approach, we expect that China will keep its retaliatory duties in place as well (the U.S. has imposed additional tariffs on $250 billion worth of Chinese-origin goods and China has imposed retaliatory duties on $110 billion worth of U.S.-origin goods). Second, the U.S. Trade Representative’s office recently released a second tranche of product exclusion approvals for List 1 [see next article and link below]. These exclusions include numerous products in Chapter 84, 85 and 90, including various types of housings, filters, rotors, valves, engines & motors. There are also exclusions for certain high tech products (ADP storage units, digital displays, LED displays), and consumer products (instrument tuners, breast pumps, salad spinners). Since the approvals are product-specific (not company-specific), all companies which import merchandise subject to Section 301 duties should be reviewing the approvals to see if they can benefit. Remember, the approvals are retroactive (e.g., back to July 6, 2018 for List 1 articles). Third, the U.S. Trade Representative’s office has not created a product exclusion process for List 3 by March 17th, despite the clear instruction from Congress in the Explanatory Statement to the Consolidated Appropriations Act, 2019 (H.J. Res. 31) (see previous post). It appears that the USTR is sticking to its position that the exclusion process will only be created if the List 3 duty rate goes from 10% to 25%. Finally, one of the ‘hidden’ (or maybe lingering) costs of the trade way will be the increased bond costs many importers are bearing as a result of the increased duties. Even if a deal is reached (and even if duties are eventually rolled back), we do not believe that bond amounts will be lowered very quickly (if at all). As a result, importers will likely be bearing this additional cost well into the future. We hope this is helpful. If you have any questions, please let us know. Author: Ted Murphy. USTR publishes notice of Sec. 301 product exclusions On March 25, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of product exclusions for submissions made pursuant to the July 11, 2019 notice regarding exclusions for products subject to the 25 percent duties on goods of China classified in 818 8-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $34 billion. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 21 Based on the evaluation of the factors set out in the July 11 notice, which are summarized in the notice and in accordance with the advice of the interagency Section 301 Committee, USTR has determined to grant the product exclusions set out in the Annex to the notice. USTR’s determination also takes into account advice from advisory committees and any public comments on the pertinent exclusion requests. As set out in the Annex to this notice, the exclusions are established in two different formats: (1) As an exclusion of an existing 10-digit subheading from within an 8-digit subheading covered by the $34 billion action, or (2) as an exclusion reflected in 30 specially prepared product descriptions. In particular, the exclusions take the form of three 10-digit HTSUS subheadings (covering 24 separate requests), and 30 specially prepared product descriptions(covering approximately 63 separate requests). In accordance with the July 11 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. USTR announces annual GSP product and country review On March 25, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of statistics availability and announcement of annual GSP review [Docket No. USTR–2019–0001]. USTR will consider petitions to modify the Generalized System of Preferences (GSP) status of GSP beneficiary developing countries (BDCs) because of country practices; add products to GSP eligibility; remove products from GSP eligibility for one or more countries; waive competitive need limitations (CNLs); deny de minimis waivers for products eligible for de minimis waivers; and redesignate currently excluded products. This review will include separate hearings on product petitions and country eligibility reviews, which USTR will announce in the Federal Register at a later date. The deadline for petitions to modify the GSP status of certain GSP beneficiary developing countries because of country practices; petitions requesting waivers of CNLs; petitions on GSP product eligibility additions or removals; petitions to deny de minimis waivers; petitions to redesignate an excluded product; and petitions for continuation of CNLs that have exceeded certain thresholds is April 18, 2019. USTR will not consider petitions submitted after the April 18, 2019 deadline. USTR will announce the petitions accepted for review, along with a schedule for any related public hearings and the opportunity for the public to provide comments, at a later date. USTR keeps Section 301, List 3 at 10% for now On March 5, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of modification of action (Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation) which states that, in accordance with the direction of the President, USTR has determined to modify the action being taken in this Section 301 investigation by postponing the date on which the rate of the additional duties will increase to 25 percent for the products of China covered by the September 2018 Action in this investigation (List 3). The rate of additional duty for the products covered by the September 2018 action will remain at 10 percent until further notice. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 22 The United States is engaging with China with the goal of obtaining the elimination of the acts, policies, and practices covered in the investigation. The leaders of the United States and China met on December 1, 2018, and agreed to hold negotiations on a range of issues, including those covered in this Section 301 investigation. USTR announces effective date for US-Morocco FTA rules of origin modifications On March 22, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the effective date for modifications to the rules of origin for certain goods of Morocco under the United StatesMorocco Free Trade Agreement (USMFTA) that were modified in December 2018 by Presidential Proclamation 9834. On March 4, 2019, Morocco notified the United States that it had completed its domestic procedures to give effect to the agreement to change the USMFTA rules of origin for certain apparel goods of specified fabrics with respect to goods of the United States. Subsequently, Morocco and the United States agreed to implement these changes with respect to each other’s eligible goods, effective April 1, 2019. US to terminate GSP designation for India and Turkey On March 4, 2019, the US Trade Representative (USTR) Robert Lighthizer announced (at the direction of President Trump) that the United States intends to terminate India’s and Turkey’s designations as beneficiary developing countries under the Generalized System of Preferences (GSP) program because they no longer comply with the statutory eligibility criteria. The announcement said: India’s termination from GSP follows its failure to provide the United States with assurances that it will provide equitable and reasonable access to its markets in numerous sectors. Turkey’s termination from GSP follows a finding that it is sufficiently economically developed and should no longer benefit from preferential market access to the United States market. By statute, these changes may not take effect until at least 60 days after the notifications to Congress and the governments of India and Turkey, and will be enacted by a Presidential Proclamation. *** The United States launched an eligibility review of India’s compliance with the GSP market access criterion in April 2018. India has implemented a wide array of trade barriers that create serious negative effects on United States commerce. Despite intensive engagement, India has failed to take the necessary steps to meet the GSP criterion. The United States designated Turkey as a GSP beneficiary developing country in 1975. An increase in Gross National Income (GNI) per capita, declining poverty rates, and export diversification, by trading partner and by sector, are evidence of Turkey’s higher level of economic development. ITC proposes to amend rules on submission and consideration of petitions for duty suspensions and reductions On March 14, 2019, the US International Trade Commission (ITC) published in the Federal Register proposed amendments [Docket No. MISC-046] to Part 220 of its Rules of Practice and Procedure. Part 220 governs the submission and consideration of petitions for duty suspensions and reductions under the Ameri- Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 23 can Manufacturing Competitiveness Act of 2016. The amendments are necessary to clarify certain provisions and address concerns that have arisen in ITC practice. To be assured of consideration, written comments must be received by 5:15 p.m. April 15, 2019. ITC investigations The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release) Investigation. No. and title Inv, 332-345 Recent Trends in U.S. Services Trade, 2019 Annual Report (RFI) [April 1, 2019: Deadline for filing written submissions. September 20, 2019: Anticipated date for online publication of the report]. Inv. FTA-103-032 U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin (I/RFC) Commerce initiates Sec. 232 investigation into titanium sponge imports On March 4, 2019, the Department of Commerce announced that Secretary of Commerce Wilbur Ross accepted the Section 232 petition filed on September 27, 2018, by domestic producer Titanium Metals Corporation (TIMET) and launched an investigation into whether the quantity or circumstances of titanium sponge imports into the United States threaten to impair the national security. Secretary Ross sent a letter to Acting Secretary of Defense Patrick Shanahan informing him that he has initiated an investigation in response to this petition. The Department of Defense supports the initiation of this 232 investigation on titanium sponge. Titanium sponge is the primary form of titanium metal from which almost all other titanium products are made. Titanium is used in the production of strategic articles such as military aircraft, space vehicles, satellites, naval vessels, missiles, and munitions. It is also widely used in critical infrastructure and commercial applications such as civilian aircraft, chemical plants, oil and gas plants, electric power and desalination plants, building structures, automobile products, and bio-medical devices. Imports account for more than 60 percent of U.S. titanium sponge consumption. Currently only one facility in the United States has the capacity to process titanium ore into the sponge used in manufacturing. Titanium sponge is difficult to stockpile for long periods as it degrades, rendering the sponge unsuitable for the most demanding military and aerospace applications. On March 8, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register a notice requesting the submission by interested parties of comments, data, analyses, or other information pertinent to the investigation by April 22, 2019. Rebuttal comments will be due by May 22, 2019. Commerce is particularly interested in comments and information directed to the criteria listed in 15 C.F.R. § 705.4 of the National Security Industrial Base Regulations (NSIBR) as they affect national security including the eight issues identified in the notice. Rebuttal comments may only address issues raised in comments filed on or before April 22, 2019. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 24 State receives Chilean request for cultural property protection On March 11, 2019, the Department of State published in the Federal Register a notice [Public Notice 10699] indicating that the Government of Chile has made a request to the Government of the United States under Article 9 of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. State received this request on February 4, 2019. Chile’s request seeks U.S. import restrictions on archaeological material representing Chile’s cultural patrimony. Pursuant to the authority vested in the Assistant Secretary of State for Educational and Cultural Affairs, and pursuant to 19 U.S.C. 2602(f)(1), notification of the request is hereby published. A public summary of Chile’s request and information about U.S. implementation of the 1970 UNESCO Convention is available at the Cultural Heritage Center website: https://eca.state.gov/cultural-heritage-center . CBP, Ireland ink new preclearance agreement On March 18, 2019, US Customs and Border Protection (CBP) announced that a new agreement between CBP and Ireland makes it easier to travel between the US and the Emerald Isle. CBP Executive Assistant Commissioner Todd Owen and Irish Ambassador Daniel Mulhall signed the accord that expands preclearance in Ireland. According to CBP, the amended agreement allows for continued expansion of preclearance services in Dublin and Shannon, Ireland, including extended service hours, increased staffing, cost recovery, and improved officer safety. The expansion directly improves CBP’s strategic plan. It tackles the continually evolving security threat posed by high-risk air travelers by allowing the agency to work with foreign law enforcement and commercial carriers while still providing unique passenger services. At a preclearance location, CBP officers perform the same immigration, customs, and agriculture clearances typically done upon arrival in the US before international travelers depart from certain foreign airports. After landing in the US, they save time by avoiding any inspections and just continue to their destinations as if they arrived on a domestic flight. Pre-inspection, a forerunner to preclearance, started in Ireland in 1986 and evolved in 2008 to a preclearance agreement. Two years of negotiations between the Department of Homeland Security, CBP, the US State Department, the Irish Department of Transport, Tourism and Sport, and other agencies, led to the signing of this new agreement in early 2017. CBP has 15 air preclearance locations in six countries, including Ireland, Aruba, the Bahamas, Bermuda, United Arab Emirates, and several locations in Canada. CBP/ICE launch multi-agency Global Trade Task Force On March 11, 2019, Customs officials in Detroit announced the launching of a Global Trade Task Force (GTTF), a US Customs and Border Protection and US Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) multi-agency effort that leverages robust import and export controls and investigative authorities to combat illicit commercial activities. HSI Detroit Special Agent in Charge Steve Francis called the task force a vital next step in the battle against threats to the commerce stream and national security. He said this new DHS Detroit led task force could serve as a national model for related investigations across the agency and beyond. The announcement said in part: Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 25 The new task force combines the investigative, interdiction, regulatory, and licensing capabilities from a variety of agencies, including HSI,CBP, the Drug Enforcement Administration, the Commerce Department’s Bureau of Industry and Security, and the FDA’s Office of Criminal Investigations. The GTTF’s primary mission is to counter the following types of illicit commercial activities:  Health & Safety: Trafficking of counterfeit, substandard, or tainted merchandise, with an emphasis on goods that pose a threat to public health or safety including pharmaceuticals and cosmeceuticals, automotive, aerospace, rail, and heavy industry products; and environmental crimes.  Trade Crime: Financially-motivated fraud schemes that deprive revenue from the United States government or which harm businesses, rights holders, or undermine financial institutions.  Counter-Proliferation: Illegal export of United States military products, sensitive dual-use technology, weapons of mass destruction, or chemical, biological, radiological, and nuclear materials. To kick off the GTTF, CBP along with HSI and other agencies began a weeklong enforcement effort at the Detroit Metropolitan Airport and Port Huron Blue Water Bridge Ports of Entry. The action targeted merchandise and shipments entering and exiting the United States from foreign countries at the FedEx, DHL, rail, and the centralized examination station. During the weeklong surge, CBP and HSI seized more than $1,000,0000 MSRP in counterfeit goods and counterfeit prescription drugs, which included, counterfeit Xanax pills and Botox, counterfeit Transceiver Network Modules, counterfeit e-cigarettes, and counterfeit Rolexes and iPhone, among other items. CBP extends import restrictions for Archaeological and Ecclesiastical Ethnological Material from Honduras On March 12, 2019, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 19–03] that amends the CBP regulations to reflect an extension of import restrictions on certain archaeological and ecclesiastical ethnological material from Honduras. The restrictions, which were originally imposed by CBP Dec. 04–08 and last extended by CBP Dec. 14–03, were due to expire March 12, 2019. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has made the requisite determination for extending the import restrictions that previously existed and entering into a new Memorandum of Understanding (MOU) with Honduras to reflect the extension of these import restrictions. The new MOU supersedes the existing agreement that became effective on March 12, 2014. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this further extension through March 12, 2024. CBP Dec. 14–03 contains the amended Designated List of archaeological and ecclesiastical ethnological material from Honduras to which the restrictions apply. CBP re-opens comment period for 21st Century Customs Framework On March 12, 2019, US Customs and Border Protection (CBP) published in the Federal Register a document [Docket No. USCBP–2018–0045] re-opening the public comment period on the six key themes identified by “The 21st Century Customs Framework” initiative: (1) Emerging Roles in the Global Supply Chain; (2) Intelligent Enforcement; (3) Cutting-Edge Technology; (4) Data Access and Sharing; (5) 21st Century Processes; and (6) Self-Funded Customs Infrastructure. Brief descriptions of each theme are provided in the March 12 document along with the request for public comments on questions posed by CBP related to each theme. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 26 Comments must be received on or before April 11, 2019. 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 03-01-19 Agency Information Collection Activities: Application-Permit-Special License Unlading-Lading-Overtime Services [OMB Control No. 1651-0005] (N) [CBP Form 3171] Agency Information Collection Activities: Vessel Entrance or Clearance Statement [OMB Control No. 1651-0019] (N) [CBP Form 1300] 03-04-19 Accreditation and Approval of SGS North America, Inc. (East Alton, IL), as a Commercial Gauger and Laboratory (N) 03-11-19 Agency Information Collection Activities: Cargo Container and Road Vehicle Certification for Transport Under Customs Seal [OMB Control No. 1651-0124] (N) Agency Information Collection Activities: User Fees [OMB Control No. 1651- 0052] (N) [CBP Forms 339A, 339C and 339V] 03-21-19 Agency Information Collection Activities: Customs-Trade Partnership Against Terrorism (C–TPAT) and the Trusted Trader Program [OMB Control No. 1651- 0077] (N) 03-25-19 Agency Information Collection Activities: Certificate of Registration [OMB Control No. 1651-0010] (N) [CBP Forms 4455, 44557] 03-26-19 Accreditation and Approval of NMK Resources, Inc. (Kenner, LA) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of NMK Resources, Inc. (Roselle, NJ) as a Commercial Gauger and Laboratory (N) 03-27-19 Agency Information Collection Activities: Country of Origin Marking Requirements for Containers or Holders [OMB Control No.: 1651-0057] (N) [19 CFR 134.22(b)] 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 02-28-19 EAPA Investigation 7270: Newtrend USA Co., Ltd. (Notice of Initiation of Investigation and Interim Measures) Glycine (“covered merchandise”) that was ALLEGEDLY transshipped through Thailand, without declaring the merchandise as subject to Order A-570-836 Revocations or modifications of CBP rulings See separate section below. CBP post FAQs on new 5106 form On March 15, 2019, CSMS # 19-000134 announced that US Customs and Border Protection (CBP) posted a list of frequently asked questions (FAQs) for the Create/Update Importer Identity Form (CBP Form 5106). The FAQs answer questions about paper forms 5106, updating existing filings, who has to file, etc. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 27 CBP issues instructions on submitting imports of second group of exclusions under Section 301 On March 22, 2019, CBP issued CSMS# 19-000155, Submitting Imports of Second Group of Products Excluded from Section 301 Duties. The CSMS states: BACKGROUND: On March 25, 2019, the U.S. Trade Representative will publish a Federal Register Notice announcing the decision to grant the second group of certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China (Tranche 1). The product exclusions announced in this notice will be retroactive as of the July 6, 2018 effective date (see 83 FR 28710). The exclusions will extend for one year after the March 25, 2019 Federal Register notice. The exclusions are available for any product that meets the description in the Annex to the Federal Register notice, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10- digit headings and product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of the second group of products excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) on March 22, 2019. INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS: Instructions on submitting entries to CBP containing products granted exclusions by USTR from the Section 301 measures in the March 25, 2019 Federal Register notice are as follows: In addition to reporting the regular Chapters 84, 85 & 90 classification of the Harmonized Tariff Schedule of the United States (HTSUS) for the imported merchandise, importers shall report the HTSUS classification 9903.88.06 (Articles the product of China, as provided for in U.S. note 20(i) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion. Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.06 is submitted. ADDITIONAL INFORMATION: Duty exclusions granted by USTR are retroactive on imports to the initial effective date of July 6, 2018. To request an administrative refund for previous imports of dutyexcluded products granted by USTR, importers may file a Post Summary Correction (PSC) following the same entry filing instructions above. If the entry has already liquidated, importers may protest the liquidation. Reminder: When submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, please refer to CSMS 18-000657 (Entry Summary Order of Reporting for Multiple HTS in ACE). Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the FTZ provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. For more information, please refer to the March 25, 2019 Federal Register notice. Questions from the importing community concerning ACE entry rejections involving product exclusion numbers should be referred to their CBP Client Representative. Questions related to Section 301 entry filing requirements should be emailed to [email protected] . Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 28 TFTEA causes HTSUS unit of quantity changes On March 8, 2019, US Customs and Border Protection (CBP) posted the following notice and a fact sheet on its website: To ensure that the Harmonized Tariff Schedule of the United States (HTSUS) is aligned with the Trade Facilitation and Trade Enforcement Act (TFTEA), which was signed into law on February 24, 2016, CBP has worked with the United State[sic] International Trade Commission and the United States Census Bureau to change HTSUS units of quantities (UOQ) that were previously listed as “X” to specific quantities, such as kilograms (“kg”), number (“No.”), etc. The first HTSUS UOQ update was made on January 1, 2019, and converted all the dutiable ten digit statistical suffixes that previously had a UOQ of “X” to a specific quantity. The next update HTSUS UOQ update is tentatively scheduled to be implemented on January 1, 2020, and will convert all the remaining statistical suffixes with a UOQ of “X” to a specific quantity. For additional information on the HTSUS UOQ changes, please refer to the document links on the right hand side of this page. Questions about this initiative should be emailed to [email protected] In addition to the fact sheet, there is a table listing all the HTS unit of quantity changes as of January 1, 2019 here. CSMS messages The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below. Date CSMS# Title 03-01-19 19-000097 Scheduled Retirement of AM and ESM Reports and Universes 19-000098 Scheduled Retirement of AM and ESM Reports and Universes 19-000100 Enforcement dates for In-bond and ISF-5 to be determined at later date 19-000101 Importer Account UI (CBP Form 5106) Demo Webinar, March 7, 2019 2:00 PM ET 19-000102 Updated ACE Development and Deployment Schedule posted to CBP.gov/ACE 19-000103 Correction to CSMS 19-000100 Enforcement dates for In-bond to be determined at later date 03-06-19 19-000104 Brief Delay In Processing SE Messages 19-000105 CBP continues to investigate ACE Cargo Release issue from this morning 19-000106 Cargo Rlease Issues Resolved 03-07-19 19-000108 Harmonized System Update (HSU) created on March 6, 2019 19-000109 A/P Delay for Drawback Claims Returned to Trade Control on December 17, 2018 03-08-19 19-000110 Updated ACE Reports Information Notice 19-000111 Updated 5106 CATAIR and Appendix C 19-000113 PGA correction transaction (CA/CC) has poorly formatted ACE Cargo Release (SO) generated 19-000114 New unit of quantity given on dutiable statistical suffixes on January 1, 2019 19-000115 Resolved: PGA correction (CA/CC) has poorly formatted ACE Cargo Release (SO) generated 03-11-19 19-000116 FDA Downtime 3/16/19 11 PM Eastern through 3/17/19 5 AM Eastern 19-000117 CBP webinar on Enforcement of Importer Security Filing-5 (ISF5) Fri, Mar. 15 2 – 3 PM ET Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 29 Date CSMS# Title 19-000118 Reminder: ACE Deployment on March 16, 2019 03-12-19 19-000119 New Time: March 14, 2019 ACE Bi-Weekly Trade Call 03-13-19 19-000120 CERT Deployment for ACE 5106 19-000121 Initiation of AD Investigations: Acetone from Multiple Countries 19-000123 ACE CERTIFICATION CEE ID deployment, Thursday Mar 14, 2019 @ 0600 ET 19-000124 Denver Port Closed Wednesday, March 13, 2019 03-14-19 19-000125 FDA End-dating a CDRH Product Code and Adding New CDER Product Codes 19-000126 ACE Reports Webinar for Trade ACE Account Holders – March 21, 2019 11:00 AM – 12:30 PM ET 19-000127 Reminder: ACE Deployment on March 16, 2019 – Resources & New Training Now Available 03-15-19 19-000128 Initiation of AD/CVD Duty Investigation: 19-000129 Reminder: FDA Downtime 3/16/19 11 PM Eastern through 3/17/19 5 AM Eastern 19-000130 Upcoming Deployment of Enhanced PGA Message Set Universe 19-000131 Upcoming Deployment of New Standard Reports for Importer and Broker ACE Account Holders 19-000132 FDA New and End-Dated CVM Class Codes and Product Codes 19-000134 Create/Update Importer Identity Form (CBP Form 5106) Frequently Asked Questions 03-18-19 19-000135 Document Image System (DIS) File Name and Document Label Guidance for CBMA 19-000136 Delayed Importer/Bond Query (KI/KR) Response Times 03-19-19 19-000138 Resolved: Delayed Importer/Bond Query (KI/KR) Response Times 19-000139 Information about NMFS SIM program updates 19-000140 ACE Deployment Support Call on March 20, 2019 Cancelled 19-000141 FDA ITACS Planned Maintenance Saturday, 3/23/19 1 AM – 6 AM ET 03-21-19 19-000143 ACE PRODUCTION and CERT Drawback & Recon Deploys, Thur 3/21/2019 @0500ET 19-000144 Port of St. Louis Phone System Down 19-000145 Draft of Cargo Release CATAIR with new Entry Type 86 (Section 321) 19-000146 Common Create/Update Importer Identity Form (CBP Form 5106) ACE Error Message Solutions 19-000147 Resolved: Port of St. Louis Phone System Down 03-22-19 19-000148 Correction – DIS File Name and Document Label Guidance for CBMA 19-000149 Update: Common Create/Update Importer Identity Form (CBPForm 5106) Error Message Solution 19-000150 Update to FDA ITACS Planned Maintenance Saturday, 3/23/19 1am – 9am ET 19-000151 Date Correction: ACE PRODUCTION Drawback & Recon Deployments, Saturday March 23 @2200 19-000152 CBP investigating Entry Summary rejects with message TRFF ADJSTMNT HTS NOT ALLOWED 19-000153 Update to FDA ITACS Planned Maintenance Saturday, 3/23/19 Cancelled 19-000155 Submitting Imports of Second Group of Products Excluded from Section 301 Duties 19-000156 Upcoming Section 321 Deployment for ACE Truck Manifest March 30th 03-25-19 19-000157 FTZ reject 107 BILL OF LADING NOT ON FILE 19-000158 New FDA CFSAN Product Code 19-000159 Resolved – FTZ reject 107 Bill of Lading Not on File Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 30 Date CSMS# Title 03-26-19 19-000160 Harmonized System Update (HSU) 1904 created on March 25, 2019 19-000161 Resolved – Entry Summary Rejects 19-000162 Trade Policy Update: A/P Delay for Drawback Claims Returned to Trade Control 03-27-19 19-000163 Mandatory Change for ALL Trade EZVPN Users 19-000165 Update: Mandatory Change for ALL Trade EZVPN Users 03-28-19 19-000166 Initiation of ADCVD Investigations: Wooden Cabinets & Vanities from the PRC 03-29-19 19-000167 ACE Reports Webinar for the Trade Available on CBP.gov 19-000168 Reminder: Section 321 Deployment for ACE Truck Manifest this weekend Foreign-Trade Zones The following documents were published in the Federal Register by the ForeignTrade Zones Board: F.R. Date Document 03-01-19 Proposed Foreign-Trade Zone— Jefferson County, Colorado; Under Alternative Site Framework [B–09–2019] 03-05-19 Foreign-Trade Zone 279—Terrebonne Parish, Louisiana; Application for Expansion of Subzone 279A; ThomaSea Marine Constructors, L.L.C., Houma and Lockport, Louisiana [S–29–2019] Approval of Subzone Status; Gulf Coast Growth Ventures LLC, San Patricio County, Texas [Order No. 2079] 03-07-19 Foreign-Trade Zone 123 – Denver, Colorado; Notification of Proposed Production Activity; Lexmark International, Inc. (Organic Photoconductor Drums); Longmont, Colorado [B-12-2019] 03-11-19 Foreign-Trade Zone 41— Milwaukee, Wisconsin; Authorization of Production Activity; Jeneil Biotech, Inc. (Natural Fragrance Intermediates), Saukville, Wisconsin [B–73–2019] 03-13-19 Foreign-Trade Zone 123—Denver, Colorado Application for Subzone, Lexmark International, Inc., Longmont, Colorado [S–35–2019] Foreign-Trade Zone 158— Jackson, Mississippi; Notification of Proposed Production Activity; Calsonic Kansei North America (Automotive Parts), Canton, Mississippi [B–011–2019] Foreign-Trade Zone 78— Nashville, Tennessee; Notification of Proposed Production Activity; Calsonic Kansei North America (Automotive Parts), Shelbyville and Lewisburg, Tennessee [B–010–2019] 03-15-19 Approval of Subzone Status adidas America, Inc. Wilkes-Barre, Pennsylvania [S-218-2018] Foreign-Trade Zone 12-McAllen, Texas; Notification of Proposed Production Activity; Universal Metal Products, Inc.; (Formed and Converted Metal for Commercial and Industrial Use); Pharr, Texas [B–08–2019] 03-19-19 Approval of Subzone Status, Puerto Rico Steel Products Corporation, Coto Laurel, Puerto Rico [S-222-2018] Foreign-Trade Zone 70—Detroit, Michigan; Notification of Proposed Production Activity; Detroit Bikes LLC (Electric and Non-Electric Cycles), Detroit, Michigan [B–13–2019] Foreign-Trade Zone (FTZ) 124-Gramercy, Louisiana; Notification of Proposed Production Activity; Offshore Energy Services, Inc. (Casing Pipe With Connectors), Broussard, Louisiana [B–14–2019] 03-19-19 Reorganization of Foreign-Trade Zone 64 (Expansion of Service Area) under Alternative Site Framework, Jacksonville, Florida [Order No. 2080] 03-22-19 Foreign-Trade Zone 294-Western Kentucky; Authorization of Production Activity; Mayfield Consumer Products; (Candles); Mayfield and Hickory, Kentucky [B–62–2018] Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 31 F.R. Date Document 03-25-19 Foreign-Trade Zone 163—Ponce, Puerto Rico; Notification of Proposed Production Activity; Puerto Rico Steel Products Corporation (Construction and Fencing Products), Coto Laurel, Puerto Rico [B-15-2019] 03-26-19 Foreign-Trade Zone 119— Minneapolis-St. Paul, Minnesota; Authorization of Production Activity; AGCO Corporation; Subzone 119M; (Agricultural Equipment and Related Subassemblies and Components); Jackson and Round Lake, Minnesota [B–64–2018] Foreign-Trade Zone 151— Findlay, Ohio; Notification of Proposed Production Activity; Whirlpool Corporation (Dishwashers); Findlay, Ohio [B–16–2019] 03-27-19 Approval of Subzone Status; Fender Musical Instruments Corporation; San Bernardino and Corona, California [S-03-2019] Foreign-Trade Zone 203—Moses Lake, Washington; Notification of Proposed Production Activity; Framatome, Inc. (Fuel Rod Subassemblies); Richland, Washington [B-17-2019] AES updates a country name Please note that the country name shown below has been updated in the Automated Export System (AES), effective March 18, 2019. The ISO Country Code remains the same. OLD COUNTRY NAME NEW COUNTRY NAME ISO COUNTRY CODE Macedonia North Macedonia MK OFAC extends authorization for transactions with PDVH and CITGO and wind down of contracts and trades involving certain bonds and securities On March 14, 2019, OFAC reissued General License 7 (“GL 7”) as General License 7A (“GL 7A”) to extend the general license’s authorization for certain activities involving PDV Holding, Inc. (“PDVH”) and CITGO Holding, Inc. (“CITGO”). While the original GL 7(a) was set to expire on July 27, 2019, GL 7A(a) automatically renews on the first day of each month, and is valid for a period of 18 months from March 14, 2018 (i.e. until September 14, 2020) or the date of any subsequent renewal of GL 7A, whichever is later. GL 7A(a) authorizes certain transactions with PDVH, CITGO, and their subsidiaries that would otherwise be prohibited as a result of the designation of their parent, Petroleos de Venezuela, S.A. (“PdVSA”), on January 28, 2019 under Executive Order 13850. We note that the separate petroleum-related provision that appears in GL 7(b) has not changed, and still expires on April 28, 2019. GL 7A(b) continues to authorize PDVH, CITGO, and their subsidiaries to engage in transactions ordinarily incident and necessary to the purchase and importation of petroleum and petroleum products from PdVSA (and any entity in which PdVSA owns, directly or indirectly, a 50 percent or greater interest). Our prior blog posts on the scope of GL 7 are here and here. In addition, on March 8, 2019, OFAC reissued General License 3C (“GL 3C”) as General License 3D(“GL 3D”), and reissued General License 9B (“GL 9B”) as General License 9C (“GL 9C”). The amended licenses extend the expiration date of the provisions therein relating to the wind down of certain financial contracts or other agreements involving the bonds listed in the Annex to GL 3D and trades in certain PdVSA securities from March 11, 2019 to May 10, 2019. Our prior blog post on the scope of GL 3C and GL 9B is here. OFAC also correspondingly updated FAQs 661 and 662. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 32 If you have any questions, please contact the authors: Bart M. McMillan, Lise S. Test and Daniel Andreeff, or any member of the US Outbound Trade group with whom you normally work.. DECCS Commodity Jurisdiction testing to begin March 25 The industry testing period for the Commodity Jurisdiction (CJ) application will open the week of March 25th . In addition to the new application, the system is being upgraded to provide even more functionality and security. Another announcement will be posted when the system is available for testing. Please contact the IT Modernization Team at [email protected] with any questions. OFAC expands economic sanctions on Venezuela through additional Venezuela-related designations The US Treasury Department’s Office of Foreign Assets Control (“OFAC”) continues to escalate the use of sanctions against the Maduro regime as well as entities that support the Maduro regime through the designation of high-profile parties as Specially Designated Nationals (“SDNs”). These designations increase the compliance risks for both US and non-US parties attempting to do business with Venezuela. Companies should watch out for additional designations under the Venezuelan sanctions, including possible designations of companies in the financial sector, gold sector, or other key sectors of the Venezuelan economy. As a result of these SDN designations, all of the property and interests in property within US jurisdiction of the designated individuals and entities are blocked. “US Persons” are generally prohibited from engaging in transactions with SDNs and any entities 50% or more owned by SDNs. “US Persons” include (i) entities organized under US laws and their non-US branches, (ii) individuals or entities in the United States, or (iii) US citizens or permanent resident aliens (“Green Card” holders) wherever located or employed. Non-US Persons may be liable under the sanctions if they “cause” SDN-related transactions to occur in whole or in part in the United States. Designation of a Russian Bank for Attempting to Circumvent US Sanctions on Venezuela On March 11, 2019, OFAC designated Evrofinance Mosnarbank (“Evrofinance”), a Moscow-based bank jointly owned by Russian and Venezuelan state-owned companies, as an SDN. OFAC designated Evrofinance under Executive Order (“EO”) 13850 of November 1, 2018, as amended by EO 13857 of January 25, 2019, based on a determination that Evrofinance was a foreign financial institution that had “materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, Petroleos de Venezuela S.A.” In its press release, the US Treasury Department described Evrofinance’s role in financing the Venezuelan government’s cryptocurrency, the Petro, which is the target of US sanctions under EO 13827 of March 19, 2018. The US government views the Petro as a tool of the Maduro regime to circumvent US financial sanctions. The US Treasury Department advised that this designation was to demonstrate that the US government will take action against foreign financial institutions that sustain the Maduro regime. Designation of Parties for Operating in Venezuelan Gold Sector Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 33 On March 19, 2019, OFAC designated CVG Compania General de Minera de Venezuela CA (“Minerven”), Venezuela’s state gold mining company, and its President Adrian Antonio Perdomo Mata as SDNs under EO 13850, as amended by EO 13857, for operating in the Venezuelan gold sector. EO 13850 provides OFAC with the authority to designate parties determined “to operate in the gold sector of the Venezuelan economy or in any other sector of the Venezuelan economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State.” In its press release, the US Treasury Department stated that these designations targeted “the illicit gold operations that have continued to prop up the illegitimate regime of former President Nicolas Maduro.” Designation of Venezuelan Financial Institutions Most recently, on March 22, 2019, OFAC designated state-owned and controlled bank Banco de Desarrollo Economico y Social de Venezuela (“BANDES”), as well as four additional financial institutions that BANDES owns or controls, as SDNs under EO 13850, as amended by EO 13857, for operating in the Venezuelan financial sector of the Venezuelan economy. This followed a determination that persons operating in Venezuela’s financial sector may be subject to sanctions pursuant to EO 13850, as amended by EO 13857. The US Treasury Department’s press release stated that these designations were made in response to the illegal arrest of an aide to Juan Guaido, who the US government recognizes as the President of Venezuela. The four financial institutions designated for being owned or controlled by BANDES are:  Banco Bandes Uruguay S.A. (“Bandes Uruguay”),  Banco Bicentenario del Pueblo, de la Clase Obrera, Mujer ye Comunias, Banco Universal C.A. (“Banco Bicentenario del Pueblo”),  Banco de Venezuela SA Banco Universal (“Banco de Venezuela”), and  Banco Prodem S.A. (“Banco Prodem”) OFAC issued a new FAQ 663 confirming that only the entities on the Specially Designated Nationals and Blocked Persons List and any entity 50% or more owned by SDNs are blocked. That said, in light of the determination that persons operating in Venezuela’s financial sector may be subject to sanctions pursuant to EO 13850, as amended by EO 13857, additional Venezuelan financial institutions could be designated in the future. Concurrently with these designations, OFAC re-issued one general license (“GL”) and issued four new GLs authorizing certain transactions related to certain of the four Venezuelan financial institutions designated for being owned or controlled by BANDES. The authorizations in these general licenses only extend to the SDNs named therein, and none of these authorizations extend to transactions involving BANDES itself. These descriptions are not exhaustive; each GL should be reviewed in detail before relying on the authorizations contained therein.  GL 4 was re-issued as GL 4A. GL 4A continues to authorize US Persons to engage in certain transactions related to, the provision of financing for, and other dealings in new debt prohibited under EO 13808 of August 24, 2017 related to the export or reexport from the United States or by US Persons of agricultural commodities, medicine, medical devices, or replacement parts and components for medical devices to Venezuela, or to persons in third countries purchasing specifically for resale to Venezuela. GL 4A now authorizes such transactions Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 34 where Banco de Venezuela or Banco Bicentenario del Pueblo are involved (but not BANDES, Bandes Uruguay, or Banco Prodem). These exports and reexports must be licensed or otherwise authorized under the Export Administration Regulations, 15 C.F.R. Parts 730-774. (No expiration date.)  GL 15 authorizes transactions between the following entities and their subsidiaries and Banco de Venezuela and Banco Bicentenario del Pueblo: (i) MasterCard Incorporated, (ii) Visa Inc., (iii) American Express Company, (iv) Western Union Company, and (v) MoneyGram International. (Valid through March 21, 2020).  GL 16 authorizes all transactions and activities ordinarily incident and necessary (i) to maintaining or closing accounts of US Persons with Banco de Venezuela and Banco Bicentenario del Pueblo; and (ii) to processing personal remittances with Banco de Venezuelaand Banco Bicentenario del Pueblo. (Valid through March 21, 2020).  GL 17 authorizes all transactions and activities ordinarily incident and necessary to the wind-down of operations, contracts, or other agreements that were in place prior to March 22, 2019, and involve Banco de Venezuela, Banco Bicentenario del Pueblo, or Banco Prodem. (Valid through May 20, 2019).  GL 18 authorizes all transactions and activities ordinarily incident and necessary to maintain or operate Integración Administradora de Fondos de Ahorro Provisional, S.A. (“Integración”), whose fund administrator is owned 50% or more by Bandes Uruguay. These include purchases from or sales to Integración of securities or serving as a custodian for securities held by Integración (No expiration date.) In addition to FAQ 663 referenced above, OFAC also issued FAQ 664, which clarifies that US financial institutions may process transactions and maintain correspondent accounts where authorized to do so under GLs 4A, 15, 16, 17, and 18. If you have any questions, please contact the authors: Kerry B. Contini, Eunkyung Kim Shin, Meghan Hamilton, or any member of the US Outbound Trade Group with whom you normally work. US Government to allow private actions under Helms-Burton Act against entities on Cuba Restricted List On March 4, 2019, Secretary of State Pompeo announced that beginning on March 19, the suspension of the right to bring private actions in US federal court against Cuban entities handling confiscated property under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (known as the “HelmsBurton Act”) will not apply to Cuban entities or sub-entities identified on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (the “Cuba Restricted List,” available here). The right to sue all other Cuban entities and foreign entities under Title III has been further suspended, but only for a 45 day period through April 17, 2019. Title III of the Helms-Burton Act authorizes US nationals (including Cubans who have since become US nationals) who formerly owned commercial property expropriated by the Cuban Government after the country’s 1959 communist revolution to file suit in US courts against persons (including foreign companies) that may be “trafficking” in that property. For purposes of Title III, a person “traffics” in confiscated property if that person knowingly and intentionally, without the authorization of any US national who holds a claim to the property: Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 35 1. sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an interest in confiscated property; 2. engages in a commercial activity using or otherwise benefiting from confiscated property; or 3. causes, directs, participates in, profits from or otherwise engages in, trafficking by or through another person. “Trafficking” does not include the delivery of international telecommunication services to Cuba, transactions incident to lawful travel to Cuba, or transactions by a person who is a citizen and resident of Cuba and who is not an official of the Cuban Government or the ruling political party in Cuba. Title III does not generally authorize suits regarding real property used for residential purposes. The aim of Title III is effectively to prevent foreign investment in Cuba by threatening investors with potential lawsuits for trafficking in confiscated property. Title III has never previously been tested in court. Title III may be suspended by the President for not more than six months if necessary to the national interest of the United States and if suspension will expedite a transition to democracy in Cuba. Successive past US administrations have continuously suspended Title III in six-month increments since the Helms-Burton Act was enacted in 1996. In contrast, the Trump Administration waived Title III for only 45 days beginning February 1, 2019, indicating a potential shift in its enforcement. As of March 19, US nationals will be authorized to sue the approximately 200 parties listed on the Cuba Restricted List, which includes entities and subentities that are under the control of, act for or on behalf of, the Cuban military, intelligence, or security service or personnel. It includes certain Cuban ministries, holding companies, hotels, tourist agencies, marinas, retail and other stores, and entities directly serving the Cuban defense and security sectors. Our prior blog post on the Cuba Restricted List can be found here. This exception to the continued suspension is likely an effort to pressure the Cuban government, which has been supportive of the Maduro regime in Venezuela. US Government officials indicate that they will continue to study the impact of the suspension of Title III with regard to all Cuban entities and not just those on the Cuba Restricted List. Foreign investors may also be at risk if the continued suspension as it relates to them is further narrowed or, worst case, allowed to lapse come April 17, 2019. Companies doing business in or with Cuba may wish to begin assessing their potential exposure to potentially trafficked property. If you have any questions, please contact the authors: Alison J. Stafford Powell, Inessa Owens and Callie Lefevre, or any member of the US Outbound Trade Group with whom you normally work. OFAC takes action in partnership with the EU and Canada On March 15, 2019, the Office of Foreign Assets Control (OFAC) designated six Russian individuals and eight entities in response to Russia’s continued and ongoing aggression in Ukraine. In its press release, OFAC said the action targets individuals and entities playing a role in Russia’s unjustified attacks on Ukrainian naval vessels in the Kerch Strait, the purported annexation of Crimea, and backing of illegitimate separatist government elections in eastern Ukraine. These actions complement sanctions also taken on March 15 by the European Union and Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 36 Canada, and underscore the strength and commitment of the transatlantic partnership to counter Russia’s continued destabilizing behavior and malign activities. OFAC publishes CAPTA List On March 15, 2019, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule amending the Iranian Financial Sanctions Regulations (IFSR; 31 C.F.R Part 561) and the Hizballah Financial Sanctions Regulations (HFSR; 31 C.F.R. Part 566) to incorporate references to the new List of Foreign Financial Institutions Subject to Correspondent Account or Payable Through Account Sanctions (CAPTA List). State updates List of Entities and Subentities Associated With Cuba (Cuba Restricted List) On March 12, 2019, the Department of State published in the Federal Register an update [Public Notice: 10691] to its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). This Cuba Restricted List is also considered during review of license applications submitted to the Department of Commerce’s Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR). This update includes five additional subentities and two clarifying modifications, including (1) an explanatory footnote indicating activities referenced in parentheticals are intended to aid in identification, but are only representative; and (2) an effort to streamline the list by removing reference to parent companies in parentheticals next to listed entities and subentities. The two clarifying modifications do not affect the applicability of the list. This is the Cuba Restricted List’s second update since it was published November 9, 2017 (82 FR 52089). Commerce and State request comments re: review items transferred from USML categories IV and XV On March 8, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register an advanced notice of proposed rulemaking [Docket No. 181010936–8936–01; BIS–2018–0029] requesting public comment to inform its review of the controls implemented in recent revisions to Categories IV and XV of the United States Munitions List (USML) and the related transfer of items to Commerce’s Commerce Control List (CCL) in the Export Administration Regulations. These items include launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines; and spacecraft and related articles. BIS’s review seeks to ensure that the CCL describes these items clearly, captures those items in normal commercial use, accounts for technological developments, and implements the national security and foreign policy objectives of the United States properly. On the same date, the Department of State published in the Federal Register an advanced notice of proposed rulemaking [Public Notice 10568; Docket Number DOS– 2018–0048] requesting comments from the public to inform its review of the controls implemented in recent revisions to Categories IV and XV of the United States Munitions List (USML). State periodically reviews USML categories to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the United States. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 37 The request for comments is part of BIS’ and State’s work with the National Space Council. Comments must be received by BIS and/or State no later than April 22, 2019. 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 03-15-19 OFAC: List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List) [31 CFR Parts 561 and 566] (FR) STATE: Designation of Akram ‘Abbas al-Kabi, aka Akram Abas al-Ka’bi, aka Sheik Akram al-Ka’abi, aka Shaykh AbuAkram al-Ka’abi, aka Abu-Muhammad, aka Karumi, aka Abu Ali as a Specially Designated Global Terrorist [Public Notice: 10706] (N) STATE: Designation of Harakat al-Nujaba, aka Harakat Hezbollah al-Nujaba, aka Movement of the Noble Ones Hezbollah, aka The Movement of the Noble Ones, aka Golan Liberation Brigade, aka Ammar ibn Yasir Brigade, aka Imam al-Hasan al-Mujtaba Brigade, aka al-Hamad Brigade, aka al-Nujaba TV as a Specially Designated Global Terrorist [Public Notice: 10703] (N) 03-18-19 OFAC: Notice of OFAC Sanctions Actions (N) [5 individuals] OFAC: Notice of OFAC Sanctions Actions (N) [4 individuals] 03-22-19 OFAC: Notice of OFAC Sanctions Action (N) [1 entity] OFAC: Notice of OFAC Sanctions Actions (N) [6 individuals] STATE: In the Matter of the Review and Amendment of the Designation of ISIS (and Other Aliases) as a Foreign Terrorist Organization Pursuant to the Immigration and Nationality Act, as Amended [Public Notice: 10715] STATE: In the Matter of the Amendment of the Designation of ISIS (and Other Aliases) as a Specially Designated Global Terrorist [Public Notice: 10716] 03-25-19 OFAC: Notice of OFAC Sanctions Actions (N) 6 individuals, 8 entities] 03-29-19 OFAC: Notice of OFAC Sanctions Actions [Case IDs DPRK3-13946, DPRK4- 13621] (N) [2 entities] Orders denying export privileges or rescinding denials During the past month, the following orders were published: F.R. Date Subject 03-18-19 BIS: Amended Order Denying Export Privileges- Shavkat Abdullaev Treasury, Commerce, Homeland Security and State meetings and notices related to trade AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE. [Note: Only meetings which occur after scheduled distribution of this Update are listed.] F.R. Date Subject 03-01-19 ITA: President’s Advisory Council on Doing Business in Africa; Correction (N) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 38 F.R. Date Subject 03-04-19 STATE: Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Rocky Mountain Instrument Company Under the International Traffic in Arms Regulations [Public Notice: 10686] 03-07-19 BIS: Proposed Information Collection; Comment Request; License Exemptions and Exclusions [OMB Control No: 0694-0137] (N) 03-08-19 STATE: 60-Day Notice of Proposed Information Collection: Disclosure of Violations of the Arms Export Control Act [Public Notice 10640; OMB Control No. 1405-0179] (N) [Form: DS 7787] 03-11-19 ITA: Proposed Information Collection; Comment Request; Procedures for Importation of Supplies for Use in Emergency Relief Work [OMB Control No. 0625– 0256] (N) STATE: Cultural Property Advisory Committee; Notice of Meeting [Public Notice 10698] (N/H) [April 1-2, 2019] 13-13-19 BIS: Proposed Information Collection; Comment Request; Offsets in Military Exports [OMB Control No: 0694–0084] (N) BIS: Proposed Information Collection; Comment Request; License Exemptions and Exclusions [OMB Control No.: 0694–0088] (N) 03-15-19 BIS: Regulations and Procedures Technical Advisory Committee; Meeting Notice [April 2, 2019] (N/H) ITA: U.S. Department of Commerce Trade Finance Advisory Council [March 27, 2019] (N/H) 03-18-19 BIS: Proposed Information Collection; Comment Request; BIS Program Evaluation (N) 03-19-19 STATE: Department of State 2019 Civil Monetary Penalties Inflationary Adjustment [Public Notice 10692] (FR) 03-20-19 STATE: Determination and Waiver of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (Div. K Pub.L. 115-141) Relating to Assistance for the Independent States of the Former Soviet Union [Public Notice: 10713] (N) 03-25-19 BIS: Proposed Information Collection; Comment Request; Special Priorities Assistance [OMB Control No.: 0694–0057] (N) [BIS Form 999] 03-25-19 COMMERCE-NOAA: Proposed Information Collection; Comment Request; Fisheries Certificate of Origin [OMB Control No.: 0648–0335] (N) [NOAA Form 370]. 03-26-19 ITA: Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement (U.S.-Panama TPA) [OMB Control No.: 0625–0273] ITA: Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States—Peru Trade Promotion Agreement (US–PERU TPA) [OMB Control No.: 0625–0265] 03-27-19 ITA: Notice of Opportunity To Apply for Federal Recognition of, or Federal Participation in, Upcoming International Expositions (N) 03-28-19 ITA: Advisory Committee on Supply Chain Competitiveness: Notice of Public Meetings (N) [April 17, 18, 2019] 03-29-19 OFAC: Agency Information Collection Activities; Proposed Collection; Comment Request; Electronic License Application Form [OMB Control No.: 1505-0170] (N) FTC requests comments on its selection leather and imitation leather guides On March 6, 2019, the Federal Trade Commission (FTC) published in the Federal Register a document requesting public comment on its Guides for Select Leather and Imitation Leather Products. The FTC is soliciting the comments as part of its systematic review of all current FTC regulations and guides. Comments must be received by April 22, 2019. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 39 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 03-06-19 FTC: Guides for Select Leather and Imitation Leather Products (RFC) 16 CFR Part 24 03-14-19 FTC: Energy Labeling Rule [Matter No. R611004] (PR) 16 CFR Part 305 ATF and TTB announcements and Federal Register documents The Alcohol, Tobacco, Firearms and Explosives Bureau in the Justice Department (ATF) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) in the Treasury Department have posted the following information or regulatory actions of interest to international traders : Date Subject 02-07-19 TTB: Registration Open for 2019 TTB Trade Practice Seminars 03-08-19 TTB: TTB Procedure 2018-2 Voluntary Chemist Certification Program for the Analysis of Wine, Distilled Spirits, and Beer for Export 03-14-19 ATF: Bump-Stock-Type Devices [Docket No. 2018R-22F; AG Order No. 4406- 2019] (FR) 03-18-19 ATF: Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With Change of a Currently Approved Collection; Application To Register as an Importer of U.S. Munitions Import List Articles— ATF Form 4587 (5330.4) [OMB Number 1140–0009] (N) 03-19-19 TTB: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages; Comment Period Extension [Docket No. TTB–2018–0007; Notice No. 176A; Re: Notice No. 176] (PR/E) 03-28-19 TTB: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages – Correction [Docket No. TTB–2018–0007; Notice No. 176] (PR/CO) FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders: F.R. Date Subject 03-01-19 Enforcement Policy for Certain Marketed Tobacco Products; Draft Guidance for Industry; Availability [Docket No. FDA–2018–D–3244] (N) International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; World Health Organization; Scheduling Recommendations; Dronabinol (delta9-tetrahydrocannabinol) and its Stereoisomers; Cannabis, Cannabis Resin, Extracts and Tinctures; Cannabidiol Preparations; and Pharmaceutical Preparations of Cannabis; Request for Comments [Docket No. FDA–2019–N–0767] (N/RFC) International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; World Health Organization; Scheduling Recommendations; Cyclopropyl Fentanyl; Methoxyacetyl Fentanyl; Ortho-Fluorofentanyl; ParaFluorobutyrfentanyl; NEthylnorpentylone; and Four Additional Substances; Request for Comments [Docket No. FDA–2019–N–0671] (N/RFC) 03-04-19 List of Bulk Drug Substances for Which There Is a Clinical Need Under Section 503B of the Federal Food, Drug, and Cosmetic Act [Docket No. FDA–2018–N– 3240] (N) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 40 F.R. Date Subject Evaluation of Bulk Drug Substances Nominated for Use in Compounding Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Guidance for Industry; Availability [Docket No. FDA–2018–D–1067] (N) 03-06-19 Food Additives Permitted in Feed and Drinking Water of Animals; Selenomethionine Hydroxy Analogue [Docket No. FDA–2015–F–2712] (FR) 03-14-19 Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 051 [Docket No. FDA2004-N-0451] (N) Modifications to Compliance Policy for Certain Deemed Tobacco Products; Draft Guidance for Industry; Availability [Docket No. FDA-2019-D-0661] (N) 03-19-19 Food Additives Permitted in Feed and Drinking Water of Animals; Spent Bleaching Clay [Docket No. FDA–2017–F–0969] (N/Petition) Mitigation Strategies To Protect Food Against Intentional Adulteration: Draft Guidance for Industry; Public Meeting; Request for Comments [Docket No. FDA–2018–D–1398] (N/H/RFC) 03-25-19 Interpretation of and Compliance Policy for Certain Label Requirement; Applicability of Certain Federal Food, Drug, and Cosmetic Act Requirements to Vape Shops; Guidance for Industry; Availability [Docket No. FDA–2017–D–0120] (N) 03-28-19 Produce Safety Rule: Enforcement Policy for Entities Growing, Harvesting, Packing, or Holding Hops, Wine Grapes, Pulse Crops, and Almonds; Guidance for Industry; Availability [Docket No. FDA-2019-D-1266] (N) Pediatric Information Incorporated Into Human Prescription Drug and Biological Product Labeling; Guidance for Industry; Availability [Docket No. FDA-2013-D0169] (N) Veterinary Feed Directive Regulation Questions and Answers; Small Entity Compliance Guide; Draft Guidance for Industry; Availability [Docket No. FDA2010-N-0155] (N) United States Food and Drug Administration and Health Canada Joint Regional Consultation on the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use [Docket No. FDA-2019-N-0444] (N/H/RFC) 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 03-01-19 AMS: Notice of Continued Suspension of Supervision Fee Assessment Under the United States Grain Standards Act (USGSA) [DOC. NO. AMS–FGIS–19– 0003] (N) 03-11-19 AMS: Christmas Tree Promotion Research, and Information Order; Referendum [Document No. AMS–SC–18–0104] (N) [producers and importers] 03-19-19 APHIS: Notice of Availability of an Evaluation of the Fever Tick Status of the State of Baja California, Mexico [Docket No. APHIS–2018–0030] (N) APHIS: Notice of Availability of an Evaluation of the Foot-and-Mouth Disease Status of Singapore [Docket No. APHIS–2018–0043] (N) 03-25-19 AMS: Proposed Amendments to Regulations Governing Voluntary Grading of Meats, Prepared Meats, Meat Products, Shell Eggs, Poultry Products, and Rabbit Products [Doc. #AMS–LP–18–0095] (PR) APHIS: Importation of Fresh Jujube Fruit From China Into the Continental United States [Docket No. APHIS–2018–0004] (N) 03-26-19 APHIS: Addition of China to the List of Regions Affected by African Swine Fever [Docket No. APHIS–2018–0037] (N) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 41 F.R. Date Subject APHIS: Supplemental Requirements for Importation of Fresh Citrus From Colombia Into the United States [Docket No. APHIS–2017–0074] (N) 03-27-19 CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Food Labelling (N/H/RFC) [April 9, 2019] APHIS: Brucellosis and Bovine Tuberculosis; Update of General Provisions [Docket No. APHIS–2011–0044] (PR/Partial W) 03-29-19 AMS: Grain Fees for Official Inspection and Weighing Services under the United States Grain Standards Act (USGSA) [DOC. NO. AMS-FGIS-18-0092] (N). Additional Federal Register documents The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies: F.R. Date Subject 03-05-19 ENVIRONMENTAL PROTECTION AGENCY (EPA): Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses [EPA–HQ–OPP–2018–0014; FRL–9988–66] (N) EPA: Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations [EPA–HQ–OPP–2018–0651; FRL–9988–75] (N) 03-08-19 ENERGY: Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy (N) ENERGY: Energy Conservation Program: Energy Conservation Standards for Ceiling Fan Light Kits; Correction [EERE–2012–BT–STD–0045] (FR/C) 03-11-19 EPA: S-Metolachlor; Pesticide Tolerances [EPA–HQ–OPP–2017–0465; FRL– 9983–79] (FR) NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation [Docket No. NHTSA–2019–0005] (Grant of Petitions) 03-12-19 EPA: Certain New Chemical Substances; Receipt and Status Information for August 2018 [EPA–HQ–OPPT–2018–0407; FRL–9989–60] (N) EPA: Methoxyfenozide; Pesticide Tolerances [EPA–HQ–OPP–2017–0494; FRL–9985–06] (FR) 03-14-19 EPA: Tolerances and Exemptions for Pesticide Chemical Residues in Food CFR Correction EPA: Pesticide Maintenance Fee: Product Cancellation Order for Certain Pesticide Registrations [EPA-HQ-OPP-2018-0657; FRL-9987-82] (N) 03-18-19 ENERGY: Energy Conservation Program: Notice of Request for Information on the Measurement of Average Use Cycles or Periods of Use in DOE Test Procedures [EERE–2018–BT–TP–0020] (RFI) ENERGY: Energy Conservation Program: Test Procedures for Fluorescent Lamp Ballasts [EERE–2017–BT–TP–0005] (PR/RFC) EPA: Interim Registration Review Decisions and Case Closures for Several Pesticides; Notice of Availability [EPA–HQ–OPP–2017–0751; FRL–9989–68] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA–HQ–OPP–2019–0039; FRL–9989–78] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA–HQ–OPP–2019–0045; FRL–9989–79] (N) EPA: Registration Review Proposed Interim Decisions for Several Pesticides; Notice of Availability [EPA–HQ–OPP–2017–0750; FRL–9989–66] (N) EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA–HQ–OPP–2018–0576; FRL–9989–72] (N) EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [[EPA–HQ–OPP–2019–0041; FRL– 9989–90] (N/RFC) EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA–HQ–OPP–2018–0577; FRL– 9989–71] (N/RFC) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 42 F.R. Date Subject 03-19-19 ENERGY: Energy Conservation Program: Test Procedure for Automatic Commercial Ice Makers [EERE–2017–BT–TP–0006] (RFI) EPA: Product Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses [EPA–HQ–OPP–2018–0014; FRL–9989–85] (N) EPA: Significant New Use Rules on Certain Chemical Substances [EPA–HQ– OPPT–2018–0697; FRL–9986–83] (PR) 03-21-19 EPA: Certain New Chemical Substances; Receipt and Status Information for September 2018 [EPA–HQ–OPPT–2018–0408; FRL 9990–07] (N) 03-22-19 EPA: Mandipropamid; Pesticide Tolerances [EPA–HQ–OPP–2017–0671; FRL–9987–25] (FR) EPA: Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations [EPA–HQ–OPP–2019–0091; FRL–9990–87] (N) EPA: Potassium Chloride; Receipt of Application for Emergency Exemption, Solicitation of Public Comment [EPA–HQ–OPP–2019–0090; FRL–9990–83] (FR) 03-25-19 LABOR: Notice of Final Determination To Remove Uzbek Cotton From the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126 [DOL–2018–0004] (N) 03-27-19 EPA: Pesticides; Draft Guidance for Pesticide Registrants on Plant Regulator Label Claims, Including Plant Biostimulants; Notice of Availability [EPA–HQ– OPP–2018–0258; FRL–9986–27] (N) EPA: Sulfometuron-methyl; Pesticide Tolerance [EPA–HQ–OPP–2017–0194; FRL–9989–65] (FR) PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA): Hazardous Materials: Notice of Public Meetings in 2019 for International Standards on the Transport of Dangerous Goods [Docket No. PHMSA-2018-0113; Notice No. 2018-23] (N/H/RFI) 03-29-19 US COAST GUARD: Imposition of Conditions of Entry on Certain Vessels Arriving to the United States from the Republic of Seychelles [Docket No. USCG-2018- 0873] (N) Commerce publishes notice of scope rulings On March 14, 2019, the International Trade Administration, Department of Commerce published in the Federal Register a list of scope rulings and anticircumvention determinations made between July 1, 2017, and September 30, 2017, inclusive. Commerce intends to publish future lists after the close of the next calendar quarter. The list follows: Countries ITA Case № and Merchandise SCOPE RULINGS Japan, S. Korea, Taiwan A-583-831, A-580-834, A-588-845, and C-580-835: Stainless Steel Sheet and Strip in Coils China A-570-044: 1,1,1,2-Tetraflouroethane (R-134a) China A-570-967 and C-570-968: Aluminum Extrusions China A-570-899: Certain Artist Canvas China A-570-958 and C-570-959: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses China A-570-893: Certain Frozen Warmwater Shrimp China A-570-977 and C-570-978: High Pressure Steel Cylinders China A-570-875: Non-Malleable Cast Iron Pipe Fittings (2 rulings) China A-570-886: Polyethylene Retail Carrier Bags China A-570-922 and C-570-923: Raw Flexible Magnets (3 rulings) China A-570-909: Steel Nails China A-570-932: Steel Threaded Rod China A-570-890: Wooden Bedroom Furniture ANTICIRCUMVENTION DETERMINATIONS Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 43 Countries ITA Case № and Merchandise China A-570-967 and C-570-968: Aluminum Extrusions (3 determinations Australia, Brazil, China, Indonesia, Portugal A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A471-807: Certain Uncoated Paper Commerce publishes notice of scope rulings On March 28, 2019, the International Trade Administration, Department of Commerce published in the Federal Register a list of scope rulings made between October 1, 2017, and December 31, 2017, inclusive. Commerce intends to publish future lists after the close of the next calendar quarter. The list follows: Countries ITA Case № and Merchandise SCOPE RULINGS Austria, Belgium, Brazil, China, France, Germany Italy, Japan, S. Korea, South Africa, Taiwan, Turkey A-433-812; A-423-812; A-351-847, A-570-047; A-427-828; A-428-844; A-475-834; A-588- 875; A-580-877; A-791-822; A-583-858; A-489-828; C-570-048; C-580-888; C-351-848: Certain Carbon and Alloy Steel Cutto-Length Plate (cut-to-length plate) Mexico A-201-805: Certain Circular Welded Non-Alloy Steel Pipe China A-570-814; A-570-910; A-570-930; A-570-956; C-570-911; C-570-931; C-570-957: Carbon Steel Butt-Weld Pipe Fittings; Circular Welded Carbon-Quality Steel Pipe; Circular Welded Austenitic Stainless Steel Pressure Pipe; and Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe China A-570-899: Certain Artist Canvas China A-570-958 and C-570-959: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses China A-570-822: Certain Helical Spring Lock Washers China A-570-901: Certain Lined Paper Products China A-570-909: Certain Steel Nails (2 rulings) China A-570-967 and C-570-968: Telescoping Aluminum Pool Poles Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. THE AMERICAS – SOUTH AMERICA ARGENTINA Boletin Oficial publications The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation]. BO Date Subject 01-03-19 PRODUCTION AND LABOR – FOREIGN TRADE: Resolution 15/2019 RESOL-2019-15- APN-SCE # MPYT (28-02-19). RE: digital certificates of origin 18-03-19 PRODUCTION AND LABOR – FOREIGN TRADE: Resolution 23/2019 RESOL-2019-23- APN-SCE # MPYT (14-03-19) (14-03-19) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 44 BO Date Subject 20-03-19 FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP): General Resolution 4439 /2019 (18-03-19) Admission of new operators to the Pilot Plan of the “Authorized Economic Operator” Program (OAS). General Resolution No. 4.197. Its modification and complementary. 22-03-19 Decree 217/2019 DECTO-2019-217-APN-PTE – (21-03-19) Grand Prix of the Argentine Republic Moto GP 2019. Exemption from the payment of import duty, Value Added Tax, internal taxes, fees for port services, statistics and verification of destination, which are levied on the import for consumption of towels, collars, self-adhesive stickers, school supplies, toys, calendars, T-shirts, caps, jackets, vests, key rings, cell phone cases, umbrellas and / or umbrellas, flags identifying the event and the teams, replicas and other promotional elements related to the event, originating and coming from the participating countries. Decree 221/2019 – DECTO-2019-221-APN-PTE – Customs Code (21-03-19) Postal Shipping Regime. 27-03-19 AFIP (DGA): Provision 18/2019 DI-2019-18-E-AFIP-DGADUA (22-03-19) re: Combatting Illicit Trafficking in Cultural Assets 29-03-19 Decree 230/2019 – DECTO-2019-230-APN-PTE – (28-03-19) Decree No. 331/2017. Modification. Common Nomenclature of Mercosur. Quotas for reduced rates for hybrid, fuel cell and electric vehicles PRODUCTION AND LABOR: Resolution 206/2019 RESOL-2019-206-APN-MPYT (28-03-19) [The Technical Regulators Commission (CRT) for WTO TBT matters] AFIP: General Resolution 4447 /2019 RESOG-2019-4447-E-AFIP-AFIP (28- 03-19) – Postal delivery system. General Resolution No. 3,915 and its amendments. Its replacement. Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. BRAZIL Diário Oficial da União publications The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update. DOU Date Subject 01-03-19 SECEX Portaria № 3 (28-02-19) It delegates powers to the Executive Secretary of the Foreign Trade Chamber of the Special Secretariat for Foreign Trade and International Affairs of the Ministry of Economy. 11-03-19 SECEX Portaria № 4 (08-03-19) Adds art. 242-C and rewrites art. 1 of Annex XXIII of Portaria SECEX nº 23, of July 14, 2011 21-03-19 SECEX Porttaria № 5 (20-03-19) Authorizes the application of the Exception Mechanism to the Rule of Origin in case of shortages of inputs in Argentina, Brazil and Colombia. Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 45 CHILE National Customs postings and Diario Oficial The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial translation-subscription required for texts]. Date Subject 11-03-19 HACIENDA: Exempt Decree № 34 Declaring an International Fair, Food and Service Space 2010. 14-03-19 HACIENDA: Res. № 916 Extract of exempt resolution number 916, of 2019.- Modifies the Compendium of Customs Rules 20-03-19 C. DEPUTIES: № 12472-10 Draft Law – Approves the Agreement Establishing an Association, its Joint Declarations and the Agreement on Trade in Organic Products, between the Republic of Chile and the United Kingdom of Great Britain and Northern Ireland, signed in Santiago , Chile, on January 30, 2019. Initiative: Message. Current Urgency: Without urgency. Date Entered: 2019-03-14 HACIENDA: Extract of Res. № 1,188, of 2019.- Modifies the Compendium of Customs Rules 22-03-19 HACIENDA: Exempt Decree number 82, of 2019. – Applies rebates of customs duties for the importation of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and sub-standards 26-03-19 HACIENDA: Exempt Decree № 73 Declaring an International Fair – XX International Forestry, Paper and Paper Fair, Expocorma 2019 28-03-19 HACIENDA: Exempt Decree № 24, of 2019.- Declares as an International Fair: “Rancagua, Una Gran Oportunidad” Classification opinions, advance rulings and classification valuation and origin decisions The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to 2019 are available. COLOMBIA TPTA information Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here. Tariff Classification Resolutions Tariff Classification Resolutions may be found here. MinCIT, MinHacienda and DIAN Documents The following documents of interest to international traders were posted by the Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN): Date Subject 30-01-19 MINCIT: Circular 004 of January 29, 2019 “Modification circular 036 of 2018 – pilot extension” systematization of air cargo operations through the Single Window of Foreign Trade – VUCE “ 05-02-19 MINCIT: Circular 05 “Modification to annex 22 of circular 037 of 2016” Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 46 Date Subject 14-02-19 DIAN: Circular 003436 of 2019 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products 19-02-19 MINCIT: Circular 06 “Information Decree 1716-83 of 2018 about the transit of Ukrainian merchandise” 22-02-19 MINCIT: Annex 1 Enlargement and finalization píloto “Systematization of Air Cargo Operations Information” MINCIT: Circular 007 “Systematization of air cargo operations information” through the Foreign Trade Single Window – VUCE 26-02-19 DIAN: Circular 003443 of 2019 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products 14-03-19 MINCIT: Decree 367 “Whereby a safeguard measure is adopted for imports of goods classified by tariff subheadings 7213.10.00.00 and 7214.20.00.00 of the Customs Tariff” MINCIT: Circular 008 “Resolution 000067 of 2019 – Regulates import quotas of other food for dogs or cats for the year 2019” MINCIT: Circular 009 “Regulation 000068 of 2019 – Regulates the import quotas for products originating in the Swiss Confederation and the Principality of Liechtenstein for the year 2019” MINCIT: Circular 010 “Regulation 000066 of 2019 – Regulates the import quotas of the other undenatured ethyl alcohols for the year 2019” 16-03-19 DIAN: Circular 003450 of 2019 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products. 26-03-19 DIAN: Resolution 000018 of 2019 By which the use of the mechanical signature is authorized DIAN: Resolution 000019 of 2019 By which the Manual of Accounting Policies of the Paid Function of the UAE Direction of Taxes and National Customs, DIAN, adopted by Resolution 11 of February 19, 2018, is modified. 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 Australia updates Strategic Goods List On 28 March 2019, the Department of Defence/Defence Export Controls announced that the Defence and Strategic Goods List (DSGL) has been updated and came into effect on 28 March 2019. The DSGL 2019 includes a total of 70 notable amendments: 23 are changes which remove or reduce the requirement to obtain an approval prior to export; 13 of the amendments are either new controls or changes to existing controls that result in an expanded scope; and the remaining 34 amendments are clarifications that do not involve a scope change. Details of these amendments are available in the Explanatory Statement. The Online DSGL Tool is currently being updated to reflect the amendments made to the DSGL. Customs duty rate changes for 1 April 2019: Japan-Australia EPA Department of Home Affairs (DHA) Notice No. 2019/15 (March 26, 2019) announced that the next reduction of customs duty rates on eligible Japanese originating goods through the Japan-Australia Economic Partnership Agreement will occur on 1 April 2019 and will affect certain imports of:  textiles Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 47  clothing  footwear  orthopaedic footwear A full list of affected tariff subheadings is contained in Schedule 11 (Japanese Originating Goods) of the Customs Tariff Act 1995. Relevant changes to the Integrated Cargo System have been made and will commence on 1 April 2019. Tobacco prohibited import and permit arrangement The Australian Government has introduced measures to combat the illicit tobacco trade as part of the 2018-19 Budget ‘Black Economy Package – combatting illicit tobacco’. The package includes a measure to prohibit the importation of tobacco without a permit. The Customs (Prohibited Imports) Amendment (collecting Tobacco Duties) Regulations 2019 enabling this measure commences on 1 July 2019. The measure amends the Customs (Prohibited Imports) Regulation 1956 to include regulation 4DA that prohibits the importation of tobacco products (other than certain exempted tobacco products) into Australia without written permission. Under regulation 4DA, the following tobacco products are exempt from the new import prohibition:  smokeless tobacco products intended for oral use specified in regulation 4U of the Regulations  cigars  tobacco products imported by travellers within duty free limits  unmanufactured tobacco specified in regulation 4D of the Regulations. Permits will be issued by the Department of Home Affairs. To obtain a permit, importers are required to lodge a written application with supporting documentation to Home Affairs. Permits will be subject to conditions or requirements that must be complied with by the permit holder. Breaches of permit conditions or requirements may result in the revocation of the permit. Australia prescribes asbestos as Tier 1 good Department of Home Affairs (DHA) Notice No. 2019/10 (25 March 2019) announced that from 26 March 2019, asbestos, and goods containing asbestos, are prescribed as Tier 1 Goods (table item 24 under subclause 1(1) of Schedule 7 of the Customs Regulation 2015). As a result, and as an alternative to the offence under section 233 of the Customs Act 1901 (the Customs Act), the unlawful importation and exportation of asbestos can be prosecuted as an offence relating to Tier 1 goods under subsections 233BAA(4) and (5) of the Customs Act. Penalties for the unlawful importation or exportation of asbestos The Australian Government will consider the evidence available in deciding whether to prosecute an asbestos border offence as a Tier 1 criminal offence under section 233BAA of the Customs Act, or the alternative strict liability offence under section 233. A person convicted of an offence against section 233 of the Customs Act is punishable by a fine not exceeding 1000 penalty units (currently AUD210,000) or three times the value of the goods, whichever is the greater. A person convicted of an offence under section 233BAA is punishable by a fine not exceeding 1000 penalty units and/or imprisonment for up to five years. When a body corporate is found guilty of an offence against section 233, or section 233BAA, the court may impose a fine of up to 5000 penalty units (AUD1,050,000) or Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 48 15 times the value of the goods, whichever is the greater, through application of section 4B(3) of the Crimes Act 1914 (Cth). The prescription of asbestos as a Tier 1 good enhances the existing suite of sanctions available to the Australian Border Force (ABF) for asbestos border offences. The ABF may issue fines under the Customs Act Infringement Notice Scheme in lieu of prosecution where considered appropriate. The importance of supply chain management Importers and exporters need to be aware of the risk of asbestos entering their supply chain for a range of goods, regardless of their country of origin. The Department of Home Affairs and the ABF have significantly increased the amount of guidance information to assist voluntary compliance with the asbestos border control. If goods at the border are suspected of containing asbestos, they may be held for examination, including sampling and testing. Associated costs, including storage pending the testing outcome, are the responsibility of the owner regardless of whether or not asbestos is detected. The important role of border industry members Licensed Customs Brokers, freight forwarders and other border industry members have an important role in raising awareness of the asbestos border control with their clients. Border industry members are best placed to identify goods at risk of containing asbestos moving across the border, and to inform their clients of the potential consequences of asbestos border offences. Information about the border control for asbestos is available at the ABF website: www.abf.gov.au/asbestos. Australia sanctions additional persons for Russia’s continued aggression against Ukraine On 18 March 2019, the Minister for Foreign Affairs announced that Australia was joining the US, UK, Canada and EU member states in imposing targeted financial sanctions and travel bans against seven Russian individuals for their role in the interception and seizure of Ukrainian naval vessels that were attempting to pass through the Kerch Strait. Australia is concerned by this escalation of tensions in the Sea of Azov in November 2018. The announcement said that Australia condemns the aggression and calls on Russia to release the detained Ukrainian sailors and seized vessels without delay. Australia also called on Russia to allow free and unencumbered passage of Ukrainian and international ships through the Kerch Strait and the Sea of Azov. Australia does not recognise any actions seeking to legitimise the annexation of Crimea or the secession of parts of Ukraine’s Donetsk and Luhansk regions. The Minister for Foreign Affairs has therefore also imposed targeted financial sanctions and travel bans against three ‘leaders’ from separatist-controlled parts of the Donetsk and Luhansk regions of Ukraine following so-called elections in November 2018. Details of these 10 individuals are in DFAT’s Consolidated List of individuals and entities subject to targeted sanctions under Australian law. This list is available on DFAT’s website. DHA notices and advices The following Department of Home Affairs (DHA, formerly Immigration and Border Protection (DIBP)) Notices and Cargo advices (ACCA) were issued during the period covered by this Update: Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 49 Date* Series and № Title 25-03-19 27-03-19 DHA № 2019/10 Prescription of asbestos as a Tier 1 good 25-03-19 27-03-19 DHA № 2019/11 Asbestos – changes to the Customs (Prohibited Exports) Regulations 1958 25-03-19 27-03-19 DHA № 2019/12 Asbestos – changes to the Customs (Prohibited Imports) Regulations 1956 25-03-19 26-03-19 DHA № 2019/13 Tobacco prohibited import and permit arrangement 25-03-19 26-03-19 DHA № 2019/14 Refunds for duty paid tobacco sold to duty free operators 26-03-19 29-03-19 DHA № 2019/15 Customs Duty Rate Changes for 1 April 2019: Japan-Australia Economic Partnership Agreement 25-03-19 29-03-19 DHA № 2019/16 Cheese and Curd Quota Scheme – Allocations for 2019- 2020 */ first date is date on document, second is “updated” date Australian Gazettes and Federal Register The following documents were registered in the Federal Register of Legislation, or published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes as noted (dd-mm-yy): Date Matter 01-03-19 Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods – Notice (No. 2) 2019 06-03-19 TC 19/09 08-03-19 Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2019 [Sanctions] 12-03-19 Commerce (Trade Descriptions) Regulation 2016 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Christmas Island) Determination 2016 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Cocos (Keeling) Islands) Determination 2016 Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Norfolk Island) Determination 2016 13-03-19 TC 19/10 Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016 15-03-19 Autonomous Sanctions (Designated and Declared Persons – Ukraine) List 2019 20-03-19 TC 19/11 27-03-19 TC 19/12 29-03-19 Imported Food Control Order 2001 Export Control (Meat and Meat Products) Orders 2005 Crimes (Biological Weapons) Regulations 2019 Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. CHINA (INCLUDING HONG KONG SAR) China announces detailed VAT reform measures On March 22, 2019, the State Council announced in an English language press release that Authorities announced detailed measures to implement the country’s Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 50 value-added tax (VAT) reform on March 21 to further reduce the tax burden on various industries. The release stated: Starting April 1, taxpayers that are subject to the 16-percent VAT rate on their taxable sales or imported goods will enjoy a 13-percent VAT rate, while those who are subject to the 10-percent VAT rate will only need to pay 9 percent, according to a joint statement released by the Ministry of Finance, the State Taxation Administration and the General Administration of Customs. Buyers of agricultural goods who are subject to a 10-percent deduction rate, which is used to calculate input VAT, will be subject to a 9-percent deduction rate, according to the statement. The statement also laid out a series of supporting measures for VAT reform such as the extension in the scale of goods and services eligible for input tax deductions. The announcement came after a State Council’s executive meeting on March 20, which decided that the country will implement a slew of measures to cut the VAT rates, making sure that tax burdens on all industries will only go down, not up. MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy): Date Series and № Subject 02-18-19 Beijing Customs Notice 2019 No. 4 Beijing Customs Classification system goes live – includes data and search tools 02-27-19 GAC Ann. № 36 Announcement on matters relating to the implementation of “first-in, first-inspection” for the inspection of animal and plant products in overseas bonded areas GAC Ann. № 37 Announcement on the Issuance of the Customs Clearance Notice for the 2019 China Beijing World Horticultural Exposition GAC Ann. № 38 Announcement on Preventing the Introduction of the Lassa fever Epidemic in Nigeria to China 02-28-19 GAC Ann. № 39 Announcement on the Promulgation of the Measures for the Administration of the Origin of Import and Export Goods under Free Trade Agreement between the Government of the PRC and the Government of the Republic of Chile 03-04-19 GAC Ann. № 40 Announcement on the publication of the industry standard for the Customs Statistical Economic Zone Codes 03-06-19 GAC Ann. № 42 Agriculture and Rural Affairs Announcement on preventing the introduction of Vietnamese piglets 03-08-19 GAC Ann. № 41 Announcement on the expansion of the implementation of the TIR Convention GAC Ann. № 43 Announcement on matters relating to cancellation of administrative examination and approval matters 03-13-19 GAC Ann. № 44 Announcement on Inspection and Quarantine Requirements for Sino-Russian Dairy Two-way Trade 03-19-19 GAC Ann. № 46 Announcement on the publication of the criteria for the identification of the financial status indicators of the Customs Certification Enterprise Standard 03-22-19 GAC Ann. № 49 Pilot Reform on Printing of Certificate of Origin GAC Ann. № 50 Announcement on Simplifying the Management of Entry and Exit Areas in the Comprehensive Bonded Zone 03-25-19 GAC Ann. № 52 Announcement on Quarantine Requirements for Imported Lithuanian Silage Forage Plants Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 51 Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy) Date Matter 13-02-19 Strategic Trade Controls Circular No. 2/2019 -End-use / Catch-all Control 04-03-19 Strategic Trade Controls Circular No. 3/2019 – Application for Delivery Verification Certificate (DVC) INDIA India releases draft National e-Commerce Policy On 23 February 2019, the Department for Promotion of Industry and Internal Trade posted the Draft National e-Commerce Policy – India’s Data for India’s Development on its website for stakeholder comment. The Executive Summary states in part: Electronic commerce and data are emerging as key enablers and critical determinants of India’s growth and economic development. In order to enhance the capabilities and realise the potential of the electronic commerce sector, it is imperative that India develops robust administrative, regulatory and legal mechanisms. The National e-Commerce Policy lays down strategies to address issues pertinent to the sector. Consumer protection, data privacy and maintenance of a level-playing field are some of the crucial issues. The Policy takes into account interests of all stakeholders, be they investors, manufacturers, MSMEs, traders, retailers, startups and consumers. The strategies envisages should provide a basis for unlocking productivity, generating new-age jobs, protecting critical personal information, enhancing consumer awareness and facilitating onboarding of domestic producers, manufacturers, traders and retailers. The National e-Commerce Policy aims to create a framework for achieving holistic growth of the e-commerce sector along with existing policies of Make in India and Digital India. Inclusive growth of the sector will be important catalyst for achieving economic growth and other public policy objectives. The e-Commerce sector is driven by technology and data. Continuously evolving technologies and volumes of data generated in a consumer-oriented country like India require an enabling regulatory framework for empowering domestic entrepreneurs, leveraging access to data, connecting MSMEs, vendors, traders, etc. to the digital ecosystem as well as empowering consumers to retain control of the data generated and owned by them. Data is a valuable resource for any individual, corporation or a Government. Access to data helps in informed decision-making. Data can either be standalone individual data such as the financial details of clients available with banking institutions, or be at the level of community such as data created by recording and storing information about movement of vehicles at an intersection or data generated by climatic conditions. Data can be used for analytical, statistical, business and security purposes. The unprecedented explosion in the volume of data creates as much a threat to its misuse as it creates opportunities for utilization for policy making. *** The Draft Policy has a section on export strategies as well as a section on eCommerce Marketplaces which discusses such matters as:  Strategies FDI  Other strategies relating to e-commerce marketplaces Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 52  Anti-Counterfeiting  Anti-piracy measures  Authentic Ratings and Reviews  Consumer Oriented Customer Service  Prevention of Sale of Prohibited Items With regard to imports, the Draft Policy states that the following shall be applicable to all e-commerce websites/applications:  All product shipments from other countries to India must be channelized through the customs route.  An integrated system that connects Customs, RBI and India Post to be developed to better track imports.  Any non-compliant e-commerce app/website will not be given access to operate in India.  All ecommerce sites/apps available for download in India must have a registered business entity in India as the importer on record or as the entity through which all sales in India are transacted.  All e-Commerce sites/apps available to Indian consumers (displaying prices in INR) must have MRPs on all packaged products, physical products and invoices.  In view of the misuse of the ‘gifting’ route, as an interim measure, all such parcels shall be banned, with the exception of life-saving drugs.  Consumer/Business Payments from Indian banks and payment gateways to unauthorized and unregistered (GST non-compliant) sites/apps shall be barred.  As a transparency requirement, e-commerce entities would be mandated to make a full disclosure to the consumer regarding the purpose and use of data collection upfront, in a simplified and an easily understandable form on their websites/ application interfaces. The Draft Policy also states that the current practice of not imposing custom duties on electronic transmissions must be reviewed in the light of the changing digital economy and the increased role that additive manufacturing is expected to take. A 2017 UNCTAD report suggests that it would be mostly developing countries which would suffer loss in revenue if the temporary moratorium on custom duties on electronic transmissions is made permanent. The Draft Policy is considered protectionist by some and includes provisions that would require an entity that collects or processes any sensitive data in India and stores it abroad, to adhere to the following conditions: a) All such data stored abroad shall not be made available to other business entities outside India, for any purpose, even with the customer consent; b) All such data stored abroad shall not be made available to a third party, for any purpose, even if the customer consents to it; c) All such data stored abroad shall not be made available to a foreign government, without the prior permission of Indian authorities; d) A request from Indian authorities to have access to all such data stored abroad, shall be complied with immediately; e) Any violation of the conditions mentioned above shall face the prescribed consequences (to be formulated by the Government). Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 53 Comments/suggestions on the Draft Policy are invited from stakeholders with the last date for receiving comments being 29 March 2019. Comments may be sent at [email protected] ————————————————– Material in the section below 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 Series and № Subject CBIC Non-Tariff Notifications 01-03-19 19/2019-Cus (NT) Entry appointing Golakganj as a Land Customs Station for export of stone boulders, stone chips and coal from India omitted 06-03-19 20/2019-Cus (NT) Customs Tariff Determination of Origin of Goods under the Comprehensive Economic Cooperation Agreement between the Republic of India and Republic of Singapore Rules amended 07-03-19 21/2019-Cus (NT) Exchange rate notification providing conversion rate of foreign currencies to INR 15-03-19 22/2019-Cus (NT) Dera Baba Nanak appointed as Land Customs Station for clearance of baggage 23/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver 20-03-19 24/2019-Cus (NT) Exchange rate notification providing conversion rate of foreign currencies to INR 25-03-19 25/2019-Cus (NT) Format of Shipping Bill and Bill for export of goods substituted 29-0319 27/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver CBIC Tariff Notifications 15-03-19 07/2019-Cus Grants tariff concession to goods under Tariff Sub Heading 4809 90 imported from Korea RP under the India-Korea Comprehensive Economic Partnership Agreement 25-03-19 08/2019-Cus Extends exemption from Integrated Tax and Compensation Cess to goods imported against Advance Authorization /EPCG Authorization upto 31 March, 2020 09/2019-Cus Extends exemption from Integrated Tax and Compensation Cess to EOUs on imports till 31 March, 2020 28-03-19 10/2019-Cus Extends deeper tariff concessions to import of specified goods from Japan under India-Japan CEPA (IJCEPA) with effect from 1 April, 2019 29-03-19 11/2019-Cus Implementation of increased Customs Duty on specified imports originating in USA postponed from 1 April, 2019 to 2 May, 2019 CBIC Circulars 12-03-19 10/2019-Customs Clarification issued on Scheme for Rebate of State and Central Taxes and Levies on export of garments and madeups (RoSCTL) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 54 Date Series and № Subject CBIC Instructions 18-03-19 1/2019-Customs Instructions to step up preventive vigilance mechanism by CBIC field formations during Lok Sabha election process DGFT Notifications 20-03-19 57/2015-2020 Extends exemption of Integrated Goods and Services Tax and Compensation Cess under Advance Authorization, EPCG and EOU Scheme upto 31 March, 2020 29-03-19 58 /2015-2020 New chapter 7 (A) added to the Foreign Trade Policy and scheme titled ‘Transport and Marketing Assistance for Specified Agriculture Products’ incorporated therein 29-03-19 59/2015-2020 Foreign Trade Policy amended to provide for Scheme for Rebate of State and Central Taxes and Levies notified by the Ministry of Textiles DGFT Public Notices 06-03-19 77/2015-2020 Import of Flat-rolled products of Stainless Steel covered under ITC (HS) Codes: 7219 or 7220 under Advance Authorisation deleted from Appendix 4J which provides for export obligation period for specified inputs with pre-import condition 11-03-19 78/2015-2020 One time condonation under the EPCG Scheme extended till September 30, 2019 15-03-19 79/2015-2020 Online application format (ANF2-M) for obtaining import license for Restricted items notified 22-0319 80/2015-2020 Time period for installation and operationalisation of radiation portal monitors and container scanner in designated ports extended till 30 June, 2019 81/2015-2020 Procedure for allocation of import quota for import of calcined pet coke for use as calcined pet coke in aluminium industry and raw pet coke for calcined pet coke manufacturing industry notified 29-03-19 82 /2015-2020 Procedure and Aayat Niryat Form to avail Transport and Marketing Assistance for Specified Agriculture Products notified 83/2015-2020 Hand Book of Procedures amended to provide procedure to apply for Scheme for Rebate of State and Central Taxes and Levies notified by the Ministry of Textiles and recovery mechanism thereunder Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. MALAYSIA Implementation of the uCustoms System Background Sistem Maklumat Kastam (“SMK”) is the current operating system for customs declaration for import and export of goods. In a modernising initiative, the Royal Malaysian Customs Department (“Customs”) is seeking to replace the SMK with the Ubiquitous Customs system, otherwise known as the uCustoms: a singlewindow, fully integrated, end-to-end system for customs clearance procedures. The uCustoms has been in the works for a number of years and as it progresses towards completion, we are pleased to provide an update on the status of the uCustoms and what businesses can expect of it. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 55 SMK and the Promise of uCustoms 1. Integrated End-to-end Solution for Customs Clearance Currently, the SMK processes customs declarations, but it is not a fully automated nor fully integrated system. Whilst customs declarations are made through the SMK, other import and export related procedures such as the procurement of import or export permits from Permit Issuance Agencies and applications for certificates of origin are not integrated within SMK. Instead, some of these functions are outsourced to DagangNet, a third-party service provider which is operated independently of SMK. The uCustoms system seeks to provide a comprehensive platform to cover endto-end customs-related processes, where all customs-related applications and declarations are processed under one single system to ensure shorter clearance time, higher efficiency, simpler and more consistent procedures for import and export transactions. It is anticipated that applications for import and export permits, Strategic Trade Act-related permits, customs facilities, certificates of origin, and payment of duties and taxes will be done through the uCustoms platform as a single window once fully implemented. 2. Focus on User-Friendliness and Transparency A key driver in the creation of the uCustoms was to enhance user-friendliness of the system. To this end, the uCustoms system will have the following features:  it will operate 24/7;  it will be offered free-of-charge;  it will be easily accessible from a variety of devices as a web-based programme; and  it will be accessible by all players who are involved in the import and export clearance process. Businesses can register as users on uCustoms and be able to track the movement of goods through customs at every step, from the arrival of the goods at customs control (including the submission of manifest by the vessel operator and customs declaration) to the payment of the applicable duties and taxes and removal of the goods from customs control. In view of the above, the uCustoms is expected to enhance transparency in the customs processes and reduce the risk of fraud and corruption taking place as a result. 3. Shift towards a Self-Assessment System To administer customs clearance and assessment through uCustoms, four designated Strategic Centres will be established, each with their own specific mandates; namely:  National Targeting Centre (NTC) which will handle risk management, profiling and targeting of high risk vessels, cargo and passengers;  National Clearance Centre (NCC) which will handle the clearance and assessment for low-risk declarations, as well as to process medium and high-risk declarations;  Customs Examination Area (CEA) which is a complex for cargo clearance inspections at all entrances and exits managed by the Special Inter Agency Taskforce; and Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 56  Customs Call Centre (CCC) which will operate as a helpdesk and provide support to uCustoms users and the business community. We understand that the above Strategic Centres will be located in the Customs headquarters and only limited Customs officers will be based at the state ports, save for CEA officers who conduct physical inspections of cargos. As most customs clearances are processed and assessed electronically through the headquarters without physical inspection by Customs at the borders, there will be a shift towards a self-assessment system whereby Customs will process declarations made by importers and exporters primarily based on documentary evidence provided to ensure quicker clearances and potentially focus more on post-importation audits. uCustoms Implementation Timeline According to the Mid-Term Review of the 11th Malaysian Plan issued last year, the uCustoms was targeted to be fully implemented in early 2019. Given the complexity of the system, however, the full implementation of the uCustoms has been dogged by delays. Having said that, the pilot implementation of uCustoms has already begun and the scope of the implementation is gradually expanded. Effective from 5 March 2019, customs declaration for imports and exports through Port Klang are expected to be submitted through uCustoms unless they fall within certain exceptions, such as, cargos less than a container load (LCL), goods subject to preferential tariff rate or duty and/or tax exemptions, or goods subject to import and export permit or licence. Customs has also called on businesses to register on the uCustoms and actively provide trainings to educate businesses on the implementation of the uCustoms to prepare businesses for the full roll out. Conclusion The introduction of the uCustoms system is much welcomed as its benefits are potentially extensive and are touted to include consistent and streamlined procedures, user-friendly system, cost and time savings on cross-border movement of goods, and increased transparency. On a macro scale, it will improve the ease of doing business in Malaysia, and its competitiveness and attractiveness as a trading hub. As Malaysia’s national single window, the uCustoms will eventually, once fully implemented, be linked to the ASEAN single window which is envisaged to integrate the national windows of all ASEAN countries with an aim to further ease and smoothen customs processes for imports and exports within ASEAN, in fulfilment of the ASEAN Economic Community initiatives. For more information, please contact Adeline Wong, Ivy Tan or Kelvin Hong of Wong & Partners, our Kuala Lumpur office. SINGAPORE Changes to Strategic Goods Transshipment and Transit Permit requirements Effective 1 May 2019, the list of strategic goods being transshipped in or in transit in Singapore needing a strategic goods permit will be expanded. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 57 Currently, under the Strategic Goods (Control) Act (“SGCA”) strategic goods permits must be obtained when strategically controlled military and dual-use goods are being exported from, transshipped in or brought in transit in Singapore. For trade facilitation, the regime also provides strategic goods permit exemptions when certain items are transshipped or brought into transit in Singapore’s Free Trade Zones (“FTZs”) and meet the applicable transshipment / transit requirements. The list of dual-use items ineligible for FTZ transshipment and transit strategic goods permit exemptions will be expanded from 1 May 2019. There will also be an expansion to military goods in transit ineligible for strategic goods permit exemptions. Items that are not eligible for permit exemption when transshipping or transiting in an FTZ are listed in the Fourth Schedule (Transshipment) and Fifth Schedule (Transit) to the Strategic Goods (Control) Regulations. On 25 February 2019, Singapore Customs released Circular Number 04/2019 detailing a further list of items across several code categories that will be added to the Fourth and Fifth Schedules (effective 1 May 2019). We include a link to the circular here. Examples of items needing a permit for transshipment or transit from 1 May For military goods -– naval vessels and components along with military aircraft and components will no longer be eligible for transit permit exemptions. For dualuse goods – specific codes under the special materials and related equipment, materials processing, sensors and lasers, navigation and avionics, and aerospace and propulsion categories will no longer be eligible for transshipment and transit exemptions. From 1 May 2019, transshipment or transit (as applicable) of the added items will require strategic goods permits under the SGCA, even if their shipment activity is confined to FTZs. Action to take Most new additions to the Fourth and Fifth Schedules are specific to the sub-category code level. Supply chains with sensitive technology and utilizing Singapore FTZs will need to check if they currently rely on SGCA strategic goods permit exemptions and if this changes 1 May 2019. If the goods fall under the newly added category codes in the Fourth and Fifth Schedules, from 1 May 2019, strategic goods permits will need to be obtained. For additional information, please contact the authors, Ken Chia and Anne Petterd. Notices, circulars, etc. Date Reference Matter 25-03-19 Notice № 03/2019 Updates to Customs Circular No. 15/2017 Live Operation of the ASEAN Single Window (ASW) for the Electronic Exchange of Form D under the ASEAN Trade in Goods Agreement of the ASEAN Free Trade Area (“ATIGA”) EUROPE, MIDDLE EAST AND NORTH AFRICA EUROPEAN UNION AND EFTA Commission publishes new consolidated version of the Explanatory Notes to the Combined Nomenclature The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] A note on spelling, grammar and dates– In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes. Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only. Depending on the language, readers with the Chrome browser should be able to automatically get a rough to excellent English translation. Credits: Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases. Source documents may be accessed by clicking on the blue hypertext links. This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 58 On 29 March 2019, the European Commission published the new consolidated version of the Explanatory Notes to the Combined Nomenclature (CNEN) in 23 EU languages. It includes and, where appropriate, replaces those published in the EU Official Journal, C series, up to 4 January 2019. CNENs published in the Official Journal, C series, subsequent to that date remain in force and will be incorporated in the CNENs when revised. The CNEN to the CN are considered to be an important aid for interpreting the scope of the various tariff headings but do not have legally binding force. The CNEN were established by Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and are complementary to, and used in conjunction with, the WCO Harmonised System Explanatory Notes (HSEN). EU extends UK withdrawal By letter of 20 March 2019, the United Kingdom submitted a request for an extension of the period provided for in Article 50(3) TEU until 30 June 2019, with a view to finalising the ratification of the Withdrawal Agreement. On 21 March 2019, the European Council announced that it had agreed to an extension on the United Kingdom (UK) withdrawing from the EU until 22 May 2019, provided the Withdrawal Agreement is approved by the House of Commons by 29 March 2019 at the latest. If the Withdrawal Agreement is not approved by the House of Commons by 29 March 2019 at the latest, the European Council agrees to an extension until 12 April 2019 and expects the United Kingdom to indicate a way forward before this date for consideration by the European Council. The European Council reiterated that there can be no opening of the Withdrawal Agreement that was agreed between the EU and the United Kingdom in November 2018. Any unilateral commitment, statement or other act should be compatible with the letter and the spirit of the Withdrawal Agreement. European Council Decision (EU) 2019/476 setting forth the terms of the extension was published in the Official Journal on 22 March 2019. Update to EU sanctions against Syria and Ukraine On 4 March 2019, Regulation (EU) 2019/350 and Decision (CFSP) 2019/351 updated Regulation (EU) No. 36/2012 (available here) and Decision 2013/255/CFSP (available here), concerning restrictive measures in view of the situation in Syria. Seven individuals were added to the list of Designated Parties to whom the freezing of funds and economic resources apply, and a number of entries to the list amended. Regulation (EC) No 881/2002, imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida sanctions regime, was also updated by Regulation (EU) 2019/353 (available here) on the same date. One individual was added to the list of Designated Parties. Also on 4 March 2019, the European Council amended Annex I to Regulation (EU) No. 208/2014 and the Decision 2014/119/CFSP, concerning restrictive measures against certain persons, entities and bodies in view of the situation in Ukraine (see Implementing Regulation (EU) 2019/352 and Decision (CFSP) 2019/354, here and here respectively). One individual has been removed from the list of Designated Parties. A new section has been inserted concerning “Rights of defence and right to effective judicial protection”, providing that certain legal defence rights under the Code of Criminal Procedure of Ukraine that are or- Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 59 dinarily applicable to persons who are suspected or accused in criminal proceedings will also apply to the individuals listed under Regulation (EU) 2019/352 and Decision (CFSP) 2019/354. If you have any questions, please contact the authors, Sunny Mann and Ross L. Denton. Commission opens consultation of EU-US regulatory cooperation The European Commission has opened a consultation with stakeholders relating to regulatory cooperation activities with the United States as a follow up to the 25 July 2018 meeting between the President of the US and the President of the European Commission. An interim progress report was published on 30 January, providing a detailed overview on the state of the work of the Executive Working Group, which was formed after the July meeting, and lists a number of concrete actions where regulatory cooperation can facilitate transatlantic trade such as pharmaceuticals, medical devices and cybersecurity, by lowering regulatory barriers. Similar progress reports will be published at regular intervals as the discussions with the US progress. Stakeholder input will be instrumental to making progress and identify solutions that allow us to facilitate trade while maintaining, if not enhancing, levels of regulatory protection. The European Commission is inviting comments from all interested stakeholder groups on potential areas for regulatory co-operation with the United States. In particular, comments in the following areas are welcome:  Conformity Assessment: a possible future agreement on conformity assessment aiming at a horizontal approach to facilitate the acceptance of certificates issued by the conformity assessment bodies of the other Party in a number of selected sectors such as electric and electronic equipment, machinery, medical devices, toys, recreational crafts, pressure equipment, construction products, measuring instruments etc. In this regard, the Commission would welcome input by stakeholders, in particular on the barriers exporters face and the difficulties that conformity assessment bodies face in seeking accreditation in the other party;  Dialogue on standards: the EU and the US for historical reasons adopted divergent standards in many sectors, leading to high adaptation costs for exporters. In order to facilitate trade in the future and increase regulatory convergence, cooperation on standards would focus especially on areas where no standards exist yet. Additive manufacturing, robotics and technical textiles have been identified as possible areas of cooperation. The Commission is also interested in receiving stakeholder input regarding other possible standard areas where such cooperation could bring trade benefits.  Regulatory cooperation in sectors: the Commission would want to receive stakeholder input on concrete initiatives for regulatory cooperation in sectors with the potential of facilitating bilateral trade, while fully respecting EU levels of protection. The closing date for the consultation is 23 April 2019. The European Commission will make public all written submissions received in response to this call for proposals. Submissions should be made to: [email protected] Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 60 Commission issues no tariff classification regulations No tariff classification regulations were issued by the European Commission during the period covered by this Update. Commission repeals regulation classifying defatted soya bean product under CN subheading 2309 90 31 Commission Implementing Regulation (EU) 2019/368 of 4 March 2019 published in the Official Journal of the European Union on 7 March 2019, repealed Implementing Regulation (EU) No 444/2013 of 7 May 2013 concerning the classification of a product obtained from defatted soya beans after the extraction of the oil, further extracted with water and ethanol to remove soluble carbohydrates and minerals (‘product concerned’). Regulation 444/2013 classified the product under subheading 2309 90 31 of the Combined Nomenclature as ‘other preparations of a kind used in animal feeding’. At the time of adoption of Implementing Regulation (EU) No 444/2013, the only analytical method to be applied to the product concerned was the polarimetric method. Commission Implementing Regulation (EU) 2017/68 of 9 January 2017 added ‘soya products’ to the list of feed materials set out in Article 1 of Regulation (EC) No 121/2008 of 11 February 2008, in respect of which the starch content of preparations of a kind used in animal feeding (heading 2309) is to be determined using the enzymatic analytical method. Regulation 444/2013 is being repealed in the interest of legal certainty as regards the tariff classification of products of heading 2309 based on soya products and in order to ensure the uniform application of the Combined Nomenclature within the Union. Binding tariff information (BTI) issued on the basis of Implementing Regulation (EU) No 444/2013 in respect of the goods concerned may continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from entry into force of Regulation (EU) 2019/368. The Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal. Amendments to the CN Explanatory Notes See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update. [On 29 March 2019, the European Commission published the new consolidated version of the Explanatory Notes to the Combined Nomenclature (CNEN) in 23 EU languages. It includes and, where appropriate, replaces those published in the EU Official Journal, C series, up to 4 January 2019. CNENs published in the Official Journal, C series, subsequent to that date remain in force and will be incorporated in the CNENs when revised.] Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export. Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 61 protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database. Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union: OJ Date Subject 04-03-19 Council Decision (EU) 2019/349 of 22 February 2019 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement of the World Trade Organisation on the accession of the United Kingdom of Great Britain and Northern Ireland to the Revised Agreement on Government Procurement in the context of its withdrawal from the European Union Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2019 to 31 January 2019 (Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2019/C 80/01] Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2019 to 31 January 2019(Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2019/C 80/02] 06-03-19 Commission Implementing Regulation (EU) 2019/366 of 5 March 2019 amending Annex I to Regulation (EU) No 605/2010 as regards the list of third countries or parts thereof from which the introduction into the European Union of consignments of raw milk, dairy products, colostrum and colostrum-based products is authorised Opinion of the European Central Bank of 13 February 2019 on a proposal for a Council Decision on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (CON/2019/6) [2019/C 84/01] 07-03-19 Commission Implementing Regulation (EU) 2019/368 of 4 March 2019 repealing Implementing Regulation (EU) No 444/2013 concerning the classification of certain goods in the Combined Nomenclature [see summary above] Commission Delegated Directive (EU) 2019/369 of 13 December 2018 amending the Annex to Council Framework Decision 2004/757/JHA as regards the inclusion of new psychoactive substances in the definition of ‘drug’ Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 85/02] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 85/03] 08-03-19 Commission Implementing Regulation (EU) 2019/370 of 7 March 2019 amending Regulation (EC) No 1635/2006 laying down detailed rules for the application of Council Regulation (EEC) No 737/90, by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 62 OJ Date Subject concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 89/05] 11-03-19 Council Decision (EU) 2019/381 of 4 March 2019 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Annex II (Technical regulations, standards, testing and certification) and Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement Council Decision (EU) 2019/380 of 4 March 2019 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Annex IX (Financial services) and Annex XIX (Consumer protection) to the EEA Agreement Decision No 1/2019 of the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, of 18 February 2019 concerning the accession of the Republic of Croatia to the European Union [2019/384] 12-03-19 Council Decision (EU) 2019/385 of 4 March 2019 on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) Commission Implementing Regulation (EU) 2019/386 of 11 March 2019 laying down rules with regard to the apportionment of tariff rate quotas for certain agricultural products included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union and with regard to import licences issued and import rights allocated under those tariff rate quotas Commission Implementing Regulation (EU) 2019/387 of 11 March 2019 authorising an extension of use of Schizochytrium sp. (ATCC PTA-9695) oil as a novel food and the change of the designation and of the specific labelling requirement of Schizochytrium sp. (ATCC PTA-9695) oil under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 Decision No 1/2019 of the Trade and Development Committee established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part of 18 February 2019 on the establishment of a list of arbitrators [2019/391] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 94/04] Common Military List of the European Union [2019/C 95/01] 13-03-19 Council Decision (EU) 2019/392 of 4 March 2019 on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community Commission Implementing Regulation (EU) 2019/398 of 8 March 2019 amending Regulation (EC) No 616/2007 as regards some additional tariff quotas in the sector of poultrymeat and derogating from that Regulation for the quota year 2018/2019 Council Decision (EU) 2019/399 of 7 March 2019 on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 3, 4, 6, 7, 9, 10, 19, 23, 27, 38, 41, 48, 50, 51, 53, 55, 58, 62, 67, 69, 70, 73, 74, 77, 86, 87, 91, 92, 98, 104, 106, 107, 110, 112, 113, 116, 119, 122, 123 and 128, the proposal for an amendment to the Consolidated Resolution R.E.5, the proposals for four new UN Regulations, and the proposal for an amendment to Schedule 4 of the Revised 1958 Agreement Corrigendum to Commission Implementing Regulation (EU) 2018/1565 of 17 October 2018 concerning the authorisation of a preparation of endo-1,4-betamannanase produced by Paenibacillus lentus (DSM 28088) as a feed additive for chickens for fattening, chickens reared for laying and minor poultry species other than laying birds, turkeys for fattening, turkeys reared for breeding, Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 63 OJ Date Subject weaned piglets, pigs for fattening and minor porcine species (holder of authorisation Elanco GmbH) ( OJ L 262, 19.10.2018 ) Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 96/07] Notice concerning the annulment of Commission Delegated Regulation (EU) No 665/2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners [2019/C 96/08] 14-03-19 Council Decision (EU) 2019/400 of 22 January 2019 on the signing, on behalf of the Union, of the Status Agreement between the European Union and the Republic of Serbia on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia Commission Implementing Regulation (EU) 2019/403 of 13 March 2019 granting a Union authorisation for the biocidal product family ‘Deosan Activate BPF based on Iodine’ Commission Implementing Decision (EU) 2019/404 of 12 March 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 1833) Regulation No 120 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of internal combustion engines to be installed in agricultural and forestry tractors and in nonroad mobile machinery, with regard to the measurement of the net power, net torque and specific fuel consumption [2019/405] EFTA Surveillance Authority Delegated Decision No 90/18/COL of 11 October 2018 amending the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area listing border inspection posts in Iceland and Norway agreed for veterinary checks on live animals and animal products from third countries and repealing EFTA Surveillance Authority Decision No 111/15/COL [2019/406] 15-03-19 Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system (notified under document C(2018) 7334) 18-03-19 Information concerning the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Croatia to the European Union Commission Implementing Regulation (EU) 2019/423 of 13 March 2019 granting a Union authorisation for the biocidal product family ‘Teat disinfectants biocidal product family of Novadan’ 19-03-19 Commission Delegated Regulation (EU) 2019/429 of 11 January 2019 supplementing Regulation (EU) 2017/821 of the European Parliament and of the Council as regards the methodology and criteria for the assessment and recognition of supply chain due diligence schemes concerning tin, tantalum, tungsten and gold Council Decision (EU) 2019/433 of 20 February 2018 on the position to be taken on behalf of the European Union within the Association Committee meeting in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, concerning the update of Annexes XXVIII-A (Rules applicable to financial services), XXVIII-B (Rules applicable to telecommunication services) and XXVIII-D (Rules applicable to international maritime transport) to the Agreement Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 64 OJ Date Subject Commission Implementing Decision (EU) 2019/436 of 18 March 2019 on the harmonised standards for machinery drafted in support of Directive 2006/42/EC of the European Parliament and of the Council Decision No 1/2019 of the Joint Council established under the economic partnership agreement between the European Union and its Member States, of the one part, and the SADC EPA states, of the other part of 19 February 2019 on the adoption of the rules of procedure of the Joint Council and of the Trade and Development Committee [2019/437] Decision No 2/2019 of the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, of 19 February 2019 on the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators [2019/438] 20-03-19 Commission Implementing Regulation (EU) 2019/444 of 19 March 2019 amending Implementing Regulation (EU) 2015/2447 as regards the forms for guarantor’s undertakings and the inclusion of air transport costs in the customs value in view of the withdrawal of the United Kingdom from the Union Commission Implementing Regulation (EU) 2019/446 of 19 March 2019 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries 21-03-19 Council Decision (EU) 2019/453 of 19 March 2019 on the signing, on behalf of the Union, of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro Commission Implementing Regulation (EU) 2019/454 of 20 March 2019 concerning the authorisation of preparations of alpha-amylase from Bacillus amyloliquefaciensDSM 9553, Bacillus amyloliquefaciens NCIMB 30251, or Aspergillus oryzae ATCC SD-5374, as well as a preparation of endo-1,4-beta-glucanase from Trichoderma reeseiATCC PTA-10001 as silage additives for all animal species Commission Implementing Regulation (EU) 2019/455 of 20 March 2019 making imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America subject to registration Commission Implementing Regulation (EU) 2019/456 of 20 March 2019 authorising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union 22-03-19 Commission Implementing Decision (EU) 2019/469 of 20 March 2019 amending Implementing Decision 2014/909/EU as regards the period of application of the protective measures in relation to small hive beetle in Italy (notified under document C(2019) 2044) Commission Implementing Decision (EU) 2019/470 of 20 March 2019 repealing Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy (notified under document C(2019) 2045) Commission Implementing Decision (EU) 2019/471 of 20 March 2019 approving the plan for the eradication of African swine fever in feral pigs in certain areas of Hungary (notified under document C(2019) 2073) European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3)TEU 25-03-19 Notice concerning the date of entry into force of the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China in connection with DS492 European Union — Measures affecting Tariff Concessions on Certain Poultry Meat Products Council Decision (EU) 2019/477 of 12 March 2019 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 65 OJ Date Subject Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union Commission Delegated Regulation (EU) 2019/478 of 14 January 2019 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts Commission Implementing Regulation (EU) 2019/481 of 22 March 2019 approving the active substance flutianil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 Commission Implementing Decision (EU) 2019/484 of 21 March 2019 approving the plan for the eradication of African swine fever in feral pigs in certain areas of Bulgaria(notified under document C(2019) 2133) Regulation (EU) 2019/474 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 952/2013 laying down the Union Customs Code 26-03-19 Commission Implementing Decision (EU) 2019/489 of 25 March 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 2338) Commission Implementing Decision (EU) 2019/490 of 25 March 2019 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2019) 2347) 27-03-19 Commission Implementing Regulation (EU) 2019/506 of 26 March 2019 authorising the placing on the market of D-ribose as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470 Commission Decision (EU) 2019/511 of 26 March 2019 amending the Annex to the Monetary Agreement between the European Union and the Vatican City State Commission Decision (EU) 2019/512 of 26 March 2019 updating Annex A to the Monetary Agreement between the European Union and the Principality of Monaco Regulation (EU) 2019/491 of the European Parliament and of the Council of 25 March 2019 in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the Union Regulation (EU) 2019/492 of the European Parliament and of the Council of 25 March 2019 amending Regulation (EC) No 391/2009 with regard to the withdrawal of the United Kingdom from the Union Regulation (EU) 2019/494 of the European Parliament and of the Council of 25 March 2019 on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union Regulation (EU) 2019/496 of the European Parliament and of the Council of 25 March 2019 amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation for the export of certain dual-use items from the Union to the United Kingdom Corrigendum to Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas included in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 (OJ L 38, 8.2.2019) 28-03-19 Commission Regulation (EU) 2019/521 of 27 March 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 Commission Implementing Regulation (EU) 2019/522 of 27 March 2019 amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 66 OJ Date Subject data on production and on imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014 Commission Implementing Directive (EU) 2019/523 of 21 March 2019 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community Council Decision (EU) 2019/524 of 21 March 2019 on the position to be taken on behalf of the European Union within the Joint Committee established by the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Japan, of the other part, as regards the adoption of Rules of Procedure for the Joint Committee Commission Implementing Decision (EU) 2019/525 of 26 March 2019 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (notified under document C(2019) 2208) Commission Decision (EU) 2019/526 of 27 March 2019 amending the Annex to the Monetary Agreement between the European Union and the Republic of San Marino Commission Decision (EU) 2019/527 of 27 March 2019 amending the Annex to the Monetary Agreement between the European Union and the Principality of Andorra Council Decision (EU) 2019/485 of 5 March 2019 on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union Joint letter from the European Communities and its Member States on the one part, and Australia, on the other part, pursuant to paragraph 5 of the Procedures for the Implementation of Article XXI of the General Agreement on Trade in Services (GATS) (S/L/80 of 29 October 1999) relating to the modifications proposed in the GATS Schedules of the European Communities and its Member States (hereafter the EC) to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden to the European Communities Joint letter from the European Communities and its Member States on the one part, and Argentina, on the other part, pursuant to paragraph 5…. Joint letter from the European Communities and its Member States on the one part, and Brazil, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and Canada, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and China, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and Colombia, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and Cuba, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and Ecuador, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and Hong Kong, China, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and India, on the other part, pursuant to paragraph 5 …. Joint letter from the European Communities and its Member States on the one part, and Japan, on the other part, pursuant to paragraph 5…. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 67 OJ Date Subject Joint letter from the European Communities and its Member States on the one part, and the Republic of Korea, on the other part, pursuant to paragraph 5…. Joint letter from the European Communities and its Member States on the one part, and New Zealand, on the other part, pursuant to paragraph 5…. Joint letter from the European Communities and its Member States on the one part, and the Philippines, on the other part, pursuant to paragraph 5…. Joint letter from the European Communities and its Member States on the one part, and Switzerland, on the other part, pursuant to paragraph 5…. Joint letter from the European Communities and its Member States on the one part, and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, on the other part, pursuant to paragraph 5….. Joint letter from the European Communities and its Member States on the one part, and the United States of America, on the other part, pursuant to paragraph 5…. 28-03-19 Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 116/02 29-03-19 Explanatory Notes to the Combined Nomenclature [2019/C 119/01] (148.6 MB) Council Decision (EU) 2019/528 of 6 November 2018 on the conclusion, on behalf of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Kingdom of Morocco setting out the terms and conditions for the participation of the Kingdom of Morocco in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) Commission Implementing Regulation (EU) 2019/530 of 27 March 2019 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmas Commission Implementing Regulation (EU) 2019/533 of 28 March 2019 concerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin Commission Directive (EU) 2019/514 of 14 March 2019 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 Regulation (EU) 2019/519 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 February 2019 to 28 February 2019(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2019/C 118/01] Restrictive measures established, amended, corrected During the past month, the following restrictive measures were established, amended or corrected: OJ Date Restrictive Measure 04-03-19 Council Implementing Regulation (EU) 2019/350 of 4 March 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 68 OJ Date Restrictive Measure Council Implementing Decision (CFSP) 2019/351 of 4 March 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria 05-03-19 Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine Commission Implementing Regulation (EU) 2019/353 of 4 March 2019 amending for the 295th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations 15-03-19 Council Implementing Regulation (EU) 2019/408 of 14 March 2019 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine Council Implementing Regulation (EU) 2019/409 of 14 March 2019 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine Council Decision (CFSP) 2019/415 of 14 March 2019 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine Council Decision (CFSP) 2019/416 of 14 March 2019 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 19-03-19 Commission Implementing Regulation (EU) 2019/431 of 18 March 2019 amending for the 296th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations Commission Implementing Regulation (EU) 2019/432 of 18 March 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq 22-03-19 Council Implementing Regulation (EU) 2019/459 of 21 March 2019 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt Council Decision (CFSP) 2019/468 of 21 March 2019 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt Council Decision (CFSP) 2019/467 of 21 March 2019 amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina 27-03-19 Commission Implementing Regulation (EU) 2019/507 of 26 March 2019 amending for the 297th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations 28-03-19 Corrigendum to Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine ( OJ L 64, 5.3.2019 ) Corrigendum to Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine ( OJ L 64, 5.3.2019 ) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 69 Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Individual Countries FRANCE Customs and the Dual-Use Goods Service (SBDU) are implementing new features facilitating the export of dual-use goods On 26 March 2019, the Directorate-General of Customs and Indirect Taxes (DGDDI) announced that Customs and the Dual-Use Goods Service (SBDU) are implementing new features facilitating the export of dual-use goods. The link between [email protected] and EGIDE (Dual Use Goods Service Information System) is part of the ongoing deployment of the National Single Customs Clearance Window (Guichet Unique National du dédouanement or GUN). The second version of the GUN link offers important new features over the original June 2018 deployment. This version now makes it possible to process via the GUN the exports of dual-use goods authorized in dematerialized global licenses including all the recipients of a given country. It also allows a more detailed control of the scope of the consignee of the customs declaration (company name, track, city, country …). GUN now offers greater granularity of error patterns on these fields. In addition, the SBDU decided to extend the dematerialization of export licenses for dual-use goods, which are no longer issued in paper form except under specific exceptions (notably for temporary exports). Licenses issued since January 2, 2019 via the EGIDE portal (accessible with a strong authentication key) are dematerialized: the cerfa form and the license assignment form are now exclusively accessible via EGIDE. For operators filing three or fewer license applications per year, the SBDU also provides an EGIDE “Visitor” portal (accessible without an authentication key) for filing a tele-license application. Notifications are then sent by email. Official Gazette (Journal officiel) Date Measure 02-03-19 ACTION & PUBLIC ACCOUNTS: 22 Order of 27 February 2019 amending the list of customs offices and indirect rights 05-03-19 ACTION & PUBLIC ACCOUNTS: 16 Order of 1 February 2019 made in application of the provisions of Article 265g of the Customs Code ACTION & PUBLIC ACCOUNTS: 17 Order of 19 February 2019 amending the Order of 25 June 2008 adopted for the application of the provisions of Article 3 (a) of Article 265a of the Customs Code relating to energy products, referred to in Article 265 of the same Code, which are intended to be used for the production of electricity, and laying down the measures which suppliers, distributors and users of such products must comply with for the purposes of the tax audit 15-03-19 ECONOMY & FINANCE: 19 Decree of 20 February 2019 dematerializing the procedures for applying for and issuing export authorizations for dual-use goods, amending the Decree of 13 December 2001 on the control of exports to third countries and the transfer to third countries Member States of the European Community of dual-use goods and technologies Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 70 Date Measure ACTION & PUBLIC ACCOUNTS: 22 Decree No. 2019-187 of 13 March 2019 on the traceability system for tobacco products 28-03-19 ECO & SOLIDARITY TRANSITION, ETC.: 33 Report to the President of the Republic relating to Ordinance No. 2019-236 of 27 March 2019 derogating from Article L. 551-2 of the Environment Code necessary for the urgent realization of the works required by the restoration border controls with the United Kingdom as a result of the withdrawal of that State from the European Union and amending Ordinance No 2019-75 of 6 February 2019 on measures to prepare the withdrawal of the United Kingdom from the United Kingdom European Union in financial services ECO & SOLIDARITY TRANSITION, ETC.: 34 Ordinance no 2019-236 of 27 March 2019 derogating from Article L. 551-2 of the Environment Code necessary for the urgent completion of the work required for the reinstatement of border controls with the United Kingdom because of the withdrawal of that State from the European Union and amending Ordinance No 2019-75 of 6 February 2019 on measures to prepare the withdrawal of the United Kingdom from the European Union in the field of financial services Notices to importers The following notices were posted by Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices – Import-export related measures, below) : Release Date Ref. No. and Subject 05-03-19 19-011 Application of late payment interest in the event of late payment of certain debts recovered by the accountants of the Directorate-General for Customs and Excise 20-03-19 2019/15-Notice to importers of certain prepared or preserved citrus fruits originating in the People’s Republic of China 21-03-19 2019/16-Notice to importers of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States 25-03-19 2019/17-Notice to Importers of Ceramic Tableware and Kitchenware from the People’s Republic of China 2019/18-Notice to importers of certain types of polyethylene terephthalate originating in India 2019/19-Notice to importers of goods originating in the United Kingdom 27-03-19 19-012 Duties and taxes applicable to energy products as of April 1, 2019 SWITZERLAND Swiss-UK Agreement on Customs Facilitation and Security On 20 March 2019, the Swiss Federal Customs Administration (FCA) issued the following Information: Agreement on Customs Facilitation and Security: Bilateral traffic between Switzerland and United Kingdom of Great Britain and Northern Ireland It is currently unclear what status the United Kingdom of Great Britain and Northern Ireland (UK) will have following its withdrawal from the European Union (EU) on 29 March 2019. If there is a disorderly withdrawal, additional security data must be entered in the customs declaration for goods traffic between Switzerland and the UK. Relations between Switzerland and the UK are currently largely based on bilateral agreements with the EU which will no longer be applicable to the UK after withdrawal from the EU (or after the end of a transitional phase). Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 71 Should the UK’s departure be disorderly (no deal or hard Brexit), the bilateral trade agreement between Switzerland and the UK will be applied provisionally from the date of departure1 . Goods traffic between Switzerland and the UK will be subject to prior notification. Further information: More security for the supply chain2 Should the EU and the UK agree on a withdrawal agreement within this period, the Customs Facilitation and Security Agreement between Switzerland and the EU would continue to apply in the relationship between Switzerland and the UK during a transitional phase until at least 31 December 2020. —————————————————————————- 1 The leaving date is planned for 29.03.2019. However, it cannot be excluded that the date will be postponed. In this case, the date of provisional application of the trade agreement changes, but the information contained in this document remains valid. 2 Pre-arrival notification security (Security amendment) e-dec Export and Pre-arrival notification security (Security amendment) Export and Transit by NCTS Swiss Government announces restriction on licences for war materials exported to Lebanon The Swiss Government recently announced that licences will no longer be permitted for war materials (“Kreigsmaterial”) exported to end users in Lebanon. Previously, a licence could be obtained for war materials supplied to groups responsible for the protection of Politically Exposed Persons, subject to a declaration of no re-export without written Swiss permission and on-site checks. The change in approach resulted from a post-shipment verification in 2018, which allowed only for the physical verification of 9 out of 40 military rifles and pistols, despite an export licence having been granted in 2016. Moving forward, Swiss licences will no longer be available for war materials being exported to Lebanon, regardless of their end-use. Authors: Ross L. Denton and Sunny Mann Recueil officiel Date Measure 01-03-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) 20-03-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) 21-03-19 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.442.106) 26-03-19 Ordinance of the FDF on goods benefiting from customs concessions according to their use (Ordinance on Customs relief, OADou) (RS 631.012) Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01) Date Restrictive Measure 01-03-19 Amendment to the Ordinance of 2 October 2000 on Measures against Persons and Organizations Related to Usama bin Laden, the Al-Qaïda Group or the Taliban (RS 946.203) [Entry into force 28-02-19] 04-03-19 Amendment to the Ordinance of 14 March 2014 imposing measures against the Central African Republic (RS 946.231.123.6) [Entry into force 01-03-19] 07-03-19 Amendment to the Ordinance instituting measures against Zimbabwe (946.209.2) [Entry into force 07-03-19] Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 72 14-03-19 Amendment to the Ordinance on economic measures against the Republic of Iraq (RS 946.206) [Entry into force 13-03-19] Amendment to the Ordinance on Measures against Individuals and Entities Associated with Usama bin Laden, the Group «Al-Qaïda» or the Taliban (RS 946.203) [Entry into force 13-03-19] 25-03-19 Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, “al-Qaeda” group or the Taliban (RS 946.203) [Entry into force 22-03-19] UNITED KINGDOM Parliament rejects UK Brexit deal for the third time On 29 March 2019, the UK Parliament rejected the negotiated Brexit agreement for a third time (344 votes to 286), leaving the UK two weeks to find a way to prevent it leaving the EU without a transition period or negotiated deal. The EU had agreed to a delay until 22 May if the UK lawmakers had reached some sort of consensus going forward, but only until 12 April if no progress was made. The 12 April withdrawal will result in a “hard” exit from the EU with no transition period or protections. The 29 March vote was only on the withdrawal agreement, while the two previous votes included the political relationship with the EU as well. By only voting on the agreement itself, PM. May hoped to win over some critics. Boris Johnson and Liam Fox, both critics of the agreement, agreed to vote for it, after PM May offered to resign. Future votes are being scheduled [See our May Update for results]. HMRC outlines extension of Transitional Simplified Procedures On 22 March 2019, HM Revenue and Customs (HMRC) announced further details of measures to support businesses with new customs requirements, if the UK leaves the EU without a deal. HMRC is extending arrangements already announced for traders to use Transitional Simplified Procedures (TSP) which will make importing easier. This includes:  an extension of the date when the first supplementary customs declarations must be submitted, and any import duties must be paid, to 4 October 2019, with subsequent declarations submitted monthly  making TSP available at all UK ports if the UK leaves the EU without a deal TSP is designed for businesses importing goods to the UK from the EU that may be new to import declarations. Once they have registered for an EORI number they can take the simple next step and register for TSP. Both are free and quick to do. HMRC is urging all importers to make the necessary preparations should the UK leave the EU without a deal. Once a business is registered for TSP, it will be able to transport goods from the EU into the UK without having to make full customs declarations at the border or pay import duties straight away, to allow businesses time to prepare for usual import processes. To support businesses, HMRC today announced that it is giving them more time to adjust to these new requirements. For most goods imported using TSP, traders will be able to delay putting in customs declarations for the first 6 months after EU exit. Businesses will have until 4 October 2019 to submit declarations and pay any import duty for goods imported up to 30 September 2019. After that, customs declarations and payments will need to be made on the fourth working day of the following month. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 73 HMRC is also giving importing businesses until 30 September 2019 to provide a guarantee that is required to cover any customs duties that they wish to defer. This will apply for all importers, not just those who have registered for TSP. TSP will now be available for any port or airport, where goods are being brought in from the EU following discussions with stakeholders from across the ports industry. This was originally available for priority Roll-on-Roll-off locations like Dover or the Channel Tunnel. The department will continue to work with ports, including airports, and other key stakeholders on TSP implementation, recognising that circumstances will be different from port to port. EU extends UK withdrawal Please see EU-EFTA section above. UK Treasury publishes guidance on counter-terrorism sanctions On 20 March 2019, the UK Treasury published guidance to assist with the implementation of and compliance with the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (the ‘Regulations’) (available here), in accordance with Section 43 of the Sanctions and Anti-Money Laundering Act 2018 (‘the Sanctions Act’). In summary, this guidance provides best practice methods for complying with the prohibitions and requirements imposed by the Regulations. The Regulations are aimed at furthering the prevention of terrorism in the UK or elsewhere, by protecting UK national security interests. In addition, the Regulations ensure that the UK implements the necessary UN obligations under resolution 1373 (paragraphs 1 and 2; available here) and grants powers to the Treasury to designate persons by name who they believe to have been involved in or are involved in, terrorist activity. The Regulations impose financial sanctions that apply within the UK and in relation to the activities of all UK persons worldwide (which includes British nationals and legal bodies incorporated under UK law, including all companies established in the UK and their respective overseas branches). The financial sanctions that can be imposed under the Regulations by the Office of Financial Sanctions Implementation (‘OFSI‘),[1] includes the freezing of funds and economic resources of designated persons and the prohibition of economic resources being made available to or for the benefit of, either directly or indirectly, designated persons or entities. The designation criteria for the implementation of an asset freeze on designated persons is set out in Regulation 6. Broader powers such as the request for information from designated persons (and subsequent offences for non-compliance) are also provided by the Regulations. Such powers are contained in Part 5 of the Regulations, which also provides information on obligations imposed on relevant firms to report information to HM Treasury about known or suspected designated persons or about persons who have committed an offence under the Regulations. To enable or facilitate a contravention of, or to circumvent, any of the prohibitions in these Regulations is a criminal offence, with the most severe breach of financial sanctions carrying a maximum sentence of 7 years’ imprisonment and / or a fine.[2] However, there are exceptions to some of the financial sanction prohibitions that don’t require a licence from OFSI. For example, the Regulations grant an exception for acts done for the purposes of national security or prevention of serious crime under Regulation 18. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 74 Further information on the exemptions available and broader guidance on how OFSI implements financial sanctions can be found on the OFSI pages of GOV.UK. [1] OFSI is the authority responsible for implementing the UK’s financial sanctions on behalf of HM Treasury. Further OFSI guidance can be found here. [2] The full list of penalties that can be given for a breach of the Regulations is provided in Regulation 28 (see here). Authors: Ross L. Denton and Sunny Mann. Parliament votes to postpone Brexit On 14 March 2019, the UK Parliament voted to postpone the UK’s departure from the European Union. However, it will be up to the European Union’s council, which meets next week to decide whether it will agree with the request. Donald Tusk, the president of the European Council, said European leaders should be “open to a long extension” of Britain’s membership. Several amendments were offered in Parliament. The first, sponsored by a Conservative Party member, would have taken control of the Brexit process away from the Prime Minister. This amendment failed by a 314-312 vote. Another, offered by an independent, to call a second referendum lost by a 334-85 vote. Another vote on Mrs. May’s deal will be held next week. On 13 March, Parliament had rejected a “no-deal” exit from the EU. Trade and Continuity agreements signed See listing through 22 March 2019, at: https://www.gov.uk/guidance/signed-uktrade-agreements-transitioned-from-the-eu?utm_source=a69220fe-654f-44a1- 8690-38a88972638f&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Brexit vote fails in Parliament, other votes scheduled On 12 March 2019. the House of Commons voted 391 to 242 against approval of the Brexit deal worked out between Prime Minister May and the European Union. With the Brexit date currently set at 29 March, the House of Commons has scheduled two vote additional votes. On Wednesday, 13 March, they will vote to leave the European Union without any deal (“no-deal” Brexit), which is expected to be defeated. On Thursday, they will vote to extend the withdrawal date (under Article 50) to give the UK more time to negotiate a deal. The EU Council meets on 21 March, which is believed to be the date by which an extension would have to be requested. Temporary tariff regime for no deal Brexit published On 13 March 2019, the government announced details of the UK’s temporary tariff regime for no deal, designed to minimise costs to business and consumers while protecting vulnerable industries. The government is publishing this approach ahead of the vote in Parliament on No Deal to ensure MPs are fully informed. This regime is temporary, and the government would closely monitor the effects of these tariffs on the UK economy. It would apply for up to 12 months while a full consultation and review on a permanent approach to tariffs is undertaken. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 75 British businesses would not pay customs duties on the majority of goods when importing into the UK if we leave the European Union without an agreement. Under the temporary tariff, 87% of total imports to the UK by value would be eligible for tariff free access. Tariffs would still apply to 13% of goods imported into the UK. This includes:  a mixture of tariffs and quotas on beef, lamb, pork, poultry and some dairy to support farmers and producers who have historically been protected through high EU tariffs  retaining a number of tariffs on finished vehicles in order to support the automotive sector and in light of broader challenging market conditions. However, car makers relying on EU supply chains would not face additional tariffs on car parts imported from the EU to prevent disruption to supply chains  in addition, there are a number of sectors where tariffs help provide support for UK producers against unfair global trading practices, such as dumping and state subsidies. Tariffs would be retained for these products, including certain ceramics, fertiliser and fuel  to meet our long-standing commitment to reduce poverty through trade, the government currently offers preferential access to the UK market for developing countries. To ensure that access for developing countries is maintained, we would retain tariffs on a set of goods, including bananas, raw cane sugar, and certain kinds of fish *** [Quotes from Trade Policy Minister George Hollingbery omitted] The government has also confirmed that it will take a temporary approach to avoid new checks and controls on goods at the Northern Ireland land border if the UK leaves the EU without a deal. The UK’s temporary import tariffs will therefore not apply to goods crossing from Ireland into Northern Ireland. These tariffs would apply equally to all other trading partners, except for those where we have a free trade agreement in place and around 70 developing countries that will benefit from preferential access to our market. The government will lay the appropriate legislation in light of the outcome of the vote on no deal today. US Trade Representative (USTR) releases its negotiating objectives for a possible trade agreement with the UK On 28 February 2019, the USTR published a paper summarising its “specific negotiating objectives” for negotiating a trade agreement with the UK post-Brexit (available here). The paper starts by stating that that the US’s “aim in negotiations with the UK is to address both tariff and non-tariff barriers and to achieve fairer and deeper trade”. The US objectives notably include:  greater access to the UK market for US agricultural products;  comprehensive duty-free access for US industrial goods;  provision for “enforceable and robust” sanitary and phytosanitary obligations;  expanding “competitive market opportunities” for US financial service suppliers;  UK commitments not to impose customs duties on digital products such as software, music, video and e-books;  guarantees that the UK will not manipulate its currency “to prevent effective balance of payments adjustment or to gain an unfair competitive advantage”. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 76 A UK government spokesperson has responded to this announcement by stating that negotiating an “ambitious free trade agreement” with the US was a priority and that the UK would publish its own negotiating objectives in due course (as reported here). Authors: Ross L. Denton and Sunny Mann. Legislation (legislation.gov.uk) [Note: Due to Brexit, some UK legislation not related to trade is being included in the tables below] Date Measure 01-03-19 SI 2019/398 – The Tonnage Tax (Prescribed and Specified Matters) Regulations 2019 SI 2019/404 – The Value Added Tax (Place of Supply of Services) (Supplies of Electronic, Telecommunication and Broadcasting Services) (Amendment and Revocation) (EU Exit) Order 2019 SI 2019/408 – The Value Added Tax (Input Tax) (Specified Supplies) (EU Exit) (No. 2) Regulations 2019 04-03-19 SI 2019/399 – The European Union (Withdrawal) Act 2018 (Commencement No. 2) Regulations 2019 SI 2019/429 – The Taxation (Cross-border Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019 05-03-19 SI 2019/426 – The Mutual Assistance on Customs and Agricultural Matters (Revocation) (EU Exit) Regulations 2019 SI 2019/449 – The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 SI 2019/451 – The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/452 – The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019 SI 2019/454 – The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 SI 2019/425 – The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Cynhyrchion Bwyd a Bwyd Anifeiliaid Rheoleiddiedig (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019 SI 2019/434 – The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Hylendid a Diogelwch Bwyd a Bwyd Anifeiliaid (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019 SI 2019/435 – The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Safonau a Labelu Bwyd (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019 06-03-19 SI 2019/421 – The Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019 SI 2019/472 – The Seed Marketing and Seed Potatoes (England) (Amendment) Regulations 2019 SR 2019/27 – The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 07-03-19 SI 2019/462 – The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019 SI 2019/464 – The Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019 SI 2019/468 – The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 SI 2019/473 – The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 SI 2019/474 – The Excise Duties (Miscellaneous Amendments) (EU Exit) (No. 3) Regulations 2019 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 77 Date Measure SI 2019/475 – The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 SI 2019/484 – The European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 2019 SI 2019/487 – The Customs (Managed Transition Procedure) (EU Exit) Regulations 2019 SI 2019/489 – The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/492 – The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019 08-03-19 SI 2019/470 – The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/486 – The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 SI 2019/488 – The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019 SI 2019/506 – The Bilateral Investment Agreements (Transitional Arrangements and Framework for Managing Financial Responsibility) (Revocation) (EU Exit) Regulations 2019 SI 2019/509 – The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 SI 2019/513 – The Value Added Tax (Miscellaneous Amendments, Revocation and Transitional Provisions) (EU Exit) Regulations 2019 SI 2019/524 – The Wine (Amendment) Regulations 2019 SI 2019/527 – The Invasive Alien Species (Enforcement and Permitting) Order 2019 SI 2019/496 – The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 / Rheoliadau Deunyddiau Atgenhedlol y Goedwig (Prydain Fawr) (Diwygio) (Cymru) 2019 SI 2019/498 – The Plant Health (Forestry) (Amendment) (Wales) Order 2019 / Gorchymyn Iechyd Planhigion (Coedwigaeth) (Diwygio) (Cymru) 2019 11-03-19 SI 2019/536 – The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 SI 2019/538 – The Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 12-03-19 SR 2019/41 – The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 SR 2019/40 – The International Joint Investigation Teams (International Agreements) (EU Exit) Order (Northern Ireland) 2019 13-03-19 SI 2019/529 – The Food (Amendment) (EU Exit) Regulations 2019 SI 2019/493 – The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 SSI 2019/89 – The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Amendment Regulations 2019 14-03-19 SI 2019/563 – The Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019 SI 2019/539 – The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 15-03-19 SI 2019/581 – The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/560 – The Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/550 – The Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 18-03-19 SI 2019/571 – The Shipments of Radioactive Substances (EU Exit) Regulations 2019 SI 2019/569 – The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019 / Rheoliadau Anifeiliaid a Chynhyrchion Anifeiliaid (Archwilio am Weddillion a Therfynau Gweddillion Uchaf) (Cymru) 2019 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 78 Date Measure 19-03-19 SI 2019/601 – The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 SI 2019/594 – The Tobacco Products (Traceability and Security Features) Regulations 2019 SI 2019/588 – The Animals (Legislative Functions) (EU Exit) Regulations 2019 SI 2019/583 – The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 20-03-19 SI 2019/590 – The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 SI 2019/597 – The Trade in Animals and Related Products (Amendment) (Wales) (EU Exit) Regulations 2019 / Rheoliadau’r Fasnach mewn Anifeiliaid a Chynhyrchion Perthynol (Diwygio) (Cymru) (Ymadael â’r UE) 2019 21-03-19 SSI 2019/99 – The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 9 and Transitional Provisions) Order 2019 22-03-19 SI 2019/619 – The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 SR 2019/49 – The Plant Health (Amendment) Order (Northern Ireland) 2019 25-03-19 SI 2019/658 – The Tonnage Tax (Exception of Financial Year 2019) Order 2019 SI 2019/652 – The Food and Feed Hygiene and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/628 – The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 26-03-19 SI 2019/686 – The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 SI 2019/680 – The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/642 – The General Food Hygiene (Amendment) (EU Exit) Regulations 2019 SI 2019/641 – The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/640 – The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/639 – The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 27-03-19 SI 2019/665 – The Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/664 – The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 SI 2019/557 – The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/684 – The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Iechyd a Lles Anifeiliaid (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019 SI 2019/674 – The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Iechyd Planhigion (Diwygio) (Cymru) (Ymadael â’r UE) 2019 28-03-19 SSI 2019/124 – The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 SI 2019/673 – The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 SI 2019/676 – The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/692 – The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019 SI 2019/698 – The Customs (Revocation of Retained Direct EU Legislation, etc.) (EU Exit) Regulations 2019 SI 2019/714 – The Customs (Economic Operators Registration and Identification) (Amendment) (EU Exit) Regulations 2019 SI 2019/715 – The Customs Safety and Security Procedures (EU Exit) Regulations 2019 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 79 Date Measure SI 2019/718 – The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019 29-03-19 SI 2019/705 – The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/704 – The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 SI 2019/702 – The Novel Food (Amendment) (EU Exit) Regulations 2019 SI 2019/701 – The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019 SI 2019/699 – The Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 SI 2019/693 – The Organic Production and Control (Amendment) (EU Exit) Regulations 2019 SI 2019/556 – The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 SR 2019/67 – The Equine Identification Regulations (Northern Ireland) 2019 SR 2019/66 – The Marketing of Bananas Regulations (Northern Ireland) 2019 Date Restrictive Measure 01-03-19 SI 2019/380 – The Sanctions (Amendment) (EU Exit) (No 2) Regulations 2019 07-03-19 SI 2019/433 – The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 SI 2019/438 – The South Sudan (Sanctions) (EU Exit) Regulations 2019 08-03-19 SI 2019/411 – The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 SI 2019/461 – The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 SI 2019/466 – The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 15-03-19 SI 2019/577 – The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 SI 2019/554 – The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 18-03-19 SI 2019/573 – The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 20-03-19 SI 2019/600 – The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 21-03-19 SI 2019/604 – The Zimbabwe (Sanctions) (EU Exit) Regulations 2019 22-03-19 SI 2019/618 – The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 25-03-19 SI 2019/627 – The Sanctions Regulations (Commencement No. 1) (EU Exit) Regulations 2019 Reports, consultations, trade agreements The Department for International Trade (DIT) has released the following documents and country guides [DBEIS= Department for Business, Energy & Industrial Strategy; FCO=Foreign & Commonwealth Office; HMT= H.M. Treasury]: Release Date Subject 04-03-19 Providing services to EEA and EFTA countries after EU Exit (DIT, DBEIS, FCO) Hungary: providing services after EU Exit (DIT, DBEIS, FCO) Malta: providing services after EU Exit (DIT, DBEIS, FCO) The Netherlands: providing services after EU Exit (DIT, DBEIS, FCO) Poland: providing services after EU Exit (DIT, DBEIS, FCO) Portugal: providing services after EU Exit (DIT, DBEIS, FCO) Slovakia: providing services after EU Exit (DIT, DBEIS, FCO) Sweden: providing services after EU Exit (DIT, DBEIS, FCO) 13-03-19 Temporary rates of customs duty (tariffs) on imports after EU Exit (DIT) Guidance – Generalised Scheme of Preferences: countries (DIT) The Customs (Tariff Quotas) (EU Exit) Regulations 2019 (several agencies) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 80 Release Date Subject 14-03-19 The Customs (Tariff-Free Access for Goods from Overseas Territories) Regulation 19-03-19 Providing services to EEA and EFTA countries after EU Exit (DIT, DBEIS, FCO) [updated] Guidance – Ireland: providing services after EU Exit (DIT, DBEIS, FCO) Guidance – Switzerland: providing services after EU Exit (DIT, DBEIS, FCO) 20-03-19 Guidance – Check temporary rates of customs duty (tariffs) on imports after EU Exit (DIT) (updated) 21-03-19 UK-Pacific Economic Partnership Agreement 22-03-19 Signed UK trade agreements transitioned from the EU Existing trade agreements if the UK leaves the EU with no deal UK signs trade continuity agreement with Caribbean countries 29-03-19 Impact assessment of the EU-Vietnam Free Trade Agreement on the UK HMRC updates The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs [and other agencies]: Release Date Ref. No. and Subject Customs Information Papers 13-03-19 Extension to implementation date of the change in approach on indirect representation for some customs authorisations holders (CIP5) Registered Exporter (REX) system incorrect use of Generalized System of Preferences form A (CIP6) New Computerised Transit System Transit Declaration Completion (CIP7) 15-03-19 Authorised Economic Operator application C117 and Self-Assessment questionnaire C118 (CIP8) Tariff, Anti-Dumping and Other Notices 01-03-19 Notice 361: importing museum and gallery exhibits free of duty and VAT 04-03-19 Notice 3001: customs special procedures for the Union Customs Code Notices made under The Customs (Export)(EU Exit) Regulations 2019 05-03-19 Imports of certain electrolytic manganese dioxides, originating in the Republic of South Africa. (Anti-Dumping Duty 2323) 06-03-19 Imports of chamois leather, originating in the People’s Republic of China (AntiDumping Duty 2324) 07-03-19 Regional trade statistics interactive analysis: fourth quarter 2018 Partnership pack: preparing for changes at the UK border after a no deal EU exit CHIEF: freight location codes Letters on no deal Brexit advice for businesses trading with the EU and/or the rest of the world UK regional trade in goods statistics: fourth quarter 2018 Letters on no deal Brexit advice for businesses trading with the EU Imports of glass fibre fabrics, originating in the People’s Republic of China and Egypt (Anti-Dumping Duty 2325) 08-03-19 Draft notices to be made in relation to the amendments brought in by The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019 Statutory Instruments relating to EU Exit 11-03-19 Guidance – Get a UK EORI number to trade within the EU updated 13-03-19 Guidance – Authorised Use: Reliefs from import duty on goods brought into the United Kingdom for specified uses (HMT, HMRC, DIT) Guidance – Check temporary rates of customs duty (tariffs) on imports after EU Exit Tax Information and Impact Note for the UK Tariff 2019 The Customs Tariff (Preferential Trade Agreement) (EU Exit) Regulations 2019 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 81 Release Date Ref. No. and Subject The Customs Tariff (Establishment) (EU Exit) Regulations The Customs (Tariff Rate Quotas) Regulation The Tariff Rate Quota (Licensing) Regulations Authorised Use: Reliefs from import duty on goods brought into the United Kingdom for specified uses Apply to use simplified procedures for import or export (C&E48) 14-03-19 The Customs (Origin of Chargeable Goods) (EU Exit) Regulations 2019 Arrangement for import duty on trade in goods from certain British Overseas Territories (HMRC, DIT) The Customs (Tariff-Free Access for Goods from Overseas Territories) Regulation 18-03-19 Notice 760: Customs Freight Simplified Procedures (CFSP) Notice 117: Authorised Economic Operator Goods Location Codes for data element 5/23 of CDS 19-03-19 Communications pack – Import VAT on parcels in the event of a no deal EU exit 21-03-19 Notice 830: General System of Preference rules of origin 22-03-19 Apply to defer payment of customs duties, import VAT and excise duties 25-03-19 Notice 117: Authorised Economic Operator 27-03-19 HMRC impact assessment for VAT and services if the UK leaves the EU without a deal Guidance – Current arms embargoes and other restrictions (updates) 28-03-19 Statutory Instruments relating to EU Exit Preparing for a no deal EU Exit: what businesses need to be aware of (HMRC YouTube video webinar) 29-03-19 Communications pack: roll on roll off ports and Eurotunnel in the event of a no deal EU exit Notices Made Under The Customs (Import Duty) (EU Exit) Regulations 2018 Export Control, Embargo and Sanctions Notices The following Export Control Joint Unit (ECJU) Notices to Exporters and other Department for International Trade (DIT), Foreign and Commonwealth Office (FCO), HM Treasury (HMT) and HMT’s Office of Financial Sanctions Implementation (OFSI) documents were issued: Date Notice No. and Subject 05-03-19 Financial sanctions, Syria (HMT, OFSI) 06-03-19 Financial sanctions, Ukraine (Misappropriation and Human Rights) (HMT, OFSI) Who is subject to financial sanctions in the UK? (HMT, OFSI) Financial sanctions, ISIL (Da’esh) and Al-Qaida organisations (HMT, OFSI) Guidance: Exporting controlled goods after EU Exit (ECJU, DIT) 07-03-19 UK sanctions on South Sudan (FCO, ECJU, OFSI) 08-03-19 UK sanctions on Iran relating to nuclear weapons (FCO, ECJU, OFSI) 12-03-19 UK sanctions on the Democratic People’s Republic of Korea (FCO, ECJU, OFSI) 15-03-19 UK sanctions on the Republic of Guinea-Bissau (FCO, ECJU, OFSI) 18-03-19 Financial sanctions, Ukraine (Sovereignty and Territorial Integrity) (HMT, OFSI) UK international counter-terrorism sanctions (FCO, ECJU, OFSI) 20-03-19 Financial Sanctions notice on Iraq (OFSI) 21-03-19 UK Sanctions on Zimbabwe (FCO, ECJU, OFSI) UK Sanctions on the Republic of Belarus (FCO, ECJU, OFSI) UK Sanctions if there’s no Brexit deal (FCO, ECJU, OFSI) Guidance – Embargoes and sanctions on Iran (FCO, ECJU, DIT) Export Controls and EU Exit [Webinar first broadcast on 1 March] (password: QspZjM3B) 27-03-19 Open general export licence (export of dual-use items to EU member states) (DIT) [This licence does not come into force until 12 April 2019] Guidance – Current arms embargoes and other restrictions (DIT, ECJU) updated Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 82 Date Notice No. and Subject 28-03-19 UK sanctions on ISIL (Da’esh) and Al-Qaida (FCO, ECJU, OFSI) OTHER EU-EFTA COUNTRIES Import-export related measures The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Measure GERMANY 28-03-19 Law on Tax and Further Accompanying Regulations on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit-Steuerberegungsgesetz Brexit-StBG) (25-03-19) from No. 9 of 28.03.2019, page 357 ICELAND 01-03-19 Law № 14/2019 on the amendment of the Act on the treatment of króna assets, which are subject to special restrictions and the Foreign Exchange Act (offshore krónur discharge and the obligation to bind capital inflows). № 215/2019 Regulation (26-02-19) on (2) an amendment to regulation № 1132/2018 on the allocation of tariff quotas for the import of agricultural products according to Annexes IVA and IVB to the Customs Act. № 216/2019 Regulation (14) amendment of Regulation no. 835/2010 on the entry into force of Commission Regulation (EC) No 835/2010. 669/2009 on the implementation of the Regulation of the European Parliament and of the Council (EC) no. 882/2004 for the purposes of increased official controls on imports of certain feed and non-animal foods. 22-03-19 № 269/2019 (18-03-19) Regulation on (3) amendment of Regulation no. 831/2014 on the entry into force of Commission Regulation (EU) no. 605/2010 on animal and human health conditions and on animal and animal health certificates for import into the European Union of raw milk and dairy products for human consumption. 25-03-19 № 277/2019 Regulation (18-03-19) on (12) amendment of Regulation no. 560/2014 on the entry into force of Commission Regulation (EC) No 560/2014. 798/2008 on the lists of third countries, territories, territories or compartments authorized for import into the Community and transit through the Community of poultry and poultry products, as well as requirements for veterinary certification for animals and animal products. IRELAND (EIRE) 26-03-19 S.I. No. 110 of 2019 – European Union (Anti-Money Laundering: Beneficial Ownership Of Corporate Entities) Regulations 2019 LUXEMBOURG 21-03-19 Mem A 169 Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem A 170: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg. Mem A 171: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg. Mem A 172: Grand-Ducal Regulation of 25 January 2019 amending: 1° the Grand-Ducal Regulation of 27 August 2013 on the use of electronic means in public procurement procedures amending the amended Grand-Ducal Regulation of 3 August 2009 on implementation of the law of 25 June 2009 on public procurement and modifying the threshold provided for in article 106 point 10 ° of the communal law of 13 December 1988; Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 83 Date* Measure 2° the Grand-Ducal Regulation implementing the Procurement Act of 8 April 2018. 22-03-19 Mem A173: Grand-Ducal Regulation of 21 March 2019 authorizing wild boar hunting throughout the year in the prevention zone of the spread of African swine fever. 25-03-19 Mem A 184: Grand-Ducal Decree of 15 March 2019 amending the Grand-Ducal Decree of 3 June 2016 on the missions, organization and composition of the Council for Foreign Trade and Investment of the Grand Duchy of Luxembourg – Luxembourg Trade and Investment Board (TIB). 29-03-19 Mem A 208: Grand-Ducal Regulation of 29 March 2019 laying down preventive measures against the introduction and spread of African swine fever. NORWAY 06-03-19 FOR-2019-03-06-181 Ministry of Health and Care Services Regulations on the repeal of regulations on special protection measures for imports of mussels from Peru 11-03-19 FOR-2019-03-08-202 Ministry of Agriculture and Food Regulation amending the Regulations on the import and transit of poultry and certain poultry products from third countries 12-03-19 FOR-2019-02-14-207 Ministry of Health and Care Services Regulations on amendments to regulations on new food 13-03-19 FOR-2019-02-12-211 Ministry of Agriculture and Food Regulations on amendments to regulations on the determination of reduced tariffs on imports of industrially processed agricultural products FOR-2019-03-11-212 Ministry of Health and Care Services Regulations on amendments to regulations on materials and objects in contact with foodstuffs (food contact regulations) 25-03-19 FOR-2019-03-22-277 Ministry of Health and Care Services, Ministry of Agriculture and Food Regulations on amendments to the regulations on animal and public health conditions for import, transit and intermediate storage of milk and milk products from third countries 29-03-19 Law-2019-03-29-8 Ministry of Foreign Affairs – Law on a transitional period at the UK’s exit from the EU Law-2019-03-29-9 Ministry of Justice and Emergency Planning The Act on Transitional Rules, etc. by Britain’s withdrawal from the European Union POLAND 25-02-19 № 360 Regulation of the Minister of Finance of 20 February 2019 amending the ordinance on the basic remuneration of officers of the Customs and Treasury Service № 362 Regulation of the Minister of Agriculture and Rural Development of February 13, 2019 amending the regulation on specific veterinary requirements for the operation of quarantine facilities, quarantine stations, animal resting places, animal transhipment sites and water exchange sites for the transport of aquaculture animals 26-02-19 № 368 Regulation of the Minister of Maritime Economy and Inland Navigation and Minister of Agriculture and Rural Development of February 15, 2019 regarding the manner and forms of cooperation of the Main Inspector of Sea Fisheries and the Inspection of Commercial Quality of Agricultural and Food Products in the control of fish products 27-02-19 № 382 Announcement of the Speaker of the Sejm of the Republic of Poland of 1 February 2019 regarding the publication of a uniform text of the Act on the Transport of Dangerous Goods № 383 Announcement of the Minister of Entrepreneurship and Technology of February 5, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor regulation on tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the EURO-PARK Special Economic Zone Mielec 06-03-19 № 437 Announcement of the Minister of Entrepreneurship and Technology of February 5, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor’s regulation regarding tenders and negotiations and criteria Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 84 Date* Measure for assessing intentions for business ventures to be undertaken by entrepreneurs in the Kostrzyn-Słubice Special Economic Zone 07-03-19 № 444 Announcement of the Minister of Entrepreneurship and Technology of February 15, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor on bids and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Special Economic Zone “Starachowice” № 446 Announcement of the Minister of Entrepreneurship and Technology of February 15, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Łódź Special Economic Zone 11-03-19 № 461 Announcement of the Minister of Entrepreneurship and Technology of February 15, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor’s regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Suwałki Special Economic Zone № 470 Announcement of the Minister of Entrepreneurship and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor’s regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Słupsk Special Economic Zone 12-03-19 № 476 Announcement of the Minister for Enterprise and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor on bids and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Tarnobrzeg Special Economic Zone EURO- WISŁOSAN PARK № 482 Announcement of the Speaker of the Sejm of the Republic of Poland of February 22, 2019 regarding the publication of a uniform text of the Act on Special Economic Zones 18-03-19 № 508 Announcement of the Minister of Entrepreneurship and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor’s regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Pomeranian Special Economic Zone 20-03-19 № 522 Announcement of the Minister of Entrepreneurship and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor on bids and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepreneurs in the Wałbrzych Special Economic Zone INVEST- PARK 29-03-19 № 598 Regulation of the Minister of Agriculture and Rural Development of 20 March 2019 on the introduction in 2019 on the territory of the Republic of Poland of “Program aimed at early detection of infections with the virus causing African swine fever and broadening knowledge of this disease and its fight” SPAIN 01-03-19 INDUSTRY, TRADE & TOURISM (ITT) : Resolution of February 21, 2019, of the Secretary of State for Commerce, which modifies that of December 17, 2018, which approves the official calendar of international trade fairs of the year 2019. (BOEA-2019-2962 ) 02-03-19 HEAD OF STATE: Royal Decree-Law 5/2019, of 1 March, by which contingency measures are adopted in the event of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement established in Article 50 having been reached of the Treaty on European Union. (BOE-A-2019-2976) 08-03-19 HEAD OF STATE: Royal Decree 47/2019, of February 8, approving the public employment offer for strategic sectors before the withdrawal of the United Kingdom from the European Union. (BOE-A-2019-3308) ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, by which the UNE standard projects that the Spanish Standardization Association has in process, corresponding to the Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 85 Date* Measure month of February, are submitted to public information. of 2019. (BOE-A-2019- 3376) ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, whereby European and international standards projects that have been processed as UNE standard projects by the Spanish Association are submitted to public information of Normalization, corresponding to the month of February 2019.(BOE-A-2019-3377) 09-03-19 HACIENDA: Resolution of February 28, 2019, of the Presidency of the State Agency for Tax Administration, approving the definitive list of admitted and excluded persons, indicating the exemption from the theoretical test, and announcing the date, time and place for holding the aptitude tests for training as a customs representative, convened by Resolution of July 26, 2018. (BOE-A-2019- 3418) 15-03-19 ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, publishing the list of European standards that have been ratified during the month of February 2019 as Spanish standards. (BOE-A-2019-3802) ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Company, publishing the list of UNE regulations annulled during the month of February 2019. (BOE-A-2019-3803) ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Companies, by which the list of UNE standards approved by the Spanish Association for Standardization is published, during the month of February 2019. (BOE-A-2019-3804) 18-03-19 FOREIGN AFFAIRS, EU AND COOPERATION (FA,EU,C): Amendments to the main text of the Customs Convention on the international carriage of goods, under the TIR Carnets, adopted in Geneva on October 12, 2017. (BOE-A-2019-3857) FA, EU, C: Correction of errors in the provisional application of the Free Trade Agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other, made in Brussels on October 6, 2010.(BOE-A-2019-3858) 25-03-19 FA, EU C: Provisional application of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, on the one hand, and the State of Israel, on the other, to take into account the accession of the Republic of Croatia to the Union European, made in Brussels on December 20, 2018. (BOE-A-2019-4292) 26-03-19 LABOR, MIGRATION, ETC.: Resolution of March 25, 2019, of the Secretary of State for Migration, publishing the Agreement of the Council of Ministers of March 22, 2019, approving the instructions by which the procedure is determined, in case of withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union being reached, for the documentation of United Kingdom nationals resident in Spain before the date of withdrawal and of the members of his family, as well as for the documentation of United Kingdom nationals who meet the status of frontier workers before the date of withdrawal. (BOE-A-2019-4356) PRESIDENCY: Royal Decree 78/2019, of February 22, approving the Regulation that develops Law 49/1999, of December 20, on control measures for chemical substances susceptible to diversion for the manufacture of chemical weapons. (BOE-A-2019-4357) 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. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 86 Date* Restrictive Measure ICELAND 05-03-19 № 221/2019 (09-01-19) Regulation on a change to the Regulation on coercive measures concerning Libya no. 887/2015, with subsequent amendments № 222/2019 (07-02-19) Regulation on a change to the Regulation on coercive measures concerning the People’s Republic of Korea no.160/2015, with subsequent amendments № 1399/2018 (06-11-18) Regulation on a change to the regulation on coercive measures concerning Somalia no. 792/2015, with subsequent amendments № 1400/2018 (18-12-18) Regulation on a change to the regulation on measures against terrorism no. 448/2014, with subsequent amendments IRELAND (EIRE) 01-03-19 S.I. No. 61 of 2019 – European Union (Restrictive Measures concerning the Republic of Guinea) Regulations 2019 S.I. No. 62 of 2019 – European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) Regulations 2019 S.I. No. 63 of 2019 – European Union (Restrictive Measures concerning Venezuela) Regulations 2019 S.I. No. 64 of 2019 – European Union (Restrictive Measures concerning South Sudan) Regulations 2019 S.I. No. 65 of 2019 – European Union (Restrictive Measures concerning Burundi) Regulations 2019 15-03-19 S.I. No. 82 of 2019 – European Union (Restrictive Measures Concerning Ukraine) Regulations 2019 S.I. No. 83 of 2019 – European Union (Restrictive Measures Concerning Myanmar/Burma) Regulations 2019 S.I. No. 84 of 2019 – European Union (Restrictive Measures Concerning Iraq) Regulations 2019 S.I. No. 85 of 2019 – Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities With A View To Combating Terrorism) Regulations 2019 S.I. No. 86 of 2019 – European Union (Restrictive Measures Concerning Libya) Regulations 2019 S.I. No. 87 of 2019 – European Union (Restrictive Measures concerning ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them) Regulations 2019 S.I. No. 88 of 2019 – Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities Associated With The Isil (Da’esh) And Al-Qaida Organisations) Regulations 2019 S.I. No. 89 of 2019 – European Union (Restrictive Measures Concerning Afghanistan) Regulations 2019 LATVIA 01-03-19 MFA Sanctions Guidance: Informatīvais Materiāls (Vadlīnijas) Sankciju Efektīvai Ieviešanai Latvijā (in Latvian only) LIECHTENSTEIN 14-03-19 LGBI № 2019.062 Order of 12 March 2019 amending the Regulation on measures against certain persons from Ukraine (LR № 946.224.0) LGBI № 2019.063 Order of 12 March 2019 amending the Regulation on measures against Syria (LR № 946.223.8) 29-03-19 LGBI № 2019.078 Order of 26 March 2019 amending the Regulation on measures against persons and entities linked to the groups “ISIL (Da’esh)” and “Al-Qaida” (LR № 946.222.22) LGBI № 2019.079 Order of 26 March 2019 amending the Regulation on measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (LR № 946.224.2) LUXEMBOURG 01-03-19 Mem A 96: Ministerial Regulation of 1 March 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the Implementation of United Nations Security Council Resolutions and Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 87 Date* Restrictive Measure Acts adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the fight against the financing of terrorism. 14-03-19 Mem A 151: Regulation of the Commissariat aux Assurances No. 19/04 of February 26, 2019 amending the Regulation of the Commissariat aux Assurances No. 13/01 of December 23, 2013 on the fight against money laundering and the financing of terrorism. 25-03-19 Mem A 182: Ministerial Regulation of 25 March 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the Implementation of United Nations Security Council Resolutions and Acts adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the fight against the financing of terrorism. Non EU-EFTA European Countries TURKEY Legislation (laws, resolutions, orders, etc.) The following documents were published in the on-line T.C. Resmî Gazete. Date Subject 01-03-19 Implementing Regulation on Principles and Procedures for the Production, Labeling and Inspection of Tobacco Products 03-03-19 Communiqué on the Amendment to the Communiqué No: 2018-32 / 48 on the Communiqué No. 32 on the Protection of Turkish Currency Value (Communiqué No: 2018-32 / 48) (No: 2019-32 / 53) 09-03-19 Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/10) Communiqué Amending the Communiqué on the Implementation of Supervision on Importation (Communiqué No: 2007/25) 11-03-19 Communiqué on Application of Tariff Quota for Potato Imports Decision on Implementation of Tariff Quota in Potato Imports (Number of Decisions: 815) 01-03-19 The Republic of Turkey Belongs to Serbian Republic Free Trade Agreement between Protocol II Location of the site January 30, 2018 Dated “Protocol II” Agreement originating products Concept of Definition and Amending the Protocol II on Administrative Cooperation Method January 17, 2017 and dated 1/2017 Resolution on the Approval of Protocol III of 30 January 2018 on the Joint Trade Decision and the Service Trade Added to the Agreement (Number of Decision: 821) 14-03-19 Communiqué Amending the Communiqué on the Implementation of Supervision on Importation (Communiqué No: 2015/8) Kyrgyz Republic Government of the Republic of Turkey between the Government of the Common Customs Council Resolution on the Ratification of the Memorandum of Understanding on the Establishment (Decision Count: 838) 16-03-19 List of Taxes, Duties and Exemptions for February 2019 (Y) 17-03-19 List of Inward Processing Permits (D1) of February 2019 Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/9) 19-03-19 Communiqué on the Amendment to the Customs General Communiqué (Customs Transactions) (Serial No: 97) (Customs Procedures) (Serial No: 158) 20-03-19 Implementing Regulation on Principles and Procedures for the Production, Labeling and Inspection of Tobacco Products 21-03-19 Attachment to the Decree of the Council of Ministers dated 30/9/2013 and numbered 2013/5428 on the Freezing of the Assets of the Persons, Organizations or Organizations Listed by the Decisions of the United Nations Security Council Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 88 Date Subject (1267 (1999), 1988 (2011) and 1989 (2011) (1) ) Decision on Amendment to the List (Number of Decisions: 840) Attachment to the Decree of the Council of Ministers dated 30/9/2013 and numbered 2013/5428 on the Freezing of the Assets of the Persons, Organizations or Organizations Listed by the Decisions of the United Nations Security Council (1267 (1999), 1988 (2011) and 1989 (2011) (1) ) Decision on Amendment to the List (Number of Decisions: 841) 26-03-19 Kingdom of Morocco Government of the Republic of Turkey by road between the Government Resolution on the Ratification of the Agreement on International Passenger and Cargo Transportation (Decision Count: 858) UKRAINE Ukraine enacts additional sanctions against Russia On 19 March 2019, the President of Ukraine enacted the decision of the Ukrainian National Security and Defense Council (“NSDC”) [1] imposing new and extending existing sanctions against 294 legal entities and 848 individuals. Extensive sanctions restrictions, including assets freeze, preventing the withdrawal of capital outside of Ukraine and restricting trade operations, were imposed against Russian and foreign companies and individuals that:  were involved in the construction of the Kerch Strait Bridge, including Stroigasmontazh LLC, PJSC Mostotrest and JSС Insitute Giprostroimost – St. Petersburg;  distribute publishing products of anti-Ukrainian content, including Publishing House Eksmo LLC, Publishing House Veche LLC and Publishing House Ast LLC;  violated Ukrainian legislation on entry and/or exit to/from Crimea;  illegally received and used museum collections owned by Ukraine;  were involved in an armed attack and seizure of Ukrainian military boats, as well as the illegal detention of Ukrainian sailors; and  organized and facilitated elections on the temporarily occupied territories of Donetsk and Luhansk regions and in the Crimea. The new sanctions list includes PJSC Severstal, PJSC Power Machines, JSC Stroytransgaz, JSC Russian Aircraft Corporation MIG, Shipbuilding Plant Zaliv LLC, PJSC Yaroslavsky Shipbuilding Plant, PJSC Tupolev, EN+ Group PLC and PJSC Mako Holding. The NSDC also extended the term of certain existing sanctions restrictions, in particular against banks with the Russian state capital (Sberbank PJSC, Prominvestbank PJSC, VTB Bank PJSC and BM Bank PJSC) and Yandex. The new sanctions are imposed/extended for a period from two to three years. [1] Decree of the President of Ukraine No. 82/2019 dated 19 March 2019 enacting the NSDC Decision dated 19 March 2019 “On Imposition, Cancellation and Amendment of Personal Special Economic and Other Restrictive Measures (Sanctions)”. If you have any questions, please contact the author: Hanna Shtepa. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 89 Legislation (laws, resolutions, orders, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers (Розпорядження Кабінету Міністрів України), Regulations (Положення), Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website during the period of coverage of this Update: Date Subject 04-03-19 About the authorization of P. Degtyarenko to sign the Protocol to the Cooperation Agreement on the Civil Global Navigation Satellite System (GNSS) between Ukraine and the European Community and its member States in connection with the accession of the Republic of Bulgaria, Romania and the Republic of Croatia to the European Union Order of the President of Ukraine dated March 4, 2019 No. 28/2019-rp 05-03-19 On the Concept of Combating Terrorism in Ukraine Decree of the President of Ukraine; Concept from 05.03.2019 № 53/2019 06-03-19 On amendments to the Procedure for the conduct of trade activities and the rules of trade services in the consumer goods market Resolution of the Cabinet of Ministers of Ukraine dated March 6, 2019 No. 168 On approval of the criteria for assessing the degree of risk from conducting economic activities in the field of prevention and reduction of the use of tobacco products and their harmful effects on the health of the population and is determined by the frequency of implementation of planned state supervision (control) by the State Service for Food Safety and Protection of consumers Resolution of the Cabinet of Ministers of Ukraine; Criteria, List from March 6, 2019 No. 183 EURASIAN ECONOMIC UNION (EAEU) Decisions and recommendations of the Eurasian Economic Commission The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only Решения, Распоряжение and Recommendations having a direct effect on international traders are listed. Draft decrees and orders are not listed Publication Date Title Council (Совет) of the Eurasian Economic Commission Решение 12-03-19 № 6 (22-02-19) On determining the composition, structure and format, as well as the frequency and order of providing information about the movement of goods and vehicles across the customs border of the Eurasian Economic Union № 7 (22-02-19) On Amendments to the Order of Interaction of the Member States of the Eurasian Economic Union in the prevention, diagnosis, localization and elimination of foci of especially dangerous, quarantine and zoonotic animal diseases and conducting regionalization and compartmentalization № 8 (22-02-19) On Amendments to Section II of the Unified List of Products (Goods) Subject to State Sanitary and Epidemiological Supervision (Control) at the Customs Border and the Customs Territory of the Eurasian Economic Union № 9 (22-02-19) On introducing changes to Section II of the plan for the development of technical regulations of the Eurasian Economic Union and amending the technical regulations of the Customs Union № 10 (22-02-19) On introducing changes to position 31 of Section II of the plan for the development of technical regulations of the Eurasian Economic Union and amending the technical regulations of the Customs Union Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 90 Publication Date Title № 11 (22-02-19) About modification in the Uniform list of the goods which are subject to veterinary control (supervision) № 12 (22-02-19) On Amendments to the Unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union, as well as to some decisions of the Supreme Eurasian Economic Council and the Board of the Eurasian Economic Commission regarding polypropylene yarns for carpet production Board (Коллегии) of the Eurasian Economic Commission Решения 07-03-19 № 26 (05-03-19) On Amendments to the Decision of the Commission of the Customs Union of September 20, 2010 No. 375 and the Decision of the Board of the Eurasian Economic Commission No. 11 of December 11, 2018 15-03-19 № 27 (12-03-19) On the classification of tanks for semi-trailers in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union № 28 (12-03-19) On the classification of hydraulic oil in accordance with a single commodity nomenclature of foreign economic activity of the Eurasian Economic Union № 29 (12-03-19) On the fulfillment by the Kyrgyz Republic of obligations in the framework of the functioning of the internal market of the Eurasian Economic Union № 30 (12-03-19) On recognition of invalidation of some decisions of the Commission of the Customs Union 25-03-19 № 31 (19-03-19) On the fulfillment by the Russian Federation of obligations in the framework of the functioning of the internal market of the Eurasian Economic Union № 32 (19-03-19) On setting rates of import customs duties of the Unified Customs Tariff of the Eurasian Economic Union in respect of certain types of carbon and graphite products for aluminum electrolysis № 33 (19-03-19) On making changes to the structure and format of the goods declaration and transit declaration № 34 (19-03-19) On making changes to the structure and format of the adjustment of the goods declaration № 35 (19-03-19) On approval of the Methodology for the formation of official statistical information of the Eurasian Economic Union № 36 (19-03-19) On making changes to the structure and format of the customs value declaration № 37 (19-03-19) On technological documents regulating information interaction in the implementation by means of an integrated information system of the Eurasian Economic Union of the general process “Formation, maintenance and use of a common register of authorized economic operators” № 38 (19-03-19) On approval of the Rules for the implementation of common processes in the field of information support of the use of quarantine phytosanitary measures № 39 (19-03-19) On transitional provisions of the technical regulations of the Eurasian Economic Union “On the safety of combustible natural gas prepared for transportation and (or) use” (TP EAEU 046/2018) № 40 (19-03-19) On introducing changes to the Program for the development (amendment, revision) of intergovernmental standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Customs Union “On the safety of milk and dairy products” (ТР ТС 033/2013), as well as intergovernmental standards is ensured containing rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and execution of the requirements of the technical regulations of the Customs Union a “On the safety of milk and dairy products” (TR CU 033/2013) and the implementation of conformity assessment of objects of technical regulation № 41 (19-03-19) On introducing amendments to some decisions of the Board of the Eurasian Economic Commission Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 91 Publication Date Title 29-03-19 № 43 (26-03-19) On the application of anti-dumping measures through the introduction of anti-dumping duties on cast aluminum wheels originating from the People’s Republic of China and imported into the customs territory of the Eurasian Economic Union № 44 (26-03-19) On introducing amendments to some decisions of the Board of the Eurasian Economic Commission № 45 (26-03-19) On the classification of a portable device for reading books in electronic format in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union Board Распоряжение 15-03-19 № 40 (12-03-19) On introducing changes to the interdepartmental working group on the mutual recognition of electronic digital signature, made in accordance with the legislation of one state – member of the Eurasian Economic Union, another member state in order to implement section XXII of the Treaty on the Eurasian Economic Union of May 29, 2014 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 24 March 2019. The table lists the tariff codes, a description, rationale (GRIs) for the decision. BELARUS Preliminary decisions on tariff classification The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods (База данных товаров, в отношении которых принято предварительное решение о классификации). The database has been updated through March 2019. It may be searched by tariff code or description (in Russian). RUSSIAN FEDERATION Legislation (acts, resolutions, orders, etc.) The following Russian Federation (RF) Acts, Government Resolutions/Decrees (Постановление Правительства) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information (Официальный интернет-портал правовой информации) during the period of coverage of this Update: Date of Publication Subject 01-03-19 Order of the Federal Customs Service of 04.02.2019 No. 169 ”On Forms of Documents Provided by Article 158 of the Federal Law of August 3, 2018 No. 289-Ф3” On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation “ for the purpose of exporting goods placed under the free warehouse customs procedure and / or goods manufactured (received) from the goods placed under the free warehouse customs procedure from the free warehouse territory to the rest of the Eurasian customs territory Economic Union without the completion of the customs procedure of a free warehouse “ (Registered 02/28/2019 No. 53927) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 92 Date of Publication Subject 04-03-19 Order of the Federal Customs Service of 6.2.2019 number 197 ”On amendments to some legal acts of the FCS of Russia on the organization of the activity of customs bodies of the Russian Federation” (04.03.2019 Registered number 53945) 07-03-19 Order of the Federal Customs Service of January 17, 2019 No. 47 ”On approval of the procedure for the establishment and operation of temporary storage warehouses, including temporary storage of customs authorities” (Registered 07/03/2019 No. 53989) Order of the Federal Customs Service of 05.02.2019 No. 181 ”On approval of the forms of documents used when making a preliminary decision on the origin of goods, when revoking such a decision and terminating it, the procedures for filling them out, as well as the form of notification about the need for additional information” (Registered 03/07/2019 No. 53984) Order of the Federal Customs Service of 14/2/2019 number 258 ”On approval of forms of documents drawn up by the customs authorities during customs inspections, filling their orders and order amending the decision to conduct an exit customs inspection” (Registration number 53988 3/7/2019) 11-03-19 Order of the Federal Customs Service dated 08/02/2019 № 209 ”On the Annulment of the order of the FCS of Russia on December 30, 2010 № 2708” On Approval of the act of the customs authority about the discovery of the fact of non-payment or incomplete payment of customs duties and the procedure for its preparation “ (Registered 07.03 .2019 No. 53995) Order of the Federal Customs Service of 08.02.2019 No. 210 ”On recognizing invalid the order of the FCS of Russia of December 28, 2010 No. 2635” On approving the form of the decision to suspend operations on accounts (accounts) of the customs duty payer and taxes (organizations or individual entrepreneurs) in the bank and the decision to cancel the suspension of operations on the accounts (account) of the payer of customs duties and taxes (organizations or individual entrepreneurs) in the bank on paper and the procedure for sending these decisions by the customs authority to the bank “ (Registered 07.03.2019 No. 54002) Order of the Federal Customs Service of 08.02.2019 No. 211 ”On approval of the forms of decisions and orders of the customs authority used in the collection of customs payments, special, anti-dumping, countervailing duties, interest and penalties from the funds held in the payer’s accounts obligation) in banks and its electronic money “ (Registered 07.03.2019 No. 54003) Order of the Federal Customs Service dated 08/02/2019 № 215 ”On the Annulment of the order of the FCS of Russia on July 28, 2011 № 1542” (Registration number 53994 7.3.2019) . 13-03-19 Order of the Federal Customs Service of 6.2.2019 number 195 ”On Approval of the log of the declarations on the vehicle and the order of its filling” (Registration number 54015 3/12/2019) Order of the Federal Customs Service of 06.02.2019 No. 196 ”On approving the form of the prescription for conducting customs surveillance and the customs surveillance act, the procedure for filling them out, and also cases when the results of customs surveillance are issued by the customs surveillance act” (Registered on 12.03.2019 No. 54020) Order of the Federal Customs Service dated 02.02.2019 No. 212 “On approval of the Customs receipt form, Procedure for filling in the customs receipt, Procedure for sending to payers and (or) other persons who provided security for the performance of the obligation to pay customs duties, taxes, performance of the obligation to pay special, antidumping compensation duties, duties of a legal entity operating in the field of customs, duties of an authorized economic operator, persons who delivered the general security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, customs receipts through the personal account “ (Registered on 12.03.2019 No. 54016) 14-03-19 Order of the Federal Customs Service dated 07/02/2019 number 204 ”On approval of the extension of the customs examination, the Order of the declarant, notice or other person having authority over the goods, the extension of the Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 93 Date of Publication Subject customs examination, the Order of the suspension period for customs examination” (Registered 13.03 .2019 No. 54025) Order of the Federal Customs Service of 08.02.2019 No. 213 ”On Approval of the Form and the Procedure for Completing the Notification of Planned Supplies” (Registered on 13.03.2019 No. 54027). Order of the Federal Customs Service dated 02.02.2019 No. 214 ”On Approval of the Procedure for Extending the Term of Submitting a Declaration for Goods in respect of the Last Component of the Goods in Complete or Completed Form” (Registered on 03.03.2019 No. 54021) 15-03-19 Order of the Federal Customs Service of 07.02.2019 No. 205 ”On approval of forms and procedures for filling out paper documents used when making a preliminary decision on the classification of goods in accordance with the single Commodity Nomenclature of Foreign Economic Activities of the Eurasian Economic Union, upon revocation of such a decision and termination , as well as forms of notification about the need for additional information “ (Registered on 14.03.2019 No. 54042) 19-03-19 Order of the Federal Customs Service dated 12/19/2018 number 2067 ”On approval of the technology of customs operations in respect of aircraft used for international transport, and transported their goods across the customs border of the Eurasian economic union with a unified automated information system of customs authorities” (Registered 18.03 .2019 No. 54070) 20-03-19 Order of the Federal Customs Service dated 17/12/2018 № 2058 ”On the Annulment of the order of the FCS of Russia on December 30, 2010 № 2710” On Approval of the notification of a refundable cash balance of the proceeds from the sale of seized or confiscated goods “ (Registered 19.03 .2019 No. 54092) 22-03-19 Order of the Federal Customs Service of February 19, 2019 No. 289 ”On Approval of the Procedure for Excluding Legal Entities from the Register of Customs Carriers” (Registered on 03/21/2019 No. 54124) Order of the Federal Customs Service of 20.02.2019 No. 296 ”On Approving the Regulations for the Implementation of the Federal Customs Service Departmental Control over Compliance with the Federal Law” On Procurement of Goods, Work, Services by Certain Legal Entities “and other regulatory legal acts of the Russian Federation adopted in accordance with it “ (Registered on 03/21/2019 No. 54115) Order of the Federal Customs Service of 25.02.2019 No. 322 “On the approval of the order of destruction on the territory of a free warehouse or exportation from the territory of a free warehouse in order to destroy the worn out goods placed under the free warehouse customs procedure, which have lost their consumer properties and have become unsuitable for use in the quality for which they are intended, and (or) goods manufactured (received) from goods placed under the free warehouse customs procedure, which have lost their consumer properties and have become unsuitable for use This is the quality for which they are intended, as well as the packaging and packaging materials imported into the free warehouse, which have completely or partially lost their original purpose and consumer properties “ (Registered 21.03. Order of the Federal Customs Service dated 12/25/2018 number 2123 ”On the determination of the type of security check X-ray equipment, as well as the criteria for decision-making about the need and its quantity in the territory of free warehouse” (21.03.2019 Registered number 54107) 25-03-19 Order of the Federal Customs Service dated 1.28.2019 № 130 ”On Amendments to the Order of the Federal Customs Service of Russia on March 22, 2013 № 548” (Registered number 54136 3/22/2019) . 29-03-19 Order of the Federal Customs Service of 25.02.2019 No. 321 ”On approval of the application forms of the person who made the advance payments, on providing a report on the expenditure of funds made as advance payments, a report on the expenditure of funds made as advance payments, the procedure for filing a person who have made advance payments, applications for the submission of a report on the expenditure of funds made as advance payments, as well as the procedure for the submission of such a report by the customs authority “ (Registered on 03/28/2019 No. 54195) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 94 MIDDLE EAST AND NORTH AFRICA Qatar Diplomatic Crisis – Shipping Boycott Still Stands In late February, various reports from news outlets and other sources have suggested that some of the restrictions on the movements of goods between the United Arab Emirates (UAE) and Qatar imposed by the UAE, Saudi Arabia, Bahrain and Egypt (Boycotting States) in June 2017 as part of the boycott on Qatar have been partially lifted. This followed a revised Direction issued by the Abu Dhabi Ports earlier in February 2019 and an almost identical Circular issued by DP World suggesting that restrictions would only apply to prohibit Qatari owned or flagged vessels from calling at Abu Dhabi ports and DP World ports and to prohibit UAE owned or flagged vessels from calling at Qatari ports. This was interpreted by some commentators as a change in policy, effectively allowing cargo to be moved directly to or from Qatar on vessels owned or flagged by countries not participating in the boycott. However, in a statement issued on 21 February 2019, the UAE Federal Transport Authority (FTA) refuted the suggestion of a partial easing of the Qatar boycott and confirmed that there is no change in its policy regarding access to Qatar via UAE ports and border crossings. The FTA clarified that the news reports regarding exports and imports to and from Qatar are “inaccurate and misconstrued”. In addition, we understand from the UAE Federal Customs Authority that there has been no recent development in relation to the Qatar boycott. Similarly, the Qatar Ports Management Company (Mwani Qatar) has confirmed that there has been no change in policy from the Qatar perspective. In light of these statements and until further information becomes available or the situation is further clarified by the FTA or the customs authorities in the UAE, parties should continue to operate on the basis that there has been no relief or relaxation of the boycott whether on the part of the UAE or Qatar. What does this mean for you? On the movement of goods Given that the situation remains unchanged, we expect to see the UAE ports continue to: i. Prohibit any vessels hosting the Qatari flag or owned by Qatari companies or individuals from passing through their ports ii. Prohibit the unloading of any cargo of Qatari origin in any port or waters of the UAE; and iii. Prohibit vessels (regardless of their flags or ownership) to load any cargo of UAE origin, destined to Qatar. In practice, this prohibition extends to any goods loaded at a UAE port that are destined to Qatar, irrespective of their country of origin. Equally, we expect to see Qatar continuing its policy of prohibiting the import of goods with certificates of origin from any of the Boycotting States even if they pass through other countries (indirect shipments). Qatar’s General Authority of Customs will also continue to reject (or at least delay) any imports in circumstances where documentation submitted to clear the goods for import refer to or have any nexus with any of the Boycotting States. We Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 95 are also aware of cases where the import of goods was delayed (or ultimately was rejected) where the supply chain involved any parties domiciled in one of the Boycotting States or were owned by entities registered in one of the Boycotting States. On the supply of services We are not aware of any announcements, regulations, ministerial decrees or practice by the Qatari authorities suggesting that the provision of services to Qatar by any legal entity incorporated in, or any natural person resident in or a national of any of the Boycotting States is prohibited. That said, if any such services are linked to the delivery of goods to Qatar, then this could jeopardize the import of such goods if documentation referring to such services is required and presented for clearance by Qatar Customs. For example, transportation and freight services provided by UAE entities in relation to goods being exported to Qatar could result in those goods not being cleared at the port of entry if the names of the UAE entities appear in the shipping documents. What’s next? The dispute between the Boycotting States and Qatar is unlikely to be resolved anytime in the foreseeable future. As the situation continues to evolve, we will continue to monitor developments and provide updates from time to time. For a more comprehensive overview of the status of the Qatar boycott, please visit our dedicated website. You can also subscribe to our Middle East Insights blog to receive future updates. 1. Qatar Diplomatic Crisis – What it Means for Your Business 2. https://me-insights.bakermckenzie.com/ For additional information, please contact: Borys Y. Dackiw, Reggie Mezu, Laya Aoun-Hani, Tarek Saad, Kirsty Cattanach or Nick Roberts. AFRICA (OTHER THAN NORTH AFRICA) SOUTH AFRICA South Africa launches safeguard investigation on threaded fasteners of iron and steel On 4 March 2019, South Africa notified the WTO’s Committee on Safeguards that it initiated on 1 March 2019 a safeguard investigation on threaded fasteners of iron or steel. South African Customs and Excise Act Amendments of Rules and Tariff Schedules Date Publication Details Subject Implementation Date 22-03-19 GG.42324 R.448 Imposition of provisional payment in relation to the alleged dumping of clear float glass, classifiable in tariff subheadings 7005.29.17; 7005.29.23; 22-03-19 up to and Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 96 Date Publication Details Subject Implementation Date 7005.29.25 and 7005.29.35, originating in or imported from Saudi Arabia and the United Arab Emirates – ITAC Report 599  Notice R.448 including 22-09-19 29-03-19 GG.42338 R.500 Amendment to Part 1 of Schedule No. 1, by the insertion of new-8-digit tariff subheadings under tariff heading 84.71 and 95.04 to provide for computers with a screen size exceeding 45cm as well as gaming consoles with images produced on any external screen  Notice R.500 With effect from 01-04-19 GG.42338 R.501 Amendment to Part 1 of Schedule No. 1, to provide for separate tariff subheadings for sanitary pads, bread flour and cake flour to facilitate the zero-rating/VAT exemption as tabled by the Minister of Finance on 20 February 2019  Notice R.501 GG.42352 R.515 Amendment to Part 1 of Schedule No. 1, to provide for separate tariff subheadings for pantyliners to facilitate the zero-rating/VAT exemption as tabled by the Minister of Finance on 20 February 2019  Notice R.515 GG.42338 R.504 Amendment to Part 2B of Schedule No. 1, to give effect to the Budget proposals announced by the Minister of Finance on 20 February 2019 to apply ad valorem excise duty on –  computers with a screen size exceeding 45 cm; and  gaming consoles with images produced on any external screen or surface  Notice R.504 GG.42338 R.502 Amendment to Part 5A of Schedule No. 1, by an increase of 15c/li in the rate of the general fuel levy from 337c/li to 352c/li and 322c/li to 337c/li on petrol and diesel respectively to give effect to the Budget proposals announced by the Minister of Finance on 20 February 2019  Notice R.502 With effect from 03-04-19 GG.42338 R.503 Amendment to Part 5B of Schedule No. 1, by an increase of 5c/li in the RAF levy from 193c/li to 198c/li on both petrol and diesel to give effect to the Budget proposals announced by the Minister of Finance on 20 February 2019  Notice R.503 GG.42338 R.506 Amendment to Part 7A of Schedule No. 1, by an increase of 10c/g in the rate of the health promotion levy from 2.1c/g per 100ml to 2.21c/g per 100ml to give effect to the Budget proposals announced by the Minister of Finance on 20 February 2019  Notice R.506 With effect from 01-04-19 GG.42338 R.505 Amendment to Part 3 of Schedule No. 6, as a consequence to the increase in the fuel and RAF levy as announced by the Minister of Finance in his budget speech of 20 February 2019; the diesel refund provisions are adjusted accordingly  Notice R.505 With effect from 03-04-19 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 97 Date Publication Details Subject Implementation Date 29-03-19 GG.42356 R.516 DAR183 – Postponement of implementation date of IAA rules published on 21 December 2018  Notice R.516 01-09-19 Trade compliance enforcement actions – import, export, IPR, FCPA The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis]. [Agency abbreviations: US AGENCIES – APHIS= ANIMAL & PLANT HEALTH INSPECTION SERVICE; ATF=BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES; BIS= BUREAU OF INDUSTRY AND SECURITY, OFFICE OF EXPORT ENFORCEMENT (COMMERCE); CBP=US CUSTOMS AND BORDER PROTECTION; CPSC=CONSUMER PRODUCT SAFETY COMMISSION; DDTC= STATE DEP’T DIRECTORATE OF DEFENSE TRADE CONTROLS; DOJ=DEPARTMENT OF JUSTICE, INCLUDING US ATTORNEYS; DEA=DRUG ENFORCEMENT ADMINISTRATION; DOD=DEP’T OF DEFENSE COMPONENTS [NCIS, DCIS, CID, ETC.); FBI=FEDERAL BUREAU OF INVESTIGATION; FDA= US FOOD AND DRUG ADMINISTRATION; FRB= FEDERAL RESERVE BOARD OF GOVERNORS; FTC= FEDERAL TRADE COMMISSION; FWS= US FISH & WILDLIFE SERVICE; USFS= US FOREST SERVICE; GSA= GENERAL SERVICES ADMINISTRATION; ICE OR HSI=US IMMIGRATION AND CUSTOMS ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS; NOAA=NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; OFAC=OFFICE OF FOREIGN ASSETS CONTROL (TREASURY); SEC=SECURITIES AND EXCHANGE COMMISSION; TTB=ALCOHOL AND TOBACCO TAX AND TRADE BUREAU; USCG= US COAST GUARD; USPIS=POSTAL INSPECTION SERVICE; USDA= US DEPARTMENT OF AGRICULTURE; ; DSS= DIPLOMATIC SECURITY SERVICE. LOCAL AGENCIES – PD = POLICE DEPARTMENTS; NON-US AGENCIES – CBSA= CANADA BORDER SERVICES AGENCY; RCMP= ROYAL CANADIAN MOUNTED POLICE; SAT=MEXICAN CUSTOMS; HKCE= HONG KONG CUSTOMS & EXCISE; SFO = UK SERIOUS FRAUD OFFICE.] Date of Release Subject 03-07-19 7 people, including 3 Filipinos, charged with fraudulently selling jewelry imported from the Philippines as Native American-made (DOJ, ICE, FWS, Arizona, Texas and USFS) 03-08-19 Venezuelan Minister and Former Vice President Tareck Zaidan El Aissami Maddah charged with violations of the Foreign Narcotics Kingpin Designation Act (DOJ, ICE, OFAC, DEA, CBP) 03-18-18 Staten Island Attorney Pleads Guilty to Fraud and Extortion Scheme (DOJ, FBI, BIS) 03-19-19 U.S. v. Asgari, case number 18-3302, [6th Cir. U.S. Ct. Appeals] Iran sanctions and visa fraud (DOJ, FBI) U.S. v. Ho et al., case number 19-00038, [U.S. Court of International Trade] False customs documents (DOJ, CBP) 03-21-19 Australian National Sentenced to Prison Term For Exporting Electronics to Iran (DOJ, ICE, DCIS, BIS) New Jersey Man Pleads Guilty to Conspiring to Violate the Arms Export Control Act (DOJ, ICE, USPIS) 03-22-19 (F) China’s customs seize over 300,000 tonnes of smuggled waste (China Customs) (F) The General Administration of Customs launched the first round of concentrated action against the smuggling of foreign garbage “Blue Sky 2019” 03-26-19 Treasury/OFAC Disrupts Large Scale Front Company Network Transferring Funds to the IRGC and Iran’s Ministry of Defense (OFAC) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 98 Date of Release Subject 03-27-19 Stanley Black & Decker, Inc. Settles Potential Civil Liability for Apparent Violations of the Iranian Transactions and Sanctions Regulations Committed by its ChineseBased Subsidiary Jiangsu Guoqiang Tools Co. Ltd. [$1,869,144] (OFAC) 03-29-19 TTB Accepts $1.3m Offer In Compromise From Sun Liquor Mfg., Inc. (TTB) 2 Los Angeles-area corporate executives indicted in first-ever criminal prosecution for failure to report under consumer product safety act (DOJ, ICE, CPSC) Newsletters, Reports, Articles, Etc. Baker & McKenzie Global VAT/GST Newsletter Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are:  Jochen Meyer-Burrow, Partner, [email protected]  Martin Morawski, Associate, [email protected] Publications, Alerts, Newsletters The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you: Subject International Trade, Tax and Anti-corruption Global International Trade Compliance Update – March 2019 {older issues} North America Tax News and Developments – February 2019 Bangkok Tax Client Alert: ROH, IHQ, and ITC tax benefits are being terminated Mexico International Commercial Client Alert: Temporary importation of sensitive goods and the new requirement to secure compliance with export obligations (Eng.); Importación temporal de bienes sensibles y el nuevo requisito para garantizar su retorno (Span.) Other areas Australia Client Alert: Reminder to update details of foreign-owned water holdings Baker McKenzie FenXun Mergers and Acquisitions Client Alert: China issues a new consolidated law on foreign investment Baker McKenzie FenXun Financial Services Client Alert: SAFE Issues New Rules on Cross-border Cash Pooling Singapore Intellectual Property Client Alert: Singapore Copyright Review – Enhancing Creators’ Rights and Users’ Access to Copyrighted Works/ European Parliament approves EUSingapore Free Trade Agreement and EU-Singapore Investment Protection Agreement US: Aerospace & Defense Compliance Bullet (February 2019) US: LegalBytes – Global Technology, Media & Telecommunications Group March 2019 Thailand Trade Competition Client Alert: Competition Series #1: Criteria for “dominance” Vietnam Intellectual Property: Protecting IP rights in the DPRK (Article in Vietnam Investment Review) Vietnam: Update to New Draft Policy on Feed-in-Tariffs Post-30 June 2019 for Solar Power Projects in Vietnam Vietnam Real Estate Newsletter (February 2019) Vietnam Renewable Energy Client Alert: Vietnam issues new Circular No. 05 to provide a new model power purchase agreement for rooftop solar energy output for sale to EVN Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 99 Subject Vietnam Technology, Media & Telecommunications Client Alert: Release of a new Draft Decree amending and supplementing a number of articles of Decree No. 06/2016/ND-CP on the Management, Provision and use of radio and television services Asia Pacific Dispute Resolution Guide 2019 BM’s Global TMT Hub website: https://tmt.bakermckenzie.com/ Webinars, Meetings, Seminars, Etc. We are very pleased to announce our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What’s Up in International Trade? Keeping up to Speed on Evolving Challenges”. The series will include 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, we will also cover Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour. This year, we will expand our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) will be primarily aimed at participants who are new to Global Trade and/or those who would like a refresher. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm’s Global Customs Focus Group, and Jenny Revis, a partner in our London office and co-leader of the EMEA Customs practice, will moderate these webinars and be joined by experts from across our global network. All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time – please click on the following link:www.timeanddate.com. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation. Details Webinar Start Time: 08:00 AM (Pacific) – San Francisco 10:00 AM (Central) – Chicago 11:00 AM (Eastern) – DC 4:00 PM (GMT) – London 5:00 PM (CET) – Frankfurt 12:00 AM+ (CST) – Beijing 1:00 AM+ (JST) – Tokyo *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) T +1 415 576 3021 teresa.gleason @bakermckenzie.com Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com These webinars are all complimentary. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 100 Upcoming Webinar Dates and Topics: Date Topic January 29 Basic: How to Classify Your Products (Customs) Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta) February 26 Trade Wars vs. Free Trade Agreements (Brexit, TPP, NAFTA) Speakers: Stu Seidel (DC), Cindy Owens (Singapore), Jenny Revis (London), and Meera Rolaz (London) March 19 Basic: Export controls and sanctions Speakers: Ben Smith (London), Olof König (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam) April 30 Conducting investigations and making disclosures Speakers: Ross Denton (London), John McKenzie (San Francisco), Anahita Thoms (Dusseldorf), and Lise Test (DC) May 21 Basic: How to determine the origin of your products (Customs) Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (Barcelona), and John F. McKenzie (San Francisco) June 25 Overview of global ABC enforcement Speakers: Yindi Gesinde (London), Julian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shanghai). Moderator: Tristan Grimmer (London) July 30 Basic: How to value your products (Customs) Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto) August 27 Foreign investment review regimes around the world: Focus on US, EU, UK, Germany and Canada Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto) September 24 Basic: Overview of customs and imports developments: US, Brazil, China/Asia and Mexico Speakers: Eunkyung Kim Shin (Chicago), Alessandra Machado (Sao Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. We have applied to renew our accreditation for our webinar in December and our upcoming webinars in 2019. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. These webinars have been approved for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars. We hope you will participate in and enjoy this exciting webinar series! Interested in learning more? REGISTER NOW! Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 101 Paolo), Frank Pan (Shanghai), and Armando De Lille (Monterrey) October 29 Key updates on export controls and sanctions Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Moscow), and Anne Petterd (Singapore) November 19 Basic: Overview of customs and imports developments: EU, Middle East and Russia Speakers: Nicole Looks (Frankfurt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow) December 17 Managing Emerging Compliance Risks Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London) Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continuing Challenges in Global Trade” ended on December 8, 2018. In 2018, we again expanded our usual program to include our Customs Academy, which featured six “Customs 101” webinars ( highlighted in green below). The Customs 101 program is primarily aimed at participants who are new to Customs and/or those who would like a refresher and included introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm’s Global Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these webinars and were joined by experts from across our global network. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation. January 30 Human Rights, Forced Labor, and Ethical Supply Chains: Best Practices for Managing Growing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto) Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermckenzie.com January 30 February 27 Customs Basic: How to Classify Your Products Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 102 Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt) Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected] MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15- 12/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Pending – We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc. Interested in learning more? March 27 Hot Topics in US, European, and Asian Export Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco) April 24 Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto) May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Nicole Looks (Frankfurt) and Jenny Revis (London) June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cowley (Hong Kong) and Brian Cacic (Toronto) July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Stu Seidel (DC), Jenny Revis (London), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh) August 28 Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East) September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mexico), Nicole Looks (Frankfurt), and Stuart Seidel (DC) October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers:Armando de Lille-Calatayud (Monterrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires) November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong) December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 103 RECORDED SESSIONS FROM OUR 2018 ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video  Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Process  United States Export Control Developments  European Union Export Control Developments  Emerging Export Control Programs in the Asia/Pacific Region  Economic Sanctions Developments  Export Control and Economic Sanctions Enforcement Click here to view and/or download the materials. 15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video  The Trump Administration Trade Agenda (this panel did not include slides)  Trade Wars  Trade Agreements Developments  Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil  Update on Foreign Import Restrictions  Anti-Corruption Compliance and Trade Issues Click here to view and/or download the materials. Presentation Materials  Changes and Developments in Japan and Asia Pacific  Business Implications of Trade Conflict Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 104  Free Trade Agreement Developments  Trade Sanctions and Export Controls  E Commerce Challenges and Opportunities WTO TBT Notifications Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of “notifications” to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison. Country Notification Date Issued Final Date for Comments Merchandise Covered Argentina ARG/193/Add.7 02/18/2019 Not given Motor vehicles Argentina ARG/208/Add.3 02/21/2019 Not given Cells and batteries Argentina ARG/246/Add.1 02/21/2019 Not given Incandescent lamps Argentina ARG/68/Add.4 03/01/2019 Not given Motor vehicles Argentina ARG/193/Add.8 03/01/2019 Not given Motor vehicles Argentina ARG/290/Add.4 03/18/2019 Not given Food products Argentina ARG/342/Add.4 03/18/2019 Not given Furniture in general; Other furniture and parts thereof (HS 9403) Argentina ARG/357 03/20/2019 Not given Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 22.04) Argentina ARG/358 03/22/2019 Not given Cosmetic and personal hygiene products and perfumes; essential oils and resinoids; perfumery, cosmetic or toilet preparations (HS 33) Bahrain, Kingdom of BHR/562 03/05/2019 05/04/2019 Beverages (Energy drinks) Bolivia BOL/14 03/07/2019 05/04/2019 Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Heading 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading 6217.10.00, only belts); (7) Heading 63.01 to subheading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 105 Country Notification Date Issued Final Date for Comments Merchandise Covered 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499) Bolivia BOL/3/Add.6 03/13/2019 Not given Processes in the food industry Brazil BRA/855/Add.1 03/18/2019 Not given Medical devices Brazil BRA/833/Add.1 03/22/2019 Not given In vitro diagnosis products Brazil BRA/862 03/22/2019 06/06/2019 380893 products for amateur gardening (glyphosate products) Canada CAN/579 03/14/2019 05/23/2019 Off-Road Engines and Machinery (HS Chapters 84, 85 and 87) Canada CAN/580 03/21/2019 05/24/2019 Radiocommunications Canada CAN/536/Add.1 03/22/2019 Not given Drugs and Medical Devices Chile CHL/377/Add.3 03/18/2019 Not given Light and medium-sized vehicles. Motorcycles. Chile CHL/466 03/13/2019 05/12/2019 Units for measuring electricity consumption; smart metres; systems for communicating, handling and managing information related to smart measurement in distribution networks or in the networks of enterprises with facilities for distributing electrical energy that use national public property Chile CHL/388/Add.1 03/20/2019 Not given Fluorescent self-ballasted lamps (compact fluorescent lamps) for general lighting services Chile CHL/391/Add.1 03/25/2019 Not given Self-ballasted LED lamps for general lighting services Chile CHL/467 03/22/2019 05/21/2019 Motorcycles China CHN/1312 03/11/2019 05/10/2019 Wooden toothpick (HS:4421991090); Other articles of wood (HS 4421) China CHN/1313 03/11/2019 05/10/2019 Medical devices (HS: 9001-9033) China CHN/1314 03/13/2019 05/12/2019 Tri-wheel vehicles and their diesel engines; Compression-ignition internal combustion piston engines (diesel or semi-diesel engines) (HS 8408); Transport exhaust emissions China CHN/1315 03/13/2019 05/12/2019 Non-road mobile machinery and their diesel engines, and the machinery installed on the chassis of vehicles intended for the transport of passengers or goods on roads; Compression-ignition internal combustion piston engines (diesel or semi-diesel engines) (HS 8408, 8414, 8427, 8429, 8430, 8432, 8433 & 8502) China CHN/1316 03/18/2019 05/17/2019 Medicinal materials (HS 05,06,09,12,13,30) Colombia COL/121/Add.7 03/05/2019 Not given Alcohol, alcoholic beverages Colombia COL/26/Add.2 02/28/2019 Not given Refrigerators Colombia COL/78/Add.2 02/28/2019 Not given Articles for the packing of goods, of plastics; packing cases and boxes of wood; boxes, pouches and wallets of paper or paperboard; sacks and bags of jute, cotton, polythene, fique and cabuya (pita fibre or sisal hemp) Colombia COL/106/Add.3 02/28/2019 Not given Glass and glass-ceramic utensils in contact with foodstuffs, ceramic cooking utensils in contact with Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 106 Country Notification Date Issued Final Date for Comments Merchandise Covered foodstuffs and ceramic, porcelain and china household and institutional tableware and kitchenware (HS 6911, 6912, 7013) Colombia COL/172/Add.4 02/28/2019 Not given Ceramic tiles (HS 6907.10, 6907.90, 6908.10, 6908.90) Colombia COL/174/Add.2 02/28/2019 Not given Safety devices for swimming pools (HS 3925.90, 8301.40.90, 8531.10, 9032.20, 8536.50.19 and 3926.90.90) Colombia COL/237 03/07/2019 05/04/2019 Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Heading 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading 6217.10.00, only belts); (7) Heading 63.01 to subheading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499) Cuba CUB/20 03/15/2019 05/14/2019 Telecommunications/ICT equipment 8443.31.00, 8443.32.00, 8443.39.00, 8471.30.00, 8471.41.00, 8471.49.00, 8471.50.00, 8471.60.00, 8471.70.00, 8471.80.00, 8471.90.00, 8473.30.00, 8473.50.00, 8504.40.00, 8517.11.00, 8517.12.00, 8517.18.00, 8517.61.00, 8517.62.00, 8517.69.00, 8517.70.00, 8518.10.00, 8518.30.00, 8525.50.00, 8525.60.00, 8525.80.00, 8526.10.00, 8526.91.00, 8526.91.10, 8526.91.90, 8526.92.00, 8527.19.00, 8527.29.00, 8528.42.00, 8528.52.00, 8528.62.00, 8528.72.00, 8529.10.00, 8529.90.00, 8531.80.00 Czech Republic CZE/208/Add.1 02/27/2019 Not given Measuring devices for determining the load per axle or wheel of rolling stock Czech Republic CZE/209/Add.1 02/27/2019 Not given Measuring devices for determining the load per axle of road vehicles Czech Republic CZE/210/Add.1 02/27/2019 Not given Fixed storage tanks used as instruments for measuring volume Czech Republic CZE/214/Add.1 02/27/2019 Not given Pure-tone audiometers; Measuring instruments Czech Republic CZE/215/Add.1 02/27/2019 Not given Tendon assemblies for prestressed concrete and rock anchors; Measuring instruments Czech Republic CZE/216/Add.1 02/27/2019 Not given Measuring instruments and systems for measuring the flow of liquids other than water – stationary measuring systems except for dispensers; Measurement of fluid flow Czech Republic CZE/217/Add.1 02/27/2019 Not given Grain testers; Measuring instruments Czech Republic CZE/213/Add.1 02/27/2019 Not given Hygrometers for cereals and oilseeds; Measuring instruments Czech Republic CZE/219/Add.1 03/05/2019 Not given Liquid transport tanks; Measuring instruments Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 107 Country Notification Date Issued Final Date for Comments Merchandise Covered Czech Republic CZE/220/Add.1 03/05/2019 Not given Personal sound exposure meters; Acoustics and acoustic measurements Czech Republic CZE/221/Add.1 03/05/2019 Not given Measuring instruments used to monitor activity limits and concentration of effluents from nuclear facilities, nuclear raw material mining or processing facilities, radioactive waste processing plants and from the processing or application of radioactive materials, and also used to determine environmental radiation exposure due to effluents – modules for discontinuous measurement of activity or concentration by sampling that require specific test procedures; Radiation measurements Czech Republic CZE/222/Add.1 03/05/2019 Not given Spectrometric assemblies for analysing alpha, beta, gamma, and neutron sources or fields – alpha and gamma radiation spectrometers; Radiation measurements Czech Republic CZE/223/Add.1 03/05/2019 Not given Non-spectrometric activity meters and dosimeters used to monitor compliance with limits in the area of radiation protection or nuclear safety and for emergency measurement – electronic personal dosimeters for measuring gamma radiation and X-rays; Radiation measurements Czech Republic CZE/224/Add.1 03/05/2019 Not given Non-spectrometric activity meters and dosimeters used to monitor compliance with limits in the area of radiation protection or nuclear safety and for emergency measurement – portable surface contamination meters; Radiation measurements Czech Republic CZE/225/Add.1 03/05/2019 Not given Installed meters, warning assemblies, and dosimetric quantity monitors for gamma radiation and Xrays with energies from 50 keV to 1.5 MeV; Radiation measurements Czech Republic CZE/226/Add.1 03/05/2019 Not given Non-spectrometric activity meters and dosimeters used to monitor compliance with limits in the area of radiation protection or nuclear safety and for emergency measurement – portable dosimetric gamma radiation and X-ray meters used for purposes of radiation protection; Radiation measurements Ecuador ECU/343 03/07/2019 05/04/2019 Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Heading 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading 6217.10.00, only belts); (7) Heading 63.01 to subheading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499) Ecuador ECU/3/Rev.1/Ad d.3/Cor 03/21/2019 Not given Household refrigerating appliances (HS 8418) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 108 Country Notification Date Issued Final Date for Comments Merchandise Covered Ecuador ECU/34/Rev.1/A dd.2/Corr.1 03/21/2019 Not given Domestic refrigeration appliances (HS 8418) European Union EU/644 02/26/2019 04/27/2019 Desmedipham (pesticide active substance) European Union EU/645 03/01/2019 04/30/2019 Thiophanate-methyl (pesticide active substance) European Union EU/646 03/18/2019 05/17/2019 Tolclofos-methyl (pesticide active substance) European Union EU/647 03/20/2019 05/19/2019 Dimethoate (pesticide active substance) European Union EU/648 03/21/2019 05/20/2019 Cosmetics European Union EU/649 03/28/2019 05/27/2019 Substances European Union EU/650 03/28/2019 05/27/2019 Cosmetics Gambia, The GMB/3 03/19/2019 04/30/2019 Wheat or meslin flour Gambia, The GMB/4 03/19/2019 04/30/2019 Fortified edible oils and fats intended for human consumption Gambia, The GMB/5 03/19/2019 04/30/2019 25.01 – Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti-caking or free-flowing agents; sea water Ghana GHA/10 03/11/2019 05/10/2019 Cooking ranges, working tables, ovens and similar appliances Hungary HUN/34 03/25/2019 06/17/2019 Building products, fire extinguishing technology products, electrical equipment, flammable or explosive devices, machinery, equipment, combustible liquids, gases and melts India IND/90 03/25/2019 05/24/2019 Goods and articles – Essential Requirement(s) 1. Stampings/laminations/cores of Transformers (with or without winding) – Made from BIS standard marked Grain Oriented Electrical Steel Sheet and Strip conforming to IS 3024:2015 or Cold rolled non-oriented electrical steel sheet and strip conforming to IS 648:2006; 2. Stainless Steel Pipes and Tubes – Stainless steel Pipes and Tubes shall be made from the stainless steel products, specified in the corresponding Indian Standard specified in column (2) of the Table 1, bearing Standard Mark. Provided that the Stainless Steel Pipes and Tubes referred to in this sub-paragraph shall be accompanied with the test certificate of the stainless steel products specified in the corresponding Indian Standard given in the column (2) of the Table 1. India IND/89 03/25/2019 05/24/2019 Claims made on edible vegetable oils Indonesia IDN/121 03/05/2019 05/04/2019 1. Miniature Circuit Breaker (MCB) (HS code: ex 8536.20.91 and ex 8536.20.99); 2. Residual Current Circuit Breaker (RCCB) (HS code: ex 8536.20.91 and ex 8536.20.99); 3. Switches (HS code: ex 8536.50.61; ex 8536.50.69 and ex 8536.50.99); 4. Plugs and socket outlets (HS code: ex 8536.69.92 and ex 8536.69.99); Israel ISR/1034 03/11/2019 03/20/2019 Motor vehicles; (HS: 87) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 109 Country Notification Date Issued Final Date for Comments Merchandise Covered Israel ISR/1035 03/25/2019 05/24/2019 Drain opener for domestic use; (HS: 2807, 2815, 3402, 3824) Japan JPN/620 2/26/2019 Not given Substances with probable effects on the central nervous system Japan JPN/621 03/01/2019 04/30/2019 Wireless LAN (WLAN) SYSTEM (2.4/5.2/5.3/5.6GHz band) Japan JPN/622 03/18/2019 05/17/2019 Pharmaceutical Products (HS 30) Japan JPN/623 03/21/2019 05/20/2019 Agricultural Chemicals (Pesticides) (HS 3808) Japan JPN/624 03/21/2019 05/20/2019 Deleterious substance Kenya KEN/824 02/26/2019 04/15/2019 Bodies and body components (Road vehicles) Kenya KEN/825 02/26/2019 04/14/2019 Home textiles, Linen (Curtains and drapery) Kenya KEN/826 02/26/2019 04/14/2019 Products of the textile industry (Fishing gill nets) Kenya KEN/827 02/26/2019 04/14/2019 Sacks. Bags (Woven polyolefin sacks (bags) for cement) Kenya KEN/828 03/04/2019 04/16/2019 Materials and articles in contact with foodstuffs (Plastic hermetic grain silo) Kenya KEN/829 03/04/2019 04/16/2019 Sacks. Bags (Hermetic storage bags) Kenya KEN/830 03/04/2019 04/21/2019 Fruits and derived products (Fruit drinks) Kenya KEN/831 03/04/2019 04/21/2019 Fruits and derived products (Jams, jellies and marmalades) Kenya KEN/832 03/04/2019 04/21/2019 Fruits and derived products (Dried mango) Kenya KEN/833 03/04/2019 04/21/2019 Spices and condiments (Pickles) Kenya KEN/834 03/04/2019 04/21/2019 Fruits and derived products (Fruits, Juices and Nectars) Kenya KEN/835 03/05/2019 04/26/2019 Sugar and sugar products (Icing sugar) Kenya KEN/836 03/05/2019 04/27/2019 Farming and forestry in general (Bamboo) Kenya KEN/837 03/05/2019 04/30/2019 Gaseous fuels (Gas cylinders) Kenya KEN/838 03/05/2019 04/30/2019 Gaseous fuels Kenya KEN/839 03/05/2019 04/30/2019 Gaseous fuels Kenya KEN/840 03/05/2019 04/30/2019 Gaseous fuels Kenya KEN/841 03/05/2019 04/30/2019 Gaseous fuels Kenya KEN/842 03/05/2019 04/30/2019 Gaseous fuels Kenya KEN/843 03/05/2019 04/30/2019 Cooking ranges, working tables, ovens and similar appliances (Biomass stoves) Kenya KEN/844 03/14/2019 04/15/2019 Meat and meat products (Packaged Meat Products) Kenya KEN/845 03/14/2019 04/15/2019 Meat and meat products (Meat sausages) Kenya KEN/846 03/14/2019 04/15/2019 Poultry and eggs (Dressed poultry) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 110 Country Notification Date Issued Final Date for Comments Merchandise Covered Kenya KEN/847 03/14/2019 04/15/2019 Meat and meat products (Meat Grades and Meat Cuts) Kenya KEN/848 03/14/2019 04/15/2019 Meat and meat products (Canned corned beef) Kenya KEN/849 03/14/2019 05/13/2019 Coffee and coffee substitutes (Green coffee beans) Kenya KEN/850 03/14/2019 05/13/2019 Coffee and coffee substitutes (Roasted coffee beans and roasted ground coffee) Kenya KEN/851 03/14/2019 05/13/2019 Coffee and coffee substitutes (Instant (soluble) coffee) Korea, Republic of KOR/815 03/11/2019 05/10/2019 Electrical Vehicles’ Chargers and Components Korea, Republic of KOR/813 03/05/2019 05/04/2019 Consumer products Korea, Republic of KOR/814 03/05/2019 05/04/2019 Outdoor exercise equipment Korea, Republic of KOR/816 03/18/2019 05/17/2019 Quasi-drugs Korea, Republic of KOR/817 03/19/2019 05/18/2019 Beverage alcohol products Korea, Republic of KOR/818 03/21/2019 05/20/2019 Appliances Korea, Republic of KOR/819 03/25/2019 05/24/2019 Cosmetics Kuwait KWT/511 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61558-2-7:2019 Safety of power transformers, power supplies, reactors and similar products – Part 2-7: Particular requirements and tests for transformers and power supplies for toys Kuwait KWT/512 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61540:2019 Electrical accessories – Portable residual current devices without integral overcurrent protection for household and similar use (PRCDs) Kuwait KWT/513 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61347- 1:2019 Lamp controlgear – Part 1: General and safety requirements Kuwait KWT/514 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61029-2-10:2019 Safety of transportable motor-operated electric tools – Part 2-10: Particular requirements for cutting-off grinders Kuwait KWT/515 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61029-2-6:2019 Safety of transportable motor-operated electric tools – Part 2: Particular requirements for diamond drills with water supply Kuwait KWT/516 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60227- 1:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V – Part 1: General requirements Kuwait KWT/517 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60227-6:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V – Part 6: Lift cables and cables for flexible connections Kuwait KWT/518 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60974-11:2019 Arc welding equipment – Part 11: Electrode holders Kuwait KWT/519 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60317-0- 6:2019 Specifications for particular types of winding Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 111 Country Notification Date Issued Final Date for Comments Merchandise Covered wires – Part 0-6: General requirements – Glass-fibre wound resin or varnish impregnated, bare or enamelled round copper wire Kuwait KWT/520 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61008-2-1:2019 Residual current operated circuitbreakers without integral overcurrent protection for household and similar uses (RCCB’s). Part 2-1: Applicability of the general rules to RCCB’s functionally independent of line voltage Kuwait KWT/521 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61008-2-2:2019 Residual current operated circuitbreakers without integral overcurrent protection for household and similar uses (RCCB’s). Part 2-2: Applicability of the general rules to RCCB’s functionally dependent on line voltage Kuwait KWT/522 03/11/2019 05/10/2019 All products fall under scope of KWS IEC 60034- 22:2019 Rotating electrical machines – Part 22: AC generators for reciprocating internal combustion (RIC) engine driven generating sets Kuwait KWT/523 03/11/2019 05/10/2019 All products fall under scope of KWS GSO IEC 60227-3:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V – Part 3: Non-sheathed cables for fixed wiring Kuwait KWT/484 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61008- 1:2019 Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCBs) – Part 1: General rules Kuwait KWT/485 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61029-2-2:2019 Safety of transportable motor-operated electric tools – Part 2: Particular requirements for radial arm saws Kuwait KWT/486 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60669-2-4:2019 Switches for household and similar fixed electrical installations – Part 2-4: Particular requirements – Isolating switches Kuwait KWT/487 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60799:2019 Electrical accessories – Cord sets and interconnection cord sets Kuwait KWT/488 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60947- 2:2019 Low-voltage switchgear and controlgear – Part 2: Circuit-breakers Kuwait KWT/489 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61058-2-4:2019 Switches for appliances – Part 2-4: Particular requirements for independently mounted switches Kuwait KWT/490 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61058-2-5:2019 Switches for appliances – Part 2-5: Particular requirements for change-over selectors Kuwait KWT/491 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60227-7:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V – Part 7: Flexible cables screened and unscreened with two or more conductors Kuwait KWT/492 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60227-5:2019 Polyvinyl chloride insulated cables of Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 112 Country Notification Date Issued Final Date for Comments Merchandise Covered rated voltages up to and including 450/750 V – Part 5: Flexible cables (cords) Kuwait KWT/493 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60227-4:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V – Part 4: Sheathed cables for fixed wiring Kuwait KWT/494 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61558-2-5:2019 Safety of transformers, reactors, power supply units and combinations thereof – Part 2-5: Particular requirements and test for transformer for shavers, power supply units for shavers and shaver supply units Kuwait KWT/495 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61549:2019 Miscellaneous lamps Kuwait KWT/496 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61347-2-13:2019 Lamp controlgear – Part 2-13: Particular requirements for d.c. ora.c. supplied electronic controlgear for LED modules Kuwait KWT/497 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61347-2-7:2019 Lamp controlgear – Part 2-7: Particular requirements for battery supplied electronic controlgear for emergency lighting (self-contained) Kuwait KWT/498 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61242:2019 Electrical accessories – Cable reels for household and similar purposes Kuwait KWT/499 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61184:2019 Bayonet lampholders Kuwait KWT/500 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61029-2-5:2019 Safety of transportable motor-operated electric tools – Part 2: Particular requirements for band saws Kuwait KWT/501 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61029-2-4:2019 Safety of transportable motor-operated electric tools – Part 2: Particular requirements for bench grinders Kuwait KWT/502 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61029-2-3:2019 Safety of transportable motor-operated electric tools – Part 2: Particular requirements for planers and thicknessers Kuwait KWT/503 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60317- 2:2019 Specifications for particular types of winding wires – Part 2: Solderable polyurethane enamelled round copper wire, class 130, with a bonding layer Kuwait KWT/504 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60317- 3:2019 Specifications for particular types of winding wires – Part 3: Polyester enamelled round copper wire, class 155 Kuwait KWT/505 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60245-8:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 8: Cords for applications requiring high flexibility Kuwait KWT/506 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60245-7:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 7: Heat Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 113 Country Notification Date Issued Final Date for Comments Merchandise Covered resistant ethylene-vinyl acetate rubber insulated cables Kuwait KWT/507 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60245-6:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 6: Arc welding electrode cables Kuwait KWT/508 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60245-5:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 5: Lift cables Kuwait KWT/509 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60245-3:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 3: Heat resistant silicone insulated cables Kuwait KWT/510 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 62020:2019 Electrical accessories – Residual current monitors for household and similar uses (RCMs) Kuwait KWT/478 03/04/2019 05/03/2019 All products fall under scope of KWS GSO IEC 60245-4:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 4: Cords and flexible cables Kuwait KWT/479 03/04/2019 05/03/2019 All products fall under scope of KWS IEC 60317- 4:2019 Specifications for particular types of winding wires – Part 4: Solderable polyurethane enamelled round copper wire, class 130 Kuwait KWT/480 03/05/2019 05/04/2019 All products fall under scope of KWS IEC 60317- 1:2019 Specifications for particular types of winding wires – Part 1: Polyvinyl acetal enamelled round copper wire, class 105 Kuwait KWT/481 03/05/2019 05/04/2019 All products fall under scope of KWS GSO IEC 60669-2-3:2019 Switches for household and similar fixed electrical installations – Part 2-3: Particular requirements – Time-delay switches (TDS) Kuwait KWT/482 03/05/2019 05/04/2019 All products fall under scope of KWS IEC 60947- 3:2019 Low-voltage switchgear and controlgear – Part 3: Switches, disconnectors, switch-disconnectors and fuse-combination units Kuwait KWT/472 03/04/2019 05/03/2019 All products fall under scope of KWS 1895:2019 “Solid Concrete Blocks” Kuwait KWT/473 03/04/2019 05/03/2019 All products fall under scope of KWS IEC 60245- 1:2019 Rubber insulated cables – Rated voltages up to and including 450/750 V – Part 1: General requirements Kuwait KWT/474 03/04/2019 05/03/2019 All products fall under scope of KWS 1894:2019 “Polypropylene Pipes for Cold and Hot Water use and its methods of test” Kuwait KWT/475 03/04/2019 05/03/2019 All products fall under scope of KWS GSO IEC 60598-2-22:2019 Luminaires – Part 2-22: Particular requirements – Luminaires for emergency lighting Kuwait KWT/476 03/04/2019 05/03/2019 All products fall under scope of KWS GSO IEC 60669-2-1:2019 Switches for household and similar fixed electrical installations -Part 2-1: Particular requirements – Electronic switches Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 114 Country Notification Date Issued Final Date for Comments Merchandise Covered Kuwait KWT/477 03/04/2019 05/03/2019 All products fall under scope of KWS GSO IEC 60669-2-2:2019 Switches for household and similar fixed electrical installations – Part 2-2: Particular requirements – Electromagnetic remote-control switches (RCS) Kuwait KWT/483 03/05/2019 05/04/2019 Beverages (Energy drinks) Mexico MEX/449 02/22/2019 04/16/2019 Facilities handling open-source radioactive material Mexico MEX/398/Add.1 02/25/2019 Not given Telecommunications terminal equipment Mexico MEX/397/Add.1 03/08/2019 Not given Pets Mexico MEX/450 03/07/2019 04/22/2019 Information and communication technology products Mexico MEX/386/Add.1 03/15/2019 Not given Processed meat products and meat processing establishments Mexico MEX/398/Add.2 03/15/2019 Not given Telecommunications terminal equipment Mexico MEX/451 03/15/2019 05/10/2019 “Ámbar de Chiapas”, HS subheading 130190 New Zealand NZL/85 03/20/2019 05/10/2019 All countries: New and used motorcycles imported into New Zealand that are to be registered for use on public roads.; Motorcycles and mopeds New Zealand NZL/86 03/21/2019 05/20/2019 Air conditioning machines, comprising a motordriven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated (HS 8415) Oman OMN/395 03/05/2019 05/04/2019 Beverages (Energy drinks) Panama PAN/102 3/20/2019 5/17/2019 Fresh potatoes (Solanum sp.) Peru PER/111 02/22/2019 04/23/2019 Organic agricultural products; Sections I to IV of the Harmonized System, excluding Chapters 3 and 16. Live animals (HS 01), Meat and edible meat offal (HS 02), Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included (HS 04), Products of animal origin, not elsewhere specified or included (HS 05), Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage (HS 06), Edible vegetables and certain roots and tubers (HS 07), Edible fruit and nuts; peel of citrus fruit or melons (HS 08), Coffee, tea, maté and spices (HS 09) Peru PER/112 03/05/2019 Not given Other (HS 121190); Other (HS 130190); Other (HS 130219); Tetrahydrocannabinols (all isomers) (HS 293295); Other (HS 300490) (Cannabis and its derivatives) Peru PER/113 03/07/2019 05/04/2019 Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Heading 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 115 Country Notification Date Issued Final Date for Comments Merchandise Covered 6217.10.00, only belts); (7) Heading 63.01 to subheading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499) Qatar QAT/560 03/05/2019 05/04/2019 Beverages (Energy drinks) Rwanda RWA/217 03/01/2019 04/30/2019 Sugar and sugar products (Toffee) Rwanda RWA/218 03/01/2019 04/30/2019 Sugar and sugar products (Chewing gum) Rwanda RWA/219 03/04/2019 05/03/2019 Footwear (Men’s shoes) Rwanda RWA/220 03/12/2019 05/11/2019 Footwear (Ladies shoes) Rwanda RWA/221 03/12/2019 05/11/2019 Footwear (Ladies shoes) Rwanda RWA/222 03/12/2019 05/11/2019 Footwear (Children’s shoes) Rwanda RWA/223 03/12/2019 05/11/2019 Other standards related to water quality (Rainwater harvesting systems) Rwanda RWA/224 03/12/2019 05/11/2019 Road construction materials Rwanda RWA/225 03/12/2019 05/11/2019 Fishing and fish breeding (Fishing gill nets) Rwanda RWA/226 03/12/2019 05/11/2019 Textile fabrics (Disposable adult diapers) Rwanda RWA/227 03/12/2019 05/11/2019 Textile fabrics (Disposable baby diapers) Rwanda RWA/228 03/12/2019 05/11/2019 Textile fabrics (Sanitary towels) Rwanda RWA/229 03/13/2019 05/12/2019 Textile fabrics Rwanda RWA/230 03/13/2019 05/12/2019 Sacks. Bags Rwanda RWA/231 03/13/2019 05/12/2019 Footwear Rwanda RWA/232 03/13/2019 05/12/2019 Footwear Rwanda RWA/233 03/13/2019 05/12/2019 Water of natural resources Saudi Arabia SAU/1103 03/05/2019 05/04/2019 Radio receivers Saudi Arabia SAU/1104 03/05/2019 05/04/2019 Beverages (Energy drinks) Saudi Arabia SAU/1105 03/05/2019 05/04/2019 Food products in general Saudi Arabia SAU/1103/Corr. 1 03/18/2019 Not given Radio receivers Singapore SGP/49 03/01/2019 04/30/2019 All tobacco products covered by and not limited to HS codes starting with 2401, 2402 and 2403 Slovenia SVN/108 03/21/2019 05/20/2019 Cereals, pulses and derived products Slovenia SVN/109 03/21/2019 05/20/2019 Salts Slovenia SVN/110 03/21/2019 05/20/2019 Mead and sparkling mead South Africa ZAF/235 03/11/2019 05/10/2019 Canned/hermitically sealed meat products (either commercially sterile or pasteurised/semi-preserves); Sausages and similar products, of meat, Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 116 Country Notification Date Issued Final Date for Comments Merchandise Covered meat offal or blood; food preparations based on these products (HS 1601); Other prepared or preserved meat, meat offal or blood (HS 1602) South Africa ZAF/223/Add.1 03/18/2019 Not given All waste classifiable under various HS number South Africa ZAF/236 03/18/2019 05/17/2019 AGRICULTURE (Stock Remedies) South Africa ZAF/214/Add.1 03/28/2019 Not given Metrology and Measurement Spain ESP/40 02/25/2019 04/26/2019 HS codes 28, 29 (excluding 29.35, 29.36, 29.37, 29.39 and 29.40), 30.0610, 30.06.20.00 and 38.22 (Animal health products) Spain ESP/38/Add.1 03/19/2019 Not given Wood packaging material (HS 44) Taiwan Economy TPKM/363 02/26/2019 04/27/2019 Agro-pesticides Taiwan Economy TPKM/364 03/01/2019 04/30/2019 Organic Agricultural Products Taiwan Economy TPKM/365 03/01/2019 04/30/2019 Organic agricultural products Taiwan Economy TPKM/366 03/01/2019 04/30/2019 Organic agricultural products Taiwan Economy TPKM/367 03/01/2019 04/30/2019 Cosmetics Taiwan Economy TPKM/368 03/01/2019 04/30/2019 Suitcases Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverage bags, toilet bags, rucksacks, handbags, shopping bags, wallets, purses, map-cases, cigarettecases, tobacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202) Taiwan Economy TPKM/342/Add. 1 03/18/2019 Not given Bicycles for young children; Bicycles and other cycles (including delivery tricycles), not motorized. (HS 8712) Taiwan Economy TPKM/334/Add. 2 03/19/2019 Not given Laser pointers; Lasers, other than laser diodes (HS 901320) Taiwan Economy TPKM/369 03/21/2019 05/20/2019 Cosmetics Taiwan Economy TPKM/370 03/25/2019 05/24/2019 Organic agricultural products Taiwan Economy TPKM/371 03/25/2019 05/24/2019 Organic agricultural products Taiwan Economy TPKM/372 03/26/2019 05/25/2019 Medical Devices Taiwan Economy TPKM/339/Add. 1 03/25/2019 Not given Pharmaceutical products (HS 30) Tanzania TZA/242 03/06/2019 05/05/2019 Products of the textile industry (Curtain and drapery fabrics) Tanzania TZA/243 03/06/2019 05/05/2019 Products of the textile industry (Upholstery fabric) Tanzania TZA/244 03/06/2019 05/05/2019 Products of the textile industry (Woven handkerchief) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 117 Country Notification Date Issued Final Date for Comments Merchandise Covered Tanzania TZA/245 03/18/2019 05/17/2019 Coffee and coffee substitutes Tanzania TZA/246 03/18/2019 05/17/2019 Coffee and coffee substitutes (Green coffee beans) Tanzania TZA/247 03/18/2019 05/17/2019 Coffee and coffee substitutes (Instant (soluble) coffee) Tanzania TZA/248 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Edible Palm Kernel Oil) Tanzania TZA/249 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Edible cottonseed oil) Tanzania TZA/250 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Edible coconut oil) Tanzania TZA/251 03/18/2019 05/17/2019 Oilseeds (Edible sesame seed oil) Tanzania TZA/252 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Aqueous coconut milk and coconut cream products) Tanzania TZA/253 03/18/2019 05/17/2019 Edible oils and fats. Oilseeds (Edible olive oil) Tanzania TZA/254 03/26/2019 05/25/2019 Food additives (Aspartame) Tanzania TZA/255 03/27/2019 05/26/2019 Food additives Tanzania TZA/256 03/27/2019 05/26/2019 Food additives Tanzania TZA/257 03/27/2019 05/26/2019 Prepackaged and prepared foods Tanzania TZA/258 03/27/2019 05/26/2019 Food additives Tanzania TZA/259 03/27/2019 05/26/2019 Food additives Tanzania TZA/260 03/28/2019 05/27/2019 Alcoholic beverages (Still table wine) Tanzania TZA/261 03/28/2019 05/27/2019 Alcoholic beverages (Beer) Thailand THA/215/Rev.2/ Add.1 03/20/2019 Not given Snack foods Thailand THA/513/Add.2 03/20/2019 Not given Foods Thailand THA/535 03/19/2019 05/18/2019 Food in General Thailand THA/536 03/21/2019 05/20/2019 Motors Thailand THA/537 03/26/2019 05/25/2019 Ventilators. Fans. Air-conditioners Turkey TUR/147 03/07/2019 Not given Tobacco products and manufactured tobacco substitutes (HS 24) Uganda UGA/1029 03/07/2019 05/06/2019 Underpants and briefs: (HS 61071); Briefs and panties: (HS 61082) (Disposable adult diapers) Uganda UGA/1030 03/07/2019 05/06/2019 Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles (HS 481840); Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles, of wadding (HS 560110) (Disposable baby diapers) Uganda UGA/1031 03/07/2019 05/06/2019 Curtains (including drapes) and interior blinds; curtain or bed valances (HS 6303) Uganda UGA/1032 03/07/2019 05/06/2019 Made up fishing nets (HS 560811) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 118 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/1033 03/07/2019 05/06/2019 Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles (HS 481840); Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles, of wadding (HS 560110) Uganda UGA/1034 03/07/2019 05/06/2019 Other woven fabrics of synthetic staple fibres (HS 5515) (Woven polyolefin sacks) Uganda UGA/1035 03/07/2019 05/06/2019 Canned corned beef; Boneless (HS 020130) Uganda UGA/1036 03/07/2019 05/06/2019 Beef grades and cuts; Meat of bovine animals, frozen (HS 0202) Uganda UGA/1037 03/07/2019 05/06/2019 Dressed poultry; Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen (HS 0207) Uganda UGA/1038 03/07/2019 05/06/2019 Meat sausages; Sausages and similar products, of meat, meat offal or blood; food preparations based on these products (HS 1601) Uganda UGA/1039 03/07/2019 05/06/2019 Packaged meat products; Meat and edible meat offal (HS 02) Uganda UGA/1040 03/25/2019 05/24/2019 Beef; Meat and edible meat offal (HS 02) Uganda UGA/1041 3/25/2019 5/24/2019 Minced beef; Boneless (HS 020130) Uganda UGA/1042 3/25/2019 5/24/2019 Roasted coffee beans, roasted ground coffee; Coffee, roasted (HS 09012) Uganda UGA/1043 3/25/2019 5/24/2019 Instant (soluble) coffee; – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee (HS 21011) Ukraine UKR/150 03/07/2019 05/06/2019 Electrical and electronic equipment Ukraine UKR/125/Add.1 03/14/2019 Not given Glandless standalone circulators and glandless circulators integrated in products. Ukraine UKR/136/Add.1 03/14/2019 Not given External power supplies Ukraine UKR/122/Add.1 03/20/2019 Not given Electric motors Ukraine UKR/124/Add.1 03/20/2019 Not given Power transformers with a minimum power rating of 1 kVA used in 50 Hz electricity transmission and distribution networks or for industrial applications Ukraine UKR/126/Add.1 03/20/2019 Not given Rotodynamic water pumps for pumping clean water, including those which are integrated in other products Ukraine UKR/127/Add.1 03/20/2019 Not given Fans driven by motors with an electric input power between 125 W and 500 kW. Ukraine UKR/137/Add.1 03/20/2019 Not given Household refrigerating appliances Ukraine UKR/138/Add.1 03/20/2019 Not given Simple set-top boxes Ukraine UKR/139/Add.1 03/20/2019 Not given Vacuum cleaners United Arab Emirates ARE/459 03/11/2019 05/10/2019 Commercial and central air conditioners United Arab Emirates ARE/460 03/11/2019 05/10/2019 Household air conditioners United Arab Emirates ARE/458 03/05/2019 05/04/2019 Beverages (Energy drinks) United Arab Emirates ARE/410/Add.1 03/25/2019 Not given Sharks and shark fins Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 119 Country Notification Date Issued Final Date for Comments Merchandise Covered United States USA/787/Add.4/ Corr.1 03/04/2019 Not given Conventional cooking products United States USA/874/Add.11 03/04/2019 Not given General service lamps (HS 8512.90) United States USA/970/Add.2/ Corr.2 03/04/2019 Not given Portable air conditioners United States USA/1173/Add.1 03/04/2019 Not given Hazard materials. Transport (ICS: 03.220), Protection against dangerous goods (ICS: 13.300) United States USA/1441 03/04/2019 04/15/2019 Appliances, consumer products, commercial/industrial equipment United States USA/1442 03/04/2019 03/15/2019 Electric powered vehicles United States USA/1443 03/04/2019 05/28/2019 Sunscreen drug products United States USA/1369/Add.1 03/07/2019 Not given Surface coating emissions United States USA/1444 03/07/2019 04/01/2019 Potatoes United States USA/1445 03/07/2019 04/16/2019 Organics United States USA/1333/Add.1 03/05/2019 Not given Greenhouse gas emissions United States USA/861/Add.6/ Corr.1 03/18/2019 Not given Ceiling fans United States USA/1353/Add.2 03/18/2019 Not given Bump-stock-type devices (HS 9303) United States USA/1446 03/18/2019 04/22/2019 Leather and imitation leather products; Footwear, gaiters and the like; parts of such articles (HS 64); Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverage bags, toilet bags, rucksacks, handbags, shopping bags, wallets, purses, map-cases, cigarette-cases, tobacco-pouches, tool bags, sports bags, bottlecases, jewellery boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202); Articles of apparel and clothing accessories, of leather or of composition leather (HS 4203); Articles of leather or of composition leather, of a kind used in machinery or mechanical appliances or for other technical uses (HS 4204); Other articles of leather or of composition leather (HS 4205) United States USA/1447 03/18/2019 05/06/2019 Lithium batteries (HS 850650) United States USA/1448 03/18/2019 04/15/2019 Appliance labeling United States USA/1371/Add.1 03/20/2019 Not given Coffee (HS 0901) United States USA/1429/Add.1 03/22/2019 Not given Wine, distilled spirits, and malt beverages; Beer made from malt (HS 2203), Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 2204), Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances (HS 2205), Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 120 Country Notification Date Issued Final Date for Comments Merchandise Covered beverages and non-alcoholic beverages, not elsewhere specified or included (HS 2206), Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength (HS 2207), Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages (HS 2208) United States USA/1449 03/22/2019 05/03/2019 Chemical substances United States USA/1450 03/22/2019 04/29/2019 Fuel; Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (HS 2710) Uruguay URY/25/Add.1 03/07/2019 Not given Ready-to-eat foods, packaged in the absence of the customer, available in the national territory Uruguay URY/27 03/14/2019 04/13/2019 All wine products Uruguay URY/27/Rev.1 03/25/2019 Not given All wine products Viet Nam VNM/92/Add.1 03/26/2019 Not given List of potential unsafe products and goods Viet Nam VNM/138 3/25/2019 5/24/2019 Electromagnetic compatibility (EMC) Viet Nam VNM/139 3/25/2019 5/24/2019 Potentially unsafe product and goods Yemen YEM/163 03/05/2019 05/04/2019 Beverages (Energy drinks) CBSA Advance Rulings No advance rulings were posted by the Canada Border Services Agency (CBSA) during the period covered by this International Trade Compliance Update. 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 200,000 such rulings are in the database. CBP Rulings: Revocations or Modifications The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise. Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 121 Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) Revocations/Modifications (A) 03-13-19 Tariff classification of electronic flashing buttons. NY N020891 R 8543.70.9650 HQ H281923 7117.90.7500 [GRI 1, 3(a); Chap 71 notes; ENs] (E) 05-13-19 Tariff classification of diamond wire NY 876359 R 8202.99.00 HQ H277235 6804.21.0080 [GRI 1, 6; ENs 68.04, 82.02] Tariff classification of raffia handbags NY N261630 NY N261223 R 4602.19.2620 HQ H284742 4602.19.2500 [GRI 1] Tariff classification of twistable colored pencils NY R00817 R 9609.10.00 HQ H293295 9608.40.40 [GRI 1, 6; EN 96.08] Tariff classification of MetaSmart Dry HQ H262551 R 2930.90.91 HQ H284810 2309.90.95 [GRI 1, 6; chap. 23 n 1; EN 23.09, 29] Tariff classification of a clothes steamer NY N258858 R 8516.10.00 HQ H300545 8516.79.00 [GRI 1, 6; AUSR 1(a); EN 85.16] European Classification Regulations No Classification Regulations were published in the Official Journal during the period covered by this International Trade Compliance Update. Amendments to the CN Explanatory Notes The table below shows amendments to the explanatory notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Update. Official Journal Page or CN code Description of Articles 29-03-19 [2019/C 119/01] Entire CN 2019 Explanatory Notes to the Combined Nomenclature (148.6 MB). It replaces those published in the Official Journal of the European Union, C series, up to 4 January 2019. CNENs published in the Official Journal, C series, subsequent to that date remain in force and will be incorporated in the CNENs when revised. Section 337 Actions In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C. §1337) provides in rem relief from unfair practices in import trade, including unfair methods of competition in the importation of articles, importation and sale in the United States of articles which infringe US patents, registered trademarks, copyrights or mask works. Listed below are 337 actions published during the past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337. Inv. № Commodity Action 337–TA–1057 Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts Institution of an Advisory Opinion Proceeding 337–TA–1057 [ENFORCEMENT PROCEEDING] Notice of Institution of Formal Enforcement Proceeding Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 122 Inv. № Commodity Action 337–TA–1058 Certain Magnetic Tape Cartridges and Components Thereof Notice of a Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation 337–TA–1059 Certain Digital Cameras, Software, and Components Thereof Notice of Commission Determination to Grant a Joint Motion to Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation 337–TA–1076 Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (II) Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; and Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, Public Interest, and Bonding 337–TA–1099 Certain Graphics Processors and Products Containing the Same Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on Settlement; Termination of the Investigation 337–TA–1088 Certain Road Construction Machines and Components Thereof Notice of Request for Statements on the Public Interest 337–TA–1134 Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof Notice of the Commission’s Determination To Review an Initial Determination Amending the Complaint and Notice of Investigation; Affirmance of the Initial Determination With Modified Reasoning 337–TA–1134 Notice of the Commission’s Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation in Its Entirety 337–TA–1139 Certain Electronic Nicotine Delivery Systems and Components Thereof Notice Of Commission Decision Not To Review An Initial Determination Granting Complainant’s Motion To Amend The Complaint And Notice Of Investigation 337–TA–1140 Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Components Thereof Notice of Commission Determination Not To Review an Initial Determination Granting a Motion To Amend the Complaint and Notice of Investigation 337–TA–1144 Certain Dental and Orthodontic Scanners and Software Institution of an investigation based on a complaint filed on behalf of Align Technology, Inc. alleging patent infringement 337–TA–1146 Certain Taurine (2- Aminoethanesulfonic Acid), Methods of Production and Processes for Making the Same, and Products Containing the Same Institution of Investigation; Correction to notice 84 Fed. Reg. 8110 337–TA–1147 Certain Blood Separation and Cell Preparation Devices Institution of an investigation based on a complaint and amended complaint filed on behalf of RegenLab USA LLC alleging patent infringement 337–TA–1148 Certain Integrated Circuits and Products Containing the Same Institution of an investigation based on a complaint filed on behalf of Tela Innovations, Inc. alleging patent infringement In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of §337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints: Ref. № Commodity Complaint filed on behalf of: DN 3369 Certain Photovoltaic Cells and Products Containing Same Hanwha Q CELLS USA Inc. and Hanwha Q CELLS & Advanced Materials Corporation DN 3370 Certain Vehicle Security and Remote Convenience Systems and Components Thereof DEI Holdings, Inc. and Directed Electronics Canada Inc. DN 3371 Certain Bone Cements, Components Thereof, and Products Containing the Same Haraeus Medical LLC and Heraeus Medical GmbH DN 3373 Certain Child Carriers and Components Thereof LILLEbaby, LLC DN 3374 Certain Food Processing Equipment 3–A Sanitary Standards, Inc Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 123 Ref. № Commodity Complaint filed on behalf of: DN 3375 Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts and Accoutrements Style Pantry LLC Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.) Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value. WTO Safeguard Notifications Notification № Member Merchandise Action G/SG/N/6/ZAF/7 (04-03-19) South Africa Threaded fasteners of iron or steel Initiation of a safeguard investigation on 01-03-19 G/SG/N/6/PHL/13 (13-03-19). Philippines Clear and tinted float glass Initiation of a safeguard investigation on 19-02-19 G/SG/N/6/RUS/6 (01-03-19) Russia Microwave ovens imported into the customs territory of the Eurasian Economic Union Initiation of a safeguard investigation on 01-03-19 G/SG/N/6/RUS/7 (04-03-19) Russia Welded tubes of stainless steel imported into the customs territory of the Eurasian Economic Union Initiation of a safeguard investigation on 04-03-19 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action C–570–076 Certain Plastic Decorative Ribbon From China Corrected Final Affirmative CVD Determination A–570–908 Sodium Hexametaphosphate From China Continuation of ADD Order A–122–864 A–201–850 A–570–102 Certain Fabricated Structural Steel From Canada, Mexico, and China Initiation of LTFV Investigations C–122–865 C–201–851 C–570–103 Certain Fabricated Structural Steel From Canada, Mexico, and China Initiation of CVD Investigations A–570–879 Polyvinyl Alcohol From China Initiation and Preliminary Results of ADD Changed Circumstances Review A–485–805 Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 4.5 Inches) From Romania Partial Rescission of ADD Administrative Review; 2017–2018 A–433–812 Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria Notice of Court Decision Not in Harmony With Final Determination in LTFV Investigation and Notice of Amended Final Determination and Order Pursuant to Court Decision A–570–088 Steel Racks and Parts Thereof From China Preliminary Determination of Sales at LTFV Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 124 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–201–820 Fresh Tomatoes From Mexico Intent To Terminate Suspension Agreement, Rescind the Sunset and Administrative Reviews, and Resume the ADD Investigation A–570–912 Certain New Pneumatic Off-the-Road Tires From China Final Results of ADD Administrative Review; 2016– 2017 C–570–078 Large Diameter Welded Pipe From China CVD Order A–570–077 Large Diameter Welded Pipe From China ADD Order C–533–882 Large Diameter Welded Pipe From India CVD Order A–533–881 Large Diameter Welded Pipe From India ADD Order A–552–802 Certain Frozen Warmwater Shrimp From Vietnam Notice of Court Decision Not in Harmony With Final Results of Administrative Review A–570–010 Certain Crystalline Silicon Photovoltaic Products From China Preliminary Results of ADD Administrative Review; 2017–2018 C–549–836 Rubber Bands from Thailand Final Negative CVD Determination A–549–835 Rubber Bands from Thailand Final Determination of Sales at LTFV A–433–813 A–427–830 Strontium Chromate From Austria and France Postponement of Preliminary Determinations in the LTFV Investigations A–533–838 Carbazole Violet Pigment 23 From India Final Results of ADD Administrative Review; 2016– 2017 A–552–801 Certain Frozen Fish Fillets From Vietnam 2017– 2018; Rescission of the ADD Administrative Review in Part A–201–842 A–580–868 C–580–869 Large Residential Washers From S. Korea and Mexico Final Results of Changed Circumstances Reviews of the ADD Orders and the CVD Order (S. Korea) A–201–830 Carbon and Certain Alloy Steel Wire Rod From Mexico Final Affirmative Determination of Circumvention of the ADD Order A–570–832 Pure Magnesium From China Preliminary Results of ADD Administrative Review; 2017–2018 A–533–824 Polyethylene Terephthalate Film, Sheet, and Strip From India Final Results of ADD Administrative Review; 2016–2017 A–583–848 Certain Stilbenic Optical Brightening Agents from Taiwan Preliminary Results of ADD Administrative Review; 2017-2018 A–560–828 Certain Uncoated Paper from Indonesia Final Results of ADD Administrative Review; 2017-2018 C–570–968 Aluminum Extrusions From China Preliminary Results of CVD Administrative Review and Intent To Rescind, in Part; 2017 A–570–943 Oil Country Tubular Goods From China Preliminary Results of ADD Administrative Review; 2017– 2018 A–580–891 Carbon and Alloy Steel Wire Rod From the Republic of Korea Initiation and Expedited Preliminary Results of ADD Changed Circumstances Review A–427–818 Low-Enriched Uranium From France Final Results of Sunset Review and Revocation of ADD Order A–570–970 Multilayered Wood Flooring From China Initiation of ADD New Shipper Review; 2017–2018 A–557–816 Certain Steel Nails From Malaysia Final Results of ADD Administrative Review; 2016–2017 A–423–814 A–580–899 A–517–805 A–559–808 A–791–824 A–469–819 Acetone From Belgium, S. Korea, Saudi Arabia, Singapore, South Africa, and Spain Initiation of LTFV Investigations A–570–095 Aluminum Wire Cable From China Postponement of Preliminary Determination of ADD Investigation C–533–888 C–570–105 Carbon and Alloy Steel Threaded Rod From India and China Initiation of CVD Investigations Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 125 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–428–846 A–201–849 A–570–093 Refillable Stainless Steel Kegs From Germany, Mexico and China Postponement of Preliminary Determinations in the LTFV Investigations A–570–104 A–533–887 A–583–865 A–549–840 Carbon and Alloy Steel Threaded Rod From India, Taiwan, Thailand, and China Initiation of LTFV Investigations A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China Continuation of ADD Order C–570–980 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China Continuation of CVD Order A–580–878 Certain Corrosion-Resistant Steel Products From S. Korea Final Results of ADD Administrative Review; 2016-2017 A–570–075 C–570–076 Certain Plastic Decorative Ribbon From China Amended Final Affirmative ADD Determination and ADD Order; and CVD Order C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India Final Results of CVD Administrative Review; 2016 A–583–844 Narrow Woven Ribbons With Woven Selvedge From Taiwan Final Results of ADD Administrative Review and Final Determination of No Shipments; 2016-2017 A–533–840 Certain Frozen Warmwater Shrimp From India: Rescission of ADD Administrative Review; 2017-2018 A–469–805 Stainless Steel Bar From Spain Final Results of ADD Administrative Review; 2017–2018 C–570–911 Circular Welded Carbon Quality Steel Pipe From China Final Results of the Expedited Second Sunset Review of the CVD Order C–570–953 Narrow Woven Ribbons With Woven Selvedge From China Final Results of CVD Administrative Review; 2016 C–533–864 Certain Corrosion-Resistant Steel Products From India Final Results of CVD Administrative Review; 2015-2016 A–583–853 Certain Crystalline Silicon Photovoltaic Products From Taiwan Initiation of ADD Changed Circumstances Review C–489–817 Oil Country Tubular Goods From Turkey Final Results of CVD Administrative Review; 2016 A–583–854 Certain Steel Nails From Taiwan Final Results of ADD Administrative Review and Partial Rescission of Administrative Review; 2016-2017 C–580–879 Certain Corrosion-Resistant Steel Products From S. Korea Final Results and Partial Rescission of CVD Administrative Review; 2015-2016 C–570–083 Certain Steel Wheels From China Final Affirmative CVD Determination A–570–082 Certain Steel Wheels From China Final Determination of Sales at LTFV United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1140–1142 Uncovered Innerspring Units From China, South Africa, and Vietnam [SECOND REVIEW] Institution of Five-Year Reviews 701–TA–486 731– TA–1195-1196 Utility Scale Wind Towers From China and Vietnam [REVIEW] Cancellation of Hearing for Full Five-Year Reviews 701–TA–481 731–TA–1190 Crystalline Silicon Photovoltaic Cells and Modules from China [REVIEW] Determination that revocation of the AD and CVD orders would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time 731–TA–929-931 Silicomanganese From India, Kazakhstan, and Venezuela [THIRD REVIEW] Scheduling of Expedited Five-Year Reviews Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 126 United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 701–TA–607 731–TA–1417, 1419 Steel Propane Cylinders From China and Thailand [Final] Notice of the scheduling of the final phase of AD and CVD investigation to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded by imports preliminarily determined by Commerce to be subsidized and sold at LTFV 701–TA–620 731– TA–1445 Wooden Cabinets and Vanities From China [PRELIMINARY] Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 701–TA–595-596 731–TA–1401, 1403, 1405–1406 Large Diameter Welded Pipe From Canada, Greece, Korea, and Turkey [FINAL] Scheduling of the Final Phase of AD and CVD Investigations 701–TA–592 731– TA–1400 Plastic Decorative Ribbon From China [FINAL] Determinations that an industry in the United States is materially injured by reason of imports of subject goods that have been found by Commerce to be sold in the United States at LTFV, and to be subsidized by the government of China 701–TA–615-617 731–TA–1432-1434 Fabricated Structural Steel From Canada, China, and Mexico [PRELIMINARY] Determinations that that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of subject goods that are alleged to be sold in the United States at LTFV and to be subsidized by the governments of Canada, China, and Mexico 701–TA–608 731–TA–1420 Steel Racks From China [FINAL] Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations 701-TA-600 Rubber Bands from Thailand [FINAL] TERMINATION OF INVESTIGATION. 731-TA-1410 Rubber Bands from Thailand [FINAL] Supplemental Schedule for the Subject Investigation Canadian International Trade Tribunal (CITT) Ref. Number Merchandise/Country Action RR-2018-008 Dumping and subsidizing: Aluminum Extrusions originating in or exported from China Notice of Expiry Review of Order [with Schedule] Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country Action AE 2019 ER Certain Aluminum Extrusions originating in or exported from China Notice of Initiation of Expiry Review Investigation SM 2018 ER Dumping and Subsidizing: Certain Silicon Metal originating in or exported from China. Notice of Expiry Review Decision: CBSA has determined that the expiry of the finding is likely to result in the continuation or resumption of dumping of such goods; and is likely to result in the continuation or resumption of subsidizing of such goods Statement of Reasons NIT 2018 IN Certain Nitisinone Capsules from Sweden Notice of Final Determination. The CITT is continuing its inquiry into the question of injury to the domestic industry and will make an order or finding by April 18, 2019. OCTG1 SC 2019 UP 01 Certain Oil Country Tubular Goods (OCTG) and certain seamless casing from China Notice of Conclusion of Normal Value and Export Price Review of an exporter Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 127 Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country Action TC 2018 ER Dumping and Subsidizing: Certain Thermoelectric Containers originating in or exported from China Notice of Expiry Review Decision: CBSA has determined that the expiry of the order: is likely to result in the continuation or resumption of dumping of such goods originating in or exported from China; and is likely to result in the continuation or resumption of subsidizing of such goods originating in or exported from China. CITT will now conduct injury inquiry NAFTA Panels Case Number Merchandise/Country Action None Mexico – Ministry of Economy Ref. № Merchandise/Country Action EC 01/18 Cut bond paper originating in the Federative Republic of Brazil, regardless of the country of export Final Resolution -review of the validity of the ADD; The term is extended for an additional five years European Union Reference Merchandise/Country Action 2019/C 104/06 Certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in, or exported from, China Notice of the impending expiry of certain AD measures (definitive ADD) 12-12-19. (EU) 2019/464 Ceramic tableware and kitchenware originating in China Commission Implementing Regulation initiating an investigation concerning possible circumvention of AD measures and making such imports subject to registration 2019/C 111/12 Certain polyethylene terephthalate originating in India Notice of initiation of a partial interim review of the CV measures 2019/C 111/13 Steel road wheels originating in China Notice amending the notice of initiation of an anti-dumping proceeding (EU) 2019/244 Biodiesel originating in Argentina Corrigendum to Commission Implementing Regulation (EU) 2019/244 o imposing a definitive CVD Australian Anti-Dumping Commission Notice № Merchandise/Country/Case # Action 2019/17 Alloy Round Steel Bar from China #384 Findings in relation to a dumping investigation 2019/19 Clear Float Glass from Thailand #479 Findings in Relation to an Anti-Circumvention Inquiry 2019/28 Steel Reinforcing Bar from Turkey #495 Extension of time to issue the Statement of Essential Facts and Final Report 2019/32 Various Monthly Status Report – February 2019 2019/33 Wind Towers from China, Korea #487 Findings of the continuation inquiry into anti-dumping measures 2019/34 Alloy Round Bar from China #384 Longer Period of Decision for the Minister of Industry, Science and Technology 2019/35 Power Transformers from China #507 Initiation of an Investigation into alleged dumping Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 128 Australian Anti-Dumping Commission Notice № Merchandise/Country/Case # Action 2019/36 A4 Copy Paper from Austria #463 Termination of part of the Investigation 2019/39 Tomato Products, Prepared or Preserved from Italy #508 Initiation of a Revocation Review 2019/40 Wire Rope from South Africa #483 Extension of time to issue Final Rep 2019/41 Resealable Can End Closures from Malaysia, Philippines, Singapore #496 Extension of time granted to issue the Statement of Essential Facts and Final Report China Ministry of Commerce (MOFCOM) Ref. № Merchandise/Country Action MOFCOM № 8 Various Announcement of Anti-dumping and Countervailing Measures expiring in the Second Half of 2019 MOFCOM № 9 Stainless steel billets and stainless steel hot-rolled sheets/rolls originating in the European Union, Japan, South Korea and Indonesia Preliminary ruling on the AD investigation MOFCOM № 10 Resorcinol originating in Japan and the United States Final Review of the AD Measures MOFCOM № 11 Nonylphenols originating in India and Taiwan Final Review of the AD Measures Government of India Ministry of Finance (Department of Revenue) Notification № Merchandise/Country Action 13/2019-Cus (ADD) 14-03-19 Saturated Fatty Alcohols originating in or exported from subject countries by M/s PT.Energi Sejahtera Mas (Producer), Indonesia through M/s Sinarmas Cespa Pte Ltd (Exporter/ Trader) Singapore and imported into India Prescribes provisional assessment till completion of New Shipper Review 14/2019-Cus (ADD) 25-03-19 Acetone originating in or exported from European Union, Singapore, South Africa and United States of America Definitive ADD imposed for a period of five years 15/2019-Cus (ADD) 29-03-19 Ethylene Vinyl Acetate (EVA) Sheet for Solar Module, originating in or exported from China PR, Malaysia, Saudi Arabia and Thailand Definitive ADD imposed for a period of five years Government of India Ministry of Commerce and Industry (Department of Commerce) File № and Date Merchandise/Country Action INITIATIONS 06/03/2019-DGTR 28-03-19 Chlorinated Polyvinyl Chloride -Whether or not further processed into compound originating in or exported from Korea RP and China PR Initiates AD investigation ORAL HEARINGS Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 129 Government of India Ministry of Commerce and Industry (Department of Commerce) File № and Date Merchandise/Country Action 6/17/2018-DGAD 20-03-19 Continuous Cast Copper Wire Rods originating in or exported from Indonesia, Malaysia, Thailand and Vietnam Schedules oral hearing on 29 March, 2019 in AS investigation FINAL FINDINGS 7/26/2018-DGAD 05-03-19 Acetone originating in or exported from European Union, Singapore, South Africa and United States of America Final Findings issued in Sunset Review Investigation 7/4/2018- DGAD 14-03-19 Soda Ash originating in or exported from Turkey and Russia. Final Findings issued in Sunset Review Investigation 7/3/2018-DGAD 19-03-19 Jute Sacking Bags imported from Bangladesh Final Findings issued in Anti-Circumvention Investigation 6/8/2018-DGAD 25-03-19 New Pneumatic Tyres for Buses and Lorries imported from China PR Final Findings issued in Anti-subsidy Investigation 7/31/2018-DGTR 29-03-19 Aluminium Alloy Road Wheels originating in or exported from China PR, Korea RP and Thailand Final Findings issued in Sunset review Investigation 6/13/2018-DGAD 29-03-19 Saccharin originating in or exported from Indonesia Final Findings issued in AD Investigation OTHERS 6/22/2018-DGAD 06-03-2019 Welded Stainless Steel Pipes and Tubes originating in or exported from China PR and Vietnam Invites comments on Product Control Number (PCN) wise analysis for calculation of subsidy margin and injury margin for specified products 6/22/2018-DGAD 14-03-2019 Directs interested parties to provide Product Control Number (PCN wise information for specified products by 26 March, 2019 Argentina Ministry of Production and Labor – Secretary of Foreign Trade Ref. Number Merchandise/Country Action Resolution 21/2019 RESOL-2019-21- APN-SCE # MPYT Unsaturated polyester resins without alkyds, originating in Brazil Continue investigation without the application of provisional ADD Resolution 18/2019 RESOL-2019-18- APN-SCE # MPYT Electric glass insulators classified Verification investigation of Colombian origin rather than Spanish or Chinese Resolution 17/2019 RESOL-2019-17- APN-SCE # MPYT Certain aluminum sheets, without support, simply laminated…originating in China Opening of dumping investigation Resolution 16/2019 RESOL-2019-16- APN-SCE # MPYT Crossheads declared as originating in Brazil but in packaging indicating possible Chinese origin Proceed to the closing of the procedure of Verification of Preferential Origin Resolution 147/2019 RESOL-2019-147- APN-MPYT Hand-held pliers, made of common metal, originating in China, India, Brazil and Spain Proceed to close the investigation except with respect to China and India Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action SECEX Cir. № 15 Nylon yarn originating specifically from Thailand Error in Circular SECEX No. 65 of 2018. It declares null and void the initiation of the end-of-period review of the ADD imposed on Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 130 Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action imports specifically from Thailand, with its effects unchanged for other origins in the pursuant to SECEX Circular No. 65 of 2018 SECEX Cir. № 14 Fresh or chilled garlic originating in China It extends the deadline for the conclusion of the end-of-period review of the ADD. It makes public the deadlines referred to in arts. 59 to 63 of Decree No. 8,058, of 2013 Opportunity to Request Administrative Review In a March 5, 2019 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 March anniversary dates: AD/CVD Proceedings – Country/ Merchandise Case No. Period Antidumping Duty Proceedings Australia: Uncoated Paper A–602–807 3/1/18–2/28/19 Brazil: Uncoated Paper A–351–842 3/1/18–2/28/19 Canada: Iron Construction Castings A–122–503 3/1/18–2/28/19 France: Brass Sheet & Strip A–427–602 3/1/18–2/28/19 Germany: Brass Sheet & Strip A–428–602 3/1/18–2/28/19 India: Off-The-Road Tires A–533–869 3/1/18–2/28/19 Sulfanilic Acid A–533–806 3/1/18–2/28/19 Indonesia: Uncoated Paper A–560–828 3/1/18–2/28/19 Italy: Brass Sheet & Strip A–475–601 3/1/18–2/28/19 Portugal: Uncoated Paper A–471–807 3/1/18–2/28/19 Russia: Silicon Metal A–821–817 3/1/18–2/28/19 South Africa: Carbon and Alloy Steel Wire Rod A–791–823 10/31/17–2/28/19 Taiwan: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube A–583–803 3/1/18–2/28/19 Thailand: Circular Welded Carbon Steel Pipes and Tubes A–549–502 3/1/18–2/28/19 The PR of China: Ammonium Sulfate A–570–049 3/1/18–2/28/19 Amorphous Silica Fabric A–570–038 3/1/18–2/28/19 Biaxial Integral Geogrid Products A–570–036 3/1/18–2/28/19 Carbon and Alloy Steel Cut-To-Length Plate A–570–047 3/1/18–2/28/19 Chloropicrin A–570–002 3/1/18–2/28/19 Circular Welded Austenitic Stainless Pressure Pipe A–570–930 3/1/18–2/28/19 Glycine A–570–836 3/1/18–2/28/19 Sodium Hexametaphosphate A–570–908 3/1/18–2/28/19 Tissue Paper Products A–570–894 3/1/18–2/28/19 Uncoated Paper A–570–022 3/1/18–2/28/19 Ukraine: Carbon and Alloy Steel Wire Rod A–823–816 10/31/17–2/28/19 Countervailing Duty Proceedings India: Fine Denier Polyester Staple Fiber C–533–876 11/6/17–12/31/18 Off-The-Road Tires C–533–870 1/1/18–12/31/18 Sulfanilic Acid C–533–807 1/1/18–12/31/18 Indonesia: Uncoated Paper C–560–829 1/1/18–12/31/18 Iran: In-Shell Pistachio Nuts C–507–501 1/1/18–12/31/18 Sri Lanka: Off-The-Road Tires C–542–801 1/1/18–12/31/18 The PR of China: Ammonium Sulfate C–570–050 1/1/18–12/31/18 Amorphous Silica Fabric C–570–039 1/1/18–12/31/18 Biaxial Integral Geogrid Products C–570–037 1/1/18–12/31/18 Carbon and Alloy Steel Cut-To-Length Plate C–570–048 1/1/18–12/31/18 Circular Welded Austenitic Stainless Pressure Pipe C–570–931 1/1/18–12/31/18 Fine Denier Polyester Staple Fiber C–570–061 11/6/17–12/31/18 Uncoated Paper C–570–023 1/1/18–12/31/18 Editor, International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 131 AD/CVD Proceedings – Country/ Merchandise Case No. Period Turkey: Circular Welded Carbon Steel Pipes and Tubes C–489–502 1/1/18–12/31/18 Suspension Agreements Mexico: Fresh Tomatoes A–201–820 3/1/18–2/28/19 Requested Reviews In a March 14, 2019 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with December anniversary dates. See actual notices for companies requesting review: AD/CVD Proceedings – Country/ Merchandise Case No. Period Antidumping Duty Proceedings India: Carbazole Violet Pigment 23 A-533-838 12/1/17 – 11/30/18 Oil Country Tubular Goods A-533-857 9/1/17 – 8/31/18 Mexico: Circular Welded Non-Alloy Steel Pipe A-201-805 11/1/17 – 10/31/18 Oman: Circular Welded Carbon-Quality Steel Pipe A-523-812 12/1/17 – 11/30/18 S. Korea: Welded Line Pipe A-580-876 12/1/17 – 11/30/18 Russia: Certain Hot-Rolled Carbon Steel Flat Products A-821-809 12/1/17 – 11/30/18 Taiwan: Steel Wire Garment Hangers A-583-949 12/1/17 – 11/30/18 The PR of China: Certain Cased Pencils A-570-827 12/1/17 – 11/30/18 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules A-570-979 12/1/17 – 11/30/18 Fresh Garlic A-570-831 11/1/17 – 10/31/18 Honey A-570-863 12/1/17 – 11/30/18 Malleable Cast Iron Pipe Fittings A-570-881 12/1/17 – 11/30/18 Multilayered Wood Flooring A-570-970 12/1/17 – 11/30/18 Turkey: Welded Line Pipe A-489-822 12/1/17 – 11/30/18 Steel Concrete Reinforcing Bar C-489-819 1/1/17 – 12/31/17 UAE: Circular Welded Carbon-Quality Steel Pipe A-520-807 12/1/17 – 11/30/18 Countervailing Duty Proceedings India: Carbazole Violet Pigment 23 C-533-839 1/1/17 – 12/31/17 PR of China: Multilayered Wood Flooring C-570-971 1/1/17 – 12/31/17 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules C-570-980 1/1/17 – 12/31/17 Suspension Agreements Mexico: Sugar A-201-845 12/1/17 – 11/30/18 Initiation of Sunset Reviews In a March 1, 2019, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below. AD/CVD DOC Case No. ITC Case No. Country Merchandise A–570–928 731–TA–1140 China Uncovered Innerspring Units (2nd Review) A–791–821 731–TA–1141 South Africa Uncovered Innerspring Units (2nd Review) A–552–803 731–TA–1142 Vietnam Uncovered Innerspring Units (2nd Review) Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 132 Advance Notification of Sunset Reviews In a March 5, 2019, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year (“Sunset”) reviews for April 2019. AD/CVD Proceedings – Merchandise/Country Case No. Antidumping Duty Proceedings Circular Welded Carbon Quality Steel Line Pipe from China A–570–935 (2nd Review) Freshwater Crawfish Tailmeat A–570–848 (4th Review) Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from Japan A–588–869 (1st Review) Circular Welded Carbon Quality Steel Line Pipe from China C–570–936) (2nd Review) . Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in April 2019 Baker McKenzie International Trade Compliance Update | April 2019 8461069-v8WASDMS 133 Mattias Hedwall Global Chair International Commercial & Trade International Commercial & Trade Leadership Team Regional Chairs / Steering Committee Kana Itabashi Tokyo Asia Pacific Ulf Wauschkuhn Munich EMEA Alejandro C. Mesa-Neira Bogota Latin America Jennifer Trock Washington DC North America IC&T Focus Groups Agency & Distribution / Franchising Product Liability / Anticorruption / Compliance Liaison Customs & Trade Agreements Will Woods Dallas Ulrich Ellinghaus Frankfurt Fred Burke Ho Chi Minh City Terrie Gleason San Francisco Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets Peerapan Tungsuwan Bangkok Nick Coward & Janet Kim Washington DC Miguel Noyola Chicago/Washington DC ©2019 Baker & McKenzie. All rights reserved. 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