8465028-v6\WASDMS 1 International Trade Compliance Update (covering customs and other import requirements, export controls and sanctions, trade remedies, WTO and anti-corruption), May 2019 our new webinar for our 16th annual webinar series on global trade and supply chain titled “2019: What’s wrong with international trade? Keeping up with changing challenges”, as well as links to past webinars and information about other events. In addition,  Links to videos, PowerPoint and handouts from the 2018 Santa Clara Annual Import and Export Review, and  Links to presentation materials from the Asia-Pacific International Customer Conference on Business and Trade (Tokyo, November 2018). ). , visit our blog: visit www.internationaltradecomplianceupdate.com regularly for updates on international trade compliance. For more articles and updates on trade sanctions and export controls, visit http://sanctionsnews.bakermckenzie.com/ regularly. For resources and news on international trade, especially in Asia, visit our Trade Crossroads blog http://tradeblog.bakermckenzie.com/. To find out how BREXIT (Brexit from the European Union) can affect your business, visit http://brexit.bakermckenzie.com/. For more news and commentary from around the world, visit http://globalcompliancenews.com/. Note. Unless otherwise noted, all information in this update has been sourced from international organizations (UN, WTO, WCO, APEC, Interpol, etc.), EU, EFTA, Eurasian Economic Union, customs official bulletins, official websites, information newsletters or press releases. from trade unions or government agencies. Specific sources are usually available by clicking on the blue hypertext links. Please note that, as a general rule, information related to fishing is not included. In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas – Central America The Americas – North America The Americas – South America Asia-Pacific Europe, Middle East and North Africa Africa (except North Africa) Trade compliance enforcement actions – import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications CBP Rulings: Downloads and Searches CBP Rulings: Revocations or Modifications European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews Editor International Trade Compliance Update Editor, International Trade Compliance Update Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. WTO TBT Notifications CBP Rules: Downloads and Searches CBP Rules: Revocations or Modifications European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews Editor International Trade Compliance Update Editor, International Trade Compliance Update Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. In this issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Affairs Americas – Central America Americas – North America Americas – South America Asia Pacific Europe, Middle East and North Africa Africa (excluding North Africa) Trade Enforcement – Import, Export, IPR, FCPA Fact Sheets, Reports, Articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notices CBP Bylaws: Download and Search CBP Bylaws: Withdrawal or Modification of Rule European Classification Amendments to CN Explanatory Notes Section 337 Actions Anti-Dumping, Countervailing Duties and Safeguards Investigations, Orders and Reviews International Trade Compliance Update Editor International Trade Compliance Update Editor Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected ]” requires notification in some jurisdictions I. In this issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Affairs Americas – Central America Americas – North America Americas – South America Asia Pacific Europe, Middle East & North Africa Africa (excluding North Africa) Trade Compliance – Import, Export, Intellectual Property, FCPA Fact Sheets, Reports, Articles, etc. WTO TBT Notices CBP Decisions: Download and Search CBP Decisions: Repeal or Amend European Classification Rules Revisions of CN Explanatory Notes Article 337 Actions Antidumping , Countervailing Duties, and Safeguard Investigations, Orders, and Commentary International Trade Compliance Update Editor International Trade Compliance Update Editor Stuart P. Zaidel Washington, DC +1 202 452 7088 [email protected] This may qualify as “advertising” in some jurisdictions lawyer.” Previous results do not guarantee similar results. See last page for copyright information and notices. See last page for copyright and notice information Global Trade Compliance Update Baker McKenzie | May 2019 8465028-v6\WASDMS 2 World Trade Organization (WTO) Australia Ratifies WTO Government Procurement Agreement announces that Australia has ratified the WTO Government Procurement Agreement (GPA) and submitted its instrument of accession to the WTO Secretariat on 5 April. The announcement states that Australia will become the 48th GPA-bound WTO member. The GPA will enter into force for Australia on May 5, 2019, 30 days after the date of its instrument of accession. Six RTSs were considered. RTS took place on April 1, 2019. The new Chairman of the Committee, Ambassador Carlos Mario Forradori of Argentina, chaired the first meeting of the Committee in 2019. Agreements reviewed include:  Closer Economic Partnership Agreement between Hong Kong, China and Macao, China  Free Trade Agreement between Chile and Thailand Free Trade Agreement between China and Georgia Free Trade Agreement between Georgia and the European Free Trade Association (EFTA) Market (CACM) The results of each audit of Ecuador’s accession to the trade agreement with the EU, Colombia and Peru can be found at the announcement link. Trade Policy Review: Bangladesh, Samoa The Fifth Trade Policy and Practice Review of Bangladesh took place from 3 to 5 April 2019. The review was based on a report from the WTO Secretariat and a report from the Government of Bangladesh. The first review of Samoa’s trade policies and practices took place from 10-12 April 2019. The review is based on a report from the WTO Secretariat and a report from the Government of Samoa. WTO Considers “Substantial Security Interests” Claim for the First Time On 5 April 2019, the WTO circulated the Panel Report – Measures on Transit Traffic (DS512) in Russia. This decision marks the first time that a WTO panel has to decide on WTO jurisdiction over a member’s claim that its actions are in accordance with Article 21 (basic security immunity from WTO rules). Ukraine filed the lawsuit in September 2016 after the Russian Federation restricted Ukraine’s use of road and rail transport to trade goods with several former Soviet republics. Ukraine argues that these measures are inconsistent with:  Articles V:2, V:3, V:4, V:5, X:1, X:2, X:3(a), XI:1, XVI: 4 General Agreement on Tariffs and Trade 1994 (GATT 1994)  Protocol on the accession of the Russian Federation to Part I, paragraph 2 (containing paragraphs 1161, 1426 (first sentence), 1427 (first sentence), 1427 (first sentence) of the Report of the Working group on accession to the Russian Federation, first and third proposals) and paragraph 1428) Russian Federation). International Trade Compliance Update is a publication of the Baker McKenzie Global International Business and Trade Group. Articles and reviews are intended to provide our readers with information about the latest legal developments and issues of importance or interest. They should not be regarded or relied upon as legal advice or advice. Baker McKenzie advises on all aspects of international trade law. Comments on this update may be directed to the editor: Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] Notes on spelling, grammar, and dates—according to the global nature of Baker McKenzie, original spelling, non-grammar, and date formatting of material in US English was retained from the original source, whether or not the material is enclosed in quotation marks. Most translations of documents into languages ​​other than English are informal, automated, and for informational purposes only. Depending on the language, readers using the Chrome browser should automatically receive an English translation ranging from rough to excellent. Acknowledgments: Unless otherwise noted, all information is taken from official international organizations or government websites, their messages or press releases. Click the blue hyperlink to access the original document. This update contains public sector information available under the UK Open Government License v3.0. In addition, update the use of the material in accordance with the policy of the European Commission, implemented by the decision of the Commission of December 12, 2011. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 3 Russia claims that these measures are necessary to protect its fundamental security interests in response to the international relations emergency that arose in 2014 and for Russia’s basic security interests. Russia invoked Article XXI(b)(iii) of the GATT, arguing that actions taken under Article XXI are “self-deprecating” and not subject to WTO scrutiny as they are necessary to protect its “essential security interests”. “Russia has stated that after the application of Article 21 of the WTO, it will no longer be able to consider this issue, and therefore the commission has no jurisdiction to further consider this issue. Article XXI(b)(iii) provided, inter alia, that “In time of war or other emergency in international relations” the parties to the GATT may take such action as they deem necessary to protect their fundamental security interests in time of war or other emergency. in international relations. The Commission disagrees and considers that the WTO Group is empowered to consider various aspects of Members’ application of Article XXI(b)(iii). In particular, the Commission found that while the chapeau of Article XXI(b) allows Members to take action “as they deem appropriate” to protect their essential security interests, that discretion is limited to three that objectively fall under Article XXI(b). (emphasis added). XXI(b) provides that: essential safety interests (i) in relation to fissile material or the material from which such material is derived; (ii) in connection with the illicit trafficking in weapons, ammunition and means of warfare and the direct or indirect supply to military installations of other goods and materials related to illicit trafficking; (iii) taken on film during a war or other emergency in international relations; or after it has been determined that the required circumstances exist, as a general rule, each member must determine what it considers to be its essential security interest. In addition, the panel concluded that the specific wording “in its opinion” implied a “need” for members to determine their own actions to protect their fundamental security interests. The Panel concluded that Russia accepted the reference to Article XXI(b)( iii), thus Article XXI(b)(iii) of the GATT covered prohibitions and restrictions on transit. On April 26, 1994, a WTO dispute settlement proceeding took place in which the United States claims that Article XXI is its responsibility with respect to steel and aluminum.] Recent Disputes The following disputes have recently been referred to the WTO. Click on the case number (“DS”) below to go to the WTO website page for details of the dispute. DS No Case Title Date DS582 India – Tariff Regime of Certain Goods in the Information and Communications Technology Sector – EU Advisory Request 09-04-19 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\ WASDMS 4 No. DS Case Title Date DS583 Turkey – Certain measures regarding production, import and marketing EU Request for Consultation 10-04-19 DSB Activities Dispute Settlement Body (DSB) or dispute resolution of the period covered by this update Parties have taken the following actions or have reported the following actions. number to view a case summary, click Activity to view the latest news or documents): DS Number Case Name Event Date D S512 Russian Federation – Transit Team Report Published (Applicant: Ukraine) DSB Officially Adopted 05-04- 19 26-04-19 DS534 USA – Differential Pricing Anti-Dumping Measures for Cork from Canada (Complaintant: Canada) Group Report issued 09-04-19 DS495 Republic of Korea – Import Prohibition and Radionuclide Testing and Certification Requirements (Applicant : Japan) DSB Appellate Body Report Released Officially Adopted 11-04-19 26-04-19 DS517 China – Fixed Tariff Quota Agricultural Products (Applicant: USA) Panel Report Published 18-04-19 DS511 China – Domestic Support for Agricultural Producers ( Applicant: USA) DSB Officially adopted 26-04-19 DS521 EU – Yes Anti-dumping measures against certain cold-rolled flat steel products from Russia (comparator Claimant: Russia) Second Panel Request from Russia DS576 Qatar – Certain Measures on Shipments Originating from the United Arab Emirates (Applicant: UAE) Proposed by UAE 1st Panel Request DS490 DS496 Indonesia – Guarantees for Certain Steel Products {Plaintiff: Chinese Taipei , Viet Nam) Compliance Report TBT Notice Under the Agreement on Technical Barriers to Trade (TBT Agreement), WTO members are required to report to the WTO all proposed technical regulations that may affect trade with other member states. The WTO Secretariat circulates this information to all member countries in the form of “notifications”. For a summary table of notifications issued by the WTO over the past month, see the separate section on WTO notifications on TBT. World Customs Organization (WCO) Announcements and Press Releases [dd-mm-yy] Date Title 01-04-19 Fifth Meeting of Regional Coordinators for Capacity Building in the Middle East and North Africa 02-04-19 WCO Supports European Region in Implementing Framework WCO border e-commerce standards Asia-Pacific Regional Training Center opens in Xiamen, China WCO supports Angola Free Trade Agreement Global Trade Compliance Update Baker McKenzie | May 2019 8465028-v6\WASDMS 5 Date Title WCO and OSCE Deploy Dedicated Customs Authorities for Central Asia PITCH training Tunisia improves its training system West African Customs implements regional interconnection project to manage its transit operations05-04-19 Establishing a regional framework for Integrity in West Africa 08-04-19 WCO talks about its e-commerce at UNCTAD e-commerce week Working WCO welcomes establishment of India Customs Cooperation Fund 09-04-19 Niger Customs has 20 capacity building trainers 10-04-19 WCO supports Jamaican Customs for improve the conditions for cooperation between cross-border regulatory authorities (CBRA), create a single Window Environment 11-04-19 Fourth meeting of WGRKC: Momentum for a comprehensive review of the GAC Successful WCO session – Regional Workshop on TRS for CIS Member States12-04-19 Montenegro National th Workshop on Customs Valuation and Database Use19-04-19 WCO Conference UNIDO-AUC International Quality Infrastructure Forum CBC10: looking back, looking ahead Tunisia hosts WCO Regional Security Workshop PSCG discusses key issues at WCO Headquarters WCO supports Swaziland Frontier decision-making system on classification, origin and valuation 17-04-19 CCWP (Customs Cooperation Working Party) 28 March Expert Meeting WCO Regional Training Center opens in Bishkek, Kyrgyzstan 25-04-19 SAFE Working Group launches discussion on AEO 2.0 Highlights of the new WCO Anti-Corruption Program at Integrity Sub-Committee meeting in Brussels 26-04-19 Trade Control Strategic Event – ​​March 2019 Gambia prepares to join MENA Convention members to discuss challenges and solutions for an efficient transit system World Customs Organization Customs Chiefs Meeting European Russian region held in Russia 29-04-19 National Training on Strategic Trade Control, Jamaica, April 2019 WCO and EU join forces on a new project! 30 апреля 2019 г. Таможенная служба Ямайки ВТамО приняла участие в Международной конференции по борьбе с наркотиками Другие международные вопросы Африканская континентальная зона свободной торговли (AFCFTA) Африканская континентальная зона свободной торговли (AFCFTA) AfCFTA получила необходимые разрешения в 22 странах в рамках Центра Tralac (Законы о торговле) ), 2 апреля 2019 года парламент Гамбии утвердил Африканскую континентальную зону свободной торговли (AfCFTA), став 22-й страной, сделавшей это. AfCFTA было подписано 21 марта 2018 года 44 государствами-членами Африканского союза (АС), за ними последовали еще 8, и теперь для вступления в силу требуется 22 ратификации. Согласно условиям AfCFTA, для вступления в силу соглашения требуется 22 утверждения. По состоянию на 10 апреля 19 из 22 стран получили парламентские (Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 6 Psychological Approval) дипломатические письма о ратификации (обычно подтверждение ратификации соглашения) хранителем, прокладывая путь к вступлению в силу AfCFTA. Это означало, что только 3 другие страны должны были сдать на хранение свои ратификационные грамоты председателю AUC, чтобы достичь порога в 22 члена. Через тридцать (30) дней после достижения этого порога AfCFTA вступит в силу. Однако некоторые соглашения (инвестиции, интеллектуальная собственность и конкуренция), ключевые графики (тарифные уступки) и приложения (освобождения от режима наибольшего благоприятствования, воздушный транспорт, сотрудничество в области регулирования и т. д.) все еще находятся в разработке и могут быть готовы не раньше 2020 года. . По данным Tralac, 19 стран, которые сдали на хранение свои документы о ратификации AfCFTA президенту AUC, — это Гана, Кения, Руанда, Нигер, Чад, Республика Конго, Джибути, Гвинея, Эсватини (ранее Свазиленд), Мали, Мавритания, Намибия, Южная Африка. , Уганда, Кот-д’Ивуар (Côte d’Ivoire), Сенегал, Того, Египет и Эфиопия. Три страны, которые получили одобрение парламента, но все еще должны сдать на хранение свои ратификационные грамоты депозитарию, — это Сьерра-Леоне, Зимбабве и Гамбия. По состоянию на конец марта 2019 года только три африканские страны не подписали Сводный текст AfCFTA: Бенин, Эритрея и Нигерия. Уведомление СИТЕС для Сторон Конвенция о международной торговле видами дикой фауны и флоры, находящимися под угрозой исчезновения (СИТЕС), направила Сторонам следующее уведомление: Дата Название 03-04-19 2019/021 – Укрепление синергизма между национальными конвенциями, связанными с биоразнообразием Уровень: Улучшение наличие и качество существующих руководств и инструментов лицензирование 21-04-19 2019/024 – КС 18: Заявление Секретариата список недавно выпущенного отчета Глобальной сельскохозяйственной информационной сети (GAIN) Службы сельского хозяйства США за рубежом (FAS), серии «Правила и стандарты импорта продовольствия и сельскохозяйственной продукции» (FAIRS) и «Руководство для экспортеров», а также другие отчеты, касающиеся требований к импорту и экспорту. Они содержат ценную информацию о нормативных стандартах, требованиях к импорту, руководящих указаниях по экспорту и MRL (максимальные уровни остатков). Информацию о других отчетах GAIN и доступ к ним можно найти на веб-сайте FAS GAIN Reports. Отчет члена GAIN по Алжиру Отчет по ЯРМАРКАМ по Алжиру Отчет по ЯРМАРКАМ по Алжиру Обновление торговой политики Алжира Отчет по ЯРМАРКАМ по Бангладеш Обновление соответствия требованиям международной торговли Baker McKenzie | май 2019 г. Продажи Канада Канада принимает окончательное решение по трем фунгицидам Канада Канада принимает частичное окончательное нормативное решение по неоникотиноидам Канада Отчет FAIRS Китайский национальный стандарт риса (GB-T 1354-2018) Стандарты замороженных продуктов животноводства и птицеводства Эквадор Показать отчет Эквадор Показать отчет Сальвадор Показать отчет Эль Salvador Show Report Индонезия выпускает новые правила импорта кормов для животныхИндонезия руководство по регистрации кормовых добавок Япония Япония предлагает обозначить 7 новых пищевых добавок Уведомить ВТО Пересмотренный стандарт остатков для Monetel FAIRS Report Peru FAIRS Report Саудовская Аравия FAIRS Report Саудовская Аравия FAIRS Report Саудовская Аравия FAIRS Report South Отчет о ЯРМАРКАХ Африки Испания Руководство для экспортеров Тайвань Отчет о допуске к импорту пестицидов Отчет о ЯРМАРКАХ Таиланда Список продуктов, требующих предимпортного надзора Отчет о ЯРМАРКАХ Украины Отчет о ЯРМАРКАХ Вьетнама Отчет о ЯРМАРКАХ Вьетнама АМЕРИКА – ЦЕНТРАЛЬНАЯ АМЕРИКА Таможенные органы Центральной Америки задерживают принятие новой электронной товарной декларации 28 марта В 2019 г. Совет министров по экономической интеграции стран Центральной Америки (COMIECO) утвердил резолюцию 410-2019, предусматривающую включение в действие Единой декларации центральноамериканских государств (DUCA), отложенную до 7 мая 2019 г. [См. Коста-Рика Первоначально Унитарная декларация Центральной Америки (DUCA) была принята 7 декабря 2018 г. Резолюцией КОМИЭКО 409-2018, вступившей в силу 1 апреля 2019 г. и заменяющей собой Обновление о соблюдении требований международной торговли компании Baker McKenzie | май 2019 г. 8465028 -v6\WASDMS 8 Три документа: Единая таможенная форма Центральной Америки (FAUCA), Единая международная сухопутная таможенная декларация для товаров в пути (DUT) и Декларация на товары для использования в Гватемале, Сальвадоре, Гондурасе, Никарагуа, Коста-Рике и Панаме. EL SALVADOR Documents Date Series and № Subject 05-03-19 DGA № 005-2019 Implementación de Declaración Única Centroamericana (DUCA) PANAMA Official Gazette The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial – Digital (Official Gazette – Digital) during the period of coverage: Publication Date Title 04-04-19 COMMERCE & INDUSTRIES: Res. САЛЬВАДОР Документы Дата Серия и № Тема 05-03-19 DGA № 005-2019 Implementación de Declaración Única Centroamericana (DUCA) PANAMA Official Gazette Следующие документы, представляющие интерес для международных торговых компаний (кроме стандартов безопасности пищевых продуктов), были опубликованы в Gaceta Oficial – Цифровой (Официальный вестник – Цифровой) в течение периода охвата: Дата публикации Название 04-04-19 ТОРГОВЛЯ И ПРОМЫШЛЕННОСТЬ: Рез. Сальвадор Документы Дата Серия и № Тема 05-03-19 DGA № 005-2019 Внедрение Única Centroamericana (DUCA) Официальный вестник Панамы Следующие документы (кроме стандартов безопасности пищевых продуктов), представляющие интерес для международных трейдеров, опубликованы на Gaceta Oficial – цифры за отчетный период (Официальный вестник – цифровой): Дата публикации Заголовок 04-04-19 Торговля и промышленность: Рез. № 002 (02-04-19) Внедрение специальных сельскохозяйственных гарантий для определенных продуктов в соответствии с Соглашением о свободной торговле между США и Панамой 25-04-19 Национальные таможенные органы: Постановление № 119 (22-04-19), которое включает новые Таможенная сфера действия находится в рамках процедур, изложенных в Резолюции № 488 от 26 октября 2018 года, для перемещения ненационализированных товаров через официальные компьютерные системы и других положений национальных таможенных органов Америка - Северная Америка Канада Канада Пересмотренный список США Стали и Контрмеры по смягчению последствий, связанных с алюминием 15 апреля 2019 года Министерство финансов опубликовало пересмотренный Перечень мер по смягчению последствий импорта стали, алюминия и других товаров из США. Последние изменения в Приложение 3 Приказа США о налоговых льготах («Приказ о льготах») были внесены в соответствии с Приказом о внесении поправок в Приказ США о налоговых льготах и ​​льготах № 2019-1, вступившим в силу 15 апреля 2019 г. В ответ на тарифы США на канадскую сталь и алюминий правительство Канады ввело взаимные контрмеры в отношении импорта американской стали, алюминия и других товаров с 1 июля 2018 г. Чтобы защитить конкуренцию предприятий, затронутых контрмерами Канады, правительство объявило что:  Определенные продукты из стали и алюминия будут иметь право на освобождение от подоходного налога, уплаченного или подлежащего уплате в соответствии с Приказом США о подоходном налоге (сталь и алюминий);  Некоторые другие товары будут иметь право на освобождение от налога в соответствии с Приказом США о подоходном налоге (Другие товары) Дополнительные уплаченные налоги или платный. Baker McKenzie International Trade Compliance Update, май 2019 г. 8465028-v6\WASDMS 9 Заказ на помощь, Приложение 1, Приложение 2, Приложение 3 и Приложение 4 Товары, которые в настоящее время охватываются, перечислены ниже.  Для товаров Списка 1 льгота на неопределенный срок предоставляется для стальной и алюминиевой продукции, импортируемой из США 1 июля 2018 года или позже. Для товаров Списка 2 предоставляется ограниченный период освобождения с 1 июля 2018 г. Для продукции из стали и алюминия, импортируемой из США, до 30 апреля 2019 г.  Для товаров Списка 3, для товаров, импортируемых из США Импортированная сталь и алюминий продукты получают льготу.Эта льгота ограничена определенными зарегистрированными импортерами на определенный период времени и в соответствии с применимыми условиями, изложенными в Приложении 3.  Для товаров, перечисленных в Приложении 4, другие товары, импортированные из Соединенных Штатов 1 июля 2018 года или после этой даты, могут быть освобождены от уплаты налога на неопределенный срок при соблюдении применимых условий, изложенных в постановлении об освобождении от уплаты налогов. Последние изменения в Приложение 3 Постановления об освобождении были внесены в соответствии с Приказом США о налоговых льготах и ​​Постановлении о внесении поправок № 2019-1, вступившим в силу 15 апреля 2019 года. Изменения к Приложению 3 Распоряжения о помощи, выделенные жирным шрифтом, включают: , 124, 127, 128, 130–142, 144–200, 209–219;  Добавление пунктов 220–314. Полный график судебного приказа см. в Уведомлении казначейства. Канада отменяет защитные меры для стали категории 5 28 апреля Таможенное уведомление 18-17 – 16 апреля 2019 г. Временные защитные меры, введенные в отношении импорта некоторых видов стали, были пересмотрены, чтобы отразить в своем решении Канадский международный торговый суд (CITT). гарантии для семи категорий стали [см. ниже]. В соответствии с постановлением о введении временной защитной меры, в случае, если CITT рекомендует окончательную защитную меру, временная защитная мера действует в течение 200 дней с даты вступления в силу.  CITT рекомендует окончательные защитные меры для импорта толстолистового проката и нержавеющей проволоки, поэтому временные защитные меры для этих товаров будут действовать до 12 мая 2019 года (включительно). В соответствии с законодательством Канады, если CITT не рекомендует окончательную защиту, временная защита действует в течение 200 дней с даты принятия решения о временной защите.  CITT не предлагал окончательных защитных мер для импорта железобетонной арматуры, энергетических труб, горячекатаного листа, стали с полимерным покрытием и катанки, поэтому временные защитные меры для этих товаров будут действовать до 28 апреля 2019 года (включительно). ). Правительство пересматривает рекомендации CITT и в надлежащее время сделает дополнительные объявления, в том числе о дополнительных пошлинах на товары, на которые распространяются временные защитные меры. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 10 Временно на соответствующие товары До истечения срока действия защитных мер, импортеры должны продолжать получать лицензии на импорт определенных товаров или платить дополнительные пошлины на импорт этих товаров. CITT публикует отчет о расследовании мер безопасности в отношении стали 4 апреля 2019 года Канадский суд по международной торговле (CITT или Трибунал) опубликовал свой отчет от 3 апреля в расследовании мер безопасности при импорте некоторых товаров из стали [расследование № GC-2018-001]. CITT было поручено провести расследование в отношении определенных стальных изделий, импортируемых в Канаду. Категории запрашиваемой продукции: (1) толстые плиты, (2) бетонные стальные стержни, (3) энергетические трубы, (4) горячекатаные плиты, (5) стальные плиты с цветным покрытием, (6) проволока из нержавеющей стали. стержни и (7) катанки. Цель расследования состоит в том, чтобы определить, были ли какие-либо из этих товаров импортированы в Канаду в количествах и на таких условиях, которые могли бы стать основной причиной серьезного ущерба или угрозы для отечественных производителей таких товаров. Постановление предписывает суду рассмотреть права и обязательства Канады в области международной торговли. Постановление предусматривает, что определенные виды импорта будут исключены из судебного расследования, а именно импорт из США, Израиля и других стран-бенефициаров Соглашения о свободной торговле между Канадой и Израилем (CIFTA) Чили и Мексики (за исключением энергетических труб и электропроводки). из Мексики). Постановление требует, чтобы арбитражный суд выносил отдельные определения в отношении рассматриваемых товаров, происходящих из определенных партнеров по соглашению о свободной торговле и импортируемых из них, в тех случаях, когда он определяет, что импорт увеличился, серьезно пострадал или угрожает. В частности, арбитражный суд должен определить, были ли основные товары, происходящие из Панамы, Перу, Колумбии, Гондураса и Республики Корея (Корея), основной причиной серьезного ущерба или угрозы. Трибунал также должен определить, составляют ли трубы или провода для энергетических компаний, произведенные в Мексике и импортированные из Мексики, значительную долю от общего объема импорта энергетических труб или проводов, или они в значительной степени способствовали серьезным травмам или угрозе. Также описывается особый режим импорта из стран, которые пользуются Общими преференциальными тарифами (GPT). Выводы и рекомендации арбитражного суда заключаются в следующем:  Арбитражный суд находит, что импорт толстолистового проката из обвиняемых стран (за исключением товаров, происходящих из Кореи, Панамы, Перу, Колумбии и Гондураса) увеличивается в количестве и состоянии, причиняя ущерб отечественной промышленности Основная причина угрозы серьезного ущерба и рекомендации по исправлению положения в виде тарифной квоты (TRQ) из целевой страны, за исключением товаров, происходящих из Кореи, Панамы, Перу, Колумбии, Гондураса или других страны, товары которых имеют право на условия обращения GPT.  Трибунал считает, что, несмотря на значительное увеличение импорта бетонной арматуры из соответствующей страны, это увеличение и условия, при которых импортировалась соответствующая арматура, не причинили серьезного ущерба и не причинили серьезного ущерба. Угрожает серьезный ущерб отечественной промышленности, и меры по исправлению положения бетонной арматуры не рекомендуются.  Трибунал считает, что, несмотря на значительное увеличение импорта энергетических труб из рассматриваемых стран, это увеличение, а также условия, в которых эти энергетические трубные изделия импортируются. 8465028-v6\WASDMS 11, импортированные не причинили серьезного ущерба и не угрожают причинить серьезный ущерб отечественной промышленности, и поэтому не рекомендует средства правовой защиты в отношении энергетических трубных изделий. сталь с полимерным покрытием и катанка, импортируемые из рассматриваемых стран, не импортируются в таких повышенных количествах, которые могут нанести или угрожают нанести серьезный ущерб отечественной промышленности Учитывая, что защитная мера может применяться только в том случае, если продукт импортируется в таких увеличенных количествах, Трибунал не рекомендует средства правовой защиты в отношении горячекатаного листа, предварительно окрашенной стали и катанки. на проволоку из нержавеющей стали, импортируемую из рассматриваемых стран (кроме товаров, происходящих из Кореи, Панамы, Перу, Колумбии и Гондураса), ввозится в таких повышенных количествах и на таких условиях, что это является основной причиной угрозы серьезного ущерба для domestic industry, and recommends a remedy in the form of a TRQ on imports of stainless steel wire from subject countries, other than goods originating in Korea, Panama, Peru, Colombia, Honduras, or countries whose goods are eligible for GPT treatment. 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 04 -03-19 HEALTH: Regulations Amending the Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulati ons (Penalties and Schedules) (SOR/2019- 70, Mar. 13, 2019) (R) FINANCE: Excise Duties on Cannabis Regulations.(SOR/2019-78, Mar. 26, 2019) (R) FINANCE: Regulations Amending Certain Regulations in Respect of the Taxation of Cannabis Products (SOR/2019-77, Mar. 26, 2019) (R) TRANSPORT: Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail).(SOR/2019-75, Mar. 26, 2019) (R) 04-06-19 ENVIRONMENT/HEALTH: Publication after screening assessment of eight substances of the Phenol-formaldehyde Resins Group specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Pr ot ection Act, 1999) (N) ENVIRONMENT/HEALTH: Publication after screening assessment of eight substances of the Used and Re-refined Oils Group specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) 04-13-19 ENVIRONMENT/HEALTH: Publication after screening assessment of three s ubstances — amitrole, CAS RN 61-82-5, sodium dichloroisocyanurate (NaDCC), CAS RN 2893-78-9, and hexa(methoxymethyl melamine, CAS RN 3089-11- 0 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) ENVIRONMENT/HEALTH: Publication after screening assessment of 21 substances specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) 04-17-19 FOREIGN AFFAIRS: Order Amending Certain Permits Made Under the Export and Import Permits Act (SOR/2019-87, April 4, 2019) (O) ENVIRONMENT: Regul atio ns Amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)(SOR/2019-89, April 8, 2019) (R) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 12 Publication Date Title ENVIRONMENT: Regulations Amending the Concentration of P hosphorus in Certain Cleaning Products Regulations (SOR/2019-90, April 8, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (R) ENVIRONMENT: Regulations Amending the Contaminated Fuel Regulations (SOR/2019-91, April 8, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (R) FOREIGN AFFAIRS: Order Amending the Export Control List (SOR/2019-92, April 8, 2019) pursuant to the Export and Import Permits Act (O) 04-20-19 ENVIRONMENT: Order 2019-87-04-02 Amending the Non-domestic Substances List pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (O) ENVIRONMENT / HEALTH: Publication after screening assessment of diazenedicarboxamide, CAS RN 123-77-3, specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) HEALTH: Proposed Order Amending Schedule I to the Controlled Drugs a nd Substances Act (Tramadol) pursuant to the Controlled Drugs and Substances Act).(PR) HEALTH: Proposed Regu lations Amending the Narcotic Control Regulations (Tramadol) pursuant to the Controlled Drugs and Substances Act (PR) 04-27-19 ENVIRONMENT: Ministerial Condition No. 19823 pursuant to Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999 (N) [benzoic acid, 2-benzoyl-, methyl ester, Chemical Abstracts Service Registry No. 606-28-0] ENVIRONMENT / HEALTH: Publication of final decision after screening assessment of three substances of the Fatty Amides Group — 13-docosenamide, (Z)- (erucamide), CAS RN 112-84-5, 9-octadecenamide, (Z)- (oleamide), CAS RN 301-02-0, and isooctadecanoic acid, reaction products with tetraethylenepentamine (IODA reaction products with TEPA), CAS RN 68784-17-8 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) ENVIRONMENT / HEALTH: Publication of results of investigations and r ecommendations for a substance — cyclohexane, 5-isocyanato-1- (isocyanatomethyl)- 1,3,3-trimethyl- (isophor one diisocyanate; IPDI), CAS RN 4098-71-9 — specified on the Domestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999) (N) 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 04-03-19 GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Russia) Regulations (SOR/2019-71 (Mar. 15, 2019) (R) GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Ukraine) Regulations (SOR/2019-72, Mar. 15, 2019) (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 during the period of this Update’s coverage. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 13 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 04-09-19 D2-5-13 (Revised) International to Domestic Connections Process 04-16-19 CN 18-17 (Revised) Provisional Safeguard Measures Imposed on the Importation of Certain Steel Goods 04-24-19 D5-1-5 (Revised) Damaged Mail 04-25-19 D2-5-12 (Revised) Telephone Reporting for General Aviation and Private Boats 04-26-19 D19-6-3 (Revised) Importation of Energy-using Products 04-30-19 CN 18-19 (Revised) Cannabis Customs Excise Duty Procedures CN 19-06 Relocation of Commercial Office, Halifax, NS Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. MEXICO Diario Oficial The following d ocuments of interest to international traders were published in the Diario Oficial de la Federacion: Note: With regard to standards, only those which appear to apply to international trade are listed. (An unofficial English translation is shown.) Publication Date Title 04-08-19 ECONOMY: Acuerdo making public Decision 98 of the Administrative Commission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on February 28, 2019 ECONOMY: Notice regarding the certification scheme that the Socialist Republic of Vietnam will apply in the framework of the Comprehensive and Progressive Trans-Pacific Association Treaty 04-09-19 HACIENDA: Ninth Resolution of Modifications to the Miscellaneous Fiscal Resolution for 2018 and its Annex 1-A. [includes Northern border tax stimulus] 04-10-19 Decree modifying the Tariff of the Law on General Import and Export Taxes, the Decree establishing various Sectoral Promotion Programs, the Decree establishing the gen eral import tax for the border region and the northern border strip and the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industries [adjusts PROSEC and IMMEX decrees, creates new national explanatory note to Sec. XI, and creates additional textile and apparel subheadings and changes duty rates, including the border region] 04-10-19 Decree modifying the Tariff of the General Import and Export Tax Law and the Decree establishing the general import tax for the border region and the northern border strip [creates additional footwear subheadings, a national explanatory note to Chapter 64, and changes duty rates, including the border region] 04-10-19 HACIENDA: Tenth Resolution of Modifications to the Miscellaneous Fiscal Resolution for 2018 and its annexes 1-A, 14, 23, 25 and 25-Bis [includes security features of the tags and seals that must be adhered to the containers containing alcoholic beverages, digital printing of required alcoholic beverage labels] 0 4-12-19 ECONOMY: Call to participate in the National Export Prize 2019. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 14 Publication Date Title 04-15-19 ECONOMY: Acuerdo that discloses the tariff preferences in Appendix I of Economic Complementation Agreement No. 55, signed between the United Mexican States and the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, being the States Parties of the Common Market of the South (MERCOSUR). ECONOMY: Acuerdo that provides the Sixth Additional Protocol to Appendix I “On Trade in the Automotive Sector between Argentina and Mexico, “ of Economic Complementation Agreement No. 55 concluded between MERCOSUR and the United Mexican States. 04-18-19 ECONOMY: Acuerdo that modifies the one by which the Secretary of Economy emits rules and criteria of general character in matter of Foreign Trade 04-19-19 ECONOMY: Notice by means of which the amount of th e maximum quota for the month of March 2019 is announced, to export sugar to the United States of America during the period between October 1, 2018 and September 30, 2019. 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 S ubject 04-02-19 Notice of April 1, 2019 Continuation of the National Emergency With Respect to South Sudan 04-03-19 Presidential Permit of March 29, 2019 Authorizing TransCanada Keystone Pipeline, LP, To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Canada 04-04-19 Memorandum of April 1, 2019 Delaying Submission of the Small Business Report under the Trade Facilitation And Trade Enforcement Act of 2015 04-11-19 Notice of April 10, 2019 Continuation of the National Emergency With Respect to Somalia * Memorandum of April 3, 2019 on Combating Trafficking in Counterfeit and Pirated Goods 04-15-19 Executive Order 13867 of April 10, 2019 – Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States 04-19-19* National Security Presidential Memorandum Regarding US Conventional Arms Transfer Policy *) Not yet published in the Federal Register. Lin k is to Whitehouse.gov President announces US will not ratify UN Arms Treaty During a speech at the National Rifle Association convention on April 26, 2019, President Trump announced that the US would not ratify the UN Arms Trade Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 15 Treaty and that his administration would ask the Senate to return the Treaty without taking action. The US had signed the Treaty in 2013 but it has not been ratified by the Senate. The White House issued a fact sheet explaining the decision. The US had been an original sponsor of the Treaty, which would require states parties to regulate importing, exporting, transit, transhipment and brokering of conventional arms and components. To date, over 100 countries have ratified the treaty, and an additional 34 countries have signed but not ratified it. President delays border closure threat for one year On April 4, 2019, in response to a reporter’s question, President Trump told rep orters and others attending a White House Opportunity and Revitalization Council meeting that he would not take any action to close the US-Mexico border for a year to see if Mexico can stop the immigrants and drugs using Mexico to reach the United States. If after a year the situation does not improve, he will consider putting tariffs on Mexican products – particularly automobiles. If that doesn’t work, he will; close the border. White House issues memorandum on counterfeit and pirated goods On April 3, 2019, President Trump issued a memorandum directing coordination across critical federal agencies to combat trafficking in counterfeit and pirated goods. The memorandum emphasizes the importance of intellectual property rights and announces an expanded effort by the Federal Government to combat online counterfeit trafficking. It instructs the Department of Homeland Security to submit a report within 210 days, in which it must: i. Analyze available data on counterfeit goods and their dis tribution via online thirdparty market places, including market incentives, origin, and any other data that supports subsequent policy recommendations. ii. Evaluate existing policies of third-party intermediaries, the Federal Government (especially the Defense Federal Acquisition Regulation Supplement), and foreign governments to combat trafficking. iii. Recommend changes to the data collection practices of the Federal Government. iv. Review practices of counterfeiters and identify changes to administrative and enforcement actions that could “substantially reduce” the flow of pirated goods. v. Identify types of guidance that the Federal Government may provide to thirdparty marketplaces and carriers.六。 Identify administrative and policy changes that would promote information sharing between agencies.七。 Review government resources and provide recommendations regarding the effective use of technology and increased collaboration with third-party intermediaries for the detection and prosecution of counterfeiters. We expect a public version of the report to follow within 30 days of its submission. Notably, the Memorandum is directed to several Government entities, including the Secretary of Defense, the Attorney General, the Secretary of Commerce and the United States Trade Representative. This suggests the potential for broad based action following issuance of the report by Homeland Security. Should you have further queries, please do not hesitate to contact our contributing lawyers: Kevin M. O’Brien, Christine Streatfeild and Victor Wang. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 16 President extends national emergencies re: Somalia, South Sudan On April 11, 2019, the Federal Register published Presidential Notice of April 10, 2019 Continuation of the National Emergency With Respect to Somalia, which extends for an additional year the national emergency first declared in Executive Order (EO) 13536 (April 12, 2019) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the deterioration of the security situation and the persistence of violence in Somalia, and acts of piracy and armed robbery at sea off the coast of Somalia, which have been the subject of the United Nations Security Council resolutions (UNSCRs), and violations of the arms embargo imposed by the United Nations Security Council. Additional steps were taken in EO 13620 (July 20, 2012) due to additional UNSCRs, and to address: exports of charcoal from Somalia, which generate significant revenue for al-Shabaab; the misappropriation of Somali public assets; and certain acts of violence committed against civilians in Somalia. The national emergency is being extended because the situation with res pect to Somalia continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. On April 2, 2019, the Federal Register published Presidential Notice of April 1, 2019 Continuation of the National Emergency With Respect to South Sudan, which extends for an additional year the national emergency first declared in EO 13664 (April 3, 2014) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in and in relation to South Sudan, which has been marked by activities that threaten the peace, security, or stability of South Sudan and the surrounding region, including widespread violence and atrocities, human rights abuses, recruitment and use of child soldiers, attacks on peacekeepers, and obstruction of humanitarian operations. The national emergency is being extended because the situation in and in relation to South Sudan continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. USTR waives discriminatory purchasing requirements for eligible products and suppliers of Australia On April 29, 2019, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice stating that the United States has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of Australia beginning on May 5, 2019. On October 17, 2018, the WTO Committee on Government Procurement approved the accession of Australia to the WTO Agreement on Government Procurement (GPA). Australia submitted its instrument of accession to the Secretary General of the WTO on April 5, 2019. The GPA will enter into force for Australia on May 5, 2019. The United States, which also is a party to the GPA, has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of Australia beginning on May 5, 2019. USTR publishes add itional Sec. 301 product exclusions On April 18, 2019, the Office of the United States Trade Representative. (USTR) published in the Federal Register a notice of product exclusions. This is the third set of product exclusions from the first (July 6, 2018) imposition of 25% additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. In Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 17 December 2018 and March 2019, USTR granted two prior sets of exclusion requests. This notice announces USTR’s determination to grant additional exclusion requests, as specified in the Annex to this notice. USTR will continue to issue decisions on pending requests on a periodic basis. As set out in the Annex to the notice, the exclusions are reflected in 21 specially prepared p roduct descriptions, which cover 348 separate exclusion 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 product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. Paragraph A, subparagraphs (3) – (5) are conforming amendments to the Harmonized Tariff Schedule of the United States (HTSUS) reflecting the modification made by the Annex to the notice. In order to clarify the periodic revisions to the HTSUS, paragraphs B and C of the Annex modifies the text to US notes 20(i)(6) and 20(i)(7) to subchapter III of chapter 99 5 of the HTSUS, as set out in the Annex of the notice published at 84 Fed.注册。 11152 (March 25, 2019). Paragraph D of the Annex to this notice corrects a typographical error in US note 20(i)(24) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex of the notice published at 84 Fed.注册。 11152 (March 25, 2019). As stated in the July 11 Notice, the exclusions will apply as of the July 6, 2018 effective date of the $34 billion action, and extend for one year after the publication of the notice of exclusions. US Customs and Border Protection (CBP) will issue instructions on entry guidance and implementation. Stakeholders wishing to check the status of their exclusion requests should check USTR’s Initial $34 Billion Trade Action Index of Product Exclusion Requests and Review Status spreadsheet, which is updated weekly. USTR proposes countermeasures in response to EU aircraft subsidies [Update to April 8 article below] On April 12, 2019, the Office of the US Trade Representative published in the Federal Register a notice of initiation of investigation, hearing, and request for comments [Docket No. USTR–2019–0003] regarding enforcement of US rights in the World Trade Organization (WTO) dispute against the European Union (EU) and certain EU member States addressed to EU subsi dies on large civil aircraft. USTR proposes determinations that the EU and certain member States have denied US rights under the WTO Agreement and have failed to implement WTO Dispute Settlement Body recommendations. USTR proposes to take action pursuant to section 301 of the Trade Act of 1974, as amended, in the form of additional duties on products of the EU or certain member States, to be drawn from the preliminary list annexed to the Federal Register notice. The interagency Section 301 Committee is seeking public comments and will hold a public hearing in connection with the proposed determinations. The preliminary list Annex has two sections. The products that are enumerated and described in Section 1 are being considered for additional import duties if they are the product of any of the following four member States of the European Union: France, Germany, Spain or the United Kingdom. The Section 1 list covers certain civilian helicopters, aircraft, aircraft assemblies and parts in headings 8802 and 8803. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 18 The products that are enumerated and described in Section 2 of the Annex to the notice are being considered for additional import duties if they are the product of any of the twenty-eight member States of the European Union. The list is very broad and covers products ranging from items in heading 0303 through items in heading 9603 [see examples in the article below]. To be assured of consideration, the following schedule applies: May 6, 2019: Due date for submission of requests to appear at the public hearing and summary of testimony. May 15, 2019: The Section 301 Committee will convene a public hearing in the Main Hearing Room of the US International Trade Commission, 500 E Street SW, Washington, DC 20436 beginning at 9:30 am May 28, 2019: Due date for submission of written comments, including post-hearing rebuttal comments. ITC issues report on US-Mexico-Canada Trade Agreemen t’s impact on US jobs and industry sectors On April 18, 2019, the US International Trade Commission (ITC) released its 379 page report, US-Mexico-Canada Trade Agreement: Likely Impact on the US Economy and on Specific Industry Sectors [Inv. TPA 105-003, Pub. no. 4889], as required by the section 105(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Title I, Pub. L. 114-26; 129 Stat. 320). The highlights of the report are contained in the Executive Summary which states (with emphasis as in the original text): The Commission used a combination of detailed quantitative and qualitative industry analyses and an economy-wide computable general equilibrium model to assess the likely impact of USMCA on the US economy and industry sectors. The model estimates that, if fully implemented and enforced, USMCA would have a positive impact on US real GDP and employment. The elements of the agreement that would have the most significant effects on the US economy are ( 1) provisions that reduce policy uncertainty about digital trade and (2) certain new rules of origin applicable to the automotive sector. Of interest to stakeholders in many sectors, particularly services industries, are USMCA’s new international data transfer provisions, including provisions that largely prohibit forced localization of computing facilities and restrictions on cross-border data flows. Industry representatives consider these provisions to be a crucial aspect of this agreement in terms of changing certain rules of trade across industry sectors, especially given the lack of similar provisions in the North American Free Trade Agreement (NAFTA). Because NAFTA has already eliminated duties on most qualifying goods and significantly reduced nontariff measures, USMCA’s emphasis is on reducing remaining nontariff measures on trade and the US economy; addressing other issues that affect trade, such as workers’ rights; harmonizing regulations from country to country; and deterrin g certain potential future trade and investment barriers. USMCA would strengthen and add complexity to the rules of origin requirements in the automotive sector by increasing regional value content (RVC) requirements and adding other requirements. USMCA’s requirements are estimated to increase US production of automotive parts and employment in the sector, but also to lead to a small increase in the prices and small decrease in the consumption of vehicles in the United States. The agreement would establish commitments to open flows of data, which would positively impact a wide range of industries that rely on international data transfers. USMCA would reduce the scope of the investor-state dispute settlement (ISDS) mechanism, a change that, based on modeling results, would reduce US investment in Mexico and would lead to a small increase in US domestic investment and Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 19 output in the manufacturing and mini ng sectors. The agreement, if enforced, would strengthen labor standards and rights, including those related to collective bargaining in Mexico, which would promote higher wages and better labor conditions in that country. New intellectual property rights provisions would increase protections for US firms that rely on intellectual property. These changes are estimated to increase US trade in certain industries. The Commission’s model estimates that USMCA would raise US real GDP by $68.2 billion (0.35 percent) and US employment by 176,000 jobs (0.12 percent). The model estimates that USMCA would likely have a positive impact on US trade, both with USMCA partners and with the rest of the world. US exports to Canada and Mexico would increase by $19.1 billion (5.9 percent) and $14.2 billion (6.7 percent), respectively. US imports from Canada and Mexico would increase by $19.1 billion (4.8 percent) and $12.4 billion (3.8 percent), respectively. The model estimates that the agreement would l ikely have a positive impact on all broad industry sectors within the US economy. Manufacturing would experience the largest percentage gains in output, exports, wages, and employment, while in absolute terms, services would experience the largest gains in output and employment. ITC seeks possible modifications to the Harmonized System Nomenclature On April 3, 2019, the US International Trade Commission (ITC) published in the Federal Register a request for proposals [Docket No. 1210–007] to amend the international Harmonized Commodity Description and Coding System (Harmonized System or HS) in connection with the Seventh Review Cycle of the World Customs Organization (WCO), with a view to keeping the Harmonized System current with changes in technology and trade patterns. The proposals will be reviewed by the Commission, US Customs and Border Protection (CBP), and the US Department of Commerce, Bureau of the Census (Census), for potential submission by the US Government to the WCO in Br ussels, Belgium. The Commission is seeking proposals for specific modifications to the international Harmonized System (section and chapter notes, and the texts of 4-digit headings and 6-digit subheadings) that would describe new products or technologies, modify or eliminate unclear or obsolete categories, or otherwise advance the goals set out by the HS Convention. No proposals for changes to US national-level provisions (including Additional US Notes, 8-digit subheadings, 10- digit statistical annotations, and rates of duty) will be considered by the Commission as part of this review. Interested parties, associations, and government agencies should submit specific language for proposed amendments to the HS, together with appropriate descriptive comments and, to the extent available, relevant trade data. The implementation of changes in the international HS by the United States is intended to be tariff neutral. As part of this review, the Commission particularly invites proposals conc erning the following matters:  The deletion of HS headings or subheadings with low trade volume;  The creation of separate 4-digit headings or 6-digit subheadings to identify types of products that are important in international trade but are not adequately classified;  The simplification of the HS, whether by the modification of provisions for greater clarity or the elimination of provisions that are difficult to administer; and/or  The suggestion of other changes that would improve the classification of products, especially those being exported from the United States, or assist in the administration of the HS and the more uniform classification of goods internationally. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 20 The suggested deadline for submissions: March 31, 2020. ITC investigations and notices The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the f ollowing investigations (other than 337 and antidumping, countervailing duty or safeguards) or published notices this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release) Investigation. no. and title Inv. 332-503 Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel From the Dominican Republic, Tenth Annual Review (N/RFC) Miscellaneous Tariff Bill Petition System – Proposed Information Collection;评论请求； Miscellaneous Tariff Bill Petition Submission and Comment Forms [Docket № MISC034] (N) Inv. 332-227 Caribbean Basin Economic Recovery Act: Impact on US Industries and Consumers and on Beneficiary Countries (H/RFC, R) [24th report] Inv. no. TPA-105-003 United States-Mexico-Canada Agreement: Likely Impact on the US Economy and Specific Industry Sector (R) [USITC Pub. no. 4889] FDA and CBP sign agreement to improve public health and safety See article in the FDA section below. CBP rec eives Domestic Interested Party petition On April 3, 2019, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No.: USCBP–2019–0012] that it has received a petition submitted on behalf of a domestic interested party requesting the reclassification, under the Harmonized Tariff Schedule of the United States (HTSUS), of certain steel special profiles from the United Kingdom and Germany, imported for use in manufacturing forklift masts or carriages. In New York Ruling Letter (NY) N293371, dated February 8, 2018, CBP classified the steel special profiles under subheading 8431.20.00, HTSUS, as parts suitable for use solely or principally with forklifts. Petitioner contends that based on their condition as imported and the processing that needs to be undertaken after importation, the steel special profiles should be classified under subheading 7216.50.00, HTSUS, as hot-rolled nonalloy steel profile shapes. Petitioner further contends that the result of th is ruling is that the products are avoiding the application of additional duties for steel imposed by Presidential Proclamation 9705 of March 8, 2018, under Section 232. The CBP document invites comments with regard to the correctness of the current classification. Comments must be received on or before May 3, 2019. CBP publishes quarterly interest rates On April 2, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same as the previous quarter. For the calendar quarter beginning April 1, 2019, the interest rates for overpayments will be 5 percent for corporations and 6 percent for non-corporations, and the interest rate for underpayments will be 6 percent for both corporations and non-corporations. This notice is published Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 21 for the convenience of the importing public and US Customs and Border Protection personnel. The rates announced in this notice are applicable as of April 1, 2019. Miscellaneous DHS and CBP Federal Register documents The following documents not discussed above were published by Homeland Security or CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.] FR Date Subject 04-05-19 DHS-CBP/Coast Guard/ICE/TSA: Civil Monetary Penalty Adjustments for Inflation 04-08-19 DHS: Greece Electronic System for Travel Authorization Validity Period [to 2 years] (N) CBP: Agency Information Collection Activities: Administrative Rulings [OMB Control No.: 1651-0085] (N) 04-26-19 CBP: Agency Information Collection Activities: Application for Withdrawal of Bonded Stores for Fishing Vessels and Certificate of Use [OMB Control No.: 1651-0092] (N) [CBP Form 5125] CBP issues instructions on filing the third group of Sec. 301 exclusions (Tranche 1) On April 19, 2019, CBP issued CSMS# 19-000212 – Submitting Imports of Third Group of Products Excluded from Section 301 Duties. It states: BACKGROUND: On April 18, 2019, the US Trade Representative published Federal Register Notice 84 FR 16310 announcing the decision to grant the third round 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 apply as of the July 6, 2018 effective date and will extend for one year after the publication of this notice. The exclusions are available for any product that meets the description in the Annex to Federal Register Notice 84 FR 16310, 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 Ann ex, and not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of the third round of products excluded from Section 301 duties is available in the Automated Commercial Environment (ACE) as of April 18, 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 Federal Register Notice 84 FR 16310 are as follow: 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 9903.88.07 (Articles the product of China, as provided for in US note 20(j) to this subchapter, each covered by an exclusion granted by the US Trade Representative) for imported merchandise subject to the exclusion. Do not submit the corresponding Chapter 99 HTS number for the S ection 301 duties when HTS 9903.88.07 is submitted. ADDITIONAL INFORMATION: Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 22 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 follow the same entry filing instructions as above to file a Post Summary Correction (PSC) on unliquidated entry summaries. If an entry summary liquidates prior to the filling of a PSC, importers may file a protest. 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 Foreign Trade Zone (FTZ) pro visions 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] . CBP issues ITRAC transition to ACE information On April 29, 2019, CBP issued CSMS 19-000223 Transition of Importer Trade Activity (ITRAC) Data to ACE Reports – Information Notice. The CSMS links to the CBP ACE Information Notice – Transition of Importer Trade Activity Data to ACE Reports – April 2019, which explains the ITRAC transition and shows what data and services is and is not available during the transition period. Revocations or modifications of CBP rulings See separate section below. CSMS messages The following CBP Cargo S ystems 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 04-01-19 19-000171 ACE PRODUCTION 5106 Importer Accounts Deployment, Tues 4/2/2019 @0500ET 04-02-19 19-000172 2019 Procedures and Requirements: Implementing CBMA 19-000173 Harmonized Schedule Update (HSU) 1905 created on April 1, 2019 19-000174 Updated 5106 (TP/TT) CATAIR and Error Dictionary 19-000175 Reminder: Account Management (AM) Universe to be Retired on Thursday, April 4, 2019 04-03-19 19-000176 Reminder: Reconciliation Policy in regards to Post Summary Corrections and Protests 19-000177 Updated ABI Software Vendors List 19-000178 ACE PRODUCTION Cargo Release Deployment, Thurs 4/4/2019 @0500ET 19-000179 Reminder ACE Account Password Reset and Account Restoration Instructions 19-000180 ACE CERTIFICATION deployment, Thursday Apr 4, 2019 @ 0600 ET 04-04-19 19-00 0181 Trade Webinar – 2019 Procedures and Requirements for CBMA 19-000182 Collections Draft CATAIR Chapters Posted Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 23 Date CSMS# Title 04-05-19 19-000183 Update to NMFS Rule: Designated Official List and Certification of Admissibility Form 04-09-19 19-000185 Issue with Manifesting Split Shipments across Multiple Trucks 04-10-19 19-000187 Updated ACE Development and Deployment Schedule Posted to CBP.gov/ACE 19-000188 ACE PRODUCTION 5106-Importer Deployment, Thursday 4/11/2019 @0500ET 19-000189 Denver Port Closed Wednesday, April 10, 2019 04-15-19 19-000191 Updated Drawback CATAIR Posted on CBP.GOV 04-16-19 19-000192 Update: Issue accessing Official Notice of Liquidation, Suspensions and Extension Bulletin [See status document here] 04-17-19 19-000194 Update: Submitting Section 232 Product Exclusions: 2018 Expired HTS 19-000195 New Standard Reports will be Available to Importer & Broker ACE Account Users on 4/18/19 19-000196 Retirement of ESM-10002 Universe Delayed 19-000197 CBP to make trade data more accessible to ACE users [See ITRAC_Transition_Overview.pdf] 04-18-19 19- 000198 Harmonized System Update (HSU) 1906 created on April 18, 2019 19-000199 FDA New CBER Product Codes and Synonyms 19-000200 ACE Portal issues 19-000201 Update: ACE Portal Unavailability; Manifest and Inbond EDI processing also affected 19-000202 Reconciliation Filing-Free Trade Agreements (FTA) 19-000203 Reminders: Reconciliation Policy and Processing 19-000204 Downtime Procedures during ACE Portal Issues 19-000205 New Center ID Objects now available in ACE Reports 19-000206 Product Exclusions on goods from China effective 4/18/19 19-000207 Update: ACE Issues impacting ACE Portal and Manifest Processing 04-19-19 19-000208 Resolved – Product Exclusions on goods from China effective 4/18/19 19-000209 Resolved: Issue accessing Official Notice of Liquidation, Suspensions, Extensions Bulletin 19-000211 CBMA File Naming Conventions for Protests and Non-ABI (Paper) Entries 19-000212 Submitting Imports of Third Group of Products Excluded from Section 301 Duties 04-22-19 19-000213 FDA Downtime 4/27/19 11 PM Eastern through 4/28/19 2 AM Eastern 04-23-19 19-000214 ACE 5106-Importer PRODUCTION deployment, this morning, April 23, 2019 04-24-19 19-000216 Bond Universe and REV-001 Re port Now Available to Importers and Sureties in ACE Reports 04-26-19 19-000218 Reminder: FDA Downtime 4/27/19 11 PM Eastern through 4/28/19 2 AM Eastern 19-000220 ACE CERTIFICATION Deployment, Sat. Apr 27, 2019 @ 2230 19-000221 Update to AESTIR Appendix O – DDTC ITAR Exemption Codes 19-000222 Reconciliation Flagging of Entry Summary types 01, 02 & 06 Issue 04-29-19 19-000223 Transition of Importer Trade Activity (ITRAC) Data to ACE Reports – Information Notice 19-000224 Updated AE CATAIR (Consolidated Express Filings) and Updated ACE Error Dictionary 19-000225 MQ issues impacting multiple trade partners 19-000226 Resolved: MQ iss ues impacting multiple trade partners 04-30-19 19-000227 Update: CSMS# 19-000222-Reconciliation Flagging of Entry Summary types 01, 02 & 06 Issue Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 24 Foreign Trade Zones The following documents were published in the Federal Register by the ForeignTrade Zones Board: FR Date Document 04-01-19 Foreign-Trade Zone 47-Boone County, Kentucky; Notification of Proposed Production Activity; BWF America, Inc. (Textile/Felt Filter Bags and Other Filter Products for Industrial Use), Hebron, Kentucky [B–18–2019] 04-03-19 Foreign-Trade Zone 249— Pensacola, Florida; Notification of Proposed Production Activity; GE Renewables North America, LLC (Wind Turbine Nacelles, Hubs, and Drivetrains); Pensacola, Florida [B-19-2019] 04-05-19 Foreign-Trade Zone 78 – Nashville, Tennessee; Authorization of Production Activity; Calsonic Kansei North America (Automotive Parts), Shelbyville and Lewisburg, Tennessee [B-65-2018] Foreign-Trad e Zone 238 – Dublin, Virginia; Notification of Proposed Production Activity; EBI, LLC (Mattresses and Sofas), Danville, Virginia [B-07-2019] Foreign-Trade Zone 168 – Dallas/Fort Worth, Texas; Notification of Proposed Production Activity; Samsung Electronics America, Inc. (Packaging for Mobiles and Tablets), Coppell, Texas [B-20-2019] 04-08-19 Approval of Expanded Subzone Status; Tesla, Inc., Livermore, California [S-15- 2019] Foreign-Trade Zone 158 – Jackson, Mississippi; Authorization of Production Activity; Calsonic Kansei North America (Automotive Parts), Canton, Mississippi [B-67-2018] Foreign-Trade Zone 23 – Buffalo, New York; Authorization of Production Activity; Panasonic Eco Solutions Solar New York America, Subzone 23E (Crystalline Silicon Photovoltaic Cells), Buffalo, New York [B–68–2018] 04-09-19 Foreign-Trade Zone 136 – Brevard County, Florida; Notification of Proposed Production Activity; Airbus OneWeb Satellites, LLC (Satellites and Satellite Systems); Merritt Island, Flo rida [B-22-2019] Foreign-Trade Zone 291 – Cameron Parish, Louisiana; Notification of Proposed Production Activity; Cheniere Energy Partners, LP (Liquified Natural Gas), Cameron, Louisiana [B-21-2019] Foreign-Trade Zone 281 – Miami, Florida; Application for Subzone; GDI Technology, Inc., Miami, Florida [S-50-2019] 04-16-19 Approval of Subzone Status; WPG Americas Inc., Southaven, Mississippi [S– 23–2019] Foreign-Trade Zone 122—Corpus Christi, Texas; Authorization of Production Activity; Gulf Coast Growth Ventures LLC (Ethylene, Polyethylene and Monoethylene Glycol and Related Co-Products), San Patricio County, Texas [B– 72–2018] Foreign-Trade Zone 38—Mount Pleasant, South Carolina; Notification of Proposed Production Activity; Electrolux Home Products, Inc. (Appliances), Anderson, South Carolina [B–23–2019] 04-17-19 Foreign-Trade Zone 116 — Port Arthur, Texas; Application for Expansion [B-24- 2019] 04-18-19 Foreign-Trade Zone 80 – San Antonio, Texas; Notification of Proposed Production Activity CGT US, Ltd. (Polyvinyl Chloride (PVC) Coated Upholstery Fabric Cover Stock) New Braunfels, Texas [B-25-2019] Foreign-Trade Zone 167 – Green Bay, Wisconsin; Notification of Proposed Production Activity ProAmpac Holdings, Inc. (Flexible Packaging Applications) Neenah and Appleton, Wisconsin [B-26-2019] Foreign-Trade Zone 124 – Gramercy, Louisiana; Application for Subzone Offshore Energy Services, Inc. Broussard, Louisiana [B-27-2019] Approval of Subzone Expansion; Swagelok Company Ravenna, Ohio [S-21- 2019] 04-19-19 Foreign-Trade Zone 52—Suffolk, County, New York; Authorization of Production Activity; LNK International, Inc. (Pharmaceutical Products), Hauppauge, New York [B-70-2018] Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 25 FR Date Document Foreign-Trade Zone 230— Greensboro, North Carolina; Authorization of Production Activity; Patheon Softgels (Pharmaceutical Products), High Point, North Carolina [B-71-2018] 04-26-19 Approval of Exp ansion of Subzone 279A; Thoma-Sea Marine Constructors, LLC, Houma and Lockport, Louisiana [S-29-2019] 04-29-19 Approval of Subzone Status; Lexmark International, Inc., Longmont, Colorado [S-35-2019] 04-30-19 Foreign-Trade Zone 18 – San Jose, California Authorization of Production Activity Bloom Energy Corporation (Commercial Fuel Cells and Related Subassemblies) Sunnyvale and Mountain View, California [B-74-2018] Foreign-Trade Zone 87 – Lake Charles, Louisiana; Authorization of Production Activity Driftwood LNG, LLC (Liquified Natural Gas Processing) Sulphur, Louisiana [B-75-2018] DoD prohibits acquisition of certain magnets and tungsten On April 30, 2019, the Department of Defense, Defense Acquisition Regulations System, published in the Federal Register an interim rule [Docket DARS-2019- 0016] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 that prohibits acquisition of certai n magnets and tungsten from North Korea, China, Russia, and Iran. NRC clarifies export reporting for nuclear facilities, equipment and non-nuclear materials On April 2, 2019, the Nuclear Regulatory Commission (NRC) published in the Federal Register a document [NRC–2018–0113] that states it is issuing a Regulatory Issue Summary (RIS) 2019–01, ”Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials.” This RIS is intended to clarify the reporting requirements for certain exports of nuclear facilities, equipment, and non-nuclear materials. The NRC’s regulations state, in part, that licensees exporting nuclear facilities, equipment, and certain non-nuclear materials under a general or specific license during the previous quarter must submit reports by January 15, April 15, July 15, and October 15 of each year on DOC/NRC Forms AP–M or AP 13, and associated forms. The RIS includes information relating to this reporting requirement and cla rifies that the quarterly reporting requirement is in addition to, and not obviated by, the separate NRC annual reporting requirement in its regulations. The evaluation of comments filed when an opportunity to comment was published (83 Fed. Reg. 26611) on June 8, 2018. and the resulting changes to the RIS are discussed in a publicly available memorandum in ADAMS under Accession No. ML18269A255. The RIS is available as of April 2, 2019. OFAC issues regulations on sanctions for foreign interference with US elections On April 29, 2019, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule adding regulations to implement Executive Order 13848 of September 12, 2018. OFAC is issuing the Foreign Interference in US Elections Sanctions Regulations, 31 CFR part 579 (the “Regulations”), to implement EO 13848, pursuant to authorities delegated to the Secretary of the Treasury in EO 13848. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v 6\WASDMS 26 The Regulations are being published in abbreviated form at this time for the purpose of providing immediate guidance to the public. OFAC intends to supplement part 579 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy. The appendix to the Regulations will be removed when OFAC supplements part 579 with a more comprehensive set of regulations. US will not reissue sanctions waivers for countries importing Iranian oil On April 22, 2019, the Trump Administration announced that the US government will not reissue the significant reduction exceptions (SREs) that have allowed energy companies in China, India, Italy, Greece, Japan, South Korea, Taiwan, and Turkey to purchase Iranian oil without being subject to relevant US sanctions. The current waivers will expire on May 2, 2019. The Trump Administration issued SREs on November 5, 2018, in tandem with the reimpositio n of sanctions targeting Iran, as discussed in our previous blog post here. The SREs are waivers of sanctions that would otherwise be imposed on non-US financial institutions that conduct or facilitate significant transactions with the Central Bank of Iran related to purchases of Iranian petroleum or petroleum products, under Section 1245(d) of the National Defense Authorization Act of Fiscal Year 2012 (NDAA 2012). Section 1245(d) of NDAA 2012 provides for an exception to these sanctions if the President determines that the country with primary jurisdiction over the financial institution has “significantly reduced” its crude oil purchases from Iran. Funds from SRE-exempt transactions must be held in an account in the SRE country and may only be used for bilateral trade between Iran and the SRE country or the purchase of humanitarian goods. Under Executive Order 13846 of August 6, 2018, sanctions on non-US persons who engage in any significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran would not apply to non-US persons in an SRE country. The Trump Administration issued the current SREs to countries deemed to have demonstrated significant reductions in the purchase of Iranian crude oil during the six months preceding November 2018. In its fact sheet about the SRE discontinuation, the Trump Administration stated that oil revenues have helped to finance Iran’s nuclear weapons and ballistic missile programs. Currently, India, China, South Korea, Japan and Turkey continue to import large amounts of Iranian oil. The decision not to reissue the SREs is part of a recent ramp-up of economic pressure on Iran by the Trump Administration, following designation of the Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization, discussed in our blog post here. If you have any questions, please contact the authors, Terence Gilroy, Alexandre (Alex) Lamy and Callie Lefevre, or any member of the US O utbound Trade group with whom you normally work. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 27 Trump Administration to end suspension of Title III of Helms-Burton and impose additional restrictions on Cuba On April 17, 2019, the Trump Administration announced several decisions that mark a significant shift in US policy toward Cuba, most notably by declaring that the United States will no longer suspend Title III of the LIBERTAD Act of 1996, which is also known as the Helms-Burton Act. 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 non-US 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: 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. While the definition of “trafficking” is very broad, it 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 Titl e III is effectively to prevent investment in Cuba by threatening investors with potential lawsuits for trafficking in confiscated property. The universe of potential Title III lawsuits is expansive. It includes potential lawsuits made in connection with the almost 6,000 confiscated property claims that were “certified” by the Department of Justice’s Foreign Claims Settlement Commission (FCSC) under its now-closed Cuba program, which the State Department estimates have a total value of approximately $8 billion with interest. Certification of a claim by the FCSC constitutes conclusive proof of ownership in Title III litigation. The universe of potential Title III lawsuits also includes those made in connection with “uncertified” property claims, which are those held by US nationals but not certified by the FCSC. The State Department estimated in 1996 that there may be between 75,000 and 200,000 such uncertified claims and today estimates that the value of those claims could be in the te ns of billions of dollars. Since its passage in 1996, every US Administration has permitted a Title III cause of action to accrue but has suspended the right to file a lawsuit under Title III for successive six-month periods until February 1, 2019, when the Trump Administration suspended the right to file a Title III lawsuit for only 45 days. On March 4, 2019, Secretary of State Pompeo announced an extension of the suspension to April 17, 2019 that would not, however, apply to Cuban entities and sub-entities included on the Department of State’s List of Restricted Entities and Sub-entities Associated with Cuba (the “Cuba Restricted List,” available here) after March 29, 2019. Please see our prior blog post on this development here. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 28 Finally, on April 17, 2019, the Trump Administration announced that effective May 2, 2019, it would no longer suspend the right to file a lawsuit under Title III. In additio n, the Administration also announced:  the continued implementation of Title IV of the Helms-Burton Act, which has never been suspended and which provides that entry into the United States will be denied to non-US persons who have trafficked in confiscated property to which US nationals own claims;  the addition of five entities owned by the Cuban military to the Cuba Restricted List, which was subsequently updated on April 24, 2019 to include the following:  Hotel Santa Isabel  Hotel El Caney Varadero  Meliá Marina Varadero Apartamentos  Aerogaviota  Diving Center – Marina Gaviota;  a cap on remittances to Cuba;  the prohibition of dollar transactions involving Cuba through third-party financial institutions; and  restrictions on non-family travel to Cuba. With the exception of the additions to the Cuba Restricted List, the details of these changes have not yet been clarified or implemented. The EU Blocking Regulation and Helms-Burton Due to concerns around the extra-territo riality of the Helms-Burton provisions, the European Union brought into force in 1996 Regulation 2271/96 (the “Blocking Regulation”) shortly after the Helms-Burton Act was passed. At a high level, the Blocking Regulation prohibits direct and indirect compliance with certain extraterritorial laws specified in the Annex of the Regulation. This Annex includes Title III. The penalties for violations under the Blocking Regulation vary among different EU Member States. For example, in the UK, compliance with blocked US sanctions, including the Helms-Burton Act, is a criminal offence and can result in an unlimited fine on indictment. In a number of EU Member States, only administrative penalties can be imposed. Overall, across all EU Member States, there has been very limited enforcement of any breaches of the Blocking Regulation. We are not aware of any conviction for breaches of the Blocking Regulation. It is also worth noting that contractual clauses which seek to comply with the blocked US sanctions (and hence violate the Blocking Regulation) would most likely be considered to be unenforceable. In addition to targeting US sanctions against Cuba, the Blocking Regulation also seeks to neutralize the effect of certain sanctions against Iran. Please see our prior blog entries on the operation of the Blocking Regulation in this context here and here. The Canadian Foreign Extraterritorial Measures Act and Helms-Burton Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 29 On October 9, 1992, Canada issued the Foreign Extraterritorial Measures (United States) Order, 1992 (the “Order”) under the Foreign Extraterritorial Measures Act (FEMA). The Order makes it an offence for Canadian corporations to comply with the US laws against Cuba. A “Canadian corporation” is defined as a corporation that is registered or incorporated under the laws of Canada or of a province and that carries on business in whole or in part in Canada. After the passage of the Helms-Burton Act, Canada made further amendments to FEMA that took effect on January 1, 1997. Those amendments, as they would apply to actions commenced under Title III, allow the Attorney-General of Canada to:  issue “blocking” orders declaring that judgments handed down under Title III would not be enforced or recognized in Canada;  issue orders restricting or prohibiting the production of records or the giving of information in Canada in relation to the enforcement of Title III actions in the United States; and  allow Canadians to recover in Canadian courts any amounts awarded under Title III rulings, along with their own court costs in Canada and in the United States. This measure is known as “clawback”. The implementation of Title III could have significant implications for certain Canadian companies. For example, Canadian companies who are found by a US federal district court to be “trafficking” in “confiscated property” may be subject to significant damage awards. While the e nforceability of such awards against assets located in Canada is questionable, given the FEMA and the Order, assets of Canadian corporations located in the United States are at risk. As a result of the heightened scrutiny around Cuba, Canadian companies should be closely reviewing any activities related to Cuba and their potential exposure to Title III claims in the United States. Similarly, any urge simply to “comply with US law” must be tempered by the Order, which Canadian corporations must abide by. Evaluating Risks and Options Companies that operate in or with Cuba may be at risk under Title III if their activities utilize confiscated property, whether directly or indirectly. Such companies should consider:  Analyzing which parts of their Cuba-related business may touch on confiscated property and assessing whether those contacts are direct or indirect;  Reviewing the terms under which they engage in Cuba-related business to determine options to terminate such business on short notice, potential financial consequences of such termination, and the possible application of blocking statutes in certain jurisdictions;  Assessing the possibility of using “claw-back” provisions if they are based in a jurisdiction that has instituted blocking statutes against the Helms-Burton Act; and  Instituting additional protective measures for ongoing or future Cuba-related activities, such as obtaining representations and warranties and remedies for breach, from partners, suppliers, vendors and other counterparties in Cuban transactions, confirming the absence of — or requiring the disclosure of — confiscated property that may be implicated. For additional information, please contact the authors: Janet K. Kim, Paul D. Burns, Sunny Mann, Brian Cacic, Lise S. Test, Daniel Andreeff or any Baker Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 30 McKenzie attorney with whom you normally work on trade sanctions and related issues. State revises ITA R for government transfers On April 19, 2019, the Department of State published in the Federal Register a final rule [Public Notice: 10363] amending the International Traffic in Arms Regulations (ITAR) to revise the licensing exemption for transfers made by or for an agency of the US Government. The final rule revises ITAR § 126.4 to clarify when exports, reexports, retransfers, temporary imports, and performance of a defense service (collectively described as “transfers”) may be made by or for an agency of the US Government without a license, including by employees of the US Government in the performance of their official duties. The rule expands the scope of this exemption to allow for permanent exports, reexports, and retransfers, in addition to temporary exports and imports, and to allow transfers by third parties acting for the US Government. In addition, the rule revises the section heading from shipments to transfers to reflect the scope of the exemption. State updates List of E ntities and Subentities Associated with Cuba (Cuba Restricted List) On April 24, 2019, the Department of State published in the Federal Register a notice updating its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under §515.209 of the Cuban Assets Control Regulations (CACR). This Cuba Restricted List is also considered during review of license applications submitted to the Commerce’s Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR). BIS will generally deny applications to export or re-export items for use by entities or subentities identified on the Cuba Restricted List. This update includes five additional subentities. This is the third update to the Cuba Restricted List since it was published November 9, 2017 (82 Fed. Reg. 52089). The first update of 26 additional subentities and five amendments was published November 15, 2018 (see 8 3 Fed. Reg. 57523), and the second update of five additional subentities was publish March 9, 2019 (see 84 Fed. Reg. 8939). OFAC designates Central Bank of Venezuela and other Venezuelan and Nicaraguan parties, issues and amends Venezuelan General Licenses, and issues FAQ On April 17, 2019, the US Treasury Department’s Office of Foreign Assets Control (OFAC) continued its escalation of sanctions against Venezuela and Nicaragua through the designation of additional parties as Specially Designated Nationals (SDNs). OFAC issued two Venezuelan general licenses (GLs), amended certain Venezuelan GLs, and issued one FAQ, as further described below. A summary of OFAC’s measures is available here, and a related press release issued by the White House is available here. As a result of 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 wit h SDNs and any entities 50 percent 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 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 31 under the sanctions if they “cause” SDN-related transactions to occur in whole or in part in the United States. Developments under US Sanctions Targeting Venezuela OFAC designated state-owned and controlled bank Banco Central de Venezuela, or the Central Bank of Venezuela, pursuant to Executive Order (EO) 13850 of November 1, 2018, as amended by EO 13857 of January 25, 2019, for operating in the financial sector of the Venezuelan economy. In addition, OFAC designated the Central Bank of Venezuela’s Director, Iliana Josefa Ruzza Terán under EO 13692 of March 8, 2015, as amended, for being a Venezuelan Government official. OFAC’s press release on the Venezuelan designations acknowledge that the designation will inhibit most Central Bank of Venezuela activities undertaken by the illegitimate Maduro regime, but states that the US Government has taken steps to ensure regular debit and credit card transactions, personal remittances, and humanitarian assistance can continue. To that end, OFAC also issued two new GLs authorizing certain transactions related to the Central Bank of Venezuela, and amended five other GLs, as summarized below. These descriptions are not exhaustive; each GL should be reviewed in detail before relying on the authorizations contained therein. The two new GLS are as follows:  GL 19 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 April 17, 2019, and involve the Central Bank of Venezuela. (Valid through May 16, 2019.)  GL 20 aut horizes all transactions and activities that are for the official business of the following entities listed below:  CAF Development Bank of Latin America  Fondo Latinoamericano de Reservas  Inter-American Development Bank  International Committee of the Red Cross  International Federation of the Red Cross and Red Crescent Societies  International Monetary Fund  Organization of American States  United Nations and its specialized agencies, programs, funds, and related organizations  World Bank GL 20 automatically renews on the first day of each month, and is valid for a period of 18 months from the effective date of GL 20 (ie, 18 months from April 17, 2019 or October 17, 2020) or the day of any subsequent renewal of GL 20, whichever is later. OFAC amended the following five GLs:  GL 3D and GL 9C were re-issued as GL 3E and GL 9D to explicitly reference the application of the GLs in connection with the Central Bank of Venezuela. The amended licenses extend the expiration 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 3E (“GL 3E Bonds”) and trades in certain securities Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 32 from May 10, 2019 to September 30, 2019. GL 3E also clarifies that GL 3E does not authorize US Persons to sell, or to facilitate in the sale of, the GL 3E Bonds to, directly or indirectly, any person whose property and interests in property are blocked pursuant to EO 13850, including the Central Bank of Venezuela, Petróleos de Venezuela SA (“PdVSA”), or any entities in which the Central Bank of Venezuela or PdVSA owns, directly or indirectly, a 50 percent or greater interest. (Valid through September 29, 2019). Our prior blog posts on the earlier GLs, including the scope of these GLs, are here, here, here, here, and here.  GL 4A was re-issued as GL 4B. GL 4B continues to authorize US Persons to engage in certai n 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 4B now authorizes such transactions where the Central Bank of Venezuela is involved. These exports and reexports must be licensed or otherwise authorized under the Export Administration Regulations, 15 CFR Parts 730-774. (No expiration date.) Our prior blog posts on the earlier GLs are here and here.  GL 15 was reissued as GL 15A and has been amended to add the Central Bank of Venezuela and its subsidiaries to the list of entities authorized to transact with the following companies: (i) MasterCard Incorporated, (ii) Visa Inc., (iii) American Express Company, (iv) Western U nion Company, and (v) MoneyGram International. (Valid through March 21, 2020).  GL 16 was re-issued as GL 16A. GL 16A has been amended to authorize all transactions and activities ordinarily incident and necessary to processing personal remittances with the Central Bank of Venezuela. (Valid through March 21, 2020). However, GL 16A does not authorize maintaining, operating, or closing accounts of the Central Bank of Venezuela although GL 16A continues to authorize maintaining, operating, or closing accounts of the other banks within the scope of this GL. Lastly, OFAC issued a new FAQ 665, which clarifies that due to the amendments to the GLs and the issuance of a new GL (GL 20), the designation of the Central Bank of Venezuela does not restrict the ability of US Persons to engage in or facilitate the provision of humanitarian assistance or non-commercial, personal remittances to Venezuela. Developments under US Sanctions Targeting Nicaragua OFAC also designated Laureano Ortega Murillo, the son of Nicaraguan President Daniel Ortega, as well as Nicaraguan bank Banco Corporativo SA (“BanCorp”) under EO 13851 of November 27, 2018. OFAC’s press release states that the designations were made for the parties’ continued support of the Ortega regime, which continues to engage in corruption, violence, and human rights violations. In the same press release, OFAC noted that BanCorp, as a subsidiary of Albanisa, is ultimately owned by PdVSA, and thus was already blocked due to the application of the 50 percent rule following the designation of PdVSA on January 28, 2019. If you have any questions, please contact one of the authors, Nicholas F. Coward, Eunkyung Kim Shin and Meghan Hamilton or any member of the US Outbound Trade group with whom you normally work. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 33 Trump Administration designates Iran’s Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization On April 8, 2019, the Trump administration escalated pressure on Iran by announcing its plan to designate1 the Islamic Revolutionary Guard Corps (IRGC) as a Foreign Terrorist Organization (FTO) under Section 219 of the Immigration and Nationality Act. The designation marks the first time the United States has branded a foreign government military entity a terrorist group. In retaliation, Iran designated US forces in the Middle East as a terrorist group. The designation of the IRGC as an FTO only has limited additional US sanctions compliance impact given that the IRGC is already listed on the Specially Designated Nationals and Blocked Persons List (SDN List) under a number of sanctions authorities. Most recently, the IRGC was designated under the Global Terrorism Sanctions Regulations. See our prior blog post on this designation here. The IRGC is also blocked under Executive Orders 13382 (relating to WMD proliferation), 13553 (Iranian human rights abuses), 13606 (Iranian and Syrian human rights abuses via informa tion technology), and 13224 (counterterrorism). The FTO designation has the following additional consequences:  Material Support or Resources. The FTO designation makes it a crime to provide “material support or resources” to the IRGC including any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who maybe or include oneself), and transportation, except medicine or religious materials.  The Justice Department said Monday it would support the Administration’s efforts in designating the IRGC as an FTO. The IRGC is involved in a wide range of projects in various sectors of Iran’s economy, including construction, automotive, telecommunications, and energy. The IRGC’s designation as an FTO could exp ose parties subject to the jurisdiction of the United States and engaged in transactions with the IRGC to criminal prosecution for providing material support to the IRGC.  Inadmissible and Removable. Representatives and members of the IRGC, if they are aliens (ie, non-US citizens or nationals), are inadmissible to and, in certain circumstances, removable from the United States.  Blocking. Upon notification to Congressional leaders, the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of IRGC included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court. This blocking requirement overlaps with existing blocking requirements pursuant to the IRGC’s listing on the SDN List. For additional information, contact the authors, Andrea Tovar, Inessa Owens or Paul E. Amberg, or any member of the Outbound Tra de group with whom you normally work. 1/ On April 15, 2019, the State Department published in the Federal Register a notice entitled, In the Matter of the Designation of the Islamic Revolutionary Guard Corps (and Other Aliases) as a Foreign Terrorist Organization [Public Notice: 10735], which designates the IRGC under various names as an FTO. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 34 BIS revises Unverified List (UVL) On April 11, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 190130021–9021–01] amending the Export Administration Regulations (EAR) by adding fifty (50) persons to the Unverified List (UVL), removing ten (10) persons, and adding an additional address for one (1) person currently listed on the UVL. The fifty persons are added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the US Government’s control. BIS is adding a new address for one person as BIS has determined that this person is receiving exports from the United States at an additional address. 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): FR Date Applicable orders 04-15-19 STATE: In the Matter of the Designation of the Islamic Revolutionary Guard Corps (and Other Aliases) as a Foreign Terrorist Organization [Public Notice: 10735] (N) 04-16-19 OFAC: Notice of OFAC Sanctions Actions (N) [1 individual, 2 entities] 04-19-19 OFAC: Notice of OFAC Sanctions Action (N) [1 individual] OFAC: Notice of OFAC Sanctions Actions (N) [2 individua ls] OFAC: Notice of OFAC Sanctions Actions (N) [7 individuals, 1 entity] 04-24-19 STATE: Updating the State Department’s List of Entities and Subentities Associated with Cuba (Cuba R estricted List) [Public Notice 10741] (N) Orders denying export privileges During the past month, the following orders were published: FR Date Subject 04-01-19 In the Matter of: Arnoldo Antonio Arredondo … Order Denying Export Privileges In the Matter of: Mohan L. Nirala, … Order Denying Export Privileges Treasury, Commerce, Homeland Security and State meetings and notices related to trade AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE. [Note: Only meetings which occur after scheduled distribution of this Update are listed.] FR Date Subject 04-01-19 BIS: Technical Advisory Com mittees; Notice of Recruitment of Members (N) 04-04-19 ITA: Call for Applications for the International Buyer Program Quarter 4 Calendar Year 2019 [Docket No.: 190319246-9246-01] (N) 04-09-19 ITA: Announcement of May through November 2019 International Trade Administration Trade Missions (N) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 35 FR Date Subject 04-12-19 ITA: Renewable Energy and Energy Efficiency Advisory Committee (N/H) [May 7, 2019] 04-15-19 BIS: Submission for OMB Review; Comment Request: Chemical Weapons Convention Declaration and Report Handbook and Forms [OMB Control No,: 0694- 0091] (N) 04-19-19 STATE: 60-Day Notice of Proposed Information Collection: Application for the Permanent Export, Temporary Export, Temporary Import, or Brokering of Defense Articles, Defense Services, and Related Technical Data [Public Notice: 10728] (N/RFC) ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [May 6, 2019] NIST: Visiting Committe e on Advanced Technology (N/H) [June 4, 2019] 04-22-19 ITA: Notice of Charter Renewal of the US Investment Advisory Council and Soliciting Nominations for Members (N) 04-24-19 ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N/H) [May 15, 2019] 04-25-19 BIS: Materials Technical Advisory Committee; Notice of Open Meeting (N/H) [May 9, 2019] BIS: Materials Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [May 9, 2019] TREASURY: Agency Information Collection Activities; Submission for OMB Review;评论请求； Financial Recordkeeping and Reporting of Currency and Report of Foreign Bank and Financial Accounts [OMB Control No.: 1506- 0009] [FinCEN Form 114] 04-29-19 STATE: Meeting of the United States-Korea Environmental Affairs Council and Environmental Cooperation Commission [Public Notice: 10752] (N) [May 13, 14] 04-30-19 OFAC: Proposed Collection; Comment Request for Remittance Forwarding Services and Travel and Carrier Services to Cuba [OFA C-2019-0002 and OMB Control Numbers 1505-0167 and 1505-0168] (N) ITA: Submission for OMB Review; Comment Request – Interim Procedures for Considering Requests from the Public under the Textile and Apparel Safeguard Provision of the United States- Korea Free Trade Agreement [OMB Control No.: 0625-0269] (N) FTC and CPSC Federal Register documents The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month: FR Date Subject 04-09-19 CPSC: Petition Requesting Rulemaking to Amend Safety Standard for Walk-Behind Power Lawn Mowers [Docket No. CPSC-2019-0007] (PR) 04-23-19 CPSC: Request for Information About Possible Exemptions From Testing and Other Changes to the Standard for the Flammability of Clothing Textiles [Docket No. CPSC–2019–0008] (RFI) TTB and ATF announcements and Federal Register documents The Alcohol and Tobacco Tax and Trade Bureau (TTB) or the Bu reau of Alcohol, Tobacco, Firearms, and Explosives (ATF) have posted the following information or regulatory actions of interest to international traders : Date Subject 04-01-19 ATF: Removal of Expired Regulations Concerning Commerce in Firearms and Ammunition and Machine Guns, Destructive Devices, and Certain Other Firearms [Docket No. ATF 2014R–42; AG Order No. 4419–2019] (FR) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 36 Date Subject 04-08-19 ATF: Removal of Expired Regulations [Docket No. ATF 2017R-21; AG Order No. 4425-2019] (FR) 04-11-19 TTB: Civil Monetary Penalty Inflation Adjustment—Alcoholic Beverage Labeling Act [Docket No. TTB–2019–0002; Notice No. 180] (N) 04-25-19 TTB: Industry Circular 2019-1, Hemp Ingredients in Alcohol Beverage Formulas FDA posts overview of new SUPPORT Act authority On April 12, 2019, the US Food and Drug Administration (FDA) posted on its website an Overview of the SUPPORT Act Provisions Related to Imports. The SUPPORT (Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment [SUPPORT] for Patients and Communities) Act was enacted on October 24, 2018. The overview states that: This new law grants FDA additional import authorities that FDA believes will meaningfully advance efforts to stop illegal and unsafe drugs from being imported into the United States. For example, the SUPPORT Act includes:  Improvements to the infrastructure and resources of International Mail Facilities (IMFs);  Authority to treat an FDA-regulated article as a drug if that article contains an active ingredient that is found in an FDA-approved drug or licensed biologic, and the ingredient presents a significant public health concern;  Authority for FDA to debar people who have been convicted of a felony involving illegal importation of drugs or controlled substances, or who have engaged in a pattern of illegally importing controlled substances or certain adulterated or misbranded drugs; and  Auth ority for FDA to treat any imported drugs as illegal from a person who has engaged in a pattern of importing adulterated or misbranded drugs if the shipments are from the same manufacturer, distributor, or importer. FDA and CBP sign agreement to improve public health and safety On April 4, 2019, the US Food and Drug Administration (FDA) announced that the FDA and US Customs and Border Protection (CBP) leaders signed an agreement to maximize inspection and detection capabilities in order to prevent illegal and harmful products entering the US through the nation’s International Mail Facilities (IMFs) and Ports of Entry that pose a threat to public health. Through this joint effort, each agency will work toward enhancing knowledge-transfer to increase efficiency, reduce duplication of efforts and facilitate mission responsibilities. Collaboration on shared laboratory space, scientific equipment and facilities, along with intellectual, historical and institutional knowledge will optimize t he resources at each agency’s disposal. The announcement said in part: Most mail arrives in an IMF without advanced or specific identifying information. The FDA uses advanced screening technology to assess the contents of these packages and to increase efficiency of the agency’s overall investigational capabilities. The FDA and CBP will expand how information is shared between the agencies to identify trends which can target future entries. This may include general data points on frequent countries of origin, as well as specific products and volumes of packages at each location. An additional focus of this effort will be coordinating shared space as well as increased scientific presence at high-risk/high-volume IMF locations, helping to facilitate and support real-time entry decisions and increased data sharing. Additionally, the FDA and CBP will enhance coordination around efforts to identify violative packages and develop new targeting and enforcement strategies at Ports of Entry. Ba ker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 37 In Fiscal Year 2018, FDA staff posted at the IMFs around the country examined packages from more than 180 countries. Approximately 90 percent of the packages reviewed by the FDA contained products that should not have been entering the country. There are currently nine IMF locations across the US, with one location in Florida, Hawaii, Illinois, New Jersey, New York, Puerto Rico, US Virgin Islands respectively and two locations in California. CBP provides security and facilitation operations at 328 Ports of Entry throughout the country. FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders: FR Date Subject 04-01-19 Reinstatement of Color Additive Listing for Lead Acetate [Docket No. FDA– 2017–C–1951] (FR) 04-02-19 Implementing the Food and Drug Administration Food Safety Modernization Act; Technical A mendment [Docket Nos. FDA–2011–N–0920, FDA– 2011–N–0921, and FDA–2011–N–0922] (FR) 04-03-19 Scientific Data and Information About Products Containing Cannabis or Cannabis-Derived Compounds; Public Hearing; Request for Comments [Docket No. FDA–2019–N–1482] (N/H/RFC) Beverages: Bottled Water [Docket No. FDA–2018–N–1815] (PR) 04-09-19 Modifications to Compliance Policy for Certain Deemed Tobacco Products; Extension of Comment Period [Docket No. FDA-2019-D-0661] (N/E) 04-12-19 Safety and Effectiveness of Consumer Antiseptic Rubs; Topical Antimicrobial Drug Products for Over-the-Counter Human Use [Docket No. FDA–2016–N– 0124 (formerly part of Docket No. FDA–1975–N–0012)] (FR) 04-18-19 Listing of Color Additives Exempt From Certification; Synthetic Iron Oxide; Confirmation of Effective Date [Docket No. FDA-2017-C-6238] (FR) Sunscreen Drug Products for Over-the-Counter Human Use; Extension of Comment Period [Docket No. FDA-1978-N-0018 (formerly Docket No. FDA-1978-N0038)] (PR/E) Sunscreen Dru g Products for Over-the-Counter Human Use; Correction [Docket No. FDA-1978-N-0018 (formerly Docket No. FDA-1978-N-0038)] (PR/C) The Declaration of Allulose and Calories from Allulose on Nutrition and Supplement Facts Labels: Draft Guidance for Industry; Availability [Docket No. FDA2019-D-0725] (N) 04-24-19 Initiation of Voluntary Recalls Draft Guidance for Industry and Food and Drug Administration Staff; Availability [Docket No. FDA-2018-D-2074] (N) APHIS and other USDA notices issued During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]: FR Date Subject 04-05-19 FSIS: Eligibility of Honduras to Export Poultry Products to the United States [Docket No. FSIS -2017-0026] (FR) 04-09-19 AMS: Mango Promotion, Research and Information Order; Referendum on Inclusion of Frozen Mangos [Document Number AMS-SC-18-0023C] (N) FSIS: Availability of FSIS Food Product Dating Fact Sheet [Docket No. FSIS2019-0009] (N) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 38 FR Date Subject 04-10-19 APHIS: Notice of Availability of an Environmental Assessment; Importation of Plants in Approved Growing Media Into the United States [Docket No. APHIS– 2018–0101] (N/RFC) 04-12-19 AMS: Paper and Paper-Based Packaging Promotion, Research and Information Order; Change in Membership and Nominations [Document Number AMS–SC– 18–0072] (PR) FSIS: Publication Method for Lists of Foreign Countries Eligible To Export Meat, Poultry, or Egg Products to the United States [Docket No. FSIS–2018–0027] (PR) 04-17-19 APHIS: Notice of Proposed Revision to Import Requirements for the Importation of Fresh Fragrant Pears From China Into the United States [ Docket No. APHIS2017-0103] (N) FSIS: Rescission of Dual Labeling Requirements for Certain Packages of Meat and Poultry [Docket Number FSIS-2018-0012] (PR) 04-18-19 AMS: Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida and Imported Grapefruit; Change in Grade and Size Requirements [Doc. AMS-SC18-0046; SC18-905-3 FR] (FR) 04-19-19 AMS: United States Standards for Grades of Processed Vegetables [Document No. AMS–FV–14–0088, SC– 19–328] (F notice) 04-24-19 AMS: Mushroom Promotion, Research, and Consumer Information Order; Reallocation of Council Membership [Document No. AMS-SC-18-0009] (FR) [provide for equitable representation of producers and importers] 04-26-19 APHIS: User Fees for Agricultural Quarantine and Inspection Services [Docket No. APHIS-2013-0021] (Interpretive Rule/RFC) 04-29-19 FSIS: The Public Health Information System (PHIS) Export Component Fee [Docket No. FSIS–2018–0039] (N) 04-30-19 AMS: National Organic Program: Amendments to the National List of Allowed and Prohibited Substances for 2017 NOSB Recommendations (Livestock and Handling) [Document No. AMS-NOP-17-0080; NOP-17-09] (FR) AMS: 2019 Rates Charged for AMS Services [Document No. AMS-LP-19-0022] (N) CITA requests comments on a commercial availability request under the US-Morocco Free Trade Agreement On April 18, 2019, the Committee for the Implementation of Textile Agreements (CITA) published in the Federal Register a request for public comments concerning a request from the Government of Morocco (GOM) for modification of the USMorocco Free Trade Agreement (USMFTA) rules of origin for women’s or girls’ swimwear made from certain knit fabric. The GOM is requesting that the United States and Morocco (“the Parties”) consider revising the rules of origin for women’s or girls’ swimwear to address availability of supply of certain knit fabric in the territories of the Parties. The President of the United States may proclaim a modification to the USMFTA rules of origin for textile and app arel products after the United States reaches an agreement with the GOM on a modification under Article 4.3.6 of the USMFTA to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. CITA is soliciting public comments on this request, in particular with regard to whether certain knit fabric can be supplied by the US domestic industry in commercial quantities in a timely manner. Comments must be submitted by May 20, 2019. 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: Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 39 FR Date Subject 04-01-19 ENERGY: Energy Conservation Program: Energy Conservation Standards for General Service Lamps [EERE–2018–BT–STD–0010] (PR/E) 04-02-19 ENERGY: Energy Conservation Program for Appliance Standards: Proposed Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment [EERE–2017–BT–STD–0062] (N/H/E) ENVIRONMENTAL PROTECTION AGENCY (EPA): Metrafenone; Pesticide Tolerances [EPA–HQ–OPP–2017–0616; FRL–9987–14] (FR) EPA: Zoxamide; Pesticide Tolerances [EPA–HQ–OPP–2017–0665; FRL– 9987–27] (FR) EPA: 2-methyl-2-[(1-oxo-2-propenyl)amino]- 1-propanesulfonic acid monosodium salt polymer with 2-propenoic acid, 2- methyl-, C12-16 alkyl esters; Tolerance Exemption [EPA–HQ–OPP–2018–0058; FRL–9988–62] (FR) NUCLEAR REGULATORY COMMISSION (NRC): Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials [NRC–2018–0113] 04-03-19 NATIONAL MARINE FISHERIES SERVICE (NMFS), NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA): Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region [NOAA-NMFS-2019-0020] (N/RFC) 04-04-19 EPA: Certain New Chemicals; Receipt and Status Information for October 2018 [EPA-HQ-OPPT-2018-0409; FRL-9990-57] (N) NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standards; Glazing Materials [Docket No. NHTSA-2019-0024] (PR/W) 04-05-19 EPA: Significant New Use Rules on Certain Chemical Substances [EPA-HQOPPT-2017-0575; FRL-9991-19-OCSPP] (FR) EPA: 2-Hydroxypropyl Starch; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2018-0613; FRL-9991-13] (FR) JUSTICE: Civil Monetary Penalties Inflation Adjustment [Docket No. OAG 148; AG Order No. 4424-2019] (FR) 04-08-19 DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Substances: Extension of Temporary Placement of 5FADB, 5F-AMB, 5FAPINACA, ADB-FUBINACA, MDMB-CHMICA and MDMBFUBINACA in Schedule I of the Controlled Substances Act [Docket No. DEA-446] (TR) DEA: Schedules of Controlled Substances: Placement of 5F-ADB, 5F-AMB, 5FAPINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA in Schedule I [Docket No. DEA-446] (PR) EPA: Flonicamid; Pesticide Tolerances [EPA-HQ-OPP-2018-0273; FRL-9990- 52 (FR) US FISH AND WILDLIFE SERVICE (FWS): Endangered and Threatened Wildlife and Plants; Adding 16 Species, Removing One Species, and Updating Entries for 17 Species on the List of Endangered and Threatened Wildlife [Docket No. FWS–HQ–ES–2018–0096; 4500030113] (FR/CO) 04-09-19 ENERGY: Energy Conservation Program: Energy Conservation Standards for Small Electric Motors [EERE-2019-BT-STD-0008] (RFI) 04-10-19 EPA: Certain New Chemicals; Receipt and Status Information for November 2018 [EPA–HQ–OPPT–2018–0410; FRL–9990–58] (N) EPA: Certain New Chemicals; Receipt and Status Information for December 2018 [EPA–HQ–OPPT–2018–0411; FRL–9990–59] EPA: Certain New Chemicals; Receipt and Status Information for January 2019 [EPA–HQ–OPPT–2019–0075; FRL–9991–20] (N) 04-11-19 EPA: Fenazaquin; Pesticide Tolerances [EPA–HQ–OPP–2017–0673; FRL– 9990–02] (FR) 04-12-19 EPA: Polyvinyl Acetate—Polyvinyl Alcohol Copolymer; Tolerance Exemption [EPA–HQ–OPP–2018–0546; FRL–9987–46] (FR) NRC: Harmonization of Transportation Safety Requirements With IAEA Standards [NRC–2016–0179] (Draft Reg./RFC) 04-15-19 EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA–HQ–OPP–2019–0039; FRL–9991–16] (N) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 40 FR Date Subject 04-16-19 DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Substances: Temporary Placement of 5F-EDMBPINACA, 5F-MDMB-PICA, FUBAKB48, 5F-CUMYL-PINACA, and FUB-144 into Schedule I [Docket No. DEA– 491] (Temp. Order) US FISH AND WILDLIFE SERVICE (FWS): Civil Penalties; 2019 Inflation Adjustments for Civil Monetary Penalties [Docket No. FWS–HQ–LE–2018–0117; FF09L00200–FX–LE18110900000] (FR) 04-19-19 DEA: Chemical Names of Previously Controlled Fentanyl-Related Substances [Docket No. DEA–476] (N) EPA: Significant New Use Rules on Certain Chemical Substances (19-1) [ EPA–HQ–OPPT–2018–0772; FRL–9992–42] (PR) EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA–HQ–OPP–2019–0041; FRL– 9991–14] (N) 04-23-19 ENERGY: Energy Conservation Program: Test Procedures for Small Electric Motors and Electric Motors [EERE–2017–BT–TP–0047] (PR/RFC) EPA: Bacteriophage Active Against Xylella fastidiosa; Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–2017–0593; FRL–9991–86] (FR) 04-25-19 ENERGY: Energy Conservation Program: Data Collection and Comparison with Forecasted Unit Sales of Five Lamp Types [EERE-2011-BT-NOA-0013] (N) EPA: Restrictions on Discontinued Uses of Asbestos; Significant New Use Rule [EPA–HQ–OPPT–2018–0159; FRL–9991–33] (FR) The United States wins some, loses some in the WTO’s decision on zeroing On April 9, 2019, the World Trade Organization released the Panel Report in United States – Anti-Dumping Measures Applying Differential Pricing Methodology to Softwood Lumber from Canada, WT/DS534/R. The decision addresses particular aspects of the US Department of Commerce’s methodology for calculating antidumping duties under the Antidumping Agreement (the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994). In some ways, the decision reiterates already-established principles – for example, Commerce may address perceived “targeted dumping” through the use of “zeroing” in its calculations. In other ways, the decision sets up changes that may be necessary in the margin calculations. After the 60-day period for appeal passes, it will be clearer whether the decision will affect future proceedings and if there is a new avenue for foreign producers to challenge Commerce’s practice domestically. The idea behind “targeted dumping” is that a foreign producer could mask its dumping by selectively selling at dumped prices to specific customers or regions or over particular timeframes. To address that possibility, Commerce has em ployed a number of methodologies over the years that allow it to “zero,” where non-dumped (higher-priced) sales are set to zero, while dumped sales are counted in the calculation. (The overall effect of which tends to increase the dumping rate considerably.) Currently, Commerce assesses targeted dumping in two steps under its so-called differential pricing methodology. In the first step, it uses a coefficient (Cohen’s d) to determine whether the weighted average prices in a test group differ significantly from those in a comparison group. It is worth noting that “differ” for Commerce here means higher or lower, as opposed to capturing only the lower prices. Commerce’s groups align with the categories in the WTO Antidumping Agreement (purchasers, regions, or time periods). In the second step, Commerce takes all export transactions that passed the Cohen’s d test and aggregates them to identify a single pattern in the “ratio test.” Baker McKenzie International Trade Compliance Update | Ma y 2019 8465028-v6\WASDMS 41 What did the Panel say? The Panel highlighted the second step of the differential pricing methodology – the aggregation step – and found it problematic. According to the Panel, when Commerce aggregates the export transactions in this way, it no longer has an identified pattern of targeting by purchaser, regions, or time periods. It has a single pattern across all categories. Without the identified pattern, the use of zeroing raises concerns. The Panel went on to green light Commerce’s practice where it did identify the more specific patterns. In those cases, Commerce is free to use zeroing to address the perceived risk of targeted dumping. What Do You Need To Know? For companies with current antidumping or countervailing duty proceedings before Commerce, do not expect an announced change to the differential pricing methodology or practices. However, keep in mind that this Panel decision is critical of Commerce’s differential pricing methodology, which it cur rently uses in all ongoing investigations and reviews. The decision instructs that Commerce should apply its differential pricing methodology such that the second step – the ratio test – is assessed across customer, region, and time period categories. This analysis should be done before Commerce can lawfully apply zeroing. As noted, if Commerce identifies a pattern of targeted dumping within the specific categories, then zeroing is alive and well. That has been the state of the law for several years, where, although the WTO has found Commerce’s widespread application of zeroing to be inconsistent with the United States’ WTO commitments, it is permitted to address targeted dumping. The timing of this decision is also noteworthy – as the United States and Canada attempt to ratify their new trade deal with Mexico and tensions continue over the US tariffs on aluminum and steel. Canada has indicated it will appeal the decision. The US also has 60 days to decide whether to appeal the decisio n. If you have questions about this decision or its implication on US antidumping duty calculations, please reach out to Christine Streatfeild, Kevin O’Brien, or your Baker & McKenzie attorney. 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 (dd-mm-yy)]. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 42 BO Date Subject 01-04-19 FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP) GENERAL DIRECTORATE OF CUSTOMS (DGA): General Resolution 4445/2019 – RESOG-2019-4445-E-AFIPAFIP – Mercosur Common Nomenclat ure (NCM). Tariff classification of merchandise in the aforementioned nomenclature, in accordance with the procedure provided for in General Resolution No. 1.618. AFIP-DGA: General Resolution 4446/2019 – RESOG-2019-4446-E-AFIP-AFIP – Mercosur Common Nomenclature (NCM). Tariff classification of merchandise in the aforementioned nomenclature, in accordance with the procedure provided for in General Resolution No. 1.618. AFIP: General Resolution 4450/2019 RESOG-2019-4450-E-AFIP-AFIP – Import and Export Regime by PSP / Courier Postal Service Providers. Resolution No. 2,436 / 96 (ANA), its amendments and complementary. General Resolutions N ° 3,916 and N ° 4,259. Its replacement. AFIP: General Resolution 4451/2019 – RESOG-2019-4451-E-AFIP-AFIP – “Authorized Economic Operator” Program (OAS). Resolution No. 4.150.替代品。 AFIP: General Resolution 4452/2019 – RESOG-2019-4452-E-AFIP-AFIP – Simplified optional regime of import for consumption for the national inhabitants with permanent residence in border areas in the international passes Aguas Blancas and Puerto Las Chalanas. Its implementation 03-04-19 Decree 243/2019 – DECTO-2019-243-APN-PTE – Exemption for one (1) amphibious dredge and its respective accessories , spare parts, tools and manuals of corresponding technical specification 04-04-19 AFIP: General Resolution 4455/2019 – RESOG-2019-4455-E-AFIP-AFIP – Regulation of plant health and quality controls. Resolution No. 2,013 / 93 (ANA) and its amendments. Its modification AFIP: General Resolution 4454/2019 – RESOG-2019-4454-E-AFIP-AFIP – Export. Merchandise included in Item 41.01 of the Harmonized Commodity Description and Coding System. General Resolution No. 3,523. Its repeal 09-04-19 AFIP: General Resolution 4457/2019 – RESOG-2019-4457-E-AFIP-AFIP – Customs Regime in Factoría (RAF). General Resol ution N ° 1.673, its amendments and complementary. Modification MINISTRY OF PRODUCTION AND LABOR (MPYT) – INDUSTRY SECRETARIAT: Resolution 54/2019 – RESOL-2019-54-APN-SIN # MPYT Re: Special customs and tax regime for Tierra del Fuego Antarctica South Atlantic Islands. 10-04-19 AFIP and MPYT: Joint General Resolution 4458/2019 – RESGC-2019-4458-EAFIP-AFIP – Simplified Export Regime “Exporta Simple”. Joint Resolution No. 4,049 (MP and AFIP). its replacement. MPYT: Resolution 33/2019- RESOL-2019-33-APN-SCE # MPYT re: drawback 12-04-19 MPYT: Resolution 242/2019 RESOL-2019-242-APN-MPYT – Establishing rules for Import Regime for Integrating Goods of Large Investment Projects Decree 261/2019 – DECTO-2019-261-APN-PTE – International Fair “arteBA 2019 – Edition 28“. Exemption from the payment of import duty, Value Added Tax, internal taxes, fees for port services, statistics and proof of destination, which tax the importation for consumption of works of art, paintings, photographs , sculptures, catalogs, magazines, art publications and other forms of information and cultural promotion, originating in and coming from the countries participating in the event 17-04-19 AFIP: General Resolution 4461/2019 / RESGC-2019-4461-E-AFIP-AFIP – Value Added Tax. Perception regime. Definitive Import operations of movable things. RG No. 2,937 and its amendments. Modifying standard. 22-04-19 AFIP: General Resolution 4462/2019 – RESOG-2019-4462-E-AFIP-AFIP – Special regime of temporary importation of merchandise to receive an industrial improvement. General Resolution No. 2,147 and its amendments. Modification AFIP: General Resolution 4464/2019 – RESOG-2019-4464-E-AFIP-AFIP – Cargo notice. General Resolution No. 1,800 and its amendment. Modification 25-04-19 Decree 286/2019 – DECTO-2019-286-APN-PTE: National Single Foreign Trade Window Regime (VUCEA) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 43 Antidumping and countervailing duty cases See separate Antid umping 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 (dd-mm-yy). DOU Date Subject 11-04-19 SECEX Portaria № 6 (10-04-19) Authorizes the application of the Exception Mechanism to the Rule of Origin in case of shortages of inputs in Argentina, Brazil and Colombia. 17-04-19 SECEX Portaria № 7 (15-04-19) Closes the special non-preferential origin verification procedure, with the disqualification of the Malaysia origin for the dishware (NCM 6911.10.10, 6911.10.90, 6911.90.00 and 6912.00.00), declared as produced by the company JOVLOG Smart Enterprise SECEX Portaria № 8 (15-04-19) It disciplines the administrative procedures of evaluation of public interest in measures of commercial defense. Antidump ing and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. 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 Defence and Strategic Goods List 2019 enters into force The Defence and Strategic Goods List 2019 commenced on 28 March 2019 and repealed the Defence and Strategic Goods List 1996. The Defence and Strategic Goods List 2019 (DGSL 2019) is divided in 2 Parts. According to Australia’s Defence Export Control Organisation (DECO), 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. Part 1 of the List covers defence and related goods, that is goods and technologies designed or adapted for use by armed forces or goods that are inherently lethal. These goods include:  military goods, being goods or technology that is designed or adapted for military purposes, including their parts and accessories; and Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 44  non-military lethal goods, being equipment that is inherently lethal, incapacitating or destructive, such as non-military firearms, non-military ammunition and commercial explosives and initiators. Part 2 of the List covers those goods that have a dual use. Dual-use goods comprise equipment and technologies developed to meet commercial needs but which may be used either as military components, or for the development or production of military systems or weapons of mass destruction. This Part is made up of the following 10 categories:  Category 0 — Nucl ear Materials;  Category 1 — Materials, Chemicals, Microorganisms and Toxins;  Category 2 — Materials Processing;  Category 3 — Electronics;  Category 4 — Computers;  Category 5 — Telecommunications and Information Security;  Category 6 — Sensors and Lasers;  Category 7 — Navigation and Avionics;  Category 8 — Marine;  Category 9 — Aerospace and Propulsion. The List will be amended from time to time to reflect changes in the various multilateral non-proliferation and export control regimes of which Australia is a member. In accordance with Australian law, the DGSL 2019 is scheduled to sunset on 1 April 2029. Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. CHINA (INCLUDING HONG KONG SAR) GAC launches pilot self-serve Origin Certificate printing program General Administration of Customs (GAC) Announcement No. 49 [2019] dated March 22, 2019, announced the launching of a “self-ser vice” pilot program allowing a Certificate of Origin (CO) applicant, or their appointed agent, to print out COs and certain other documents via the China International Trade Single Window (www.singlewindow.cn) or the Customs Internet integrated online service platform (online.customs.gov.cn), after first uploading the company’s electronic chop and the operator’s electronic signature. Initially, the pilot will be available in Beijing, Tianjin, Shanghai, Jiangsu, Guangdong and Chongqing and will include the following COs and other documents:  China-Australia Free Trade Agreement (FTA) CO  China-New Zealand FTA CO  China-Pakistan FTA CO  China-Chile FTA CO  China-Switzerland FTA CO Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 45  China-Iceland FTA CO  China-Georgia FTA CO  China-Singapore FTA CO  China-Korea FTA CO  Cross-Straits Economic Co-operation Framework Agreement CO  Asia-Pacific Trade Agreement CO (for exports to South Korea)  Non- Preferential CO  Tobacco Authenticity Certificate  Re-Export Certificate  Processing and Assembly Certificate GAC launches operation against solid-waste smuggling On April 12, 2019, the General Administration of Customs (GAC) announced that on the early morning of March 22, under the command of Minister Ni Yuefeng, the GAC launched the first round of the “Blue Sky 2019” campaign to combat solid waste smuggling. Through the special action, the Guangdong Sub-Administration and 11 participating Customs Districts (in 8 provinces/municipalities) busted 22 smuggling syndicates, “captured 115 criminal suspects, and seized 338,100 tons of illicit imported waste including waste plastics and waste slag.” GAC said that in the next stage, China Customs will continue the prevention and crackdown on waste smuggling by deepening law-enforcement cooperation with foreign countries/regions as well as with domestic public security, environmental protection, and market regulation authorities, so as to safeguard domestic ecoenvironment and human health. China lowers import duties On April 8, 2019, the Customs Tariff Commission of the State Council issued Taxation Committee Announcement [2019] No. 17 which reduces the duty on a variety of products, including food, medicines, textiles and information technology products, effective April 9, 2019. Some import VAT will also be reduced on certain medicines. MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM), General Administration of Customs (GAC) and General Administration of Quality Supervision, Inspection and Quarantine (GAQSIQ) notices were posted during the period covered by this Update (mm-dd-yy): Date Series and № Subject 03-20-19 Shanghai Customs 2019 No. 1 “Early Declaration, Delivery and Inspection” Customs Clearance of Exports in Waigaoqiao Port Area 03-27-19 GAC № 53 (03-26-19) Announcement on Changing the Internet Address of the Kimberley Process Management System GAC № 55 (03-27-19) Announcement on lifting the ban caused by bird flu in France 03-29-19 GAC № 56 (03-25-19) Notice on Expanding the Implementation of Network Verification of Three Types of Supervision Documents on the Customs Clearance Form for Imported Drugs 03-28-19 GAC № 57 (03-25-19) Announcement on the opening of electronic books for export processing Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 46 Date Series and № Subject GAC № 58 (03-25-19) Announcement on Issues Concerning the Procedures for Filing Tax Payment Fees (duties) 04-03-19 GAC № 60 (04-03-19) Announcement on the closure of the port of Heilongjiang and the port of Huachuan Port 04-08-19 GAC № 61 (04-04-19) A warning notice on the hidden dangers of three-way catalytic converter mismatch in some imported Mercedes-Benz vehicles GAC № 62 (04-04-19) Announcement on matters relating to the status of new data transmission status of customs declaration forms Taxation Committee Ann. [2019] No. 17 Announcement adjusting the duty on av ariety of products effective April 9, 2019 GAC № 63 (04-08-19) Notice on Adjusting the Classification Table of the Entry Goods and the Duty-Paid List of Imported Goods of the PRC 04-09-19 GAQSIQ Order 111 (03-02-19) Import and Export Toys Inspection and Supervision and Administration Measures SAMR, MIIT, Public Security No. 53 The Safety Technical Specification on Electric Bicycles (GB 17761-2018) Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. INDIA Material in this section and the India Antidumping Countervailing Duty and Safeguards Investigations section was prepared by Sonia Gupta of Ashok Dhingra Associates, Attorneys at Law, Gurgaon (Haryana), India Other CBIC and DGFT notifications, circulars and instructions Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instructions during t he period covered by this Update: Date Series and № Subject CBIC Non-Tariff Notifications 01-04-19 28/2019-Cus (NT) ICD Kheda denotified as Customs Port for unloading of imported goods and loading of export goods 29/2019-Cus (NT) The Handling of Cargo in Customs Areas Regulations, 2009 amended 04-04-19 30/2019-Cus (NT) Exchange rate notification providing conversion rate of foreign currencies to INR 15-04-19 31/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliv e r 18-04-19 32/2019-Cus (NT) Exchange rate notification providing conversion rate of foreign currencies to INR 25-04-19 33/2019-Cus (NT) The Shipping Bill (Electronic Integrated Declaration and Paperless Processing) Regulations, 2019 notified 30-04-19 34/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver CBIC Tariff Notifications 11-04-19 12/2019-Cus Exemption provided to Light Combat Aircraft Programme of the Ministry of Defence extended till 31 June, 2019 (appears to be typo error should be 30 June, 2019) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 47 Date Series and № Subject 26-04-19 13/2019-Cus Basic Customs Duty on wheat increased fom 30% to 40% CBIC Circulars 09-04-19 11/2019-Customs Clarification regarding phasing out of physical copies Merchandise Exports from India Scheme (MEIS)/ Services Exports from India Scheme (SEIS) Duty Credit Scrips issued with Electronic Data Interchange (EDI) port as port of registration DGFT Notifications 23-04-19 01/2015-20 Prohibition on import of milk and milk products from China including chocolates, chocolate products, candies, confectionary, food preparation with milk or milk solids extended until capacity of laboratories at the port of import has been upgraded for testing melamine 24-04-19 02/2015-20 Export policy of chemicals namely, Chloropicrin: Trichloro n itro Methane and Methyldiehtanolamine listed under Appendix 3 of Schedule 2 of the Indian Trade Classification (Harmonised System) Classifications of Export & Import Items [SCOMET List] amended to allow ex p ort to State Parties to the Chemical Weapons Convention (CWC) without an export authorisation, on post reporting basis 03/2015-20 Appendix 3 of Schedule 2 of the Indian Trade Classification (Harmonised System) Classifications of Export & Import Items [SCOMET List] amended DGFT Public Notices 03-04-19 84/2015-2020 Telegraphic Release Advice facility for scrips issued from all ports [except Special Economic Zone and Non- Electronic Data Interchange (EDI) ports] withdrawn for Merchandise Exports from India Scheme (MEIS)/ Services Exports from India Scheme (SEIS) Scrips issued on or after April 10, 2019 04-04-19 01/2015-2020 Validity period of export authorization for restricted goods (Non- SCOMET) extended from 12 months to 24 months 05-04-19 02/2015-2020 Scale of fees for application regarding reimbursement of benefits under Transport and Marketing Assistance (TMA) notified 11-04-19 03/2015-2020 Validity of Pre-Shipment Inspection Agencies whose validity expires on or before 30 June, 2 01 9 extended up to 30 June, 2019 12-04-19 04/2015-2020 Proforma of End Use Certificate for grant of permission for export of items under SCOMET List amended 26-04-19 05/2015-2020 Online facility provided for filling & tracking quality complaints/trade disputes Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. INDONESIA Regulation imposing VAT on e-commerce transactions withdrawn In March 2019, the Minister of Finance withdrew regulation No. 210/PMK.010/2018 which would have imposed a value added tax (VAT) and “sales tax on luxury goods” on all e-commerce transactions—regardless of whether the trader or service provider was a “taxable entrepreneur.” The regulation was to come into force on 1 April 2019. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 48 JAPAN Ban on imports from and exports to North Korea extended The Ministry of Economy, Trade and Industry (METI) announced that it was extending the ban on all exports destined for North Korea, and all imports originating in or shipped from North Korea, in line with the “Measures against North Korea Pursuant to the Foreign Exchange and Foreign Trade Act” (decided by the Cabinet on April 9, 2019). 1. The ban on all exports of goods destined for North Korea will be extended by imposing the requirement that exporters obtain export approval from METI (related article: Article 48, Paragraph 3 of the Foreign Exchange and Foreign Trade Act; hereinafter referred to as the “Act”). 2. The ban on all imports of goods originating in or shipped from North Korea will be extended by imposing the requirement that importers obtain import approval from the METI (related article: Article 52 of the Act). 3. To ensure the enforcement of these restrictions, the following transactions shall be banned: i. Transactions involving buying/selling, loaning/borrowing, or giving of goods that involve the movement of the goods between North Korea and third countries (intermediate trade) (related article: Article 25, Paragraph 6 of the Act); and ii. Payments of import bills for goods originating in or shipped from North Korea which are imported without import approval (related article: Article 16, Paragraph 5 of the Act). 4. Goods exported for humanitarian purposes are exempt from the above restrictions. These restrictions will be in effect from April 14, 2019, to April 13, 2021. South Sudan added to Export Trade Control Order table 3-2 The Ministry of Economy, Trade and Industry (METI) announced that on April 9, 2019, the Japanese Cabinet approved a revision to Appended Table 3-2 of the Export Trade Control Order (Cabinet Order No.378 of 1949; the “Export Order”) and added South Sudan to the list of the areas subject to strict export control (areas against which arms and other embargoes have been imposed by the UN Security Council) in accordance with UN Security Council Resolution 2428 (2018). If an export destination is a target area specified in Appended Table 3-2 of the Export Order, exports are more strictly controlled than those for other areas (Article 4 (1) (iii)-(iv) under the Export Order). Enforcement of the Revised Export Order took effect April 12, 2019. NEW ZEALAND Arms Act amendments On 12 April 2019, the New Zealand Police announced that new firearms laws (the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019) are now in effect amending the Arms Act by:  Banning most semi-automatic firearms and some pump action shotguns; and also certain large capacity magazines. There are limited exemptions.  Placing controls around who may possess parts of prohibited firearms. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 49 There will no longer be a category of firearm known as a military style semi-automatic firearm (or MSSA) and the old “E” endorsement will be obsolete. The newly banned items will be called prohibited firearms, prohibited magazines, and prohibited parts. New offences involving prohibited items carry tougher penalties. Transitional provisions allow for an amnesty until six months after the buyback is announced so that those in possession of prohibited items have time to notify Police and can hand over their firearm/s to Police at a later stage when we advise of that process. The Act also contains a number of new offences and penalties including the following:  unlawful possession of prohibited firearms, magazines, and parts  using or intending to use a prohibited firearm to resist arrest or commit offence  unlawful possession of a prohibited firearm in a public place  presenting a prohibited firearm at another person  possession of a prohibited firearm while committing any offen ce that has a penalty of imprisonment for 3 years or more  carrying a prohibited firearm with criminal intent  importing prohibited items without a permit  knowingly supplying or selling a prohibited firearm or prohibited magazine to a person who does not hold a permit to import or possess one  using a prohibited part to assemble or convert a firearm into a prohibited firearm  knowingly supplying or selling a prohibited part NZ Customs announced that all import permits issued before 12 April for what are now prohibited items have been revoked. Any of these items imported from 12 April onwards may be seized. “Importation” refers to arrival in New Zealand, not the date of export from supplier. Multi-line permits may be partially or wholly revoked depending upon the goods covered. “Prohibited items” are prohibited firearms, prohibited magazines and prohibited parts, as defined in the legislation. “Parts” of a firearm has an expanded definition, so more items will require import permi ts from Police. Goods imported with a valid permit on 11 April and earlier, which have not cleared Customs control have been made prohibited goods and Customs may authorise the delivery of the goods to the Police. Importers are liable for the payment of outstanding duty on the importations of the prohibited items. Importers and their agents are advised to familiarise themselves with information on the Police website, which is being updated regularly. Details of the buy back scheme will be announced in due course. Stricter stink bug controls proposed for imported cargo The Ministry for Primary Industries (MPI) announced that it is seeking feedback on plans to introduce stricter import requirements for vehicles and sea containers. The changes are intended to make it harder for brown marmorated stink bug to establish in New Zealand. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 50 The proposed changes include extending the list of countries that have re quirements to treat vehicles, machinery and equipment imports before they arrive in New Zealand. At present, 18 countries have pre-treatment requirements. The proposed new list will increase to 33 countries. All imported cargo related to vehicles will need to be treated off-shore, including sea containers. In the past, only uncontainerised cargo has required treatment before arrival. MPI also intends to refine some of the off-shore management requirements under the existing import standard for vehicles. MPI has also worked with the Australian Department of Agriculture and Water Resources to get measures that are aligned, making it easier for traders and shippers to comply. MPI increased its border checks of arriving vessels at the start of this year’s stink bug season. It also introduced tighter rules for importing vehicles for a number of countries. So far this season (to the end of March), border officers have detected 123 live stink bugs. The consultations run from 3 April to 3 June 2019. New instant fines for minor offences New Zealand Customs announced that from 1 April 2019, individuals and businesses will be subject to a new range of instant fines if they are found breaching Customs requirements. Customs officers will be able to issue individuals with an instant $400.00 fine, and businesses with an $800.00 fine, for 70 minor infringement offences. Fines may be issued even if the offending was unintentional. *** The infringement notices were introduced in October last year as part of the implementation of the Customs and Excise Act 2018, with a six month education phase to inform the public and businesses about the changes before enforcement began. Customs could issue fines for petty offences under the previous 1996 Customs Act, but this was limited in how and where it was applied. Offences that could result in an instant fine include making a false declaration on a Passenger Arrival Card, refusing to answer questions from a Customs officer or for importing or exporting prohibited goods. The infringement notices will affect all international arriving and departing passengers at airports and ports, importers, exporters, excise manufacturers, brokers and Customs-controlled areas. View the full list of all infringement offences. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 51 PAKISTAN Control lists under the Export Control Act of 2004 The following material from the Strategic Export Control Division (SECDIV) of the Ministry of Foreign Affairs is for reference. Pursuant to the Export Control on Goods, Technologies, Material and Equipment related to Nuclear and Biological Weapons and their Delivery Systems Act 2004, the Government of Pakistan has notified revised Control Lists of Goods, Technologies, Material and Equipment that are subject to SECDIV license for export. The Act enables the Government to control export, re-export, trans-shipment and transit of goods, technologies, material and equipment related to Nuclear and Biological Weapons and their Delivery Systems. As part of regular review process, the Strategic Export Control Division (SECDIV) of the Ministry of Foreign Affairs has revised /updated the Control Lists, in consultation with other relevant Ministries and Departments. The revised Control Lists have been notified vide Gazette of Pakistan SRO 891(I)/2018 dated 5 July 2018. It may be mentioned that the lists were originally notified in 2005 and subsequently revised in 2011, 2015 and 2016. The revised Control Lists are harmonized with the standards and lists of international export control regimes ie the Nuclear Suppliers Group, the Missile Technology Control Regimes and the Australia Group and incorporate the latest changes/updates made by these export control regimes. The notification signifies the continuing resolve and policy of Pakistan as a responsible nuclear state to advance the shared goals of non-proliferation and strictly adhere to its commitments. PHILIPPINES Imp ort restrictions on rice replaced by tariffs On March 5, 2019, Official Gazette published Joint Memorandum Circular (JMC) 01-2019 Implementing Rules and Regulations (IRRs) of Republic Act (RA) No. 11203 (“An Act Liberalizing the Importation, Exportation and Trading of Rice, Lifting for the Purpose the Quantitative Import Restriction on Rice, and for Other Purposes“). JMC 01-2019 was signed by the Agriculture Secretary, the Socioeconomic Planning Secretary, and the Acting Budget Secretary. The IRRs provide guidelines for implementing RA No. 11203, which replaces rice quantitative restrictions with tariffs. Under the IRR’s, the main point affecting importers of rice are:  There is no longer a requirement for the National Food Authority (NFA) to permit, license, or register trade and importation of rice.  The food safety regulatory function of the NFA will be transferred to the Bureau of Plant Industry, which will be responsible for issuing Sanitary and Phytosanitary Import Clearances f or rice.  Once the IRRs take effect (15 days after publication), NFA is granted a transition period of 60 days to restructure accordingly.  The Minimum Access Volume (MAV), or tariff rate quota, for rice will revert to its 2012 level of 350,000 tons.  The in-quota Most Favored Nation (MFN) duty rate is 40 percent.  For out-quota imports, the MFN tariff will be 180 percent or the tariff equivalent based on the WTO Agreement on Agriculture upon the expiration of the waiver of the special treatment for rice, whichever is higher. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 52  In- and out-quota imports from ASEAN countries will be levied a uniform 35 percent duty.  The President may adjust existing duties, including any necessary change in classification, provided Congress is not in session.  A special rice safeguard duty may be imposed for the industry’s protection from extreme or sudden price fluctuations. SINGAPORE Notices, circulars, etc. Da te Reference Matter 15-04-19 Notice 05/2019 Revised Claim Due Date For Security Lodgement / Extension VIETNAM The CPTPP for exporters: opportunities available now The entry into force of the Comprehensive and Progressive Agreement for TransPacific Partnership (CPTPP) brings with it preferential import tariff rates applicable to CPTPP originating goods. Import tariffs can amount to a substantial increase on the end cost of goods. For businesses operating in a competitive market, preferential tariff rates may afford them a comparative advantage by reducing costs. Under the CPTPP, tariff rate reductions occur automatically after the Agreement has entered into force in a member country’s territory. Accordingly, exporters of most CPTPP originating goods can enjoy preferential tariff rates immediately. To find out how to take advantage of CPTPP preferential import tariff rates as an exporter please download our client alert here. For additional information, please contact Fred Burke or Nguye n Lan Phuong. Customs value regulations to be amended On April 18, 2019, Vietnam Customs reported that on April 16, 2019, under the presidency of Deputy Director General Nguyen Duong Thai, the General Department of Customs held the first meeting on the revised contents of the draft Circular amending and supplementing Circular 39/2015/TT-BTC on customs value of imported and exported goods. The report stated: According to the Import and Export Tax Department (General Department of Customs), Circular No. 39/2015 / TT-BTC dated March 15, 2015, regulating the customs value of imported and exported goods, after 4 years of implementation, fully transformed the technical contents on customs valuation of the WTO Customs Valuation Agreement into the national legal system and complied with Vietnam’s obligations as a WTO member. At the same time, setting up a mechanism and management system for customs valuation for imported and exported goods from the General Department level to the Branch level, which clearly defines the responsibilities of each level for the valuation and inspection of Customs valuation both in customs clearance and post-clearance clearance. Thereby, contributing significantly to speeding up customs clearance, reducing cargo congestion at customs branches, improving the effectiveness of control, combat against price fraud, and ensuring state revenue. However, in addition to the positive impacts, the implementation of Circular No. 39/2015/TT-BTC also exposed limitations and shortcomings to be amended such as some concepts have not yet been defined in normative documents on customs value; 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 advise s on all aspects of International Trade law. Comments on this Update may be sent to the Editor: Stuart P. Seidel Washington, DC +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 info rmation 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 | May 2019 8465028-v6\WASDMS 53 regulations on principles, methods of imported and exported goods also have many different understandings, which makes it difficult for organizations and individuals in the study and implementation of customs valuation. Therefore, Director of Import and Export Tax Department Luu Manh Tuong suggested that amendments and supplements to Circular 39/2015/TT-BTC on customs value of imported and exported goods will focus on four key groups: The first group is general regulations: Supplementing some concepts, rights and obligations of customs authority in customs valuation. The second group is principles and methods of customs valuation, focusing on two important contents: principles and methods of determining customs value for export goods and principles of determining customs value of imported goods in the order of methods. The third group is customs valuation methods, which will be re-regulated and have many current regulations obstructed in practical implementation supplemented such as: method for determining transaction value; customs valuation for transaction value of similar imported goods; customs valuation for imported goods by deductive logic method; and adding regulations on customs valuation for a number of specialized imported and exported goods (goods with the use purpose changed for destruction; gifts and donations; non-payment goods). The fourth group is the database. This group focuses on building, managing and using the risk management portfolio, which will change the management, instead of managing commodities, it will add risky enterprises. Deputy General Director Nguyen Duong Thai emphasized, the amendments and supplements to Circular 39/2015/TT-BTC aiming to amend regulations on customs valuation to be consistent with current legal regulations, create transparency, simplification, publicity and convenience implementing regulations on customs value for Customs and enterprises. Besides, it also met the demand for management and combat against trade fraud. Therefore, the Deputy Director General requested, comments on amendments must be specific and based on fully reviewing problems arising from practice. Also at the meeting, participants focused on the revised contents and pointed out problems arising from practice and proposed difficult situations and amendments. The draft Circular amending and supplementing Circular 39/2015/TT-BTC after agreement will be submitted to the Ministry of Finance at the end of April 2019. In May it will be commented on by relevant ministries, sectors and the business community. This Circular will be signed by the Ministry of Finance in June 2019 as scheduled. MOH issues new Circular regulating the registration of drugs and drug materials, including importations On 22 November 2018, the Ministry of Health (“MOH”) published Circular 32/2018/TT-BYT regulating the registration of drugs and drug materials (“Circular No. 32”), which will come into effect on 01 September 2019. The enactment of this Circular will render Circular No. 44/2014/TT-BYT dated 25 November 2014 regulating drug registration (“Circular No. 44”) ineffective with the exception of Circular No. 44′s provisions on the registration of in-vitro diagnostic biologics. Below are some notable provisions of Circular No. 32: 1. Verification of the authenticity of legal documentation in drug registration dossiers Circular No. 32 provides that the Drug Administration of Vietnam is to coordinate with diplomatic missions and relevant national and foreign agencies to verify the Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 54 authenticity of legal documentation in drug registration dossiers. Such verificatio n processes will be conducted at the time the relevant registration dossiers are evaluated, and within the timelines provided under the Pharmaceutical Law for the issuance, renewal and variation of the Marketing Authorization. Legal documents that require verification of authenticity are as follows:  Certificate of Pharmaceutical Product (“CPP”) for all application dossiers for the issuance, renewal and variation of the Marketing Authorization; and  Legal documents issued by relevant foreign authorities to Marketing Authorization Holders registering drugs in Vietnam for the first time. Circular No. 32 also requires Marketing Authorization Holders to be responsible for coordinating with the manufacturers and foreign agencies when responding to the Drug Administration of Vietnam’s request for verification of the authenticity of legal documents pertinent to drug registration dossiers. 2. Criteria for classification as a brand name drug For classification as a brand name drug, a specific request must be made in the drug registration dossier and the following conditions must be satisfied:  Clinical data on the safety and efficacy of the drug is complete in accordance with this Circular; and  Such drug is licensed for circulation by one of the Reference Regulatory Authorities or by one of the Stringent Regulatory Authorities. This requirement does not apply to new chemical entities manufactured in Vietnam The classification as a brand name drug does not apply to biologics. 3. Requirement of two CPPs for new chemical entities and imported biologics With regard to new chemical entities and imported biologics (excluding probiotics – digestive enzymes), the applicant must submit the CPP issued by the manufacturing country and another CPP issued by one of the Stringent Regulatory Authorities, certifying that such drugs are licensed for circulation and physically circulated in the market. If you would like to discuss the potential impacts of Circular No. 32 on your business and necessary steps going forward, please do not hesitate to contact the authors, Seck Yee Chung and Vu Minh Ha. This article originally appeared as an April 2019 Client Alert. Vietnam Customs offices will generally not accept cash after 1 April On 3 April 2019, the General Department of Customs (GDC) announced that the first day of implementation of non-cash payment of Customs taxes and fees at the provincial and municipal customs units showed that payment of fees was fast and convenient. The General Department of Customs had issued a document directing that from 1 April 2019, all economic units and organizations which have bank accounts who engage in imports and exports and generate State budget remittances, to pay those remittances to the State budget (including taxes, late payment fines, fines, fees, charges and other charges) in the form of non-cash payment (bank transfer) or cash payment at commercial banks, for transfer to the Customs account at the State Treasury. Among the re asons for the new requirement is to make Customs operations transparent, and “prevent negative acts by Customs officers” in their performance of professional duties. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 55 At some provincial and municipal Customs Departments beginning in 2017, most enterprises have paid taxes and fees to the state budget through credit institutions. Therefore, when these new regulations are fully implemented, there will be no change for the enterprises or for the Customs authorities. According to the So far, the electronic payment of Customs taxes and fees has worked well. According to the assessment by Customs authorities, the non-cash collection of fees has aided both Customs and enterprises. Customs authorities save human resources in money collection and booking management. The monitoring of tax and fee collection of enterprises is also easier because they are available on the accounting system. Enterprises can be active and save time in paying taxes and fees related to import and export activities. Although the Customs Department has supported and facilitated the implementation of this new regulation, it has also caused some disturbance for imports and exports of enterprises, particularly in remote areas and at border gates . The Deputy Director in charge of Ha Tinh Customs Department said that the most difficult thing now is the implementation of this regulation at Cau Treo International Border Gate Customs Branch. Because the border gate is far from the administrative center, there is no transaction point of the bank or the Treasury. Therefore, in order to pay taxes, fees and charges, enterprises must go to Tay Son town (more than 35km). In addition, most enterprises engaging in imports and exports through Cau Treo international border gate are small and medium enterprises and are restricted in equipment to connect to the treasury system and banks, thus causing many difficulties for implementation of this method. Facing the above difficulties, Ha Tinh Customs Department sent an official dispatch to request Ha Tinh provincial People’s Committee, State Treasury and commercial banks in the area to supplement transaction points and collection points near the Customs checkpoints to support enterprises to carry out import and export procedures. Europe, Middle East and North Africa European Union and EFTA EU adjusts CDSOA additional duties for certain US products Commission Delegated Regulation (EU) 2019/673 of 27 February 2019 amending Regulation (EU) 2018/196 on additional customs duties on imports of certain products originating in the United States of America was published on 30 April in the Official Journal. As a result of the United States’ failure to bring the Continued Dumping and Subsidy Offset Act (CDSOA) in compliance with its WTO obligations, the EU had imposed additional duties on certain US products. Over the years, as CDSOA payments were reduced or eliminated, the EU’s a dditional duties were also reduced and certain products eliminated in order to reflect the level of nullification or impairment caused by the CDSOA to the European Union at that time. The level of CDSOA nullification or impairment was reduced to USD 3 355,82 for the last period available. Accordingly, the EU has lowered the additional duties to 0,001%. The products on which additional import duties are to apply are identified by their eight-digit CN codes: 0710 40 00, ex 9003 19 00 “frames and mountings of base metal”, 8705 10 00 and 6204 62 31. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 56 Commission addresses combined effects of anti-dumping or antisubsidy measures with the safeguard measures on certain steel products A Notice concerning the potential combined effects of anti-dumping or anti-subsidy measures with the safeguard measures on certain steel products was published in the Official Journal on 26 April [2019/C 146/06]. The notice states in pertinent part: Regulation (EU) 2015/477 acknowledges that the combination of anti-dumping or anti-subsidy measures and safeguard measures on the same product could have an effect greater than that intended in terms of the Union’s trade defence policy and objectives, and could place an undesirably onerous burden on certain exporting producers seeking to export to the Union. As a result, specific provisions were introduced in order to enable the Commission, where appropriate, to take action to ensure that a combination of anti-dumping or anti-subsidy measures with safeguard measures on the same product does not have such an effect. As concerns the measures imposed by Regulation (EU) 2019/159, whilst there is some uncertainty as to if and when the respective tariff-rate quotas would be exhausted, it is possible that imports of those steel product categories which are subject to anti-dumping or anti-subsidy measures would also become subject to the payment of a safeguard duty. The Comm ission considers that there are grounds to conclude that the combination of these measures could indeed have an effect greater than that intended or desirable in terms of the Union’s trade defence policy and objectives, as laid down in Regulation (EU) 2015/477. The Commission, therefore, considers that it may be appropriate to amend the existing anti-dumping and anti-subsidy measures mentioned in the Annex during the relevant period where anti-dumping/anti-subsidy measures and safeguard duties may apply. In order to ensure legal certainty for the economic operators concerned, the Commission considers it necessary to specify, for these cases, the anti-dumping or the countervailing duty that should apply in the event that the safeguard tariff-rate quotas are exhausted. In particular, in cases where both an anti-dumping or a countervailing duty and a safeguard duty would normally be payable and where the anti-dumping or countervailing duty is less than, or equal to, the amount of the safe guard duty, the Commission considers appropriate that no anti-dumping or countervailing duty should be payable during the relevant period. Where the anti-dumping or countervailing duty is greater than the amount of the safeguard duty, the Commission considers appropriate that only that part of the anti-dumping or countervailing duty which is in excess of the amount of the safeguard duty should be payable during the relevant period. (Footnote omitted.) EU amends Union Customs Code to extend transitional use of alternatives to certain electronic systems On 25 April 2019, the Official Journal published Regulation (EU) 2019/632 of the European Parliament and of the Council of 17 April 2019 amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code (Regulation 2019/632). Article 278 of the Union Customs Code (UCC) set a single deadline of 31 December 2020 for the deployment of all the systems referred to in that Article, and despite the efforts made by the Union and some of the Member States at budgetary and operational levels to complete the work within the time limit given, it has become evident that some systems can only be partially deployed by that date. This implies that some pre-existing systems will need to Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 57 continue in use beyond that date. In the absence of legislative amendments extending that deadline, companies and customs authorities will be unable to perform their duties and legal obligations as regards customs operations. Regulation 2019/632 replaces Article 278 of the UCC with a new Article 278 which extends until 31 December 2020, 2022, or 2025 (depending on the specific data-processing techniques) the ability to use means other than the electronic data-processing techniques referred to in Article 6(1) on a transitional basis, where the electronic systems which are necessary for the application of specified provisions of the Code are not yet operational. Regulation 2019/632 also adds a new Article 278a, which establishes annual reporting obligations for the European Commission on progress by the Commission and Member States in developing and deploying those electronic systems. The reporting obligations for the Commission commence on 31 December 2019. Article 278a also requires Member States to provide to the Commission, twice per year, an updated table on their own progress in developing and deploying the electronic systems, which the Commission shall publish on its website. Commission opens consultation on preliminary list of US products subject to possible retaliatory measures On 17 April 2019, the European Commission posted information on a public consultation under Article 9 of the EU Enforcement Regulation (Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014) in which the Commission seeks information and views regarding the EU’s economic interests. The Commission expects to receive input from private stakeholders potentially affected by planned EU commercial policy measures further to the adjudication of a trade dispute with the United States on Measures Affecting Trade in Large Civil Aircraft under the WTO Dispute Settlement Understanding (“DSU”). The information gathering should provide the Commission with input to assist it in assessing the parameters of planned commercial policy measures. Private stakeholders. On 11 April 2019, the WTO Dispute Settlement Body (“DSB”) adopted its recommendations and rulings in United States – Measures Affecting Trade in Large Civil Aircraft (Second complaint) – Recourse to Article 21.5 of the DSU by the European Union, confirming that the United States has failed to bring its measures, found to be inconsistent with the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”), into conformity with its obligations under that Agreement. In accordance with paragraph 8 of the “Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding and Article 7 of the SCM Agreement” between the European Union and the United States with respect to this dispute, the European Union is taking steps towards requesting the Article 22.6 arbitrator to resume its work. Upon the completion of the arbitrator’s work the European Union will request the DSB for an authorisation to take countermeasures against the United States. Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the EU’s rights for the application and enforcement of international trade rules (OJ L 189, 27.6.2014) provides for the legal basis for the EU to suspend concessions or other obligations under the multilateral and plurilateral agreements covered by the WTO DSU following the adjudication of trade disputes under the WTO DSU. In order to be in a position to promptly take action on the ba sis of and consistent with the decision of the arbitrator under Article 22 DSU, the Commission is required to Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 58 take the respective steps under the Enforcement Regulation and the WTO DSU. In this regard, the Commission is currently assessing the parameters of the planned commercial policy measures in the form of the imposition of increased customs duties, including additional ad valorem duties of up to 100 percent, on certain products from the United States. The Commission services have identified products originating in the United States that could potentially be subject to such increased customs duties. In assessing the parameters of planned commercial policy measures, the Commission seeks input from private stakeholders who may be affected by such measures, as outlined in the ‘Form to be completed and submitted’ (in Word) (or in PDF), concerning the products listed in the enclosed document ‘List of Pr oducts’. The forms must be submitted via email at the latest by 31 May 2019, 12:00 am (UTC+01:00), Brussels. Council authorises negotiations with the US on elimination of tariffs for industrial goods and on conformity assessment On 15 April 2019, the Council of the EU approved mandates for the Commission to open negotiations with the United States on two agreements:  a trade agreement limited to the elimination of tariffs for industrial goods only, excluding agricultural products;  an agreement on conformity assessment that would have as its objective the removal of non-tariff barriers, by making it easier for companies to prove their products meet technical requirements both in the EU and the US while maintaining a high level of protection in the EU. The Council also decided to make both decisions authorising the opening of negotiations with the US and the accompanying negotiating directives public. The announcement from the Council stated: The EU is now ready to launch negotiations with the US. They will cover a strictly limited set of issues stemming from the July Joint Statement of Presidents Juncker and Trump. The mandates also clarify that the negotiating directives for the Transatlantic Trade and Investment Partnership (TTIP) agreed in June 2013 must be considered obsolete and no longer relevant. The Commission will negotiate on behalf of the EU, ensuring appropriate communication with all relevant EU stakeholders, including civil society and economic operators. The final agreement will need be concluded by the Council after obtaining the consent of the European Parliament. As far as the agreement on the elimination of industrial tariffs is concerned, the objective is to increase trade between the EU and the US, to improve market access and to generate new opportunities for jobs and growth. The mandate given by the Council ensures that negotiations will take full account of particular sensitivities for certain goods, such as energy-intensive products and fi sheries products, as well as the environmental impact arising from the differences in the EU and US regulatory frameworks. The Commission should produce a sustainability impact assessment as soon as possible which would examine the potential economic, environmental and social impacts of this agreement, also in light of the commitments of the EU in international agreements such as the Paris agreement on climate change. The findings of this impact assessment should be taken into account in the negotiating process. The mandate also ensures that the EU will not conclude negotiations with the US as long as the current tariffs on EU exports of steel and aluminium remain in place, and that it would be able to suspend negotiations unilaterally if the US were to impose further trade restrictions against European products. (Emphasis added.) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 59 The EU and the US have the largest and deepest bilateral trade and inves tment relationship in the world and have highly integrated economies. Both economies account together for about half the entire world GDP and for nearly one third of total world trade. European Council extends Brexit Art. 50 for six months After a special meeting on 10 April 2019, European Council President Donald Tusk announced during a press conference that the European Council had approved a “flexible” six month extension (until 31 October 2019) for the UK to withdraw from the EU. After the six months, the UK could ratify the extension agreement extension agreement or revoke the article 50 notice and the UK could remain in the EU. The EU leaders will meet again to June to assess the situation. Subsequently, on 11 April 2019, the Official Journal published European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU extending the period until 31 October 2019. Commission releases detailed information on requirements for EU goods exported to the UK in case of a hard Brexit On 8 April 2019, the European Commission announced that its Market Access Database now includes detailed information on the rules that the UK would apply on its imports from the EU in the event of a hard Brexit. It is based on information made publicly available by the United Kingdom authorities. This is a part of the Commission’s efforts to help industry be prepared in case the United Kingdom leaves the European Union without a negotiated deal. The Market Access Database provides detailed information on duties and taxes that apply to exports to a given country, as well as on import procedures and formalities that must be accomplished for customs clearance. The database contains information for 121 countries, and as of today, it also provides the same level of information for exports to the UK as for any other EU trade partners such as the US or China. Commission reports on latest negotiating rounds with Indonesia and Mercosur On 5 April 2019, the European Commission reported that the seventh round of negotiations with Indonesia, that took place in Brussels from 11 to 15 March, brought about good progress across the board, particularly on the chapters on sanitary and phyto-sanitary measures, rules of origin and investment. The chapters on trade remedies and customs are now close to completion at technical level. The next round will be held before the summer in Indonesia. The latest round of negotiations for a trade agreement between the EU and Mercosur took place from 11 to 15 March in Buenos Aires, Argentina, at experts and chief negotiators level. The negotiations covered trade in goods, specific rules applicable to wines and spirits, rules of origin, government procurement, intellectual property including geographical indications, rules in respect of state-owned enterprises and subsidies. Commission issues tariff classification regulations See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 60 Amendments to the CN Explanatory Notes No amendments to the Explanatory Notes to the Combined Nomenclature of the European Union were published in the Official Journal during the period covered by this Update. Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export. Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions f or data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database. Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union: OJ Date Subject 02-04-19 Council Decision (CFSP) 2019/538 of 1 April 2019 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction 03-04-19 Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 October 2018 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brok ering and transit of dual-use items (OJ L 319, 14.12.2018) 04-04-19 Commission Regulation (EU) 2019/543 of 3 April 2019 amending Annex IV to Regulation (EC) N o 661/2009 of the European Parliament and of the Council and Annexes I, III and IV to Directive 2007/46/EC of the European Parliament and of the Council as regards updating the references to and including certain Regulations of the United Nations Economic Commission for Europe on the type-approval of motor vehicles 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) (Text with EEA relevance.) [2019/C 125/03] 05-04-19 Commission Regulation (EU) 2019/552 of 4 April 2019 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin, bicyclopyrone, chlormequat, cy pr odinil, difenoconazole, fenpropimorph, fenpyroximate, fluopyram, fosetyl, isoprothiolane, isopyrazam, oxamyl, prothioconazole, spinetoram, trifloxystrobin and triflumezopyrim in or on certain products Corrigendum to Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 61 OJ Date Subject operational and amending Delegated Regulation (EU) 2015/2446 ( OJ L 69, 15.3.2016 ) 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 Reg ulation (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 126/04] 08-04-19 Decision No 64/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/557] Decision No 63/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States o f America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/556] Decision No 65/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Telecommunication Equipment and the Sectoral Annex for Electromagnetic Compatibility [2019/558] 09-04-19 Commission Implementing Regulation (EU) 2019/561 of 8 April 2019 granting Cape Verde a temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved fillets of tuna 10-04-19 Council Decision (EU) 2019/563 of 8 April 2019 on the conclusion, on behalf of the Union, of Amendment 1 to Memorandum of Cooperation NAT-I-9406 between the United States of America and the European Union 11-04-19 Council De c ision (EU) 2019/573 of 8 April 2019 on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union Commission Implementing Decision (EU) 2019/582 of 3 April 2019 confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year 2017 and for the Volkswagen pool including its members for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (notified under document C(2019) 2342) Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the pr ov isional calculation of the average specific emission of CO2 and specific emissions targets for manufacturers of passenger cars for the calendar year 2017 and for certain manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 pursuant to Regulation ( EC) No 443/2009 of the European Parliament and of the Council (notified under document C(2019) 2359) Commission Implementing Regulation (EU) 2019/585 of 11 April 2019 amending Regulation (EU) No 206/2010 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the lists of third countries, territories or parts thereof authorised for the introduction into the Union of certain animals and fresh meat Commission Implementing Regulation (EU) 2019/586 of 11 April 2019 amending Part 1 of Annex I to Commission Regulation (EC) No 798/2008 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Cro wn D ependencies in the list of third countries, territories, zones or compartments authorised for the introduction into the Union of consignments of poultry and poultry products Commission Implementing Regulation (EU) 2019/587 of 11 April 2019 amending Annex I to Regulation (EC) No 119/ 2009 as regards the inclusion of the Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 62 OJ Date Subject United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the introduction into the Union of consignments of meat of wild leporidae, of certain wild land mammals and of farmed rabbits Commission Implementing Regulation (EU) 2019/588 of 11 April 2019 amending Annex I to Regulation (EU) No 605/2010 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the introduction into the Union of consignments of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption Commission Implementing Regulation (EU) 2019/589 of 11 April 2019 amending Annex III to Regulation (EC) No 1251/2008 as regards the inc lusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries, territories, zones or compartments authorised for the introduction into the European Union of consignments of aquaculture animals Commission Implementing Regulation (EU) 2019/590 of 11 April 2019 amending Annex I to Implementing Regulation (EU) 2018/659 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries and parts of the territory of third countries from which the entry into the Union of live equidae and semen, ova and embryos of equidae is authorised Commission Implementing Regulation (EU) 2019/591 of 11 April 2019 amending Annex V to Regulation (EC) No 136/2004 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries authorised for the introduction into the Union of consignments of hay and straw European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU Corrigendum to 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) ( OJ C 218, 22.6.2018 ) [2019/C 135/06] 12-04-19 Commission Implementing Regulation (EU) 2019/595 of 11 April 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 Commission Implementing Decision (EU) 2019/599 of 11 April 2019 am ending the Annex to Decision 2007/453/EC as regards the BSE status of the United Kingdom o f Great Britain and Northern Ireland and its Crown Dependencies (notified under document C(2019) 2830) Commission Implementing Decision (EU) 2019/600 of 11 April 2019 amending Decision 2011/163/EU on the approval of plans submitted by the United Kingdom of Great Britain and Northern Ireland and its Crown Dependencies in accordance with Article 29 of Council Directive 96/23/EC (notified under document C(2019) 2831) Commission Implementing Decision (EU) 2019/601 of 11 April 2019 amending Annex I to Implementing Decision 2011/630/EU as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the introduction into the Union of semen of domestic animals of the bovine species (notified under document C(2019) 2832) Commission Implementing Decision (EU) 2019/602 of 11 April 2019 am ending Annex I to Decision 2006/168/EC as regards the inclusion of the United Kingdom of Gre at Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries authorised for the introduction into the European Union of bovine embryos(notified under document C(2019) 2833) Commission Implementing Decision (EU) 2019/603 of 11 April 2019 amending the Annexes to Decision 2006/766/EC as regards the inclusion of the United Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 63 OJ Date Subject Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the lists of third countries and territories authorised for the introduction into the Union of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products for human consumption (notified under document C(2019) 2834) Commission Implementing Decision (EU) 2019/604 of 11 April 2019 amending Annexes I and III to Decision 2010/472/EU as reg ards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the lists of third countries or parts thereof authorised for the introduction into the Union of semen, ova and embryos of animals of the ovine and caprine species (notified under document C(2019) 2838) Commission Implementing Decision (EU) 2019/605 of 11 April 2019 amending Annex II to Decision 2007/777/EC as regards the inclusion of the United Kingdom of Great Britain and Northern Ire l and and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the introduction into the Union of consignments of certain meat products and treated stomachs, bladders and intestines for human consumption (notified under document C(2019) 2840) Commission Implementing Decision (EU) 2019/606 of 11 April 2019 amending Annex I to Decision 2012/137/EU as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the lists of third countries or parts thereof authorised for the introduction into the Union of semen of domestic animals of the porcine species (notified under document C(2019) 2841) Commission Implementing Decision (EU) 2019/607 of 11 April 2019 amending Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in Traces (notified under document C(2019) 2900) Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 October 2018 amend in g Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 319, 14.12.2018 ) Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union 15-04-19 Commission Implementing Decision (EU) 2019/609 of 11 April 2019 amending Implementing Decision 2014/709/EU as regards the use of the pathogen identification test for African swine fever, the dispatch of the pigs through areas listed in the Annex and the applicability of the Decision (notified under document C(2019) 2739) 16-04-19 Council Decision (EU) 2019/610 of 8 April 2019 on the conclusion, on behalf of the European Union and its Member States, of a Pro toc ol 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 Council Decision (EU) 2019/614 of 9 April 2019 on the position to be taken on behalf of the European Union within the Joint Committee established under the Agreement between the European Union and Japan for an Economic P artnership, as regards the adoption of the Rules of Procedure of the Joint Committee, the Rules of Procedure of a Panel, the Code of Conduct for Arbitrators and the Mediation Procedure Commission Implementing Decision (EU) 2019/616 of 15 April 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) 3024) Commission Implementing Decision (EU) 2019/617 of 1 5 Apr il 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) 3013) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 64 OJ Date Subject Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 October 2018 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 319, 14.12.2018 ) Update of reference amounts for the crossing of the external borders, as referred to in Article 6(4) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2019/C 140/05] 17-04-19 Regulation No 96 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of engines to be installed in agricultural and forestry tractors and in non-road mobile machinery with regard to the emissions of pollutants by the engine [2019/547] Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricultural products [2019/C 141/05] 23-04-19 Commission Implementing Regulation (EU) 2019/620 of 17 April 2019 granting Cape Verde a temporary derogation from the rules on prefere ntial origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved mackerel fillets and prepared or preserved frigate tuna or frigate mackerel fillets Commission Implementing Decision (EU) 2019/623 of 16 April 2019 concerning the extension of the action taken by the Belgian Federal Public Service Health, Food Chain Safety and Environment permitting the making available on the market and use of the biocidal product Phostoxin in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2019) 2828) 24-04-19 Commission Implementing Regulation (EU) 2019/637 of 23 April 2019 approving cholecalciferol as an active substance for use in biocidal products of product-type 14 Counc i l Decision (EU) 2019/638 of 15 April 2019 on the position to be taken on behalf of the European Union at the fourteenth meeting of the Conference of the Parties with regard to certain amendments to Annexes II, VIII and IX to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Commission Implementing Decision (EU) 2019/641 of 17 April 2019 on the terms and conditions of the authorisation of a biocidal product family containing 1R-trans phenothrin referred by Ireland in accordance with Article 36 of Regulation (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2019) 2837) Corrigendum to Commission Regulation (EU) 2019/50 of 11 January 2019 amending Annexes II, III, IV and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chlorantraniliprole, clomazone, cyclaniliprole, fenazaquin, fenpicoxamid, fluoxastrobin, lambda-cyhalothrin, mepi qu at, onion oil, thiacloprid and valifenalate in or on certain products ( OJ L 10, 14.1.2019 ) Notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2020 and undertakings intending to produce or import these substances for essential laboratory and analytical uses in 2020 [2019/C 143/05] 25-04-19 Commission Regulation (EU) 2019/649 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards trans fat, other than trans fat naturally occurring in fat of animal origin Commission Regulation (EU) 2019/650 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) Commission Regulation (EU) 2019/651 of 24 April 2019 refusing to authorise a health claim made on foods and referring to children’s development and health Commission Implementing Regulation (EU) 2019/653 of 24 April 2019 amending Regulation (EC) No 847/2006 as regards the Union tariff quotas for certain prepared or preserved fish Baker McKenzie International Trade Compliance Update | May 2 019 8465028-v6\WASDMS 65 OJ Date Subject Council Decision (EU) 2019/642 of 13 April 2019 amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the European Atomic Energy Community, 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 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 Regulation (EU) 2019/632 of the European Parliament and of the Council of 17 April 2019 amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading p ract ices in business-to-business relationships in the agricultural and food supply chain Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [2019/C 144 I/01] Statement of the Commission relating to Regulation (EU) 2019/632 of the European Parliament and the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than electronic data-processing techniques provided for in the Union Customs Code and to the joint statement of the European Parliament and the Council thereon [2019/C 145/01] 26-04-19 Council Decision (EU) 2019/658 of 2 March 2015 on the signing, on behalf of the Union and of the Member States, of the Protocol amending the Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part, to take account of the accession of the Rep ubl ic of Croatia to the European Union Council Decision (EU) 2019/659 of 8 April 2019 on the conclusion, on behalf of the Union and of the Member States, of the Protocol amending the Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part, to take account of the accession of the Republic of Croatia to the European Union Protocol amending the Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People’s Republic of China, of the other part Notice concerning the potential combined effects of anti-dumping or anti-subsidy measures with the safeguard measures on certain steel products [2019/C 146/06] 29-04-19 Council Decision (EU) 2019/668 of 15 April 2019 on the position to be taken on behalf of the European Union at the ninth meeting of the Conference of the Parties as regards the listing of cert ain che micals in Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade 30-04-19 Commission Delegated Regulation (EU) 2019/673 of 27 February 2019 amending Regulation (EU) 2018/196 on additional customs duties on imports of certain products originating in the United States of America Commission Implementing Regulation (EU) 2019/675 of 29 April 2019 amending Regulation (EC) No 1067/2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries Commission Implementing Regulation (EU) 2019/676 of 29 April 2019 approving the low-risk active substance ABE-IT 56 (components of lysate of Saccharomyces cerevisiae strain DDSF623), 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 Commi ss ion Implementing Regulation (EU) No 540/2011 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 66 OJ Date Subject Commission Implementing Regulation (EU) 2019/677 of 29 April 2019 concerning the non-renewal of the approval of the active substance chlorothalonil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 Restrictive measures established, amended, corrected During the past month, the following restrictive measures were established, amended or corrected: OJ Date Restrictive Measure 02-04-19 Council Decision (CFSP) 2019/539 of 1 April 2019 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya 08-04-19 Commission Implementing Regulation (EU) 2019/555 of 5 April 2019 amending for the 298th time Council Regulation (EC) No 881/2002 imp osing certain specific restrictive measures directed against certain persons and entities associate d with the ISIL (Da’esh) and Al-Qaida organisations 09-04-19 Council Implementing Regulation (EU) 2019/560 of 8 April 2019 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran Council Decision (CFSP) 2019/562 of 8 April 2019 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran 10-04-19 Commission Implementing Regulation (EU) 2019/567 of 9 April 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq 12-04-19 Commission Implementing Regulation (EU) 2019/596 of 11 April 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq 23-04-19 Co mmission Implementing Regulation (EU) 2019/622 of 17 April 2019 amending for the 299th time Counci l 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 30-04-19 Council Implementing Regulation (EU) 2019/672 of 29 April 2019 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma Council Decision (CFSP) 2019/678 of 29 April 2019 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. FRANCE Official Gazette (Journal officiel) Date Measure 04-04-19 Prime Minister: 1 Decree No. 2019-265 of 3 April 2019 on the determination in France of the social rights of persons who have completed periods of insurance or periods of employment completed un der United Kingdom legislation and the practice of the profession lawyer in case of no agreement on the withdrawal of the United Kingdom from the European Union Notices to importers Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 67 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 02-04-19 2019/20 – Notice to Importers of Ferro-Silicon Originating in Russia and the People’s Republic of China 10-04-19 2019/21 – Notice to importers of prepared or preserved tuna fillets from Cape Verde 2019/22 – Notice to Importers of Certain Pipe Fittings 12-04-19 2019/23 – Notice to importers of products eligible for tariff quotas: List of holidays without allowances 2019/24 – Notice to importers of goods from the United Kingdom 2019/25 – Notice to importers of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States 16-04-19 2019/26 – Notice to economic operators 17-04-19 2019/27 – Notice to Importers of Sulfanilic Acid Originating in the People’s Republic of China 19-04-19 2019/28 – Notice to Importers of Certain Fiberglass Filament Products Originating in the People’s Republic of China 30-04-19 2019/29 – Notice to importers of iron and steel products 2019/30 – Notice to Importers of Certain Fiberglass Filament Produ cts Originating in the People’s Republic of China THE NETHERLANDS Export control policy amended On 17 April 2019, a letter (22054 № 311) from the Ministers for Foreign Trade and Development Cooperation and Foreign Affairs was presented to the Lower House of the States General (Parliament) which set forth a tightened export control policy. The letter states that as a result of the tightened arms export policy in connection with the conflict in Yemen, General Transit Regulation NL007 was amen ded and is now no longer usable for exports with Egypt as its final destination. An individual license must now be applied for, which will result in a careful assessment against the eight criteria of the EU Common Position on arms export. The transit arrangement can be used again for the final destination Qatar since this country is no longer part of the coalition led by Saudi Arabia. A new policy regarding the period of validity of licenses will take effect on 1 July 2019 and is as follows: Military goods  Individual and global licenses for military goods to allies (including after sales and brokering within the EU) will now be valid for three years, in accordance with the validity of global licenses for transfers within the EU;  The validity of individual and global licenses for military goods to third countries (non-allies) remains unchanged for one year, as it is not possible to make a careful risk assessment over a period longer than one year;  The period of validity of permits of a temporary nature, including applications for transit to third countries, as well as permits that are partly linked to other legislation and regulations such as the Weapons and Ammunition Act (Wwm) remain unchanged for one year. Dual-use goods Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 68  The starting point is a standard validity period for all licenses for dual-use goods (individual and global) of two years;  Individual and global licenses for sensitive dual-use goods to sensitive destinations that are submitted to the Ministry of Foreign Affairs for assessment on the basis of the working arrangements with Customs will retain their current validity of one year. This also includes applications for exemption for the Chemical Weapons Convention, license applications for the so-called NSG Trigger List , Wassenaar Sensitive / Very Sensitive and Annex IV goods, permits related to sanctions and in the context of the anti-torture regulation (2019 /125). SWITZERLAND Recueil officiel Date Measure 29-03-19 FSIV Ordinance instituting measures to prevent the introduction of avian influenza present in certain Member States of the European Union (RS 916.443.102.1) 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) 02-04-19 DFI Ordinance on Schedules of Narcotic Drugs, Psychotropic Substances, Precursors and Chemical Additives (Ordinance on Narcotic Drugs, OTStup-DFI) (RS 812.121.11) FSVO Ordinance instituting measures to prevent the introduction in Switzerland of lumpy skin disease present in some Member States of the European Union (RS 916.443.112) 03-04-19 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 16-04-19 Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural I mports , OIAgr) (RS 916.01) 18-04-19 FSIV Ordinance instituting measures to prevent the introduction of avian influenza present in certain Member States of the European Union (RS 916.443.102.1) 25-04-19 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) 30-04-19 Ordinance of the FDF on goods benefiting from customs relief 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) Ordinance on the Export and Brokerage of Goods for the Surveillance of the Internet and Mobile Communications (RS 946.202.3) Date Restrictive Measure 01-04-19 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: 29- 03-19 ] 02-04-19 Amendment to the Ordinance instituting measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (RS 946.231.176.72) [Entry into force 02-04-19 at 6 pm] 05-04-19 Amendment to the Ordinance of 7 August 1990 instituting economic measures towards the Republic of Iraq (RS 946.206) [Entry into force 04-04-19] 09-04-19 Amendment to the Ordinance of 7 August 1990 instituting economic measures towards the Republic of Iraq (RS 946.206) [Entry into force 08-04-19] 15-04-19 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 13-04-19] Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 69 Date Restrictive Measure 18-04-19 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 17-04-19] 23-04-19 Amendment to the ordinance of 14 March 2014 imposing measures against the Central African Republic (RS 946.231.123.6) [Entry into force: 18-04-19] Amendment to the Ordinance of 2 October 2000 establishing measures against persons and organizations linked to Osama bin Laden, the “Al-Qaïda” group or the Taliban (RS 946.203) [Entry into force 18-04-19] UNITED KINGDOM UK enacts Russia (Sanctions) (EU Exit) Regulations 2019 On 15 April 2019, the legislation.gov.uk website posted SI 2019/855 – The Russia (Sanctions) (EU Exit) Regulations 2019. According to the Explanatory Note that accompanied the Regulations, most of which will come into force on exit day: These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime under that Act in relation to Russia. These Regulations are made for the purpose of encouraging Russia to cease actions destabilising Ukraine or undermining or threatenin g the territorial integrity, sovereignty or independence of Ukraine. Following the UK’s withdrawal from the European Union, these Regulations will replace the EU sanctions regimes in relation to Russia. The EU sanctions regimes are currently implemented via EU Council Decisions and Regulations. The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine. Designated persons may be excluded from the United Kingdom and may be made subject to financial sanctions, including having their funds or economic resources frozen. These Regulations also impose restrictions on trade in military goods and technology, on certain dual-use and energy-related items, and impose restrictions on supplying infrastructure-related goods and technology to Crimea and on importing goods from Crimea. These Regulations also restrict the provision of services related to the trade in those items. The Regulations also restrict persons from dealing with certain financial instruments, restrict the provision of finance and funds, and restrict investment in relation to Crimea. The Regulations provide for certain exceptions to this sanctions regime, including in relation to financial sanctions (for example to allow for frozen accounts to be credited with interest or other earnings), trade sanctions and also acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer powers on the Secretary of State and the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial and trade sanctions imposed. Schedule 5 of these Regulations sets out the purposes pursuant to which the Treasury will issue such licences. The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in these Regulations and prescribe the mode of trial and penalties that apply to such offences. The Regulations also confer powers on specified maritime enforcement officers to stop and search ships in international and foreign waters for the purpose of enforcing specified trade sanctions and to seize goods found on board ships which are being, or have been, dealt with in contravention, or deemed contravention, of those prohibitions. The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The Regulations revoke the relevant EU Regulations relating to the existing EU Russia sanctions regimes, in so far as those Regulations would have had effect in the UK after exit day. The Regulations also revoke existing UK trade and financial sanctions regulations relating to the existing EU Russia sanctions regimes. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 70 While most of the Regulations come into fo rce on exit day, the following provisions came into force the day after the day on which the Regulations were made: regulation 2 (interpretation); regulation 4 (purposes);第2部分; and Schedule 1 (rules for interpretation of regulations 7(2) and 16(7)). Legislation (legislation.gov.uk) Date Measure 01-04-19 SI 2019/670 – The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2019 SI 2019/696 – The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/719 – The Stamp Duty (Method of Denoting Duty) Regulations 2019 SI 2019/720 – The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/732 – The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Bwyd (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019 02-04-19 SI 2019/733 – The Common Agricultural Policy and Agriculture and Horticulture Development Board (Am endment etc.) (EU Exit) Regulations 2019 SI 2019/741 – The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 SR 2019/73 – The Plant Health (Import Inspection Fees) Regulations (N orthern Ireland) 2019 03-04-19 SSI 2019/130 – The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 SSI 2019/131 – The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 SI 2019/753 – The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/758 – The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/759 – The Food and Farming (Amendment) (EU Exit) Regulations 2019 SI 2019/763 – The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/765 – The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Re gulations 2019 04-04-19 SI 2019/771 – The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 SI 2019/782 – The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 SI 2019/784 – The Health Serv ices (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/795 – The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019 05-04-19 SI 2019/786 – The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 SI 2019/787 – The Plant Health (EU Exit) Regulations 2019 SI 2019/788 – The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/791 – The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/806 – The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 SI 2019/809 – The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendm ent) (EU Exit) Regulations 2019 SI 2019/811 – The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/812 – The Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 71 Date Measure SI 2019/813 – The Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 SI 2019/819 – The Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 5 and Miscellaneous Commencements) (EU Exit) Regulations 2019 08-04-19 SI 2019/802 – The Animal Welfare (Amendment) (EU Exit) Regulations 2019 SI 2019/814 – The Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 SI 2019/817 – The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 SI 2019/820 – The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 09-04-19 SI 2019/821 – The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 SI 2019/822 – The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 SI 2019/823 – The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 10-04-19 SI 2019/824 – The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 SI 2019/828 – The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/830 – The Cat and Dog Fur (Control of Import, Export and Placing on the Market) (Amendment) (EU Exit) Regulations 2019 SI 2019/849 – The Regulated Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 11-04-19 SR 2019/82 – The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 SI 2019/859 – The European Union (Withdrawal) A ct 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019 SI 2019/860 – The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 12-04-19 SI 2019/844 – The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 SI 2019/846 – The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 SI 2019/848 – The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 SI 2019/858 – The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 15-04-19 SR 2019/85 – The Common Agricultural Policy (Review of Decisions) (Amendment) Regulations (Northern Ireland) 2019 SI 2019/732 – Correction Slip 1 SI 2019/735 – Correction Slip 1 SI 2019/737 – Correction Slip 1 16-04-19 SI 2019/865 – The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019 23-04-19 SSI 2019/142 – The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regu lations 2019 26-04-19 SSI 2019/149 – The International Joint Investigation Teams (International Agreements) (EU Exit) (Scotland) Order 2019 Date Restrictive Measure 05-04-19 SI 2019/792 – The Syria (Sanctions) (EU Exit) Regulations 2019 15-04-19 SI 2019/843 – The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2019 SI 2019/855 – The Russia (Sanctions) (EU Exit) Regulations 2019 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 72 HMRC updates The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs: Release Date Ref. no. and Subject Customs Information Papers 03-04-19 Authorised Economic Operator Central Site change of address (CIP9) Tariff, Anti-Dumping and Other Notices 01-04-19 Notice 117: Authorised Economic Operator 02-04-19 Notice 101: deferring duty, VAT and other charges Urea ammonium nitrate solutions originating in Russia, Trinidad and Tobago and the US (Anti-Dumping Duty 2326) Ceramic table ware and kitchenware originating in China (Anti-Dumping Duty 2327) 04-04-19 Revenue and Customs Brief 12 (2018): refunds of VAT in the UK for non-EU businesses Anti-money laundering supervision: discussion about fees 05-04-19 Excise Notice 207: Excise Duty drawback 05-04-19 Partnership pack: preparing for changes at the UK border after a no deal EU exit 08-04-19 Get a UK EORI number to trade goods into and out of the UK Partnership pack: preparing for changes at the UK border after a no deal EU exit 10-04-19 Notice 3001: customs special procedures for the Union Customs Code How to make a cash declarati on when entering or leaving the UK 16-04-19 Iron and steel pipe and tube fittings (Anti-Dumping Duty 2329) 18-04-19 Help and support for traders if the UK leaves the EU with no deal (Updated) 24-04-19 Guidance: Customs Warehousing (Updated) 25-04-19 Urea and ammonium nitrate solutions, originating in Russia, US, Trinidad and Tobago (Anti-Dumping Duty 2330) Imports of melamine, originatin g in the People’s Republic of China (Anti-Dumping Duty 2332) Grain-oriented flat-rolled products of silicon-electrical steel, originating in Japan (Anti-Dumping Duty 2331) 29-04-19 Woven textile fabrics (Tariff notice 4) Threaded articles made of stainless steel with an internal thread (Tariff notice 5) Notice 205: official customs seals and trader sealing Article used to organise cables in cabinets (Tariff notice 6) Apparatus for the transfer of liquid droplets (Tariff notice 7) Fabric designed to be hung on a high bed rail (Tariff notice 8) 30-04-19 Classification of high speed cameras (Tariff notice 1 0) Goods Location Codes for data element 5/23 of CDS Audio apparatus for sound reproduction of audio files (Tariff notice 11) Customs Declaration Service procedure codes (Tariff stop press notice 15) ECJU Notices to Exporters and DIT documents The following Export Control Joint Unit (ECJU) Notices to Exporters and other releases, and Department for International Trade (DIT) documents, r eports, consultations, trade agreements and country guides were issued [DBEIS= Department for Business, Energy & Industrial Strategy; FCO=Foreign & Commonwealth Office; HMT= HM Treasury; RPC= Regulatory Policy Committee]: Date Notice No. and Subject 03-04-19 Notice to Exporters 2019/05. Her Majesty’s Revenue & Customs (HMRC) recently issued a compound penalty of £82,152.33 to a UK exporter. This related to unlicensed exports of military goods controlled by The Export Control Order 2008.[unlicenced exports of controlled military goods] Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 73 Date Notice No. and Subject 02-04-19 Signed UK trade agreements transitioned from the EU Added Iceland and Norway (DIT) Guidance – Existing trade agreements if the UK leaves the EU with no deal Removed EEA countries from the list (DIT) EU-Vietnam Free Trade Agreement (EUVTFA): RPC Opinion (DIT, RPC) 05-04-19 Collection – CARIFORUM-UK Economic Partnership Agreement 10-04-1 9 Guidance – Proof of origin: trade continuity agreements and GSP (DIT) 12-04-19 Policy paper – Continuing the UK’s trade relationship with the Pacific States: parliamentary report (DIT) Updated 17-04-19 Collection – Providing services to EEA and EFTA countries after EU Exit (DIT, DBEIS, FCO) 23-04-19 Guidance – Trade remedies: investigating dumped or subsidised goods (DIT) Guidance – Who is subject to financial sanctions in the UK? (DIT, OFSI) (Updated) OTHER EU-EFTA COUNTRIES Import-export related measures The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Measure GERMANY 03-04-19 Law for the transitional period following the withdrawal of the United Kingdom of Great Britain and Northern Irela nd from the European Union (Brexit Transition Law BrexitÜG) (27-03-19) from No. 11 from 03.04.19, page 402 ICELAND 02-04-19 № 311/2019 Rules amending rules № 200/2017 on Foreign Exchange, with subsequent amendments 30-04-19 № 390/2019 Regulation on the allocation of tariff quotas for imports of agricultural products from the EU Member States. IRELAND (EIRE) 12-04-19 SI № 149 of 2019 – Communications Regulation (Universal Postal Service) (Amendment) Regulations 2019. SI № 150 of 2019 – Communications Regulation (Universal Postal Services) Order 2019. LIECHTENSTEIN 04-04-19 LGBI № 2019.087 Notice of 26 March 2019 amending Annex 3 to the Agreement establishing the World Trade Organization (LR № 0.632.20 23-04-19 LGBI № 2019.093 Announcement of 16 April 2019 of the Swiss legislation applicable pursuant to the customs agreement in the Principality of Liechtenstein (Annexes I and II) (LR № 170.551.631) LGBI № 2019.098 Exchange of Letters between the Principality of Liechtenstein and the Euro pean Union concerning the adoption of certain Commission Implementing Decisions of 15 October 2018 and 25 February 2019 in the context of the Entry / Exit System (EES) (further development of the Schengen acquis) (LR № 0.362.380.093) LGBI № 2019.099 Exchange of Letters between the Principality of Liechtenstein and the European Union concernin g the adoption of Regulation (EU) 2019/592 amending Regulation (EU) 2018/1806 establishing the list of third countries whose nationals must be in possession of visas when crossing the external borders, and the list of third countries whose nationals are exempt from that requirement, with a view to the withdrawal of the United Kingdom from the Union (further development of the Schengen acquis) (LR № 0.362.380.094) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 74 Date* Measure LUXEMBOURG 11-04-19 Mem A237: Law of 8 April 2019 on measures to be taken in relation to the financial sector in the event of withdrawal fro m the United Kingdom of Great Britain and Northern Ireland of the European Union and amending: 1 ° the amended law of 5 April 1993 relating to the financial sector; 2 ° the amended law of 10 November 2009 on payment services; 3 ° the amended law of 17 December 2010 on undertakings for collective investment; 4 ° the amended law of 12 July 2013 on alternative investment fund managers; 5 ° the amended law of 7 December 2015 on the insurance sector; and 6 ° the amended law of 18 December 2015 on the default of credit institutions and certain investment firms. Mem A238: Law of 8 April 2019 on measures to be taken in relation to the financial sector in the event of withdrawal from the United Kingdom of Great Britain and Northern Ireland of the European Union and amending: 1 ° the amended law 13 February 2007 relating to specialized investment funds; and 2 ° the amended law of 17 December 2010 on undertakings for collective investment. Mem A244: Grand-Ducal Regulation of 8 April 2019 amending the amended Grand-Ducal Regulation of 27 February 2014 laying down the conditions for the marketing, production and certification of cereal seed. Mem A245: Grand-Ducal Regulation of 8 April 2019 amending the Grand-Ducal Regulation of 1 June 2018 laying down the conditions for the marketing, production and certification of fodder plant seeds. 16-04-19 Mem A249: Publication of the Annex to 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 products related to the defense, in accordance with article 22 of the law of 27 June 2018 on the control of exports. 17-04-19 Mem A250: Grand-Ducal Regulation of 8 April 2019 amending the Grand-Ducal Regulation of 25 April 2001 concerning the marketing of propagating material of ornamental plants. 24-04-19 Mem A267: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem A268: Implementation of new Europe an standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg. Mem A269: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg. MALTA 16-04-19 LN 77 of 2019 – Prevention of Money Laundering and Funding of Terrorism (Amendment) Regulations, 2019 – Government Gazette of Malta No. 20,171– 16.04.2019 NORWAY 02-04-19 FOR-2019-03-30-426 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the regulations on nutrition and health claims about food FOR-2019-04-01-427 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to regulations on residues of pesticides in food and feed FOR-2019-04-01-428 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on pesticides 03-04-19 FOR-2019-03-18-434 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on amendments to the product regulations (amendment to § 2-5) [prohibited to produce, import, export, market and use octylphenol and octylphenol ethoxylates, and preparations containing these substances] FOR-2019-03-18-435 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on the amendment of the product regulations FOR-2019-03-29-437 MINISTRY OF HE ALTH AND CARE SERVICES Regulations on changes in the aroma regulations FOR-2019-03-29-438 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on amendment s to the regulation on biocides (the Biocides Regulations) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 75 Date* Measure FOR-2019-03-30-439 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to regulations on limit values for drug residues in foodstuffs from animals FOR-2019-04-01-440 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to regulations on materials and objects in contact with foodstuffs (food contact regulations) FOR-2019-04-01-441 MINISTRY OF HEALTH AND CARE SERVICES, MINISTRY OF AGRICULTURE AND FOOD, MINISTRY OF TRADE AND FISHERIES Regulations on amendments to re gulations on limit values for drug residues in foodstuffs from animals FOR-2019-04-01-442 MINISTRY OF LABOR AND SOCIAL AFFAIRS, MINISTRY OF CLIMATE AND ENVIRONMENT, MINISTRY OF JUSTICE AND EMERGENCY PLANNING, MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the CLP regulations [classification, labeling and packaging of substances and preparations classification, labeling and packaging of substances and preparations] FOR-2019-04-02-445 MINISTRY OF CLIMATE AND ENVIRONMENT, MINISTRY OF LABOR AND SOCIAL AFFAIRS, MINISTRY OF JUSTICE AND EMERGENCY PLANNING Regulations on amendments to regulations on the registration, assessment, approval and limitation of chemicals (REACH regulations) 05-04-19 FOR-2019-04-04-456 MINISTRY OF AGRICULTURE AND FOOD, MINISTRY OF TRADE AND INDUSTRY Regulations on amendments to regulations on labeling and marketing of feed materials 08-04-19 FOR-2019-04-01-461 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on notification and notification of disease in animals 10-04-19 FOR-2019-04-08-468 MINISTRY OF TRANSPORT AND COMMUNICATIONS Regulations on certain aspects of aviation security with regard to the UK’s exit from the EU FOR-2019-04-10-471 MINISTRY OF FINANCE Regulations on statutory insurance etc. which are subscribed to British companies and have access to provide insurance services, etc. after the United Kingdom of Great Britain and Northern Ireland (UK) withdrawal from the Europ ean Union (EU) FOR-2019-04-10-481 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the Regulations of 2 November 2004 no. 1441 on the manufacture and import of pharmaceuticals, … on Pharmacy at the United Kingdom’s withdrawal from the European Union 12-04-19 FOR-2019-04-02-493 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the regulations on food additives FOR-2019-04-09-494 MINISTRY OF FOREIGN AFFAIRS Regulations on amendments to regulations on the export of defense materials, multipurpose goods, technology and services 26-04-19 FOR-2019-04-24-532 MINISTRY OF HEALTH AND CARE SERVICES, MINISTRY OF TRADE AND INDUSTRY, MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to the regulations on additives for use in feed POLAND 02-04-19 № 620 Act of 15 March 2019 on the rules of conducting business activity by some entities of the financial market in connection with the occurrence of the United Kingdom of Great Britain and Northern Ireland from the European Union without concluding the agreement referred to in art. 50 ust. 2 of the Treaty on European Union № 621 Act of 15 March 2019 on the regulation of certain matters related to the recognition of professional qualifications in connection with the occurrence of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community without concluding the agreement referred to in art. 50 ust. 2 of the Treaty on European Union № 622 Act of March 15, 2019 on the regulation of certain cases in connection with the occurrence of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community without concluding the agreement referred to in art. 50 ust. 2 of the Treaty on European Union 04-04-19 № 638 The Act of February 22, 2019 amending the Act on Health Protection against the Consequences of Using Tobacco and Tobacco Products Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 76 Date* Measure 16-04-19 № 703 Regulation of the Minister of Entrepreneurship and Technology of March 29, 2019 amending the ordinance on permits for the import or export of goods granted under the means of administering trade in goods with foreign countries 17-04-19 № 714 Decree of the Minister of Finance of March 22, 2019 regarding the publication of a uniform text of the Minister of Finance’s ordinance on the place of providing services and refund of the amount of tax charged to an entity purc hasing (importing) goods or services № 716 Regulation of the Minister of Finance of April 12, 2019 regarding elements of the security provided on the unit packaging of tobacco products sold in free zones to travelers traveling to third countries 25-04-19 № 754 Regulation of the Minister of Agriculture and Rural Development of 17 April 2019 amending the regulation on the labeling of particular types of foodstuffs № 758 Announcement of the Prime Minister of April 2, 20 1 9 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Special Economic Zone of Legnica SPAIN 05-04-19 INDUSTRY, TRADE & TOURISM (ITT): Resolution of April 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Companies, by which the UNE standard projects that the Spanish Standardization Association has in process, corresponding to the month of the year, are submitted to public information. March 2019.(BOE-A-2019-5063) ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, whereby the 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 March 2019. (BOE-A-2019-5064) 08-04-19 ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Companies, publishing the list of European standards that have been ratified during the month of March 2019 as Spanish norms. (BOE-A-2019-5219) ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Companies, publishing the list of UNE regulations annulled during the month of March 2019. (BOE-A-2019-5220) ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, by which the list of UNE standards approved by the Spanish Associat ion for Standardization is published, during the month of March 2019.(BOE-A-2019-5221) 10-04-19 Resolution of April 3, 2019, of the Congress of Deputies, ordering the publication of the Convalidation Agreement of Royal Decree-Law 5/2019, of March 1, by which contingency measures are adopted before the withdrawal of the United Kingdom of Great Britain and Northern Ireland of the European Union without the agreement provided for in Article 50 of the Treaty on European Union being reached.(BOE-A-2019-5328) 12-04-19 Law 2/2019, of March 1, on food quality, differentiated quality a nd direct sale of food products. (BOE-A-2019-5481) PRESIDENCY: Royal Decree 258/2019, of April 12, which modifies Royal Decree 824/2010, of June 25, which regulates pharmaceutical laboratories, manufacturers of active pharmaceutical ingredients and foreign trade of medicines and medicines in research. (BOE-A-2019-5568) 16-04-19 AGRICULTURE, ETC.: Order APA / 447/2019, of April 12, which modifies Order APA / 1076/ 2018, of October 11, which establishes the phytosanitary requirements for the import or entry of wooden packaging and pallets in the Autonomous Community of the Canary Islands. (BOE-A-2019-5799 – 2 pages – 220 KB ) 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 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 77 websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Restrictive Measure IRELAND (EIRE) 26-04-19 SI No. 168/2019 – European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) (No. 2) Regulations 2019 SI No. 169/2019 – European Union (Restrictive Measures concerning Tunisia) Regulations 2019 SI No. 170/2019 – European Union (Restrictive Measures concerning Syria) Regulations 2019 SI No. 171/2019 – European Union (Restrictive Measures concerning South Sudan) (No. 2) Regulations 2019 SI No. 172/2019 – European Union (Restrictive Measures concerning the Democratic Republic of the Congo) Regulations 2019 LIECHTENSTEIN 11-04-19 LGBI № 2019.090 Ordinance of 9 April 2019 amending the Regulation on measures against Libya (LR № 946.221.4) 23-04-19 LGBI № 2019.092 Ordinance of 16 April 2019 amending the Ordinance on Measures against the Islamic Republic of Iran (LR № 946.223.3) Non EU-EFTA European Countries TURKEY Legislation (laws, resolutions, orders, etc.) The following documents were published in the on-lin e TC Resmî Gazete. Date Subject 02-04-19 Regulation Amending the Regulation on the Procedures to be Applied in the Import and Export of Measurement and Measurement Instruments 03-04-19 Communiqué on the Administration of Quota and Tariff Quotas in Importation (No: 2019/2) Communiqu é Amending the Communiqué on Imports to be Taken by Public Institutions and Imports (Import: 2018/2) 04-04-19 Regulation Amending the Regulation on the Procedures to be Applied in the Import and Export of Measurement and Measurement Instruments 07-04-19 PRESIDENT: (Additional Decision to Import Decree (Number of Decision: 863) 10-04-19 Regulation Amending the Regulation on the Announcement of the Finalization of the Finalized Conviction in relation to the Types of Smuggling 12-04-19 Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/11) Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/12) Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/13) 13-04-19 The Presidency of the Presidency No: 2019/6 Concerning the Coordination Committee on Trade Facilitation 17-04-19 Decision on the Amendment of the Decision on the Implementation of Tariff Quota in Potato Imports (Number of Decisions: 951) 18-04-19 The United Natio ns Security Council 2140 (2014), 2216 (2015), 2402 (2018) and 2456 (2019) of Decision No Line with some of the people, found Banks in Turkey and other financial institutions with real and legal persons in Deposit Box Available at Reserve Position Including, All Rights and Receivables and assets to freeze up to 26/2/2020 Date and all sorts of transactions related to the Treasury and the Ministry of Finance Resolution on the Resolution of the Decision (Number of decisions: 969) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 78 Date Subject Communiqué on the Amendment to the Communiqué Regarding Exported Goods (Communiqué No: Export 2006/7) (Export: 2019/3) 19-04-19 Decision on the Implementation of Tariff Quotas in the Import of Some Textile Products (Number of Decisions: 1002) 20-04-19 December 10, 1991 “Agreement between the EFTA States and Turkey,” dated April 6, 2017 and the Joint Committee established by Decision No. 1/2017 on the Ratification of t he Decision (Decision Number: 1009) 27-04-19 Presidency of the Presidency of the World Trade Organization Coordination Council No: 2019/7 28-04-19 List of Inward Processing Permits (D1) of March 2019 List of Taxes, Duties and Exemptions for March 2019 (Y) List of Permissions for Inward Processing, Revoked Based on Company Request UKRAINE Legislation (laws, resolutions, orders, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers (Ро зпорядження Кабінету Міністрів України), Regulations (Положення), Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website or Central Executive Authorities (Урядовий Кур’єр) website during the period of coverage of this Update: Date Subject 06-04-19 № AD-408/2019/4411-03 (03-04-19) – Notification of anti-dumping investigation and implementation of the anti-dumping investiga tion on the importation of cable s and wire ropes from Russia № SP-409/2019 / 4411-03 (03-04-19) – Notification on violation and conduct of review of special measures for the import into Ukraine of flexible porous plates, blocks and sheets of polyurethane foams, regardless of country of origin and export № AD-410/2019/4411-03 (03-04-19) Notification of extending for additional 5 years the anti-dumping measures on glass containers of medical purpose with capacity up to 0,15 liters originating in Russia 10-04-19 On amendments to the list of goods prohibited for impo rt into the customs territory of Ukraine originating from the Russian Federation Resolution of the Cabinet of Ministers of Ukraine dated April 10, 2019 No. 305 On amendments to the list of goods prohibited for import into the customs territory of Ukraine originating from the Russian Federation Resolution of the Cabinet of Ministers of Ukraine dated April 10, 2019 No. 306 On the submission for ratification by the Verkhovna Rada of Ukraine of an agreement betw een the Cabinet of Ministers of Ukraine and the Government of the Republic of Poland on the maintenance of border road bridge objects at the Ukrainian-Polish state border Order of the Cabinet of Ministers of Ukraine dated April 10, 2019 No. 244-p 20-04-19 № AD-413/2019/4411-03 (17-04-19) – Certain solid fertilizers (ammonium nitrate) and other mineral or chemical products originating in Russia – AD review № AD-411/2019/4411-03 (17-04-19) – Termination of the anti-dumping investigation on import of syringes originating in India, Turk ey and China without the use of definitive anti-dumping measures № AD-412/2019 / 4411-03 (17-04-19) – On the application of final anti-dumping measures regarding the importation into Ukraine of tubes of rubber medical supplies originating in Poland and China – 5 years anti-dumping measures № AD-414/2019 / 4411-03 (17-04-19) Notification of anti-dumping investigation and implementation of the anti-dumping investigation on the importation of gas concrete bloc ks originating In Belarus Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 79 Date Subject Ministry of Economic Development and Trade announces the expiration of the term of application of the final anti-dumping measures on imports into Ukraine of seamless stainless steel pipes originating in the People’s Republic of China № AD-326/2014/4421-06 of 27-11-2014 Ministry of Economic Development and Trade announces the expiration of the term of application of the final anti-dumping measures on imports into Ukraine of switching transfers originating in Russia № AD-325-2014/4421-06 of 25-11- 2014 MIDDLE EAST AND NORTH AFRICA MOROCCO Recent Developments on Transfer Pricing The legal framework relating to transfer pricing has undergone several changes over the past two years in Morocco. More recently, the 2019 Financial Act has introduced new requirements for transfer pricing documentation. Moroccan taxpayers will have to prepare specific documentation to justif y their transfer pricing policy to the tax administration. This is intended to improve the control of transfer pricing and audit procedures and to align with existing international practices in this area. Previously, an Advance Transfer Pricing Agreement program (APA), which is optional, had been introduced in 2017 by the Moroccan government for multinational companies established in Morocco allowing the conclusion of APAs between the tax administration and taxpayers located in Morocco. The APA mechanism is governed by Articles 234 bis and 234 ter of the Moroccan General Tax Code. Under these articles, only Moroccan companies with direct or indirect links of dependence with foreign companies and carrying out specific transactions with said foreign companies are allowed to apply for the APA. The specific transactions consist of transfer of goods, provision of services, sale/concession of intangible items, financial transactions, current or exceptional transactions, provision of personne l or goods. The APA’s validity is limited to four fiscal years. This program allows the taxpayer to ensure that there will be no reassessment from the tax administration of corporate income tax relating to its transfer pricing policy throughout the expected period, if it complies with the provisions of the APA as concluded. Decree No. 2-16-571 dated 3 July 2017 sets forth the procedure to be followed for the conclusion of the APA. Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 80 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. P ublication Date Title Board (Коллегии) of the Eurasian Economic Commission Решения 05-04-19 № 46 (02-04-19) On introducing changes in the structure and format of preliminary information on goods intended for importation into the customs territory of the Eurasian Economic Union by road № 47 (02-04-19) On introducing changes in the structure and format of preliminary information on goods intended for importation into the customs territory of the Eurasian Economic Union by rail № 48 (02-04-19) On introducing changes in the structure and format of preliminary information on goods intended for importation into the customs territory of the Eurasian Economic Union by water transport № 49 (02-04-19) On introducing changes in the structure and format of preliminary information on goods intended to be imported into the customs territory of the Eurasian Economic Union by air № 50 (02-04-19) About non-application of some recommendations of the Board of the Eurasian Economic Commission № 51 (02-0 4 -19) About the classifier types of checkpoints across the customs border of the Eurasian Economic Union № 52 (02-04-19) On the list of technical regulations of the Eurasian Economic Union (technical regulations of the Customs Union) № 53 (02-04-19) On the classifier of types of identification documents № 54 (02-04-19) About the classifier of organizational and legal forms of management in the framework of the Eurasian Economic Union № 55 (02—4-19) On the technical task for the development of an integrated information system of the Eurasian Economic Union 19-04-19 № 56 (16-04-19) On the classification of the drug based on live lactic acid bacteria in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union № 57 (16-04-19) On the classification of semi-finished meat “beef patty” in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union № 58 (16-04-19) On the requirements for the pa ckage of documents for initiating a project in the framework of the implementation of the digital agenda of the Eurasian Economic Union and the form of a passport for such a project № 59 (16-04-19) About the classifier medicinal plant materials № 60 (16-04-19) On making changes to the list of standards containing the rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the application and implementation of the requirements of the Technical Regulations of the Customs Union “On packaging safety” (ТР ТС 005/2011) and implementation compliance of technical regulation objects № 61 (16-04-19) On the transitional provisions of the technical regulations of the Eurasian Economic Union “On the safety of alcoholic beverages” (TP EAEU 047/2018) № 62 (16-04-19) About the classifier of medical applications for medical devices № 63 (16-04-19) On introducing changes to section 2.1 of the list of goods in respect of which a permitting procedure ha s b een established for importation into the customs territory of the Eurasian Economic Union and (or) exportation from the customs territory of the Eurasian Economic Union Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 81 Publication Date Title № 64 (16-04-19) On Amendments to the List of Executive Authorities of the Member States of the Eurasian Economic Union, the authorized representatives of which are included in the Advisory Committee on the interaction of regulatory bodies at the customs border of the Eurasian Economic Union № 65 (16-04-19) On the classification of gasohol in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union № 66 (16-04-19) On amending Annex No. 4 to the Instruction on the procedure for filling in a goods declaration № 67 (16-04-19) About reference books and classifiers used in the field of transport and traffic 26-04-19 № 68 (23-04-19) About the Program for the develop ment (amendment, revision) of intergovernmental standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Eurasian Economic Union “On the safety of fish and fish products” ( EAEU TR 040/2016), as well as intergovernmental standards 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 Eurasian Economic ”On the safety of fish and fish products” (EAEU TR 040/2016) and the assessment of compliance of technical regulation objects Board Распоряжение 05-04-19 № 56 (02-04-19) On the implementation of the general process “Formation, maintenance and use of a single regist er of medical devices registered within the Eurasian Economic Union” № 57 (02-04-19) On the implementation of the general process “Formation and maintenance of unified registers of issued or adopted documents on conformity assess ment to the technical regulations of the Eurasian Economic Union (Technical Regulations of the Customs Union)” in terms of a unified register of issued certificates of conformity and registered declarations of conformity № 58 ( 02-04-19) On amending the composition of the Advisory Committee on the agro-industrial complex 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 Russia expands sanctions against Ukraine Russia has introduced additional sanctions against Ukraine, including banning the export of oil and oil products. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 82 Governmental Resolution No. 460-25, adopted on 18 April 2019 with immediate effect, sets out the following new Russian sanctions on Ukraine: 1. Further extends the list of banned imports introduced by Resolution No. 1716-83. The list, which initially included agricultural products, raw materials, food products, industrial goods and certain personal hygiene products, now also covers certain engineering products, light industry goods and metalwork products listed according to their names and HS classification codes. 2. These goods are prohibited from entering Russia if they (i) originate from Ukraine, (ii) are supplied from Ukraine, or (iii) have been in transit through the territory of Ukraine. 3. Lists products that cannot be exported from Russia to Ukraine. The list covers oil, oil products and other goods identified by their names and HS classification codes. 4. Introduces a list of products that, starting from June 1, 2019, cannot be exported from Russia to Ukraine without permission from the Russian Ministry of Economic Development. The list includes certain fuel and energy products specified in accordance with their names and HS classification codes. According to the Russian Prime Minister, Resolution No. 460-25 was adopted in response to Ukraine’s recent decision to expand its own list of products the importation of which from Russia to Ukraine is prohibited. If you have any questions, please contact the authors, Alexander Bychkov and Vladimir Efremov. Legislation (ac ts, 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 01-04-19 Order of the Federal Customs Service of 28.02.2019 № 340 ”On approval of the form of confirmation of payment of customs duties and taxes” (Registered on 03/29/2019 No. 54206) Order of the Federal Customs Service of February 28, 2019 № 341 ”On the determination of customs authorities taking decisions on granting deferral or installment plans for the payment of import customs duties and taxes” (Registered on 3/29/2019 No. 54207) 03-04-19 Order of the Federal Customs Service of 08.02.2019 № 226 ”On approval of the decision form based on the results of customs control , the procedure for filling it out and making changes (amendments) to the said decision, the form of the decision on introducing changes (amendments) to the decision according to the results of customs control, the order of its filling” (Registered 02/04/2019 No. 54247) 04-04-19 Order of the Federal Customs Service of 12.03.2019 № 377 ”On approval of the procedure for confirming the placement of goods for personal use in the places of their temporary storage by a foreign individual who imported such goods and intends to move to a permanent place of residence in the Russian Federation, receive refugee status immigrant in accordance with the legislation of the Russian Federation “ (Registered on 03/04/2019 No. 54255) Order of the Federal Customs Service dated 12/03/2019 № 378 ”On Approval of the decision on the classification of goods and to goods for personal use, the Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 83 Date of Publication Subject order of its filling, changes in the decision” (Registration number 54257 04/03/2019) Order of the Federal Customs Service of 12.03.2019 № 379 ”On approval of the form of the act of acceptance of goods placed under the customs procedure of refusal in favor of the state” (Registered 03.04.2019 No. 54256) Order of the Federal Customs Service of 12.03.2019 № 380 ”On establishing the procedure for keeping records of goods placed under the free warehouse customs procedure and goods manufactured (received) using goods placed under the free warehouse customs procedure, reporting forms for such goods, filling out such forms and the procedure and deadlines for submitting such reports to the customs authority” (Registered on 03/04/2019 No. 54261) Order of the Federal Customs Service of 12.03.2019 № 381 ”On approval of the procedure for organizing customs escort for customs escort of vehicles only on the territory of the Russian Federation ” (Registered on 03/04/2019 No. 54260) 05-04-19 Order of the Fed eral Customs Service of 05.02.2019 № 180 ”On approval of the Procedure for withdrawal of customs, transport (conveyance), commercial and other documents, means of identification of such documents and goods for conducting customs examination and the form of an act of withdrawal of customs, transportation (transportation), and other documents, means of identification of such documents and goods for the customs examination “ (Registered 04/04/2019 No. 54281) 09-04-19 Order of the Federal Customs Service of February 28, 2019 No. 342 ”On approval of the forms of documents required to change the deadlines for the payment of import customs duties and taxes in the form of deferment or installment plans, as well as the procedures for their filling, consideration and decisionmaking on them” (Registered 09.04.2019 No. 54314) 11-04-19 Order of the Federal Customs Service of 18.03.2019 No. 446 ”On approval of the carrier’s application form for unloading (transfer) of supplies and the form of a deci sion of the customs authority based on the results of the said application” (Registered on 11.04.2019 No. 54339) 12-04-19 Order of the Federal Customs Service of 06.02.2019 No. 194 ”On approval of the forms and procedures for filling out documents used in making decisions on the classification of goods moved across the customs border of the Eurasian Economic Union in unassembled or disassembled, including incomplete or incomplete, import or the export of which is expected by various consignments for a fixed period of time, when making changes to such a decision, if the application is refused and the decision is made, and also upon termination of such a decision “ (Registered 04/11/2019 No. 54347) Order of the Federal Customs Service of March 18, 2019 No. 424 ”On recognizing invalid the order of the Federal Customs Service of Russia of June 23, 2015 No. 1232” On approval of the forms of documents used in making decisions on the classification of goods in unassembled or disassembled, inc luding incomplete or an uncompleted form according to the uniform Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union, as well as the procedure for filling in the decision on the classification of goods in unassembled or disassembled, including incomplete or uncompleted de, import or export of which is assumed various consignments within the stipulated period of time “ (4.11.2019 Registered № 54346) Order of the Federal Customs Service of 18.03.2019 No. 442 ”On approval of the application form for the transfer of goods placed under the customs procedure of temporary admission (tolerance), the form of the obligation of the person to whom the goods are transferred, on compliance with the conditions of use of goods in accordance with the customs procedure of temporary admission ( admission), the requirements and conditions of temporary importation and the form of the decision of the customs auth ority on the results of consideration of the said application “ (Registered 04/11/2019 No. 54345) 16-04-19 Order of the Federal Customs Service of 14/1/2019 № 28, ”On the classification in accordance with the Single Commodity Nomenclature of Foreign Trade Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 84 Date of Publication Subject of the Eurasian Economic Union of certain goods” (Registration № 54388 04/16/2019) Order of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Federal Customs Service of 18.03.2019 No. 135/857/409 ”On the recognition of regulatory acts on the issuance of vehicle passports and vehicle chassis passports” (registered 15.04 .2019 No. 54380) Order of the Federal Customs Service of 18/3/2019 № 443 ”On approval of the application form for an extension of the customs procedure of temporary export and shape decisions of the customs authority on the results of consideration of the application” (Member 04.15.2019 № 54373) Order of the Federal Customs Service of 18/3/2019 № 445 ”On approval of the application form for transactions with goods placed under the customs procedure of customs warehouse, and shape decisions of the customs authority on the results of conside ration of the application” (Registration № 54374 15/04/2019) Africa AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA) AfCFTA ratified by necessary 22 countries See article under OTHER INTERNATIONAL MATTERS above. CÔTE D’IVOIRE Launch of the unique identification certificate for business creation Cote d’Ivoire has recently implemented a unique identification certificate for business creation. Established in 2015 by the Ordinance No. 2015-182 of 24 March 2015 and its implementation Decree No. 2015-287 of 27 April 2015, the unique identification certificate (certificat d’identification unique) for business creation was officially launched on 11 March 2019. The unique identification certificate (IDU) is a 14-digit number document which seeks to regis ter companies created online on the website dedicated to investments in Cote d’Ivoire, managed by the Ivory Coast Investment Promotion Centre (Centre de promotion des investissements en Côte d’Ivoire – CEPICI). The certificate replaces all other numbers generated at each new business creation: Trade Register Number (Numéro de Registre de Commerce) assigned by the Registrar of the Commercial Court, Tax Account Number (Numéro de Compte Contribuable) assigned by the Directorate General for Taxation (Direction Générale des Impôts), Registration Number of the National Occupational Social Security Fund (Caisse Nationale de Prévoyance Sociale) and the Importer/Exporter Code assigned by the Ministry of Commerce. Formerly registered businesses are invited to get their IDU within one year. Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 85 GUINEA Establishment of a Commercial C ourt in Conakry The country’s first commercial court was inaugurated by President Alpha Condé in Conakry on 20 March 2019, four years after the adoption of Law L/2015/019 AN on the judicial organization that established the Commercial Court. This law was then amended in 2017 by Law L/2017/033/AN which creates, organizes and defines the operating rules of the Commercial Court of Conakry. The first instance court specializing in the adjudication of disputes between traders as defined by the OHADA Uniform Acts aims to provide legal and judicial certainty with a view to facilitating business activity. The creation of the Commercial Court is an integral part of the International Finance Corporation’s (IFC) conditions for accompanying Guinea. The installation of the new Court is accompanied by a number of measures, including an increase in the salaries of commercial magistrates in order to guarantee their independence and the establishment of the High Council of the Judiciary (conseil supéri eur de la magistrature) to ensure compliance with the ethical and deontological rules of the profession. Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila. SOUTH AFRICA South African Customs and Excise Act Amendments of Rules and Tariff Schedules Date Publication Details Subject Implementation Date 18-03-19 GG 42316 R. 429 Regulations prescribing electronic services for the purpose of the definition of “electronic services” in section 1 of the Value-Added Tax Act, 1991  Notice R.429 See also the Consolidated Regulations after Amendment to Regulations prescribing electronic services, and the Explanatory Memorandum on the Regulations prescribing electronic services 01-04-19 05-04-19 GG.42381 R.563 Amendment to Part 7A of Schedule No. 1 to amend Note 5 to include the reference to grams per 100 millimeters and insert Note 6 to indicate how sugar content will be calculated  Notice R.563 05-04-19 GG.42385 R.565 Correction Notice Amendment to Part 1 of Sch edule No. 1 – as published in Government Gazette No. 42338 dated 29 March 2019 – by the substitution of tariff subheading 8471.49.90 to change the wording from “with a screen size exceeding 4 5cm” to “other”  Notice R.565 With retrospective effect from 01-04-19 GG.42381 R.562 Amendment to the Rules in terms of the Customs & Excise Act, 1964, to enhance the administration and compliance in respect of Health Promotion Levy on Sugary Beverage  Notice R.562 05-04-19 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 86 Date Publication Details Subject Implementation Date o DA 185.4A16 – Client type 4A16 – Noncommercial manufacturer of sugary beverages (Section 59A and Rule 54I.03) o DA 185 – Registration and Licensing of Customs and Excise Clients o DA 185.4B2 – Licensing client type 4B2 – Manufacturing warehouse GG.42381 R.564 Amendment to the Rules in terms of the Customs & Excise Act, 1964, relating to the implementation of the UCR  Notice R.564 TOGO Cr eation of the National Agency for Cyber Security (ANCy) On 13 February 2019, the Council of Ministers adopted a decree forming the National Agency for Cyber Security (ANCy). The decree, which defines the jurisdictional status, mission and authority of ANCy, sets forth the framework for the agency’s governance and establishes the management and control of its accounts, reflects the Togolese government’s commitment to fighting cybercrime. The ANCy was first created under Law No. 2018-026 of 7 December 2018 on Cybersecurity and the Fight against Cybercrime, which aims to “prevent and address digital threats while ensuring the promotion and development of information and communication technologies.” Pursuant to the statute, ANCy is placed under the authority of the Ministry of Posts, Digital Economy and Technological Innovations and supports the definition and implementation of the Togolese Republic’s policy and strategic direction in matters of cybersecurity. The Agency is responsible at the national level for the prevention and detection of cyberattacks, the protection of information resources against such attacks and the development of response actions. Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila. OTHER AFRICAN COUNTRIES (EXCEPT NORTH AFRICA) Date Subject Eswatini (formerly Swaziland) 31-03-19 Guideline on Registration of Exporters for Preferential Treatment Access Seychelles 29-03-19 SI 14 of 2019 Excise Tax (Imposition of Sugar Tax on Drinks) Regulations, 2019 SI 15 of 2019 Food Act (Labelling of Pre-Packaged Foods) Regulations, 2019 SI 16 of 2019 – Food (Contaminant and toxins in food or feed) Regulations, 2019 SI 17 of 2019 – Food (Import Certificate) Regulations, 2019 Zimbabwe 01-03-19 SI 39 of 2019 – Customs and Excise (Clothing Manufacturer)(Rebate)(Amendment) Regulations, 2019 (No. 3) SI 42 of 2019 – Customs and Excise (Suspension)(Amendment) Regulations, 2019 (No.208) Baker McKenzie International Trade Compliance Upda te | May 2019 8465028-v6\WASDMS 87 Date Subject 08-03-19 SI 52 of 2019 Customs and Excise (General) (Amendment) Regulations, 2019 (No. 93) 15-03-19 SI 54 of 2019 – Customs and Excise (Suspension) (Amendment) Regulations, 2019 (No. 94) SI 66 of 2019 – Customs and Excise (Textile Manufacturers)(Rebate)(Amendment) Regulations, 2019 (No. 4) SI 68 of 2019 – Customs and Excise (General)(Amendment) Regulations, 2019 (No. 94) [free importation of vehicles by certain health workers] 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; DEA=Drug Enforcement Administration; DoD=Dep't of Defense components [NCIS, DCIS, CID, etc.); DOJ=Department of Justice, including US Attorneys; DOT = Department of Transportation; DSS= Diplomatic Security Service; FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration; O FAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; SSA= Social Security Adm.; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture. 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; HMRC= HM Revenue & Customs; SFO = UK Serious Fraud Office.] Date of Release Subject 03-28-19 (F) Over 10,000 kilograms of contraband tobacco seized at the Peace Bridge port of entry (CBSA) 03-29-19 Two Corporate Executives Indicted in First-Ever Criminal Prosecution for Failure to Report Under Consumer Product Safety Act (DOJ, CPSC, ICE) 04-03-19 (F) HMRC recently issued a compound penalty of £82,152.33 to a UK exporter. This related to unlicensed exports of military goods controlled by The Export Control Order 2008. United States Wins Civil Forfeiture Suit Against Taiwanese National Accused of La undering Funds Through the United States to Assist Syrian and North Korean Regimes With Procuring Goods (DOJ, FBI, OFAC) Micronesian Government Official Pleads Guilty to Money Laundering Scheme Involving FCPA Violations (DOJ, FBI, DOT) 04-09-19 Settlement Agreement between the US Department of the Treasury’s Office of Foreign Assets Control and Standard Chartered Bank [$639,023,750] (OFAC) Standard Chartered Bank Admits to Illegally Processing Transactions in Violation of Iranian Sanctions and Agrees to Pay More Than $1 Billion (DOJ, FBI, IRS, NY District Attorney, OFAC) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 88 Date of Release Subject Univar USA Inc. to Pay US $62.5 Million to Resolve Allegations that it Evaded $36 Million in Antidumping Duties on Imported Chinese Saccharin (DOJ, ICE, CBP) 04-10-19 (F) National Parks Board, Singapore Customs and Immigration & Checkpoints Authority seized 12.7 tonnes of pangolin scales; record combined haul of 25.6 tonnes seized within five days [endangered species] 04-11-19 Acteon Group Ltd., and 2H Offshore Engineering Ltd. Settle Potential Civil Liability for Apparent Violations of the Cuban Assets Control Regulations and Separately, Acteon Group Ltd. Settles Potential Civil Liability for Apparent Violations of the Cuban Assets Control Regulations, and KKR & Co. Inc. Settles Potential Civil Liability for Apparent Violations of the Iranian Transactions and Sanctions Regulations (OFAC) 04-12-19 Marketer of Water Filtration Systems to Pay $110,000 Civil Penalty for Deceptive Made-in-USA Advertisements in Violation of 2017 Order (FTC, DOJ) Indiana recycling executive sentenced to 3 years in federal prison for scheming to illegally landfill and re-sell potentially hazardous electronic waste (DOJ, ICE, EPA, GSA, IRS, Hong Kong Environ. Prot. Dep’t) 04-15-19 Settlement Agreements between the US Department of the Treasury’s Office of Foreign Assets Control and UniCredit Gr oup Banks (OFAC, (F) F irm falsifies licenses to import shipments of medical equipment (Vietnam Customs, Police and Ministry of Health) 04-17-19 Philadelphia CBP Seizes Cache of Counterfeit Juul Products (CBP) 04-18-19 ICE arrests Orange County man on federal charges stemming from $72 million scheme to smuggle counterfeit cell phone parts from China (ICE, DOJ, local PD) Somerset County, New Jersey, Man Sentenced to 46 Months in Prison for International Arms Trafficking (DOJ, ATF, ICE, NJ Police) 04-22-19 CBP Agriculture Enforcement Encountering Commercial Importations at Passenger Bridges (CBP) 04-23-19 Owner of Defense Contracting Firm Admits Defrauding US Department of Defense and Conspiring to Violate Arms Export Control Act (DOJ, DoD, ICE, IRS, SSA) CBP Sees Increase in Unreported Money Seizures` (CBP) Owners of Northwest’s Largest Electronics Recycling Firm Sentenced to Prison for Wire Fraud Conspiracy (DOJ, EPA) [includes exporting flat screen monitors to Hong Kong] 04-24-19 Monon galia County man sent enced for lying to federal agent (BIS, DOJ) [exports to Iran after OFAC denied license] 04-25-19 Haverly Systems, Inc. Settles Potential Civil Liability for Apparent Violations of the Ukraine Related Sanctions Regulations (OFAC) 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] Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 89 Publications, Alerts, Newsletters The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the peri od of coverage of this Update may be of interest to you: Subject International Trade, Tax and Anti-corruption Global International Trade Compliance Update – April 2019 {older issues} Vietnam International Commercial and Trade Client Alert: The CPTPP for exporters: opportunities available now – What are the main and immediate benefits that the CPTPP brings to Vietnam? Baker McKenzie FenXun China Tax Update (April 2019) Thailand (Tax) Client Alert: Another Chance for Tax Amnesty on Penalties, Surcharges, and Criminal Charges for SMEs Insight: Chinese FDI: A New Reality UK Client Alert: Crime (Overseas Production Orders) Act 2019 – Extension of the SFO’s Evidence Gathering Powers UAE: Strengthening Compliance Against Financial Crime: Recent Developments and Enforcement Trends in the UAE Francophone Africa Newsletter April 2019 Other areas Baker McKenzie FenXun Dispute Resolution Client Alert: Landmark development allows interim relief protection in China for Hong Kong arbitrations Baker M cKenzie FenXun China Employment Law Update (March 2019) EMEA Healthcare Newsletter (April 2019) Poland: New rules regarding employees’ privacy and documentation Vietnam Insurance Client Alert: Vietnam issues approved Restructuring Plan for the Insurance Business Market until 2020, oriented towards 2025 Vietnam Healthcare Client Alert: Ministry of Health issues a new C ircular regulating the registration of drugs and drug materials Vietnam Renewable Energy Client Alert: Updated draft policy on Feed-in-Tariff Program from 1 July 2019 to 31 December 2021 for solar power projects in Vietnam Vietnam Renewable Energy Client Alert: Vietnam’s New Draft Development Guidelines on Rooftop Solar Power Systems from 1 July 2019 EU Copyright Directive Alert: Brave new (digital) copyright world? Thailand Quarterly Alert: January-March 2019 Hong Kong Retirement Schemes/ Employment Client Alert: The Occupational Retirement Schemes (Amendment) Bill 2019 Ukraine Banking & Finance Client Alert: Shell Compa nies Face Scrutiny in Ukraine Financial Institutions Hub: Takeaways From the European Blockchain Conference (blog) 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”. Details Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 90 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 ora nge) 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. Upcoming Webinar Dates and Topics: Date Topic January 29 Basic: How to Cl assify 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 Konig (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) 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. Webin ar 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. 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 REGISTER NOW! Baker McKenzie International Trade Compliance Update | May 2019 8465 028-v6\WASDMS 91 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 Paolo), Frank Pan (Shanghai), and Armando De Lille (Monterrey) October 29 Key updates on export controls and sanctions Speakers: Ker ry 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) 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 A merica, 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!有兴趣了解更多信息吗？ RECORDED SESSIONS FROM OUR 2018 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 92 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 C ompliance 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  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 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 93 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 n otifications 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 Albania ALB/89 04/25/2019 06/24/2019 Electrical instalations Albania ALB/90 04/25/2019 06/24/2019 Power Lines Argentina ARG/359 03/25/2019 Not given Vehicles other than railway or tramway rolling stock, and parts and accessories thereof (HS 87) Argentina ARG/290/Add.5 04/16/2019 Not given Food products Argentina ARG/320/Add.1 04/12/2019 Not given Milk powder Argentina ARG/348/Add.1 04/12/2019 Not given Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol.; spirits, liqueurs and other spirituous beverages (HS 2208) Argentina ARG/360 04/16/2019 06/08/2019 Frozen and packaged meat of various species; Meat and edible meat offal (HS 02) Argentina ARG/350/Add.1 4/23/2019 Not given Equipment wor king under pressure, whether fireheated or non-fire-heated Brazil BRA/833/Add.1/ Corr.1 04/09/2019 Not given In vitro diagnosis products Brazil BRA/396/Add.10 04/10/2019 Not given Festive or other entertainment articles, including conjuring tricks and novelty jokes (HS 9505) Brazil BRA/624/Add.2 04/10/2019 Not given Car body shell for road vehicles (HS 8707) Brazil BRA/631/Add.2 04/10/2019 Not given Car body shell for road vehicles (HS 8707) Brazil BRA/658/Add.2 04/10/2019 Not given Portable tanks bulk containers (IBC) used in land transport of certain dangerous goods Brazil BRA/806/Add.1 04/10/2019 Not given Portable tanks bulk containers (IBC) used in land transport of certain dangerous goods Brazil BRA/863 04/10/2019 06/09/2019 Margarine HS Code(s): 1517.10; 1517.90 Brazil BRA/864 04/10/2019 06/30/2019 Biological Products Brazil BRA/375/Add.6 04/11/2019 Not given Pencil sharpeners (HS 8214.10); backpacks and briefcases (HS 4202); drawing sets (HS 9017); Ball point pens; felt tipped and other porous -tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils (HS 9608); student rubber (HS 4016); child scissors (HS 8214); student glue (HS 3505) and others school items Brazil BRA/595/Add.1 04/24/2019 Not given Household washing machines (HS 8450) Burundi BDI/16 04/02/2019 06/01/2019 Footwear Burundi BDI/17 04/02/2019 06/01/2019 Footwear (Ladies shoes) Burundi BDI/18 04/02/2019 06/01/2019 Footwear Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 94 Country Notification Date Issued Final Date for Comments Merchandise Covered Burundi BDI/19 04/02/2019 06/01/2019 Footwear (Children’s shoes) Burundi BDI/20 04/02/2019 06/01/2019 Footwear (men’s shoes) Burundi BDI/21 04/02/2019 06/01/2019 Footwear (Children’s shoes) Burundi BDI/22 04/02/2019 06/01/2019 Meat of bovine animals, fresh or chilled (HS 0201); Meat of bovine animals, frozen (HS 0202) Burundi BDI/23 04/02/2019 06/01/2019 Meat of bovine animals, fresh or chilled (HS 0201) Burundi BDI/24 04/02/2019 06/01/2019 Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen (HS 0207) Burundi BDI/25 04/02/2019 06/01/2019 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products (HS 1601) Burundi BDI/26 04/02/2019 06/01/2019 Occupational safety. Industrial hygiene (Production of packaged meat products) Burundi BDI/27 04/08/2019 06/07/2019 Product and company certification. Conformity assessment Burundi BDI/28 04/08/2019 06/07/2019 Quality Control of Products Marketed in Burundi Canada CAN/581 04/02/2019 06/07/2019 Drug Products Canada CAN/582 04/04/2019 06/07/2019 Radiocommunications Canada CAN/583 04/04/2019 06/07/2019 Radiocommunications Canada CAN/551/Add.1 04/11/2019 Not given Energy efficiency standards for consumer and commercial products Canada CAN/584 04/18/2019 05/28/2019 Radiocommunications Canada CAN/547/Add.1 04/24/2019 Not given Clea ning products containing Phosphorus (HS 3401.19.0020; 3401.20.90; 3402.20.10; 3402.20.90; 3405.20; 3405.40) Canada CAN/548/Add.1 04/24/2019 Not given Contaminated fuels Canada CAN/585 04/24/2019 06/18/2019 The substance tramadol Chile CHL/468 04/01/2019 05/31/2019 Light vehicles Chile CHL/469 04/01/2019 05/31/2019 Medium-sized vehicles Chile CHL/470 04/03/2019 06/02/2019 Panels – Wall segments Chile CHL/471 04/03/2019 06/02/2019 Panels – Wall segments Chile CHL/472 04/03/2019 06/02/2019 Panels – Wall segments Ch i le CHL/473 04/03/2019 06/02/2019 Panels – Wall segments China CHN/1317 04/08/2019 06/07/2019 Passenger Vehicle Products; Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), including station wagons and racing cars (HS 8703); Parts and accessories of the motor vehicles of headings 87.01 to 87.05 (HS 8708) Colombia COL/233/Add.1 04/04/2019 Not given Safety headgear, whether or not lined or trimmed. Safety hea dgear (helmets). Other headgear, whether or not lined or trimmed. Headgear and parts thereof (6506.10.00.00); (HS: 650610 – Safety Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 95 Country Notification Date Issued Final Date for Comments Merchandise Covered headgear); (ICS: 13.340.20 Head protective equipment) Colombia COL/233 05/31/2018 08/29/2018 Safety headgear, whether or not lined or trimmed. Safety headgear (helmets). Other headgear, whether or not lined or trimmed. Headgear and parts thereof (6506.10.00.00); (HS: 650610 – Safety headgear); (ICS: 13.340.20 Head protective equipment) Ecuador ECU/344 04/03/2019 06/02/2019 For gas fuel or for both gas and other fuels (HS 732111); For gas fuel or for both gas and other fuels (HS 732181) Ecuador ECU/346 04/03/2019 06/02/2019 Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades (HS 3813); – Fire extinguishers, whether or not charged (HS 842410) Ecuador ECU/347 04/03/201 9 06/02/2019 Containers for compressed or liquefied gas, of iron or steel (HS 7311); — Other, not reinforced or otherwise combined with other materials, without fittings (HS 391732); – Pressure-reducing valves (HS 848110); – Safety or relief valves (HS 848140); – Other appliances (HS 848180) Ecuador ECU/348 04/03/2019 06/02/2019 Tableware, kitchenware, other household articles and toilet articles, of porcelain or china (HS 6911); Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china (HS 6912); – Other articles: (HS 68159) Ecuador ECU/349 04/08/2019 06/07/2019 Combined refrigerator-freezers, fitted with separate external doors (HS 841810); Compression-type (HS 841821); Other (HS 841829); Freezers of the chest type, not exceeding 800 l capacity (HS 841830); Freezers of the upright type, not exceeding 900 l capacity (HS 8418.40) Ecuador ECU/350 04/08/2019 06/07/2019 Other grill, netting and fencing, welded at the intersection (HS 7 3143); Containing indentations, ribs, grooves or other deformations produced during the rolling process (HS 721310); Forged (HS 721410); Containing indentations, ribs, grooves or other deformations produced during the rolling process or twisted after rolling (HS 721420); Other, of free-cutting steel (HS 721430); Other (HS 721499); Plated or coated with zinc (HS 721720); Grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3 mm or more and having a mesh size of 100 cm² or more (HS 731420); Plated or coated with zinc (HS 731441); Other (HS 731449); Articles of iron or steel wire (HS 732620) Ecuador ECU/351 04/08/2019 06/07/2019 2710.12 – Light oils and preparations; 2710.20 – Petroleum oils and oils obtained from bituminous minerals (other than crude) and 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 constit uents of the preparations, containing biodiesel, other than waste oils; Petroleum gases and other gaseous hydrocarbons (HS 2711); Petroleum oils and oils obtained from bituminous minerals, Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 96 Country Notification Date Issued Final Date for Comments Merchandise Covered other than crude and 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, other than waste oils (HS 27101) Ecuador ECU/352 04/08/2019 06/07/2019 401170 – Of a kind used on agricultural or forestry vehicles and machines; 401180 – Of a kind used on construction, mining or industrial handling vehicles and machines; Other (HS 40119); Of motorcycles (including mopeds) (HS 87141); Of a kind used on motor cars (including station wagons and racing cars) (HS 401110); – Of a kind used on buses or lo rries (HS 401120); – Of a kind used on motorcycles (HS 401140); – Of a kind used on bicycles (HS 401150); – Road wheels and parts and accessories thereof (HS 870870); – Wheel rims and spokes (HS 871492) Ecuador ECU/353 04/08/2019 06/07/2019 271020 – Petroleum oils and oils obtained from bituminous minerals (other than crude) and 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, containing biodiesel, other than waste oils; Other (HS 271019) Ecuador ECU/354 04/08/2019 06/07/2019 Angles, shapes and sections of iron or non-alloy steel (HS 7216); Other bars and rods, not further worked than hot-rolled, hot-drawn or extruded (HS 722830); – Angles, shapes and sections (HS 722870) Ecuador ECU/345 04/03/2019 06/02/2019 Gypsum; anhydrite; plasters (consisting of calcined gypsum or calcium sulphate) whether or not coloured, with or without s mall quantities of accelerators or retarders (HS 2520); Quicklime, slaked lime and hydraulic lime, other than calcium oxide and hydroxide of heading 28.25 (HS 2522); Portland cement: (HS 25232); Other hydraulic cements (HS 252390) Ecuador ECU/355 04/11/2019 06/10/2019 Articles of apparel, household linen and clothing accessories; 611521 – Of synthetic fibres, measuring per single yarn less than 67 decitex; 611522 – Of synthetic fibres, measuring per single yarn 67 decitex or more; 611529 – Of other textile materials; 611530 – Other women’s full-length or knee-length hosiery, measuring per single yarn less than 67 decitex; 611594 – Of wool or fine animal hair; 611595 – Of cotton; 611596 – Of synthetic fibres; 630420 – Bed nets specified in Subheading Note 1 to this Chapter; 650500 – Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading 6501.00.00, whether or not lined or trimmed; Articles of apparel and clothing accessories, of leather or of compositi on leather (HS 4203); Articles of apparel, clothing accessories and other articles of furskin (HS 4303); Women’s or girls’ overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind- jackets Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 97 Country Notification Date Issued Final Date for Comments Merchandise Covered and similar articles, knitted or crocheted, other than those of heading 61.04 (HS 6102); Men’s or boys’ suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted (HS 6103); Women’s or girls’ suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted (HS 6104); Men’s or boys’ shirts, knitted or crocheted (HS 6105); Women’s or girls’ blouses, shirts and shirt-blouses, knitted or crocheted (HS 6106); Men’s or boys’ underpants, brie fs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles, knitted or crocheted (HS 6107); Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted (HS 6108); T-shirts, singlets and other vests, knitted or crocheted (HS 6109); Track suits, ski suits and swimwear, knitted or crocheted (HS 6112); Garments, made up of knitted or crocheted fabrics of heading 59.03, 59.06 or 59.07 (HS 6113); Gloves, mittens and mitts, knitted or crocheted (HS 6116); Men’s or boys’ overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, other than those of heading 62.03 (HS 6201); Women’s or girls’ overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), windcheaters, wind-jackets and similar articles, other than those of heading 62.04 (HS 6202); Men’s or boys’ suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear) (HS 6203); Women’s or girls’ suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear) (HS 6204); Women’s or girls’ blouses, shirts and shirt-blouses (HS 6206); Men’s or boys’ singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles (HS 6207); Women’s or girls’ singlets and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing gowns and similar articles (HS 6208); Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07 (HS 6210); Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted (HS 6212); Shawls, scarves, mufflers, mantillas, veils and the like (HS 6214); Ties, bow ties and cravats (HS 6215); Gloves, mittens and mitts (HS 6216); Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 62.12 (HS 6217); Blankets and travelling rugs (HS 6301); Curtains (including drapes) and interior blinds; curtain or bed valances (HS 6303); Other furnishing articles, excluding those of heading 94.04 (HS 6304); Hats and other headgear, plaited Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 98 Country Notification Date Issued Final Date for Comments Merchandise Covered or made by assembling strips of any material, whether or not lined or trimmed (HS 6504); Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed (HS 6505); Of wool or fine animal hair (HS 61101); Panty hose, tights and stockings (HS 61151); Swimwear (HS 62111); Other bed linen, printed (HS 63022); Other bed linen (HS 63023) ; Other table linen (HS 63025); Other (HS 65069); Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620); Of cotton (HS 610120); Of man-made fibres (HS 610130); Of other textile materials (HS 610190); Of cotton (HS 611020); Of synthetic fibres (HS 611030); Of cotton (HS 611120); Of synthetic fibres (HS 611130); Of other textile materials (HS 611190); Of cotton (HS 611420); Of man-made fibres (HS 611430); Of other textile materials (HS 611599); Shawls, scarves, mufflers, mantillas, veils and the like (HS 611710); Other accessories (HS 611780); Of cotton (HS 620520); Of man-made fibres (HS 620530); Of other textile materials (HS 620590); Of cotton (HS 620920); Of synthetic fibres (HS 620930); Of other textile materials (HS 620990); Ski suits (HS 621120); Of cotton (HS 621132); Of manmade fibres (HS 621133); Of other textile materials (HS 621139); Of cotton (HS 621142); Of man-made fibres (HS 621143); Of other textile materials (HS 621149); Of cotto n (HS 621320); Of other textile materials (HS 621390); Bed linen, knitted or crocheted (HS 630210); Table linen, knitted or crocheted (HS 630240); Of cotton (HS 630251); Of flax (HS 630252); Of man-made fibres (HS 630253); Of other textile materials (HS 630259); Toilet linen and kitchen linen, of terry towelling or similar terry fabrics, of cotton (HS 630260); Of cotton (HS 630291); Of man-made fibres (HS 630293); Of other textile materials (HS 630299); Floorcloths, dishcloths, dusters and similar cleaning cloths (HS 630710); Sleeping bags (HS 940430); Other (HS 940490). Ecuador ECU/356 04/11/2019 06/10/2019 Coated corrugated steel culverts and structural plates for sewage conduits (HS 730890) Ecuador ECU/357 04/11/2019 06/10/2019 Insulated cables and conductors for electrical use; other (HS 854449); other electric conductors, for a voltage exceeding 1,000 V (HS 854460) Ecuador ECU/358 04/11/2019 06/10/2019 Corrugated sheets of chrysotile-cement; 6811.40.00 – Containing asbestos; Artic les of asbestos-cement, of cellulose fibre-cement or the like (HS 6811) Ecuador ECU/359 04/11/2019 06/10/2019 Matches, other than pyrotechnic articles of heading 36.04 (HS 3605) Ecuador ECU/360 04/11/2019 06/10/2019 Steel; (HS 730661: Of square or rectangular crosssection; HS 730669: Of other non-circular crosssection; Longitudinally welded (HS 730531); Other, welded, of circular cross-section, of iron or non-alloy steel (HS 730630); Other, welded, of circular cross-section, of stainless steel (HS 730640); Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 99 Country Notification Date Issued Final Date for Comments Merchandise Covered Other, welded, of circular cross-section, of other alloy steel (HS 730650) Ecuador ECU/361 04/11/2019 06/10/2019 Steel (HS 730890) Ecuador ECU/362 04/11/2019 06/10/2019 Steel panels (Corrugated) (HS 721041) Ecuador ECU/363 04/11/2019 06/10/2019 Tubes, pipes and hoses, rigid: (HS 39172); Other tubes, pipes and hoses: (HS 3917 3); Fittings (HS 391740) Ecuador ECU/364 04/16/2019 06/15/2019 Steel corrugated angles, shapes and sections and posts for guardrails; Other (HS 730890) Ecuador ECU/365 04/16/2019 06/15/2019 Combined refrigerator-freezers, f itted with separate external doors (HS 841810); Compression-type (HS 841821); Other (HS 841829); Freezers of the chest type, not exceeding 800 l capacity (HS 841830); Freezers of the upright type, not exceeding 900 l capacity (HS 841840) Ecuador ECU/366 04/16/2019 06/15/2019 Condoms (HS 401410) Ecuador ECU/367 04/16/2019 06/15/2019 Nuts, ground-nuts and other seeds, whether or not mixed together (HS 20081); Prepared foods obtained by the swelling or roasting of cereals or cereal products (HS 190410); Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals (HS 190420); Flours, meals and pellets, of meat or meat offal; greaves (HS 230110) Ecuador ECU/368 04/16/2019 06/15/2019 Pocket lighters, gas fuelled, non-refillable (HS 961310); Pocket lighters, gas fuelled, refillable (HS 961320); Other lighters (HS 961380) Ecuador ECU/369 04/17/2019 06/16/2019 Fluorescent, hot cathode (HS 853931) Ecuador ECU/370 04/17/2019 06/16/2019 Other prepared or preserved meat, meat offal or blood (HS 1602) Ecuador ECU/371 04/17/2019 06/16/2019 Soups and broths and preparations therefor; homogenised composite food preparations (HS 2104) Ecuador ECU/372 4/18/2019 06/17/2019 6907.21.00 – Of a water absorption coefficient by weight not exceeding 0.5%; 6907.22.00 – Of a water absorption coefficient by weight exceeding 0.5% but not exceeding 10% 6907.23.00 – Of a water absorption coefficient by weight exceeding 10%; Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or diatomite) or of similar siliceous earths (HS 6901); Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other than those of siliceous fossil meals or similar siliceous earths (HS 6902); Unglazed ceramic flags and paving, hearth or wall tiles; unglazed ceramic mosaic cubes and the like, whether or not on a backing. Egypt EGY/209 04/25/2019 06/24/2019 Foods for Special Dietary Uses European Union EU/651 04/23/2019 06/22/2019 Methiocarb (pesticide active substance) European Union EU/652 04/25/2019 06/24/2019 Electrical and electronic equipment European Union EU/653 04/25/2019 06/24/2019 Electrical and electronic equipment Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 100 Country Notification Date Issued Final Date for Comments Merchandise Covered Germany DEU/16 04/24/2019 06/23/2019 Food products of animal origin India IND/91 04/08/2019 06/07/2019 Poly Aluminium Chloride India IND/92 04/09/2019 06/08/2019 Surgical Rubber Gloves, Disposable Surgical Rubber Gloves, Gloves made from rubber latex or rubber solution, gloves made from poly (vinyl chloride) India IND/93 04/09/2019 06/08/201 9 Infant Radiant Warmer, Multifunction Patient Monitoring Equipment, Pulse Oximeter Equipment India IND/94 04/09/2019 06/08/2019 Blades, Surgical, Detachable (Bard Parker Type) and Handles India IND/95 04/15/2019 06/14/2019 Products listed in the following Indian Standards 1. IS 1110: 1990 Ferro – Silicon containing > 55% Silicon 2. IS 4409: 1973 Ferro – Nickel 3. IS 1029: 1970 Hot rolled steel strip (bailing) 4. IS 2385: 1977 Hot-rolled mild steel sheet and strip in coil form for cold-reduced tinplate and cold-reduced black plate 5. IS 3039: 1988 Structural steel for construction of hulls of ships 6. IS 9550 2001 Bright steel bars 7. IS 3748: 1990 Tool and die steels 8. IS 5517: 1993 Steel for hardening and tempering 9. IS 7291: 1981 High speed tool steels 10. IS 7494: 1981 Steel for valves for internal combustion engines 11. IS 12146: 1987 Carbon manganese steel forgings for pressure vessels 12. IS 16585: 2016 Magnetic materials – specification for individual material – Fe based amor phous strip delivered in the semi-processed state. 13. IS 2831: 2012 Carbon steel cast billet ingots, billets, blooms and slabs for re-rolling into structural steel (ordinary quality) India IND/96 04/15/2019 06/14/2019 Methanol (Methyl Alcohol) (HS Code 29051100) India IND/97 04/15/2019 06/14/2019 Aniline (HS Code 29214110) Israel ISR/1036 04/10/2019 06/09/2019 Portable fire extinguishers; (HS: 842410) Israel ISR/1037 04/10/2019 06/09/2019 Portable extinguishers; (HS: 842410) Israel ISR/1038 04/10/2019 06/09/2019 Portable fire extinguishers; (HS: 842410) Israel ISR/1039 04/11/2019 06/10/2019 Portable fire extinguishers; (HS: 842410) Israel ISR/1040 04/11/2019 06/10/2019 Portable fire extinguishers; (HS: 842410) Israel ISR/1041 04/11/2019 06/10/2019 Portable fire extinguishers; (HS: 842410) Israel ISR/1042 04/11/2019 06/10/2019 Disposable fire extinguishers; (HS: 842410) Israel ISR/1043 04/11/2019 06/10/2019 Mattresses and bumpers for infants; (HS: 9403, 9404) Israel ISR/1051 04/25/2019 06/24/2019 Fire detection systems (HS 8531) Israel ISR/1044 04/24/2019 06/23/2019 Canned pickled vegetables; (HS: 2001) Israel ISR/1045 04/24/2019 06/23/2019 Installations for Liquefied Petroleum Gases (LPG) Israel ISR/1046 04/24/2019 06/23/2019 Leaded gasoline; (HS: 2710) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 101 Country Notification Date Issued Final Date for Comments Merchandise Covered Israel ISR/1047 04/24/2019 06/23/2019 Installations for Liquefied Petroleum Gases (LPG) Israel ISR/1048 04/24/2019 06/23/2019 Pudding and jelly powders; (HS: 190190, 190590) Israel ISR/1049 04/24/2019 06/23/2019 Steam boilers; (HS: 8402) Israel ISR/1050 04/24/2019 06/23/2019 Cow’s milk for drinking; (HS: 0401) Japan JPN/619/Add.1 04/08/2019 Not given Computers (HS: 8471.30, 8471.41, 8471.49, 8471.50) Other digital automatic data processing machines: (HS 84714), – Portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display (HS 847130), – Digital processing units, other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units (HS 847150). Microprocessor systems. Japan JPN/625 04/24/2019 06/23/2019 Utensils, containers and packaging for food and food additives Kenya KEN/852 04/01/2019 05/14/2019 Textile fabrics (Disposable adult diapers) Kenya KEN/853 04/01/2019 05/14/2019 Textile fabrics (Disposable baby diapers) Kenya KEN/854 04/01/2019 05/14/2019 Protection against dangerous goods (Packaging for road and rail transport) Kenya KEN/855 04/01/2019 05/14/2019 Protection against dangerous goods (Road and rail transport) Kenya KEN/856 04/01/2019 05/04/2019 Protection against dangerous goods (Transport of dangerous goods) Kenya KEN/857 04/01/2019 05/04/2019 Protection against dangerous goods (Transport of dangerous goods) Kenya KEN /858 04/01/2019 05/04/2019 Protection against dangerous goods (Transport of dangerous goods) Kenya KEN/859 04/01/2019 05/04/2019 Plant growing Kenya KEN/860 04/12/2019 05/31/2019 Masonry (Clay masonry units) Kenya KEN/861 04/12/2019 05/31/2019 Masonry Kenya KEN/862 04/12/2019 05/31/2019 Masonry (Clay masonry units) Kenya KEN/863 04/15/2019 05/31/2019 Masonry Kenya KEN/864 04/15/2019 05/31/2019 Masonry Kenya KEN/865 04/15/2019 05/31/2019 Masonry Kenya KEN/866 04/15/2019 05/31/2019 Masonry Kenya KEN/867 04/15/2019 05/31/2019 Masonry Kenya KEN/868 04/15/2019 05/31/2019 Masonry Kenya KEN/869 04/15/2019 05/31/2019 Masonry Kenya KEN/870 04/16/2019 05/31/2019 Fire protection (construction products and building elements) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 102 Country Notification Date Issued Final Date for Comments Merchandise Covered Kenya KEN/871 04/16/2019 06/02/2019 Laboratory medicine, Radiation protection Kenya KEN/872 04/16/2019 06/02/2019 Radiation protection Kenya KEN/873 04/16/2019 06/02/2019 Health care technology, Radiation protection Korea, Republic of KOR/820 04/10/2019 06/09/2019 Cleansing & Hygiene Products (Newly added: tattoo ink) Korea, Republic of KOR/823 04/16/2019 06/15/2019 Railroad constituents notified by MOLIT (Korean government); Rails and railway components Korea, Republic of KOR/824 04/18/2019 06/17/2019 Health/Functional Foods Korea, Republic of KOR/821 04/11/2019 06/10/2019 Veterinary pharmaceutical products Korea, Republic of KOR/822 04/11/2019 06/10/2019 Veterinary pharmaceutical products Korea, Republic of KOR/825 04/24/2019 06/23/2019 Pharmaceuticals Mexico MEX/439/Add.1 04/04/2019 Not given Waste generated by the hydrocarbon sector (see Appendix A to the draft) Mexico MEX/397/Add.2 04/04/2019 Not given Pets Mexico MEX/370/Add.1 04/15/2019 Not given Packages, overpacks, tanks and freight containers used for the transport and in-transit storage of radioactive material within national territory Mexico MEX/383/Add.1 04/15/2019 Not given Radioactive material Mexico MEX/386/Add.2 04/09/2019 Not given Processed meat products and meat processing establishments Mexico MEX/391/Add.3 04/08/2019 Not given Milk powder or dried milk Mexico MEX/452 04/17/2019 06/10/2019 Concrete sleepers Moldova MDA/51 04/09/2019 06/ 08/2019 Gasoline and Diesel, Petroleum oils; Petroleum oils and oils obtained from bituminous minerals, crude (HS 2709); 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) Moldova MDA/52 04/09/2019 06/08/2019 Natural gas (HS 271111) New Zealand NZL/87 04/16/2019 04/26/2019 Only sub-sets of these categories. That is, there are both prohibited and non-prohibited items within each category. Refer to 6. Description of content fo r the precise coverage.; Military weapons, other than revolvers, pistols and the arms of heading 93.07 (HS 9301); Revolvers and pistols, other than those of heading 93.03 or 93.04 (HS 9302); Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 93.07 (HS 9304); Parts and accessories of articles of headings 93.01 to 93.04 (HS 9305); – Other sporting, hunting or target-shooting shotguns, including combination shotgun-rifles (HS 930320); – Other sporting, hunting or target-shooting rifles (HS 930330) Nicaragua NIC/159 04/11/2019 06/10/2019 Pharmaceuticals 11.120.01 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 103 Country Notification Date Issued Final Date for Comments Merchandise Covered Philippines PHL/211 04/03/2019 06/02/2019 Water treatment devices/systems which product water is for drinking purposes Philippines PHL/212 04/03/2019 06/02/2019 In vitro diagnostic test systems Philippines PHL/213 04/03/ 2019 06/02/2019 Medical equipment Philippines PHL/214 04/03/2019 06/02/2019 Installations and equipment for waste disposal and treatment Philippines PHL/215 04/03/2019 06/02/2019 Medical equipment Rwanda RWA/234 04/25/2019 06/24/2019 Cosmetics. Toiletries (Perfumes) Rwanda RWA/235 04/25/2019 06/24/2019 Transport exhaust emissions Rwanda RWA/236 04/25/2019 06/24/2019 Transport exhaust emissions Rwanda RWA/237 04/25/2019 06/24/2019 Transport exhaust emissions Rwanda RWA/238 04/25/2019 06/24/2019 Pesticides and other agrochemicals in general Rwanda RWA/239 04/25/2019 06/24/2019 Pesticides and other agrochemicals in general Rwanda RWA/240 04/25/2019 06/24/2019 Cosmetics. Toiletries (Baby oils) Rwanda RWA/241 04/25/2019 06/24/2019 Cosmetics. Toiletries (Aftershave) Rwanda RWA/242 04/25/2019 06/24/2019 Cosmetics. Toiletries (Air freshener aerosols) Rwanda RWA/243 04/25/2019 06/24/2019 Protection against dangerous goods Rwanda RWA/244 04/25/2019 06/24/2019 Protection against dangerous goods R wanda RWA/245 04/25/2019 06/24/2019 Protection against dangerous goods Rwanda RWA/246 04/25/2019 06/24/2019 Protection against dangerous goods Rwanda RWA/247 04/25/2019 06/24/2019 Coffee and coffee substitutes (Green coffee beans) Rwanda RWA/248 04/25/2019 06/24/2019 Coffee and coffee substitutes (Roasted coffee beans and roasted ground coffee) Rwanda RWA/249 04/25/2019 06/24/2019 Surface active agents (Liquid oxygen based bleach for domestic use) Rwanda RWA/250 04/25/2019 06/24/2019 Surface active agents (Household fabric softeners) Rwanda RWA/251 04/25/2019 06/24/2019 Coffee and coffee substitutes (Instant (soluble) coffee) Rwanda RWA/252 04/25/2019 06/24/2019 Cosmetics. Toiletries (Lip shine (gloss)) Rwanda RWA/253 04/25/2019 06/24/2019 Cosmetics. Toiletries (Lip balm (Lip salve)) Rwanda RWA/254 04/25/2019 06/24/2019 Cosmetics. Toiletries (Hair spray) Rwanda RWA/255 04/25/2019 06/24/2019 Cosmetics. Toiletries (Glycerine for cosmetic industry) Rwanda RWA/256 04/25/2019 06/24/2019 Cos metics. Toiletries (Deodorants and antiperspirants) Rwanda RWA/257 04/25/2019 06/24/2019 Cosmetics. Toiletries (Body oils) Rwanda RWA/258 04/25/2019 06/24/2019 Other standards related to water quality Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 104 Country Notification Date Issued Final Date for Comments Merchandise Covered Rwanda RWA/259 04/25/2019 06/24/2019 Stationary containers and tanks Rwanda RWA/260 04/25/2019 06/24/2019 Cosmetics. Toiletries (Butter for cosmetic use) Rwanda RWA/261 04/25/2019 06/24/2019 Products of the chemical industry in general (Hair extensions) Rwanda RWA/262 04/25/2019 06/24/2019 Cosmetics. Toiletries (Lipstick) Samoa WSM/1 4/8/2019 Not given Products that are covered under this regulation are: 1. Refrigerators and freezers: HS 84189910 2. Air conditioners: HS 84151000 3. Incandescent lamps, linear fluorescent lamps, compact fluorescent lamps and fluorescent lamp ballasts: HS 8539 Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated (HS 8415); Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15 (HS 8418); Electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc-lamps (HS 8539) Saudi Arabia SAU/1106 04/03/2019 06/02/2019 Lighting products (Street lighting) Saudi Arabia SAU/1107 04/11/2019 06/10/2019 Road vehicle systems in general, Trucks and trailers Saudi Arabia SAU/1108 04/16/2019 06/15/2019 Food products in general Singapore SGP/41/Add.2 04/04/2019 Not given Dishwashers Intended for Household Use HS 8422.11.00 Singapore SGP/50 04/17/2019 06/16/2019 See Full text. Switzerland CHE/234/Corr.1 04/18/2019 Not given Timber and timber products, notably HS 4401, 4403, 4006, 4407, 4408, 4409, 4410, 4411, 4412, 44130 0, 441400, 4415 Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products Switzerland CHE/234 04/16/2019 6/15/2019 Timber and timber products, notably HS 4401, 4403, 4006, 4407, 4408, 4409, 4410, 4411, 4412, 441300, 441400, 4415 Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products Taiwan Economy TPKM/341/Add. 1 04/12/2019 Not given Food required to be registered with the central competent authority Taiwan Economy TPKM/291/Rev. 1/Add.1 04/18/2019 Not given Chemical substances Taiwan Economy TPKM/373 04/23/2019 06/22/2019 Prepackaged Food Products Taiwan Economy TPKM/354/Add. 1 04/26/2019 Not given Children’s raincoats; Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07. (HS 6210), – Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620) Taiwan Economy TPKM/375 04/26/2019 06/25/2019 A. Cosmetics used for washing hair, cosmetics used for bathing, cosmetics used for face-washing, Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 105 Country Notification Date Issued Final Date for Comments Merchandise Covered and soap as defined in relevant provisions of the Cosmetic Hygiene and Safety Act. B. Facial scrub, and C. Toothpaste Taiwan Economy TPKM/374 04/24/2019 06/23/2019 Cosmetics;化妆品。 Toiletries Tanzania TZA/262 04/05/2019 06/04/2019 Sacks. Bags Tanzania TZA/263 04/05/2019 06/04/2019 Sacks. Bags Tanzania TZA/264 04/05/2019 06/04/2019 Sacks. Bags Tanzania TZA/265 04/05/2019 06/04/2019 Clothes Tanzania TZA/266 04/05/2019 06/04/2019 Textile fabrics Tanzania TZA/267 04/05/2019 06/04/2019 Sacks. Bags Tanzania TZA/268 04/05/2019 06/04/2019 Sacks. Bags Tanzania TZA/269 04/05/2019 06/04/2019 Sacks. Bags Tanzania TZA/270 04/26/2019 06/25/2019 Liquid fuels (Ethanol for Industrial use) Tanzania TZA/271 04/26/2019 06/25/2019 Liquid fuels (Industrial denatured spirit) Tanzania TZA/272 04/26/2019 06/25/2019 Fruits. Vegetables (Pumpkin seeds) Thailand THA/535/Corr.1 04/03/2019 Not given Food in General Thailand THA/538 04/11/2019 06/10/2019 Inner tubes, of rubber (HS 4013); Road vehicle tyres Thailand THA/517/Add.1 04/18/2019 Not given Telecommunications terminal equipment Thailand THA/518/Add.1 04/23/2019 Not given Telecommunications terminal equipment Thailand THA/539 04/24/2019 06/23/2019 Double-Capped LED Lamps Uganda UGA/1044 04/02/2019 06/01/2019 Face pack (HS: 33) Uganda UGA/1045 04/02/2019 06/01/2019 Butter Sauce, Ghee sauce; Butter and other fats and oils derived from milk; dairy spreads (HS 0405) Uganda UGA/1046 04/02/2019 06/01/2019 Pasteurized goat milk; Milk and cream, not concentrated nor containing added sugar or other sweetening matter (HS 0401) Uganda UGA/1047 04/02/2019 06/01/2019 Cider, Perry; Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included (HS 2206) Uganda UGA/1048 04/02/2019 06/01/2019 Country wine; Other wine; grape must with fermentation prevented or arrested by the addition of alcohol: (HS 22042) Uganda UGA/1049 04/08/2019 06/07/2019 Medical ultrasound gel; – Gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or phys ical examinations or as a coupling agent between the body and medical instruments (HS 300670) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 106 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/1050 04/08/2019 06/07/2019 Hypodermic syringes, hypodermic needles; – Syringes, needles, catheters, cannulae and the like: (HS 90183) Uganda UGA/570/Add.1 04/10/2019 Not given Dry soybeans. Soya beans, whether or not broken. (HS 1201), Soya beans, whether or not broken. (HS 120100) Uganda UGA/571/Add.1 04/10/2019 Not given Sorghum flour. Cereal flours other than of wheat or meslin (HS 1102) Uganda UGA/572/Add.1 04/10/2019 Not given Millet flour. Cereal flours other than of wheat or meslin (HS 1102) Uganda UGA/575/Rev.1/ Add.1 04/10/2019 Not given Milled maize (corn) products (HS 110220) Uganda UGA/576/Rev.1/ Add.1 04/09/2019 Not given Wheat flour (HS 1101; 110100) Uganda UGA/596/Add.1 04/09/2019 Not given Maize grains (HS 1005) Uganda UGA/597/Add.1 04/10/2019 Not given Dry beans (- Beans (Vigna spp., Phaseolus spp.) (HS 070820), — Beans (Vigna spp., Phaseolus spp.) (HS 071022), – Beans (Vigna spp., Phaseolus spp.): (HS 07133), – Beans (Vigna spp., Phaseolus spp.): (HS 20055), — Beans, shelled (HS 200551) Uganda UGA/598/Add.1 04/10/2019 Not given Milled rice (Semi-milled or wholly milled rice, whether or not polished or glazed (HS 100630), – Rice flour (HS 110230)) Uganda UGA/599/Add.1 04/10/2019 Not given Wheat grains (HS 1001) Uganda UGA/757/Add.1 04/10/2019 Not given Dried fish maws Uganda UGA/793/Add.1 04/10/2019 Not given Butcheries (HS 02) Uganda UGA/794/Add.1 04/10/2019 Not given Abattoirs and slaughterhouses (HS 01) U ganda UGA/795/Add.1 04/10/2019 Not given Domestic ungulates, ratite, domestic solipeds (HS 01) Uganda UGA/796/Add.1 04/10/2019 Not given Packaged meat products, processed meat products (HS 02) Uganda UGA/797/Add.1 04/10/2019 Not given Meat and edible meat offal (HS 02) Uganda UGA/ 798/Add.1 04/10/2019 Not given Live animals (HS 01) Uganda UGA/805/Add.1 04/09/2019 Not given Milk albumin, including concentrates of two or more whey proteins (HS 350220), Milk and cream, not concentrated nor containing added sugar or other sweetening matter (HS 0401), Milk and cream, concentrated or containing added sugar or other sweetening matter (HS 0402), Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa (HS 0403), Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included (HS 0404), Butter and other Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 107 Country Notification Date Issued Fin al Date for Comments Merchandise Covered fats and oils derived from milk; dairy spreads (HS 0405) Uganda UGA/808/Add.1 04/10/2019 Not given Baking powder (HS 210230) Uganda UGA/809/Add.1 04/10/2019 Not given Saccharin (food grade) (HS 292511) Uganda UGA/810/Add.1 04/10/2019 Not given Aspartame Uganda UGA/811/Add.1 04/10/2019 Not given Beeswax, Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured (HS 1521) Uganda UGA/812/Add.1 04/10/2019 Not given Coffee, not roasted (HS 09011) Uganda UGA/827/Add.1 04/09/2019 Not given Rice flour Uganda UGA/828/Add.1 04/09/2019 Not given Instant cereal and cereal based flour Uganda UGA/829/Add.1 04/09/2019 Not given Pre-cooked dehydrated pulse products Uganda UGA/851/Add.1 04/10/2019 Not given Sesame paste Uganda UGA/858/Add.1 04/10/2019 Not given Vegetable and nut spread; Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter (HS 2007) Uganda UGA/911/Add.1 04/09/2019 Not given Milk and processed milk products Uganda UGA/912/Add.1 04/09/2019 Not given Whipping cream; Milk and cream, not concentrated nor containing added sugar or other sweetening matter. (HS 0401), Milk and cream, concentrated or containing added sugar or other sweetening matter. (HS 0402) Uganda UGA/540/Add.1 04/12/2019 Not given Bathing bars (HS 34011) Uganda UGA/541/Add.1 04/12/2019 Not given Antibacterial bathing bars (HS 34011) Uganda UGA/677/Add.1 04/12/2019 Not given Sparkling wine (HS 2204) Uganda UGA/711/Add.1 04/12/2019 Not given School Clothing. Other articles of plastics and articles of other materials of headings 39.01 to 39.14 (HS 3926, 6309, 420310, 681250) Uganda UGA/712/Add.1 04/12/2019 Not given School Clothing, blazers. Other articles of plastics and articles of other materials of headings 39.01 to 39.14 (HS 3926, 6103, 6204, 6309, 420310, 681250) Uganda UGA/713/Add.1 04/12/ 2019 Not given School clothing, trousers and shorts (HS 6103, 6203, 6309, 392610, 420310, 681250) Uganda UGA/714/Add.1 04/12/2019 Not given School clothing, girls’ shirts, boys’ shirts (HS 6106, 6205, 6206, 6309, 392610, 420310, 681250) Uganda UGA/715/Add.1 04/12/2019 Not given School clothing, girls’ dresses, girls’ tunics, girls’ gyms (HS 6104, 6309, 392610, 420310, 681250) Uganda UGA/716/Add.1 04/12/2019 Not given School clothing, girls’ slacks, girls’ skirts (HS 6104, 6204, 6309, 392610, 420310, 681250) Uganda UGA/717/Add.1 04/12/2019 Not given School clothing, knee-high stockings, ankle socks (HS 6115, 6309, 392610, 420310) Uganda UGA/718/Add.1 04/12/2019 Not given School clothing, jerseys, cardigans (HS 6110, 6309, 392610, 420310, 681250) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 108 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/719/Add.1 04/12/2019 Not given School clothing, girls’ briefs (HS 6108, 6208, 6309, 392610, 420310, 681250) Uganda UGA/720/Add.1 04/12/2019 Not given School clothing, tracksuits (HS 6112, 6211, 6309, 392610, 420310, 681250) Uganda UGA/721/Add.1 04/12/2019 Not given School clothing, athletic wear (HS 6309, 9506, 61123, 61124, 392610, 420310, 681250) Uganda UGA/776/Add.1 04/12/2019 Not given Methylated spirit. Ethyl alcohol and other spirits, denatured, of any strength (HS 220720) Uganda UGA/779/Add.1 04/12/2019 Not given Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties (HS 3307) Uganda UGA/780/Add.1 04/12/2019 Not given Body oils, Essential oils and resinoids; perfumery, cosmetic or toilet preparations (HS 33) Uganda UGA/799/Add.1 04/12/2019 Not given Shea butter (HS 33) Uganda UGA/800/Add.1 04/12/2019 Not given Lip balm, Lip salve (HS 33) Uganda UGA/801/Add.1 04/12/2019 Not given Lip shine, Lip gloss (HS 33) Uganda UGA/802/Add.1 04/12/2019 Not given Aftershave (HS 33) Uganda UGA/804/Add.1 04/12/2019 Not given Fishing gill nets (HS 560811) Uganda UGA/907/Add.1 04/12/2019 Not given Caustic Soda (Sodium hydroxide); Sodium hydroxide (caustic soda) (HS 28151) Uganda UGA/919/Add.1 04/12/2019 Not given Baby diapers (HS 481840, 560110) Uganda UGA/674/Add.1 04/11/2019 Not given Potable spirit (HS 220720) Uganda UGA/676/Add.1 04/11/2019 Not given Fortified wine (HS 2204) Uganda UGA/678/Add.1 04/11/2019 Not given Whisky (HS 220830) Uganda UGA/679/Add.1 04/11/2019 Not given Vodka (HS 220860) Uganda UGA/680/Add.1 04/11/2019 Not given Brandy Uganda UGA/681/Add.1 04/11/2019 Not given Neutral spirit (HS 22) Uganda UGA/682/Add.1 04/11/2019 Not given Gin Uganda UGA/683/Add.1 04/11/2019 Not given Rum – Rum and tafia (HS 220840) Uganda UGA/754/Add.1 04/11/2019 Not given Glycerol (HS 290545) Uganda UGA/755/Add.1 04/11/2019 Not given Baby oils, Essential oils and resinoids; perfumery, cosmetic or toilet preparations (HS 33) Uganda UGA/756/Add.1 04/11/2019 Not given Dry roasted silver cyprinid. Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption (HS 0305) Uganda UGA/815/Add.1 04/11/2019 Not given Lipstick Uganda UGA/850/Add.1 04/11/2019 Not given Nectars Fruit juices (including grape must) and vegetable juices, unfermented and not containing Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 109 Country Notification Date Issued Final Date for Comments Merchandise Covered added spirit, whether or not containing added sugar or other sweetening matter (HS 2009) Uganda UGA/926/Add.1 04/11/2019 Not given Blended fertilizers; Fertilisers (HS 31). Fertilizers (ICS 65.080). Uganda UGA/927/Add.1 04/11/2019 Not given Organic-inorganic compound fertilizer; Fertilisers (HS 31). Ferti lizers (ICS 65.080). Uganda UGA/928/Add.1 04/11/2019 Not given Compound microbial fertilizer; Fertilisers (HS 31). Fertilizers (ICS 65.080). Uganda UGA/930/Add.1 04/11/2019 Not given Kombucha (HS: 2206). (ICS: 67.160.20). Uganda UGA/751/Add.1 04/16/2019 Not given Shirting fabrics, blouse fabrics, school wear fabrics. Men’s or boys’ shirts. (HS 6205), Women’s or girls’ blouses, shirts and shirt- Blouses. (HS 6206) Uganda UGA/752/Add.1 04/18/2019 Not given School wear fabrics, textured yarns. Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710), Tufted textile fabrics (HS 580230) Uganda UGA/753/Add.1 04/18/2019 Not given School wear fabrics, warp knitted fabrics. Warp knit fabrics (including those made on galloon knitting machines), other than those of headings 60.01 to 60.04. (HS 6005) Uganda UGA/372/Rev.1/ Add.1 04/23/2019 Not given Lubricants, industrial oils and related products Uganda UGA/373/Rev.1/ Add.1 04/23/2019 Not given Lubri cants, industrial oils and related products Uganda UGA/374/Rev.1/ Add.1 04/23/2019 Not given Lubricants, industrial oils and related products Uganda UGA/375/Rev.1/ Add.1 04/23/2019 Not given Lubricants, industrial oils and related products Uganda UGA/504/Add.1 04/23/2019 Not given Paper and paperboard; articles of paper pulp, of paper or of paperboard (HS 48) Uganda UGA/505/Add.1 04/23/2019 Not given Paper and paperboard; articles of paper pulp, of paper or of paperboard (HS 48) Uganda UGA/506/Add.1 04/23/2019 Not given Base paper for waxed bread wrap (HS 48) Uganda UGA/507/Add.1 04/23/2019 Not given Facial tissue paper (HS 4803) Uganda UGA/508/Add.1 04/23/2019 Not given General-purpose paper (HS 4803) Uganda UGA/509/Add.1 04/23/2019 Not given Paper serviettes/napkins (HS 4803) Uganda UGA/510/Add.1 04/23/2019 Not given Photocopy paper Uganda UGA/511/Add.1 04/23/2019 Not given Corrugated fibre board boxes for general packaging Uganda UGA/512/Add.1 04/23/2019 Not given Multi-wall paper s acks for packaging of cement Uganda UGA/513/Add.1 04/23/2019 Not given Waxed paper for bread wrap Uganda UGA/514/Add.1 04/23/2019 Not given Natural and extensible kraft paper (HS 48042) Uganda UGA/515/Add.1 04/23/2019 Not given Wrapping paper Uganda UGA/567/Add.1 04/23/2019 Not given Cotton khanga, Containing 85% or more by weight of cotton (HS 520710) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 110 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/568/Add.1 04/23/2019 Not given Knitted polyester/cellulosic, Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710) Uganda UGA/686/Add.1 04/23/2019 Not given Biomass stoves (HS 7321) Uganda UGA/746/Add.1 04/23/2019 Not given Fabrics, school wear fabrics Uganda UGA/747/Add.1 04/23/2019 Not given Fabrics, blazer fabrics, school wear blazers. Jackets and blazers: (HS 61033), Jackets and blazers: (HS 61043), Jackets and b lazers: (HS 62033), Jackets and blazers: (HS 62043). Uganda UGA/749/Add.1 04/23/2019 Not given Polyester fabrics, viscose fabrics. Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710), Woven fabrics obtained from high tenacity yarn of viscose rayon (HS 540810), Clothing, clothing accessories, footwear and headgear (HS 681250) Uganda UGA/750/Add.1 04/23/2019 Not given School wear fabrics, polyester fabrics, cotton fabrics. Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200 g/m². (HS 5209), Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibres, weighing not more than 200 g/m². (HS 5210), Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710) Uganda UGA/781/Add.2 04/24/2019 Not given Gaming equipment Uganda UGA/788/Add.1 04/24/2019 Not given Wheelbarrows Uganda UGA/789/Add.1 04/24/2019 Not given Machetes (HS 8201) Uganda UGA/790/Add.1 04/24/2019 Not given Spades and shovels (HS 820110) Uganda UGA/791/Add.1 04/24/2019 Not given Hand tools, the following: spades, shovels, mattocks, picks, hoes, forks and rakes;斧头、钩子和类似的砍伐工具； 任何种类的修枝剪和修枝剪； scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry. (HS 8201), – Harrows, scarifiers, cultivators, weeders and hoes: (HS 84322). Uganda UGA/792/Add.1 04/24/2019 Not given Hand tools, the following: spades, shovels, mattocks, picks, hoes, forks and rakes;斧头、钩子和类似的砍伐工具； 任何种类的修枝剪和修枝剪； scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry (HS 8201) Uganda UGA/803/Add.1 04/24/2019 Not given Pesticides and other agrochemicals in general Uganda UGA/807/Add.1 04/24/2019 Not given Motorcycle r ubber wheel inner tubes; Inner tubes, of rubber (HS 4013) Uganda UGA/813/Add.1 04/23/2019 Not given Surgical instruments and materials Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 111 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/814/Add.1 04/23/2019 Not given Surgical instruments and materials Uganda UGA/816/Add.1 04/24/2019 Not given Buses Uganda UGA/833/Add.1 04/23/2019 Not given Surgical instruments and materials Uganda UGA/836/Add.1 04/23/2019 Not given Surgical instruments and materials Uganda UGA/837/Add.1 04/23/2019 Not given Needles Used in Surgical Sutures (HS 9018, 844851) Uganda UGA/838/Add.1 04/23/2019 Not given Needles Used in Surgical Sutures (HS 844851, 901832) Uganda UGA/840/Add.1 04/23/2019 Not given Cotton T-Shirts (HS 6109) Uganda UGA/862/Add.1 04/24/2019 Not given Salt;硫;泥土和石头； plastering materials, lime and cement (HS 25) Uganda UGA/863/Add.1 04/24/2019 Not given Portland cement, alum inous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/864/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/865/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/892/Add.1 04/23/2019 Not given Hospital cotton bed sheets Toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, serviettes, napkins for babies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clot hing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (HS 4818) Uganda UGA/893/Add.1 04/23/2019 Not given Green surgical fabric for gowns and drapery, Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200 g/m² (HS 5209) Uganda UGA/920/Add.1 04/23/2019 Not given Engine oil; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/937/Add.1 04/23/2019 Not given Petroleum products; Petroleum oils and oils obtained from bituminous minerals, crude. (HS 2709). Petroleum products in general (ICS 75.080). Ba ker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 112 Country Notification Date Issued Final Date for Comments Merchandise Covered Uganda UGA/938/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/939/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/940/Add.1 04/23/2019 Not given Lubricating Oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/941/Add.1 04/23/2019 Not given Lubricating oils; L ubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/942/Add.1 04/23/2019 Not given Lubricating oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petr oleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/943/Add.1 04/23/2019 Not given Engine Oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 113 Country Notification Date Issued Final Date for Comments Merchandise Covered mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/944/Add.1 04/23/2019 Not given Engine Oil; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/945/Add.1 04/23/2019 Not given Automotive Engine Oil; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals . (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Uganda UGA/946/Add.1 04/23/2019 Not given Automotive Engine Oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/948/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding prep arations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/949/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 114 Country Notification Date Issued Final Date for Comments Merchandise Covered of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/950/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-cor rosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/951/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/952/Add.1 04/23/2019 Not given Petroleum products; Petroleum oils and oils obtained from bituminous minerals, crude (HS 2709) Uganda UGA/953/Add.1 04/23/2019 Not given Vulcanized Rubber, Thermoplastic Elastomers; Vulcanised rubber thread and cord Uganda UGA/954/Add.1 04/23/2019 Not given Rubber and articles thereof (HS 40) Uganda UGA/955/Add.1 04/23/2019 Not given Rubber and articles thereof (HS 40) Uganda UGA/956/Add.1 04/23/2019 Not given All products, conformity Uganda UGA/957/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/958/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparatio ns, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/959/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 115 Country Notification Date Issued Final Date for Comments Merchandise Covered treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constit uents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/960/Add.1 04/23/2019 Not given Engine oils, Base oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/961/Add.1 04/23/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other mat erials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/963/Add.1 04/23/2019 Not given Engine oils, Lubricating Additives; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403), – Additives for lubricating oils: (HS 38112) Uganda UGA/1051 04/23/2019 06/22/2019 Bed blankets; Blankets and travelling rugs (HS 6301) Uganda UGA/1052 04/23/2019 06/22/2019 Bed blankets; – Blankets (other than electric blankets) and travelling rugs, of wool or of fine animal hair (HS 630120) Uganda UGA/1053 04/23/2019 06/22/2019 School bags; 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) Uganda UGA/1054 04/23/2019 06/22/2019 Sewing thread of man-made staple fibres, whether or not put up for retail sale (HS 5508) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 116 Country Notification Date Issued Final Date for Comments Merchandi se Covered Uganda UGA/1055 04/23/2019 06/22/2019 Vests; T-shirts, singlets and other vests, knitted or crocheted (HS 6109) Uganda UGA/866/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/867/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/868/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/869/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/870/Add.1 04/24/2019 Not given Portland cement, alumin ous cement, slag cement, supersulphate cement and simil a r hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/871/Add.1 04/24/2019 Not given Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers (HS 2523) Uganda UGA/923/Add.1 04/24/2019 Not given Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow. (HS 2201). Drinking water (ICS 13.060.20). Uganda UGA/924/Add.1 04/24/2019 Not given Environmental water, waste water; Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow. (HS 2201). Drinking water (ICS 13.060.20). Uganda UGA/925/Add.1 04/24/2019 Not given Surface water, saline water, domestic and industrial wastes; Mineral waters and aerated waters ( HS 220110). Drinking water (ICS 13.060.20). Uganda UGA/947/Add.1 04/24/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/962/Add.1 04/24/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 117 Country Notification Date Issued Final Date for Comments Merchandise Covered of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/964/Add.1 04/24/2019 Not given Wooden Door Shutters; – Shutters, blinds (including Venetian blinds) and similar articles and parts thereof (HS 392530) Uganda UGA/965/Add.1 04/24/2019 Not given Wooden door shutters; Doors, windows and their frames and thresholds for doors (HS 392520), Shutters, blinds (including Venetian blinds) and similar articles and parts thereof (HS 392530), Doors and their frames and thresholds (HS 441820), Doors, windows and their frames and thresholds for doors (HS 761010) Uganda UGA/966/Add.1 04/24/2019 Not given Dining tables; Other furniture and parts thereof (HS 9403) Uganda UGA/967/Add.1 04/24/2019 Not given Library furniture and fittings: timber; Other furniture and parts thereof (HS 9403) U ganda UGA/968/Add.1 04/24/2019 Not given Library furniture and fittings: steel; Other furniture and parts thereof (HS 9403) Uganda UGA/970/Add.1 04/24/2019 Not given Steel shelving cabinets; Filing cabinets, card-index cabinets, paper trays, paper rests, pen trays, officestamp stands and similar office or desk equipment, of base metal, other than office furniture of heading 94.03. (HS 8304), – Metal furniture of a kind used in offices (HS 940310) Uganda UGA/971/Add.1 04/24/2019 Not given Steel filing cabinets; Filing cabinets, card-index cabinets, paper trays, paper rests, pen trays, officestamp stands and similar office or desk equipment, of base metal, other than office furniture of heading 94.03 (HS 8304) Uganda UGA/972/Add.1 04/24/2019 Not given Office metal chairs, non-revolving chairs, non-tilting chairs; – Metal furniture of a kind used in offices (HS 940310) Uganda UGA/973/Add.1 04/24/2019 Not given Metal chairs, revolving metal chairs, tilting metal chairs; – Metal furniture ofa kind used in offices (HS 940310) Uganda UGA/974/Add.1 04/24/2019 Not given Wooden shelving cabinets, adjustable wooden shelving cabinets; – Wooden furniture of a kind used in offices (HS 940330) Uganda UGA/975/Add.1 04/24/2019 Not given Composite office tables Uganda UGA/977/Add.1 04/24/2019 Not given Polymer; Polymers of ethylene, in primary forms (HS 3901), – Cyclic polymers of aldehydes (HS 291250) Uganda UGA/978/Add.1 04/24/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/979/Add.1 04/24/2019 Not given Engine oils; Lubricatin g preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 118 Country Notification Date Issued Final Date for Comments Merchandise Covered mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/980/Add.1 04/24/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but exc luding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/981/Add.1 04/24/2019 Not given Engine oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/982/Add.1 04/24/2019 Not given Mineral fuels, mineral oils and products of their distillation;沥青物质； mineral waxes (HS 27) Uganda UGA/983/Add.1 04/24/2019 Not given Diesel Engine Oil; Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion prepa rations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Uganda UGA/986/Add.1 04/24/2019 Not given Stainless steel milk cans; — Cans which are to be closed by soldering or crimping (HS 731021) Uganda UGA/987/Add.1 04/24/2019 Not given Foil for pharmaceutical packaging; Aluminium and articles thereof (HS 76) Uganda UGA/1056 04/24/2019 06/23/2019 Eaves gutters and fittings; – Other (HS 392590) Ukraine UKR/123/Add.1 04/09/2019 Not given Directional lamps; light-emitting diode (LED) lamps; equipment designed for installation between the mains and the lamps, including lamp control gear, control devices and luminaires (other than ballasts and luminaires for fluorescent and high-intensity discharge lamps) Ukrain e UKR/123/Add.2 04/18/2019 Not given Directional lamps; light-emitting diode (LED) lamps; equipment designed for installation between the mains and the lamps, including lamp control gear, control devices and luminaires (other than ballasts Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 119 Country Notification Date Issued Final Date for Comments Merchandise Covered and luminaires for fluorescent and high-intensity discharge lamps) Ukraine UKR/151 04/23/2019 06/22/2019 Equipment for use outdoors Ukraine UKR/112/Add.2 04/24/2019 Not given Radio equipment United States USA/1046/Rev.1 04/01/2019 Not given Fluorescent lamp ballasts – Fluorescent, hot cathode (HS 8539.31) United States USA/1451 04/01/2019 05/20/2019 Volatile organic compounds United States USA/1452 04/01/2019 04/22/2019 Off highway recreational vehicle emissions; Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), includ ing station wagons and racing cars (HS 8703) United States USA/1453 04/01/2019 04/05/2019 School buses; Motor vehicles for the transport of ten or more persons, including the driver (HS 8702) United States USA/1454 04/01/2019 Not given Gaming devices, systems and associated equipment United States USA/1271/Add.2 04/03/2019 Not given Methylene chloride and N-Methylpyrrolidone (HS 290312) United States USA/1455 04/03/2019 04/22/2019 Formaldehyde emission control for certain wood products United States USA/1456 04/03/2019 05/28/2019 Methylene Chloride; Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium (HS 3209) United States USA/1457 04/03/2019 04/1 5/2019 Small unmanned aircraft systems; Other aircraft (for example, helicopters, airplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles (HS 8802) United States USA/1458 04/03/2019 04/15/2019 Product-safety testing and certification services United States USA/1459 04/04/2019 03/18/2019 Electric utility generating units emissions; Electric motors and generators (excluding generating sets) (HS 8501) United States USA/1429/Corr. 1 04/10/2019 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 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) Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 120 Country Notification Date Issued Final Date for Comments Merchandise Covered United States USA/1462 04/10/2019 06/17/2019 Mycoplasma United States USA/1463 04/10/2019 05/06/2019 Flow cytometer instruments United States USA/1464 04/10/2019 06/26/2019 Mammography quality United States USA/1407/Add.1 04/11/2019 Not given Portable air conditioners United States USA/1465 04/11/2019 04/29/2019 Softwood lumber; Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared (HS 4403); Other articles of wood (HS 4421) United States USA/1466 04/11/2019 Not given Auto titration device for oral appliances United States USA/1467 04/1 1/2019 Not given Software application for contraception United States USA/1468 04/11/2019 Not given Device to detect and identify microorganisms and associated resistance marker nucleic acids directly in respiratory specimens; Medical equipment (ICS 11.040) United States USA/1469 04/11/2019 Not given Transcranial magnetic stimulation system for neurological and psychiatric disorders and conditions United States USA/1470 04/11/2019 05/22/2019 Lead in candy United States USA/715/Add.1 04/16/2019 Not given Glazing materials (HS 3207.20) United States USA/1167/Add.1 04/16/2019 Not given Topical antimicrobial drug products United States USA/1401/Add.1 04/16/2019 Not given Chemical substances United States USA/1461/Corr. 1 04/16/2019 Not given Organic crop production United States USA/1471 04/16/2019 06/03/2019 Bottled water; Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow (HS 2201); Quality, Beverages, Water quality United States USA/1472 04/16/2019 06/10/2019 Walk-behind power lawn mowers; Domestic safety (ICS 13.120), Agricultural machines, implements and equipment United States USA/1473 04/24/2019 05/17/2019 Test procedures United States USA/1474 04/24/2019 Not given In vitro diagnostic devices Viet Nam VNM/140 04/05/2019 Not given Manufactured and assembled automobiles 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 1991 to the present and many issued before 1991 are available for search and downloading using the CROSS search engine. Over 203,000 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 Borde r Protection pursuant to 19 USC §1625(c) to revoke or Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 121 modify binding rulings or treatment previously accorded to substantially identical merchandise. Published in CBP Bulletin (P) Proposed (A) Action Product(s) or Issue(s) Ruling(s) to be Modified (M) or Revoked (R) Old Classification or Position New Ruling New Classification or Position Comments Due (C) or Effective Date (E) PROPOSED REVOCATIONS/MODIFICATIONS (P) 04-03-19 Tariff classification of three styles of women’s sandals. NY N270791 R 6402.99.4960 HQ H278605 6402.99.31 [GRI 1, 6;章。 64 N 3(a), 4] (C) 05-03-19 Tariff classification of a surgical tray NY N177676 M 9018.49.8080 HQ H277654 7326.90.86 [GRI 1;秒。 XV, N 1(h), Chap 90 N 2; EN] Tariff classification of men’s shorts, men’s sweaters, men’s shirts, tunic-type garments and dust skirts NY H84223 R 6203.49.8060 HQ H293468 6203.43.90 [GRI 1, 6;秒。 XI N 2(A), Subheading N 2(A); EN Sec. XI N 2(A)] NY F89120 6110.90.9010 6110.20.20 NY H84975 6205.90.4040 6205.30.20 HQ 085998 modifying HQ 085150 6303.91.00 or 6303.92.00 instead of 6304.19.05 or 6304.19.15 6303.92.20 HQ 088132 6110.90.0074 6110.11.00 Tariff classification of plastic spray actuators NY 874164 NY R00270 R 8424.90.9080 3923.50.0000 HQ H294716 8424.89.90 [GRI 1, Sec. XVI, N 2(a); EN] (P) 04-24-19 Tariff classification of wood fence post bracket assembly NY L83439 R 7326.90.8587 HQ H268650 7318.15.5090 [GRI 3(c); EN (VIII) of GRI 3(b)] (C) 05-24-19 Tariff classification of reclining sofas NY N289071 M 9401.61.4011 HQ H290176 9401.61.6011 [GRI 1; EN 94.01] Country of origin marking determination of the TEMS™ Pocket network testing device HQ H014068 M Because of software: country of origin is Sweden HQ H243924 China or Malaysia or any other country of manufacture where an article recognizable as a mobile telephone is created PROPOSALS WITHDRAWN (A) 04-03-19 Tariff classific ation of certain sheep’s milk cheeses 11 Rulings 5 Rulings RM Proposal Withdrawn Proposal was published in 09-26-18 Cus.公牛。 (E) 04-03-19 REVOCATIONS/MODIFICATIONS (A) 04-03-19 Tariff classification of Greek yogurt dips NY N283364 R 0406.10.84 HQ H285620 2103.90.90 [GRI 1, 6; EN 21.03] (E) 06-03-19 Tariff classification of wallpaper strippers. NY 898469 R 8516.10.00 HQ H297833 8516.79.00 [GRI 1, 6; AUSR1(a); EN 85.16] Tariff classification of articles of soapstone or steatite NY N245635 HQ 958353 NY 811379 NY 811779 NY B86726 NY H80981 NY N063856 NY N156155 NY N156975 R 7116.20.40 HQ H250466 6802.99.00 [GRI 1, 6; chap 71 N 1, chap 68 N 1(d); EN 68.02, 71.03, 71.16] Tariff classification of plastic play food packaged in a plastic backpack PC K88915 M 9503.00.00 HQ H300680 4202.92.45 [GRI 1, 6;章。 42 AUSN 1, Chap 95 N 1(d), 4 – not GRI 3(b) or 5(a)] Tariff classification of a certain men’s woven shirt and a men’s woven suit NY N278872 NY N282688 M Eligible for 9817.00.96 HQ H300625 HQ H300660 Not eligible – not specially designed or adapted for handicapped Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 122 European Classification Regulations The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update. Commission Implementing Regulation Description of the goods Classification (CN code) Reasons (EU) 2019/612 (of 09-04-19) 1. An article made of woven textile fabric (cotton), in the form of a tower, held up by a metal frame to be placed next to a high bed at one of the openings and attached by means of the screws to the bed. It is not free standing and cannot be moved. It has openings in the form of cutouts resembling doors or windows. It is decorated in order to match the theme of a child’s room. See image below 6304 92 00 Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6304 and 6304 92 00. The article is not intended essentially for the amusement of children as it can neither be moved, nor is it a play tent (see also the Harmonised System Explanatory Notes (HSEN) to heading 9503 (D) first paragraph, (xxiii)). Considering its objective characteristics (instability, construction, high windows, need to be attached by means of the screws), the article is not designed to play with but it rather serves for decorative purposes. Consequently, classification under heading 9503 as ‘other toys’ is excluded. It is a decorative furnishing article of textile material for a child’s room (see also the HSEN to heading 6304). It is therefore to be classified under CN code 6304 92 00 as other furnishing articles, excluding those of heading 9404, not knitted or crocheted, of cotton. An article made of woven textile fabric (cotton), and designed to hang from a high bed to the floor to create a covered space below the bed. It has an opening either as a cut-out in the shape of a door or as a split in the textile. It is decorated in order to match the theme of the child’s room. See image above 6304 92 00 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6304 and 6304 92 00. The article is not intended essentially for the amusement of children as it covers the space below the bed (see also the HSEN to heading 9503 (D) first paragraph). Consequently, classification under heading 9503 as ‘other toys’ is excluded. It is a decorative furnishing article of textile material for a child’s room (see also the HSEN to heading 6304). It is therefore to be classified under CN code 6304 92 00 as other furnishing articles, excluding those of heading 9404, not knitted or crocheted, of cotton. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 123 Commission Implementing Regulation Description of the goods Classification (CN code) Reasons (EU) 2019/613 (of 09-04-19) A threaded article made of stainless steel with an internal thread. It is in the form of a nut with a flange on one end. The article is designed to be used in the pipeline assembly of the hydraulic braking system of a motor vehicle. The article, when tightened, causes the components of the connecting joint to settle into the correct position, thus securing the hydraulic seal. See images below 7318 16 39 Classification is determined by general rules (GIR) 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7318, 7318 16 and 7318 16 39. The article has the objective characteristics of ‘threaded articles’ classified under heading 7318. Classification under heading 7307 as tube or pipe fittings is excluded as the ar ticle only presses on the components that form the connection in the joint and is not in contact with the liquid transmitted via the pipeline. The inner thread of the article is not designed to form or maintain a hydraulic seal. The article cannot be classified as an unfinished fitting/coupling by virtue of GIR 2(a) for the interpretation of the Combined Nomenclature because it does not have the essential character of the finished fitting/coupling. Bolts, nuts, screws, etc. suitable for use in the assembly of tube or pipe fittings are excluded from heading 7307 (see also the Harmonized System Explanatory Notes to heading 7307, exclusions, point (b)). Consequently, the article is to be classified under CN code 7318 16 39 as other nuts of stainless steel. (EU) 2019/643 (of 15-04-19) An article consisting of a rectangular plate made of steel with a length of 48,26 cm (19 inches) and rectangular shaped brackets of plastics. The brackets are attached perpendicularly to the plate, and have an opening in their short sides opposite to the plate. The article has perforations at both ends of the plate to enable it to be fixed by screwing to steel cabinets of a length matching that of the article (19 inch cabinets), which can be used in telecommunication, data processing systems, etc. The article is designed to be used to organise cables in the cabinets. See image 8302 42 00 Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, notes 2(c) and 3 to Section XV, note 1(d) to Chapter 94 and by the wording of CN codes 8302 and 8302 42 00 . The steel plate gives the article its essential character because it is the plate which is fixed to the cabinets and supports and holds the brackets in place. Heading 8302 covers general purpose classes of base metal accessory fittings and mountings, such as are used largely on furniture, doors, windows, coachwork etc. even if they are designed for particular uses (see also the Harmonized System Explanatory Notes to heading 8302 , first paragraph). Steel cabinets are classified as furniture within the meaning of note 2 to Chapter 94 (see also the HS classification opinions 940320/3 and 940320/4). The article has the objective characteristics of a fitting of base metal suitable for furniture classified under heading 8302 . In accordance with note 2(c) to Section XV, articles of heading 8302 are parts of general use. Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 124 Commission Implementing Regulation Description of the goods Classification (CN code) Reasons Classification as parts of furniture under heading 9403 is therefore excluded by virtue of note 1(d) to Chapter 94. Consequently, the article is to be classified under CN code 8302 42 00 as other base-metal mountings, fittings and similar articles suitable for furniture. (EU) 2019/644 (of 15-04-19) An apparatus for the precise transfer of liquid droplets (so-called ‘liquid handler’) measuring approximately 540 × 680 × 930 mm and weighing approximately 128 kg. The apparatus consists of two devices for receiving microplates (source plate and destination plate), two deionisation rods and an ultrasound head incorporated in a compact housing with a control LED, a small display and an emergency button. The apparatus utilises the Acoustic Droplet Ejection (ADE) method which uses sound energy (targeted ultrasonic pulses) to move ultralow volume of droplets of liquid from a source plate to an inverted destination plate with extremely high precision and accuracy. The system transfers droplets of 2,5 nano-litres per ejection enabling the transfer of larger volumes of liquid. Multiple droplets are ejected from the source at up to 500 times per second. The apparatus is used in the preparation of samples in laboratory sites to transfer specific volumes of reagents from one microplate to another. 8479 89 97 Classification is determined by general rules (GIR) 1, 3(b) and 6 for t he interpretation of the Combined Nomenclature and by the wording of CN codes 8479, 8479 89 and 8479 89 97 . The apparatus is a composite product within the meaning of GIR 3(b) and it is to be classified according to the component that gives the product its essential character. Despite the fact that measuring and analysing are necessary in order to ensure a precise dosing of the volume of liquid, it is the exact dosing, using ultrasound, of the ejected droplets that is considered to be the function that gives the apparatus its essential character. Classification under heading 9026 as instruments or apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases is excluded as measuring and analysing are ancillary functions of the apparatus. The apparatus is therefore to be classified under CN code 8479 89 97 as other machines and mechanical appliances having individual functions, not specified or included elsewhere. (EU) 2019/645 (of 15-04-19) An ar ticle made of woven textile fabric (cotton) composed of three textile pockets stitched together and designed to be hung on a high bed rail. The article is intended for storing small items. The pockets may be decorated to match the theme of a child’s room. See image 6307 90 98 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 7(f) to Section XI and by the wording of CN codes 6307 , 6307 90 and 6307 90 98 . The pockets are not considered furnishing articles (see also the Harmonised System Explanatory Notes (HSEN) to heading 6304) but serve as storage units. Consequently, classification of the article under heading 6304 as other furnishing articles is excluded. It is a made-up textile article, not included more specifically in other headings of Section XI or elsewhere within the meaning of heading 6307 (see also the HSEN to heading 6307). It is therefore to be classified under CN code 6307 90 98 as other made-up articles. (EU) 2019/646 (of 15-04-19) Track link assembly (so-called ‘track-chain’) made of cast steel, consisting of track links which are connected by pins/joints. The links have drilled holes for attaching plates of rectangular shape (so-called 8431 49 20 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 1(f) to Section XV, note 2(b) Section XVI and by the wording of CN codes 8431 , 8431 49 and 8431 49 20 . Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 125 Commission Implementing Regulation Description of the goods Classification (CN code) Reasons ‘shoes/pads’), not included upon presentation. The design of the article, mainly the presence of the drilled holes to which the ‘shoes/pads’ are to be attached makes the article identifiable as a caterpillar belt (which both delivers the propulsion and supports the machinery to move on it) suitable for use solely or principally with earth-moving machinery of heading 8429. (See image) Based on its objective characteristics, the article is identifiable as a part being solely or principally suitable for use with machinery of heading 8429 (see also the Harmonised System classification opinion 8431.49/1). The objective characteristics of the article (size and shape) are those of a caterpillar belt designed for use with machinery of heading 8429 . Classification under heading 7315 as chains of iron or steel is consequently excluded. The article is therefore to be classified under CN code 8431 49 20 as other parts suitable for use solely or principally with the machinery of headings 8425 to 8430 ; of cast iron or cast steel. (EU) 2019/647 (of 15-04-19) An audio apparatus (so-called ‘soundbar’) for sound reproduction of audio files of various formats from various interfaces. Its overall dimensions are approximately 110 × 14 × 7 cm. The apparatus is equipped with: — Ethernet interface, — Bluetooth and WiFi network connectivity, — digital optical i nput and RCA line inputs and outputs, — two USB ports, of which one is mini and for product servicing. The apparatus can be used with another sound reproducing apparatus or with a television apparatus. It can also reproduce audio files stored on the USB flash memory or an internet radio. It is designed to create surround sound and stereo effects. 8519 81 45 Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of the CN codes 8519, 8519 81 and 8519 81 45. The apparatus combines the function of a loudspeaker of heading 8518 (when used in connection with another sound reproducing apparatus or with a television apparatus) and a function of a sound reproducing apparatus of heading 8519 (when reproducing audio files from a USB flash memory or from an internet radio). As the apparatus also performs a sound reproducing function, classification under heading 8518 is excluded. Since the apparatus is supplied with a USB conne ction, it means that it is using semiconductor media. Therefore, the product is to be classified under CN code 8519 81 45 as ‘other sound reproducing apparatus using semiconductor media’. (EU) 2019/648 (of 15-04-19) An apparatus designed to capture a sequence of images and incorporating a volatile internal memory able to temporarily store those images (so-called ‘high speed camera’). By Implementing Regulation (EU) No 113/2014, the Commission classified the camera, under CN code 8525 80 19 as other television cameras. Implementing Regulation (EU) No 113/2014 is repealed In its judgment in Case C-372/17 (Judgment of 13 September 2018, Vision Research Europe, C372/17, EU:C:2018:708), the Court of Justice ruled that Implementing Regulation (EU) No 113/2014 is invalid. For reasons of legal certainty, provisions which have been declared invalid by the Court of Justice should be formally removed from the legal order of the Union. Section 337 Actions In the United States, section 337 of the T ariff Act of 1930 as amended (19 USC §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 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 126 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 [ENFORCEMENT PROCEEDING] Notice of Institution of Formal Enforcement Proceeding 337–TA–1065 Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof Notice of the Commission’s Final Determination Finding No Violation of Section 337; Termination of the Investigation 337–TA–10 67 Certain Road Milling Machines and Components Thereof Commission Determination To Review in Part a Final Initial Determination; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding 337–TA–1074 Certain Industrial Automation Systems and Components Thereof Including Control Systems, Controllers, Visualization Hardware, Motion and Motor Control Systems, Networking Equipment, Safety Devices, and Power Supplies Issuance of a General Exclusion Order and a Cease and Desist Order; Termination of the Investigation 337–TA–1081 Certain LED Light Devices, LED Power Supplies, and Components Thereof Commission Determination to Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date 337–TA–1088 Certain Road Construction Machines and Components Thereof Commission Determination to Review-in-Part a Final Initial Determination Finding a Section 337 Violation; Schedule for Filing Written Submissions; Extension of the Target Date for Completion of the Investigation 337–TA–1091 Certain Color Intraoral Scanners and Related Hardware and Software Notice of Request for Statements on the Public Interest 337–TA–1127 Certain Microperforated Packaging Containing Fresh Produce (II) Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation With Respect to Respondent Growers Express, LLC.; Termination of the Investigation 337–TA–1128 Certain Lithography Machines and Systems and Components Thereof (I) Termination of Investigation on the Basis of Settlement 337–TA–1129 Certain Lithography Machines and Systems and Components Thereof (II) Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation 337–TA–1136 Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof Termination of Investigation on the Basis of Settlement 337–TA–1139 Certain Electronic Nicotine Delivery Systems and Components Thereof Notice of Commission Decision Not To Review an Initial Determination Granting-in-Part a Joint Motion To Amend the Complaint and Notice of Investigation 337–TA–1149 Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same Institution of Investigation based on a complaint filed on behalf of Innovative Foundry Technologies LLC alleging patent infringement 337–TA–1150 Certain Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the Same Institution of Investigation based on a complaint filed on behalf of Data Scape Limited and C-Scape Consulting Corp. alleging patent infringement 337–TA–1151 Certain Photovoltaic Cells and Products Containing Same Institution of Investigation based on a complaint filed on behalf of Hanwha Q CELLS USA Inc. and Hanwha Q CELLS & Advanced Materials Corporation alleging patent infringement 337–TA–1152 Certain Vehicle Security and Remote Convenience Systems and Components Thereof Institution of Investigation based on a complaint filed on behalf of DEI Holdings, Inc., Directed, LLC, and Directed Electronics Canada Inc Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 127 Inv. № Commodity Action 337–TA–1153 Certain Bone Cements, Components Thereof and Products Containing the Same Institution of Investigation based on a complaint filed on behalf of Heraeus Medical LLC and Heraeus Medical GmbH alleging misappropriation of trade secrets 337–TA–1154 Certain Child Carriers and Components Thereof Institution of Investigation based on a complaint filed on behalf of LILLEbaby LLC 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 reg ard to the listed commodities and soliciting comments on any public interest issues raised by the complaints: Ref. № Commodity Complaint filed on behalf of: DN 3376 Certain Luxury Vinyl Tile and Components Thereof Mohawk Industries, Inc., Flooring Industries Ltd. Sarl, and IVC US Inc. DN 3379 Certain LED Packages Containing PFS Phosphor and Products Containing Same Current Lighting Solutions, LLC, General Electric Co., and Consumer Lighting (US), LLC d/b/a GE Lighting DN 3380 Certain Cardio-Strength Training Magnetic-Resistance Cable Exercise Machines and Components Thereof ICON Health & Fitness, Inc. Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.) Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value. WTO Safeguard Notifications Notification № Member Merchandise Action G/SG/N/6/COL/8 (16-04-19) Colombia Sheets of cardboard and polyethylene Initiation of a safeguard investigation on 09-04-19 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–122–857 C–122–858 Certain Softwood Lumber Products From Canada Initiation of AD and CVD Administrative Reviews. Period of review for AD: 6/30/17–12/31/18 for CVD: 4/28/17–12/31/18. See notice for list of companies seeking reviews A–570–092 Mattresses From China Postponement of Preliminary Determination in the LTFV Investigation C–570–107 Wooden Cabinets and Vanities and Components Thereof From China Initiation of CVD Investigation Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 128 United States Department of Commerce, International Trade Admini stration (ITA) Case № Merchandise/Country Action A–570–848 Freshwater Crawfish Tail Meat From China Preliminary Results of ADD New Shipper Review; 2017–2018 A–570–106 Wooden Cabinets and Vanities and Components Thereof From China Initiation of LTFV Investigation A–570–912 Certain New Pneumatic Off-the-Road Tires From China Notice of Partial Rescission of the ADD Administrative Review; 2017-2018 C–570–094 Refillable Stainless Steel Kegs From China Preliminary Affirmative CVD Determination and Alignment of Final Determination with Final ADD Determination A–201–838 Seamless Refined Copper Pipe and Tube from Mexico Rescission of ADD Administrative Review; 2017-2018 C–570–096 Aluminum Wire and Cable From China Preliminary Affirmative CVD Determination and Alignment of Final Determination with Final ADD Determination A–580–891 A–412–826 Carbon and Alloy Steel Wire Rod From S. Korea and the UK Notice of Final Results of ADD Changed Circumstances Review A–201–842 Large Residential Washers From Mexico Preliminary Results of the ADD Administrative Review; 2017–2018 C–552–824 Laminated Woven Sacks From Vietnam Final Affirmative CVD Determination C–570–911 Circular Welded Carbon Quality Steel Pipe From China Rescission of CVD Administrative Review; 2017 A–552–823 Laminated Woven Sacks From Vietnam Final Determination of Sales at LTFV A–351–825 Stainless Steel Bar From Brazil Final Results of ADD Administrative Review; 2017 A–570–912 Certain New Pneumatic Off-the-Road Tires From China Notice of Correction to the Partial Rescission of the ADD Administrative Review; 2017– 2018 AGENCY: A–583–853 Certain Crystalline Silicon Photovoltaic Products From Taiwan Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017– 2018 C–580–837 Certain Cut-to-Length Carbon-Quality Steel Plate From S. Korea: Preliminary Results of CVD Administrative Review; and Rescission of Review, in Part; Calendar Year 2017 C–122–865 C–201–851 C–570–103 Certain Fabricat ed Structural Steel From Canada, Mexico, and China Postponement of Preliminary Determinations in the CVD Investigations A–533–810 Stainless Steel Bar From India Preliminary Results of ADD Administrative Review; 2017– 2018 A–570–910 Circular Welded Carbon Quality Steel Pipe From China Final Results of the Expedited Second Sunset Review of the ADD Order C–570–011 Certain Crystalline Silicon Photovoltaic Products From China Preliminary Results of CVD Administrative Review, and Rescission of Review in Part; 2017 A–570–967 Aluminum Extrusions From China Preliminary Results of ADD Administrative Review and Rescission of Review, in Part; 2017– 2018 A–570–958 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From China Rescission of the ADD Administrative Review; 2017–2018 A–421–813 Certain Hot-Rolled Steel Flat Products From the Netherlands Rescission of the ADD Administrative Review; 2017–2018 A–475–818 C–475–819 A–489–805 C–489–806 Certain Pasta From Ital y and Turkey Continuation of the ADD and CVD Orders A–570–879 Polyvinyl Alcohol From China Notice of Final Results of ADD Changed Circumstances Review A–580–867 Large Power Transformers From S. Korea Final Results of ADD Administrative Review; 2016–2017 A–570–928 Uncovered Innerspring Units From China Final Results of the ADD Administrative Review; 2017-2018 C–570–089 Steel Racks From China Amended Preliminary CVD Determination A–821–809 Certain Hot-Rolled Carbon Steel Flat Products From the Russian Federation Correction to the Preliminary Results of the 2016-2017 Administrative Review Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 129 United States Department of Commerce, International Trade Administration (ITA) Case № Merchandise/Country Action A–570–090 Certain Steel Wheels 12 to 16.5 Inches in Diameter From China Preliminary Affirmative Determination of Sales at LTFV, and Preliminary Affirmative Determination of Critical Circumstances A–201–836 Li ght-Walled Rectangular Pipe and Tube From Mexico Final Results of ADD Administrative Review; 2016-2017 A–552–802 Certain Frozen Warmwater Shrimp From Vietnam Preliminary Results of ADD Administrative Review; 2017-2018 A–570–097 C–570–098 Polyester Textured Yarn From China Preliminary Affirmative Determinations of Critical Circumstances in the AD and CVD Investigations A–533–840 Certain Frozen Warmwater Shrimp From India Preliminary Results of ADD Administrative Review; 2017–2018 A–533–885 A–570–097 Polyester Textured Yarn From India and China Postponement of Preliminary Determinations in the LTFV Investigations A–508–812 Magnesium From Israel Postponement of Preliminary Determination in the LTFV Investigation A–570–909 Certain Steel Nails From China Final Results of ADD Administrative Review, and Final Determination of No Shipments; 2016-2017 C–552–819 Certain Steel Nails From Vietnam Rescission of CVD Administrative Review; 2017 A–122–866 Sodium Sulfate Anhydrous From Canada Initiatio n of LTFV Investigation C–533–888 C–570–105 Carbon and Alloy Steel Threaded Rod From India and China Postponement of Preliminary Determinations in the CVD Investigations C–570–017 Certain Passenger Vehicle and Light Truck Tires From China Final Results of CVD Administrative Review; 2016 A–570–028 Hydrofluorocarbon Blends From China Final Results of the ADD Administrative Review and Final Determination of No Shipments; 2016- 2017 A–570–016 Certain Passenger Vehicle and Light Truck Tires From China Final Results of the ADD Administrative Review and Final Determination of No Shipments; 2016-2017 A–549–835 Rubber Bands From Thailand ADD Order A–580–883 Certain Hot-Rolled Steel Flat Products From S. Korea 2017– 2018; Rescission of the ADD Administrative Review in Part C–570–959 Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From China Rescission of CVD Administrative Review; 2017 A–552–801 Certain Frozen Fish Fillets From Vietnam Final Results, and Fin al Results of No Shipments of the ADD Administrative Review; 2016–2017 A–602–809 Certain Hot-Rolled Steel Flat Products from Australia Final Results of ADD Administrative Review; 2016-2017 United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1206 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan [REVIEW] Institution of a Five-Year Review 701–TA–455 731– TA–1149 Circular Welded Carbon Quality Steel Line Pipe From China [SECOND REVIEW] Institution of Five-Year Reviews 731–TA–752 Crawfish Tail Meat From China [FOURTH REVIEW] Institution of a Five-Year Reviews 731–TA–1446 Sodium Sulfate Anhydrous From Canada [PRELIMINARY] Institution of ADD Investigation and Scheduling of Preliminary Phase Investigation Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 130 United States International Trade Commission (USITC) Inv. № Merchandise/Country Action 731–TA–1435–1440 Acetone From Belgium, Korea, Saudi Ara bia, Singapore, South Africa, and Spain [PRELIMINARY] Determination: reasonable indication that an industry in the United States is materially injured by reason of imports subject goods from Belgium, Korea, Singapore, South Africa, and Spain, that are alleged to be sold in the United States at LTFV. the Commission terminates the ADD investigation on acetone from Saudi Arabia. 701–TA–597 731– TA–1407 Cast Iron Soil Pipe From China [FINAL] Determination: an industry in the United States is materially injured by imports 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–618–619 731–TA–1441–1444 Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand [PRELIMINARY] Determinations: reasonable indication that an industry in the United States is materially injured by imports that are alleged to be sold in the United States at LTFV and to be subsidized by the governments of China and India 701–TA– 621 731–TA–1447 Ceramic Tile From China [PRELIMINARY] Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations 731–TA–919 Certain Welded Large Diameter Line Pipe From Japan [THIRD REVIEW] Scheduling of a Full Five-Year Review 731–TA–929-931 Silicomanganese from India, Kazakhstan, and Venezuela [THIRD REVIEW] Determination: revocation of the ADD 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 701–TA–595–596 731–TA–1401, 1403, 1405–1406 Large Diameter Welded Pipe From Canada, Greece, Korea, and Turkey [ FINAL] Determinations that for certain subheadings an industry in the United States is materially injured (Canada, Korea, and Turkey) by sales at LTFV and by subsidies (S.韩国）; threatened with material injury by reason of LTFV imports from Greece. Further, the Commission terminated the CVD investigation on imports from Turkey. For certain other subhea dings: Commission determined materially injury for LTFV imports from Canada, Korea, and Turkey and subsidized imports from Korea and Turkey and terminated investigation on imports from Greece. Finally for subheading 7305.31.60, no injury or threatened injury from Canada and Korea; terminates ADD investigation for Greece and AD/CVD for Turkey 701–TA–447 731–TA–1116 Circular Welded Carbon-Quality Steel Pipe From China [SECOND REVIEW] Scheduling of Expedited Five-Year Reviews 731–TA–1410 Rubber Bands From Thailand [FINAL] Determination: an industry in the United States is materially injured by imports found by Commerce to be sold at LTFV 701–TA–620 731–TA–1445 Wooden Cabinets and Vanities from China [PRELIMINARY] Determinations: reasonable indication that an industry in the United States is materially injured by imports alleged to sold at LTFV and subsidized by China 701–TA–607 731– TA–1417, 1419 Steel Propane Cylinders From China and Thailand 1419 [FINAL] Revised Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations 701–TA–622 731– TA–1448 Dried Tart Cherries From Turkey [PRELIMINARY] Institution of ADD and CVD Investigations and Scheduling of Preliminary Phase Investigations 701–TA–488 731–TA–1199-1200 Certain Large Residential Washers from Korea and Mexico [REVIEW] Determinations: revocation of the AD and CVD duty orders on products from Korea would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time; revocation of the ADD order on products from Mexico would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 131 Canadian International Trade Tribunal (CITT) Ref. Number Merchandise/Country Action GC-2018-001 Certain Steel Goods [The classes of goods subject to the inquiry ar e: (1) heavy plate, (2) concrete reinforcing bar, (3) energy tubular products; (4) hot-rolled sheet, (5) prepainted steel, (6) stainless steel wire, and (7) wire rod] Determinations and Recommendations Report on Safeguard Inquiry NQ-2018-005 Certain Nitisinone Capsules from Sweden Finding that the dumping of the subject goods has not caused injury and is not threatening to cause injury to the domestic industry NQ-2018-004 Certain corrosion-resistant flat-rolled steel sheet products of carbon steel originating in or exported from China, Chinese Taipei, India and S. Korea Finding that the dumping of the subject goods has not caused injury but is threatening to cause injury to the domestic industry. Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country Action OCTG2 2018 UP 02 Oil Country Tubular Goods from Indonesia Notice of Conclusion of Normal Value Review FAS 2019 RI Certain Carbon Steel Fasteners originating in or exported from China, and Chinese Taipei Notice of Re-in vestigation of the normal values and export prices from all listed countries, and the amounts of subsidy for the subject goods from China NIT 2018 IN Certain Nitisinone Capsules from Sweden Statement of Reasons for the Final Determination of Dumping CPF 2019 RI Certain Copper Pipe Fittings from the United States, South Korea and China CBSA has extended the re-investigation to update the normal values and export prices and the amounts of subsidy from China TC 2018 ER Dumping and Subsidizing: Certain Thermoelectric Containers from China Expiry Review Determination – Statement of Reasons CT 2018 ER Dumping: Certain copper tube originating in or exported from Brazil, China, Greece, Mexico and S. Korea. Subsidizing: those goods originating in or exported from China Notice of Expiry Review Decision – Determinations that expiry is likely to result in the continuation or resumption of dumping of such goods originating in or exported from Mexico, Brazil, China, Greece, and South Korea; and in t he continuation or resumption of subsidizing of such goods originating in or exported from China NAFTA Panels Case Number Merchandise/Country Action None Mexico – Ministry of Economy Ref. № Merchandise/Country Action 02/19 Stainless steel flat products originating in China and Chinese Taipei, regardless of the country of export. Resolution accepting the request of an interested party and declaring the initiation of the AD investigation EC 04/19 Plastic Atomizers originating in China, regardless of the country of export Resolution declaring the commencement of the examination of the validity of the ADD Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 132 Mexico – Ministry of Economy Ref. № Merchandise/Country Action 19/18 Wind Towers originating in China, regardless of the country of export Resolution accepting the interested party’s request and declaring the initiation of the AD investigation 10/17 Sheet steel plate originating in Italy regardless of th e country of export Final resolution in the AD investigation European Union Reference Merchandise/Country Action 2019/C 123/13 Ferro-silicon originating in Russia and China Notice of initiation of an expiry review of the AD measures (EU) 2019/566 Certain tube and pipe fittings originating in the Russian Federation, S. Korea and Malaysia Commission Implementing Regulation imposing a definitive ADD on imports following an expiry review and terminating the investigation concerning the imports of the same product originating in Turkey 2019/C 133/04 Certain grain-oriented flat-rolled products of silicon-electrical steel originating, inter alia, in Japan Notice concerning the AD measures: name change of one company subject t o the ADD rate for cooperating non-sampled companies (EU) 2019/576 Mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the USA Commission Implementing Regulation imposing a provisional ADD 2019/C 140/06 Melamine originating in China Notice concerning the AD measures in force: change of the name of a company subject to the minimum import price for cooperating nonsampled companies 2019/C 140/07 Sulphanilic Acid originating in China Notice of the impending expiry of certain AD measures on 19.12.19 2019/C 141/04 Certain filament glass fibre products originating in China Notice of the impending expiry of certain anti-subsidy measures on 24.12.19 Australian Anti-Dumping Commission Ref. № Merchandise/Country/Case # Action 2019/27 Aluminium Zinc Coated Steel from China #500 Findings in relation to an Accelerated Review 2019/31 Tomato Products, Prepared or Preserved from Italy #488 Findings of a continuation inquiry into AD Measure 2019/37 A4 Copy Paper from Finland, Korea, Russia, Slovakia #463 Findings in relation to a Dumping Investigation 2019/38 Grinding Balls from China #502 Findings in relation to Accelerated Review 2019/42 Railway Wheels from China and France #466 Notice for longer period for the decision of the Minister for Industry, Science and Technology 2019/43 Steel Reinforcing Bar from Korea and Taiwan #486/489 Extension of time granted to issue Final Report 2019/46 PVC Flat Electrical Cables from China #469 Termination of part of an investigation 2019/48 Hollow Structural Sections from China, Korea, Malaysia, Taiwan EX0064 Findings of Exemption inquiry EX0064 2019/49 Deep Drawn Stainless Steel Sinks from China Notice of Expiry 2019/50 Ammonium Nitrate fro m China, Sweden, Thailand #473 Extension of time granted to issue the Final Report 2019/51 Various Monthly status report – March 2019 2019/52 Aluminium Extrusions from China #497 Extension of time to granted to issue the Statement of Essential Facts and Final Report 2019/53 Tomato Products, Prepared or Preserved from Italy #488 Notice for longer period for the decision of the Minister for Industry, Science and Technology Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 133 Australian Anti-Dumping Commission Ref . № Merchandise/Country/Case # Action 2019/55 Hot Rolled Structural Steel Sections from Japan, Korea, Taiwan, Thailand #499 / #505 Extension of time granted to publish Statement of Essential Facts and Final Report 2019/56 Steel Reinforcing Bar from Turkey #495 Revision to Securities 2019/59 Aluminium Extrusions from Malaysia #509 Initiation of a Review China Ministry of Commerce (MOFCOM) Ref. № Merchandise/Country Action MOFCOM № 12, 2019 Phenol from the US, EU, South Korea, Japan and Thailand Extension of investigation for six months MOFCOM № 16, 2019 Methionine originating in Singapore, Malaysia and Japan Commencement of ADD investigation MOFCOM № 18, 2019 Dried distillers corn originating in the United States Review on need for continued ADD and CVD at request of US Grains Council MOFCOM № 17, 2019 Imported electrolytic capacitor paper originating in Japan Final review of AD measures found that if terminated, dumping may continue or reoccur and damage domestic industry – continue fo r 5 years Government of India Ministry of Finance (Department of Revenue) Notification № Merchandise/Country Action 16/2019-Cus (ADD) 09-04-19 Cast Aluminium Alloy Wheels or Alloy Road Wheels used in Motor Vehicles, whether or not attached with their accessories, of a size in diameters ranging from 12 inches to 24 inches, originating in or exported from China PR, Korea RP and Thailand Notific a tion imposing Anti-dumping Duty rescinded 17/2019-Cus (ADD) 09-04-19 Definitive Anti-dumping Duty imposed for a period of 5 years 18/2019-Cus (ADD) 10-04-19 Ductile Iron Pipes originating in or exported from China PR Extends imposition of Anti-dumping Duty till 9 May, 2019 19/2019-Cus (ADD) 16-04-19 Paracetamol originating in or exported from China Notification imposing Anti-dumping Duty rescinded Government of India Ministry of Commerce and Industry (Department of Commerce) File № and Date Merchandise/Country Action INITIATIONS 6/4/2019-DGTR 02-04-19 Aluminium and Zinc coated flat products origi nating in or exported from China PR, Vietnam and Korea RP Initiates Anti-dumping Investigation ORAL HEARINGS 7/36/2018-DGAD 02-04-19 Purified Terephthalic Acid (PTA) originating in or exported from Korea RP and Thailand Schedules oral hearing on 29 April, 2019 in Sunset Review Investigation 7/44/2018-DGTR 04-04-19 Electrical Insulators originating in or exported from China PR Schedules oral hea ring on 24 April, 2019 in Sunset Review Investigation 7/37/2018-DGTR 05-04-19 Low Ash Metallurgical Coke originating in or exported from Australia and China PR Schedules oral hearing on 24 April, 2019 in Midterm Review Investigation Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 134 Government of India Ministry of Commerce and Industry (Department of Commerce) File № and Date Merchandise/Country Action 7/38/2018-DGTR 29-04-19 Saturated Fatty Alcohols originating in or exported from Indonesia, Malaysia, Thailand and Saudi Arabia Schedules oral hearing on 9 May, 2019 in NewShipper Review Investigation FINAL FINDINGS 7/18/2018-DGAD 01-04-19 Ductile Iron Pipes originating in or exported from China PR Final Findings issued in Sunset Review Investigation OTHERS 6/17/2018-DGAD 05-04-19 Continuous Cast Copper Wire Rods originating in or exported from Indonesia, Malaysia, Thailand and Vietnam Invites comments by 18 April, 2019 on Product Control Number (PCN) methodology to be adopted in Anti-subsidy Investigation 7/34/2018-DGTR 25-04-19 PVC Suspension Grade Resin originating in or exported from China PR, Thailand, and USA Time for filing additional data of 6 months beyond Period of Investigation by producers/ exporters in Sunset Review Invest igation extended till 29 April, 2019 Argentina Ministry of Production and Labor Ref. Number Merchandise/Country Action Res. 218/2019 RESOL-2019-218- APN-MPYT Sunglasses, frames for eyeglasses and glasses (glasses) corrective or pre-graduated, originating in China Application of combined AD measure, consisting of a specific duty and an ad valorem duty for a term of TWO (2) years.水库。 26/2019 RESOL-2019-26- APN-SCE # MPYT Hand adjustment keys originating in China and Taipei Closing of non-preferential verification of origin procedure for hand adjustment keys, declared as originating in Spain; return of guarantees Res. 243/2019 RESOL-2019-243- APN-MPYT Certain thermos flasks and other containers isothermal originating in China ADD imposed for five years Res. 27/2019 RESOL-2019-27- APN-SCE # MPYT Certain boilers for central heating originating in Italy and Slovakia Investigation continues without the application of provisional antidumping duties Res. 253/2019 RESOL-2019-253- APN-MPYT Shock absorbers used in motor-cycles, etc. from China Close investigation and assess ADD for 5 years Res. 42/2019 RESOL-2019-42- APN-SCE # MPYT Certain vacuum cleaners, with builtin electric motors originating in China Close investigation without application of definitive ADD Res. 43/2019 RESOL-2019-43- APN-SCE # MPYT Certain poly (ethylene terephthalate), in granules originating in Oman Commence AD investigation Res. 45/2019 RESOL-2019-45- APN-SCE # MPYT Machines and apparatus for welding metal, arc, except welding robots, originating in China Opening of investigation for alleged dumping Res. 46/2019 RESOL-2019-46- APN-SCE # MPYT Certain Boards of wood fiber obtained by wet process, originating in Brazil Investigation continues without application of provisional dumping duties Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action SECEX Cir. № 16 New radial tires for buses and trucks, originating in Japan Update of the price commitment Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 135 Brazil Ministry of Development, Industry and Trade Reference Merchandise/Country Action SECEX Cir. № 17 Metallic magnesium originating in China and Russia Initiates public interest assessment concerning definitive AD measures SECEX Cir. № 18 polypropylene thermoplastic resins of the PP homo and PP cup types originating in the USA, South Africa, South Korea and India Initiates public interest assessment concerning definitive AD measures SECEX Cir. № 19 Cast iron pipes for pipes, originating in China, the United Arab Emirates and India Initiates public interest assessment concerning definitive AD measures SECEX Cir. № 20 Automobile tires originating in China Updates the deadlines that will serve as a parameter for the remainder of the final ADD review SECEX Cir. № 21 Padlocks originating in China Extends the deadline for the conclusion of the end-of-period review of ADD SECEX Cir. № 22 Ferro-alloy pipe pipes from China, the United Arab Emirates and India Announces the new deadline for the final determination in the investigation of dumping SECEX Cir. № 23 GNO steel originating in China, South Korea, and Chinese Taipei Initiates public interest assessment concerning definitive AD measures and on the possible application of AD measures on originating imports from Germany. SECEX Cir. № 24 Certain seamless carbon steel pipes used for oil and gas pipelines originating in China; 2) ethanolamines originating in Germany and the United States of America; 3) loudspeakers originating in China 1) Discloses the deadlines for the revision of the AD measures 2) Extends the deadline for the conclusion of the end-of-period review of the ADD 3) Extends the deadline for the conclusion of the end-of-period review of the ADD SECEX Cir. № 25 GNO (NGW) steel originating in Germany Announces the new deadline for the final determination in the investigation of dumping Opportunity to Request Administrative Review In an April 1, 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 April anniversary dates: AD/CVD Proceedings – Country/ Merchandise Case No. Period Antidumping Duty Proceedings Argentina: Biodiesel A–357–820 10/31/17–3/31/19 Indonesia: Biodiesel A–560–830 10/31/17–3/31/19 R. of Korea: Phosphor Copper A–580–885 4/1/18–3/31/19 The PR of China: 1,1,1,2-Tetrafluoroethane A–570–044 4/1/18–3/31/19 Activated Carbon A–570–904 4/1/18–3/31/19 Aluminum Foil A–570–053 11/2/17–3/31/19 Drawn Stainless Steel Sinks A–570–983 4/1/18–3/31/19 Magnesium Metal A–570–896 4/1/18–3/31/19 Non-Malleable Cast Iron Pipe Fittings A–570–875 4/1/18–3/31/19 Stainless Steel Sheet a nd Strip A–570–042 4/1/18–3/31/19 Steel Threaded Rod A–570–932 4/1/18–3/31/19 Countervailing Duty Proceedings The PR of China: Aluminum Foil C–570–054 8/14/17–12/31/18 Drawn Stainless Steel Sinks C–570–984 1/1/18–12/31/18 Stainless Steel Sheet and Strip C–570–043 1/1/18–12/31/18 Suspension Agreements None Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 136 Requested Reviews In an April 1, 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 January anniversary dates. See actual notices for companies requesting review: AD/CVD Proceedings – Country/ Merchandise Case No. Period Antidumping Duty Proceedings Thailand: Prestressed Concrete Steel Wire Strand A–549–820 1/1/18–12/31/18 The PR of China: Hardwood Plywood Products A–570–051 6/23/17–12/31/18 Multilayered Wood Flooring A–570–970 12/1/17–11/30/18 Certain Cased Pencils A–570–827 12/1/17–11/30/18 Potassium Permanganate A–570–001 1/1/18–12/31/18 Wooden Bedroom Furniture A–570–890 1/1/18–12/31/18 Countervailing Duty Proceedings Argentina: Biodiesel C–357–821 8/28/17–12/31/18 Indonesia: Biodiesel C–560–831 8/28/17–12/31/18 The PR of China: Hardwood Plywood Products C–570–052 4/25/18-12/31/18 Tool Chests and Cabinets C–570–057 9/15/18–12/31/18 Suspension Agreements None Initiation of Sunset Reviews In an April 1, 2019, Federal Register notice, the US Department of Commerce advised that it was automatically initiati ng 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–570–935 731–TA–1149 China Circular Welded Carbon Quality Steel Line (2nd) C–570–936 701–TA–455 China Circular Welded Carbon Quality Steel Line (2nd) A–570–848 731–TA–752 China Freshwater Crawfish Tailmeat (4th Review) A–588–869 731–TA–1206 Japan Diffusion-Annealed Nickel-Plated Flat Rolled Steel Products (1st Review) Advance Notification of Sunset Reviews In an April, 2019, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year (“Sunset”) reviews for May 2019. AD/CVD Proceedings – Merchandise/Country Case No. Antidumping Duty Proceedings Light-Walled Rectangular Pipe and Tube from China A–570–914 (2nd Review) Prestressed Concrete Steel Rail Tie Wire from China A–570–990 (1st Review) Small Diameter Graphic Electrodes from China A–570–929 (2nd Review) Light-Walled Rectangular P ipe and Tube from Mexico A–201–836 (2nd Review) Prestressed Concrete Steel Rail Tie Wire from Mex ico A–201–843 (1st Review) Light-Walled Rectangular Pipe and Tube from South Korea A–580–859 (2nd Review) Light-Walled Rectangular Pipe and Tube from Turkey A–489–815 (2nd Review) Countervailing Duty Proceedings Light-Walled Rectangular Pipe and Tube from China C–570–915 (2nd Review) Editor, International Trade Compliance Update Stuart P. Seidel Washington, DC +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions.先前的结果并不能保证类似的结果。 Please see copyright and acknowledgements on the last page Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 137 AD/CVD Proceedings – Merchandise/Country Case No. Suspended Investigations No Sunset Reviews of suspended investigations are scheduled for initiation in May 2019 Baker McKenzie International Trade Compliance Update | May 2019 8465028-v6\WASDMS 138 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 / Emergin g Markets Peerapan Tungsuwan Bangkok Nick Coward & Janet Kim Washington DC Miguel Noyola Chicago/Washington DC ©2019 Baker & McKenzie.版权所有。 Baker & McKenzie International is a Swiss Verein with member law firms around the world. 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