international trade compliance update › fr1 › 519 › 50369 ›...

$: International Trade Compliance Update › fr1 › 519 › 50369 › April_2019_International_Tr… · Baker McKenzie International Trade Compliance Update | April 2019 3 8461069-v8\WASDMS$
8461069-v8\WASDMS 1

International Trade Compliance Update

(Covering Customs and Other Import Requirements, Export Controls and Sanc-

tions, Trade Remedies, WTO and Anti-Corruption)

Newsletter | April 2019

Please see our Webinars, Meetings, Seminars section for contact and regis-

tration information for the new webinars in our 16th annual Global Trade and

Supply Chain Webinar Series entitled, “2019: What's Up in International

Trade? Keeping up to Speed on Evolving Challenges,” as well as links to

past webinars and information on other events.

In addition, there are links to the video recordings, PowerPoints and handout

materials of the

2018 Year-End Import/Export Review in Santa Clara as well as Presentation Materials from the

Asia Pacific International Commercial and Trade Client Confer-ence (Tokyo November 2018).

To keep abreast of international trade-related news, visit our blogs:

For International Trade Compliance Updates, please regularly visit www.internationaltradecomplianceupdate.com.

For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly.

For resources and news regarding international trade, particularly in Asia,

please visit our Trade Crossroads blog at

http://tradeblog.bakermckenzie.com/.

To see how BREXIT (the UK exiting the EU) may affect your business, visit http://brexit.bakermckenzie.com/

For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/.

Note: Unless otherwise indicated, all information in this Update is taken from official ga-zettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source usually may be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered.

In This Issue:

World Trade Organization (WTO)

World Customs Organization (WCO)

Other International Matters

The Americas

- Central America

- North America

- South America

Asia-Pacific

Europe, Middle East and North Africa

Africa (except North Africa)

Trade compliance enforcement ac-tions - import, export, IPR, FCPA

Newsletters, reports, articles, etc.

Webinars, Meetings, Seminars, etc.

WTO TBT Notifications

CBP Rulings: Downloads and Searches

CBP Rulings: Revocations or Modifi-cations

European Classification Regulations

Amendments to the CN Explanatory Notes

Section 337 Actions

Antidumping, Countervailing Duty and Safeguard Investigations, Or-ders & Reviews

Ed-itor

Inter-na-tional

Trade

Editor, International Trade Com-pliance Update

Stuart P. Seidel

Washington, D.C. +1 202 452 7088 [email protected]

This may qualify as “Attorney Advertis-ing” requiring notice in some jurisdic-tions. Prior results do not guarantee a similar outcome.

Please see copyright and acknowl-edgements on the last page

Please see copyright and acknowl-edgements on the last page

http://www.internationaltradecomplianceupdate.com/

http://sanctionsnews.bakermckenzie.com/

http://tradeblog.bakermckenzie.com/

http://brexit.bakermckenzie.com/

http://globalcompliancenews.com/

mailto:[email protected]

Baker McKenzie

International Trade Compliance Update | April 2019

8461069-v8\WASDMS

2

WORLD TRADE ORGANIZATION (WTO)

South Sudan begins WTO membership negotiations

The WTO announced that the first meeting of the Working Party on the Acces-

sion of South Sudan took place on 21 March 2019. According to the announce-

ment, WTO members expressed support for working with the world’s youngest

nation in order to advance its accession negotiations. South Sudan pledged to

use the WTO accession process as an instrument for promoting peace.

South Sudan gained independence on 11 July 2011 and first submitted its appli-

cation for observer status in the WTO in April 2012. The process then stalled as

the country descended into civil war. On 5 December 2017, the government sub-

mitted a request for WTO accession which received unanimous support at the

11th WTO Ministerial Conference in Buenos Aires on 13 December 2017.

South Sudan is a member of the EAC, which it joined in October 2016. The dele-

gation also took part in the third Trade Policy Review of the EAC (Burundi,

Kenya, Rwanda, Tanzania and Uganda) on 20 and 22 March.

Trade Policy Review: Ecuador, East African Community (EAC)

The third review of the trade policies and practices of Ecuador took place on 5

and 7 March 2019. The basis for the review was a report by the WTO Secretariat

and a report by the Government of Ecuador.

The third review of the trade policies and practices of Burundi, Kenya, Rwanda,

Tanzania and Uganda took place on 20 and 22 March 2019. The basis for the re-

view was a report by the WTO Secretariat (including reports for Burundi, Kenya,

Rwanda, Tanzania and Uganda) and a report by the Governments of Burundi,

Kenya, Rwanda, Tanzania and Uganda.

Recent disputes

The following disputes have been recently brought to the WTO. Click on the case

(“DS”) number below to go to the WTO website page for details on that dispute.

DS. No. Case Name Date

DS579 India - Measures Concerning Sugar and Sugarcane - Request for consultations by Brazil [requested 27-02-19]

07-03-19

DS580 India - Measures Concerning Sugar and Sugarcane - Request for consultations by Australia [requested 01-03-19]

DS581 India - Measures Concerning Sugar and Sugarcane - Request for consultations by Guatemala

25-03-19

DSB activities

During the period covered by this update, the Dispute Settlement Body (DSB) or

parties to a dispute took the following actions or reported the following activities.

(Click on “DS” number to go to summaries of the case, click on “Activity” to go to

the latest news or documents):

DS No. Case Name Activity Date

DS353 United States — Measures Affecting Trade in Large Civil Aircraft — Second complaint (Complainant: EU)

Appellate Body issues re-port on US compliance

28-03-19

The International Trade Compliance

Update is a publication of the

Global International Commercial

and Trade Practice Group of Baker

McKenzie. Articles and comments

are intended to provide our readers

with information on recent legal de-

velopments and issues of signifi-

cance or interest. They should not

be regarded or relied upon as legal

advice or opinion. Baker McKenzie

advises on all aspects of Interna-

tional Trade law.

Comments on this Update may be sent to the Editor:

Stuart P. Seidel


A note on spelling, grammar

and dates--

In keeping with the global nature

of Baker McKenzie, the original

spelling, grammar and date format-

ting 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 auto-

mated program and are for infor-

mation purposes only. Depending

on the language, readers with the

Chrome browser should be able to

automatically get a rough to excel-

lent English translation.

Credits:

Unless otherwise indicated, all in-formation is taken from official inter-national 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 infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.

https://www.wto.org/english/news_e/news19_e/acc__21mar19_e.htm

https://www.wto.org/english/tratop_e/tpr_e/tp484_e.htm

https://www.wto.org/english/tratop_e/tpr_e/s383_e.pdf

https://www.wto.org/english/tratop_e/tpr_e/g383_e.pdf

https://www.wto.org/english/tratop_e/tpr_e/s384_e.pdf

https://www.wto.org/english/tratop_e/tpr_e/s384-01_e.pdf








https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds579_e.htm

https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=252006&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True









https://www.wto.org/english/news_e/news19_e/353abrw_e.htm

https://www.wto.org/english/news_e/news19_e/353abrw_e.htm


http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:330:0039:0042:EN:PDF


Baker McKenzie


8461069-v8\WASDMS

3

TBT Notifications

Member countries of the WTO are required under the Agreement on Technical

Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical

regulations that could affect trade with other Member countries. The WTO Secre-

tariat distributes this information in the form of “notifications” to all Member coun-

tries. See separate section on WTO TBT Notifications for a table which summa-

rizes notifications posted by the WTO during the past month.

WORLD CUSTOMS ORGANIZATION (WCO)

Announcements and news releases [dd-mm-yy]

Date Title

01-03-19

WCO celebrates World Wildlife Day 2019 - Life below water: for people and planet

WCO discusses benefits and challenges relating to free trade zones at The Economist's Asian Trade Summit

Enhancing connectivity between Hong Kong, Macau and mainland China: Cus-tom’s role highlighted

04-03-19

Dynamic WCO Leadership and Management Development Workshop in Ja-maica Customs Valuation and Transfer Pricing Workshop in Bogota, Colombia

WCO supports MENA Region in the implementation of the Pre-arrival Pro-cessing System

05-03-19 Kazakhstan expands logistics at borders and in main cities under strong political leadership

07-03-19

WCO Members engage in a Pilot project to test the Unified File Format Devel-opment

Strong political support for Customs modernization in Uzbekistan

08-03-19

The global Customs community celebrates International Women’s Day 2019

Another Successful Step in the Development of “Pool of PCA Trainers” in East Africa

Japan continues to support the WCO counter-terrorism initiative for South East Asia

11-03-19 Launch of the EU-WCO Programme for Harmonized System in Africa

13-03-19

WCO Risk Management diagnostic mission to support Gambia Revenue Au-thority

WCO continues to support the Bahamas in the area of tariff classification

The WCO offers its support to the Union of the Comoros in its initiative to ac-cede to the Revised Kyoto Convention

Accreditation workshop for Technical and Operational Advisors on the Revenue Package for the administrations of French-speaking African countries

The National Revenue Authority (NRA) of Sierra Leone modernizes its Human Resource system by integrating a competency-based approach WCO Conducts a Post Clearance Audit Diagnostic for the Customs Division of Antigua and Barbuda

3rd Meeting of National Contact Points for Capacity Building in the WCO Ameri-cas and Caribbean Region

14-03-19

WCO Publishes the New TRS Guide

11th TFA Working Group explores new opportunities for the Time Release Study

UNODC – WCO Container Control Programme receives BIC Award

Joint WCO - OECD Regional Workshop on Customs Valuation and Transfer Pricing in Yangzhou, China

15-03-19 New UNESCO tools to fight the illicit trafficking of cultural property

18-03-19

The PTC endorses the Study Report on Disruptive Technologies

RILO we Meeting with New Director of German Federal Customs Criminological Office – Dr. Rainer Mellwig

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-celebrates-world-wildlife-day-2019-life-below-water.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-celebrates-world-wildlife-day-2019-life-below-water.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-discusses-benefits-and-challenges-relating-to-free-trade-zones-at-asian-trade-summit.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-discusses-benefits-and-challenges-relating-to-free-trade-zones-at-asian-trade-summit.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/customs-role-in-enhancing-connectivity-between-hong-kong-macau-and-mainland-china.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/customs-role-in-enhancing-connectivity-between-hong-kong-macau-and-mainland-china.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/dynamic-wco-leadership-and-management-development-workshop-in-jamaica.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/dynamic-wco-leadership-and-management-development-workshop-in-jamaica.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/customs-valuation-and-transfer-pricing-workshop-in-bogota-colombia.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-supports-mena-region-in-the-implementation-of-the-pre-arrival-processing-system.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-supports-mena-region-in-the-implementation-of-the-pre-arrival-processing-system.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/kazakhstan-expands-logistics-at-borders-and-main-cities-under-strong-political-leadership.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/kazakhstan-expands-logistics-at-borders-and-main-cities-under-strong-political-leadership.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-members-engage-in-a-pilot-project-to-test-the-unified-file-format-development.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-members-engage-in-a-pilot-project-to-test-the-unified-file-format-development.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/strong-political-support-for-customs-modernization-in-uzbekistan.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-global-customs-community-celebrates-international-womens-day-2019.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/another-successful-step-in-the-development-of--pool-of-pca-trainers-in-east-africa.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/another-successful-step-in-the-development-of--pool-of-pca-trainers-in-east-africa.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/japan-continues-to-support-the-wco-counter-terrorism-initiative-for-south-east-asia.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/japan-continues-to-support-the-wco-counter-terrorism-initiative-for-south-east-asia.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/launch-of-the-eu-wco-programme-for-harmonized-system-in-africa.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-risk-management-diagnostic-mission-to-support-gambia-revenue-authority.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-risk-management-diagnostic-mission-to-support-gambia-revenue-authority.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-continues-to-support-the-bahamas-in-the-area-of-tariff-classification.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-offers-its-support-to-the-union-of-the-comoros.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-offers-its-support-to-the-union-of-the-comoros.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/accreditation-workshop-for-technical-and-operational-advisors.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/accreditation-workshop-for-technical-and-operational-advisors.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/nra-of-sierra-leone-modernizes-its-human-resource-system.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/nra-of-sierra-leone-modernizes-its-human-resource-system.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-conducts-a-post-clearance-audit-diagnostic-for-the-customs-division-of-antigua-and-barbuda.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-conducts-a-post-clearance-audit-diagnostic-for-the-customs-division-of-antigua-and-barbuda.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/3rd-meeting-of-national-contact-points-for-cb-in-the-wco-americas-and-caribbean-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/3rd-meeting-of-national-contact-points-for-cb-in-the-wco-americas-and-caribbean-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-publishes-the-new-trs-guide.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/11th-tfa-working-group-explores-new-opportunities-for-the-time-release-study.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/11th-tfa-working-group-explores-new-opportunities-for-the-time-release-study.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/unodc-wco-container-control-programme-receives-bic-award.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/joint-wco-oecd-regional-workshop-on-customs-valuation.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/joint-wco-oecd-regional-workshop-on-customs-valuation.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/new-unesco-tools-to-fight-the-illicit-trafficking-of-cultural-property.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-ptc-endorses-the-study-report-on-disruptive-technologies.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/rilo-we-meeting-with-new-director-of-german-federal-customs-criminological-office.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/rilo-we-meeting-with-new-director-of-german-federal-customs-criminological-office.aspx

Baker McKenzie


8461069-v8\WASDMS

4

Date Title

Conference of Directors General of Customs of the West and Central Africa re-gion

19-03-19

The WCO organized a successful Regional Workshop for the Accreditation of TRS experts in Xiamen, China

Jamaica becomes the second country in the Americas and Caribbean region to implement the nCEN

The 38th Session of the Enforcement Committee discusses SMART borders and how to enhance Customs controls

WCO and IPPC agree on a Joint Work Plan for Cooperation

20-03-19

The WCO supports Gambia Revenue Authority and stakeholders in the prepa-ration of the Time Release Study (TRS)

WCO attends Development Partners Meeting for the Americas and Caribbean region

Enhanced cooperation with Italy

21-03-19

Asia Pacific training managers gathered to discuss further cooperation in the re-gion

First steps for the Anti-Corruption and Integrity Promotion (A-CIP) Programme for Customs in Sierra Leone

22-03-19 WCO supports Azerbaijan Customs to build capacity in X-ray image analysis

26-03-19 The WCO further enhances its capabilities to provide Capacity Building support in the area of Transit

27-03-19

Development of Customs Risk Management Framework in Tanzania for the fur-ther enhancement of its risk management function

WCO Successfully Assesses the Malawi Revenue Authority’s People Develop-ment Foundations as a Strategic Contributor to Trade Facilitation

WCO supports Tonga to strengthen its Time Release Study (TRS) capacities

Successful completion of the second step towards development of a “Pool of Customs Valuation Trainers” in Southern Africa

WCO continues to support the Bahamas in Customs valuation

WCO and OECD move ahead with their anti-corruption agenda

Iraq Customs gets ready for modernization

28-03-19

Reflecting on the Past, embracing the Future

WCO and Switzerland’s State Secretariat for Economic Affairs (SECO) cele-brate their new Partnership

Operation PRAESIDIO boosts global efforts to combat the illegal wildlife trade

OTHER INTERNATIONAL MATTERS

CITES Notification to Parties

The Convention on International Trade in Endangered Species of Wild Fauna

and Flora (CITES) has issued the following notifications to the parties:

Date Notification № and Title

15-03-19 2019/018 - Proposals to Amend Appendices I and II – Provisional assessments by the Secretariat

19-03-19 2019/019 - Eighteenth Meeting of the Conference of the Parties – Opening of the meeting

25-03-19 2019/020 - Peru – First Americas Regional Conference on the Illegal Trade in Wildlife

FAS GAIN Reports

Below is a partial list of Global Agriculture Information Network (GAIN) reports

that were recently issued by the US Foreign Agriculture Service (FAS) in the

Food and Agricultural Import Regulations and Standards (FAIRS) and Exporter

Guide series as well as other reports related to import or export requirements.

http://www.wcoomd.org/en/media/newsroom/2019/march/conference-of-directors-general-of-customs-of-the-west-and-central-africa-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/conference-of-directors-general-of-customs-of-the-west-and-central-africa-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-organized-a-successful-regional-workshop.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-organized-a-successful-regional-workshop.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/jamaica-becomes-the-second-country-in-the-americas-and-caribbean-region-to-implement-the-ncen.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/jamaica-becomes-the-second-country-in-the-americas-and-caribbean-region-to-implement-the-ncen.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/enforcement-committee-discusses-smart-borders-and-customs-control.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/enforcement-committee-discusses-smart-borders-and-customs-control.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-and-ippc-agree-on-a-joint-cooperation-work-plan.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-supports-gambia-revenue-authority-and-stakeholders-in-the-preparation-of-the-trs.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-supports-gambia-revenue-authority-and-stakeholders-in-the-preparation-of-the-trs.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-attends-development-partners-meeting-for-the-americas-and-caribbean-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-attends-development-partners-meeting-for-the-americas-and-caribbean-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/enhanced-cooperation-with-italy.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/asia-pacific-training-managers-gathered-to-discuss-further-cooperation-in-the-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/asia-pacific-training-managers-gathered-to-discuss-further-cooperation-in-the-region.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/first-steps-for-the-a-cip-programme-for-customs-in-sierra-leone.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/first-steps-for-the-a-cip-programme-for-customs-in-sierra-leone.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-supports-azerbaijan-customs-to-build-capacity-in-x-ray-image-analysis.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-further-enhances-its-capabilities-to-provide-cb-support-in-the-area-of-transit.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/the-wco-further-enhances-its-capabilities-to-provide-cb-support-in-the-area-of-transit.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/development-of-customs-risk-management-framework-in-tanzania.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/development-of-customs-risk-management-framework-in-tanzania.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-successfully-assesses-the-malawi-revenue-authoritys-people-development-foundations.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-successfully-assesses-the-malawi-revenue-authoritys-people-development-foundations.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-supports-tonga-to-strengthen-its-trs-capacities.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/successful-completion-of-the-second-step-towards-development.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/successful-completion-of-the-second-step-towards-development.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-continues-to-support-the-bahamas-in-customs-valuation.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-and-oecd-move-ahead-with-their-anti-corruption-agenda.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/iraq-customs-gets-ready-for-modernization.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/reflecting-on-the-past-embracing-the-future.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-and-switzerlands-state-secretariat-for-economic-affairs-seco-celebrate-their-new-partnership.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/wco-and-switzerlands-state-secretariat-for-economic-affairs-seco-celebrate-their-new-partnership.aspx

http://www.wcoomd.org/en/media/newsroom/2019/march/operation-praesidio-boosts-global-efforts-to-combat-the-illegal-wildlife-trade.aspx

http://www.cites.org/eng/notif/index.php

https://www.cites.org/sites/default/files/notif/E-Notif-2019-018.pdf






Baker McKenzie


8461069-v8\WASDMS

5

These provide valuable information on regulatory standards, import require-

ments, export guides, and MRL (maximum residue limits). Information about,

and access to, other GAIN reports may be found at the FAS GAIN reports web-

site.

Member GAIN Report

Bahamas Food and Agricultural Import Regulations and Standards Report_

Bahamas FAIRS Export Certificate Report

Bosnia and Herzegovina

FAIRS Export Certificate Report

Brazil Food and Agricultural Import Regulations and Standards Report

Bulgaria Exporter Guide

Bulgaria FAIRS Export Certificate Report

Bulgaria Food and Agricultural Import Regulations and Standards Report

Burma Food and Agricultural Import Regulations and Standards Report

Burma FAIRS Export Certificate Report_

Cambodia Registration of Animal Feeds Ingredients and Veterinary Drugs

Canada Food and Agricultural Import Regulations and Standards Report

Chile Exporter Guide 2018_

Chile FAIRS Export Certificate Report_

Chile Food and Agricultural Import Regulations and Standards Report

China Food and Agricultural Import Regulations and Standards Report

China FAIRS Export Certificate Report

China China Issued National Food Safety Standard for Vegetable Oil

Costa Rica FAIRS Export Certificate Report

Dom. Rep. Food and Agricultural Import Regulations and Standards Report

Dom. Rep. FAIRS Export Certificate Report

Dom. Rep. Exporter Guide

EAEU Amendments to EAEU Food Safety Regulation Notified to WTO_

EAEU Draft Amendments to EAEU Technical Regulation on Food Additives

Egypt FAIRS Export Certificate Report_

Egypt Food and Agricultural Import Regulations and Standards Report_

El Salvador El Salvador to use Single-Window import mechanism

Ethiopia FAIRS Export Certificate Report

EU EU Adopts New Directive on Unfair Trading Practices

Ghana FAIRS Export Certificate Report

Ghana Food and Agricultural Import Regulations and Standards Report_

Ghana Exporter Guide

Guatemala Exporter Guide

Hong Kong Hong Kong Prohibits Cannabis and THC in Food and Drinks

Hong Kong Hong Kong Lifts Ban on Imports and Sales of Arizona Romaine Lettuce

Hong Kong Original Health Certificate Mandatory for Shipment Release

India Food and Agricultural Import Regulations and Standards Report_

India Import Duty on CPO and RBD Palmolein Reduced Effective January 2019

India Tariff Hike on U.S. Agricultural Products Deferred to April 1

Indonesia Food and Agricultural Import Regulations and Standards Report_

Indonesia Food and Agricultural Import Regulations and Standards Export Certificate Report

Indonesia Indonesia and Australia Sign Major Trade Partnership Agreement

Israel FAIRS Export Certificate Report

Israel Food and Agricultural Import Regulations and Standards Report

Israel Exporter Guide

Italy Food and Agricultural Import Regulations and Standards Report

Jamaica Exporter Guide

Japan Japan Notifies Proposal to Revoke 10 Food Additives

Japan Japan Revises Beef and Pork Safeguards After Japan-EU EPA

Japan Notifies WTO of Revised Quarantine Pests in Japan

Jordan FAIRS Export Certificate Report

Jordan Food and Agricultural Import Regulations and Standards Report

http://gain.fas.usda.gov/Recent%20GAIN%20Publications/Forms/Past%20Month.aspx

http://gain.fas.usda.gov/Recent%20GAIN%20Publications/Forms/Past%20Month.aspx

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Miami%20ATO_Caribbean%20Basin_3-26-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Miami%20ATO_Caribbean%20Basin_3-25-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Sarajevo_Bosnia%20and%20Herzegovina_12-21-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Sao%20Paolo%20ATO_Brazil_3-11-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Sofia_Bulgaria_3-15-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Sofia_Bulgaria_2-21-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Sofia_Bulgaria_2-15-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Rangoon_Burma%20%E2%80%93%20Union%20of_12-27-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Rangoon_Burma%20%E2%80%93%20Union%20of_12-19-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Registration%20of%20Animal%20Feeds%20Ingredients%20and%20Veterinary%20Drugs_Ho%20Chi%20Minh%20City_Cambodia_3-1-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Ottawa_Canada_3-7-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide%202018_Santiago_Chile_3-15-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Santiago_Chile_3-8-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Santiago_Chile_3-11-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Beijing_China%20-%20Peoples%20Republic%20of_2-25-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Beijing_China%20-%20Peoples%20Republic%20of_2-26-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/China%20Issued%20National%20Food%20Safety%20Standard%20for%20Vegetable%20Oil_Beijing_China%20-%20Peoples%20Republic%20of_2-20-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_San%20Jose_Costa%20Rica_3-21-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Santo%20Domingo_Dominican%20Republic_3-13-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Santo%20Domingo_Dominican%20Republic_3-14-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Santo%20Domingo_Dominican%20Republic_2-13-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Amendments%20to%20EAEU%20Food%20Safety%20Regulation%20Notified%20to%20WTO_Moscow_Russian%20Federation_3-25-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Draft%20Amendments%20to%20EAEU%20Technical%20Regulation%20on%20Food%20Additives_Moscow_Russian%20Federation_2-19-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Cairo_Egypt_12-19-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Cairo_Egypt_12-20-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/El%20Salvador%20to%20use%20Single-Window%20import%20mechanism%20_San%20Salvador_El%20Salvador_2-27-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Addis%20Ababa_Ethiopia_3-22-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/EU%20Adopts%20New%20Directive%20on%20Unfair%20Trading%20Practices%20_Brussels%20USEU_EU-28_3-18-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Accra_Ghana_2-28-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Accra_Ghana_2-27-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Accra_Ghana_2-28-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Guatemala%20City_Guatemala_2-11-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Hong%20Kong%20Prohibits%20Cannabis%20and%20THC%20in%20Food%20and%20Drinks_Hong%20Kong_Hong%20Kong_3-20-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Hong%20Kong%20Lifts%20Ban%20on%20Imports%20and%20Sales%20of%20Arizona%20Romaine%20Lettuce_Hong%20Kong_Hong%20Kong_3-6-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Original%20Health%20Certificate%20Mandatory%20for%20Shipment%20Release_Hong%20Kong_Hong%20Kong_2-28-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_New%20Delhi_India_3-5-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Import%20Duty%20on%20CPO%20and%20RBD%20Palmolein%20Reduced%20Effective%20January%202019_New%20Delhi_India_3-8-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Tariff%20Hike%20on%20U.S.%20Agricultural%20Products%20Deferred%20to%20April%201_New%20Delhi_India_2-27-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Jakarta_Indonesia_3-18-2019.pdf



https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Indonesia%20and%20Australia%20Sign%20Major%20Trade%20Partnership%20Agreement%20_Jakarta_Indonesia_3-8-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Tel%20Aviv_Israel_12-18-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Tel%20Aviv_Israel_12-17-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Tel%20Aviv_Israel_12-14-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Rome_Italy_2-6-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Jamaica%20%E2%80%93%20Exporter%20Guide%202018_Kingston_Jamaica_2-7-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Japan%20Notifies%20Proposal%20to%20Revoke%2010%20Food%20Additives_Tokyo_Japan_3-15-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Japan%20Revises%20Beef%20and%20Pork%20Safeguards%20After%20Japan-EU%20EPA_Tokyo_Japan_3-8-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Notifies%20WTO%20of%20Revised%20Quarantine%20Pests%20in%20Japan_Tokyo_Japan_3-6-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Amman_Jordan_12-17-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Amman_Jordan_12-16-2018.pdf

Baker McKenzie


8461069-v8\WASDMS

6

Member GAIN Report

Kazakhstan Food and Agricultural Import Regulations and Standards Report

Kazakhstan FAIRS Export Certificate Report

Korea, S. Food and Agricultural Import Regulations and Standards Report

Lithuania Food and Agricultural Import Regulations and Standards Report

Morocco Morocco Halal Label - Certification for the Right of Use

Morocco Food Labeling - Production Dates No Longer Required

Morocco FAIRS Export Certificate Report

Netherlands Food and Agricultural Import Regulations and Standards Report

Nicaragua FAIRS Export Certificate Report

Nicaragua Exporter Guide

Pakistan Food and Agricultural Import Regulations and Standards Report_

Pakistan Pakistan’s New Labeling Requirements

Peru FAIRS Export Certificate Report_

Peru Exporter Guide

Poland FAIRS Export Certificate Report

Poland Food and Agricultural Import Regulations and Standards Report

Poland Exporter Guide

Romania FAIRS Export Certificate Report_

Russia Draft Amendments to Veterinary Requirements Notified to WTO

Russia Russia to Adopt New Law on Organics

Senegal Exporter Guide_

Senegal Food and Agricultural Import Regulations and Standards Report

Senegal Food and Agricultural Import Regulations and Standards Report_

Senegal FAIRS Export Certificate Report

Serbia Food and Agricultural Import Regulations and Standards Report

Serbia FAIRS Export Certificate Report

South Africa ITAC Considers a Sharp Increase in the Customs Duty on Chicken Meat

South Africa Importers Express Concern over the Amended Poultry TRQ Guidelines

South Africa FMD Outbreak Leads to Bans on Imports of Red Meat from South Africa

South Africa FAIRS Export Certificate Report_

Taiwan FAIRS Export Certificate Report_

Taiwan Food and Agricultural Import Regulations and Standards Report

Thailand FAIRS Export Certificate Report_

Tunisia Law on External Trade

Tunisia Order on Food Labeling and Presentation of Prepackaged Foods

Tunisia Cancelled Standards on Testing and Product Specifications

Tunisia Order on Pesticide MRLs_

Tunisia List of Products Not Allowed to be Freely Traded

Ukraine Exporter Guide_

THE AMERICAS - CENTRAL AMERICA

EL SALVADOR

El Salvador to use Single-Window import mechanism

According to a February 27, 2019 GAIN Report, issued by the US Foreign Agri-

cultural Service (FAS), the El Salvadoran Central Bank (BCR) announced that

the permit system to import food and beverage products would now be exclu-

sively online.

Working with the Millennium Challenge Corporation’s Fomilenio II program, the

BCR announced that import permit requests for food and beverage products

would have to be requested online. This service will be available to all food and

beverage importers through the BCR’s Single-Window for Foreign Trade (Venta-

nilla Unica de Comercio Exterior or VUCE). According to BCR staff, the imple-

mentation of this new virtual procedure will reduce the request time from the 27

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Astana_Kazakhstan%20-%20Republic%20of_2-19-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Astana_Kazakhstan%20-%20Republic%20of_12-21-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Seoul_Korea%20-%20Republic%20of_3-22-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Warsaw_Lithuania_2-25-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Morocco%20Halal%20Label%20-%20Certification%20for%20the%20Right%20of%20Use_Rabat_Morocco_3-13-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20Labeling%20-%20Production%20Dates%20No%20Longer%20Required_Rabat_Morocco_3-13-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Rabat_Morocco_12-28-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_The%20Hague_Netherlands_3-21-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Managua_Nicaragua_2-20-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Managua_Nicaragua_2-20-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Islamabad_Pakistan_3-21-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Pakistan%E2%80%99s%20New%20Labeling%20Requirements_Islamabad_Pakistan_3-7-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Lima_Peru_12-17-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Lima_Peru_12-21-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Warsaw_Poland_3-19-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Warsaw_Poland_3-13-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Warsaw_Poland_12-19-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Bucharest_Romania_2-26-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Draft%20Amendments%20to%20Veterinary%20Requirements%20Notified%20to%20WTO_Moscow_Russian%20Federation_3-11-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Russia%20to%20Adopt%20New%20Law%20on%20Organics%20_Moscow%20ATO_Russian%20Federation_3-1-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Dakar_Senegal_3-13-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Dakar_Senegal_3-5-2019.pdf



https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Belgrade_Serbia_2-20-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Belgrade_Serbia_12-19-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/ITAC%20Considers%20a%20Sharp%20Increase%20in%20the%20Customs%20Duty%20on%20Chicken%20Meat%20_Pretoria_South%20Africa%20-%20Republic%20of_3-12-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Importers%20Express%20Concern%20over%20the%20Amended%20Poultry%20TRQ%20Guidelines%20_Pretoria_South%20Africa%20-%20Republic%20of_3-12-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/FMD%20Outbreak%20Leads%20to%20Bans%20on%20Imports%20of%20Red%20Meat%20from%20South%20Africa_Pretoria_South%20Africa%20-%20Republic%20of_3-12-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Pretoria_South%20Africa%20-%20Republic%20of_3-7-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Taipei_Taiwan_12-19-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Taipei_Taiwan_12-20-2018.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Food%20and%20Agricultural%20Import%20Regulations%20and%20Standards%20Report_Bangkok_Thailand_2-6-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Law%20on%20External%20Trade_Tunis_Tunisia_3-15-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Order%20on%20Food%20Labeling%20and%20Presentation%20of%20Prepackaged%20Foods_Tunis_Tunisia_3-14-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Cancelled%20Standards%20on%20Testing%20and%20Product%20Specifications_Tunis_Tunisia_3-14-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Order%20on%20Pesticide%20MRLs_Tunis_Tunisia_3-14-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/List%20of%20Products%20Not%20Allowed%20to%20be%20Freely%20Traded_Tunis_Tunisia_3-1-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/Exporter%20Guide_Kiev_Ukraine_2-5-2019.pdf

https://gain.fas.usda.gov/Recent%20GAIN%20Publications/El%20Salvador%20to%20use%20Single-Window%20import%20mechanism%20_San%20Salvador_El%20Salvador_2-27-2019.pdf

Baker McKenzie


8461069-v8\WASDMS

7

days averaged in 2011 to approximately 1 minute in 2019. This in turn is ex-

pected to save importers approximately $2.9 million annually in operation costs.

FAS said that it will continue to monitor the implementation of this new import

procedure that is expected to significantly reduce both time and cost when re-

questing permits.

THE AMERICAS - NORTH AMERICA

CANADA

Canada expands its sanctions against Russia for continued involve-ment in the Ukraine Conflict

On March 14, 2019, Canada announced a new round of targeted sanctions

against Russia for its continued involvement in Ukraine, adding 114 individuals

and 15 entities to its Russia and Ukraine sanctions regulations.

Canada has cited Russia’s involvement and escalation in the Kerch Strait – an

important transit point for ships en route to major Ukrainian export terminals – as

a reason for the new sanctions.

The new individuals and entities are added to “Schedule 1” of the Special Eco-

nomic Measures (Russia) Regulations and the “Schedule” to the Special Eco-

nomic Measures (Ukraine) Regulations, which makes them “designated persons”

subject to the strictest prohibitions under Canadian sanctions law. The sanctions

impose asset freezes and dealings prohibitions on designated persons, whereby

Canadian individuals and corporations are broadly prohibited from engaging in

substantially all trading activities or transactions related to a designated person

or property held by a designated person. More specifically, it is prohibited for any

person in Canada and any Canadian outside Canada to:

(a) deal in any property, wherever situated, held by or on behalf of a designated per-son;

(b) enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in paragraph (a);

(c) provide any financial or other related service in respect of a dealing referred to in paragraph (a);

(d) make any goods, wherever situated, available to a designated person; or

(e) provide any financial or related service to or for the benefit of a designated per-son.

Canadian persons, in or outside of Canada, that conduct business with Russia

should review this expanded list and ensure they are not engaging in any prohib-

ited activities under Canada’s sanctions regulations. The lists of newly sanc-

tioned individuals and entities are available in the Regulations Amending the

Special Economic Measures (Russia) Regulations and Regulations Amending

the Special Economic Measures (Ukraine) Regulations.

If you have any questions, please contact the authors, Paul D. Burns, Brian

Cacic, Quentin Vander Schueren.

https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/russia_regulations-reglement_russie.aspx?lang=eng

https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/russia_regulations-reglement_russie.aspx?lang=eng

https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/ukraine_regulations-reglement3.aspx?lang=eng

https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/ukraine_regulations-reglement3.aspx?lang=eng





Baker McKenzie


8461069-v8\WASDMS

8

CFIA changes import requirements for Koi carp from the US

On March 22, 2019, the Canadian Food Inspection Agency (CFIA) issued a No-

tice to industry that stated that beginning April 15, 2019, all imports of live Koi

carp (Cyprinus carpio koi) from the US for aquarium and outdoor holding unit end

uses will require:

a valid Canadian Food Inspection Agency (CFIA) import permit

a USDA-APHIS export certificate titled Aquatic Animal Health Export Certificate for the Export of Live Koi Carp for Aquarium and Outdoor Holding Unit from the United States to Canada

Koi carp can no longer be included on the same import permit as other aquatic orna-mental species and will require a separate permit. Imports of all other susceptible or-namental or aquarium species (Susceptible species of aquatic animals) will continue to require a separate import permit and an export certificate from the US titled Aquatic Animal Health Export Certificate for the Export of Live Ornamental Aquatic Animals Intended for Aquarium Private, Aquarium Commercial, Outdoor Holding Unit Private, and/or Outdoor Holding Unit Commercial Use in Closed Premises in Canada – PDF (86 kb).

The CFIA will replace active import permits for (non-Koi) ornamental regulated fish with new permits. The replacement permit will maintain the same validity period as the original. In an effort to facilitate the transition, the CFIA will allow importers a one-week grace period. However, as of April 23, 2019, all previous permits for ornamental finfish will be cancelled and new permits will be required.

Those who continue to import live Koi carp for aquarium or outdoor holding unit end uses must apply for a separate permit. Live Koi carp importers will need to:

complete and sign the 5670 application form

send the completed form by email to [email protected] or by fax to 289-247-4068

advise US exporters of the new requirements

For questions regarding the application process, please contact the Centre of Admin-istration by email at [email protected] or by telephone at 1-855-212-7695.

Also, starting April 15, 2019, import documentation for live Koi carp imported from the US for aquarium or outdoor holding unit end uses must be reviewed by the National Import Service Centre (NISC). Prior to arrival at the first port of entry, all relevant doc-umentation must be submitted to the NISC.

Document Procedures for the National Import Service Centre

Importers and brokers with questions about the new import documentation and/or processes should contact their local CFIA Area and District Offices.

CBSA raises administrative penalties on 22 contraventions as of April 1

The Canada Border Services Agency (CBSA) announced in Customs Notice 19-

05 (March 5, 2019) that it will increase Administrative Monetary Penalties (AMPs)

on 22 contraventions related to commercial trade effective April 1, 2019. The

Auditor General of Canada criticized the CBSA’s Administrative Monetary Penal-

ties (AMPs) for being too low to improve compliance with trade programs in his

2017 Audit of Customs Duties. CN 19-05 stated:

2. The increases follow a review of the AMPs regime that the CBSA undertook from November 2017 to July 2018 that included consultations with the following industry

http://inspection.gc.ca/animals/aquatic-animals/notices-to-industry/2019-03-22/eng/1553201185530/1553201433724

http://inspection.gc.ca/animals/aquatic-animals/notices-to-industry/2019-03-22/eng/1553201185530/1553201433724

http://inspection.gc.ca/about-the-cfia/permits-licences-and-approvals/centre-of-administration-for-permissions/eng/1395348583779/1395348638922

http://www.aphis.usda.gov/regulations/vs/iregs/animals/downloads/US-Koi-cert.pdf



http://inspection.gc.ca/animals/aquatic-animals/diseases/susceptible-species/eng/1327162574928/1327162766981

https://www.aphis.usda.gov/regulations/vs/iregs/animals/downloads/ca_zoo_certZ_aquar_com_closed.pdf





http://inspection.gc.ca/about-the-cfia/forms-and-publications/forms-catalogue/form-cfia-acia-5670/eng/1413291957940/1413291959675



http://inspection.gc.ca/food/imports/nisc/document-procedures/eng/1364054563538/1364054606558

http://inspection.gc.ca/animals/aquatic-animals/offices/eng/1300462382369/1365216058692

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn19-05-eng.html

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn19-05-eng.html

Baker McKenzie


8461069-v8\WASDMS

9

stakeholder groups: the Canadian Society of Customs Brokers, the Canadian Federa-tion of Independent Business, the Canadian Association of Importers and Exporters, and the Association of International Customs and Border Agencies. Company repre-sentatives were also consulted through the Border Commercial Consultative Commit-tee. The CBSA indicated through a public report to the House of Commons Public Ac-counts Committee in September 2018 that it would not increase penalties before spring 2019.

3. The following contraventions will have their penalty amounts increased (at all lev-els): C004, C080, C081, C082, C083, C152, C157, C168, C169, C214, C215, C216,

C217, C218, C223, C224, C298, C336, C350, C351, C352 and C353. (Refer to Ta-ble 1 for details.) The contraventions’ guidelines will be updated to reflect the new

penalty amounts.

4. The CBSA is not increasing system generated penalties related to the timing for accounting for imported goods. These penalties are C288 (failure to account for im-ported goods within 5 business days of their release where estimated value is greater than $2,500), and C292 (failure to account for imported goods no later than the 24th day of the month following the month of their release where estimated value does not exceed $2,500). Industry stakeholders identified these AMPs as having potentially disproportionate, unintended impacts on small and medium-sized businesses.

5. To ease the transition to the new penalty structure, the CBSA will reset the penalty level to the first level for the contraventions mentioned above that occur on or after April 1, 2019. This is to avoid unanticipated impacts on industry that could occur by issuing second and third level penalties at higher levels than previously indicated.

6. The maximum Administrative Monetary Penalty of $25,000 remains unchanged.

Contravention Code Penalty Level

Current Penalty Amount

Penalty Amount Effective April 1, 2019

C004, C152, C168, C169, C223, C224

1st $150 $500

2nd $225 $750

3rd and subsequent

$450 $1,500

C080, C081, C082, C083, C350, C351, C352, C353

1st

$150 to a maximum of $5,000 (per is-sue) or $25,000 (per occurrence)

$500 to a maximum of $5,000 (per issue) or

$25,000 (per occurrence)

2nd $225 to a maximum

of $200,000 (per occurrence)

$750 to a maximum of $200,000 (per occurrence)

3rd and subsequent

$450 to a maximum of $400,000 (per

occurrence)

$1,500 to a maximum of $400,000 (per occurrence)

C157, C214, C215, C216, C217, C218, C298

1st $300 $600

2nd $450 $1,200

3rd and subsequent

$900 $2,400

C336 Flat Rate $100 per instance $200 per instance

Miscellaneous regulations and proposals

The following documents of interest to international traders were published in the

Canada Gazette. (The sponsoring ministry, department or agency is also shown.

N=notice, PR=proposed regulation, R=regulation, O=Order)

Publication Date

Title

03-02-19 ENVIRONMENT: Ministerial Condition No. 19770 pursuant to the Canadian Envi-ronmental Protection Act, 1999 (N)

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn19-05-eng.html#t1

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn19-05-eng.html#t1

http://www.canadagazette.gc.ca/

http://www.canadagazette.gc.ca/rp-pr/p1/2019/2019-03-02/pdf/g1-15309.pdf


Baker McKenzie


8461069-v8\WASDMS

10

Publication Date

Title

ENVIRONMENT: Order 2019-66-01-02 Amending the Non-domestic Substances List. pursuant to the Canadian Environmental Protection Act, 1999 (O)

ENVIRONMENT: Order 2019-87-03-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (O)

ENVIRONMENT: Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 (PR)

03-09-19

ENVIRONMENT/HEALTH: Publication of final decision after screening assessment of four carboxylic acids specified on the Domestic Substances List (subsec-tion 77(6) of the Canadian Environmental Protection Act, 1999) (N)

ENVIRONMENT/HEALTH: Publication of final decision after screening assessment of three substances in the Carboxylic Acid Anhydrides Group — phthalic anhy-dride, CAS RN1 85-44-9, maleic anhydride, CAS RN 108-31-6, and trimellitic anhydride, CAS RN 552-30-7 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N)

ENVIRONMENT/HEALTH: Publication of final decision after screening assessment of two arenes — Benzene, (1-methylethyl) [cumene], CAS RN2 1 98-82-8, and Benz[a]anthracene, 7,12-dimethyl- (DMBA), CAS RN 57-97-6 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmen-

tal Protection Act, 1999) (N)

CANADA BORDER SERVICES AGENCY: Proposed Regulations Amending the Duty Free Shop Regulations pursuant to the Customs Act (PR)

ENVIRONMENT: Proposed Off-road Compression-Ignition (Mobile and Station-ary) and Large Spark-Ignition Engine Emission Regulations pursuant to the Canadian Environmental Protection Act, 1999 (PR)

CANADIAN TRANSPORTATION AGENCY: Proposed Accessible Transportation for Persons with Disabilities Regulations pursuant to the Canada Transportation Act (PR) [Part 5 discusses security and border services]

03-12-19

Chap. 23 Comprehensive and Progressive Agreement for Trans-Pacific Part-nership Implementation Act (C-79) [Assented to 25th October, 2018]

Chap. 26 An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) (C-47) [Assented to 13th December, 2018]

Chap. 30 An Act to amend the Customs Act (C-51) [Assented to 13th Decem-ber, 2018]

03-16-19

ENVIRONMENT: Significant New Activity Notice No. 19788 [2-Propenoic acid, 2-methyl-, 3-[1,1-bis[[dimethyl[2-[3,3,3-trimethyl-1,1- bis[(trimethylsilyl)oxy]dis-iloxanyl]ethyl]silyl]oxy]-3,3- dimethyl-3-[2-[3,3,3-trimethyl-1,1-bis[(trimethylsilyl) oxy]- 1-disiloxanyl]ethyl]-1-disiloxanyl]propyl ester, polymer with butyl 2-pro-penoate and methyl 2-methyl-2- propenoate, Chemical Abstracts Service Reg-istry No. 262299-63-8] under section 83 of the Canadian Environmental Pro-tection Act, 1999 (N)

ENVIRONMENT/HEALTH: Publication of results of investigations and recommen-dations for a substance — phosphonic acid, [[(phosphonomethyl) imino]bis[2,1-ethanediylnitrilobis (methylene)]]tetrakis- (DTPMP), CAS RN 15827-60-8 — specified on the Domestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999) (N)

03-20-19 HEALTH: Regulations Amending the Tobacco Reporting Regulations (SOR/2019-64, March 4, 2019) pursuant to the Tobacco and Vaping Products Act (R)

03-23-19 ENVIRONMENT: Order Amending Schedule 1 to the Species at Risk Act (R)

03-30-19

ENVIRONMENT: Ministerial Condition No. 19882 pursuant to Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999 (N) [iron(1+), chloro[dime-thyl 9,9- dihydroxy-3-methyl-2,4-di(2-pyridinyl-κN)-7-[(2-pyridinylκN)methyl]- 3,7-diazabicyclo[3.3.1]nonane-1,5-dicarboxylateκN3, κN7]-, chloride (1:1), Chemical Abstracts Service Registry No. 478945-46-9]

ENVIRONMENT: Notice of waiver of information requirements for substances (subsection 81(9) of the Canadian Environmental Protection Act, 1999) (N)





























http://www.canadagazette.gc.ca/rp-pr/p3/2018/g3-04102.pdf


























Baker McKenzie


8461069-v8\WASDMS

11

Restrictive measures

The following documents imposing restrictive measures on imports or exports

were published in the Canada Gazette or posted on a Government website.

Publication Date

Title

03-15-19*

FOREIGN AFFAIRS: Regulations Amending the Special Economic Measures (Russia) Regulations pursuant to the Special Economic Measures Act [*not yet published in the Canada Gazette] (R)

03-20-19

FOREIGN AFFAIRS: Regulations Amending Certain Regulations Made Under the United Nations Act (SOR/2019-60, March 4, 2019) (R)

FOREIGN AFFAIRS: Regulations Amending Certain Regulations Made Under the Special Economic Measures Act (SOR/2019-61, March 4, 2019)

(R)

FOREIGN AFFAIRS: Regulations Amending the Freezing Assets of Corrupt For-eign Officials (Ukraine) Regulations (SOR/2019/68, March 4, 2019) pursuant to the Freezing Assets of Corrupt Foreign Officials Act (R)

FOREIGN AFFAIRS: Order extending the application of the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations (SOR/2019-69, March 4, 2019) pursuant to the Freezing Assets of Corrupt Foreign Officials Act (R)

CBSA advance rulings

The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling

(Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA

Web site.

No advance rulings were posted by the CBSA this past month.

D-Memoranda and CNs revised or cancelled

The following is a list of Canada Border Services Agency D-Memoranda, Cus- toms Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.)

Date Reference Title

03-05-19 CN 19-05

Changes to Administrative Monetary Penalties Contraventions C004, C080, C081, C082, C083, C152, C157, C168, C169, C214, C215, C216, C217, C218, C223, C224, C298, C336, C350, C351, C352 and C353

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

MEXICO

Temporary importation of sensitive goods and the new requirement to secure compliance with export obligations

The Federal Ministry of Economy (“SE”) is considering the establishment of a re-

quirement for importers to post bonds to secure their obligation to export certain

goods they import temporarily under the IMMEX Program (“IMMEX”). The

amount of the bond would vary depending on the type of goods, but they would

range from USD $ 0.0032 to USD $ 320.5127 per unit of measurement.

http://www.canadagazette.gc.ca/

https://international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/russia_regulations-reglement_russie.aspx?lang=eng














http://www.cbsa.gc.ca/publications/dm-md/d11/d11-11-3-eng.html



http://www.cbsa.gc.ca/import/ar-da/ar-da-eng.html


http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn19-05-eng.html

Baker McKenzie


8461069-v8\WASDMS

12

This link (http://www.cofemersimir.gob.mx/mirs/46984) contains the list of prod-

ucts the SE has identified as subject to the bond requirement, as well as the cor-

responding bond amounts. Note that the bond requirement is only an SE pro-

posal, which is now under review by the National Regulatory Improvement Com-

mission of the Federal Government (“CONAMER”).

Background

In January 2016, during the administration of President Peña Nieto, the IMMEX

Decree was modified to authorize the SE to establish a guarantee system to en-

sure compliance with the obligations inherent to the temporary importation of the

goods listed in Annex II of the IMMEX Decree. These goods (e.g., sugar, to-

bacco, textiles, steel and aluminium) are classified as “sensitive.” Their tempo-

rary importation is already subject to certain special requirements.

Draft Regulations

The SE has published draft regulations establishing greater controls on the tem-

porary importation of sensitive goods under IMMEX. In particular, it focuses on

IMMEX companies that violate their obligations to export such goods. These con-

trols would be established through a temporary import bond, without differentiat-

ing the goods by origin, value or tariff classification.

The SE believes IMMEX companies are evading payment of duties and taxes at

the moment the goods enter Mexico and then failing to export those goods as re-

quired by of the legislation.

The draft regulations would modify the Foreign Trade General Rules issued by

the SE (the “Rules”).

If the proposed regulations are implemented, IMMEX companies that wish to im-

port sensitive goods, will only be able to do so if, prior to the importation, they

have placed a bond that covers the amounts of the securities to be guaranteed.

The bond would have to be issued by a company authorized by the Tax Admin-

istration Service (“SAT”), be revolving, and have a validity of 12 months. In addi-

tion, the IMMEX company would have to comply with the following:

1. Meet the requirements indicated by the SAT through rules;

2. Have an active federal taxpayer registration;

3. Specify in the bond a tax address that has been located by the SAT;

4. Have a positive opinion of tax obligations compliance; and

5. Not be listed as a non-compliant taxpayer.

If the SAT were to determine that the IMMEX company violated its obligation to

export the goods covered by the bond, the bond would be enforced. The SAT

would have to issue rules regarding the bond enforcement procedure.

If the regulations are enacted, they will represent an unprecedented administra-

tive and financial burden on IMMEX companies.

Other Regulation Projects

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVXrpNkGOTuBsV+TsE2miYogAgVxaXR7UK+M16JNg6yu3jYqHUcGlCQ&ch=0bb48f36d8705d5bf72e6675a0aaef31fbc9cf55

Baker McKenzie


8461069-v8\WASDMS

13

As mentioned in our Alert 66 of November 2018, a draft amendment of the Rules

and the IMMEX Decree was published in CONAMER, which provides as follows:

a. Modification of the IMMEX Decree by which, among other important changes, section V is added to article 5 and section II of article 6 is repealed, and tariffs on copper and lead are added to Annex II of the IMMEX Decree (http://www.co-femersimir.gob.mx/portales/resumen/46250).

b. Modification of rule 3.3.1, establishing exception scenarios to the obligation to obtain a bond to import sensitive goods (http://www.cofemersimir.gob.mx/por-tales/resumen/46258).

These proposals intend to establish that IMMEX companies that have VAT /

IEPS certification will no longer be exempt from the currently applicable specific

requirements for the temporary importation of sensitive goods. Therefore, in or-

der to continue temporarily importing sensitive goods under the IMMEX program,

IMMEX companies with VAT/IEPS certification would have to post a bond.

Only IMMEX companies that qualify under one of the following criteria (that

would be established in Rule 3.3.1 of the Rules) would be exempted from the

bond-posting requirement:

I. An IMMEX company that:

1. has an Auto Motor Industry Registration;

2. has an authorization from the Ministry of Communication and Transporta-tion as part of the Aeronautical Industry;

3. is considered a Maquiladora for tax purposes; or

4. has at least 2,000 workers for the past 3 years.

II. Is a direct supplier of a company indicated in point I above. III. Is a direct supplier of a company indicated in point II above. IV. Is a direct supplier of a company indicated in point III above. V. Has at least 700 workers for the past 6 months. VI. Has machinery, equipment or real estate with a value of at least 50 million pe-sos. VII. Is affiliated for the past 3 years with any business chamber, and has at least 250 workers for the last 6 months VIII. Is affiliated for the past 3 years with any association of exporting companies that is authorized by the SAT to provide data pre-validation services, under the terms of Article 16-A of the Customs Law, which has at least 350 affiliated maqui-ladora companies (for tax purposes), and has at least 250 workers for the past 6 months IX. Is listed on a stock exchange and financial market recognized under Article 16-C of the Federal Tax Code

Companies that are part of a corporate group in which one of the entities com-

plies with the above mentioned requirements, will be able to apply the exception,

given that they demonstrate that are indeed part of the same group.

http://bakerxchange.com/collect/click.aspx?u=s54SYG4dfwaqNuuOcR6/0grL1BH2Y/Xo&ch=0bb48f36d8705d5bf72e6675a0aaef31fbc9cf55

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVXrpNkGOTuBsV+TsE2miYoVSdfdEkVHPodMoZ46A0TU5GGrtDeoAO1AVZouPHkRMk=&ch=0bb48f36d8705d5bf72e6675a0aaef31fbc9cf55

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVXrpNkGOTuBsV+TsE2miYoVSdfdEkVHPodMoZ46A0TU5GGrtDeoAO1AVZouPHkRMk=&ch=0bb48f36d8705d5bf72e6675a0aaef31fbc9cf55

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVXrpNkGOTuBsV+TsE2miYoVSdfdEkVHPodMoZ46A0TU5GGrtDeoAO1ijHrvwbpGWw=&ch=0bb48f36d8705d5bf72e6675a0aaef31fbc9cf55

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVXrpNkGOTuBsV+TsE2miYoVSdfdEkVHPodMoZ46A0TU5GGrtDeoAO1ijHrvwbpGWw=&ch=0bb48f36d8705d5bf72e6675a0aaef31fbc9cf55

Baker McKenzie


8461069-v8\WASDMS

14

Uncertainty

There is a clear contradiction in the texts of the Regulation Projects published in

CONAMER. The last publication does not establish any exemptions; that is, all

IMMEX companies would be required to comply with the bond requirement in or-

der to temporarily import sensitive goods.

However, in various forums the SE has mentioned the exemptions that would be

established in Rule 3.3.1 of the Rules. It is noteworthy that it seems easier to

qualify for these exemptions as compared to fulfilling the current requirement that

consists of obtaining the certification referred to in the IMMEX Decree.

What will actually come into force remains uncertain.

How can we help?

Notwithstanding the uncertainty, it is advisable for IMMEX companies to review

their operations and determine if these modifications would affect them.

We are at your service to discuss these proposed regulations, as well as to help

you with the analysis of the implications of these changes on your temporary im-

portation of sensitive goods.

Authors: Manuel Padrón and Silvia López.

CPTTP thresholds published

On March 15, 2019, the Hacienda published in the Diario Oficial the government

procurement thresholds under the Comprehensive and Progressive Trans Pacific

Partnership Agreement (CPTTP).

LOCATION OF DEPENDENCIES AND ENTITIES SUBJECT TO COVERAGE OF THE CHAPTER FOR PURCHASES BY THE PUBLIC SECTOR OF THE

FREE TRADE AGREEMENT

ANNEX NUMBER OF THE

CHAPTER OR TITLE

NAME OF THE TREATY

Section H of Annex 15-A - List of Mexico

Chapter 15 Progressive Transpacific Partnership Agree-ment (CPTPP)

DEPENDENCIES OF THE FEDERAL PUBLIC ADMINISTRATION LISTED IN THE CHAPTER OF PUBLIC SECTOR PURCHASES

TYPE OF CONTRACT

AMOUNT OF THRESHOLD IN NATIONAL CURRENCY OF THE

TREATY

COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PART-

NERSHIP AGREEMENT (CPTPP)

Procurement Contracts, Leases of Movable Property and of Services, Included Public Work

(One Million, Six Hundred Twenty-Five Thousand, One Hundred Eighty and Two

Public Works Contracts (Two Hundred and Eleven Million, Two Hundred and Seventy Three Thousand, Eight Hundred Twenty-Nine Pesos 00/100 MN)



Baker McKenzie


8461069-v8\WASDMS

15

TYPE OF CONTRACT

AMOUNT OF THRESHOLD IN NATIONAL CURRENCY OF THE

TREATY

COMPREHENSIVE AND PROGRESSIVE TRANS-PACIFIC PART-

NERSHIP AGREEMENT (CPTPP)

Procurement Contracts, Leases of Movable Property and of Services, Included Public Work

(Eight Million, One Hundred Twenty-Five Thousand, Eight Hundred Ninety-Two Pesos 00/100 MN)

Public Works Contracts (Two Hundred and Sixty Million, Forty-One Thousand, Four Hundred and Sixty-One Pesos 00/100 MN)

Mexico to test eManifest for bonded facility arrivals by air

On March 6, 2019, Mexico’s Tax Administration (SAT), which oversees the Cus-

toms Service, issued Fact Sheet No. 8 announcing that beginning March 11,

2019, it will test the electronic transmission of air cargo manifests via VUCEM

(single window) for goods entering bonded facilities. The transmission must fol-

low Rule 1.9.10 of the Foreign Trade Rules and include the number of the

bonded facility (Recinto Fiscalizado) according to Appendix 6 of Annex 22 pub-

lished in the Diario Oficial de la Federación (Federal Official Gazette) on Decem-

ber 19, 2017.

Filers of electronic airway bills and manifests via VUCEM must meet requirements by June 30, 2019

On March 6, 2019, Mexico’s Tax Administration (SAT), issued Fact Sheet No. 8

announcing that as of June 30, 2019, transmissions of airway bills and manifests

via the VUCEM (single window) in accordance with Foreign Trade Rules 1.9.10.

and 1.9.17 must meet certain requirements or the companies will be subject to

penalties.

After June 30, in order to ensure that the information transmitted is reliable and

errors are minimized or eliminated, air transportation companies, international

freight agents and courier companies who carry out the electronic transmission of

data to VUCEM, must meet the following requirements:

Have a point of contact available 24x7x365 to solve problems in a timely manner;

Have all the web services developed by the SAT implemented, as well as all the improvements and updates for sending and receiving XML messages;

Have a web service to transmit airway bills and manifests and receive VUCEM acknowledgement;

Have a web service to retrieve answers that were not received; and

In conjunction with their provider, conduct approved testing for volume, security and quality of information as defined by SAT

The companies must also provide SAT with full technical details of their service provider(s), IP and port of origin, procedures for errors in transmissions, etc.

https://www.ventanillaunica.gob.mx/vucem/meses/marzo2019/HI8_NumRFdearriboNF.pdf

https://www.ventanillaunica.gob.mx/vucem/meses/marzo2019/HI8_NumRFdearriboNF.pdf

https://www.ventanillaunica.gob.mx/vucem/meses/marzo2019/HI9_ReqtransmisiondeguiasNF.pdf

https://www.ventanillaunica.gob.mx/vucem/meses/marzo2019/HI9_ReqtransmisiondeguiasNF.pdf

Baker McKenzie


8461069-v8\WASDMS

16

Diario Oficial

The following documents of interest to international traders were published in the

Diario Oficial de la Federacion: Note: With regard to standards, only those which

appear to apply to international trade are listed. (An unofficial English translation

is shown.)

Publication Date

Title

03-01-19

FOREIGN AFFAIRS: Decree Promulgating the Agreement between the Govern-ment of the United Mexican States and the Government of the Republic of Cuba on Cooperation, Mutual Administrative Assistance and Exchange of In-formation on Customs Matters, signed in Los Cabos, Baja California Sur, Mex-ico, on April 20, Two thousand and eighteen.

03-05-19

ECONOMIC COMPETITION COMM.: Notice by which the investigating authority of the Federal Commission of Economic Competition informs of the beginning of the investigation by complaint identified with the file number DE-044-2018 for the possible commission of relative monopolistic practices in the import mar-ket, marketing, transportation, storage, distribution and sale to the public of liq-uefied petroleum gas in national territory, goods and services related to them

03-15-19

HACIENDA: Circular whereby the dependencies and their decentralized admin-istrative bodies are informed, entities of the Parastatal Public Administration, as well as to the General Prosecutor's Office of the Republic, subject to the Free Treaty coverage indicated, the updating of the thresholds according to the chapter of purchases with effect from January 1 to June 30, 2019.

03-22-19 ECONOMY: Acuerdo that modifies the Acuerdo by means of which the quota is announced to import, with the established tariff-quota, fresh, refrigerated and frozen pork meat.

03-25-19 ECONOMY: Decree modifying the Tariff of the Law on General Import and Ex-port Taxes and the Decree establishing various Sectoral Promotion Programs.

03-30-19 HACIENDA: Fifth Resolution of Modifications to the General Rules of Foreign Trade for 2018, and its annexes 1-A, 4, 21, 22 and 27.




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 re-

late to international trade or travel, regulatory reform, national security, law en-

forcement or related activities:

Date Subject

03-05-19

Notice of March 4, 2019 Continuation of the National Emergency With Respect to Ukraine

Notice of March 4, 2019 Continuation of the National Emergency With Respect to Zimbabwe

03-07-19 Notice of March 5, 2019 - Continuation of the National Emergency With Re-spect to Venezuela

http://www.dof.gob.mx/

https://translate.googleusercontent.com/translate_c?depth=1&hl=en&rurl=translate.google.com&sl=es&sp=nmt4&tl=en&u=http://www.dof.gob.mx/nota_detalle.php%3Fcodigo%3D5551607%26fecha%3D01/03/2019&xid=25657,15700023,15700186,15700190,15700248,15700253&usg=ALkJrhizjYHpIJ4mYZsUjqLHmu3L09aY_g





https://translate.google.com/translate?hl=en&sl=es&tl=en&u=http%3A%2F%2Fwww.dof.gob.mx%2Findex.php%3Fyear%3D2019%26month%3D03%26day%3D05






https://translate.google.com/translate?hl=en&sl=es&tl=en&u=http%3A%2F%2Fwww.dof.gob.mx%2Fnota_detalle.php%3Fcodigo%3D5553084%26fecha%3D15%2F03%2F2019





http://www.dof.gob.mx/nota_detalle.php?codigo=5554878&fecha=22/03/2019



https://dof.gob.mx/nota_detalle.php?codigo=5555007&fecha=25/03/2019




https://www.govinfo.gov/content/pkg/FR-2019-03-05/pdf/2019-04120.pdf






Baker McKenzie


8461069-v8\WASDMS

17

Date Subject

03-13-19 Notice of March 12, 2019 - Continuation of the National Emergency With Re-spect to Iran

03-15-19 Presidential Determination [No. 2019-11] Pursuant to Section 303 of the De-fense Production Act of 1950, as amended [AN/SSQ series sonobuoys]

03-18-19 Executive Order 13863 of March 15, 2019 - Taking Additional Steps to Address the National Emergency With Respect to Significant Transnational Criminal Or-ganizations

03-28-19

Proclamation 9852 of March 25, 2019 - Recognizing the Golan Heights as Part of the State of Israel

Notice of March 26, 2019 - Continuation of the National Emergency With Re-spect to Significant Malicious Cyber-Enabled Activities

03-29-19 Executive Order 13865 of March 26, 2019 - Coordinating National Resilience to Electromagnetic Pulses

US and Brazilian Presidents commit to new partnership

On March 19, 2019, the US White House released a joint statement by US Presi-

dent Trump and Brazilian President Bolsonaro in which they committed to build-

ing a new partnership between their two countries focused on increasing pros-

perity, enhancing security, and promoting democracy, freedom, and national sov-

ereignty. The main points of this commitment are:

The United States and Brazil stand with the Interim President of Venezuela Juan Guaido, along with the democratically elected National Assembly, and the Vene-zuelan people, as they work to peacefully restore constitutional order to Vene-zuela.

To deepen their partnership through the United States-Brazil Security Forum to combat terrorism, narcotics and arms trafficking, cybercrimes, and money laun-dering, and they welcomed two new arrangements to enhance border security.

Brazil intends to exempt United States citizens from tourist visa requirements.

An agreement to take the steps necessary to enable Brazil to participate in

Homeland Security’s Trusted Traveler Global Entry Program. The Presidents instructed their teams to negotiate a Mutual Recognition Agreement con-cerning their Trusted Trader programs, which will reduce costs for Ameri-can and Brazilian companies.

United States’ intent to designate Brazil as a Major Non-NATO Ally.

A Technology Safeguards Agreement, which will enable United States compa-nies to conduct commercial space launches from Brazil, as well as an agreement between the NASA and the Brazilian Space Agency to launch a jointly developed satellite in the near future.

Agreement to build a Prosperity Partnership to increase jobs and reduce barriers to trade and investment.

The two leaders also made a number of trade-related commitments. Brazil will implement a tariff rate quota, allowing for the annual importation of 750 thousand tons of American wheat at zero rate*. In addition, the United States and Brazil agreed to science-based conditions to allow for the importation of United States pork. In order to allow for the resumption of Brazil’s beef exports, the United States agreed to expeditiously schedule a technical visit by the US Department of Agriculture’s Food Safety and Inspection Service to audit Brazil’s raw beef in-spection system, as soon as it is satisfied with Brazil’s food safety documenta-tion.

Announcement of a new phase of the United States-Brazil CEO Forum; the crea-tion of a $100 million Biodiversity Impact Investment Fund that will catalyze sus-tainable investment in the Amazon region; agreement to establish a United States-Brazil Energy Forum to facilitate energy-related trade and investment.














https://www.whitehouse.gov/briefings-statements/joint-statement-president-donald-j-trump-president-jair-bolsonaro/

Baker McKenzie


8461069-v8\WASDMS

18

Support for Brazil initiating the accession procedure to become a full member of the OECD.

* However, on Mar. 20, 2019, Brazilian Agriculture Minister Tereza Cristina Dias clarified that Brazil-ian President Jair Bolsonaro, in a meeting with Trump, agreed to open its market to 750,000 tons of wheat from global exporters — not just U.S. wheat exporters.

President continues national emergencies with respect to Cyber-Enabled activities, Iran, Venezuela, Ukraine, Zimbabwe

On March 28, 2019, the Federal Register published Presidential Notice

of March 26, 2019 - Continuation of the National Emergency With Re-

spect to Significant Malicious Cyber-Enabled Activities, which extends for

an additional year the national emergency first declared by Executive Or-

der (EO) 13694 (April 1, 2015) to deal with the unusual and extraordinary

threat to the national security, foreign policy, and economy of the United

States constituted by the increasing prevalence and severity of malicious

cyber-enabled activities originating from, or directed by persons located,

in whole or in substantial part, outside the United States. Additional steps

were taken in EO 13757 (December 26, 2016). The national emergency

is being extended because these significant malicious cyber-enabled ac-

tivities continue to pose an unusual and extraordinary threat to the na-

tional security, foreign policy, and economy of the United States.

On March 13, 2019, the Federal Register published Presidential Notice

of March 12, 2019 Continuation of the National Emergency With Respect

to Iran, which extends for an additional year the national emergency first

declared by EO 12957 (March 15, 1995). More comprehensive sanctions

on Iran were imposed in EO 12959 (May 6, 1995). EO 13059 (August 19,

1997) consolidated and clarified those orders. The President took addi-

tional steps pursuant to this national emergency in EO 13553 of Septem-

ber 28, 2010; Executive Order 13574 of May 23, 2011; Executive Order

13590 (November 20, 2011); EO 13599 (February 5, 2012); EO 13606

(April 22, 2012); EO 13608 (May 1, 2012); EO 13622 (July 30, 2012); EO

13628 (October 9, 2012); EO 13645 (June 3, 2013); EO 13716 (January

16, 2016); and EO 13846 (August 6, 2018).

The national emergency is being extended because, as outlined in Na-

tional Security Presidential Memorandum–11 of May 8, 2018 (Ceasing

United States Participation in the Joint Comprehensive Plan of Action

and Taking Additional Action to Counter Iran’s Malign Influence and

Deny Iran All Paths to a Nuclear Weapon), the actions and policies of the

Government of Iran, including its proliferation and development of mis-

siles and other asymmetric and conventional weapons capabilities, its

network and campaign of regional aggression, its support for terrorist

groups, and the malign activities of the Islamic Revolutionary Guard

Corps and its surrogates continue to pose an unusual and extraordinary

threat to the national security, foreign policy, and economy of the United

States.

The emergency declared by Executive Order 12957 constitutes an emer-

gency separate from that declared on November 14, 1979, by Executive

Order 12170, in connection with the hostage crisis. This renewal, there-

fore, is distinct from the emergency renewal of November 2018.







Baker McKenzie


8461069-v8\WASDMS

19

On March 7, 2019, the Federal Register published Presidential Notice of

March 5, 2019 Continuation of the National Emergency With Respect to

Venezuela, which extends for an additional year the national emergency

first declared by EO 13692 (March 8, 2015) based on the Government of

Venezuela's erosion of human rights guarantees; persecution of political

opponents; curtailment of press freedoms; use of violence and human

rights violations and abuses in response to antigovernment protests; and

arbitrary arrest and detention of antigovernment protestors, as well as

the exacerbating presence of significant government corruption. Addi-

tional steps were taken in EO 13808 (August 24, 2017), EO 13827

(March 19, 2018), EO 13835 (May 21, 2018), EO 13850 (November 1,

2018), and EO 13857 (January 25, 2019). The national emergency is

being extended because the circumstances described in EO 13692, and

subsequent EOs issued with respect to Venezuela, have not improved

and they continue to pose an unusual and extraordinary threat to the na-

tional security and foreign policy of the United States.



Ukraine which extends for an additional year the national emergency first

declared by EO 13660 (March 6, 2014) and expanded by EO 13661

(March 16, 2014) and EO 13662 (March 20, 2014). Additional steps were

taken in EO 13685 (December 19, 2014) and EO 13849 (September 20,

2018). The national emergency is being extended because the actions

and policies addressed in these Executive Orders continue to pose an

unusual and extraordinary threat to the national security and foreign pol-

icy of the United States.



Zimbabwe which extends for an additional year the national emergency

first declared by EO 13288 (March 6, 2003). Additional steps were taken

in EO 13391 (November 22, 2005) and EO 13469 (July 25, 2008). The

national emergency is being extended because the actions and policies

of the persons addressed in these Executive Orders continue to pose an

unusual and extraordinary threat to the national security and foreign pol-

icy of the United States.

CIT upholds constitutionality of Sec. 232 tariffs

On March 25, 2019, the US Court of International Trade (CIT) denied Plaintiffs’

motion for summary judgment seeking a declaration that section 232 of the Trade

Expansion Act of 1962 contains an impermissible delegation of legislative author-

ity and granted Defendants’ motion for judgment on the pleadings in American In-

stitute for International Steel, Inc., et al v. United States et al, Court No. 18-

00152, Slip. Op. 19-37 (Ct. Intl Trade, March 25, 2019). Judges Claire R. Kelly

and Jennifer Choe-Groves wrote the opinion upholding the constitutionality of

Sec. 232's delegation to the President, concluding in part that the CIT is bound

by the US Supreme Court’s decision in Energy Admin. v. Algonquin SNG, Inc.,

426 U.S. 548 (1976). Judge Gary S., Katzmann wrote a separate “dubitante”

opinion – an opinion where a judge considers himself or herself to be constrained

or bound by precedent, but wishes to suggest an alternative view.

Update on Sec. 301

Just a quick update on the evolving Section 301 situation.










https://www.cit.uscourts.gov/sites/cit/files/19-37.pdf

https://www.cit.uscourts.gov/sites/cit/files/19-37.pdf

Baker McKenzie


8461069-v8\WASDMS

20

First, negotiations for a deal are continuing (and appear to be making meaningful

progress). U.S. trade officials were in Beijing this week, and Chinese officials will

be coming to Washington, DC next week, to continue the negotiations. By all ac-

counts, progress is being made on the terms of a deal, but certain key issues re-

main unresolved. If progress continues to be made (which, while not guaran-

teed, we expect given both sides’ strong desire for a deal), there will likely be a

summit/signing ceremony sometime late April-June.

One of the things to keep an eye on as the talks progress is whether the deal will

result in either side rolling back the duties already imposed (e.g., the List 1, 2 and

3 duties in the United States). Last week, President Trump said that, even if a

deal is reached, he intended to keep the duties in place “for a substantial period

of time” until he is sure that China is complying with the terms (remember, we do

not always take what he says literally, but we do take it seriously). If the United

States takes this approach, we expect that China will keep its retaliatory duties in

place as well (the U.S. has imposed additional tariffs on $250 billion worth of Chi-

nese-origin goods and China has imposed retaliatory duties on $110 billion worth

of U.S.-origin goods).

Second, the U.S. Trade Representative’s office recently released a second

tranche of product exclusion approvals for List 1 [see next article and link be-

low]. These exclusions include numerous products in Chapter 84, 85 and 90, in-

cluding various types of housings, filters, rotors, valves, engines & motors. There

are also exclusions for certain high tech products (ADP storage units, digital dis-

plays, LED displays), and consumer products (instrument tuners, breast pumps,

salad spinners). Since the approvals are product-specific (not company-spe-

cific), all companies which import merchandise subject to Section 301 duties

should be reviewing the approvals to see if they can benefit. Remember, the ap-

provals are retroactive (e.g., back to July 6, 2018 for List 1 articles).

Third, the U.S. Trade Representative’s office has not created a product exclusion

process for List 3 by March 17th, despite the clear instruction from Congress in

the Explanatory Statement to the Consolidated Appropriations Act, 2019 (H.J.

Res. 31) (see previous post). It appears that the USTR is sticking to its position

that the exclusion process will only be created if the List 3 duty rate goes from

10% to 25%.

Finally, one of the ‘hidden’ (or maybe lingering) costs of the trade way will be the

increased bond costs many importers are bearing as a result of the increased du-

ties. Even if a deal is reached (and even if duties are eventually rolled back), we

do not believe that bond amounts will be lowered very quickly (if at all). As a re-

sult, importers will likely be bearing this additional cost well into the future.

We hope this is helpful. If you have any questions, please let us know. Author:

Ted Murphy.

USTR publishes notice of Sec. 301 product exclusions

On March 25, 2019, the Office of the US Trade Representative (USTR) published

in the Federal Register a notice of product exclusions for submissions made pur-

suant to the July 11, 2019 notice regarding exclusions for products subject to the

25 percent duties on goods of China classified in 818 8-digit subheadings of the

Harmonized Tariff Schedule of the United States (HTSUS), with an approximate

annual trade value of $34 billion.



Baker McKenzie


8461069-v8\WASDMS

21

Based on the evaluation of the factors set out in the July 11 notice, which are

summarized in the notice and in accordance with the advice of the interagency

Section 301 Committee, USTR has determined to grant the product exclusions

set out in the Annex to the notice. USTR’s determination also takes into account

advice from advisory committees and any public comments on the pertinent ex-

clusion requests. As set out in the Annex to this notice, the exclusions are estab-

lished in two different formats: (1) As an exclusion of an existing 10-digit sub-

heading from within an 8-digit subheading covered by the $34 billion action, or

(2) as an exclusion reflected in 30 specially prepared product descriptions. In

particular, the exclusions take the form of three 10-digit HTSUS subheadings

(covering 24 separate requests), and 30 specially prepared product descrip-

tions(covering approximately 63 separate requests).

In accordance with the July 11 notice, the exclusions are available for any prod-

uct that meets the description in the Annex, regardless of whether the importer

filed an exclusion request. Further, the scope of each exclusion is governed by

the scope of the 10-digit headings and product descriptions in the Annex to this

notice, and not by the product descriptions set out in any particular request for

exclusion.

USTR announces annual GSP product and country review


in the Federal Register a notice of statistics availability and announcement of an-

nual GSP review [Docket No. USTR–2019–0001]. USTR will consider petitions to

modify the Generalized System of Preferences (GSP) status of GSP beneficiary

developing countries (BDCs) because of country practices; add products to GSP

eligibility; remove products from GSP eligibility for one or more countries; waive

competitive need limitations (CNLs); deny de minimis waivers for products eligi-

ble for de minimis waivers; and redesignate currently excluded products. This re-

view will include separate hearings on product petitions and country eligibility re-

views, which USTR will announce in the Federal Register at a later date.

The deadline for petitions to modify the GSP status of certain GSP beneficiary

developing countries because of country practices; petitions requesting waivers

of CNLs; petitions on GSP product eligibility additions or removals; petitions to

deny de minimis waivers; petitions to redesignate an excluded product; and peti-

tions for continuation of CNLs that have exceeded certain thresholds is April 18,

2019. USTR will not consider petitions submitted after the April 18, 2019 dead-

line. USTR will announce the petitions accepted for review, along with a schedule

for any related public hearings and the opportunity for the public to provide com-

ments, at a later date.

USTR keeps Section 301, List 3 at 10% for now


in the Federal Register a notice of modification of action (Section 301 investiga-

tion of China’s Acts, Policies, and Practices Related to Technology Transfer, In-

tellectual Property, and Innovation) which states that, in accordance with the di-

rection of the President, USTR has determined to modify the action being taken

in this Section 301 investigation by postponing the date on which the rate of the

additional duties will increase to 25 percent for the products of China covered by

the September 2018 Action in this investigation (List 3). The rate of additional

duty for the products covered by the September 2018 action will remain at 10

percent until further notice.




Baker McKenzie


8461069-v8\WASDMS

22

The United States is engaging with China with the goal of obtaining the elimina-

tion of the acts, policies, and practices covered in the investigation. The leaders

of the United States and China met on December 1, 2018, and agreed to hold

negotiations on a range of issues, including those covered in this Section 301 in-

vestigation.

USTR announces effective date for US-Morocco FTA rules of origin modifications


in the Federal Register a notice that announces the effective date for modifica-

tions to the rules of origin for certain goods of Morocco under the United States-

Morocco Free Trade Agreement (USMFTA) that were modified in December

2018 by Presidential Proclamation 9834. On March 4, 2019, Morocco notified the

United States that it had completed its domestic procedures to give effect to the

agreement to change the USMFTA rules of origin for certain apparel goods of

specified fabrics with respect to goods of the United States. Subsequently, Mo-

rocco and the United States agreed to implement these changes with respect to

each other’s eligible goods, effective April 1, 2019.

US to terminate GSP designation for India and Turkey

On March 4, 2019, the US Trade Representative (USTR) Robert Lighthizer an-

nounced (at the direction of President Trump) that the United States intends to

terminate India’s and Turkey’s designations as beneficiary developing countries

under the Generalized System of Preferences (GSP) program because they no

longer comply with the statutory eligibility criteria. The announcement said:

India’s termination from GSP follows its failure to provide the United States with as-surances that it will provide equitable and reasonable access to its markets in numer-ous sectors. Turkey’s termination from GSP follows a finding that it is sufficiently eco-nomically developed and should no longer benefit from preferential market access to the United States market.

By statute, these changes may not take effect until at least 60 days after the notifica-tions to Congress and the governments of India and Turkey, and will be enacted by a Presidential Proclamation.

***

The United States launched an eligibility review of India’s compliance with the GSP market access criterion in April 2018. India has implemented a wide array of trade barriers that create serious negative effects on United States commerce. Despite in-tensive engagement, India has failed to take the necessary steps to meet the GSP criterion.

The United States designated Turkey as a GSP beneficiary developing country in 1975. An increase in Gross National Income (GNI) per capita, declining poverty rates, and export diversification, by trading partner and by sector, are evidence of Turkey’s higher level of economic development.

ITC proposes to amend rules on submission and consideration of petitions for duty suspensions and reductions

On March 14, 2019, the US International Trade Commission (ITC) published in

the Federal Register proposed amendments [Docket No. MISC-046] to Part 220

of its Rules of Practice and Procedure. Part 220 governs the submission and

consideration of petitions for duty suspensions and reductions under the Ameri-

https://www.whitehouse.gov/briefings-statements/statement-press-secretary-regarding-presidents-working-dinner-china/


https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/march/united-states-will-terminate-gsp

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/march/united-states-will-terminate-gsp


Baker McKenzie


8461069-v8\WASDMS

23

can Manufacturing Competitiveness Act of 2016. The amendments are neces-

sary to clarify certain provisions and address concerns that have arisen in ITC

practice.

To be assured of consideration, written comments must be received by 5:15 p.m.

April 15, 2019.

ITC investigations

The ITC initiated (I), terminated (T), requested information or comments (RFC),

issued a report (R), or scheduled a hearing (H) regarding the following investiga-

tions (other than 337 and antidumping, countervailing duty or safeguards) this

month: (Click on the investigation title to obtain details from the Federal Register

notice or ITC Press Release)

Investigation. No. and title

Inv, 332-345 Recent Trends in U.S. Services Trade, 2019 Annual Report (RFI) [April 1, 2019: Deadline for filing written submissions. September 20, 2019: Antici-pated date for online publication of the report].

Inv. FTA-103-032 U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin (I/RFC)

Commerce initiates Sec. 232 investigation into titanium sponge im-ports

On March 4, 2019, the Department of Commerce announced that Secretary of

Commerce Wilbur Ross accepted the Section 232 petition filed on September 27,

2018, by domestic producer Titanium Metals Corporation (TIMET) and launched

an investigation into whether the quantity or circumstances of titanium sponge

imports into the United States threaten to impair the national security. Secretary

Ross sent a letter to Acting Secretary of Defense Patrick Shanahan informing

him that he has initiated an investigation in response to this petition. The Depart-

ment of Defense supports the initiation of this 232 investigation on titanium

sponge.

Titanium sponge is the primary form of titanium metal from which almost all other tita-nium products are made. Titanium is used in the production of strategic articles such as military aircraft, space vehicles, satellites, naval vessels, missiles, and munitions. It is also widely used in critical infrastructure and commercial applications such as civil-ian aircraft, chemical plants, oil and gas plants, electric power and desalination plants, building structures, automobile products, and bio-medical devices.

Imports account for more than 60 percent of U.S. titanium sponge consumption. Cur-rently only one facility in the United States has the capacity to process titanium ore into the sponge used in manufacturing. Titanium sponge is difficult to stockpile for long periods as it degrades, rendering the sponge unsuitable for the most demanding military and aerospace applications.

On March 8, 2019, the Bureau of Industry and Security (BIS) published in the

Federal Register a notice requesting the submission by interested parties of

comments, data, analyses, or other information pertinent to the investigation by

April 22, 2019. Rebuttal comments will be due by May 22, 2019. Commerce is

particularly interested in comments and information directed to the criteria listed

in 15 C.F.R. § 705.4 of the National Security Industrial Base Regulations

(NSIBR) as they affect national security including the eight issues identified in the

notice. Rebuttal comments may only address issues raised in comments filed on

or before April 22, 2019.




https://www.commerce.gov/news/press-releases/2019/03/us-department-commerce-initiates-section-232-investigation-titanium

https://urldefense.proofpoint.com/v2/url?u=http-3A__links.govdelivery.com-3A80_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwMzA0LjI2MjY0NDEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwMzA0LjI2MjY0NDEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5MDU2OCZlbWFpbGlkPWtjcHVsbGVuQGRvYy5nb3YmdXNlcmlkPWtjcHVsbGVuQGRvYy5nb3YmdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26101-26-26-26https-3A__www.commerce.gov_sites_default_files_2019-2D03_DOD-2520Notification-2520Letter.pdf&d=DwMFAA&c=VhZolPcoIcxBQpA0e5_BL66VJfv8ydsVc5_UWeY_GkQ&r=i79FGzbxQbiTx4nKgJ8a8w&m=kr6q9XJzPKpfN_UzGXb0lF7rZsjL53mUHmpWvsJMNF0&s=tNwjfObYB00DYLwaGV-4UEm9BaytuZ7pEVEIYLL_YQ4&e=


Baker McKenzie


8461069-v8\WASDMS

24

State receives Chilean request for cultural property protection

On March 11, 2019, the Department of State published in the Federal Register a

notice [Public Notice 10699] indicating that the Government of Chile has made a

request to the Government of the United States under Article 9 of the 1970

UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Im-

port, Export and Transfer of Ownership of Cultural Property. State received this

request on February 4, 2019. Chile’s request seeks U.S. import restrictions on ar-

chaeological material representing Chile’s cultural patrimony. Pursuant to the au-

thority vested in the Assistant Secretary of State for Educational and Cultural Af-

fairs, and pursuant to 19 U.S.C. 2602(f)(1), notification of the request is hereby

published. A public summary of Chile’s request and information about U.S. imple-

mentation of the 1970 UNESCO Convention is available at the Cultural Heritage

Center website: https://eca.state.gov/cultural-heritage-center .

CBP, Ireland ink new preclearance agreement

On March 18, 2019, US Customs and Border Protection (CBP) announced that a

new agreement between CBP and Ireland makes it easier to travel between the

US and the Emerald Isle. CBP Executive Assistant Commissioner Todd Owen

and Irish Ambassador Daniel Mulhall signed the accord that expands preclear-

ance in Ireland.

According to CBP, the amended agreement allows for continued expansion of

preclearance services in Dublin and Shannon, Ireland, including extended ser-

vice hours, increased staffing, cost recovery, and improved officer safety. The ex-

pansion directly improves CBP’s strategic plan. It tackles the continually evolving

security threat posed by high-risk air travelers by allowing the agency to work

with foreign law enforcement and commercial carriers while still providing unique

passenger services.

At a preclearance location, CBP officers perform the same immigration, customs,

and agriculture clearances typically done upon arrival in the US before interna-

tional travelers depart from certain foreign airports. After landing in the US, they

save time by avoiding any inspections and just continue to their destinations as if

they arrived on a domestic flight.

Pre-inspection, a forerunner to preclearance, started in Ireland in 1986 and

evolved in 2008 to a preclearance agreement. Two years of negotiations be-

tween the Department of Homeland Security, CBP, the US State Department, the

Irish Department of Transport, Tourism and Sport, and other agencies, led to the

signing of this new agreement in early 2017. CBP has 15 air preclearance loca-

tions in six countries, including Ireland, Aruba, the Bahamas, Bermuda, United

Arab Emirates, and several locations in Canada.

CBP/ICE launch multi-agency Global Trade Task Force

On March 11, 2019, Customs officials in Detroit announced the launching of a

Global Trade Task Force (GTTF), a US Customs and Border Protection and US

Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations

(HSI) multi-agency effort that leverages robust import and export controls and in-

vestigative authorities to combat illicit commercial activities. HSI Detroit Special

Agent in Charge Steve Francis called the task force a vital next step in the battle

against threats to the commerce stream and national security. He said this

new DHS Detroit led task force could serve as a national model for related inves-

tigations across the agency and beyond. The announcement said in part:


https://eca.state.gov/cultural-heritage-center

https://www.cbp.gov/newsroom/spotlights/cbp-ireland-ink-new-preclearance-agreement

https://www.cbp.gov/newsroom/local-media-release/homeland-security-officials-launch-new-detroit-task-force-protect

Baker McKenzie


8461069-v8\WASDMS

25

The new task force combines the investigative, interdiction, regulatory, and licensing capabilities from a variety of agencies, including HSI,CBP, the Drug Enforcement Ad-ministration, the Commerce Department's Bureau of Industry and Security, and the FDA’s Office of Criminal Investigations.

The GTTF's primary mission is to counter the following types of illicit commercial ac-tivities:

Health & Safety: Trafficking of counterfeit, substandard, or tainted merchan-dise, with an emphasis on goods that pose a threat to public health or safety including pharmaceuticals and cosmeceuticals, automotive, aerospace, rail, and heavy industry products; and environmental crimes.

Trade Crime: Financially-motivated fraud schemes that deprive revenue from the United States government or which harm businesses, rights hold-ers, or undermine financial institutions.

Counter-Proliferation: Illegal export of United States military products, sensi-tive dual-use technology, weapons of mass destruction, or chemical, biologi-cal, radiological, and nuclear materials.

To kick off the GTTF, CBP along with HSI and other agencies began a weeklong en-forcement effort at the Detroit Metropolitan Airport and Port Huron Blue Water Bridge Ports of Entry. The action targeted merchandise and shipments entering and exiting the United States from foreign countries at the FedEx, DHL, rail, and the centralized examination station. During the weeklong surge, CBP and HSI seized more than $1,000,0000 MSRP in counterfeit goods and counterfeit prescription drugs, which in-cluded, counterfeit Xanax pills and Botox, counterfeit Transceiver Network Modules, counterfeit e-cigarettes, and counterfeit Rolexes and iPhone, among other items.

CBP extends import restrictions for Archaeological and Ecclesiasti-cal Ethnological Material from Honduras

On March 12, 2019, US Customs and Border Protection (CBP) published in the

Federal Register a final rule [CBP Dec. 19–03] that amends the CBP regulations

to reflect an extension of import restrictions on certain archaeological and eccle-

siastical ethnological material from Honduras. The restrictions, which were origi-

nally imposed by CBP Dec. 04–08 and last extended by CBP Dec. 14–03, were

due to expire March 12, 2019. The Assistant Secretary for Educational and Cul-

tural Affairs, United States Department of State, has made the requisite determi-

nation for extending the import restrictions that previously existed and entering

into a new Memorandum of Understanding (MOU) with Honduras to reflect the

extension of these import restrictions. The new MOU supersedes the existing

agreement that became effective on March 12, 2014. Accordingly, these import

restrictions will remain in effect for an additional five years, and the CBP regula-

tions are being amended to reflect this further extension through March 12, 2024.

CBP Dec. 14–03 contains the amended Designated List of archaeological and

ecclesiastical ethnological material from Honduras to which the restrictions apply.

CBP re-opens comment period for 21st Century Customs Frame-work

On March 12, 2019, US Customs and Border Protection (CBP) published in the

Federal Register a document [Docket No. USCBP–2018–0045] re-opening the

public comment period on the six key themes identified by “The 21st Century

Customs Framework” initiative: (1) Emerging Roles in the Global Supply Chain;

(2) Intelligent Enforcement; (3) Cutting-Edge Technology; (4) Data Access and

Sharing; (5) 21st Century Processes; and (6) Self-Funded Customs Infrastruc-

ture. Brief descriptions of each theme are provided in the March 12 document

along with the request for public comments on questions posed by CBP related

to each theme.



Baker McKenzie


8461069-v8\WASDMS

26

Comments must be received on or before April 11, 2019.

Miscellaneous CBP Federal Register documents

The following documents not discussed above were published by CBP in the

Federal Register. [Note that multiple listings of approved gaugers and laborato-

ries reflects different locations and/or products.]

F.R. Date Subject

03-01-19

Agency Information Collection Activities: Application-Permit-Special License Un-lading-Lading-Overtime Services [OMB Control No. 1651-0005] (N) [CBP Form 3171]

Agency Information Collection Activities: Vessel Entrance or Clearance State-ment [OMB Control No. 1651-0019] (N) [CBP Form 1300]

03-04-19 Accreditation and Approval of SGS North America, Inc. (East Alton, IL), as a Commercial Gauger and Laboratory (N)

03-11-19

Agency Information Collection Activities: Cargo Container and Road Vehicle Certification for Transport Under Customs Seal [OMB Control No. 1651-0124] (N)

Agency Information Collection Activities: User Fees [OMB Control No. 1651-0052] (N) [CBP Forms 339A, 339C and 339V]

03-21-19 Agency Information Collection Activities: Customs-Trade Partnership Against Terrorism (C–TPAT) and the Trusted Trader Program [OMB Control No. 1651-0077] (N)

03-25-19 Agency Information Collection Activities: Certificate of Registration [OMB Con-trol No. 1651-0010] (N) [CBP Forms 4455, 44557]

03-26-19

Accreditation and Approval of NMK Resources, Inc. (Kenner, LA) as a Commer-cial Gauger and Laboratory (N)

Accreditation and Approval of NMK Resources, Inc. (Roselle, NJ) as a Commer-cial Gauger and Laboratory (N)

03-27-19 Agency Information Collection Activities: Country of Origin Marking Require-ments for Containers or Holders [OMB Control No.: 1651-0057] (N) [19 CFR 134.22(b)]

EAPA Notices of Action and Final Determinations

The following Notices of Action and Final Determinations under the Enforce and

Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of

2015) relating to alleged evasion of antidumping or countervailing duties were

posted by CBP:

Date Subject

02-28-19

EAPA Investigation 7270: Newtrend USA Co., Ltd. (Notice of Initiation of Investi-gation and Interim Measures) Glycine (“covered merchandise”) that was AL-LEGEDLY transshipped through Thailand, without declaring the merchandise as subject to Order A-570-836

Revocations or modifications of CBP rulings

See separate section below.

CBP post FAQs on new 5106 form

On March 15, 2019, CSMS # 19-000134 announced that US Customs and Bor-

der Protection (CBP) posted a list of frequently asked questions (FAQs) for the

Create/Update Importer Identity Form (CBP Form 5106). The FAQs answer

questions about paper forms 5106, updating existing filings, who has to file, etc.



















https://www.cbp.gov/document/technical-documentation/eapa-investigation-7270-newtrend-usa-co-ltd

https://urldefense.proofpoint.com/v2/url?u=http-3A__r20.rs6.net_tn.jsp-3Ff-3D001ZXP3u0W3kvGedOomrZQHZpX5PRdKLMn2dvC2-2D0wJBqQ6WD5R3AHpXhKjjxy2TljNGSfOAZafC7qxvDdpSOtK0Hm1sJsPVBxTRWWMkGEm-2DIh-2DaXqIYfNeMQwf49IBH2l1-5F351QItHU4Sr2iPYi3WfDjr7438LP2jaBdz-2Dimco5bwcRKzKo89RfV2j1ygmnWJSfLyuF5FLW3bpIVxIKN-2DGKu0xVr08f6YP1VszItnIEHPEbfmGO9k6iS3-2DfEtQofuy4jCNNdzu7utbdop3cG-2DcTX2RrmH45XPeP-2DI2ein1XVqDaS94uNqTPE3gcQN4rQ31-26c-3DE0VAHA0fqT7BDw67GNET-2D-5FEq6ZUVC3qeSGVCEFYTrZjsgSBh-5FVpZvg-3D-3D-26ch-3DeBVNenS2HwhaSb1o8aI1UGtzpk4AJrnECcaqIW1uYQS3elnH6u7d-5FQ-3D-3D&d=DwMFaQ&c=ptMoEJ5oTofwe4L9tBtGCQ&r=u2vJe6-StexQzFXyPKZJY3oL01zLNAufEpjs1a3RbU4&m=JEVzAhFRHMO45raXRNmeAch1GPJkfWQyKr3WyBFBVdk&s=98M1N_MMAXfoepuDCkq8UjcGUddsesJ0Yu_RPPB9JNI&e=

https://www.cbp.gov/trade/programs-administration/entry-summary/cbp-form-5106/importer-createupdate-identity-5106-faq

Baker McKenzie


8461069-v8\WASDMS

27

CBP issues instructions on submitting imports of second group of exclusions under Section 301

On March 22, 2019, CBP issued CSMS# 19-000155, Submitting Imports of Sec-

ond Group of Products Excluded from Section 301 Duties. The CSMS states:

BACKGROUND:

On March 25, 2019, the U.S. Trade Representative will publish a Federal Register Notice announcing the decision to grant the second group of certain exclusion re-quests from the 25 percent duty assessed under the Section 301 investigation related to goods from China (Tranche 1). The product exclusions announced in this notice will be retroactive as of the July 6, 2018 effective date (see 83 FR 28710). The exclu-sions will extend for one year after the March 25, 2019 Federal Register notice.

The exclusions are available for any product that meets the description in the Annex to the Federal Register notice, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex, and not by the product descrip-tions set out in any particular request for exclusion.

The functionality for the acceptance of the second group of products excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) on March 22, 2019.

INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS:

Instructions on submitting entries to CBP containing products granted exclusions by USTR from the Section 301 measures in the March 25, 2019 Federal Register notice are as follows:

In addition to reporting the regular Chapters 84, 85 & 90 classification of the Harmo-nized Tariff Schedule of the United States (HTSUS) for the imported merchandise, importers shall report the HTSUS classification 9903.88.06 (Articles the product of China, as provided for in U.S. note 20(i) to this subchapter, each covered by an exclu-sion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.

Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.06 is submitted.

ADDITIONAL INFORMATION:

Duty exclusions granted by USTR are retroactive on imports to the initial effective date of July 6, 2018. To request an administrative refund for previous imports of duty-excluded products granted by USTR, importers may file a Post Summary Correction (PSC) following the same entry filing instructions above.

If the entry has already liquidated, importers may protest the liquidation.

Reminder: When submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, please refer to CSMS 18-000657 (Entry Summary Order of Reporting for Multiple HTS in ACE).

Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the FTZ provisions of the Section 301 Federal Register notices, but instead are sub-ject 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] .

https://csms.cbp.gov/viewmssg.asp?Recid=24140&page=&srch_argv=19-000152&srchtype=&btype=&sortby=&sby=



Baker McKenzie


8461069-v8\WASDMS

28

TFTEA causes HTSUS unit of quantity changes

On March 8, 2019, US Customs and Border Protection (CBP) posted the follow-

ing notice and a fact sheet on its website:

To ensure that the Harmonized Tariff Schedule of the United States (HTSUS) is aligned with the Trade Facilitation and Trade Enforcement Act (TFTEA), which was signed into law on February 24, 2016, CBP has worked with the United State[sic] International Trade Commission and the United States Census Bureau to change HTSUS units of quantities (UOQ) that were previously listed as “X” to specific quanti-ties, such as kilograms (“kg”), number (“No.”), etc.

The first HTSUS UOQ update was made on January 1, 2019, and converted all the dutiable ten digit statistical suffixes that previously had a UOQ of “X” to a specific quantity. The next update HTSUS UOQ update is tentatively scheduled to be imple-mented on January 1, 2020, and will convert all the remaining statistical suffixes with a UOQ of “X” to a specific quantity.

For additional information on the HTSUS UOQ changes, please refer to the docu-ment links on the right hand side of this page. Questions about this initiative should be emailed to [email protected].

In addition to the fact sheet, there is a table listing all the HTS unit of quantity

changes as of January 1, 2019 here.

CSMS messages

The following CBP Cargo Systems Messaging Service (CSMS) notices were is-

sued during the period covered by this Update. ACE outages or delays which

have already occurred and problems which have been resolved are not included

below.

Date CSMS# Title

03-01-19

19-000097 Scheduled Retirement of AM and ESM Reports and Universes

19-000098 Scheduled Retirement of AM and ESM Reports and Universes

19-000100 Enforcement dates for In-bond and ISF-5 to be determined at later date

19-000101 Importer Account UI (CBP Form 5106) Demo Webinar, March 7, 2019 2:00 PM ET

19-000102 Updated ACE Development and Deployment Schedule posted to CBP.gov/ACE

19-000103 Correction to CSMS 19-000100 Enforcement dates for In-bond to be determined at later date

03-06-19

19-000104 Brief Delay In Processing SE Messages

19-000105 CBP continues to investigate ACE Cargo Release issue from this morning

19-000106 Cargo Rlease Issues Resolved

03-07-19

19-000108 Harmonized System Update (HSU) created on March 6, 2019

19-000109 A/P Delay for Drawback Claims Returned to Trade Control on December 17, 2018

03-08-19

19-000110 Updated ACE Reports Information Notice

19-000111 Updated 5106 CATAIR and Appendix C

19-000113 PGA correction transaction (CA/CC) has poorly formatted ACE Cargo Release (SO) generated

19-000114 New unit of quantity given on dutiable statistical suffixes on Janu-ary 1, 2019

19-000115 Resolved: PGA correction (CA/CC) has poorly formatted ACE Cargo Release (SO) generated

03-11-19

19-000116 FDA Downtime 3/16/19 11 PM Eastern through 3/17/19 5 AM Eastern

19-000117 CBP webinar on Enforcement of Importer Security Filing-5 (ISF-5) Fri, Mar. 15 2 - 3 PM ET

https://www.cbp.gov/document/fact-sheets/tftea-harmonized-tariff-schedule-unit-quantity-change

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/TFTEA%20HTSUS%20UOQ%20Change%20Fact%20Sheet.pdf

https://www.usitc.gov/tata/hts/index.htm

https://edit.cbp.gov/trade/trade-enforcement/tftea


https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/New%20HTSUS%20UOQ%20List%20%28Dutiable%29.pdf








https://csms.cbp.gov/viewmssg.asp?Recid=24090&page=&srch_argv=19-000105&srchtype=all&btype=&sortby=&sby=











Baker McKenzie


8461069-v8\WASDMS

29

Date CSMS# Title

19-000118 Reminder: ACE Deployment on March 16, 2019

03-12-19 19-000119 New Time: March 14, 2019 ACE Bi-Weekly Trade Call

03-13-19

19-000120 CERT Deployment for ACE 5106

19-000121 Initiation of AD Investigations: Acetone from Multiple Countries

19-000123 ACE CERTIFICATION CEE ID deployment, Thursday Mar 14, 2019 @ 0600 ET

19-000124 Denver Port Closed Wednesday, March 13, 2019

03-14-19

19-000125 FDA End-dating a CDRH Product Code and Adding New CDER Product Codes

19-000126 ACE Reports Webinar for Trade ACE Account Holders - March 21, 2019 11:00 AM - 12:30 PM ET

19-000127 Reminder: ACE Deployment on March 16, 2019 - Resources & New Training Now Available

03-15-19

19-000128 Initiation of AD/CVD Duty Investigation:

19-000129 Reminder: FDA Downtime 3/16/19 11 PM Eastern through 3/17/19 5 AM Eastern

19-000130 Upcoming Deployment of Enhanced PGA Message Set Universe

19-000131 Upcoming Deployment of New Standard Reports for Importer and Broker ACE Account Holders

19-000132 FDA New and End-Dated CVM Class Codes and Product Codes

19-000134 Create/Update Importer Identity Form (CBP Form 5106) Fre-quently Asked Questions

03-18-19 19-000135

Document Image System (DIS) File Name and Document Label Guidance for CBMA

19-000136 Delayed Importer/Bond Query (KI/KR) Response Times

03-19-19

19-000138 Resolved: Delayed Importer/Bond Query (KI/KR) Response Times

19-000139 Information about NMFS SIM program updates

19-000140 ACE Deployment Support Call on March 20, 2019 Cancelled

19-000141 FDA ITACS Planned Maintenance Saturday, 3/23/19 1 AM - 6 AM ET

03-21-19

19-000143 ACE PRODUCTION and CERT Drawback & Recon Deploys, Thur 3/21/2019 @0500ET

19-000144 Port of St. Louis Phone System Down

19-000145 Draft of Cargo Release CATAIR with new Entry Type 86 (Section 321)

19-000146 Common Create/Update Importer Identity Form (CBP Form 5106) ACE Error Message Solutions

19-000147 Resolved: Port of St. Louis Phone System Down

03-22-19

19-000148 Correction - DIS File Name and Document Label Guidance for CBMA

19-000149 Update: Common Create/Update Importer Identity Form (CBPForm 5106) Error Message Solution

19-000150 Update to FDA ITACS Planned Maintenance Saturday, 3/23/19 1am – 9am ET

19-000151 Date Correction: ACE PRODUCTION Drawback & Recon De-ployments, Saturday March 23 @2200

19-000152 CBP investigating Entry Summary rejects with message TRFF ADJSTMNT HTS NOT ALLOWED

19-000153 Update to FDA ITACS Planned Maintenance Saturday, 3/23/19 Cancelled

19-000155 Submitting Imports of Second Group of Products Excluded from Section 301 Duties

19-000156 Upcoming Section 321 Deployment for ACE Truck Manifest March 30th

03-25-19

19-000157 FTZ reject 107 BILL OF LADING NOT ON FILE

19-000158 New FDA CFSAN Product Code

19-000159 Resolved - FTZ reject 107 Bill of Lading Not on File

















https://csms.cbp.gov/viewmssg.asp?Recid=24121&page=&srch_argv=%2219-000136%22&srchtype=Seq_Msg_Num&btype=&sortby=&sby=





















Baker McKenzie


8461069-v8\WASDMS

30

Date CSMS# Title

03-26-19

19-000160 Harmonized System Update (HSU) 1904 created on March 25, 2019

19-000161 Resolved - Entry Summary Rejects

19-000162 Trade Policy Update: A/P Delay for Drawback Claims Returned to Trade Control

03-27-19 19-000163 Mandatory Change for ALL Trade EZVPN Users

19-000165 Update: Mandatory Change for ALL Trade EZVPN Users

03-28-19 19-000166 Initiation of ADCVD Investigations: Wooden Cabinets & Vanities from the PRC

03-29-19

19-000167 ACE Reports Webinar for the Trade Available on CBP.gov

19-000168 Reminder: Section 321 Deployment for ACE Truck Manifest this weekend

Foreign-Trade Zones

The following documents were published in the Federal Register by the Foreign-

Trade Zones Board:

F.R. Date Document

03-01-19 Proposed Foreign-Trade Zone— Jefferson County, Colorado; Under Alterna-tive Site Framework [B–09–2019]

03-05-19

Foreign-Trade Zone 279—Terrebonne Parish, Louisiana; Application for Ex-pansion of Subzone 279A; ThomaSea Marine Constructors, L.L.C., Houma and Lockport, Louisiana [S–29–2019]

Approval of Subzone Status; Gulf Coast Growth Ventures LLC, San Patricio County, Texas [Order No. 2079]

03-07-19 Foreign-Trade Zone 123 – Denver, Colorado; Notification of Proposed Produc-tion Activity; Lexmark International, Inc. (Organic Photoconductor Drums); Longmont, Colorado [B-12-2019]

03-11-19 Foreign-Trade Zone 41— Milwaukee, Wisconsin; Authorization of Production Activity; Jeneil Biotech, Inc. (Natural Fragrance Intermediates), Saukville, Wis-consin [B–73–2019]

03-13-19

Foreign-Trade Zone 123—Denver, Colorado Application for Subzone, Lexmark International, Inc., Longmont, Colorado [S–35–2019]

Foreign-Trade Zone 158— Jackson, Mississippi; Notification of Proposed Pro-duction Activity; Calsonic Kansei North America (Automotive Parts), Canton, Mississippi [B–011–2019]

Foreign-Trade Zone 78— Nashville, Tennessee; Notification of Proposed Pro-duction Activity; Calsonic Kansei North America (Automotive Parts), Shelbyville and Lewisburg, Tennessee [B–010–2019]

03-15-19

Approval of Subzone Status adidas America, Inc. Wilkes-Barre, Pennsylvania [S-218-2018]

Foreign-Trade Zone 12-McAllen, Texas; Notification of Proposed Production Activity; Universal Metal Products, Inc.; (Formed and Converted Metal for Com-mercial and Industrial Use); Pharr, Texas [B–08–2019]

03-19-19

Approval of Subzone Status, Puerto Rico Steel Products Corporation, Coto Laurel, Puerto Rico [S-222-2018]

Foreign-Trade Zone 70—Detroit, Michigan; Notification of Proposed Production Activity; Detroit Bikes LLC (Electric and Non-Electric Cycles), Detroit, Michigan [B–13–2019]

Foreign-Trade Zone (FTZ) 124-Gramercy, Louisiana; Notification of Proposed Production Activity; Offshore Energy Services, Inc. (Casing Pipe With Connect-ors), Broussard, Louisiana [B–14–2019]

03-19-19 Reorganization of Foreign-Trade Zone 64 (Expansion of Service Area) under Alternative Site Framework, Jacksonville, Florida [Order No. 2080]

03-22-19 Foreign-Trade Zone 294-Western Kentucky; Authorization of Production Activ-ity; Mayfield Consumer Products; (Candles); Mayfield and Hickory, Kentucky [B–62–2018]






https://csms.cbp.gov/csms.asp?srch_argv=19-000166&srchtype=all&opt=1







































Baker McKenzie


8461069-v8\WASDMS

31

F.R. Date Document

03-25-19 Foreign-Trade Zone 163—Ponce, Puerto Rico; Notification of Proposed Pro-duction Activity; Puerto Rico Steel Products Corporation (Construction and Fencing Products), Coto Laurel, Puerto Rico [B-15-2019]

03-26-19

Foreign-Trade Zone 119— Minneapolis-St. Paul, Minnesota; Authorization of Production Activity; AGCO Corporation; Subzone 119M; (Agricultural Equip-ment and Related Subassemblies and Components); Jackson and Round Lake, Minnesota [B–64–2018]

Foreign-Trade Zone 151— Findlay, Ohio; Notification of Proposed Production Activity; Whirlpool Corporation (Dishwashers); Findlay, Ohio [B–16–2019]

03-27-19

Approval of Subzone Status; Fender Musical Instruments Corporation; San Bernardino and Corona, California [S-03-2019]

Foreign-Trade Zone 203—Moses Lake, Washington; Notification of Proposed Production Activity; Framatome, Inc. (Fuel Rod Subassemblies); Richland, Washington [B-17-2019]

AES updates a country name

Please note that the country name shown below has been updated in the Auto-

mated Export System (AES), effective March 18, 2019. The ISO Country Code

remains the same.

OLD COUNTRY NAME NEW COUNTRY NAME ISO COUNTRY CODE

Macedonia North Macedonia MK

OFAC extends authorization for transactions with PDVH and CITGO and wind down of contracts and trades involving certain bonds and securities

On March 14, 2019, OFAC reissued General License 7 (“GL 7”) as General Li-

cense 7A (“GL 7A”) to extend the general license’s authorization for certain activ-

ities involving PDV Holding, Inc. (“PDVH”) and CITGO Holding, Inc. (“CITGO”).

While the original GL 7(a) was set to expire on July 27, 2019, GL 7A(a) automati-

cally renews on the first day of each month, and is valid for a period of 18 months

from March 14, 2018 (i.e. until September 14, 2020) or the date of any subse-

quent renewal of GL 7A, whichever is later. GL 7A(a) authorizes certain transac-

tions with PDVH, CITGO, and their subsidiaries that would otherwise be prohib-

ited as a result of the designation of their parent, Petroleos de Venezuela, S.A.

(“PdVSA”), on January 28, 2019 under Executive Order 13850. We note that the

separate petroleum-related provision that appears in GL 7(b) has not changed,

and still expires on April 28, 2019. GL 7A(b) continues to authorize PDVH,

CITGO, and their subsidiaries to engage in transactions ordinarily incident and

necessary to the purchase and importation of petroleum and petroleum products

from PdVSA (and any entity in which PdVSA owns, directly or indirectly, a 50

percent or greater interest). Our prior blog posts on the scope of GL 7

are here and here.

In addition, on March 8, 2019, OFAC reissued General License 3C (“GL 3C”)

as General License 3D(“GL 3D”), and reissued General License 9B (“GL 9B”) as

General License 9C (“GL 9C”). The amended licenses extend the expiration date

of the provisions therein relating to the wind down of certain financial contracts or

other agreements involving the bonds listed in the Annex to GL 3D and trades in

certain PdVSA securities from March 11, 2019 to May 10, 2019. Our prior blog

post on the scope of GL 3C and GL 9B is here. OFAC also correspondingly up-

dated FAQs 661 and 662.















https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl7.pdf

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl7a.pdf


http://sanctionsnews.bakermckenzie.com/us-imposes-additional-economic-sanctions-on-venezuela-targeting-pdvsa-ofac-issues-new-general-licenses/

http://sanctionsnews.bakermckenzie.com/application-of-us-sanctions-targeting-venezuela-to-pdvsa-subsidiaries/

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl3c.pdf

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl3d.pdf

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl9b.pdf

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl9c.pdf

http://sanctionsnews.bakermckenzie.com/ofac-re-issues-pdvsa-related-general-licenses-and-venezuela-faqs/

https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_other.aspx#661

https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_other.aspx#662

Baker McKenzie


8461069-v8\WASDMS

32

If you have any questions, please contact the authors: Bart M. McMillan, Lise S.

Test and Daniel Andreeff, or any member of the US Outbound Trade group with

whom you normally work..

DECCS Commodity Jurisdiction testing to begin March 25

The industry testing period for the Commodity Jurisdiction (CJ) application will

open the week of March 25th. In addition to the new application, the system is

being upgraded to provide even more functionality and security. Another an-

nouncement will be posted when the system is available for testing.

Please contact the IT Modernization Team at PM_DDTCPro-

[email protected] with any questions.

OFAC expands economic sanctions on Venezuela through addi-tional Venezuela-related designations

The US Treasury Department’s Office of Foreign Assets Control (“OFAC”) contin-

ues to escalate the use of sanctions against the Maduro regime as well as enti-

ties that support the Maduro regime through the designation of high-profile par-

ties as Specially Designated Nationals (“SDNs”). These designations increase

the compliance risks for both US and non-US parties attempting to do business

with Venezuela. Companies should watch out for additional designations under

the Venezuelan sanctions, including possible designations of companies in the

financial sector, gold sector, or other key sectors of the Venezuelan economy.

As a result of these SDN designations, all of the property and interests in prop-

erty within US jurisdiction of the designated individuals and entities are

blocked. “US Persons” are generally prohibited from engaging in transactions

with SDNs and any entities 50% or more owned by SDNs. “US Persons” include

(i) entities organized under US laws and their non-US branches, (ii) individuals or

entities in the United States, or (iii) US citizens or permanent resident aliens

(“Green Card” holders) wherever located or employed. Non-US Persons may be

liable under the sanctions if they “cause” SDN-related transactions to occur in

whole or in part in the United States.

Designation of a Russian Bank for Attempting to Circumvent US Sanctions on

Venezuela

On March 11, 2019, OFAC designated Evrofinance Mosnarbank (“Evrofinance”),

a Moscow-based bank jointly owned by Russian and Venezuelan state-owned

companies, as an SDN. OFAC designated Evrofinance under Executive Order

(“EO”) 13850 of November 1, 2018, as amended by EO 13857 of January 25,

2019, based on a determination that Evrofinance was a foreign financial institu-

tion that had “materially assisted, sponsored, or provided financial, material, or

technological support for, or goods or services to or in support of, Petroleos de

Venezuela S.A.” In its press release, the US Treasury Department described

Evrofinance’s role in financing the Venezuelan government’s cryptocurrency, the

Petro, which is the target of US sanctions under EO 13827 of March 19,

2018. The US government views the Petro as a tool of the Maduro regime to cir-

cumvent US financial sanctions. The US Treasury Department advised that this

designation was to demonstrate that the US government will take action against

foreign financial institutions that sustain the Maduro regime.

Designation of Parties for Operating in Venezuelan Gold Sector







https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20190311.aspx




https://home.treasury.gov/news/press-releases/sm622

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/13827.pdf

Baker McKenzie


8461069-v8\WASDMS

33

On March 19, 2019, OFAC designated CVG Compania General de Minera de

Venezuela CA (“Minerven”), Venezuela’s state gold mining company, and its

President Adrian Antonio Perdomo Mata as SDNs under EO 13850, as amended

by EO 13857, for operating in the Venezuelan gold sector. EO 13850 provides

OFAC with the authority to designate parties determined “to operate in the gold

sector of the Venezuelan economy or in any other sector of the Venezuelan

economy as may be determined by the Secretary of the Treasury, in consultation

with the Secretary of State.” In its press release, the US Treasury Department

stated that these designations targeted “the illicit gold operations that have con-

tinued to prop up the illegitimate regime of former President Nicolas Maduro.”

Designation of Venezuelan Financial Institutions

Most recently, on March 22, 2019, OFAC designated state-owned and controlled

bank Banco de Desarrollo Economico y Social de Venezuela (“BANDES”), as

well as four additional financial institutions that BANDES owns or controls, as

SDNs under EO 13850, as amended by EO 13857, for operating in the Venezue-

lan financial sector of the Venezuelan economy. This followed a determination

that persons operating in Venezuela’s financial sector may be subject to sanc-

tions pursuant to EO 13850, as amended by EO 13857. The US Treasury De-

partment’s press release stated that these designations were made in response

to the illegal arrest of an aide to Juan Guaido, who the US government recog-

nizes as the President of Venezuela.

The four financial institutions designated for being owned or controlled by

BANDES are:

Banco Bandes Uruguay S.A. (“Bandes Uruguay”),

Banco Bicentenario del Pueblo, de la Clase Obrera, Mujer ye Comunias, Banco Universal C.A. (“Banco Bicentenario del Pueblo”),

Banco de Venezuela SA Banco Universal (“Banco de Venezuela”), and

Banco Prodem S.A. (“Banco Prodem”)

OFAC issued a new FAQ 663 confirming that only the entities on the Specially

Designated Nationals and Blocked Persons List and any entity 50% or more

owned by SDNs are blocked. That said, in light of the determination that persons

operating in Venezuela’s financial sector may be subject to sanctions pursuant to

EO 13850, as amended by EO 13857, additional Venezuelan financial institu-

tions could be designated in the future.

Concurrently with these designations, OFAC re-issued one general license (“GL”)

and issued four new GLs authorizing certain transactions related to certain of the

four Venezuelan financial institutions designated for being owned or controlled by

BANDES. The authorizations in these general licenses only extend to the SDNs

named therein, and none of these authorizations extend to transactions involving

BANDES itself. These descriptions are not exhaustive; each GL should be re-

viewed in detail before relying on the authorizations contained therein.

GL 4 was re-issued as GL 4A. GL 4A continues to authorize US Persons to en-gage in certain transactions related to, the provision of financing for, and other dealings in new debt prohibited under EO 13808 of August 24, 2017 related to the export or reexport from the United States or by US Persons of agricultural commodities, medicine, medical devices, or replacement parts and components for medical devices to Venezuela, or to persons in third countries purchasing specifically for resale to Venezuela. GL 4A now authorizes such transactions

https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20190319.aspx


https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20190322_33.aspx


https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_other.aspx#venezuela


https://www.treasury.gov/resource-center/sanctions/Programs/Documents/13808.pdf

Baker McKenzie


8461069-v8\WASDMS

34

where Banco de Venezuela or Banco Bicentenario del Pueblo are involved (but not BANDES, Bandes Uruguay, or Banco Prodem). These exports and reexports must be licensed or otherwise authorized under the Export Administra-tion Regulations, 15 C.F.R. Parts 730-774. (No expiration date.)

GL 15 authorizes transactions between the following entities and their subsidiar-ies and Banco de Venezuela and Banco Bicentenario del Pueblo: (i) MasterCard

Incorporated, (ii) Visa Inc., (iii) American Express Company, (iv) Western Union Company, and (v) MoneyGram International. (Valid through March 21, 2020).

GL 16 authorizes all transactions and activities ordinarily incident and necessary (i) to maintaining or closing accounts of US Persons with Banco de Vene-zuela and Banco Bicentenario del Pueblo; and (ii) to processing personal remit-tances with Banco de Venezuelaand Banco Bicentenario del Pueblo. (Valid through March 21, 2020).

GL 17 authorizes all transactions and activities ordinarily incident and necessary to the wind-down of operations, contracts, or other agreements that were in place prior to March 22, 2019, and involve Banco de Venezuela, Banco Bicentenario del Pueblo, or Banco Prodem. (Valid through May 20, 2019).

GL 18 authorizes all transactions and activities ordinarily incident and necessary to maintain or operate Integración Administradora de Fondos de Ahorro Provi-sional, S.A. (“Integración”), whose fund administrator is owned 50% or more by Bandes Uruguay. These include purchases from or sales to Integración of securi-ties or serving as a custodian for securities held by Integración (No expiration date.)

In addition to FAQ 663 referenced above, OFAC also issued FAQ 664, which

clarifies that US financial institutions may process transactions and maintain cor-

respondent accounts where authorized to do so under GLs 4A, 15, 16, 17, and

18.

If you have any questions, please contact the authors: Kerry B. Contini,

Eunkyung Kim Shin, Meghan Hamilton, or any member of the US Outbound

Trade Group with whom you normally work.

US Government to allow private actions under Helms-Burton Act against entities on Cuba Restricted List

On March 4, 2019, Secretary of State Pompeo announced that beginning on

March 19, the suspension of the right to bring private actions in US federal court

against Cuban entities handling confiscated property under Title III of the 1996

Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (known as the “Helms-

Burton Act”) will not apply to Cuban entities or sub-entities identified on the State

Department’s List of Restricted Entities and Sub-entities Associated with Cuba

(the “Cuba Restricted List,” available here). The right to sue all other Cuban enti-

ties and foreign entities under Title III has been further suspended, but only for a

45 day period through April 17, 2019.

Title III of the Helms-Burton Act authorizes US nationals (including Cubans who

have since become US nationals) who formerly owned commercial property ex-

propriated by the Cuban Government after the country’s 1959 communist revolu-

tion to file suit in US courts against persons (including foreign companies) that

may be “trafficking” in that property. For purposes of Title III, a person “traffics” in

confiscated property if that person knowingly and intentionally, without the au-

thorization of any US national who holds a claim to the property:








https://www.state.gov/e/eb/tfs/spi/cuba/cubarestrictedlist/275331.htm

Baker McKenzie


8461069-v8\WASDMS

35

1. sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains con-trol of, manages, uses, or otherwise acquires or holds an interest in confiscated property;

2. engages in a commercial activity using or otherwise benefiting from confiscated property; or

3. causes, directs, participates in, profits from or otherwise engages in, trafficking by or through another person.

“Trafficking” does not include the delivery of international telecommunication ser-

vices 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 Cu-

ban Government or the ruling political party in Cuba. Title III does not generally

authorize suits regarding real property used for residential purposes. The aim of

Title III is effectively to prevent foreign investment in Cuba by threatening inves-

tors with potential lawsuits for trafficking in confiscated property.

Title III has never previously been tested in court. Title III may be suspended by

the President for not more than six months if necessary to the national interest of

the United States and if suspension will expedite a transition to democracy in

Cuba. Successive past US administrations have continuously suspended Title III

in six-month increments since the Helms-Burton Act was enacted in 1996. In

contrast, the Trump Administration waived Title III for only 45 days beginning

February 1, 2019, indicating a potential shift in its enforcement.

As of March 19, US nationals will be authorized to sue the approximately 200

parties listed on the Cuba Restricted List, which includes entities and subentities

that are under the control of, act for or on behalf of, the Cuban military, intelli-

gence, or security service or personnel. It includes certain Cuban ministries,

holding companies, hotels, tourist agencies, marinas, retail and other stores, and

entities directly serving the Cuban defense and security sectors. Our prior blog

post on the Cuba Restricted List can be found here.

This exception to the continued suspension is likely an effort to pressure the Cu-

ban government, which has been supportive of the Maduro regime in Venezuela.

US Government officials indicate that they will continue to study the impact of the

suspension of Title III with regard to all Cuban entities and not just those on the

Cuba Restricted List. Foreign investors may also be at risk if the continued sus-

pension as it relates to them is further narrowed or, worst case, allowed to lapse

come April 17, 2019. Companies doing business in or with Cuba may wish to

begin assessing their potential exposure to potentially trafficked property.

If you have any questions, please contact the authors: Alison J. Stafford Powell,

Inessa Owens and Callie Lefevre, or any member of the US Outbound Trade

Group with whom you normally work.

OFAC takes action in partnership with the EU and Canada

On March 15, 2019, the Office of Foreign Assets Control (OFAC) designated six

Russian individuals and eight entities in response to Russia’s continued and on-

going aggression in Ukraine. In its press release, OFAC said the action targets

individuals and entities playing a role in Russia’s unjustified attacks on Ukrainian

naval vessels in the Kerch Strait, the purported annexation of Crimea, and back-

ing of illegitimate separatist government elections in eastern Ukraine. These ac-

tions complement sanctions also taken on March 15 by the European Union and

http://sanctionsnews.bakermckenzie.com/ofac-and-bis-issue-final-rule-implementing-trumps-cuba-policy/





Baker McKenzie


8461069-v8\WASDMS

36

Canada, and underscore the strength and commitment of the transatlantic part-

nership to counter Russia’s continued destabilizing behavior and malign activi-

ties.

OFAC publishes CAPTA List

On March 15, 2019, the Office of Foreign Assets Control (OFAC) published in the

Federal Register a final rule amending the Iranian Financial Sanctions Regula-

tions (IFSR; 31 C.F.R Part 561) and the Hizballah Financial Sanctions Regula-

tions (HFSR; 31 C.F.R. Part 566) to incorporate references to the new List of

Foreign Financial Institutions Subject to Correspondent Account or Payable

Through Account Sanctions (CAPTA List).

State updates List of Entities and Subentities Associated With Cuba (Cuba Restricted List)

On March 12, 2019, the Department of State published in the Federal Register

an update [Public Notice: 10691] to its List of Restricted Entities and Subentities

Associated with Cuba (Cuba Restricted List) with which direct financial transac-

tions are generally prohibited under the Cuban Assets Control Regulations

(CACR). This Cuba Restricted List is also considered during review of license ap-

plications submitted to the Department of Commerce’s Bureau of Industry and

Security (BIS) pursuant to the Export Administration Regulations (EAR).

This update includes five additional subentities and two clarifying modifications,

including (1) an explanatory footnote indicating activities referenced in parentheti-

cals are intended to aid in identification, but are only representative; and (2) an

effort to streamline the list by removing reference to parent companies in paren-

theticals next to listed entities and subentities. The two clarifying modifications do

not affect the applicability of the list. This is the Cuba Restricted List’s second up-

date since it was published November 9, 2017 (82 FR 52089).

Commerce and State request comments re: review items trans-ferred from USML categories IV and XV

On March 8, 2019, the Bureau of Industry and Security (BIS) published in the

Federal Register an advanced notice of proposed rulemaking [Docket No.

181010936–8936–01; BIS–2018–0029] requesting public comment to inform its

review of the controls implemented in recent revisions to Categories IV and XV of

the United States Munitions List (USML) and the related transfer of items to

Commerce’s Commerce Control List (CCL) in the Export Administration Regula-

tions. These items include launch vehicles, guided missiles, ballistic missiles,

rockets, torpedoes, bombs, and mines; and spacecraft and related articles. BIS’s

review seeks to ensure that the CCL describes these items clearly, captures

those items in normal commercial use, accounts for technological developments,

and implements the national security and foreign policy objectives of the United

States properly.

On the same date, the Department of State published in the Federal Register an

advanced notice of proposed rulemaking [Public Notice 10568; Docket Number

DOS– 2018–0048] requesting comments from the public to inform its review of

the controls implemented in recent revisions to Categories IV and XV of the

United States Munitions List (USML). State periodically reviews USML categories

to ensure that they are clear, do not inadvertently control items in normal com-

mercial use, account for technological developments, and properly implement the

national security and foreign policy objectives of the United States.





Baker McKenzie


8461069-v8\WASDMS

37

The request for comments is part of BIS’ and State’s work with the National

Space Council. Comments must be received by BIS and/or State no later than

April 22, 2019.

Restrictive measures and additions to OFAC, State BIS blocking or-ders, designations, sanctions and entity lists

During the past month, the following notices adding, removing or continuing per-

sons (including entities) to/from restrictive measures lists were published in the

Federal Register by the Office of Foreign Assets Control (OFAC) or by the State

Department (State) or the Bureau of Industry and Security (BIS):

F.R. Date Applicable orders

03-15-19

OFAC: List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List) [31 CFR Parts 561 and 566] (FR)

STATE: Designation of Akram ‘Abbas al-Kabi, aka Akram Abas al-Ka’bi, aka Sheik Akram al-Ka’abi, aka Shaykh AbuAkram al-Ka’abi, aka Abu-Muhammad, aka Karumi, aka Abu Ali as a Specially Designated Global Terrorist [Public No-tice: 10706] (N)

STATE: Designation of Harakat al-Nujaba, aka Harakat Hezbollah al-Nujaba, aka Movement of the Noble Ones Hezbollah, aka The Movement of the Noble Ones, aka Golan Liberation Brigade, aka Ammar ibn Yasir Brigade, aka Imam al-Hasan al-Mujtaba Brigade, aka al-Hamad Brigade, aka al-Nujaba TV as a Specially Designated Global Terrorist [Public Notice: 10703] (N)

03-18-19 OFAC: Notice of OFAC Sanctions Actions (N) [5 individuals]

OFAC: Notice of OFAC Sanctions Actions (N) [4 individuals]

03-22-19

OFAC: Notice of OFAC Sanctions Action (N) [1 entity]

OFAC: Notice of OFAC Sanctions Actions (N) [6 individuals]

STATE: In the Matter of the Review and Amendment of the Designation of ISIS (and Other Aliases) as a Foreign Terrorist Organization Pursuant to the Immi-gration and Nationality Act, as Amended [Public Notice: 10715]

STATE: In the Matter of the Amendment of the Designation of ISIS (and Other Aliases) as a Specially Designated Global Terrorist [Public Notice: 10716]

03-25-19 OFAC: Notice of OFAC Sanctions Actions (N) 6 individuals, 8 entities]

03-29-19 OFAC: Notice of OFAC Sanctions Actions [Case IDs DPRK3-13946, DPRK4-13621] (N) [2 entities]

Orders denying export privileges or rescinding denials

During the past month, the following orders were published:

F.R. Date Subject

03-18-19 BIS: Amended Order Denying Export Privileges- Shavkat Abdullaev

Treasury, Commerce, Homeland Security and State meetings and notices related to trade

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCE-

MENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF

STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOME-

LAND SECURITY; STATE=DEPARTMENT OF STATE.

[Note: Only meetings which occur after scheduled distribution of this Update are listed.]

F.R. Date Subject

03-01-19 ITA: President’s Advisory Council on Doing Business in Africa; Correction (N)
























Baker McKenzie


8461069-v8\WASDMS

38

F.R. Date Subject

03-04-19 STATE: Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Rocky Mountain Instrument Company Under the International Traffic in Arms Regulations [Public Notice: 10686]

03-07-19 BIS: Proposed Information Collection; Comment Request; License Exemptions and Exclusions [OMB Control No: 0694-0137] (N)

03-08-19 STATE: 60-Day Notice of Proposed Information Collection: Disclosure of Viola-tions of the Arms Export Control Act [Public Notice 10640; OMB Control No. 1405-0179] (N) [Form: DS 7787]

03-11-19

ITA: Proposed Information Collection; Comment Request; Procedures for Impor-tation of Supplies for Use in Emergency Relief Work [OMB Control No. 0625–0256] (N)

STATE: Cultural Property Advisory Committee; Notice of Meeting [Public Notice 10698] (N/H) [April 1-2, 2019]

13-13-19

BIS: Proposed Information Collection; Comment Request; Offsets in Military Ex-ports [OMB Control No: 0694–0084] (N)

BIS: Proposed Information Collection; Comment Request; License Exemptions and Exclusions [OMB Control No.: 0694–0088] (N)

03-15-19

BIS: Regulations and Procedures Technical Advisory Committee; Meeting No-tice [April 2, 2019] (N/H)

ITA: U.S. Department of Commerce Trade Finance Advisory Council [March 27, 2019] (N/H)

03-18-19 BIS: Proposed Information Collection; Comment Request; BIS Program Evalua-tion (N)

03-19-19 STATE: Department of State 2019 Civil Monetary Penalties Inflationary Adjust-ment [Public Notice 10692] (FR)

03-20-19

STATE: Determination and Waiver of the Department of State, Foreign Opera-tions, and Related Programs Appropriations Act, 2018 (Div. K Pub.L. 115-141) Relating to Assistance for the Independent States of the Former Soviet Union [Public Notice: 10713] (N)

03-25-19 BIS: Proposed Information Collection; Comment Request; Special Priorities As-sistance [OMB Control No.: 0694–0057] (N) [BIS Form 999]

03-25-19 COMMERCE-NOAA: Proposed Information Collection; Comment Request; Fisher-ies Certificate of Origin [OMB Control No.: 0648–0335] (N) [NOAA Form 370].

03-26-19

ITA: Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement (U.S.-Panama TPA) [OMB Control No.: 0625–0273]

ITA: Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States—Peru Trade Promotion Agreement (US–PERU TPA) [OMB Con-trol No.: 0625–0265]

03-27-19 ITA: Notice of Opportunity To Apply for Federal Recognition of, or Federal Par-ticipation in, Upcoming International Expositions (N)

03-28-19 ITA: Advisory Committee on Supply Chain Competitiveness: Notice of Public Meetings (N) [April 17, 18, 2019]

03-29-19 OFAC: Agency Information Collection Activities; Proposed Collection; Comment Request; Electronic License Application Form [OMB Control No.: 1505-0170] (N)

FTC requests comments on its selection leather and imitation leather guides

On March 6, 2019, the Federal Trade Commission (FTC) published in the Fed-

eral Register a document requesting public comment on its Guides for Select

Leather and Imitation Leather Products. The FTC is soliciting the comments as

part of its systematic review of all current FTC regulations and guides. Com-

ments must be received by April 22, 2019.










































Baker McKenzie


8461069-v8\WASDMS

39

FTC and CPSC Federal Register documents

The following Federal Trade Commission (FTC) and Consumer Product Safety

Commission (CPSC) documents which may be of interest to importers were pub-

lished Federal Register during the past month:

F.R. Date Subject

03-06-19 FTC: Guides for Select Leather and Imitation Leather Products (RFC) 16 CFR Part 24

03-14-19 FTC: Energy Labeling Rule [Matter No. R611004] (PR) 16 CFR Part 305

ATF and TTB announcements and Federal Register documents

The Alcohol, Tobacco, Firearms and Explosives Bureau in the Justice Depart-

ment (ATF) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) in the

Treasury Department have posted the following information or regulatory actions

of interest to international traders :

Date Subject

02-07-19 TTB: Registration Open for 2019 TTB Trade Practice Seminars

03-08-19 TTB: TTB Procedure 2018-2 Voluntary Chemist Certification Program for the Analysis of Wine, Distilled Spirits, and Beer for Export

03-14-19 ATF: Bump-Stock-Type Devices [Docket No. 2018R-22F; AG Order No. 4406-2019] (FR)

03-18-19

ATF: Agency Information Collection Activities; Proposed eCollection eCom-ments Requested; Extension With Change of a Currently Approved Collection; Application To Register as an Importer of U.S. Munitions Import List Articles—ATF Form 4587 (5330.4) [OMB Number 1140–0009] (N)

03-19-19 TTB: Modernization of the Labeling and Advertising Regulations for Wine, Dis-tilled Spirits, and Malt Beverages; Comment Period Extension [Docket No. TTB–2018–0007; Notice No. 176A; Re: Notice No. 176] (PR/E)

03-28-19 TTB: Modernization of the Labeling and Advertising Regulations for Wine, Dis-tilled Spirits, and Malt Beverages – Correction [Docket No. TTB–2018–0007; Notice No. 176] (PR/CO)

FDA Federal Register documents

The FDA has posted the following Federal Register guides, notices or documents

which may be of interest to international traders:

F.R. Date Subject

03-01-19

Enforcement Policy for Certain Marketed Tobacco Products; Draft Guidance for Industry; Availability [Docket No. FDA–2018–D–3244] (N)

International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; World Health Organization; Scheduling Recom-mendations; Dronabinol (delta9-tetrahydrocannabinol) and its Stereoisomers; Cannabis, Cannabis Resin, Extracts and Tinctures; Cannabidiol Preparations; and Pharmaceutical Preparations of Cannabis; Request for Comments [Docket No. FDA–2019–N–0767] (N/RFC)

International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; World Health Organization; Scheduling Recom-mendations; Cyclopropyl Fentanyl; Methoxyacetyl Fentanyl; Ortho-Fluorofenta-nyl; ParaFluorobutyrfentanyl; NEthylnorpentylone; and Four Additional Sub-stances; Request for Comments [Docket No. FDA–2019–N–0671] (N/RFC)

03-04-19 List of Bulk Drug Substances for Which There Is a Clinical Need Under Section 503B of the Federal Food, Drug, and Cosmetic Act [Docket No. FDA–2018–N–3240] (N)



https://www.ttb.gov/news/registration-open-2019-trade-practice-seminars.shtml

https://www.ttb.gov/procedures/2018-2.shtml

https://www.ttb.gov/procedures/2018-2.shtml








https://www.govinfo.gov/content/pkg/FR-2019-03-28/pdf/C1-2018-24446.pdf

https://www.govinfo.gov/content/pkg/FR-2019-03-28/pdf/C1-2018-24446.pdf















Baker McKenzie


8461069-v8\WASDMS

40

F.R. Date Subject

Evaluation of Bulk Drug Substances Nominated for Use in Compounding Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Guidance for Indus-try; Availability [Docket No. FDA–2018–D–1067] (N)

03-06-19 Food Additives Permitted in Feed and Drinking Water of Animals; Selenomethi-onine Hydroxy Analogue [Docket No. FDA–2015–F–2712] (FR)

03-14-19

Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 051 [Docket No. FDA-2004-N-0451] (N)

Modifications to Compliance Policy for Certain Deemed Tobacco Products; Draft Guidance for Industry; Availability [Docket No. FDA-2019-D-0661] (N)

03-19-19

Food Additives Permitted in Feed and Drinking Water of Animals; Spent Bleach-ing Clay [Docket No. FDA–2017–F–0969] (N/Petition)

Mitigation Strategies To Protect Food Against Intentional Adulteration: Draft Guidance for Industry; Public Meeting; Request for Comments [Docket No. FDA–2018–D–1398] (N/H/RFC)

03-25-19 Interpretation of and Compliance Policy for Certain Label Requirement; Applica-bility of Certain Federal Food, Drug, and Cosmetic Act Requirements to Vape Shops; Guidance for Industry; Availability [Docket No. FDA–2017–D–0120] (N)

03-28-19

Produce Safety Rule: Enforcement Policy for Entities Growing, Harvesting, Packing, or Holding Hops, Wine Grapes, Pulse Crops, and Almonds; Guidance for Industry; Availability [Docket No. FDA-2019-D-1266] (N)

Pediatric Information Incorporated Into Human Prescription Drug and Biological Product Labeling; Guidance for Industry; Availability [Docket No. FDA-2013-D-0169] (N)

Veterinary Feed Directive Regulation Questions and Answers; Small Entity Compliance Guide; Draft Guidance for Industry; Availability [Docket No. FDA-2010-N-0155] (N)

United States Food and Drug Administration and Health Canada Joint Regional Consultation on the International Council for Harmonisation of Technical Re-quirements for Pharmaceuticals for Human Use [Docket No. FDA-2019-N-0444] (N/H/RFC)

APHIS and other USDA notices issued

During the past month, the Animal and Plant Health Inspection Service (APHIS)

and other US Department of Agriculture (USDA) agencies issued the following

Federal Register notices during the past month which may be of interest to inter-

national traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Ser-

vice, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Ser-

vice]:

F.R. Date Subject

03-01-19 AMS: Notice of Continued Suspension of Supervision Fee Assessment Under the United States Grain Standards Act (USGSA) [DOC. NO. AMS–FGIS–19–0003] (N)

03-11-19 AMS: Christmas Tree Promotion Research, and Information Order; Referendum [Document No. AMS–SC–18–0104] (N) [producers and importers]

03-19-19

APHIS: Notice of Availability of an Evaluation of the Fever Tick Status of the State of Baja California, Mexico [Docket No. APHIS–2018–0030] (N)

APHIS: Notice of Availability of an Evaluation of the Foot-and-Mouth Disease Status of Singapore [Docket No. APHIS–2018–0043] (N)

03-25-19

AMS: Proposed Amendments to Regulations Governing Voluntary Grading of Meats, Prepared Meats, Meat Products, Shell Eggs, Poultry Products, and Rab-bit Products [Doc. #AMS–LP–18–0095] (PR)

APHIS: Importation of Fresh Jujube Fruit From China Into the Continental United States [Docket No. APHIS–2018–0004] (N)

03-26-19 APHIS: Addition of China to the List of Regions Affected by African Swine Fever [Docket No. APHIS–2018–0037] (N)








































Baker McKenzie


8461069-v8\WASDMS

41

F.R. Date Subject

APHIS: Supplemental Requirements for Importation of Fresh Citrus From Co-lombia Into the United States [Docket No. APHIS–2017–0074] (N)

03-27-19

CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Commit-tee on Food Labelling (N/H/RFC) [April 9, 2019]

APHIS: Brucellosis and Bovine Tuberculosis; Update of General Provisions [Docket No. APHIS–2011–0044] (PR/Partial W)

03-29-19 AMS: Grain Fees for Official Inspection and Weighing Services under the United States Grain Standards Act (USGSA) [DOC. NO. AMS-FGIS-18-0092] (N).

Additional Federal Register documents

The following Federal Register documents which may be of interest to interna-

tional traders were published during the past month by various Federal agencies:

F.R. Date Subject

03-05-19

ENVIRONMENTAL PROTECTION AGENCY (EPA): Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses [EPA–HQ–OPP–2018–0014; FRL–9988–66] (N)

EPA: Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations [EPA–HQ–OPP–2018–0651; FRL–9988–75] (N)

03-08-19

ENERGY: Energy Conservation Program for Consumer Products: Representa-tive Average Unit Costs of Energy (N)

ENERGY: Energy Conservation Program: Energy Conservation Standards for Ceiling Fan Light Kits; Correction [EERE–2012–BT–STD–0045] (FR/C)

03-11-19

EPA: S-Metolachlor; Pesticide Tolerances [EPA–HQ–OPP–2017–0465; FRL–9983–79] (FR)

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation [Docket No. NHTSA–2019–0005] (Grant of Petitions)

03-12-19

EPA: Certain New Chemical Substances; Receipt and Status Information for August 2018 [EPA–HQ–OPPT–2018–0407; FRL–9989–60] (N)

EPA: Methoxyfenozide; Pesticide Tolerances [EPA–HQ–OPP–2017–0494; FRL–9985–06] (FR)

03-14-19

EPA: Tolerances and Exemptions for Pesticide Chemical Residues in Food CFR Correction

EPA: Pesticide Maintenance Fee: Product Cancellation Order for Certain Pesti-cide Registrations [EPA-HQ-OPP-2018-0657; FRL-9987-82] (N)

03-18-19

ENERGY: Energy Conservation Program: Notice of Request for Information on the Measurement of Average Use Cycles or Periods of Use in DOE Test Pro-cedures [EERE–2018–BT–TP–0020] (RFI)

ENERGY: Energy Conservation Program: Test Procedures for Fluorescent Lamp Ballasts [EERE–2017–BT–TP–0005] (PR/RFC)

EPA: Interim Registration Review Decisions and Case Closures for Several Pesticides; Notice of Availability [EPA–HQ–OPP–2017–0751; FRL–9989–68] (N)

EPA: Pesticide Product Registration; Receipt of Applications for New Active In-gredients [EPA–HQ–OPP–2019–0039; FRL–9989–78] (N)

EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA–HQ–OPP–2019–0045; FRL–9989–79] (N)

EPA: Registration Review Proposed Interim Decisions for Several Pesticides; Notice of Availability [EPA–HQ–OPP–2017–0750; FRL–9989–66] (N)

EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA–HQ–OPP–2018–0576; FRL–9989–72] (N)

EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [[EPA–HQ–OPP–2019–0041; FRL–9989–90] (N/RFC)

EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA–HQ–OPP–2018–0577; FRL–9989–71] (N/RFC)








http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR





































Baker McKenzie


8461069-v8\WASDMS

42

F.R. Date Subject

03-19-19

ENERGY: Energy Conservation Program: Test Procedure for Automatic Com-mercial Ice Makers [EERE–2017–BT–TP–0006] (RFI)

EPA: Product Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses [EPA–HQ–OPP–2018–0014; FRL–9989–85] (N)

EPA: Significant New Use Rules on Certain Chemical Substances [EPA–HQ–OPPT–2018–0697; FRL–9986–83] (PR)

03-21-19 EPA: Certain New Chemical Substances; Receipt and Status Information for September 2018 [EPA–HQ–OPPT–2018–0408; FRL 9990–07] (N)

03-22-19

EPA: Mandipropamid; Pesticide Tolerances [EPA–HQ–OPP–2017–0671; FRL–9987–25] (FR)

EPA: Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations [EPA–HQ–OPP–2019–0091; FRL–9990–87] (N)

EPA: Potassium Chloride; Receipt of Application for Emergency Exemption, Solicitation of Public Comment [EPA–HQ–OPP–2019–0090; FRL–9990–83] (FR)

03-25-19 LABOR: Notice of Final Determination To Remove Uzbek Cotton From the List of Products Requiring Federal Contractor Certification as to Forced or Inden-tured Child Labor Pursuant to Executive Order 13126 [DOL–2018–0004] (N)

03-27-19

EPA: Pesticides; Draft Guidance for Pesticide Registrants on Plant Regulator Label Claims, Including Plant Biostimulants; Notice of Availability [EPA–HQ–OPP–2018–0258; FRL–9986–27] (N)

EPA: Sulfometuron-methyl; Pesticide Tolerance [EPA–HQ–OPP–2017–0194; FRL–9989–65] (FR)

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA): Hazard-ous Materials: Notice of Public Meetings in 2019 for International Standards on the Transport of Dangerous Goods [Docket No. PHMSA-2018-0113; Notice No. 2018-23] (N/H/RFI)

03-29-19 US COAST GUARD: Imposition of Conditions of Entry on Certain Vessels Arriving to the United States from the Republic of Seychelles [Docket No. USCG-2018-0873] (N)

Commerce publishes notice of scope rulings

On March 14, 2019, the International Trade Administration, Department of Com-

merce published in the Federal Register a list of scope rulings and anticircum-

vention determinations made between July 1, 2017, and September 30, 2017, in-

clusive. Commerce intends to publish future lists after the close of the next calen-

dar quarter. The list follows:

Countries ITA Case № and Merchandise

SCOPE RULINGS

Japan, S. Ko-rea, Taiwan

A-583-831, A-580-834, A-588-845, and C-580-835: Stainless Steel Sheet and Strip in Coils

China A-570-044: 1,1,1,2-Tetraflouroethane (R-134a)

China A-570-967 and C-570-968: Aluminum Extrusions

China A-570-899: Certain Artist Canvas

China A-570-958 and C-570-959: Certain Coated Paper Suitable for High-Qual-ity Print Graphics Using Sheet-Fed Presses

China A-570-893: Certain Frozen Warmwater Shrimp

China A-570-977 and C-570-978: High Pressure Steel Cylinders

China A-570-875: Non-Malleable Cast Iron Pipe Fittings (2 rulings)

China A-570-886: Polyethylene Retail Carrier Bags

China A-570-922 and C-570-923: Raw Flexible Magnets (3 rulings)

China A-570-909: Steel Nails

China A-570-932: Steel Threaded Rod

China A-570-890: Wooden Bedroom Furniture

ANTICIRCUMVENTION DETERMINATIONS


























Baker McKenzie


8461069-v8\WASDMS

43


China A-570-967 and C-570-968: Aluminum Extrusions (3 determinations

Australia, Brazil, China, Indone-sia, Portugal

A-602-807, A-351-842, A-570-022, C-570-023, A-560-828, C-560-829, A-471-807: Certain Uncoated Paper

Commerce publishes notice of scope rulings

On March 28, 2019, the International Trade Administration, Department of Com-

merce published in the Federal Register a list of scope rulings made between

October 1, 2017, and December 31, 2017, inclusive. Commerce intends to pub-

lish future lists after the close of the next calendar quarter. The list follows:


SCOPE RULINGS

Austria, Belgium, Brazil, China,

France, Germany Italy, Japan,

S. Korea, South Africa, Taiwan,

Turkey

A-433-812; A-423-812; A-351-847, A-570-047; A-427-828; A-428-844; A-475-834; A-588- 875; A-580-877; A-791-822; A-583-858; A-489-828; C-570-048; C-580-888; C-351-848: Certain Carbon and Alloy Steel Cut-to-Length Plate (cut-to-length plate)

Mexico A-201-805: Certain Circular Welded Non-Alloy Steel Pipe

China

A-570-814; A-570-910; A-570-930; A-570-956; C-570-911; C-570-931; C-570-957: Carbon Steel Butt-Weld Pipe Fittings; Circular Welded Car-bon-Quality Steel Pipe; Circular Welded Austenitic Stainless Steel Pres-sure Pipe; and Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe

China A-570-899: Certain Artist Canvas

China A-570-958 and C-570-959: Certain Coated Paper Suitable for High-Qual-ity Print Graphics Using Sheet-Fed Presses

China A-570-822: Certain Helical Spring Lock Washers

China A-570-901: Certain Lined Paper Products

China A-570-909: Certain Steel Nails (2 rulings)

China A-570-967 and C-570-968: Telescoping Aluminum Pool Poles




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 pe-

riod covered by this Update [Unofficial translation].

BO Date Subject

01-03-19 PRODUCTION AND LABOR - FOREIGN TRADE: Resolution 15/2019 RESOL-2019-15-APN-SCE # MPYT (28-02-19). RE: digital certificates of origin

18-03-19 PRODUCTION AND LABOR - FOREIGN TRADE: Resolution 23/2019 RESOL-2019-23-APN-SCE # MPYT (14-03-19) (14-03-19)


https://www.boletinoficial.gob.ar/#!DetalleNorma/202628/20190301


Baker McKenzie


8461069-v8\WASDMS

44

BO Date Subject

20-03-19

FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP): General Resolution 4439 /2019 (18-03-19) Admission of new operators to the Pilot Plan of the “Au-thorized Economic Operator” Program (OAS). General Resolution No. 4.197. Its modification and complementary.

22-03-19

Decree 217/2019 DECTO-2019-217-APN-PTE – (21-03-19) Grand Prix of the Argentine Republic Moto GP 2019. Exemption from the payment of import duty, Value Added Tax, internal taxes, fees for port services, statistics and veri-fication of destination, which are levied on the import for consumption of tow-els, collars, self-adhesive stickers, school supplies, toys, calendars, T-shirts, caps, jackets, vests, key rings, cell phone cases, umbrellas and / or umbrellas, flags identifying the event and the teams, replicas and other promotional ele-ments related to the event, originating and coming from the participating coun-tries.

Decree 221/2019 - DECTO-2019-221-APN-PTE – Customs Code (21-03-19) Postal Shipping Regime.

27-03-19 AFIP (DGA): Provision 18/2019 DI-2019-18-E-AFIP-DGADUA (22-03-19) re: Combatting Illicit Trafficking in Cultural Assets

29-03-19

Decree 230/2019 - DECTO-2019-230-APN-PTE – (28-03-19) Decree No. 331/2017. Modification. Common Nomenclature of Mercosur. Quotas for re-duced rates for hybrid, fuel cell and electric vehicles

PRODUCTION AND LABOR: Resolution 206/2019 RESOL-2019-206-APN-MPYT (28-03-19) [The Technical Regulators Commission (CRT) for WTO TBT mat-ters]

AFIP: General Resolution 4447 /2019 RESOG-2019-4447-E-AFIP-AFIP (28-03-19) - Postal delivery system. General Resolution No. 3,915 and its amend-ments. Its replacement.




BRAZIL

Diário Oficial da União publications

The following notices, Ordinances (Portarias), Circulars and Resolutions of inter-

est to international traders were published in the Diário Oficial da União (Official

Gazette) during the period covered by this Update.

DOU Date Subject

01-03-19 SECEX Portaria № 3 (28-02-19) It delegates powers to the Executive Secretary of the Foreign Trade Chamber of the Special Secretariat for Foreign Trade and International Affairs of the Ministry of Economy.

11-03-19 SECEX Portaria № 4 (08-03-19) Adds art. 242-C and rewrites art. 1 of Annex XXIII of Portaria SECEX nº 23, of July 14, 2011

21-03-19 SECEX Porttaria № 5 (20-03-19) Authorizes the application of the Exception Mechanism to the Rule of Origin in case of shortages of inputs in Argentina, Brazil and Colombia.












http://www.mdic.gov.br/images/REPOSITORIO/secex/gab/portarias_secex_2019/Portaria_SECEX_003_2019.pdf








Baker McKenzie


8461069-v8\WASDMS

45

CHILE

National Customs postings and Diario Oficial

The following documents, which may be of interest to international traders were

posted to the National Customs Service (NCS) website or published in the Diario

Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial trans-

lation-subscription required for texts].

Date Subject

11-03-19 HACIENDA: Exempt Decree № 34 Declaring an International Fair, Food and Ser-vice Space 2010.

14-03-19 HACIENDA: Res. № 916 Extract of exempt resolution number 916, of 2019.- Modifies the Compendium of Customs Rules

20-03-19

C. DEPUTIES: № 12472-10 Draft Law - Approves the Agreement Establishing an Association, its Joint Declarations and the Agreement on Trade in Organic Products, between the Republic of Chile and the United Kingdom of Great Brit-ain and Northern Ireland, signed in Santiago , Chile, on January 30, 2019. Initia-tive: Message. Current Urgency: Without urgency. Date Entered: 2019-03-14

HACIENDA: Extract of Res. № 1,188, of 2019.- Modifies the Compendium of Cus-toms Rules

22-03-19 HACIENDA: Exempt Decree number 82, of 2019. - Applies rebates of customs duties for the importation of raw sugar, refined sugar grades 1 and 2, and re-fined sugar grades 3 and 4, and sub-standards

26-03-19 HACIENDA: Exempt Decree № 73 Declaring an International Fair - XX Interna-tional Forestry, Paper and Paper Fair, Expocorma 2019

28-03-19 HACIENDA: Exempt Decree № 24, of 2019.- Declares as an International Fair: “Rancagua, Una Gran Oportunidad”

Classification opinions, advance rulings and classification valuation and origin decisions

The National Customs Service has recently redesigned its website. Advance

Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to

2019 are available.

COLOMBIA

TPTA information

Information, on the Colombia-United States Trade Promotion Agreement includ-

ing presentations, rules of origin and TRQ information (all in Spanish) may be

found here. Sample (non-mandatory) Certificates of Origin are available here.

Tariff Classification Resolutions

Tariff Classification Resolutions may be found here.

MinCIT, MinHacienda and DIAN Documents

The following documents of interest to international traders were posted by the

Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Haci-

enda) or the National Directorate of Taxes and Customs (DIAN):

Date Subject

30-01-19 MINCIT: Circular 004 of January 29, 2019 “Modification circular 036 of 2018 - pi-lot extension” systematization of air cargo operations through the Single Window of Foreign Trade - VUCE “

05-02-19 MINCIT: Circular 05 “Modification to annex 22 of circular 037 of 2016”

http://normativa.aduana.cl/prontus_normativa/site/edic/base/port/normativa.html

http://www.diariooficial.cl/

http://www.diariooficial.cl/

http://190.215.38.195/e-diarios/2019-03-11/1557872.pdf




https://www.doe.cl/jurisprudencia/2019-03-20/201903200042.pdf





http://www.aduana.gov.cl/aduana/site/artic/20190108/asocfile/20190108121723/res_1188_12_03_2019.pdf

http://www.aduana.gov.cl/aduana/site/artic/20190108/asocfile/20190108121723/res_1188_12_03_2019.pdf








http://www.aduana.gov.cl/resoluciones-anticipadas-clasificacion-y-origen-ano-2019/aduana/2019-01-07/155600.html

http://www.aduana.gov.cl/resoluciones-anticipadas-clasificacion-y-origen-ano-2019/aduana/2019-01-07/155600.html

http://www.dian.gov.co/contenidos/otros/tlc.html

http://www.dian.gov.co/contenidos/otros/certificados_de_origen_tlc.html

http://www.dian.gov.co/DIAN/13Normatividad.nsf/pages/Clasificaciones_arancelarias

https://www.mincomercio.gov.co/publicaciones.php?id=238

http://www.minhacienda.gov.co/HomeMinhacienda

http://www.dian.gov.co/

http://www.mincit.gov.co/getattachment/e2774a73-25ae-49d9-95d6-e777bfdbd6b4/Circular-004-del-29-de-enero-de-2019-quot-Modifica.aspx



http://www.mincit.gov.co/getattachment/1fddfe86-5a29-48f8-b879-ef210f11d163/Circular-05-quot-Modificacion-al-anexo-22-de-la-ci.aspx

Baker McKenzie


8461069-v8\WASDMS

46

Date Subject

14-02-19 DIAN: Circular 003436 of 2019 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products

19-02-19 MINCIT: Circular 06 “Information Decree 1716-83 of 2018 about the transit of Ukrainian merchandise”

22-02-19

MINCIT: Annex 1 Enlargement and finalization píloto “Systematization of Air Cargo Operations Information”

MINCIT: Circular 007 “Systematization of air cargo operations information” through the Foreign Trade Single Window - VUCE

26-02-19 DIAN: Circular 003443 of 2019 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products

14-03-19

MINCIT: Decree 367 “Whereby a safeguard measure is adopted for imports of goods classified by tariff subheadings 7213.10.00.00 and 7214.20.00.00 of the Customs Tariff”

MINCIT: Circular 008 “Resolution 000067 of 2019 - Regulates import quotas of other food for dogs or cats for the year 2019”

MINCIT: Circular 009 “Regulation 000068 of 2019 - Regulates the import quotas for products originating in the Swiss Confederation and the Principality of Liech-tenstein for the year 2019”

MINCIT: Circular 010 “Regulation 000066 of 2019 - Regulates the import quotas of the other undenatured ethyl alcohols for the year 2019”

16-03-19 DIAN: Circular 003450 of 2019 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products.

26-03-19

DIAN: Resolution 000018 of 2019 By which the use of the mechanical signature is authorized

DIAN: Resolution 000019 of 2019 By which the Manual of Accounting Policies of the Paid Function of the UAE Direction of Taxes and National Customs, DIAN, adopted by Resolution 11 of February 19, 2018, is modified.

ASIA-PACIFIC

[Please note that material pertaining to the Eurasian Economic Union (EAEU)

and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the

Kyrgyz Republic is shown under EUROPE.]

AUSTRALIA

Australia updates Strategic Goods List

On 28 March 2019, the Department of Defence/Defence Export Controls an-

nounced that the Defence and Strategic Goods List (DSGL) has been updated

and came into effect on 28 March 2019. The DSGL 2019 includes a total of 70

notable amendments: 23 are changes which remove or reduce the requirement

to obtain an approval prior to export; 13 of the amendments are either new con-

trols or changes to existing controls that result in an expanded scope; and the re-

maining 34 amendments are clarifications that do not involve a scope change.

Details of these amendments are available in the Explanatory Statement. The

Online DSGL Tool is currently being updated to reflect the amendments made to

the DSGL.

Customs duty rate changes for 1 April 2019: Japan-Australia EPA

Department of Home Affairs (DHA) Notice No. 2019/15 (March 26, 2019) an-

nounced that the next reduction of customs duty rates on eligible Japanese origi-

nating goods through the Japan-Australia Economic Partnership Agreement will

occur on 1 April 2019 and will affect certain imports of:

textiles

https://www.dian.gov.co/normatividad/Normatividad/Circular%20003436%20de%2014-02-2019.pdf

http://www.mincit.gov.co/getattachment/94a279b7-4921-4ad9-b0aa-a5b3b6f42fa1/Circular-06-quot-Informacion-Decreto-1716-83-de-20.aspx

http://www.mincit.gov.co/getattachment/94a279b7-4921-4ad9-b0aa-a5b3b6f42fa1/Circular-06-quot-Informacion-Decreto-1716-83-de-20.aspx

http://www.mincit.gov.co/getattachment/4db606de-b34e-4028-8b5e-857588e08070/Anexo-1-nbsp-Ampliacion-y-finalizacion-p-iexcl-lot.aspx

http://www.mincit.gov.co/getattachment/4db606de-b34e-4028-8b5e-857588e08070/Anexo-1-nbsp-Ampliacion-y-finalizacion-p-iexcl-lot.aspx

http://www.mincit.gov.co/getattachment/8d9cc462-39b7-4402-88e7-566cd9c896d2/Circular-007-quot-Sistematizacion-informacion-oper.aspx

http://www.mincit.gov.co/getattachment/8d9cc462-39b7-4402-88e7-566cd9c896d2/Circular-007-quot-Sistematizacion-informacion-oper.aspx


http://www.mincit.gov.co/getattachment/130d7898-c539-4a97-a89e-34c0f9dc83cb/Decreto-367-quot-Por-la-cual-se-adopta-una-medida.aspx



http://www.mincit.gov.co/getattachment/e6390b7a-ffae-4591-9eb5-69508c393205/Circular-008-quot-Resolucion-000067-de-2019-Reglam.aspx

http://www.mincit.gov.co/getattachment/e6390b7a-ffae-4591-9eb5-69508c393205/Circular-008-quot-Resolucion-000067-de-2019-Reglam.aspx

http://www.mincit.gov.co/getattachment/68d895dd-a793-45e6-a89f-ee5437426192/Circular-009-quot-Reglamento-000068-de-2019-Reglam.aspx



http://www.mincit.gov.co/getattachment/a235af95-2134-4fe3-842e-9e0f1ec3565b/Circular-010-quot-Reglamento-000066-de-2019-Reglam.aspx

http://www.mincit.gov.co/getattachment/a235af95-2134-4fe3-842e-9e0f1ec3565b/Circular-010-quot-Reglamento-000066-de-2019-Reglam.aspx


https://www.dian.gov.co/normatividad/Normatividad/Resoluci%C3%B3n%20000018%20de%2026-03-2019.pdf

https://www.dian.gov.co/normatividad/Normatividad/Resoluci%C3%B3n%20000019%20de%2026-04-2019.pdf

https://www.legislation.gov.au/Details/F2019L00424

https://www.legislation.gov.au/Details/F2019L00424/Explanatory%20Statement/Text

https://dsgl.defence.gov.au/Pages/Home.aspx

https://www.abf.gov.au/help-and-support-subsite/CustomsNotices/2019-15.pdf

Baker McKenzie


8461069-v8\WASDMS

47

clothing

footwear

orthopaedic footwear

A full list of affected tariff subheadings is contained in Schedule 11 (Japanese

Originating Goods) of the Customs Tariff Act 1995. Relevant changes to the Inte-

grated Cargo System have been made and will commence on 1 April 2019.

Tobacco prohibited import and permit arrangement

The Australian Government has introduced measures to combat the illicit to-

bacco trade as part of the 2018-19 Budget ‘Black Economy Package – combat-

ting illicit tobacco’. The package includes a measure to prohibit the importation of

tobacco without a permit. The Customs (Prohibited Imports) Amendment (collect-

ing Tobacco Duties) Regulations 2019 enabling this measure commences on 1

July 2019. The measure amends the Customs (Prohibited Imports) Regulation

1956 to include regulation 4DA that prohibits the importation of tobacco products

(other than certain exempted tobacco products) into Australia without written per-

mission. Under regulation 4DA, the following tobacco products are exempt from

the new import prohibition:

smokeless tobacco products intended for oral use specified in regulation 4U of the Regulations

cigars

tobacco products imported by travellers within duty free limits

unmanufactured tobacco specified in regulation 4D of the Regulations.

Permits will be issued by the Department of Home Affairs. To obtain a permit, im-

porters are required to lodge a written application with supporting documentation

to Home Affairs. Permits will be subject to conditions or requirements that must

be complied with by the permit holder. Breaches of permit conditions or require-

ments may result in the revocation of the permit.

Australia prescribes asbestos as Tier 1 good

Department of Home Affairs (DHA) Notice No. 2019/10 (25 March 2019) an-

nounced that from 26 March 2019, asbestos, and goods containing asbestos, are

prescribed as Tier 1 Goods (table item 24 under subclause 1(1) of Schedule 7 of

the Customs Regulation 2015). As a result, and as an alternative to the offence

under section 233 of the Customs Act 1901 (the Customs Act), the unlawful im-

portation and exportation of asbestos can be prosecuted as an offence relating to

Tier 1 goods under subsections 233BAA(4) and (5) of the Customs Act.

Penalties for the unlawful importation or exportation of asbestos

The Australian Government will consider the evidence available in deciding whether to prosecute an asbestos border offence as a Tier 1 criminal offence under section 233BAA of the Customs Act, or the alternative strict liability offence under section 233.

A person convicted of an offence against section 233 of the Customs Act is punisha-ble by a fine not exceeding 1000 penalty units (currently AUD210,000) or three times the value of the goods, whichever is the greater.

A person convicted of an offence under section 233BAA is punishable by a fine not exceeding 1000 penalty units and/or imprisonment for up to five years.

When a body corporate is found guilty of an offence against section 233, or section 233BAA, the court may impose a fine of up to 5000 penalty units (AUD1,050,000) or

https://www.abf.gov.au/importing-exporting-andmanufacturing/tariff-classification/current-tariff/schedule-11

https://www.abf.gov.au/importing-exporting-andmanufacturing/tariff-classification/current-tariff/schedule-11

http://www.legislation.gov.au/Details/F2019L00352

http://www.legislation.gov.au/Details/F2019L00352

http://www.abf.gov.au/tobacco


Baker McKenzie


8461069-v8\WASDMS

48

15 times the value of the goods, whichever is the greater, through application of sec-tion 4B(3) of the Crimes Act 1914 (Cth).

The prescription of asbestos as a Tier 1 good enhances the existing suite of sanc-tions available to the Australian Border Force (ABF) for asbestos border offences. The ABF may issue fines under the Customs Act Infringement Notice Scheme in lieu of prosecution where considered appropriate.

The importance of supply chain management

Importers and exporters need to be aware of the risk of asbestos entering their supply chain for a range of goods, regardless of their country of origin. The Department of Home Affairs and the ABF have significantly increased the amount of guidance infor-mation to assist voluntary compliance with the asbestos border control.

If goods at the border are suspected of containing asbestos, they may be held for ex-amination, including sampling and testing. Associated costs, including storage pend-ing the testing outcome, are the responsibility of the owner regardless of whether or not asbestos is detected.

The important role of border industry members

Licensed Customs Brokers, freight forwarders and other border industry members have an important role in raising awareness of the asbestos border control with their clients. Border industry members are best placed to identify goods at risk of contain-ing asbestos moving across the border, and to inform their clients of the potential con-sequences of asbestos border offences.

Information about the border control for asbestos is available at the ABF website: www.abf.gov.au/asbestos.

Australia sanctions additional persons for Russia's continued ag-gression against Ukraine

On 18 March 2019, the Minister for Foreign Affairs announced that Australia was

joining the US, UK, Canada and EU member states in imposing targeted financial

sanctions and travel bans against seven Russian individuals for their role in the

interception and seizure of Ukrainian naval vessels that were attempting to pass

through the Kerch Strait. Australia is concerned by this escalation of tensions in

the Sea of Azov in November 2018.

The announcement said that Australia condemns the aggression and calls on

Russia to release the detained Ukrainian sailors and seized vessels without de-

lay. Australia also called on Russia to allow free and unencumbered passage of

Ukrainian and international ships through the Kerch Strait and the Sea of Azov.

Australia does not recognise any actions seeking to legitimise the annexation of

Crimea or the secession of parts of Ukraine's Donetsk and Luhansk regions. The

Minister for Foreign Affairs has therefore also imposed targeted financial sanc-

tions and travel bans against three 'leaders' from separatist-controlled parts of

the Donetsk and Luhansk regions of Ukraine following so-called elections in No-

vember 2018.

Details of these 10 individuals are in DFAT's Consolidated List of individuals and

entities subject to targeted sanctions under Australian law. This list is available

on DFAT's website.

DHA notices and advices

The following Department of Home Affairs (DHA, formerly Immigration and Bor-

der Protection (DIBP)) Notices and Cargo advices (ACCA) were issued during

the period covered by this Update:

http://www.abf.gov.au/asbestos

https://foreignminister.gov.au/releases/Pages/2019/mp_mr_190318.aspx

https://dfat.gov.au/international-relations/security/sanctions/pages/consolidated-list.aspx

Baker McKenzie


8461069-v8\WASDMS

49

Date* Series and № Title

25-03-19 27-03-19

DHA № 2019/10 Prescription of asbestos as a Tier 1 good

25-03-19 27-03-19

DHA № 2019/11 Asbestos - changes to the Customs (Prohibited Exports) Regulations 1958

25-03-19 27-03-19

DHA № 2019/12 Asbestos – changes to the Customs (Prohibited Imports) Regulations 1956

25-03-19 26-03-19

DHA № 2019/13 Tobacco prohibited import and permit arrangement

25-03-19 26-03-19

DHA № 2019/14 Refunds for duty paid tobacco sold to duty free operators

26-03-19 29-03-19

DHA № 2019/15 Customs Duty Rate Changes for 1 April 2019: Japan-Aus-tralia Economic Partnership Agreement

25-03-19 29-03-19

DHA № 2019/16 Cheese and Curd Quota Scheme – Allocations for 2019-2020

*/ first date is date on document, second is “updated” date

Australian Gazettes and Federal Register

The following documents were registered in the Federal Register of Legislation,

or published in the Government Notices Gazette, the Tariff Concessions Gazette

(TC) or other Gazettes as noted (dd-mm-yy):

Date Matter

01-03-19 Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods - No-tice (No. 2) 2019

06-03-19 TC 19/09

08-03-19 Charter of the United Nations Act 1945 Listing Declaration (No. 1) 2019 [Sanc-tions]

12-03-19

Commerce (Trade Descriptions) Regulation 2016

Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Christmas Is-land) Determination 2016

Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Cocos (Keel-ing) Islands) Determination 2016

Biosecurity (Prohibited and Conditionally Non-prohibited Goods—Norfolk Island) Determination 2016

13-03-19

TC 19/10

Biosecurity (Prohibited and Conditionally Non-prohibited Goods) Determination 2016

15-03-19 Autonomous Sanctions (Designated and Declared Persons – Ukraine) List 2019

20-03-19 TC 19/11

27-03-19 TC 19/12

29-03-19

Imported Food Control Order 2001

Export Control (Meat and Meat Products) Orders 2005

Crimes (Biological Weapons) Regulations 2019




CHINA (INCLUDING HONG KONG SAR)

China announces detailed VAT reform measures

On March 22, 2019, the State Council announced in an English language press

release that Authorities announced detailed measures to implement the country’s








https://www.legislation.gov.au/Details/C2019G00212


https://www.abf.gov.au/tariff-concessions-system-subsite/Gazettes/tc-19-09.pdf


https://www.legislation.gov.au/Details/F2019C00187
















http://english.gov.cn/policies/policy_watch/2019/03/22/content_281476573757920.htm

Baker McKenzie


8461069-v8\WASDMS

50

value-added tax (VAT) reform on March 21 to further reduce the tax burden on

various industries. The release stated:

Starting April 1, taxpayers that are subject to the 16-percent VAT rate on their taxable sales or imported goods will enjoy a 13-percent VAT rate, while those who are subject to the 10-percent VAT rate will only need to pay 9 percent, according to a joint state-ment released by the Ministry of Finance, the State Taxation Administration and the General Administration of Customs.

Buyers of agricultural goods who are subject to a 10-percent deduction rate, which is used to calculate input VAT, will be subject to a 9-percent deduction rate, according to the statement.

The statement also laid out a series of supporting measures for VAT reform such as the extension in the scale of goods and services eligible for input tax deductions.

The announcement came after a State Council’s executive meeting on March 20, which decided that the country will implement a slew of measures to cut the VAT rates, making sure that tax burdens on all industries will only go down, not up.

MOFCOM and GAC notices

The following Ministry of Commerce (MOFCOM) and General Administration of

Customs (GAC) notices were posted during the period covered by this Update

(mm-dd-yy):

Date Series and № Subject

02-18-19 Beijing Customs Notice

2019 No. 4 Beijing Customs Classification system goes live – in-cludes data and search tools

02-27-19

GAC Ann. № 36 Announcement on matters relating to the implementa-tion of “first-in, first-inspection” for the inspection of ani-mal and plant products in overseas bonded areas

GAC Ann. № 37 Announcement on the Issuance of the Customs Clear-ance Notice for the 2019 China Beijing World Horticul-tural Exposition

GAC Ann. № 38 Announcement on Preventing the Introduction of the Lassa fever Epidemic in Nigeria to China

02-28-19 GAC Ann. № 39

Announcement on the Promulgation of the Measures for the Administration of the Origin of Import and Export Goods under Free Trade Agreement between the Gov-ernment of the PRC and the Government of the Repub-lic of Chile

03-04-19 GAC Ann. № 40 Announcement on the publication of the industry stand-ard for the Customs Statistical Economic Zone Codes

03-06-19 GAC Ann. № 42 Agri-culture and Rural Af-

fairs

Announcement on preventing the introduction of Viet-namese piglets

03-08-19

GAC Ann. № 41 Announcement on the expansion of the implementation of the TIR Convention

GAC Ann. № 43 Announcement on matters relating to cancellation of administrative examination and approval matters

03-13-19 GAC Ann. № 44 Announcement on Inspection and Quarantine Require-ments for Sino-Russian Dairy Two-way Trade

03-19-19 GAC Ann. № 46 Announcement on the publication of the criteria for the identification of the financial status indicators of the Customs Certification Enterprise Standard

03-22-19

GAC Ann. № 49 Pilot Reform on Printing of Certificate of Origin

GAC Ann. № 50 Announcement on Simplifying the Management of En-try and Exit Areas in the Comprehensive Bonded Zone

03-25-19 GAC Ann. № 52 Announcement on Quarantine Requirements for Im-ported Lithuanian Silage Forage Plants

http://beijing.customs.gov.cn/beijing_customs/434756/434769/434770/2308427/index.html

http://beijing.customs.gov.cn/beijing_customs/434756/434769/434770/2308427/index.html

http://www.customs.gov.cn/customs/302249/302266/302267/2336268/index.html













Baker McKenzie


8461069-v8\WASDMS

51

Antidumping and Countervailing Duty Cases



Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy)

Date Matter

13-02-19 Strategic Trade Controls Circular No. 2/2019 -End-use / Catch-all Control

04-03-19 Strategic Trade Controls Circular No. 3/2019 - Application for Delivery Verifica-tion Certificate (DVC)

INDIA

India releases draft National e-Commerce Policy

On 23 February 2019, the Department for Promotion of Industry and Internal

Trade posted the Draft National e-Commerce Policy – India’s Data for India’s De-

velopment on its website for stakeholder comment. The Executive Summary

states in part:

Electronic commerce and data are emerging as key enablers and critical determi-nants of India’s growth and economic development. In order to enhance the capabili-ties and realise the potential of the electronic commerce sector, it is imperative that India develops robust administrative, regulatory and legal mechanisms.

The National e-Commerce Policy lays down strategies to address issues pertinent to the sector. Consumer protection, data privacy and maintenance of a level-playing field are some of the crucial issues. The Policy takes into account interests of all stakeholders, be they investors, manufacturers, MSMEs, traders, retailers, startups and consumers. The strategies envisages should provide a basis for unlocking productivity, generating new-age jobs, protecting critical personal information, en-hancing consumer awareness and facilitating onboarding of domestic producers, manufacturers, traders and retailers.

The National e-Commerce Policy aims to create a framework for achieving holistic growth of the e-commerce sector along with existing policies of Make in India and Digital India. Inclusive growth of the sector will be important catalyst for achieving economic growth and other public policy objectives.

The e-Commerce sector is driven by technology and data. Continuously evolving technologies and volumes of data generated in a consumer-oriented country like India require an enabling regulatory framework for empowering domestic entrepreneurs, leveraging access to data, connecting MSMEs, vendors, traders, etc. to the digital ecosystem as well as empowering consumers to retain control of the data generated and owned by them.

Data is a valuable resource for any individual, corporation or a Government. Access to data helps in informed decision-making. Data can either be standalone individual data such as the financial details of clients available with banking institutions, or be at the level of community such as data created by recording and storing information about movement of vehicles at an intersection or data generated by climatic condi-tions. Data can be used for analytical, statistical, business and security purposes. The unprecedented explosion in the volume of data creates as much a threat to its misuse as it creates opportunities for utilization for policy making. ***

The Draft Policy has a section on export strategies as well as a section on e-

Commerce Marketplaces which discusses such matters as:

Strategies FDI

Other strategies relating to e-commerce marketplaces

https://www.stc.tid.gov.hk/english/circular_pub/2019_stc02.html

https://www.stc.tid.gov.hk/english/circular_pub/2019_stc03.html

https://dipp.gov.in/whats-new/draft-national-e-commerce-policy-stakeholder-comments

https://dipp.gov.in/whats-new/draft-national-e-commerce-policy-stakeholder-comments

Baker McKenzie


8461069-v8\WASDMS

52

Anti-Counterfeiting

Anti-piracy measures

Authentic Ratings and Reviews

Consumer Oriented Customer Service

Prevention of Sale of Prohibited Items

With regard to imports, the Draft Policy states that the following shall be applica-

ble to all e-commerce websites/applications:

All product shipments from other countries to India must be channelized through the customs route.

An integrated system that connects Customs, RBI and India Post to be devel-oped to better track imports.

Any non-compliant e-commerce app/website will not be given access to operate in India.

All ecommerce sites/apps available for download in India must have a registered business entity in India as the importer on record or as the entity through which all sales in India are transacted.

All e-Commerce sites/apps available to Indian consumers (displaying prices in INR) must have MRPs on all packaged products, physical products and invoices.

In view of the misuse of the ‘gifting’ route, as an interim measure, all such parcels shall be banned, with the exception of life-saving drugs.

Consumer/Business Payments from Indian banks and payment gateways to un-authorized and unregistered (GST non-compliant) sites/apps shall be barred.

As a transparency requirement, e-commerce entities would be mandated to make a full disclosure to the consumer regarding the purpose and use of data collection upfront, in a simplified and an easily understandable form on their web-sites/ application interfaces.

The Draft Policy also states that the current practice of not imposing custom du-

ties on electronic transmissions must be reviewed in the light of the changing dig-

ital economy and the increased role that additive manufacturing is expected to

take. A 2017 UNCTAD report suggests that it would be mostly developing coun-

tries which would suffer loss in revenue if the temporary moratorium on custom

duties on electronic transmissions is made permanent.

The Draft Policy is considered protectionist by some and includes provisions that

would require an entity that collects or processes any sensitive data in India and

stores it abroad, to adhere to the following conditions:

a) All such data stored abroad shall not be made available to other business entities outside India, for any purpose, even with the customer consent;

b) All such data stored abroad shall not be made available to a third party, for any purpose, even if the customer consents to it;

c) All such data stored abroad shall not be made available to a foreign government, without the prior permission of Indian authorities;

d) A request from Indian authorities to have access to all such data stored abroad, shall be complied with immediately;

e) Any violation of the conditions mentioned above shall face the prescribed conse-quences (to be formulated by the Government).

Baker McKenzie


8461069-v8\WASDMS

53

Comments/suggestions on the Draft Policy are invited from stakeholders with the

last date for receiving comments being 29 March 2019. Comments may be sent

at [email protected].

--------------------------------------------------

Material in the section below and the India Antidumping Countervailing Duty and

Safeguards Investigations section was prepared by Sonia Gupta of Ashok

Dhingra Associates, Attorneys at Law, Gurgaon (Haryana), India

Other CBIC and DGFT notifications, circulars and instructions

Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of

Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instruc-

tions during the period covered by this Update:


CBIC Non-Tariff Notifications

01-03-19 19/2019-Cus (NT) Entry appointing Golakganj as a Land Customs Station for export of stone boulders, stone chips and coal from India omitted

06-03-19 20/2019-Cus (NT)

Customs Tariff Determination of Origin of Goods under the Comprehensive Economic Cooperation Agreement be-tween the Republic of India and Republic of Singapore Rules amended

07-03-19 21/2019-Cus (NT) Exchange rate notification providing conversion rate of for-eign currencies to INR

15-03-19

22/2019-Cus (NT) Dera Baba Nanak appointed as Land Customs Station for clearance of baggage

23/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

20-03-19 24/2019-Cus (NT) Exchange rate notification providing conversion rate of for-eign currencies to INR

25-03-19 25/2019-Cus (NT) Format of Shipping Bill and Bill for export of goods substi-tuted

29-0319 27/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

CBIC Tariff Notifications

15-03-19 07/2019-Cus Grants tariff concession to goods under Tariff Sub Heading 4809 90 imported from Korea RP under the India-Korea Comprehensive Economic Partnership Agreement

25-03-19

08/2019-Cus Extends exemption from Integrated Tax and Compensation Cess to goods imported against Advance Authorization /EPCG Authorization upto 31 March, 2020

09/2019-Cus Extends exemption from Integrated Tax and Compensation Cess to EOUs on imports till 31 March, 2020

28-03-19 10/2019-Cus Extends deeper tariff concessions to import of specified goods from Japan under India-Japan CEPA (IJCEPA) with effect from 1 April, 2019

29-03-19 11/2019-Cus Implementation of increased Customs Duty on specified im-ports originating in USA postponed from 1 April, 2019 to 2 May, 2019

CBIC Circulars

12-03-19 10/2019-Customs Clarification issued on Scheme for Rebate of State and Central Taxes and Levies on export of garments and made-ups (RoSCTL)



http://www.adalegal.com/

http://www.adalegal.com/

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt19-2019.pdf

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt20-2019.pdf;jsessionid=8C0D03FF9697A4696BE95C5E48908D98

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt21-2019.pdf;jsessionid=097AD8889DC439AFA9B5DCD9BD14DBCD

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt22-2019.pdf;jsessionid=AE805A21759A3052B869AA928C9FAED0

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt23-2019.pdf;jsessionid=2846B35D2C4CBA47874368FA6D480FD7

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt24-2019.pdf;jsessionid=06DF34B0859D9B0E21DA3126ED66D99C

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt25-2019.pdf;jsessionid=3E67ACDAEF11F9D44F82D426991742F2

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-nt2019/csnt27-2019.pdf;jsessionid=B8C3C245011CB89B322DECF2DCBC2F9F

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-tarr2019/cs07-2019.pdf;jsessionid=1CA48CD96B260DBC138612E7A9506EDD

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-tarr2019/cs08-2019.pdf;jsessionid=7C94A8EB283B073F1B6A10FF3CC7A2AF

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-tarr2019/cs09-2019.pdf;jsessionid=B94A784F4E4BD9E977652E2EC9C7016B

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-tarr2019/cs10-2019.pdf;jsessionid=2C84D47CFF8DEEA77A948BAB139D7750

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-tarr2019/cs11-2019.pdf;jsessionid=CCD5DEFA99FF83835700A7A3E2B8A9CB

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-circulars/cs-circulars-2019/Circular-No-10-12032019.pdf;jsessionid=9F0E2B33F06D59599734543B429BF0E2

Baker McKenzie


8461069-v8\WASDMS

54


CBIC Instructions

18-03-19 1/2019-Customs Instructions to step up preventive vigilance mechanism by CBIC field formations during Lok Sabha election process

DGFT Notifications

20-03-19 57/2015-2020 Extends exemption of Integrated Goods and Services Tax and Compensation Cess under Advance Authorization, EPCG and EOU Scheme upto 31 March, 2020

29-03-19 58 /2015-2020 New chapter 7 (A) added to the Foreign Trade Policy and scheme titled ‘Transport and Marketing Assistance for Specified Agriculture Products’ incorporated therein

29-03-19 59/2015-2020 Foreign Trade Policy amended to provide for Scheme for Rebate of State and Central Taxes and Levies notified by the Ministry of Textiles

DGFT Public Notices

06-03-19 77/2015-2020

Import of Flat-rolled products of Stainless Steel covered un-der ITC (HS) Codes: 7219 or 7220 under Advance Authori-sation deleted from Appendix 4J which provides for export obligation period for specified inputs with pre-import condi-tion

11-03-19 78/2015-2020 One time condonation under the EPCG Scheme extended till September 30, 2019

15-03-19 79/2015-2020 Online application format (ANF2-M) for obtaining import li-cense for Restricted items notified

22-0319

80/2015-2020 Time period for installation and operationalisation of radia-tion portal monitors and container scanner in designated ports extended till 30 June, 2019

81/2015-2020

Procedure for allocation of import quota for import of cal-cined pet coke for use as calcined pet coke in aluminium in-dustry and raw pet coke for calcined pet coke manufactur-ing industry notified

29-03-19

82 /2015-2020 Procedure and Aayat Niryat Form to avail Transport and Marketing Assistance for Specified Agriculture Products no-tified

83/2015-2020

Hand Book of Procedures amended to provide procedure to apply for Scheme for Rebate of State and Central Taxes and Levies notified by the Ministry of Textiles and recovery mechanism thereunder




MALAYSIA

Implementation of the uCustoms System

Background

Sistem Maklumat Kastam (“SMK”) is the current operating system for customs

declaration for import and export of goods. In a modernising initiative, the Royal

Malaysian Customs Department (“Customs”) is seeking to replace the SMK with

the Ubiquitous Customs system, otherwise known as the uCustoms: a single-

window, fully integrated, end-to-end system for customs clearance procedures.

The uCustoms has been in the works for a number of years and as it progresses

towards completion, we are pleased to provide an update on the status of the

uCustoms and what businesses can expect of it.

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-instructions/cs-instructions-2019/cs-ins-01-2019.pdf;jsessionid=085D1EC8EDBBE93A6D3084E80A90BEAD

http://dgft.gov.in/sites/default/files/Notification%20No%2057%20English.pdf

http://dgft.gov.in/sites/default/files/E%20noti%2058.pdf

http://dgft.gov.in/sites/default/files/Notification%20No.%2059%20dt.%2029.09.2019-English.pdf

http://dgft.gov.in/sites/default/files/Public%20Notice%20No%2077%20English.pdf

http://dgft.gov.in/sites/default/files/Public%20Notice%20%28English%29.pdf

http://dgft.gov.in/sites/default/files/PN-79%20dt-15.3.19%28E%29.pdf

http://dgft.gov.in/sites/default/files/Public%20Notice%20No.%2080%20dated%20%2022.03.2019%20eng.pdf

http://dgft.gov.in/sites/default/files/Public%20Notice%20No.%2081%20dated%20%2022.03.2019%20eng.pdf

http://dgft.gov.in/sites/default/files/Eng.%20PN%2082%20dt%2029.3.19_0.pdf

http://dgft.gov.in/sites/default/files/Public%20Notice%20No.%2083%20dt.%2029.09.2019-English.pdf

Baker McKenzie


8461069-v8\WASDMS

55

SMK and the Promise of uCustoms

1. Integrated End-to-end Solution for Customs Clearance

Currently, the SMK processes customs declarations, but it is not a fully auto-

mated nor fully integrated system. Whilst customs declarations are made through

the SMK, other import and export related procedures such as the procurement of

import or export permits from Permit Issuance Agencies and applications for cer-

tificates of origin are not integrated within SMK. Instead, some of these functions

are outsourced to DagangNet, a third-party service provider which is operated in-

dependently of SMK.

The uCustoms system seeks to provide a comprehensive platform to cover end-

to-end customs-related processes, where all customs-related applications and

declarations are processed under one single system to ensure shorter clearance

time, higher efficiency, simpler and more consistent procedures for import and

export transactions. It is anticipated that applications for import and export per-

mits, Strategic Trade Act-related permits, customs facilities, certificates of origin,

and payment of duties and taxes will be done through the uCustoms platform as

a single window once fully implemented.

2. Focus on User-Friendliness and Transparency

A key driver in the creation of the uCustoms was to enhance user-friendliness of

the system. To this end, the uCustoms system will have the following features:

it will operate 24/7;

it will be offered free-of-charge;

it will be easily accessible from a variety of devices as a web-based programme; and

it will be accessible by all players who are involved in the import and export clear-ance process. Businesses can register as users on uCustoms and be able to track the movement of goods through customs at every step, from the arrival of the goods at customs control (including the submission of manifest by the vessel operator and customs declaration) to the payment of the applicable duties and taxes and removal of the goods from customs control.

In view of the above, the uCustoms is expected to enhance transparency in the

customs processes and reduce the risk of fraud and corruption taking place as a

result.

3. Shift towards a Self-Assessment System

To administer customs clearance and assessment through uCustoms, four desig-

nated Strategic Centres will be established, each with their own specific man-

dates; namely:

National Targeting Centre (NTC) which will handle risk management, profiling and targeting of high risk vessels, cargo and passengers;

National Clearance Centre (NCC) which will handle the clearance and assess-ment for low-risk declarations, as well as to process medium and high-risk decla-rations;

Customs Examination Area (CEA) which is a complex for cargo clearance in-spections at all entrances and exits managed by the Special Inter Agency Task-force; and

Baker McKenzie


8461069-v8\WASDMS

56

Customs Call Centre (CCC) which will operate as a helpdesk and provide sup-port to uCustoms users and the business community.

We understand that the above Strategic Centres will be located in the Customs

headquarters and only limited Customs officers will be based at the state ports,

save for CEA officers who conduct physical inspections of cargos. As most cus-

toms clearances are processed and assessed electronically through the head-

quarters without physical inspection by Customs at the borders, there will be a

shift towards a self-assessment system whereby Customs will process declara-

tions made by importers and exporters primarily based on documentary evidence

provided to ensure quicker clearances and potentially focus more on post-impor-

tation audits.

uCustoms Implementation Timeline

According to the Mid-Term Review of the 11th Malaysian Plan issued last year,

the uCustoms was targeted to be fully implemented in early 2019. Given the

complexity of the system, however, the full implementation of the uCustoms has

been dogged by delays. Having said that, the pilot implementation of uCustoms

has already begun and the scope of the implementation is gradually expanded.

Effective from 5 March 2019, customs declaration for imports and exports

through Port Klang are expected to be submitted through uCustoms unless they

fall within certain exceptions, such as, cargos less than a container load (LCL),

goods subject to preferential tariff rate or duty and/or tax exemptions, or goods

subject to import and export permit or licence.

Customs has also called on businesses to register on the uCustoms and actively

provide trainings to educate businesses on the implementation of the uCustoms

to prepare businesses for the full roll out.

Conclusion

The introduction of the uCustoms system is much welcomed as its benefits are

potentially extensive and are touted to include consistent and streamlined proce-

dures, user-friendly system, cost and time savings on cross-border movement of

goods, and increased transparency. On a macro scale, it will improve the ease of

doing business in Malaysia, and its competitiveness and attractiveness as a trad-

ing hub.

As Malaysia's national single window, the uCustoms will eventually, once fully im-

plemented, be linked to the ASEAN single window which is envisaged to inte-

grate the national windows of all ASEAN countries with an aim to further ease

and smoothen customs processes for imports and exports within ASEAN, in fulfil-

ment of the ASEAN Economic Community initiatives.

For more information, please contact Adeline Wong, Ivy Tan or Kelvin Hong of

Wong & Partners, our Kuala Lumpur office.

SINGAPORE

Changes to Strategic Goods Transshipment and Transit Permit re-quirements

Effective 1 May 2019, the list of strategic goods being transshipped in or in transit

in Singapore needing a strategic goods permit will be expanded.

https://www.bakermckenzie.com/en/people/w/wong-adeline



Baker McKenzie


8461069-v8\WASDMS

57

Currently, under the Strategic Goods (Control) Act (“SGCA”) strategic goods per-

mits must be obtained when strategically controlled military and dual-use goods

are being exported from, transshipped in or brought in transit in Singapore. For

trade facilitation, the regime also provides strategic goods permit exemptions

when certain items are transshipped or brought into transit in Singapore’s Free

Trade Zones (“FTZs”) and meet the applicable transshipment / transit require-

ments.

The list of dual-use items ineligible for FTZ transshipment and transit strategic

goods permit exemptions will be expanded from 1 May 2019. There will also be

an expansion to military goods in transit ineligible for strategic goods permit ex-

emptions. Items that are not eligible for permit exemption when transshipping or

transiting in an FTZ are listed in the Fourth Schedule (Transshipment) and Fifth

Schedule (Transit) to the Strategic Goods (Control) Regulations. On 25 February

2019, Singapore Customs released Circular Number 04/2019 detailing a further

list of items across several code categories that will be added to the Fourth and

Fifth Schedules (effective 1 May 2019). We include a link to the circular here.

Examples of items needing a permit for transshipment or transit from 1 May

For military goods – naval vessels and components along with military aircraft

and components will no longer be eligible for transit permit exemptions. For dual-

use goods – specific codes under the special materials and related equipment,

materials processing, sensors and lasers, navigation and avionics, and aero-

space and propulsion categories will no longer be eligible for transshipment and

transit exemptions. From 1 May 2019, transshipment or transit (as applicable) of

the added items will require strategic goods permits under the SGCA, even if

their shipment activity is confined to FTZs.

Action to take

Most new additions to the Fourth and Fifth Schedules are specific to the sub-cat-

egory code level. Supply chains with sensitive technology and utilizing Singa-

pore FTZs will need to check if they currently rely on SGCA strategic goods per-

mit exemptions and if this changes 1 May 2019. If the goods fall under the newly

added category codes in the Fourth and Fifth Schedules, from 1 May 2019, stra-

tegic goods permits will need to be obtained.

For additional information, please contact the authors, Ken Chia and Anne Pet-

terd.

Notices, circulars, etc.

Date Reference Matter

25-03-19 Notice № 03/2019

Updates to Customs Circular No. 15/2017 Live Operation of the ASEAN Single Window (ASW) for the Electronic Ex-change of Form D under the ASEAN Trade in Goods Agree-ment of the ASEAN Free Trade Area ("ATIGA")

EUROPE, MIDDLE EAST AND NORTH AFRICA

EUROPEAN UNION AND EFTA

Commission publishes new consolidated version of the Explanatory Notes to the Combined Nomenclature

The International Trade Compliance

Update is a publication of the

Global International Commercial

and Trade Practice Group of Baker

McKenzie. Articles and comments

are intended to provide our readers

with information on recent legal de-

velopments and issues of signifi-

cance or interest. They should not

be regarded or relied upon as legal

advice or opinion. Baker McKenzie

advises on all aspects of Interna-

tional Trade law.

Comments on this Update may be sent to the Editor:

Stuart P. Seidel


A note on spelling, grammar

and dates--

In keeping with the global nature

of Baker McKenzie, the original

spelling, grammar and date format-

ting 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 auto-

mated program and are for infor-

mation purposes only. Depending

on the language, readers with the

Chrome browser should be able to

automatically get a rough to excel-

lent English translation.

Credits:

Unless otherwise indicated, all in-formation is taken from official inter-national 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 infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.




https://www.customs.gov.sg/-/media/cus/files/notices/2019/notice032019-ver-1.pdf




Baker McKenzie


8461069-v8\WASDMS

58

On 29 March 2019, the European Commission published the new consolidated

version of the Explanatory Notes to the Combined Nomenclature (CNEN) in 23

EU languages. It includes and, where appropriate, replaces those published in

the EU Official Journal, C series, up to 4 January 2019. CNENs published in the

Official Journal, C series, subsequent to that date remain in force and will be in-

corporated in the CNENs when revised.

The CNEN to the CN are considered to be an important aid for interpreting the

scope of the various tariff headings but do not have legally binding force. The

CNEN were established by Council Regulation (EEC) No 2658/87 on the tariff

and statistical nomenclature and on the Common Customs Tariff and are com-

plementary to, and used in conjunction with, the WCO Harmonised System Ex-

planatory Notes (HSEN).

EU extends UK withdrawal

By letter of 20 March 2019, the United Kingdom submitted a request for an ex-

tension of the period provided for in Article 50(3) TEU until 30 June 2019, with a

view to finalising the ratification of the Withdrawal Agreement. On 21 March

2019, the European Council announced that it had agreed to an extension on the

United Kingdom (UK) withdrawing from the EU until 22 May 2019, provided the

Withdrawal Agreement is approved by the House of Commons by 29 March 2019

at the latest. If the Withdrawal Agreement is not approved by the House of Com-

mons by 29 March 2019 at the latest, the European Council agrees to an exten-

sion until 12 April 2019 and expects the United Kingdom to indicate a way for-

ward before this date for consideration by the European Council. The European

Council reiterated that there can be no opening of the Withdrawal Agreement that

was agreed between the EU and the United Kingdom in November 2018. Any

unilateral commitment, statement or other act should be compatible with the let-

ter and the spirit of the Withdrawal Agreement. European Council Decision (EU)

2019/476 setting forth the terms of the extension was published in the Official

Journal on 22 March 2019.

Update to EU sanctions against Syria and Ukraine

On 4 March 2019, Regulation (EU) 2019/350 and Decision (CFSP) 2019/351 up-

dated Regulation (EU) No. 36/2012 (available here) and Decision

2013/255/CFSP (available here), concerning restrictive measures in view of the

situation in Syria. Seven individuals were added to the list of Designated Parties

to whom the freezing of funds and economic resources apply, and a number of

entries to the list amended. Regulation (EC) No 881/2002, imposing certain spe-

cific restrictive measures directed against certain persons and entities associated

with the ISIL (Da’esh) and Al-Qaida sanctions regime, was also updated by Reg-

ulation (EU) 2019/353 (available here) on the same date. One individual was

added to the list of Designated Parties.

Also on 4 March 2019, the European Council amended Annex I to Regulation

(EU) No. 208/2014 and the Decision 2014/119/CFSP, concerning restrictive

measures against certain persons, entities and bodies in view of the situation

in Ukraine (see Implementing Regulation (EU) 2019/352 and Decision (CFSP)

2019/354, here and here respectively). One individual has been removed from

the list of Designated Parties. A new section has been inserted concerning

“Rights of defence and right to effective judicial protection”, providing that certain

legal defence rights under the Code of Criminal Procedure of Ukraine that are or-

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.C_.2019.119.01.0001.01.ENG&toc=OJ:C:2019:119:TOC

https://www.consilium.europa.eu/en/press/press-releases/2019/03/21/european-council-art-50-conclusions-21-march-2019/

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.LI.2019.080.01.0001.01.ENG&toc=OJ:L:2019:080I:TOC




https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.064.01.0005.01.ENG&toc=OJ:L:2019:064:TOC

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R0352&from=EN

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019D0354&from=EN

Baker McKenzie


8461069-v8\WASDMS

59

dinarily applicable to persons who are suspected or accused in criminal proceed-

ings will also apply to the individuals listed under Regulation (EU) 2019/352 and

Decision (CFSP) 2019/354.

If you have any questions, please contact the authors, Sunny Mann and Ross L.

Denton.

Commission opens consultation of EU-US regulatory cooperation

The European Commission has opened a consultation with stakeholders relating

to regulatory cooperation activities with the United States as a follow up to the 25

July 2018 meeting between the President of the US and the President of the Eu-

ropean Commission. An interim progress report was published on 30 January,

providing a detailed overview on the state of the work of the Executive Working

Group, which was formed after the July meeting, and lists a number of concrete

actions where regulatory cooperation can facilitate transatlantic trade such as

pharmaceuticals, medical devices and cybersecurity, by lowering regulatory bar-

riers. Similar progress reports will be published at regular intervals as the discus-

sions with the US progress. Stakeholder input will be instrumental to making pro-

gress and identify solutions that allow us to facilitate trade while maintaining, if

not enhancing, levels of regulatory protection.

The European Commission is inviting comments from all interested stakeholder

groups on potential areas for regulatory co-operation with the United States. In

particular, comments in the following areas are welcome:

Conformity Assessment: a possible future agreement on conformity assessment aiming at a horizontal approach to facilitate the acceptance of certificates issued by the conformity assessment bodies of the other Party in a number of selected sectors such as electric and electronic equipment, machinery, medical devices, toys, recreational crafts, pressure equipment, construction products, measuring instruments etc. In this regard, the Commission would welcome input by stake-holders, in particular on the barriers exporters face and the difficulties that con-formity assessment bodies face in seeking accreditation in the other party;

Dialogue on standards: the EU and the US for historical reasons adopted diver-gent standards in many sectors, leading to high adaptation costs for exporters. In order to facilitate trade in the future and increase regulatory convergence, cooper-ation on standards would focus especially on areas where no standards exist yet. Additive manufacturing, robotics and technical textiles have been identified as possible areas of cooperation. The Commission is also interested in receiving stakeholder input regarding other possible standard areas where such coopera-tion could bring trade benefits.

Regulatory cooperation in sectors: the Commission would want to receive stake-holder input on concrete initiatives for regulatory cooperation in sectors with the potential of facilitating bilateral trade, while fully respecting EU levels of protection.

The closing date for the consultation is 23 April 2019. The European Commission

will make public all written submissions received in response to this call for pro-

posals. Submissions should be made to: TRADE-EU-US-REG-COOP-CONSUL-

[email protected].




http://trade.ec.europa.eu/doclib/docs/2019/march/tradoc_157722.Final%20(002).pdf

http://trade.ec.europa.eu/doclib/docs/2019/january/tradoc_157651.pdf



Baker McKenzie


8461069-v8\WASDMS

60

Commission issues no tariff classification regulations

No tariff classification regulations were issued by the European Commission dur-

ing the period covered by this Update.

Commission repeals regulation classifying defatted soya bean product under CN subheading 2309 90 31

Commission Implementing Regulation (EU) 2019/368 of 4 March 2019 published

in the Official Journal of the European Union on 7 March 2019, repealed Imple-

menting Regulation (EU) No 444/2013 of 7 May 2013 concerning the classifica-

tion of a product obtained from defatted soya beans after the extraction of the oil,

further extracted with water and ethanol to remove soluble carbohydrates and

minerals (‘product concerned’). Regulation 444/2013 classified the product under

subheading 2309 90 31 of the Combined Nomenclature as ‘other preparations of

a kind used in animal feeding’. At the time of adoption of Implementing Regula-

tion (EU) No 444/2013, the only analytical method to be applied to the product

concerned was the polarimetric method. Commission Implementing Regulation

(EU) 2017/68 of 9 January 2017 added ‘soya products’ to the list of feed materi-

als set out in Article 1 of Regulation (EC) No 121/2008 of 11 February 2008, in

respect of which the starch content of preparations of a kind used in animal feed-

ing (heading 2309) is to be determined using the enzymatic analytical method.

Regulation 444/2013 is being repealed in the interest of legal certainty as regards

the tariff classification of products of heading 2309 based on soya products and

in order to ensure the uniform application of the Combined Nomenclature within

the Union. Binding tariff information (BTI) issued on the basis of Implementing

Regulation (EU) No 444/2013 in respect of the goods concerned may continue to

be invoked by the holder in accordance with Article 34(9) of Regulation (EU)

No 952/2013 for a period of three months from entry into force of Regulation (EU)

2019/368. The Regulation shall enter into force on the twentieth day following

that of its publication in the Official Journal.


See separate section below for amendments to the Explanatory Notes to the

Combined Nomenclature of the European Union that were published in the Offi-

cial Journal during the period covered by this Update. [On 29 March 2019, the

European Commission published the new consolidated version of the Explana-

tory Notes to the Combined Nomenclature (CNEN) in 23 EU languages. It in-

cludes and, where appropriate, replaces those published in the EU Official Jour-

nal, C series, up to 4 January 2019. CNENs published in the Official Journal, C

series, subsequent to that date remain in force and will be incorporated in the

CNENs when revised.]

Binding Tariff Information

The European Community has created the Binding Tariff Information (BTI) sys-

tem as a tool to assist economic operators to obtain the correct tariff classifica-

tion for goods they intend to import or export.

Binding Tariff Information is issued on request to economic operators by the cus-

toms authorities of the Member States. It is valid throughout the Community, re-

gardless of the Member State which issued it. For information about an existing

BTI, you may want to contact the customs administration of the Member State

which issued it. However, remember that, according to the provisions for data

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2019:066:FULL&from=EN

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=OJ:L:2013:130:TOC







http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2018.110.01.0024.01.ENG&toc=OJ:C:2018:110:TOC

Baker McKenzie


8461069-v8\WASDMS

61

protection, there are limitations as to the information an administration can pro-

vide. 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 sub-

stances and fishing rights) were published in the Official Journal of the European

Union:

OJ Date Subject

04-03-19

Council Decision (EU) 2019/349 of 22 February 2019 establishing the position to be taken on behalf of the European Union within the Committee on Govern-ment Procurement of the World Trade Organisation on the accession of the United Kingdom of Great Britain and Northern Ireland to the Revised Agreement on Government Procurement in the context of its withdrawal from the European Union

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2019 to 31 January 2019 (Published pur-suant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2019/C 80/01]

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2019 to 31 January 2019(Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2019/C 80/02]

06-03-19

Commission Implementing Regulation (EU) 2019/366 of 5 March 2019 amend-ing Annex I to Regulation (EU) No 605/2010 as regards the list of third countries or parts thereof from which the introduction into the European Union of consign-ments of raw milk, dairy products, colostrum and colostrum-based products is authorised

Opinion of the European Central Bank of 13 February 2019 on a proposal for a Council Decision on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (CON/2019/6) [2019/C 84/01]

07-03-19

Commission Implementing Regulation (EU) 2019/368 of 4 March 2019 repealing Implementing Regulation (EU) No 444/2013 concerning the classification of cer-tain goods in the Combined Nomenclature [see summary above]

Commission Delegated Directive (EU) 2019/369 of 13 December 2018 amend-ing the Annex to Council Framework Decision 2004/757/JHA as regards the in-clusion of new psychoactive substances in the definition of ‘drug’

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 85/02]


08-03-19

Commission Implementing Regulation (EU) 2019/370 of 7 March 2019 amend-ing Regulation (EC) No 1635/2006 laying down detailed rules for the application of Council Regulation (EEC) No 737/90, by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council

http://ec.europa.eu/taxation_customs/dds2/ebti/ebti_consultation.jsp?Lang=en

https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.L_.2019.063.01.0012.01.ENG&toc=OJ:L:2019:063:TOC
















































Baker McKenzie


8461069-v8\WASDMS

62

OJ Date Subject

concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 89/05]

11-03-19

Council Decision (EU) 2019/381 of 4 March 2019 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Annex II (Technical regulations, standards, testing and certifi-cation) and Annex XI (Electronic communication, audiovisual services and infor-mation society) to the EEA Agreement

Council Decision (EU) 2019/380 of 4 March 2019 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning the amendment of Annex IX (Financial services) and Annex XIX (Consumer pro-tection) to the EEA Agreement

Decision No 1/2019 of the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Commu-nity and its Member States, of the one part, and the Central Africa Party, of the other part, of 18 February 2019 concerning the accession of the Republic of Croatia to the European Union [2019/384]

12-03-19

Council Decision (EU) 2019/385 of 4 March 2019 on the conclusion of the Pro-tocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d'Ivoire (2018-2024)

Commission Implementing Regulation (EU) 2019/386 of 11 March 2019 laying down rules with regard to the apportionment of tariff rate quotas for certain agri-cultural products included in the WTO schedule of the Union following the with-drawal of the United Kingdom from the Union and with regard to import licences issued and import rights allocated under those tariff rate quotas

Commission Implementing Regulation (EU) 2019/387 of 11 March 2019 author-ising an extension of use of Schizochytrium sp. (ATCC PTA-9695) oil as a novel food and the change of the designation and of the specific labelling requirement of Schizochytrium sp. (ATCC PTA-9695) oil under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Im-plementing Regulation (EU) 2017/2470

Decision No 1/2019 of the Trade and Development Committee established un-der the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part of 18 February 2019 on the establishment of a list of arbitrators [2019/391]


Common Military List of the European Union [2019/C 95/01]

13-03-19

Council Decision (EU) 2019/392 of 4 March 2019 on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community

Commission Implementing Regulation (EU) 2019/398 of 8 March 2019 amend-ing Regulation (EC) No 616/2007 as regards some additional tariff quotas in the sector of poultrymeat and derogating from that Regulation for the quota year 2018/2019

Council Decision (EU) 2019/399 of 7 March 2019 on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 3, 4, 6, 7, 9, 10, 19, 23, 27, 38, 41, 48, 50, 51, 53, 55, 58, 62, 67, 69, 70, 73, 74, 77, 86, 87, 91, 92, 98, 104, 106, 107, 110, 112, 113, 116, 119, 122, 123 and 128, the proposal for an amendment to the Consoli-dated Resolution R.E.5, the proposals for four new UN Regulations, and the proposal for an amendment to Schedule 4 of the Revised 1958 Agreement

Corrigendum to Commission Implementing Regulation (EU) 2018/1565 of 17 October 2018 concerning the authorisation of a preparation of endo-1,4-beta-mannanase produced by Paenibacillus lentus (DSM 28088) as a feed additive

for chickens for fattening, chickens reared for laying and minor poultry species other than laying birds, turkeys for fattening, turkeys reared for breeding,






























































Baker McKenzie


8461069-v8\WASDMS

63

OJ Date Subject

weaned piglets, pigs for fattening and minor porcine species (holder of authori-sation Elanco GmbH) ( OJ L 262, 19.10.2018 )


Notice concerning the annulment of Commission Delegated Regulation (EU) No 665/2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners [2019/C 96/08]

14-03-19

Council Decision (EU) 2019/400 of 22 January 2019 on the signing, on behalf of the Union, of the Status Agreement between the European Union and the Re-public of Serbia on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia

Commission Implementing Regulation (EU) 2019/403 of 13 March 2019 grant-ing a Union authorisation for the biocidal product family ‘Deosan Activate BPF based on Iodine’

Commission Implementing Decision (EU) 2019/404 of 12 March 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-fied under document C(2019) 1833)

Regulation No 120 of the Economic Commission for Europe of the United Na-tions (UN/ECE) — Uniform provisions concerning the approval of internal com-bustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to the measurement of the net power, net torque and specific fuel consumption [2019/405]

EFTA Surveillance Authority Delegated Decision No 90/18/COL of 11 October 2018 amending the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area listing border inspection posts in Iceland and Norway agreed for veterinary checks on live animals and animal products from third countries and repealing EFTA Surveillance Authority Decision No 111/15/COL [2019/406]

15-03-19

Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on gen-eral product safety and its notification system (notified under document C(2018) 7334)

18-03-19

Information concerning the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an association between the Eu-ropean 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 Cro-atia to the European Union

Commission Implementing Regulation (EU) 2019/423 of 13 March 2019 grant-ing a Union authorisation for the biocidal product family ‘Teat disinfectants bio-cidal product family of Novadan’

19-03-19

Commission Delegated Regulation (EU) 2019/429 of 11 January 2019 supple-menting Regulation (EU) 2017/821 of the European Parliament and of the Council as regards the methodology and criteria for the assessment and recog-nition of supply chain due diligence schemes concerning tin, tantalum, tungsten and gold

Council Decision (EU) 2019/433 of 20 February 2018 on the position to be taken on behalf of the European Union within the Association Committee meeting in Trade configuration established by the Association Agreement between the Eu-ropean Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, concern-ing the update of Annexes XXVIII-A (Rules applicable to financial services), XXVIII-B (Rules applicable to telecommunication services) and XXVIII-D (Rules applicable to international maritime transport) to the Agreement




























































Baker McKenzie


8461069-v8\WASDMS

64

OJ Date Subject

Commission Implementing Decision (EU) 2019/436 of 18 March 2019 on the harmonised standards for machinery drafted in support of Directive 2006/42/EC of the European Parliament and of the Council

Decision No 1/2019 of the Joint Council established under the economic part-nership agreement between the European Union and its Member States, of the one part, and the SADC EPA states, of the other part of 19 February 2019 on the adoption of the rules of procedure of the Joint Council and of the Trade and Development Committee [2019/437]

Decision No 2/2019 of the Joint Council established under the Economic Part-nership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, of 19 February 2019 on the adoption of the Rules of Procedure for dispute avoidance and settlement and the Code of Conduct for arbitrators and mediators [2019/438]

20-03-19

Commission Implementing Regulation (EU) 2019/444 of 19 March 2019 amend-ing Implementing Regulation (EU) 2015/2447 as regards the forms for guaran-tor's undertakings and the inclusion of air transport costs in the customs value in view of the withdrawal of the United Kingdom from the Union

Commission Implementing Regulation (EU) 2019/446 of 19 March 2019 amend-ing and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the ar-rangements for imports of organic products from third countries

21-03-19

Council Decision (EU) 2019/453 of 19 March 2019 on the signing, on behalf of the Union, of the Status Agreement between the European Union and Montene-gro on actions carried out by the European Border and Coast Guard Agency in Montenegro

Commission Implementing Regulation (EU) 2019/454 of 20 March 2019 con-cerning the authorisation of preparations of alpha-amylase from Bacillus amylo-liquefaciensDSM 9553, Bacillus amyloliquefaciens NCIMB 30251, or Aspergillus oryzae ATCC SD-5374, as well as a preparation of endo-1,4-beta-glucanase from Trichoderma reeseiATCC PTA-10001 as silage additives for all animal

species

Commission Implementing Regulation (EU) 2019/455 of 20 March 2019 making imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America subject to registration

Commission Implementing Regulation (EU) 2019/456 of 20 March 2019 author-ising the change of the specifications of the novel food coriander seed oil from Coriandrum sativum under Regulation (EU) 2015/2283 of the European

Parliament and of the Council and amending Commission Implementing Regu-lation (EU) 2017/2470

Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct in-vestments into the Union

22-03-19

Commission Implementing Decision (EU) 2019/469 of 20 March 2019 amending Implementing Decision 2014/909/EU as regards the period of application of the protective measures in relation to small hive beetle in Italy (notified under docu-ment C(2019) 2044)

Commission Implementing Decision (EU) 2019/470 of 20 March 2019 repealing Decision 2005/779/EC concerning animal health protection measures against swine vesicular disease in Italy (notified under document C(2019) 2045)

Commission Implementing Decision (EU) 2019/471 of 20 March 2019 approving the plan for the eradication of African swine fever in feral pigs in certain areas of Hungary (notified under document C(2019) 2073)

European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3)TEU

25-03-19

Notice concerning the date of entry into force of the Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China in connection with DS492 European Union — Measures affecting Tariff Concessions on Certain Poultry Meat Products

Council Decision (EU) 2019/477 of 12 March 2019 on the conclusion of a Proto-col to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the














https://eur-lex.europa.eu/TodayOJ/fallbackOJ/l_07720190320en.pdf


























https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.LI.2019.079.01.0001.01.ENG&toc=OJ:L:2019:079I:TOC






















Baker McKenzie


8461069-v8\WASDMS

65

OJ Date Subject

Hashemite Kingdom of Jordan, of the other part, to take account of the acces-sion of the Republic of Bulgaria and Romania to the European Union

Commission Delegated Regulation (EU) 2019/478 of 14 January 2019 amend-ing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts

Commission Implementing Regulation (EU) 2019/481 of 22 March 2019 approv-ing the active substance flutianil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the plac-ing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

Commission Implementing Decision (EU) 2019/484 of 21 March 2019 approving the plan for the eradication of African swine fever in feral pigs in certain areas of Bulgaria(notified under document C(2019) 2133)

Regulation (EU) 2019/474 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 952/2013 laying down the Union Customs Code

26-03-19

Commission Implementing Decision (EU) 2019/489 of 25 March 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-fied under document C(2019) 2338)

Commission Implementing Decision (EU) 2019/490 of 25 March 2019 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2019) 2347)

27-03-19

Commission Implementing Regulation (EU) 2019/506 of 26 March 2019 author-ising the placing on the market of D-ribose as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470

Commission Decision (EU) 2019/511 of 26 March 2019 amending the Annex to the Monetary Agreement between the European Union and the Vatican City State

Commission Decision (EU) 2019/512 of 26 March 2019 updating Annex A to the Monetary Agreement between the European Union and the Principality of Mon-aco

Regulation (EU) 2019/491 of the European Parliament and of the Council of 25 March 2019 in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the Union

Regulation (EU) 2019/492 of the European Parliament and of the Council of 25 March 2019 amending Regulation (EC) No 391/2009 with regard to the with-drawal of the United Kingdom from the Union

Regulation (EU) 2019/494 of the European Parliament and of the Council of 25 March 2019 on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union

Regulation (EU) 2019/496 of the European Parliament and of the Council of 25 March 2019 amending Council Regulation (EC) No 428/2009 by granting a Union general export authorisation for the export of certain dual-use items from the Union to the United Kingdom

Corrigendum to Regulation (EU) 2019/216 of the European Parliament and of the Council of 30 January 2019 on the apportionment of tariff rate quotas in-cluded in the WTO schedule of the Union following the withdrawal of the United Kingdom from the Union, and amending Council Regulation (EC) No 32/2000 (OJ L 38, 8.2.2019)

28-03-19

Commission Regulation (EU) 2019/521 of 27 March 2019 amending, for the pur-poses of its adaptation to technical and scientific progress Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, la-belling and packaging of substances and mixtures

Commission Implementing Regulation (EU) 2019/522 of 27 March 2019 amend-ing Implementing Regulation (EU) No 1191/2014 as regards the reporting of






























































Baker McKenzie


8461069-v8\WASDMS

66

OJ Date Subject

data on production and on imports and exports of polyols containing hydro-fluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014

Commission Implementing Directive (EU) 2019/523 of 21 March 2019 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Council Decision (EU) 2019/524 of 21 March 2019 on the position to be taken on behalf of the European Union within the Joint Committee established by the Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Japan, of the other part, as regards the adoption of Rules of Procedure for the Joint Committee

Commission Implementing Decision (EU) 2019/525 of 26 March 2019 amending Decision 2011/163/EU on the approval of plans submitted by third countries in accordance with Article 29 of Council Directive 96/23/EC (notified under docu-ment C(2019) 2208)

Commission Decision (EU) 2019/526 of 27 March 2019 amending the Annex to the Monetary Agreement between the European Union and the Republic of San Marino

Commission Decision (EU) 2019/527 of 27 March 2019 amending the Annex to the Monetary Agreement between the European Union and the Principality of Andorra

Council Decision (EU) 2019/485 of 5 March 2019 on the conclusion of the rele-vant Agreements under Article XXI of the General Agreement on Trade in Ser-vices with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Phil-ippines, Switzerland and the United States, on the necessary compensatory ad-justments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lith-uania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union

Joint letter from the European Communities and its Member States on the one part, and Australia, on the other part, pursuant to paragraph 5 of the Procedures for the Implementation of Article XXI of the General Agreement on Trade in Ser-vices (GATS) (S/L/80 of 29 October 1999) relating to the modifications proposed in the GATS Schedules of the European Communities and its Member States (hereafter the EC) to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Repub-lic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden to the European Communities

Joint letter from the European Communities and its Member States on the one part, and Argentina, on the other part, pursuant to paragraph 5….

Joint letter from the European Communities and its Member States on the one part, and Brazil, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and Canada, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and China, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and Colombia, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and Cuba, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and Ecuador, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and Hong Kong, China, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and India, on the other part, pursuant to paragraph 5 ….

Joint letter from the European Communities and its Member States on the one part, and Japan, on the other part, pursuant to paragraph 5….































https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.L_.2019.087.01.0001.01.ENG&toc=OJ:L:2019:087:TOC#L_2019087EN.01000301






























Baker McKenzie


8461069-v8\WASDMS

67

OJ Date Subject

Joint letter from the European Communities and its Member States on the one part, and the Republic of Korea, on the other part, pursuant to paragraph 5….

Joint letter from the European Communities and its Member States on the one part, and New Zealand, on the other part, pursuant to paragraph 5….

Joint letter from the European Communities and its Member States on the one part, and the Philippines, on the other part, pursuant to paragraph 5….

Joint letter from the European Communities and its Member States on the one part, and Switzerland, on the other part, pursuant to paragraph 5….

Joint letter from the European Communities and its Member States on the one part, and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Ma-tsu, on the other part, pursuant to paragraph 5…..

Joint letter from the European Communities and its Member States on the one part, and the United States of America, on the other part, pursuant to paragraph 5….

28-03-19

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 116/02

29-03-19

Explanatory Notes to the Combined Nomenclature [2019/C 119/01] (148.6 MB)

Council Decision (EU) 2019/528 of 6 November 2018 on the conclusion, on be-half of the Union, of the Agreement for scientific and technological cooperation between the European Union and the Kingdom of Morocco setting out the terms and conditions for the participation of the Kingdom of Morocco in the Partner-ship for Research and Innovation in the Mediterranean Area (PRIMA)

Commission Implementing Regulation (EU) 2019/530 of 27 March 2019 desig-nating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phyto-plasmas

Commission Implementing Regulation (EU) 2019/533 of 28 March 2019 con-cerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin

Commission Directive (EU) 2019/514 of 14 March 2019 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products

Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008

Regulation (EU) 2019/519 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 February 2019 to 28 February 2019(Published pur-suant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2019/C 118/01]

Restrictive measures established, amended, corrected

During the past month, the following restrictive measures were established,

amended or corrected:

OJ Date Restrictive Measure

04-03-19 Council Implementing Regulation (EU) 2019/350 of 4 March 2019 implement-ing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria




















































Baker McKenzie


8461069-v8\WASDMS

68

OJ Date Restrictive Measure

Council Implementing Decision (CFSP) 2019/351 of 4 March 2019 implement-ing Decision 2013/255/CFSP concerning restrictive measures against Syria

05-03-19

Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implement-ing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain per-sons, entities and bodies in view of the situation in Ukraine

Commission Implementing Regulation (EU) 2019/353 of 4 March 2019 amend-ing for the 295th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities as-sociated with the ISIL (Da'esh) and Al-Qaida organisations

15-03-19

Council Implementing Regulation (EU) 2019/408 of 14 March 2019 implement-ing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and in-dependence of Ukraine

Council Implementing Regulation (EU) 2019/409 of 14 March 2019 implement-ing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and in-dependence of Ukraine

Council Decision (CFSP) 2019/415 of 14 March 2019 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions under-mining or threatening the territorial integrity, sovereignty and independence of Ukraine

Council Decision (CFSP) 2019/416 of 14 March 2019 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions under-mining or threatening the territorial integrity, sovereignty and independence of Ukraine

19-03-19

Commission Implementing Regulation (EU) 2019/431 of 18 March 2019 amending for the 296th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and enti-ties associated with the ISIL (Da'esh) and Al-Qaida organisations

Commission Implementing Regulation (EU) 2019/432 of 18 March 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

22-03-19

Council Implementing Regulation (EU) 2019/459 of 21 March 2019 implement-ing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

Council Decision (CFSP) 2019/468 of 21 March 2019 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain per-sons, entities and bodies in view of the situation in Egypt

Council Decision (CFSP) 2019/467 of 21 March 2019 amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina

27-03-19

Commission Implementing Regulation (EU) 2019/507 of 26 March 2019 amending for the 297th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and enti-ties associated with the ISIL (Da'esh) and Al-Qaida organisations

28-03-19

Corrigendum to Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine ( OJ L 64, 5.3.2019 )

Corrigendum to Council Decision (CFSP) 2019/354 of 4 March 2019 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine ( OJ L 64, 5.3.2019 )

























































Baker McKenzie


8461069-v8\WASDMS

69




Individual Countries

FRANCE

Customs and the Dual-Use Goods Service (SBDU) are implement-ing new features facilitating the export of dual-use goods

On 26 March 2019, the Directorate-General of Customs and Indirect Taxes

(DGDDI) announced that Customs and the Dual-Use Goods Service (SBDU) are

implementing new features facilitating the export of dual-use goods. The link be-

tween DELT@-G and EGIDE (Dual Use Goods Service Information System) is

part of the ongoing deployment of the National Single Customs Clearance Win-

dow (Guichet Unique National du dédouanement or GUN).

The second version of the GUN link offers important new features over the origi-

nal June 2018 deployment. This version now makes it possible to process via the

GUN the exports of dual-use goods authorized in dematerialized global licenses

including all the recipients of a given country.

It also allows a more detailed control of the scope of the consignee of the cus-

toms declaration (company name, track, city, country ...). GUN now offers greater

granularity of error patterns on these fields.

In addition, the SBDU decided to extend the dematerialization of export licenses

for dual-use goods, which are no longer issued in paper form except under spe-

cific exceptions (notably for temporary exports).

Licenses issued since January 2, 2019 via the EGIDE portal (accessible with a

strong authentication key) are dematerialized: the cerfa form and the license as-

signment form are now exclusively accessible via EGIDE.

For operators filing three or fewer license applications per year, the SBDU also

provides an EGIDE “Visitor” portal (accessible without an authentication key) for

filing a tele-license application. Notifications are then sent by email.

Official Gazette (Journal officiel)

Date Measure

02-03-19 ACTION & PUBLIC ACCOUNTS: 22 Order of 27 February 2019 amending the list of

customs offices and indirect rights

05-03-19

ACTION & PUBLIC ACCOUNTS: 16 Order of 1 February 2019 made in application of

the provisions of Article 265g of the Customs Code

ACTION & PUBLIC ACCOUNTS: 17 Order of 19 February 2019 amending the Order

of 25 June 2008 adopted for the application of the provisions of Article 3 (a) of Article 265a of the Customs Code relating to energy products, referred to in Arti-cle 265 of the same Code, which are intended to be used for the production of electricity, and laying down the measures which suppliers, distributors and users of such products must comply with for the purposes of the tax audit

15-03-19

ECONOMY & FINANCE: 19 Decree of 20 February 2019 dematerializing the proce-

dures for applying for and issuing export authorizations for dual-use goods, amending the Decree of 13 December 2001 on the control of exports to third countries and the transfer to third countries Member States of the European Community of dual-use goods and technologies

http://www.douane.gouv.fr/articles/a16207-gun-nouveautes-de-la-liaison-delta-egide-exportations-de-biens-a-double-usage

http://www.douane.gouv.fr/articles/a12557-le-guichet-unique-national-du-dedouanement-gun

http://www.douane.gouv.fr/articles/a12557-le-guichet-unique-national-du-dedouanement-gun

https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=9D63B34B3F3699FDDFC04F84A0288167.tplgfr43s_1?cidTexte=JORFTEXT000038190547&dateTexte=&oldAction=rechJO&categorieLien=id&idJO=JORFCONT000038190374










https://translate.googleusercontent.com/translate_c?depth=1&hl=en&rurl=translate.google.com&sl=fr&sp=nmt4&tl=en&u=https://www.legifrance.gouv.fr/affichTexte.do%3Bjsessionid%3DF481C9D1247EA10FED05751BAC3608F1.tplgfr25s_2%3FcidTexte%3DJORFTEXT000038229901%26dateTexte%3D%26oldAction%3DrechJO%26categorieLien%3Did%26idJO%3DJORFCONT000038229724&xid=25657,15700023,15700186,15700190,15700248,15700253&usg=ALkJrhhJQU-zn9TLyUv0enxeXwjo_YQnVw





Baker McKenzie


8461069-v8\WASDMS

70

Date Measure

ACTION & PUBLIC ACCOUNTS: 22 Decree No. 2019-187 of 13 March 2019 on the

traceability system for tobacco products

28-03-19

ECO & SOLIDARITY TRANSITION, ETC.: 33 Report to the President of the Republic

relating to Ordinance No. 2019-236 of 27 March 2019 derogating from Article L. 551-2 of the Environment Code necessary for the urgent realization of the works required by the restoration border controls with the United Kingdom as a result of the withdrawal of that State from the European Union and amending Ordi-nance No 2019-75 of 6 February 2019 on measures to prepare the withdrawal of the United Kingdom from the United Kingdom European Union in financial ser-vices

ECO & SOLIDARITY TRANSITION, ETC.: 34 Ordinance no 2019-236 of 27 March 2019

derogating from Article L. 551-2 of the Environment Code necessary for the ur-gent completion of the work required for the reinstatement of border controls with the United Kingdom because of the withdrawal of that State from the Euro-pean Union and amending Ordinance No 2019-75 of 6 February 2019 on measures to prepare the withdrawal of the United Kingdom from the European Union in the field of financial services

Notices to importers

The following notices were posted by Directorate General of Customs and Indi-

rect Taxes (For laws and regulations, decrees, etc. please see listings under

Other EU-EFTA Notices - Import-export related measures, below) :

Release Date

Ref. No. and Subject

05-03-19 19-011 Application of late payment interest in the event of late payment of certain debts recovered by the accountants of the Directorate-General for Customs and Excise

20-03-19 2019/15-Notice to importers of certain prepared or preserved citrus fruits originat-ing in the People's Republic of China

21-03-19 2019/16-Notice to importers of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States

25-03-19

2019/17-Notice to Importers of Ceramic Tableware and Kitchenware from the People's Republic of China

2019/18-Notice to importers of certain types of polyethylene terephthalate origi-nating in India

2019/19-Notice to importers of goods originating in the United Kingdom

27-03-19 19-012 Duties and taxes applicable to energy products as of April 1, 2019

SWITZERLAND

Swiss-UK Agreement on Customs Facilitation and Security

On 20 March 2019, the Swiss Federal Customs Administration (FCA) issued the

following Information:

Agreement on Customs Facilitation and Security: Bilateral traffic between Switzerland and United Kingdom of Great Britain and Northern Ireland

It is currently unclear what status the United Kingdom of Great Britain and Northern Ireland (UK) will have following its withdrawal from the European Union (EU) on 29 March 2019. If there is a disorderly withdrawal, additional security data must be en-tered in the customs declaration for goods traffic between Switzerland and the UK.

Relations between Switzerland and the UK are currently largely based on bilateral agreements with the EU which will no longer be applicable to the UK after withdrawal from the EU (or after the end of a transitional phase).

https://translate.googleusercontent.com/translate_c?depth=1&hl=en&rurl=translate.google.com&sl=fr&sp=nmt4&tl=en&u=https://www.legifrance.gouv.fr/affichTexte.do%3Bjsessionid%3DF481C9D1247EA10FED05751BAC3608F1.tplgfr25s_2%3FcidTexte%3DJORFTEXT000038229990%26dateTexte%3D%26oldAction%3DrechJO%26categorieLien%3Did%26idJO%3DJORFCONT000038229724&xid=25657,15700023,15700186,15700190,15700248,15700253&usg=ALkJrhgwLw_pk6A1D_C7woJ6Pmwew1g3tw

https://translate.googleusercontent.com/translate_c?depth=1&hl=en&rurl=translate.google.com&sl=fr&sp=nmt4&tl=en&u=https://www.legifrance.gouv.fr/affichTexte.do%3Bjsessionid%3DF481C9D1247EA10FED05751BAC3608F1.tplgfr25s_2%3FcidTexte%3DJORFTEXT000038229990%26dateTexte%3D%26oldAction%3DrechJO%26categorieLien%3Did%26idJO%3DJORFCONT000038229724&xid=25657,15700023,15700186,15700190,15700248,15700253&usg=ALkJrhgwLw_pk6A1D_C7woJ6Pmwew1g3tw

https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=F96A944EE8930F675A73B05D28A8B854.tplgfr22s_2?cidTexte=JORFTEXT000038277350&dateTexte=&oldAction=rechJO&categorieLien=id&idJO=JORFCONT000038277048















http://www.douane.gouv.fr/datadouane/c789-2014-avis-aux-importateurs

http://www.douane.gouv.fr/informations/bulletins-officiels-des-douanes?fichier=Finances%20et%20achats_19-011.pdf



http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-importateur-expiration-mesures-certains-agrumes-prepares-ou-conserves-chine.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-importateur-expiration-mesures-certains-agrumes-prepares-ou-conserves-chine.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-enregistrements-ammonium-russie-eu-trinite.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-enregistrements-ammonium-russie-eu-trinite.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-enregistrements-contournement-ceramique-chine.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-enregistrements-contournement-ceramique-chine.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-importateur-reexamen-expiration-mesures-polyethylene-terephtalate-inde.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-importateur-reexamen-expiration-mesures-polyethylene-terephtalate-inde.pdf

http://www.douane.gouv.fr/Portals/0/fichiers/datadouane/avis-importateurs/2019/avis-importateur-modalites-brexit.pdf

http://www.douane.gouv.fr/informations/bulletins-officiels-des-douanes?da=19-012

Baker McKenzie


8461069-v8\WASDMS

71

Should the UK's departure be disorderly (no deal or hard Brexit), the bilateral trade agreement between Switzerland and the UK will be applied provisionally from the date of departure1 . Goods traffic between Switzerland and the UK will be subject to prior notification.

Further information: More security for the supply chain2

Should the EU and the UK agree on a withdrawal agreement within this period, the Customs Facilitation and Security Agreement between Switzerland and the EU would continue to apply in the relationship between Switzerland and the UK during a transi-tional phase until at least 31 December 2020.

----------------------------------------------------------------------------

1 The leaving date is planned for 29.03.2019. However, it cannot be excluded that the date will be postponed. In this case, the date of provisional application of the trade agreement changes, but the information contained in this document remains valid.

2 Pre-arrival notification security (Security amendment) e-dec Export and Pre-arrival notification security (Security amendment) Export and Transit by NCTS

Swiss Government announces restriction on licences for war mate-rials exported to Lebanon

The Swiss Government recently announced that licences will no longer be per-

mitted for war materials (“Kreigsmaterial”) exported to end users in Lebanon.

Previously, a licence could be obtained for war materials supplied to groups re-

sponsible for the protection of Politically Exposed Persons, subject to a declara-

tion of no re-export without written Swiss permission and on-site checks. The

change in approach resulted from a post-shipment verification in 2018, which al-

lowed only for the physical verification of 9 out of 40 military rifles and pistols, de-

spite an export licence having been granted in 2016. Moving forward, Swiss li-

cences will no longer be available for war materials being exported to Lebanon,

regardless of their end-use.

Authors: Ross L. Denton and Sunny Mann

Recueil officiel

Date Measure

01-03-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

20-03-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

21-03-19 Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.442.106)

26-03-19

Ordinance of the FDF on goods benefiting from customs concessions according to their use (Ordinance on Customs relief, OADou) (RS 631.012)

Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)

Date Restrictive Measure

01-03-19 Amendment to the Ordinance of 2 October 2000 on Measures against Persons and Organizations Related to Usama bin Laden, the Al-Qaïda Group or the Tali-ban (RS 946.203) [Entry into force 28-02-19]

04-03-19 Amendment to the Ordinance of 14 March 2014 imposing measures against the Central African Republic (RS 946.231.123.6) [Entry into force 01-03-19]

07-03-19 Amendment to the Ordinance instituting measures against Zimbabwe (946.209.2) [Entry into force 07-03-19]

https://www.ezv.admin.ch/ezv/en/home/information-companies/declaring-goods/more-security-for-the-supply-chain.html

https://www.ezv.admin.ch/ezv/en/home/information-companies/declaring-goods/transit-through-switzerland/pre-arrival-notification-security--security-amendment--export-an.html

https://www.ezv.admin.ch/ezv/en/home/information-companies/declaring-goods/transit-through-switzerland/pre-arrival-notification-security--security-amendment--export-an.html



https://www.admin.ch/opc/fr/official-compilation/2019/765.pdf



https://www.admin.ch/opc/fr/official-compilation/2019/index_23.html









https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/%C2%ABAl-Qa%C3%AFda%C2%BB/%C2%ABAl-Qa%C3%AFda%C2%BB,%20Taliban%20Delta%202019-03-01.pdf.download.pdf/%C2%ABAl-Qa%C3%AFda%C2%BB,%20Taliban%20Delta%202019-03-01.pdf



https://www.seco.admin.ch/dam/seco/fr/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Zentralafrikanische%20Republik/Zentralafrikanische%20Republik_Delta_2019-03-04.pdf.download.pdf/Zentralafrikanische%20Republik_Delta_2019-03-04.pdf

https://www.seco.admin.ch/dam/seco/fr/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Zentralafrikanische%20Republik/Zentralafrikanische%20Republik_Delta_2019-03-04.pdf.download.pdf/Zentralafrikanische%20Republik_Delta_2019-03-04.pdf


Baker McKenzie


8461069-v8\WASDMS

72

14-03-19

Amendment to the Ordinance on economic measures against the Republic of Iraq (RS 946.206) [Entry into force 13-03-19]

Amendment to the Ordinance on Measures against Individuals and Entities As-sociated with Usama bin Laden, the Group «Al-Qaïda» or the Taliban (RS 946.203) [Entry into force 13-03-19]

25-03-19 Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, “al-Qaeda” group or the Tali-ban (RS 946.203) [Entry into force 22-03-19]

UNITED KINGDOM

Parliament rejects UK Brexit deal for the third time

On 29 March 2019, the UK Parliament rejected the negotiated Brexit agreement

for a third time (344 votes to 286), leaving the UK two weeks to find a way to pre-

vent it leaving the EU without a transition period or negotiated deal.

The EU had agreed to a delay until 22 May if the UK lawmakers had reached

some sort of consensus going forward, but only until 12 April if no progress was

made. The 12 April withdrawal will result in a “hard” exit from the EU with no tran-

sition period or protections. The 29 March vote was only on the withdrawal

agreement, while the two previous votes included the political relationship with

the EU as well. By only voting on the agreement itself, PM. May hoped to win

over some critics. Boris Johnson and Liam Fox, both critics of the agreement,

agreed to vote for it, after PM May offered to resign.

Future votes are being scheduled [See our May Update for results].

HMRC outlines extension of Transitional Simplified Procedures

On 22 March 2019, HM Revenue and Customs (HMRC) announced further de-

tails of measures to support businesses with new customs requirements, if the

UK leaves the EU without a deal. HMRC is extending arrangements already an-

nounced for traders to use Transitional Simplified Procedures (TSP) which will

make importing easier. This includes:

an extension of the date when the first supplementary customs declarations must be submitted, and any import duties must be paid, to 4 October 2019, with sub-sequent declarations submitted monthly

making TSP available at all UK ports if the UK leaves the EU without a deal

TSP is designed for businesses importing goods to the UK from the EU that may be new to import declarations. Once they have registered for an EORI number they can take the simple next step and register for TSP. Both are free and quick to do.

HMRC is urging all importers to make the necessary preparations should the UK

leave the EU without a deal.

Once a business is registered for TSP, it will be able to transport goods from the EU into the UK without having to make full customs declarations at the border or pay im-port duties straight away, to allow businesses time to prepare for usual import pro-cesses. To support businesses, HMRC today announced that it is giving them more time to adjust to these new requirements.

For most goods imported using TSP, traders will be able to delay putting in customs declarations for the first 6 months after EU exit. Businesses will have until 4 October 2019 to submit declarations and pay any import duty for goods imported up to 30 September 2019. After that, customs declarations and payments will need to be made on the fourth working day of the following month.

https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Irak/Irak%20Delta%202019-03-14.pdf.download.pdf/Irak%20Delta%202019-03-14.pdf

https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Irak/Irak%20Delta%202019-03-14.pdf.download.pdf/Irak%20Delta%202019-03-14.pdf



https://www.seco.admin.ch/dam/seco/fr/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/%C2%ABAl-Qa%C3%AFda%C2%BB/Al-Qa%C3%AFda%20Taliban_Delta_2019-03-25.pdf.download.pdf/Al-Qa%C3%AFda%20Taliban_Delta_2019-03-25.pdf



https://www.gov.uk/government/news/hmrc-outlines-extension-of-transitional-simplified-procedures

Baker McKenzie


8461069-v8\WASDMS

73

HMRC is also giving importing businesses until 30 September 2019 to provide a guar-antee that is required to cover any customs duties that they wish to defer. This will ap-ply for all importers, not just those who have registered for TSP.

TSP will now be available for any port or airport, where goods are being brought in from the EU following discussions with stakeholders from across the ports industry. This was originally available for priority Roll-on-Roll-off locations like Dover or the Channel Tunnel. The department will continue to work with ports, including airports, and other key stakeholders on TSP implementation, recognising that circumstances will be different from port to port.

EU extends UK withdrawal

Please see EU-EFTA section above.

UK Treasury publishes guidance on counter-terrorism sanctions

On 20 March 2019, the UK Treasury published guidance to assist with the imple-

mentation of and compliance with the Counter-Terrorism (Sanctions) (EU Exit)

Regulations 2019 (the ‘Regulations’) (available here), in accordance with Section

43 of the Sanctions and Anti-Money Laundering Act 2018 (‘the Sanctions Act’).

In summary, this guidance provides best practice methods for complying with the

prohibitions and requirements imposed by the Regulations. The Regulations are

aimed at furthering the prevention of terrorism in the UK or elsewhere, by protect-

ing UK national security interests. In addition, the Regulations ensure that the UK

implements the necessary UN obligations under resolution 1373 (paragraphs 1

and 2; available here) and grants powers to the Treasury to designate persons

by name who they believe to have been involved in or are involved in, terrorist

activity.

The Regulations impose financial sanctions that apply within the UK and in rela-

tion to the activities of all UK persons worldwide (which includes British nationals

and legal bodies incorporated under UK law, including all companies established

in the UK and their respective overseas branches). The financial sanctions that

can be imposed under the Regulations by the Office of Financial Sanctions Im-

plementation (‘OFSI‘),[1] includes the freezing of funds and economic resources

of designated persons and the prohibition of economic resources being made

available to or for the benefit of, either directly or indirectly, designated persons

or entities. The designation criteria for the implementation of an asset freeze on

designated persons is set out in Regulation 6.

Broader powers such as the request for information from designated persons

(and subsequent offences for non-compliance) are also provided by the Regula-

tions. Such powers are contained in Part 5 of the Regulations, which also pro-

vides information on obligations imposed on relevant firms to report information

to HM Treasury about known or suspected designated persons or about persons

who have committed an offence under the Regulations.

To enable or facilitate a contravention of, or to circumvent, any of the prohibitions

in these Regulations is a criminal offence, with the most severe breach of finan-

cial sanctions carrying a maximum sentence of 7 years’ imprisonment and / or a

fine.[2]

However, there are exceptions to some of the financial sanction prohibitions that

don’t require a licence from OFSI. For example, the Regulations grant an excep-

tion for acts done for the purposes of national security or prevention of serious

crime under Regulation 18.

https://www.gov.uk/government/publications/counter-terrorism-sanctions-guidance/counter-terrorism-sanctions-eu-exit-regulations-2019-guidance

http://www.legislation.gov.uk/uksi/2019/573/pdfs/uksi_20190573_en.pdf

http://unscr.com/en/resolutions/1373

http://sanctionsnews.bakermckenzie.com/uk-treasury-publishes-guidance-on-counter-terrorism-sanctions/#_ftn1

http://sanctionsnews.bakermckenzie.com/uk-treasury-publishes-guidance-on-counter-terrorism-sanctions/#_ftn2

Baker McKenzie


8461069-v8\WASDMS

74

Further information on the exemptions available and broader guidance on how

OFSI implements financial sanctions can be found on the OFSI pages of

GOV.UK.

[1] OFSI is the authority responsible for implementing the UK’s financial sanctions on behalf of

HM Treasury. Further OFSI guidance can be found here.

[2] The full list of penalties that can be given for a breach of the Regulations is provided in Regu-

lation 28 (see here).

Authors: Ross L. Denton and Sunny Mann.

Parliament votes to postpone Brexit

On 14 March 2019, the UK Parliament voted to postpone the UK’s departure

from the European Union. However, it will be up to the European Union’s council,

which meets next week to decide whether it will agree with the request. Donald

Tusk, the president of the European Council, said European leaders should be

“open to a long extension” of Britain’s membership. Several amendments were

offered in Parliament. The first, sponsored by a Conservative Party member,

would have taken control of the Brexit process away from the Prime Minister.

This amendment failed by a 314-312 vote. Another, offered by an independent,

to call a second referendum lost by a 334-85 vote. Another vote on Mrs. May’s

deal will be held next week.

On 13 March, Parliament had rejected a “no-deal” exit from the EU.

Trade and Continuity agreements signed

See listing through 22 March 2019, at: https://www.gov.uk/guidance/signed-uk-

trade-agreements-transitioned-from-the-eu?utm_source=a69220fe-654f-44a1-

8690-38a88972638f&utm_medium=email&utm_campaign=govuk-notifica-

tions&utm_content=daily

Brexit vote fails in Parliament, other votes scheduled

On 12 March 2019. the House of Commons voted 391 to 242 against approval of

the Brexit deal worked out between Prime Minister May and the European Union.

With the Brexit date currently set at 29 March, the House of Commons has

scheduled two vote additional votes. On Wednesday, 13 March, they will vote to

leave the European Union without any deal (“no-deal” Brexit), which is expected

to be defeated. On Thursday, they will vote to extend the withdrawal date (under

Article 50) to give the UK more time to negotiate a deal. The EU Council meets

on 21 March, which is believed to be the date by which an extension would have

to be requested.

Temporary tariff regime for no deal Brexit published

On 13 March 2019, the government announced details of the UK’s temporary tar-

iff regime for no deal, designed to minimise costs to business and consumers

while protecting vulnerable industries. The government is publishing this ap-

proach ahead of the vote in Parliament on No Deal to ensure MPs are fully in-

formed.

This regime is temporary, and the government would closely monitor the effects of these tariffs on the UK economy. It would apply for up to 12 months while a full con-sultation and review on a permanent approach to tariffs is undertaken.

http://sanctionsnews.bakermckenzie.com/uk-treasury-publishes-guidance-on-counter-terrorism-sanctions/#_ftnref1

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/685308/financial_sanctions_guidance_march_2018_final.pdf

http://sanctionsnews.bakermckenzie.com/uk-treasury-publishes-guidance-on-counter-terrorism-sanctions/#_ftnref2

http://www.legislation.gov.uk/uksi/2019/577/regulation/28/made



https://www.gov.uk/guidance/signed-uk-trade-agreements-transitioned-from-the-eu?utm_source=a69220fe-654f-44a1-8690-38a88972638f&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily




https://www.gov.uk/government/news/temporary-tariff-regime-for-no-deal-brexit-published?utm_source=f2263eb3-2d42-43fa-9ef0-6e75ebebb0c0&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit

https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit

Baker McKenzie


8461069-v8\WASDMS

75

British businesses would not pay customs duties on the majority of goods when im-porting into the UK if we leave the European Union without an agreement.

Under the temporary tariff, 87% of total imports to the UK by value would be eligible for tariff free access.

Tariffs would still apply to 13% of goods imported into the UK. This includes:

a mixture of tariffs and quotas on beef, lamb, pork, poultry and some dairy to support farmers and producers who have historically been protected through high EU tariffs

retaining a number of tariffs on finished vehicles in order to support the automo-tive sector and in light of broader challenging market conditions. However, car makers relying on EU supply chains would not face additional tariffs on car parts imported from the EU to prevent disruption to supply chains

in addition, there are a number of sectors where tariffs help provide support for UK producers against unfair global trading practices, such as dumping and state subsidies. Tariffs would be retained for these products, including certain ceram-ics, fertiliser and fuel

to meet our long-standing commitment to reduce poverty through trade, the gov-ernment currently offers preferential access to the UK market for developing countries. To ensure that access for developing countries is maintained, we would retain tariffs on a set of goods, including bananas, raw cane sugar, and certain kinds of fish

*** [Quotes from Trade Policy Minister George Hollingbery omitted]

The government has also confirmed that it will take a temporary approach to avoid new checks and controls on goods at the Northern Ireland land border if the UK leaves the EU without a deal. The UK’s temporary import tariffs will therefore not ap-ply to goods crossing from Ireland into Northern Ireland.

These tariffs would apply equally to all other trading partners, except for those where we have a free trade agreement in place and around 70 developing countries that will benefit from preferential access to our market.

The government will lay the appropriate legislation in light of the outcome of the vote on no deal today.

US Trade Representative (USTR) releases its negotiating objec-tives for a possible trade agreement with the UK

On 28 February 2019, the USTR published a paper summarising its “specific ne-

gotiating objectives” for negotiating a trade agreement with the UK post-Brexit

(available here). The paper starts by stating that that the US’s “aim in negotia-

tions with the UK is to address both tariff and non-tariff barriers and to achieve

fairer and deeper trade”.

The US objectives notably include:

greater access to the UK market for US agricultural products;

comprehensive duty-free access for US industrial goods;

provision for “enforceable and robust” sanitary and phytosanitary obligations;

expanding “competitive market opportunities” for US financial service suppliers;

UK commitments not to impose customs duties on digital products such as soft-ware, music, video and e-books;

guarantees that the UK will not manipulate its currency “to prevent effective bal-ance of payments adjustment or to gain an unfair competitive advantage”.

https://ustr.gov/sites/default/files/Summary_of_U.S.-UK_Negotiating_Objectives.pdf

Baker McKenzie


8461069-v8\WASDMS

76

A UK government spokesperson has responded to this announcement by stating

that negotiating an “ambitious free trade agreement” with the US was a priority

and that the UK would publish its own negotiating objectives in due course (as

reported here).

Authors: Ross L. Denton and Sunny Mann.

Legislation (legislation.gov.uk)

[Note: Due to Brexit, some UK legislation not related to trade is being included in

the tables below]

Date Measure

01-03-19

SI 2019/398 - The Tonnage Tax (Prescribed and Specified Matters) Regulations 2019 SI 2019/404 - The Value Added Tax (Place of Supply of Services) (Supplies of Electronic, Telecommunication and Broadcasting Services) (Amendment and Revocation) (EU Exit) Order 2019

SI 2019/408 - The Value Added Tax (Input Tax) (Specified Supplies) (EU Exit) (No. 2) Regulations 2019

04-03-19

SI 2019/399 - The European Union (Withdrawal) Act 2018 (Commencement No. 2) Regulations 2019

SI 2019/429 - The Taxation (Cross-border Trade) Act 2018 (Appointed Days No. 4 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019

05-03-19

SI 2019/426 - The Mutual Assistance on Customs and Agricultural Matters (Rev-ocation) (EU Exit) Regulations 2019

SI 2019/449 - The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

SI 2019/451 - The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/452 - The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019

SI 2019/454 - The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

SI 2019/425 - The Food and Feed Regulated Products (Miscellaneous Amend-ments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Cynhyrchion Bwyd a Bwyd Anifeiliaid Rheoleiddiedig (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019

SI 2019/434 - The Food and Feed Hygiene and Safety (Miscellaneous Amend-ments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Hylendid a Diogelwch Bwyd a Bwyd Anifeiliaid (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019

SI 2019/435 - The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Safonau a Labelu Bwyd (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019

06-03-19

SI 2019/421 - The Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019

SI 2019/472 - The Seed Marketing and Seed Potatoes (England) (Amendment) Regulations 2019

SR 2019/27 - The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019

07-03-19

SI 2019/462 - The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019

SI 2019/464 - The Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019

SI 2019/468 - The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019

SI 2019/473 - The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

SI 2019/474 - The Excise Duties (Miscellaneous Amendments) (EU Exit) (No. 3) Regulations 2019

https://www.ft.com/content/09bfe7ca-3bae-11e9-b72b-2c7f526ca5d0



http://www.legislation.gov.uk/uksi/2019/398/contents/made





















http://www.legislation.gov.uk/wsi/2019/425/contents/made


http://www.legislation.gov.uk/wsi/2019/425/contents/made/welsh















http://www.legislation.gov.uk/nisr/2019/27/contents/made











Baker McKenzie


8461069-v8\WASDMS

77

Date Measure

SI 2019/475 - The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019

SI 2019/484 - The European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 2019

SI 2019/487 - The Customs (Managed Transition Procedure) (EU Exit) Regula-tions 2019

SI 2019/489 - The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/492 - The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019

08-03-19

SI 2019/470 - The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/486 - The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019

SI 2019/488 - The Maritime Transport Access to Trade and Cabotage (Revoca-tion) (EU Exit) Regulations 2019

SI 2019/506 - The Bilateral Investment Agreements (Transitional Arrangements and Framework for Managing Financial Responsibility) (Revocation) (EU Exit) Regulations 2019

SI 2019/509 - The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019

SI 2019/513 - The Value Added Tax (Miscellaneous Amendments, Revocation and Transitional Provisions) (EU Exit) Regulations 2019

SI 2019/524 - The Wine (Amendment) Regulations 2019

SI 2019/527 - The Invasive Alien Species (Enforcement and Permitting) Order 2019

SI 2019/496 - The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 / Rheoliadau Deunyddiau Atgenhedlol y Goedwig (Prydain Fawr) (Diwygio) (Cymru) 2019

SI 2019/498 - The Plant Health (Forestry) (Amendment) (Wales) Order 2019 / Gorchymyn Iechyd Planhigion (Coedwigaeth) (Diwygio) (Cymru) 2019

11-03-19

SI 2019/536 - The Employment Rights (Amendment) (EU Exit) (No. 2) Regula-tions 2019

SI 2019/538 - The Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019

12-03-19

SR 2019/41 - The Plant Health and Seeds (Miscellaneous Amendments) Regu-lations (Northern Ireland) 2019

SR 2019/40 - The International Joint Investigation Teams (International Agree-ments) (EU Exit) Order (Northern Ireland) 2019

13-03-19

SI 2019/529 - The Food (Amendment) (EU Exit) Regulations 2019

SI 2019/493 - The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019

SSI 2019/89 - The Agriculture Market Measures (EU Exit) (Scotland) (Amend-ment) Amendment Regulations 2019

14-03-19

SI 2019/563 - The Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019

SI 2019/539 - The Ecodesign for Energy-Related Products and Energy Infor-mation (Amendment) (EU Exit) Regulations 2019

15-03-19

SI 2019/581 - The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

SI 2019/560 - The Public Procurement (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/550 - The Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019

18-03-19

SI 2019/571 - The Shipments of Radioactive Substances (EU Exit) Regulations 2019

SI 2019/569 - The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019 / Rheoliadau Anifeiliaid a Chynhyrchion Anifeiliaid (Archwilio am Weddillion a Therfynau Gweddillion Uchaf) (Cymru) 2019












































http://www.legislation.gov.uk/ssi/2019/89/contents/made



















Baker McKenzie


8461069-v8\WASDMS

78

Date Measure

19-03-19

SI 2019/601 - The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019

SI 2019/594 - The Tobacco Products (Traceability and Security Features) Regu-lations 2019

SI 2019/588 - The Animals (Legislative Functions) (EU Exit) Regulations 2019

SI 2019/583 - The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

20-03-19

SI 2019/590 - The International Waste Shipments (Amendment) (EU Exit) Regu-lations 2019

SI 2019/597 - The Trade in Animals and Related Products (Amendment) (Wales) (EU Exit) Regulations 2019 / Rheoliadau’r Fasnach mewn Anifeiliaid a Chynhyrchion Perthynol (Diwygio) (Cymru) (Ymadael â’r UE) 2019

21-03-19 SSI 2019/99 - The Air Weapons and Licensing (Scotland) Act 2015 (Com-mencement No. 9 and Transitional Provisions) Order 2019

22-03-19

SI 2019/619 - The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

SR 2019/49 - The Plant Health (Amendment) Order (Northern Ireland) 2019

25-03-19

SI 2019/658 - The Tonnage Tax (Exception of Financial Year 2019) Order 2019

SI 2019/652 - The Food and Feed Hygiene and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

SI 2019/628 - The European Union (Withdrawal) Act 2018 (Consequential Modi-fications and Repeals and Revocations) (EU Exit) Regulations 2019

26-03-19

SI 2019/686 - The Immigration (European Economic Area Nationals) (EU Exit) Order 2019

SI 2019/680 - The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019

SI 2019/642 - The General Food Hygiene (Amendment) (EU Exit) Regulations 2019

SI 2019/641 - The General Food Law (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/640 - The Specific Food Hygiene (Amendment etc.) (EU Exit) Regula-tions 2019

SI 2019/639 - The Contaminants in Food (Amendment) (EU Exit) Regulations 2019

27-03-19

SI 2019/665 - The Official Controls for Feed, Food and Animal Health and Wel-fare (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/664 - The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019

SI 2019/557 - The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/684 - The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Iechyd a Lles Anifeiliaid (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019

SI 2019/674 - The Plant Health (Amendment) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Iechyd Planhigion (Diwygio) (Cymru) (Ymadael â’r UE) 2019

28-03-19

SSI 2019/124 - The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regula-tions 2019

SI 2019/673 - The Challenges to Validity of EU Instruments (EU Exit) Regula-tions 2019

SI 2019/676 - The Veterinary Medicines and Animals and Animal Products (Ex-amination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/692 - The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019

SI 2019/698 - The Customs (Revocation of Retained Direct EU Legislation, etc.) (EU Exit) Regulations 2019

SI 2019/714 - The Customs (Economic Operators Registration and Identifica-tion) (Amendment) (EU Exit) Regulations 2019

SI 2019/715 - The Customs Safety and Security Procedures (EU Exit) Regula-tions 2019
































































Baker McKenzie


8461069-v8\WASDMS

79

Date Measure

SI 2019/718 - The European Union (Withdrawal) Act 2018 (Exit Day) (Amend-ment) Regulations 2019

29-03-19

SI 2019/705 - The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/704 - The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019

SI 2019/702 - The Novel Food (Amendment) (EU Exit) Regulations 2019

SI 2019/701 - The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

SI 2019/699 - The Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019

SI 2019/693 - The Organic Production and Control (Amendment) (EU Exit) Reg-ulations 2019

SI 2019/556 - The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019

SR 2019/67 - The Equine Identification Regulations (Northern Ireland) 2019

SR 2019/66 - The Marketing of Bananas Regulations (Northern Ireland) 2019

Date Restrictive Measure

01-03-19 SI 2019/380 - The Sanctions (Amendment) (EU Exit) (No 2) Regulations 2019

07-03-19

SI 2019/433 - The Democratic Republic of the Congo (Sanctions) (EU Exit) Reg-ulations 2019

SI 2019/438 - The South Sudan (Sanctions) (EU Exit) Regulations 2019

08-03-19

SI 2019/411 - The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019

SI 2019/461 - The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019

SI 2019/466 - The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019

15-03-19

SI 2019/577 - The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019

SI 2019/554 - The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019

18-03-19 SI 2019/573 - The Counter-Terrorism (International Sanctions) (EU Exit) Regula-tions 2019

20-03-19 SI 2019/600 - The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

21-03-19 SI 2019/604 - The Zimbabwe (Sanctions) (EU Exit) Regulations 2019

22-03-19 SI 2019/618 - The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019

25-03-19 SI 2019/627 - The Sanctions Regulations (Commencement No. 1) (EU Exit) Regulations 2019

Reports, consultations, trade agreements

The Department for International Trade (DIT) has released the following docu-

ments and country guides [DBEIS= Department for Business, Energy & Industrial

Strategy; FCO=Foreign & Commonwealth Office; HMT= H.M. Treasury]:

Release Date

Subject

04-03-19

Providing services to EEA and EFTA countries after EU Exit (DIT, DBEIS, FCO)

Hungary: providing services after EU Exit (DIT, DBEIS, FCO)

Malta: providing services after EU Exit (DIT, DBEIS, FCO)

The Netherlands: providing services after EU Exit (DIT, DBEIS, FCO)

Poland: providing services after EU Exit (DIT, DBEIS, FCO)

Portugal: providing services after EU Exit (DIT, DBEIS, FCO)

Slovakia: providing services after EU Exit (DIT, DBEIS, FCO)

Sweden: providing services after EU Exit (DIT, DBEIS, FCO)

13-03-19

Temporary rates of customs duty (tariffs) on imports after EU Exit (DIT)

Guidance - Generalised Scheme of Preferences: countries (DIT)

The Customs (Tariff Quotas) (EU Exit) Regulations 2019 (several agencies)





































https://www.gov.uk/government/collections/providing-services-to-eea-and-efta-countries-after-eu-exit?utm_source=141c811d-c6f6-446f-8baa-15f8c4d69fc1&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/hungary-providing-services-after-eu-exit

https://www.gov.uk/guidance/malta-providing-services-after-eu-exit

https://www.gov.uk/guidance/the-netherlands-providing-services-after-eu-exit

https://www.gov.uk/guidance/poland-providing-services-after-eu-exit

https://www.gov.uk/guidance/portugal-providing-services-after-eu-exit

https://www.gov.uk/guidance/slovakia-providing-services-after-eu-exit

https://www.gov.uk/guidance/sweden-providing-services-after-eu-exit

https://www.gov.uk/government/publications/temporary-rates-of-customs-duty-on-imports-after-eu-exit?utm_source=8c6ac040-bfde-40ae-9cb6-b6597f282998&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/generalised-scheme-of-preferences-countries?utm_source=d5e74069-efaa-40da-8a75-36e5d0008714&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/785571/TRQ_-_Ref_Doc.pdf

Baker McKenzie


8461069-v8\WASDMS

80

Release Date

Subject

14-03-19 The Customs (Tariff-Free Access for Goods from Overseas Territories) Regula-tion

19-03-19

Providing services to EEA and EFTA countries after EU Exit (DIT, DBEIS, FCO) [updated]

Guidance - Ireland: providing services after EU Exit (DIT, DBEIS, FCO)

Guidance - Switzerland: providing services after EU Exit (DIT, DBEIS, FCO)

20-03-19 Guidance - Check temporary rates of customs duty (tariffs) on imports after EU Exit (DIT) (updated)

21-03-19 UK-Pacific Economic Partnership Agreement

22-03-19

Signed UK trade agreements transitioned from the EU

Existing trade agreements if the UK leaves the EU with no deal

UK signs trade continuity agreement with Caribbean countries

29-03-19 Impact assessment of the EU-Vietnam Free Trade Agreement on the UK

HMRC updates

The following Public Notices, Customs Information Papers (CIPs) were issued by

HM Revenue & Customs [and other agencies]:

Release Date


Customs Information Papers

13-03-19

Extension to implementation date of the change in approach on indirect repre-sentation for some customs authorisations holders (CIP5)

Registered Exporter (REX) system incorrect use of Generalized System of Pref-erences form A (CIP6)

New Computerised Transit System Transit Declaration Completion (CIP7)

15-03-19 Authorised Economic Operator application C117 and Self-Assessment question-naire C118 (CIP8)

Tariff, Anti-Dumping and Other Notices

01-03-19 Notice 361: importing museum and gallery exhibits free of duty and VAT

04-03-19 Notice 3001: customs special procedures for the Union Customs Code

Notices made under The Customs (Export)(EU Exit) Regulations 2019

05-03-19 Imports of certain electrolytic manganese dioxides, originating in the Republic of South Africa. (Anti-Dumping Duty 2323)

06-03-19 Imports of chamois leather, originating in the People’s Republic of China (Anti-Dumping Duty 2324)

07-03-19

Regional trade statistics interactive analysis: fourth quarter 2018

Partnership pack: preparing for changes at the UK border after a no deal EU exit

CHIEF: freight location codes

Letters on no deal Brexit advice for businesses trading with the EU and/or the rest of the world

UK regional trade in goods statistics: fourth quarter 2018

Letters on no deal Brexit advice for businesses trading with the EU

Imports of glass fibre fabrics, originating in the People’s Republic of China and Egypt (Anti-Dumping Duty 2325)

08-03-19

Draft notices to be made in relation to the amendments brought in by The Taxa-tion (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019

Statutory Instruments relating to EU Exit

11-03-19 Guidance - Get a UK EORI number to trade within the EU updated

13-03-19

Guidance - Authorised Use: Reliefs from import duty on goods brought into the United Kingdom for specified uses (HMT, HMRC, DIT)

Guidance - Check temporary rates of customs duty (tariffs) on imports after EU Exit

Tax Information and Impact Note for the UK Tariff 2019

The Customs Tariff (Preferential Trade Agreement) (EU Exit) Regulations 2019

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.gov.uk_government_publications_the-2Dcustoms-2Dtariff-2Dfree-2Daccess-2Dfor-2Dgoods-2Dfrom-2Doverseas-2Dterritories-2Dregulation-3Futm-5Fsource-3Dc91ffc5c-2D64e3-2D436e-2D83ff-2D6842bc0ef4de-26utm-5Fmedium-3Demail-26utm-5Fcampaign-3Dgovuk-2Dnotifications-26utm-5Fcontent-3Ddaily&d=DwMFaQ&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=ANhw0c-yPfFxsaPT9YNKtAtcFAdk8hANMlKLtz4NT1c&s=Y1WIOm3qbEHOtF6l2oL8fXkwrgRzNaTbYsGR7uDoE-A&e=

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.gov.uk_government_publications_the-2Dcustoms-2Dtariff-2Dfree-2Daccess-2Dfor-2Dgoods-2Dfrom-2Doverseas-2Dterritories-2Dregulation-3Futm-5Fsource-3Dc91ffc5c-2D64e3-2D436e-2D83ff-2D6842bc0ef4de-26utm-5Fmedium-3Demail-26utm-5Fcampaign-3Dgovuk-2Dnotifications-26utm-5Fcontent-3Ddaily&d=DwMFaQ&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=ANhw0c-yPfFxsaPT9YNKtAtcFAdk8hANMlKLtz4NT1c&s=Y1WIOm3qbEHOtF6l2oL8fXkwrgRzNaTbYsGR7uDoE-A&e=

https://www.gov.uk/government/collections/providing-services-to-eea-and-efta-countries-after-eu-exit?utm_source=141c811d-c6f6-446f-8baa-15f8c4d69fc1&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/ireland-providing-services-after-eu-exit?utm_source=367ba6f5-4bf3-47c1-863a-59f4e34510cd&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/switzerland-providing-services-after-eu-exit?utm_source=755ed7df-7ff0-4851-9e4d-b93471bf898b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit?utm_source=fe054808-30a4-48c5-984a-694c68d22b85&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit?utm_source=fe054808-30a4-48c5-984a-694c68d22b85&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/government/collections/uk-pacific-economic-partnership-agreement?utm_source=f6cfef91-51d0-4470-99b8-845ca0cd2856&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily


https://www.gov.uk/government/publications/existing-trade-agreements-if-the-uk-leaves-the-eu-without-a-deal?utm_source=7c99d89b-462a-45ff-a95e-479a1ae002b7&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

ttps://www.gov.uk/government/news/uk-signs-trade-continuity-agreement-with-caribbean-countries?utm_source=a286dba2-b533-41bc-9c26-f21df510fc69&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/790769/Impact-Assessment-of-the-EU-Vietnam-free-trade-agreement-on-the-UK.pdf

http://www.hmrc.gov.uk/jccc/cips/cips-2014.htm

https://www.gov.uk/guidance/extension-to-implementation-date-of-the-change-in-approach-on-indirect-representation-for-some-customs-authorisations-holders

https://www.gov.uk/guidance/extension-to-implementation-date-of-the-change-in-approach-on-indirect-representation-for-some-customs-authorisations-holders

https://www.gov.uk/guidance/registered-exporter-rex-system-incorrect-use-of-generalized-system-of-preferences-form-a-cip6

https://www.gov.uk/guidance/registered-exporter-rex-system-incorrect-use-of-generalized-system-of-preferences-form-a-cip6

https://www.gov.uk/guidance/new-computerised-transit-system-transit-declaration-completion-cip7

https://www.gov.uk/guidance/authorised-economic-operator-application-c117-and-self-assessment-questionnaire-c118-cip8

https://www.gov.uk/guidance/authorised-economic-operator-application-c117-and-self-assessment-questionnaire-c118-cip8

https://www.gov.uk/government/publications/notice-361-importing-museum-and-gallery-exhibits-free-of-duty-and-vat

https://www.gov.uk/government/publications/notice-3001-special-procedures-for-the-union-customs-code

https://www.gov.uk/government/publications/notices-made-under-the-customs-exporteu-exit-regulations-2019

https://www.gov.uk/government/publications/imports-of-certain-electrolytic-manganese-dioxides-originating-in-the-republic-of-south-africa-anti-dumping-duty-2323

https://www.gov.uk/government/publications/imports-of-certain-electrolytic-manganese-dioxides-originating-in-the-republic-of-south-africa-anti-dumping-duty-2323

https://www.gov.uk/government/publications/imports-of-chamois-leather-originating-in-the-peoples-republic-of-china-anti-dumping-duty-2324

https://www.gov.uk/government/publications/imports-of-chamois-leather-originating-in-the-peoples-republic-of-china-anti-dumping-duty-2324

https://www.gov.uk/government/statistical-data-sets/regional-trade-statistics-interactive-analysis-fourth-quarter-2018

https://www.gov.uk/government/publications/partnership-pack-preparing-for-a-no-deal-eu-exit

https://www.gov.uk/government/publications/uk-trade-tariff-freight-location-codes

https://www.gov.uk/government/publications/letters-on-no-deal-brexit-advice-for-businesses-trading-with-the-eu-andor-the-rest-of-the-world

https://www.gov.uk/government/publications/letters-on-no-deal-brexit-advice-for-businesses-trading-with-the-eu-andor-the-rest-of-the-world

https://www.gov.uk/government/statistics/uk-regional-trade-in-goods-statistics-fourth-quarter-2018

https://www.gov.uk/government/publications/no-deal-brexit-advice-for-businesses-only-trading-with-the-eu

https://www.gov.uk/government/publications/imports-of-glass-fibre-fabrics-originating-in-the-peoples-republic-of-china-and-egypt-anti-dumping-duty-2325

https://www.gov.uk/government/publications/imports-of-glass-fibre-fabrics-originating-in-the-peoples-republic-of-china-and-egypt-anti-dumping-duty-2325

https://www.gov.uk/government/publications/draft-notices-to-be-made-in-relation-to-the-amendments-brought-in-by-the-taxation-cross-border-trade-miscellaneous-provisions-eu-exit-regulation

https://www.gov.uk/government/publications/draft-notices-to-be-made-in-relation-to-the-amendments-brought-in-by-the-taxation-cross-border-trade-miscellaneous-provisions-eu-exit-regulation

https://www.gov.uk/government/publications/statutory-instruments-relating-to-eu-exit

https://www.gov.uk/guidance/get-a-uk-eori-number-to-trade-within-the-eu#history

https://www.gov.uk/government/publications/reliefs-from-import-duty-on-goods-brought-into-the-united-kingdom?utm_source=a327d0c4-63ff-4453-889b-c5eec9c68f8c&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/government/publications/reliefs-from-import-duty-on-goods-brought-into-the-united-kingdom?utm_source=a327d0c4-63ff-4453-889b-c5eec9c68f8c&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit?utm_source=1c886ce3-9f31-4443-8264-a4bafa8d33e7&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit?utm_source=1c886ce3-9f31-4443-8264-a4bafa8d33e7&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/government/publications/tax-information-and-impact-note-for-the-uk-tariff-2019

https://www.gov.uk/government/publications/the-customs-tariff-preferential-trade-agreement-eu-exit-regulations-2019

Baker McKenzie


8461069-v8\WASDMS

81

Release Date


The Customs Tariff (Establishment) (EU Exit) Regulations

The Customs (Tariff Rate Quotas) Regulation

The Tariff Rate Quota (Licensing) Regulations

Authorised Use: Reliefs from import duty on goods brought into the United King-dom for specified uses

Apply to use simplified procedures for import or export (C&E48)

14-03-19

The Customs (Origin of Chargeable Goods) (EU Exit) Regulations 2019

Arrangement for import duty on trade in goods from certain British Overseas Ter-ritories (HMRC, DIT)

The Customs (Tariff-Free Access for Goods from Overseas Territories) Regula-tion

18-03-19

Notice 760: Customs Freight Simplified Procedures (CFSP)

Notice 117: Authorised Economic Operator

Goods Location Codes for data element 5/23 of CDS

19-03-19 Communications pack - Import VAT on parcels in the event of a no deal EU exit

21-03-19 Notice 830: General System of Preference rules of origin

22-03-19 Apply to defer payment of customs duties, import VAT and excise duties

25-03-19 Notice 117: Authorised Economic Operator

27-03-19

HMRC impact assessment for VAT and services if the UK leaves the EU without a deal

Guidance - Current arms embargoes and other restrictions (updates)

28-03-19

Statutory Instruments relating to EU Exit

Preparing for a no deal EU Exit: what businesses need to be aware of (HMRC YouTube video webinar)

29-03-19

Communications pack: roll on roll off ports and Eurotunnel in the event of a no deal EU exit

Notices Made Under The Customs (Import Duty) (EU Exit) Regulations 2018

Export Control, Embargo and Sanctions Notices

The following Export Control Joint Unit (ECJU) Notices to Exporters and other

Department for International Trade (DIT), Foreign and Commonwealth Office

(FCO), HM Treasury (HMT) and HMT’s Office of Financial Sanctions Implemen-

tation (OFSI) documents were issued:

Date Notice No. and Subject

05-03-19 Financial sanctions, Syria (HMT, OFSI)

06-03-19

Financial sanctions, Ukraine (Misappropriation and Human Rights) (HMT, OFSI)

Who is subject to financial sanctions in the UK? (HMT, OFSI)

Financial sanctions, ISIL (Da'esh) and Al-Qaida organisations (HMT, OFSI)

Guidance: Exporting controlled goods after EU Exit (ECJU, DIT)

07-03-19 UK sanctions on South Sudan (FCO, ECJU, OFSI)

08-03-19 UK sanctions on Iran relating to nuclear weapons (FCO, ECJU, OFSI)

12-03-19 UK sanctions on the Democratic People’s Republic of Korea (FCO, ECJU, OFSI)

15-03-19 UK sanctions on the Republic of Guinea-Bissau (FCO, ECJU, OFSI)

18-03-19 Financial sanctions, Ukraine (Sovereignty and Territorial Integrity) (HMT, OFSI)

UK international counter-terrorism sanctions (FCO, ECJU, OFSI)

20-03-19 Financial Sanctions notice on Iraq (OFSI)

21-03-19

UK Sanctions on Zimbabwe (FCO, ECJU, OFSI)

UK Sanctions on the Republic of Belarus (FCO, ECJU, OFSI)

UK Sanctions if there’s no Brexit deal (FCO, ECJU, OFSI)

Guidance - Embargoes and sanctions on Iran (FCO, ECJU, DIT)

Export Controls and EU Exit [Webinar first broadcast on 1 March] (password: QspZjM3B)

27-03-19

Open general export licence (export of dual-use items to EU member states) (DIT) [This licence does not come into force until 12 April 2019]

Guidance - Current arms embargoes and other restrictions (DIT, ECJU) updated

https://www.gov.uk/government/publications/the-customs-tariff-establishment-eu-exit-regulations

https://www.gov.uk/government/publications/the-customs-tariff-rate-quotas-regulation

https://www.gov.uk/government/publications/the-tariff-rate-quota-licensing-regulations

https://www.gov.uk/government/publications/reliefs-from-import-duty-on-goods-brought-into-the-united-kingdom

https://www.gov.uk/government/publications/reliefs-from-import-duty-on-goods-brought-into-the-united-kingdom

https://www.gov.uk/government/publications/import-and-export-simplified-procedures-application-ce48

https://www.gov.uk/government/publications/the-customs-origin-of-chargeable-goods-eu-exit-regulations-2019

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/785793/arrangement-import-duty-trade-goods-certain-british-overseas-territories.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/785793/arrangement-import-duty-trade-goods-certain-british-overseas-territories.pdf

https://www.gov.uk/government/publications/the-customs-tariff-free-access-for-goods-from-overseas-territories-regulation

https://www.gov.uk/government/publications/the-customs-tariff-free-access-for-goods-from-overseas-territories-regulation

https://www.gov.uk/government/publications/vat-notice-760-customs-freight-simplified-procedures

https://www.gov.uk/government/publications/notice-117-authorised-economic-operator

https://www.gov.uk/government/publications/goods-location-codes-for-data-element-523-of-cds

https://www.gov.uk/government/publications/communications-pack-import-vat-on-parcels-in-the-event-of-a-no-deal-eu-exit

https://www.gov.uk/government/publications/notice-830-tariff-preference-new-general-system-of-preference-rules-of-origin

https://www.gov.uk/government/publications/apply-to-defer-payment-of-customs-duties-import-vat-and-excise-duties

https://www.gov.uk/government/publications/notice-117-authorised-economic-operator

https://www.gov.uk/government/publications/hmrc-impact-assessment-for-vat-and-services-if-the-uk-leaves-the-eu-without-a-deal

https://www.gov.uk/government/publications/hmrc-impact-assessment-for-vat-and-services-if-the-uk-leaves-the-eu-without-a-deal

https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions?utm_source=ef9477e4-6b59-4c56-8051-eb0d6ddf4570&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://www.gov.uk/government/publications/statutory-instruments-relating-to-eu-exit

https://www.youtube.com/watch?v=e39WKPmN5tM

https://www.gov.uk/government/publications/communications-pack-roll-on-roll-off-ports-and-eurotunnel-in-the-event-of-a-no-deal-eu-exit

https://www.gov.uk/government/publications/communications-pack-roll-on-roll-off-ports-and-eurotunnel-in-the-event-of-a-no-deal-eu-exit

https://www.gov.uk/government/publications/notices-made-under-the-customs-import-duty-eu-exit-regulations-2018

https://www.gov.uk/government/collections/notices-to-exporters

https://www.gov.uk/government/publications/financial-sanctions-syria

https://www.gov.uk/government/publications/financial-sanctions-ukraine

https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets

https://www.gov.uk/government/publications/current-list-of-designated-persons-al-qaida

https://www.gov.uk/guidance/exporting-controlled-goods-after-eu-exit

https://www.gov.uk/government/collections/uk-sanctions-on-south-sudan

https://www.gov.uk/government/collections/uk-sanctions-on-iran-relating-to-nuclear-weapons

https://www.gov.uk/government/collections/uk-sanctions-on-the-democratic-peoples-republic-of-korea

https://www.gov.uk/government/collections/uk-sanctions-on-the-republic-of-guinea-bissau

https://www.gov.uk/government/publications/financial-sanctions-ukraine-sovereignty-and-territorial-integrity

https://www.gov.uk/government/collections/uk-international-counter-terrorism-sanctions

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/787666/Notice_Iraq_2019_432.pdf

https://www.gov.uk/government/collections/uk-sanctions-on-zimbabwe?utm_source=959150f7-1bbc-41f0-b113-58c26db8b34b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

https://www.gov.uk/government/collections/uk-sanctions-on-the-republic-of-belarus

https://www.gov.uk/government/collections/uk-sanctions-regimes-if-theres-no-brexit-deal

https://www.gov.uk/guidance/sanctions-on-iran?utm_source=dd83a1ce-f2ef-4abe-a7db-ecb6b329c9a4&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789227/19-ogel-eu-dual-use.pdf

https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions

Baker McKenzie


8461069-v8\WASDMS

82

Date Notice No. and Subject

28-03-19 UK sanctions on ISIL (Da’esh) and Al-Qaida (FCO, ECJU, OFSI)

OTHER EU-EFTA COUNTRIES

Import-export related measures

The following import, export or antibribery measures were published in the on-

line editions of the official gazettes of the countries shown during the period cov-

ered by this Update. [This is a partial listing, unofficial translations.] *The date

shown may be the signature date, release date or publication date, depending on

local practice.

Date* Measure

GERMANY

28-03-19

Law on Tax and Further Accompanying Regulations on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit-Steuerberegungsgesetz Brexit-StBG) (25-03-19) from No. 9 of 28.03.2019, page 357

ICELAND

01-03-19

Law № 14/2019 on the amendment of the Act on the treatment of króna assets, which are subject to special restrictions and the Foreign Exchange Act (offshore krónur discharge and the obligation to bind capital inflows).

№ 215/2019 Regulation (26-02-19) on (2) an amendment to regulation № 1132/2018 on the allocation of tariff quotas for the import of agricultural prod-ucts according to Annexes IVA and IVB to the Customs Act.

№ 216/2019 Regulation (14) amendment of Regulation no. 835/2010 on the en-try into force of Commission Regulation (EC) No 835/2010. 669/2009 on the im-plementation of the Regulation of the European Parliament and of the Council (EC) no. 882/2004 for the purposes of increased official controls on imports of certain feed and non-animal foods.

22-03-19

№ 269/2019 (18-03-19) Regulation on (3) amendment of Regulation no. 831/2014 on the entry into force of Commission Regulation (EU) no. 605/2010 on animal and human health conditions and on animal and animal health certifi-cates for import into the European Union of raw milk and dairy products for hu-man consumption.

25-03-19

№ 277/2019 Regulation (18-03-19) on (12) amendment of Regulation no. 560/2014 on the entry into force of Commission Regulation (EC) No 560/2014. 798/2008 on the lists of third countries, territories, territories or com-partments authorized for import into the Community and transit through the Community of poultry and poultry products, as well as requirements for veteri-nary certification for animals and animal products.

IRELAND (EIRE)

26-03-19 S.I. No. 110 of 2019 - European Union (Anti-Money Laundering: Beneficial Own-ership Of Corporate Entities) Regulations 2019

LUXEMBOURG

21-03-19

Mem A 169 Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg.

Mem A 170: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg.

Mem A 171: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg.

Mem A 172: Grand-Ducal Regulation of 25 January 2019 amending: 1° the Grand-Ducal Regulation of 27 August 2013 on the use of electronic means in public procurement procedures amending the amended Grand-Ducal Regulation of 3 August 2009 on implementation of the law of 25 June 2009 on public procurement and modifying the threshold provided for in article 106 point 10 ° of the communal law of 13 December 1988;

https://www.gov.uk/government/collections/uk-sanctions-on-isil-daesh-and-al-qaida

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=22be95d8-97fd-43b7-a1ea-5776ff729072



https://www.stjornartidindi.is/PdfVersions.aspx?recordId=244d8b26-3ca8-4c5a-8427-4561979df40f



https://www.stjornartidindi.is/PdfVersions.aspx?recordId=48645570-6ba6-47a3-bb95-06ded2c5081b





https://www.stjornartidindi.is/PdfVersions.aspx?recordId=4d67644b-f0f0-4dd2-a27c-5fe5295b1cab





https://www.stjornartidindi.is/PdfVersions.aspx?recordId=9ab237de-ce05-4a31-a9c9-d709301eccb1






http://www.irishstatutebook.ie/eli/pdf/2019/en.si.2019.0110.pdf


http://legilux.public.lu/eli/etat/leg/pa/2019/03/11/a169/jo






http://legilux.public.lu/eli/etat/leg/rgd/2019/01/25/a172/jo






Baker McKenzie


8461069-v8\WASDMS

83

Date* Measure

2° the Grand-Ducal Regulation implementing the Procurement Act of 8 April 2018.

22-03-19 Mem A173: Grand-Ducal Regulation of 21 March 2019 authorizing wild boar hunting throughout the year in the prevention zone of the spread of African swine fever.

25-03-19

Mem A 184: Grand-Ducal Decree of 15 March 2019 amending the Grand-Ducal Decree of 3 June 2016 on the missions, organization and composition of the Council for Foreign Trade and Investment of the Grand Duchy of Luxembourg - Luxembourg Trade and Investment Board (TIB).

29-03-19 Mem A 208: Grand-Ducal Regulation of 29 March 2019 laying down preventive measures against the introduction and spread of African swine fever.

NORWAY

06-03-19 FOR-2019-03-06-181 Ministry of Health and Care Services Regulations on the repeal of regulations on special protection measures for imports of mussels from Peru

11-03-19 FOR-2019-03-08-202 Ministry of Agriculture and Food Regulation amending the Regulations on the import and transit of poultry and certain poultry products from third countries

12-03-19 FOR-2019-02-14-207 Ministry of Health and Care Services Regulations on amendments to regulations on new food

13-03-19

FOR-2019-02-12-211 Ministry of Agriculture and Food Regulations on amend-ments to regulations on the determination of reduced tariffs on imports of indus-trially processed agricultural products

FOR-2019-03-11-212 Ministry of Health and Care Services Regulations on amendments to regulations on materials and objects in contact with foodstuffs (food contact regulations)

25-03-19

FOR-2019-03-22-277 Ministry of Health and Care Services, Ministry of Agricul-ture and Food Regulations on amendments to the regulations on animal and public health conditions for import, transit and intermediate storage of milk and milk products from third countries

29-03-19

Law-2019-03-29-8 Ministry of Foreign Affairs - Law on a transitional period at the UK's exit from the EU

Law-2019-03-29-9 Ministry of Justice and Emergency Planning The Act on Tran-sitional Rules, etc. by Britain's withdrawal from the European Union

POLAND

25-02-19

№ 360 Regulation of the Minister of Finance of 20 February 2019 amending the ordinance on the basic remuneration of officers of the Customs and Treasury Service

№ 362 Regulation of the Minister of Agriculture and Rural Development of Feb-ruary 13, 2019 amending the regulation on specific veterinary requirements for the operation of quarantine facilities, quarantine stations, animal resting places, animal transhipment sites and water exchange sites for the transport of aquacul-ture animals

26-02-19

№ 368 Regulation of the Minister of Maritime Economy and Inland Navigation and Minister of Agriculture and Rural Development of February 15, 2019 regard-ing the manner and forms of cooperation of the Main Inspector of Sea Fisheries and the Inspection of Commercial Quality of Agricultural and Food Products in the control of fish products

27-02-19

№ 382 Announcement of the Speaker of the Sejm of the Republic of Poland of 1 February 2019 regarding the publication of a uniform text of the Act on the Transport of Dangerous Goods

№ 383 Announcement of the Minister of Entrepreneurship and Technology of February 5, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor regulation on tenders and negotiations and criteria for as-sessing intentions for business ventures to be undertaken by entrepreneurs in the EURO-PARK Special Economic Zone Mielec

06-03-19 № 437 Announcement of the Minister of Entrepreneurship and Technology of February 5, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor's regulation regarding tenders and negotiations and criteria






http://legilux.public.lu/eli/etat/leg/agd/2019/03/15/a184/jo






https://lovdata.no/dokument/LTI/forskrift/2019-03-08-202














https://lovdata.no/dokument/LTI/lov/2019-03-29-8




http://dziennikustaw.gov.pl/du/2019/360/1
























Baker McKenzie


8461069-v8\WASDMS

84

Date* Measure

for assessing intentions for business ventures to be undertaken by entrepre-neurs in the Kostrzyn-Słubice Special Economic Zone

07-03-19

№ 444 Announcement of the Minister of Entrepreneurship and Technology of February 15, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor on bids and negotiations and criteria for assessing inten-tions for business ventures to be undertaken by entrepreneurs in the Special Economic Zone “Starachowice”

№ 446 Announcement of the Minister of Entrepreneurship and Technology of February 15, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepre-neurs in the Łódź Special Economic Zone

11-03-19

№ 461 Announcement of the Minister of Entrepreneurship and Technology of February 15, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor's regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepre-neurs in the Suwałki Special Economic Zone

№ 470 Announcement of the Minister of Entrepreneurship and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor's regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepre-neurs in the Słupsk Special Economic Zone

12-03-19

№ 476 Announcement of the Minister for Enterprise and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor on bids and negotiations and criteria for assessing intentions for busi-ness ventures to be undertaken by entrepreneurs in the Tarnobrzeg Special Economic Zone EURO- WISŁOSAN PARK

№ 482 Announcement of the Speaker of the Sejm of the Republic of Poland of February 22, 2019 regarding the publication of a uniform text of the Act on Spe-cial Economic Zones

18-03-19

№ 508 Announcement of the Minister of Entrepreneurship and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor's regulation regarding tenders and negotiations and criteria for assessing intentions for business ventures to be undertaken by entrepre-neurs in the Pomeranian Special Economic Zone

20-03-19

№ 522 Announcement of the Minister of Entrepreneurship and Technology of February 21, 2019 regarding the publication of a uniform text of the Minister of Economy and Labor on bids and negotiations and criteria for assessing inten-tions for business ventures to be undertaken by entrepreneurs in the Wałbrzych Special Economic Zone INVEST- PARK

29-03-19

№ 598 Regulation of the Minister of Agriculture and Rural Development of 20 March 2019 on the introduction in 2019 on the territory of the Republic of Poland of “Program aimed at early detection of infections with the virus causing African swine fever and broadening knowledge of this disease and its fight”

SPAIN

01-03-19

INDUSTRY, TRADE & TOURISM (ITT) : Resolution of February 21, 2019, of the Sec-retary of State for Commerce, which modifies that of December 17, 2018, which approves the official calendar of international trade fairs of the year 2019. (BOE-A-2019-2962 )

02-03-19

HEAD OF STATE: Royal Decree-Law 5/2019, of 1 March, by which contingency measures are adopted in the event of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agree-ment established in Article 50 having been reached of the Treaty on European Union. (BOE-A-2019-2976)

08-03-19

HEAD OF STATE: Royal Decree 47/2019, of February 8, approving the public em-ployment offer for strategic sectors before the withdrawal of the United Kingdom from the European Union. (BOE-A-2019-3308)

ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, by which the UNE standard projects that the Spanish Standardization Association has in process, corresponding to the













































https://www.boe.es/boe/dias/2019/03/01/pdfs/BOE-A-2019-2962.pdf


















Baker McKenzie


8461069-v8\WASDMS

85

Date* Measure

month of February, are submitted to public information. of 2019. (BOE-A-2019-3376)

ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, whereby European and international standards projects that have been processed as UNE standard projects by the Spanish Association are submitted to public information of Normalization, corre-sponding to the month of February 2019.(BOE-A-2019-3377)

09-03-19

HACIENDA: Resolution of February 28, 2019, of the Presidency of the State Agency for Tax Administration, approving the definitive list of admitted and ex-cluded persons, indicating the exemption from the theoretical test, and announc-ing the date, time and place for holding the aptitude tests for training as a cus-toms representative, convened by Resolution of July 26, 2018. (BOE-A-2019-3418)

15-03-19

ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, publishing the list of European standards that have been ratified during the month of February 2019 as Spanish stand-ards. (BOE-A-2019-3802)

ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Company, publishing the list of UNE regulations annulled during the month of February 2019. (BOE-A-2019-3803)

ITT: Resolution of March 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Companies, by which the list of UNE standards ap-proved by the Spanish Association for Standardization is published, during the month of February 2019. (BOE-A-2019-3804)

18-03-19

FOREIGN AFFAIRS, EU AND COOPERATION (FA,EU,C): Amendments to the main text of the Customs Convention on the international carriage of goods, under the TIR Carnets, adopted in Geneva on October 12, 2017. (BOE-A-2019-3857)

FA, EU, C: Correction of errors in the provisional application of the Free Trade Agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other, made in Brussels on October 6, 2010.(BOE-A-2019-3858)

25-03-19

FA, EU C: Provisional application of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, on the one hand, and the State of Israel, on the other, to take into account the accession of the Republic of Croatia to the Union Euro-pean, made in Brussels on December 20, 2018. (BOE-A-2019-4292)

26-03-19

LABOR, MIGRATION, ETC.: Resolution of March 25, 2019, of the Secretary of State for Migration, publishing the Agreement of the Council of Ministers of March 22, 2019, approving the instructions by which the procedure is determined, in case of withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union being reached, for the documentation of United King-dom nationals resident in Spain before the date of withdrawal and of the mem-bers of his family, as well as for the documentation of United Kingdom nationals who meet the status of frontier workers before the date of withdrawal. (BOE-A-2019-4356)

PRESIDENCY: Royal Decree 78/2019, of February 22, approving the Regulation that develops Law 49/1999, of December 20, on control measures for chemical substances susceptible to diversion for the manufacture of chemical weapons. (BOE-A-2019-4357)

Restrictive measures established, amended, corrected

The following restrictive measures (grouped by country) were established,

amended or corrected and published in the national official journals or agency

websites during the period covered by this Update. [This is a partial listing, unoffi-

cial translations.] *The date shown may be the signature date, release date or

publication date, depending on local practice.




























































Baker McKenzie


8461069-v8\WASDMS

86

Date* Restrictive Measure

ICELAND

05-03-19

№ 221/2019 (09-01-19) Regulation on a change to the Regulation on coercive measures concerning Libya no. 887/2015, with subsequent amendments

№ 222/2019 (07-02-19) Regulation on a change to the Regulation on coercive measures concerning the People's Republic of Korea no.160/2015, with subse-quent amendments

№ 1399/2018 (06-11-18) Regulation on a change to the regulation on coercive measures concerning Somalia no. 792/2015, with subsequent amendments

№ 1400/2018 (18-12-18) Regulation on a change to the regulation on measures against terrorism no. 448/2014, with subsequent amendments

IRELAND (EIRE)

01-03-19

S.I. No. 61 of 2019 - European Union (Restrictive Measures concerning the Re-public of Guinea) Regulations 2019

S.I. No. 62 of 2019 - European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) Regulations 2019

S.I. No. 63 of 2019 - European Union (Restrictive Measures concerning Vene-zuela) Regulations 2019

S.I. No. 64 of 2019 - European Union (Restrictive Measures concerning South Sudan) Regulations 2019

S.I. No. 65 of 2019 - European Union (Restrictive Measures concerning Burundi) Regulations 2019

15-03-19

S.I. No. 82 of 2019 - European Union (Restrictive Measures Concerning Ukraine) Regulations 2019

S.I. No. 83 of 2019 - European Union (Restrictive Measures Concerning Myan-mar/Burma) Regulations 2019

S.I. No. 84 of 2019 - European Union (Restrictive Measures Concerning Iraq) Regulations 2019

S.I. No. 85 of 2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities With A View To Combating Terrorism) Regulations 2019

S.I. No. 86 of 2019 - European Union (Restrictive Measures Concerning Libya) Regulations 2019

S.I. No. 87 of 2019 - European Union (Restrictive Measures concerning ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associ-ated with them) Regulations 2019

S.I. No. 88 of 2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities Associated With The Isil (Da’esh) And Al-Qaida Organisations) Regulations 2019

S.I. No. 89 of 2019 - European Union (Restrictive Measures Concerning Afghan-istan) Regulations 2019

LATVIA

01-03-19 MFA Sanctions Guidance: Informatīvais Materiāls (Vadlīnijas) Sankciju Efektīvai Ieviešanai Latvijā (in Latvian only)

LIECHTENSTEIN

14-03-19

LGBI № 2019.062 Order of 12 March 2019 amending the Regulation on measures against certain persons from Ukraine (LR № 946.224.0)

LGBI № 2019.063 Order of 12 March 2019 amending the Regulation on measures against Syria (LR № 946.223.8)

29-03-19 LGBI № 2019.078 Order of 26 March 2019 amending the Regulation on measures against persons and entities linked to the groups “ISIL (Da'esh)” and “Al-Qaida” (LR № 946.222.22)

LGBI № 2019.079 Order of 26 March 2019 amending the Regulation on measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (LR № 946.224.2)

LUXEMBOURG

01-03-19 Mem A 96: Ministerial Regulation of 1 March 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the Implementation of United Nations Security Council Resolutions and

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=6e8207cf-7569-4493-a87e-a068e28ee0b7

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=6e8207cf-7569-4493-a87e-a068e28ee0b7

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=183693e7-1027-4655-a15a-31c49378680e



https://www.stjornartidindi.is/PdfVersions.aspx?recordId=dd6da4b4-d9d8-4188-ab11-35d2117cf9a4

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=dd6da4b4-d9d8-4188-ab11-35d2117cf9a4

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=d17f485a-bd11-48f3-87bc-65c47afda362

https://www.stjornartidindi.is/PdfVersions.aspx?recordId=d17f485a-bd11-48f3-87bc-65c47afda362













http://www.irishstatutebook.ie/eli/2019/si/83/made/en/pdf

















https://www.mfa.gov.lv/images/-relizes/AM_sankciju_vadlinijas.pdf

https://www.mfa.gov.lv/images/-relizes/AM_sankciju_vadlinijas.pdf

https://www.gesetze.li/chrono/2019062000










http://legilux.public.lu/eli/etat/leg/memorial/2019/a96



Baker McKenzie


8461069-v8\WASDMS

87

Date* Restrictive Measure

Acts adopted by the European Union containing prohibitions and restrictive fi-nancial measures against certain persons, entities and groups in the fight against the financing of terrorism.

14-03-19

Mem A 151: Regulation of the Commissariat aux Assurances No. 19/04 of Feb-ruary 26, 2019 amending the Regulation of the Commissariat aux Assurances No. 13/01 of December 23, 2013 on the fight against money laundering and the financing of terrorism.

25-03-19

Mem A 182: Ministerial Regulation of 25 March 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the Implementation of United Nations Security Council Resolutions and Acts adopted by the European Union containing prohibitions and restrictive fi-nancial measures against certain persons, entities and groups in the fight against the financing of terrorism.

Non EU-EFTA European Countries

TURKEY

Legislation (laws, resolutions, orders, etc.)

The following documents were published in the on-line T.C. Resmî Gazete.

Date Subject

01-03-19 Implementing Regulation on Principles and Procedures for the Production, La-beling and Inspection of Tobacco Products

03-03-19 Communiqué on the Amendment to the Communiqué No: 2018-32 / 48 on the Communiqué No. 32 on the Protection of Turkish Currency Value (Communi-qué No: 2018-32 / 48) (No: 2019-32 / 53)

09-03-19

Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/10)

Communiqué Amending the Communiqué on the Implementation of Supervi-sion on Importation (Communiqué No: 2007/25)

11-03-19

Communiqué on Application of Tariff Quota for Potato Imports

Decision on Implementation of Tariff Quota in Potato Imports (Number of Deci-sions: 815)

01-03-19

The Republic of Turkey Belongs to Serbian Republic Free Trade Agreement between Protocol II Location of the site January 30, 2018 Dated “Protocol II” Agreement originating products Concept of Definition and Amending the Proto-col II on Administrative Cooperation Method January 17, 2017 and dated 1/2017 Resolution on the Approval of Protocol III of 30 January 2018 on the Joint Trade Decision and the Service Trade Added to the Agreement (Number of Decision: 821)

14-03-19

Communiqué Amending the Communiqué on the Implementation of Supervi-sion on Importation (Communiqué No: 2015/8)

Kyrgyz Republic Government of the Republic of Turkey between the Govern-ment of the Common Customs Council Resolution on the Ratification of the Memorandum of Understanding on the Establishment (Decision Count: 838)

16-03-19 List of Taxes, Duties and Exemptions for February 2019 (Y)

17-03-19

List of Inward Processing Permits (D1) of February 2019

Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/9)

19-03-19 Communiqué on the Amendment to the Customs General Communiqué (Cus-toms Transactions) (Serial No: 97) (Customs Procedures) (Serial No: 158)

20-03-19 Implementing Regulation on Principles and Procedures for the Production, La-beling and Inspection of Tobacco Products

21-03-19 Attachment to the Decree of the Council of Ministers dated 30/9/2013 and num-bered 2013/5428 on the Freezing of the Assets of the Persons, Organizations or Organizations Listed by the Decisions of the United Nations Security Council








http://legilux.public.lu/eli/etat/leg/rmin/2019/03/25/a182/jo






http://www.resmigazete.gov.tr/default.aspx

http://www.resmigazete.gov.tr/eskiler/2019/03/20190301-5.htm










http://www.resmigazete.gov.tr/eskiler/2019/03/20190311-11.pdf


http://www.resmigazete.gov.tr/eskiler/2019/03/20190314M1-1.pdf























Baker McKenzie


8461069-v8\WASDMS

88

Date Subject

(1267 (1999), 1988 (2011) and 1989 (2011) (1) ) Decision on Amendment to the List (Number of Decisions: 840)

Attachment to the Decree of the Council of Ministers dated 30/9/2013 and num-bered 2013/5428 on the Freezing of the Assets of the Persons, Organizations or Organizations Listed by the Decisions of the United Nations Security Council (1267 (1999), 1988 (2011) and 1989 (2011) (1) ) Decision on Amendment to the List (Number of Decisions: 841)

26-03-19 Kingdom of Morocco Government of the Republic of Turkey by road between the Government Resolution on the Ratification of the Agreement on Interna-tional Passenger and Cargo Transportation (Decision Count: 858)

UKRAINE

Ukraine enacts additional sanctions against Russia

On 19 March 2019, the President of Ukraine enacted the decision of the Ukrain-

ian National Security and Defense Council (“NSDC”)[1] imposing new and extend-

ing existing sanctions against 294 legal entities and 848 individuals.

Extensive sanctions restrictions, including assets freeze, preventing the with-

drawal of capital outside of Ukraine and restricting trade operations, were im-

posed against Russian and foreign companies and individuals that:

were involved in the construction of the Kerch Strait Bridge, including Stroigasmontazh LLC, PJSC Mostotrest and JSС Insitute Giprostroimost – St. Petersburg;

distribute publishing products of anti-Ukrainian content, including Publishing House Eksmo LLC, Publishing House Veche LLC and Publishing House Ast LLC;

violated Ukrainian legislation on entry and/or exit to/from Crimea;

illegally received and used museum collections owned by Ukraine;

were involved in an armed attack and seizure of Ukrainian military boats, as well as the illegal detention of Ukrainian sailors; and

organized and facilitated elections on the temporarily occupied territories of Do-netsk and Luhansk regions and in the Crimea.

The new sanctions list includes PJSC Severstal, PJSC Power Machines, JSC

Stroytransgaz, JSC Russian Aircraft Corporation MIG, Shipbuilding Plant Zaliv

LLC, PJSC Yaroslavsky Shipbuilding Plant, PJSC Tupolev, EN+ Group PLC and

PJSC Mako Holding.

The NSDC also extended the term of certain existing sanctions restrictions, in

particular against banks with the Russian state capital (Sberbank PJSC, Promin-

vestbank PJSC, VTB Bank PJSC and BM Bank PJSC) and Yandex.

The new sanctions are imposed/extended for a period from two to three years.

[1] Decree of the President of Ukraine No. 82/2019 dated 19 March 2019 enacting the NSDC De-

cision dated 19 March 2019 “On Imposition, Cancellation and Amendment of Personal Special Economic and Other Restrictive Measures (Sanctions)”.

If you have any questions, please contact the author: Hanna Shtepa.











http://sanctionsnews.bakermckenzie.com/ukraine-enacts-additional-sanctions-against-russia/#_ftn1

http://sanctionsnews.bakermckenzie.com/ukraine-enacts-additional-sanctions-against-russia/#_ftnref1


Baker McKenzie


8461069-v8\WASDMS

89

Legislation (laws, resolutions, orders, etc.)

The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi-

dential Decrees (Указ Президента), Decrees of the Cabinet of Ministers

(Розпорядження Кабінету Міністрів України), Regulations (Положення),

Agency Orders (Наказ) and other pieces of legislation were posted on the Parlia-

mentary (Верховної Ради) website during the period of coverage of this Update:

Date Subject

04-03-19

About the authorization of P. Degtyarenko to sign the Protocol to the Coopera-tion Agreement on the Civil Global Navigation Satellite System (GNSS) be-tween Ukraine and the European Community and its member States in connec-tion with the accession of the Republic of Bulgaria, Romania and the Republic of Croatia to the European Union Order of the President of Ukraine dated March 4, 2019 No. 28/2019-rp

05-03-19 On the Concept of Combating Terrorism in Ukraine Decree of the President of Ukraine; Concept from 05.03.2019 № 53/2019

06-03-19

On amendments to the Procedure for the conduct of trade activities and the rules of trade services in the consumer goods market Resolution of the Cabinet of Ministers of Ukraine dated March 6, 2019 No. 168

On approval of the criteria for assessing the degree of risk from conducting economic activities in the field of prevention and reduction of the use of tobacco products and their harmful effects on the health of the population and is deter-mined by the frequency of implementation of planned state supervision (con-trol) by the State Service for Food Safety and Protection of consumers Resolution of the Cabinet of Ministers of Ukraine; Criteria, List from March 6, 2019 No. 183

EURASIAN ECONOMIC UNION (EAEU)

Decisions and recommendations of the Eurasian Economic Com-mission

The following Eurasian Economic Commission (EEC) decisions and recommen-

dations have been posted in the documents section of the Eurasian Economic

Commission documentation page. In general, only Решения, Распоряжение

and Recommendations having a direct effect on international traders are listed.

Draft decrees and orders are not listed

Publication Date

Title

Council (Совет) of the Eurasian Economic Commission Решение

12-03-19

№ 6 (22-02-19) On determining the composition, structure and format, as well as the frequency and order of providing information about the movement of goods and vehicles across the customs border of the Eurasian Economic Union

№ 7 (22-02-19) On Amendments to the Order of Interaction of the Member States of the Eurasian Economic Union in the prevention, diagnosis, localiza-tion and elimination of foci of especially dangerous, quarantine and zoonotic animal diseases and conducting regionalization and compartmentalization

№ 8 (22-02-19) On Amendments to Section II of the Unified List of Products (Goods) Subject to State Sanitary and Epidemiological Supervision (Control) at the Customs Border and the Customs Territory of the Eurasian Economic Un-ion

№ 9 (22-02-19) On introducing changes to Section II of the plan for the devel-opment of technical regulations of the Eurasian Economic Union and amending the technical regulations of the Customs Union

№ 10 (22-02-19) On introducing changes to position 31 of Section II of the plan for the development of technical regulations of the Eurasian Economic Union and amending the technical regulations of the Customs Union

http://zakon4.rada.gov.ua/laws/main/n/page

http://zakon4.rada.gov.ua/laws/main/n/page

https://zakon.rada.gov.ua/laws/show/28/2019-%D1%80%D0%BF





https://zakon.rada.gov.ua/laws/show/53/2019

https://zakon.rada.gov.ua/laws/show/168-2019-%D0%BF







http://www.eurasiancommission.org/ru/docs/Pages/default.aspx?ddb=%d0%95%d0%ad%d0%9a%3b&dpsd=2009-01-01&dped=2013-12-31&qt=Morphology&pt=tree&search=1&page=1&ismain=0&hd=1

http://www.eurasiancommission.org/ru/docs/Pages/default.aspx?ddb=%d0%95%d0%ad%d0%9a%3b&dpsd=2009-01-01&dped=2013-12-31&qt=Morphology&pt=tree&search=1&page=1&ismain=0&hd=1

https://docs.eaeunion.org/docs/ru-ru/01421132/cncd_12032019_6

















Baker McKenzie


8461069-v8\WASDMS

90

Publication Date

Title

№ 11 (22-02-19) About modification in the Uniform list of the goods which are subject to veterinary control (supervision)

№ 12 (22-02-19) On Amendments to the Unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union, as well as to some decisions of the Supreme Eurasian Economic Council and the Board of the Eurasian Eco-nomic Commission regarding polypropylene yarns for carpet production

Board (Коллегии) of the Eurasian Economic Commission Решения

07-03-19 № 26 (05-03-19) On Amendments to the Decision of the Commission of the Customs Union of September 20, 2010 No. 375 and the Decision of the Board of the Eurasian Economic Commission No. 11 of December 11, 2018

15-03-19

№ 27 (12-03-19) On the classification of tanks for semi-trailers in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union

№ 28 (12-03-19) On the classification of hydraulic oil in accordance with a sin-gle commodity nomenclature of foreign economic activity of the Eurasian Eco-nomic Union

№ 29 (12-03-19) On the fulfillment by the Kyrgyz Republic of obligations in the framework of the functioning of the internal market of the Eurasian Economic Union

№ 30 (12-03-19) On recognition of invalidation of some decisions of the Com-mission of the Customs Union

25-03-19

№ 31 (19-03-19) On the fulfillment by the Russian Federation of obligations in the framework of the functioning of the internal market of the Eurasian Eco-nomic Union

№ 32 (19-03-19) On setting rates of import customs duties of the Unified Cus-toms Tariff of the Eurasian Economic Union in respect of certain types of car-bon and graphite products for aluminum electrolysis

№ 33 (19-03-19) On making changes to the structure and format of the goods declaration and transit declaration

№ 34 (19-03-19) On making changes to the structure and format of the adjust-ment of the goods declaration

№ 35 (19-03-19) On approval of the Methodology for the formation of official statistical information of the Eurasian Economic Union

№ 36 (19-03-19) On making changes to the structure and format of the cus-toms value declaration

№ 37 (19-03-19) On technological documents regulating information interaction in the implementation by means of an integrated information system of the Eur-asian Economic Union of the general process “Formation, maintenance and use of a common register of authorized economic operators”

№ 38 (19-03-19) On approval of the Rules for the implementation of common processes in the field of information support of the use of quarantine phytosani-tary measures

№ 39 (19-03-19) On transitional provisions of the technical regulations of the Eurasian Economic Union “On the safety of combustible natural gas prepared for transportation and (or) use” (TP EAEU 046/2018)

№ 40 (19-03-19) On introducing changes to the Program for the development (amendment, revision) of intergovernmental standards, as a result of which vol-untary compliance with the requirements of the technical regulations of the Customs Union “On the safety of milk and dairy products” (ТР ТС 033/2013), as well as intergovernmental standards is ensured containing rules and meth-ods of research (testing) and measurements, including the rules for sampling, necessary for the application and execution of the requirements of the technical regulations of the Customs Union a “On the safety of milk and dairy products” (TR CU 033/2013) and the implementation of conformity assessment of objects of technical regulation

№ 41 (19-03-19) On introducing amendments to some decisions of the Board of the Eurasian Economic Commission








https://docs.eaeunion.org/docs/ru-ru/01421096/clcd_07032019_26


















































Baker McKenzie


8461069-v8\WASDMS

91

Publication Date

Title

29-03-19

№ 43 (26-03-19) On the application of anti-dumping measures through the in-troduction of anti-dumping duties on cast aluminum wheels originating from the People's Republic of China and imported into the customs territory of the Eura-sian Economic Union

№ 44 (26-03-19) On introducing amendments to some decisions of the Board of the Eurasian Economic Commission

№ 45 (26-03-19) On the classification of a portable device for reading books in electronic format in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union

Board Распоряжение

15-03-19

№ 40 (12-03-19) On introducing changes to the interdepartmental working group on the mutual recognition of electronic digital signature, made in accord-ance with the legislation of one state - member of the Eurasian Economic Un-ion, another member state in order to implement section XXII of the Treaty on the Eurasian Economic Union of May 29, 2014

Classification decisions adopted by the Commission and prelimi-nary 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 web-

site 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, ra-

tionale (GRIs) for the decision.

BELARUS

Preliminary decisions on tariff classification

The State Customs Committee maintains a searchable database of preliminary

decisions on the tariff classification of goods (База данных товаров, в

отношении которых принято предварительное решение о

классификации). The database has been updated through March 2019. It may

be searched by tariff code or description (in Russian).

RUSSIAN FEDERATION

Legislation (acts, resolutions, orders, etc.)

The following Russian Federation (RF) Acts, Government Resolutions/Decrees

(Постановление Правительства) (GR), Federal Customs Service (FCS) Orders

and other pieces of legislation were published in the Rossiyskaya Gazeta or the

Official Portal for Legal Information (Официальный интернет-портал правовой

информации) during the period of coverage of this Update:

Date of Publication

Subject

01-03-19

Order of the Federal Customs Service of 04.02.2019 No. 169 ”On Forms of Documents Provided by Article 158 of the Federal Law of August 3, 2018 No. 289-Ф3” On Customs Regulation in the Russian Federation and on Amend-ments to Certain Legislative Acts of the Russian Federation “ for the purpose of exporting goods placed under the free warehouse customs procedure and / or goods manufactured (received) from the goods placed under the free ware-house customs procedure from the free warehouse territory to the rest of the Eurasian customs territory Economic Union without the completion of the cus-toms procedure of a free warehouse “ (Registered 02/28/2019 No. 53927)










https://docs.eaeunion.org/docs/ru-ru/01421168/clco_15032019_40





http://www.eurasiancommission.org/ru/act/tam_sotr/departament/KlassPoTNVED_TS/Pages/solutions.aspx

http://www.eurasiancommission.org/ru/act/tam_sotr/departament/KlassPoTNVED_TS/Pages/solutions.aspx

https://portal.eaeunion.org/sites/odata/_layouts/15/Portal.EEC.Registry.Ui/DirectoryForm.aspx?ViewId=01d0337c-71f3-455b-950d-d882bf9547d9&ListId=0e3ead06-5475-466a-a340-6f69c01b5687&ItemId=219

https://portal.eaeunion.org/sites/odata/_layouts/15/Portal.EEC.Registry.Ui/DirectoryForm.aspx?ViewId=01d0337c-71f3-455b-950d-d882bf9547d9&ListId=0e3ead06-5475-466a-a340-6f69c01b5687&ItemId=219

http://www.customs.gov.by/ru/tnved-ru/

http://www.customs.gov.by/ru/tnved-ru/

http://www.rg.ru/

http://www.pravo.gov.ru/

http://www.pravo.gov.ru/

http://publication.pravo.gov.ru/Document/View/0001201903010001









Baker McKenzie


8461069-v8\WASDMS

92

Date of Publication

Subject

04-03-19

Order of the Federal Customs Service of 6.2.2019 number 197 ”On amend-ments to some legal acts of the FCS of Russia on the organization of the activ-ity of customs bodies of the Russian Federation” (04.03.2019 Registered num-ber 53945)

07-03-19

Order of the Federal Customs Service of January 17, 2019 No. 47 ”On ap-proval of the procedure for the establishment and operation of temporary stor-age warehouses, including temporary storage of customs authorities” (Regis-tered 07/03/2019 No. 53989)

Order of the Federal Customs Service of 05.02.2019 No. 181 ”On approval of the forms of documents used when making a preliminary decision on the origin of goods, when revoking such a decision and terminating it, the procedures for filling them out, as well as the form of notification about the need for additional information” (Registered 03/07/2019 No. 53984)

Order of the Federal Customs Service of 14/2/2019 number 258 ”On approval of forms of documents drawn up by the customs authorities during customs in-spections, filling their orders and order amending the decision to conduct an exit customs inspection” (Registration number 53988 3/7/2019)

11-03-19

Order of the Federal Customs Service dated 08/02/2019 № 209 ”On the Annul-ment of the order of the FCS of Russia on December 30, 2010 № 2708” On Approval of the act of the customs authority about the discovery of the fact of non-payment or incomplete payment of customs duties and the procedure for its preparation “ (Registered 07.03 .2019 No. 53995)

Order of the Federal Customs Service of 08.02.2019 No. 210 ”On recognizing invalid the order of the FCS of Russia of December 28, 2010 No. 2635” On ap-proving the form of the decision to suspend operations on accounts (accounts) of the customs duty payer and taxes (organizations or individual entrepreneurs) in the bank and the decision to cancel the suspension of operations on the ac-counts (account) of the payer of customs duties and taxes (organizations or in-dividual entrepreneurs) in the bank on paper and the procedure for sending these decisions by the customs authority to the bank “ (Registered 07.03.2019 No. 54002)

Order of the Federal Customs Service of 08.02.2019 No. 211 ”On approval of the forms of decisions and orders of the customs authority used in the collec-tion of customs payments, special, anti-dumping, countervailing duties, interest and penalties from the funds held in the payer's accounts obligation) in banks and its electronic money “ (Registered 07.03.2019 No. 54003)

Order of the Federal Customs Service dated 08/02/2019 № 215 ”On the Annul-ment of the order of the FCS of Russia on July 28, 2011 № 1542” (Registration number 53994 7.3.2019) .

13-03-19

Order of the Federal Customs Service of 6.2.2019 number 195 ”On Approval of the log of the declarations on the vehicle and the order of its filling” (Registra-tion number 54015 3/12/2019)

Order of the Federal Customs Service of 06.02.2019 No. 196 ”On approving the form of the prescription for conducting customs surveillance and the cus-toms surveillance act, the procedure for filling them out, and also cases when the results of customs surveillance are issued by the customs surveillance act” (Registered on 12.03.2019 No. 54020)

Order of the Federal Customs Service dated 02.02.2019 No. 212 “On approval of the Customs receipt form, Procedure for filling in the customs receipt, Proce-dure for sending to payers and (or) other persons who provided security for the performance of the obligation to pay customs duties, taxes, performance of the obligation to pay special, antidumping compensation duties, duties of a legal entity operating in the field of customs, duties of an authorized economic opera-tor, persons who delivered the general security for the fulfillment of the obliga-tion to pay customs duties, taxes, special, anti-dumping, countervailing duties, customs receipts through the personal account “ (Registered on 12.03.2019 No. 54016)

14-03-19 Order of the Federal Customs Service dated 07/02/2019 number 204 ”On ap-proval of the extension of the customs examination, the Order of the declarant, notice or other person having authority over the goods, the extension of the





























































Baker McKenzie


8461069-v8\WASDMS

93

Date of Publication

Subject

customs examination, the Order of the suspension period for customs examina-tion” (Registered 13.03 .2019 No. 54025)

Order of the Federal Customs Service of 08.02.2019 No. 213 ”On Approval of the Form and the Procedure for Completing the Notification of Planned Sup-plies” (Registered on 13.03.2019 No. 54027).

Order of the Federal Customs Service dated 02.02.2019 No. 214 ”On Approval of the Procedure for Extending the Term of Submitting a Declaration for Goods in respect of the Last Component of the Goods in Complete or Completed Form” (Registered on 03.03.2019 No. 54021)

15-03-19

Order of the Federal Customs Service of 07.02.2019 No. 205 ”On approval of forms and procedures for filling out paper documents used when making a pre-liminary decision on the classification of goods in accordance with the single Commodity Nomenclature of Foreign Economic Activities of the Eurasian Eco-nomic Union, upon revocation of such a decision and termination , as well as forms of notification about the need for additional information “ (Registered on 14.03.2019 No. 54042)

19-03-19

Order of the Federal Customs Service dated 12/19/2018 number 2067 ”On ap-proval of the technology of customs operations in respect of aircraft used for in-ternational transport, and transported their goods across the customs border of the Eurasian economic union with a unified automated information system of customs authorities” (Registered 18.03 .2019 No. 54070)

20-03-19

Order of the Federal Customs Service dated 17/12/2018 № 2058 ”On the An-nulment of the order of the FCS of Russia on December 30, 2010 № 2710” On Approval of the notification of a refundable cash balance of the proceeds from the sale of seized or confiscated goods “ (Registered 19.03 .2019 No. 54092)

22-03-19

Order of the Federal Customs Service of February 19, 2019 No. 289 ”On Ap-proval of the Procedure for Excluding Legal Entities from the Register of Cus-toms Carriers” (Registered on 03/21/2019 No. 54124)

Order of the Federal Customs Service of 20.02.2019 No. 296 ”On Approving the Regulations for the Implementation of the Federal Customs Service Depart-mental Control over Compliance with the Federal Law” On Procurement of Goods, Work, Services by Certain Legal Entities “and other regulatory legal acts of the Russian Federation adopted in accordance with it “ (Registered on 03/21/2019 No. 54115)

Order of the Federal Customs Service of 25.02.2019 No. 322 “On the approval of the order of destruction on the territory of a free warehouse or exportation from the territory of a free warehouse in order to destroy the worn out goods placed under the free warehouse customs procedure, which have lost their consumer properties and have become unsuitable for use in the quality for which they are intended, and (or) goods manufactured (received) from goods placed under the free warehouse customs procedure, which have lost their consumer properties and have become unsuitable for use This is the quality for which they are intended, as well as the packaging and packaging materials im-ported into the free warehouse, which have completely or partially lost their original purpose and consumer properties “ (Registered 21.03.

Order of the Federal Customs Service dated 12/25/2018 number 2123 ”On the determination of the type of security check X-ray equipment, as well as the cri-teria for decision-making about the need and its quantity in the territory of free warehouse” (21.03.2019 Registered number 54107)

25-03-19 Order of the Federal Customs Service dated 1.28.2019 № 130 ”On Amend-ments to the Order of the Federal Customs Service of Russia on March 22, 2013 № 548” (Registered number 54136 3/22/2019) .

29-03-19

Order of the Federal Customs Service of 25.02.2019 No. 321 ”On approval of the application forms of the person who made the advance payments, on providing a report on the expenditure of funds made as advance payments, a report on the expenditure of funds made as advance payments, the procedure for filing a person who have made advance payments, applications for the sub-mission of a report on the expenditure of funds made as advance payments, as well as the procedure for the submission of such a report by the customs au-thority “ (Registered on 03/28/2019 No. 54195)






























































Baker McKenzie


8461069-v8\WASDMS

94

MIDDLE EAST AND NORTH AFRICA

Qatar Diplomatic Crisis – Shipping Boycott Still Stands

In late February, various reports from news outlets and other sources have sug-

gested that some of the restrictions on the movements of goods between the

United Arab Emirates (UAE) and Qatar imposed by the UAE, Saudi Arabia, Bah-

rain and Egypt (Boycotting States) in June 2017 as part of the boycott on Qatar

have been partially lifted.

This followed a revised Direction issued by the Abu Dhabi Ports earlier in Febru-

ary 2019 and an almost identical Circular issued by DP World suggesting that re-

strictions would only apply to prohibit Qatari owned or flagged vessels from call-

ing at Abu Dhabi ports and DP World ports and to prohibit UAE owned or flagged

vessels from calling at Qatari ports. This was interpreted by some commentators

as a change in policy, effectively allowing cargo to be moved directly to or from

Qatar on vessels owned or flagged by countries not participating in the boycott.

However, in a statement issued on 21 February 2019, the UAE Federal

Transport Authority (FTA) refuted the suggestion of a partial easing of the Qatar

boycott and confirmed that there is no change in its policy regarding access to

Qatar via UAE ports and border crossings. The FTA clarified that the news re-

ports regarding exports and imports to and from Qatar are “inaccurate and mis-

construed”. In addition, we understand from the UAE Federal Customs Authority

that there has been no recent development in relation to the Qatar boycott. Simi-

larly, the Qatar Ports Management Company (Mwani Qatar) has confirmed that

there has been no change in policy from the Qatar perspective.

In light of these statements and until further information becomes available or the

situation is further clarified by the FTA or the customs authorities in the UAE, par-

ties should continue to operate on the basis that there has been no relief or relax-

ation of the boycott whether on the part of the UAE or Qatar.

What does this mean for you?

On the movement of goods

Given that the situation remains unchanged, we expect to see the UAE ports

continue to:

i. Prohibit any vessels hosting the Qatari flag or owned by Qatari companies or indi-viduals from passing through their ports

ii. Prohibit the unloading of any cargo of Qatari origin in any port or waters of the UAE; and

iii. Prohibit vessels (regardless of their flags or ownership) to load any cargo of UAE origin, destined to Qatar. In practice, this prohibition extends to any goods loaded at a UAE port that are destined to Qatar, irrespective of their country of origin.

Equally, we expect to see Qatar continuing its policy of prohibiting the import of

goods with certificates of origin from any of the Boycotting States even if they

pass through other countries (indirect shipments).

Qatar’s General Authority of Customs will also continue to reject (or at least de-

lay) any imports in circumstances where documentation submitted to clear the

goods for import refer to or have any nexus with any of the Boycotting States. We

Baker McKenzie


8461069-v8\WASDMS

95

are also aware of cases where the import of goods was delayed (or ultimately

was rejected) where the supply chain involved any parties domiciled in one of the

Boycotting States or were owned by entities registered in one of the Boycotting

States.

On the supply of services

We are not aware of any announcements, regulations, ministerial decrees or

practice by the Qatari authorities suggesting that the provision of services to Qa-

tar by any legal entity incorporated in, or any natural person resident in or a na-

tional of any of the Boycotting States is prohibited.

That said, if any such services are linked to the delivery of goods to Qatar, then

this could jeopardize the import of such goods if documentation referring to such

services is required and presented for clearance by Qatar Customs. For exam-

ple, transportation and freight services provided by UAE entities in relation to

goods being exported to Qatar could result in those goods not being cleared at

the port of entry if the names of the UAE entities appear in the shipping docu-

ments.

What’s next?

The dispute between the Boycotting States and Qatar is unlikely to be resolved

anytime in the foreseeable future. As the situation continues to evolve, we will

continue to monitor developments and provide updates from time to time.

For a more comprehensive overview of the status of the Qatar boycott, please

visit our dedicated website. You can also subscribe to our Middle East Insights

blog to receive future updates.

1. Qatar Diplomatic Crisis - What it Means for Your Business

2. https://me-insights.bakermckenzie.com/

For additional information, please contact: Borys Y. Dackiw, Reggie Mezu, Laya

Aoun-Hani, Tarek Saad, Kirsty Cattanach or Nick Roberts.

AFRICA (OTHER THAN NORTH AFRICA)

SOUTH AFRICA

South Africa launches safeguard investigation on threaded fasteners of iron and

steel

On 4 March 2019, South Africa notified the WTO’s Committee on Safeguards

that it initiated on 1 March 2019 a safeguard investigation on threaded fasteners

of iron or steel.

South African Customs and Excise Act Amendments of Rules and Tariff Schedules

Date Publication

Details Subject

Implemen-tation Date

22-03-19 GG.42324 R.448

Imposition of provisional payment in relation to the alleged dumping of clear float glass, classifiable in tariff subheadings 7005.29.17; 7005.29.23;

22-03-19 up to and

https://www.bakermckenzie.com/en/insight/publications/2017/07/qatar-diplomatic-crisis

mailto:https://me-insights.bakermckenzie.com/








https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=251927&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=False&HasSpanishRecord=False

Baker McKenzie


8461069-v8\WASDMS

96

Date Publication

Details Subject


7005.29.25 and 7005.29.35, originating in or im-ported from Saudi Arabia and the United Arab Emirates – ITAC Report 599

Notice R.448

including 22-09-19

29-03-19

GG.42338 R.500

Amendment to Part 1 of Schedule No. 1, by the in-sertion of new-8-digit tariff subheadings under tariff heading 84.71 and 95.04 to provide for computers with a screen size exceeding 45cm as well as gaming consoles with images produced on any ex-ternal screen

Notice R.500

With effect from

01-04-19

GG.42338 R.501

Amendment to Part 1 of Schedule No. 1, to provide for separate tariff subheadings for sanitary pads, bread flour and cake flour to facilitate the zero-rat-ing/VAT exemption as tabled by the Minister of Fi-nance on 20 February 2019

Notice R.501

GG.42352 R.515

Amendment to Part 1 of Schedule No. 1, to provide for separate tariff subheadings for pantyliners to fa-cilitate the zero-rating/VAT exemption as tabled by the Minister of Finance on 20 February 2019

Notice R.515

GG.42338 R.504

Amendment to Part 2B of Schedule No. 1, to give effect to the Budget proposals announced by the Minister of Finance on 20 February 2019 to ap-ply ad valorem excise duty on –

computers with a screen size exceeding 45 cm; and

gaming consoles with images produced on any external screen or surface

Notice R.504

GG.42338 R.502

Amendment to Part 5A of Schedule No. 1, by an increase of 15c/li in the rate of the general fuel levy from 337c/li to 352c/li and 322c/li to 337c/li on pet-rol and diesel respectively to give effect to the Budget proposals announced by the Minister of Fi-nance on 20 February 2019

Notice R.502 With effect

from 03-04-19

GG.42338 R.503

Amendment to Part 5B of Schedule No. 1, by an increase of 5c/li in the RAF levy from 193c/li to 198c/li on both petrol and diesel to give effect to the Budget proposals announced by the Minister of Finance on 20 February 2019

Notice R.503

GG.42338 R.506

Amendment to Part 7A of Schedule No. 1, by an increase of 10c/g in the rate of the health promo-tion levy from 2.1c/g per 100ml to 2.21c/g per 100ml to give effect to the Budget proposals an-nounced by the Minister of Finance on 20 February 2019

Notice R.506

With effect from

01-04-19

GG.42338 R.505

Amendment to Part 3 of Schedule No. 6, as a con-sequence to the increase in the fuel and RAF levy as announced by the Minister of Finance in his budget speech of 20 February 2019; the diesel re-fund provisions are adjusted accordingly

Notice R.505

With effect from 03-04-19

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-06%20-%20R448%20GG42324%20RPP%20(Clear%20floating%20glass)%2022%20March%202019.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-07%20-%20R500%20GG42338%20Sch%201P1%20Eng%20Computer%20screens.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-09%20-%20R501%20GG42338%20Sch%201P1%20Zero%20Rated%20VAT%20items%20Eng.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-08%20-%20R515%20GG42352%20Sch%201P1%20Zero%20Rate%20pantyliners%20Eng.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-10%20-%20R504%20GG42338%20Sch%201P2B%20Ad%20Valorem%20Computer%20Screens%20Eng.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-11%20-%20R502%20GG42338%20Sch%201P5A%20Fuel%20Levy%20and%20RAF%20Eng.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-12%20-%20R503%20GG42338%20Sch%201P5B%20RAF%20Eng.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-13%20-%20R506%20GG42338%20Sch%201P7A%20Health%20Promotion%20Levy%20Eng.pdf

http://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2019-14%20-%20R505%20GG42338%20Sch%206P3%20Consequence%20fuel%20levy%20Eng.pdf

Baker McKenzie


8461069-v8\WASDMS

97

Date Publication

Details Subject


29-03-19 GG.42356 R.516

DAR183 – Postponement of implementation date of IAA rules published on 21 December 2018

Notice R.516 01-09-19

Trade compliance enforcement actions - import, export, IPR, FCPA

The links below will take you to official press releases and summaries of adminis-

trative and judicial trade compliance enforcement actions (arrests, indictments,

penalties, seizures, convictions, debarments, etc.) involving US and foreign im-

port, export, FCPA/anti-bribery, IPR border enforcement and related matters.

Child pornography, controlled substance and currency related seizures and ar-

rests 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 SE-

CURITY, OFFICE OF EXPORT ENFORCEMENT (COMMERCE); CBP=US CUSTOMS AND BORDER PROTECTION; CPSC=CONSUMER PRODUCT SAFETY COMMISSION; DDTC= STATE DEP’T DIRECTORATE OF DEFENSE

TRADE CONTROLS; DOJ=DEPARTMENT OF JUSTICE, INCLUDING US ATTORNEYS; DEA=DRUG ENFORCE-

MENT ADMINISTRATION; DOD=DEP’T OF DEFENSE COMPONENTS [NCIS, DCIS, CID, ETC.); FBI=FEDERAL

BUREAU OF INVESTIGATION; FDA= US FOOD AND DRUG ADMINISTRATION; FRB= FEDERAL RESERVE

BOARD OF GOVERNORS; FTC= FEDERAL TRADE COMMISSION; FWS= US FISH & WILDLIFE SERVICE; USFS= US FOREST SERVICE; GSA= GENERAL SERVICES ADMINISTRATION; ICE OR HSI=US IMMIGRATION

AND CUSTOMS ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS; NOAA=NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION; OFAC=OFFICE OF FOREIGN ASSETS CONTROL (TREASURY); SEC=SECU-

RITIES AND EXCHANGE COMMISSION; TTB=ALCOHOL AND TOBACCO TAX AND TRADE BUREAU; USCG= US

COAST GUARD; USPIS=POSTAL INSPECTION SERVICE; USDA= US DEPARTMENT OF AGRICULTURE; ; DSS= DIPLOMATIC SECURITY SERVICE. LOCAL AGENCIES - PD = POLICE DEPARTMENTS; NON-US AGEN-

CIES - CBSA= CANADA BORDER SERVICES AGENCY; RCMP= ROYAL CANADIAN MOUNTED POLICE; SAT=MEXICAN CUSTOMS; HKCE= HONG KONG CUSTOMS & EXCISE; SFO = UK SERIOUS FRAUD OFFICE.]

Date of Release

Subject

03-07-19 7 people, including 3 Filipinos, charged with fraudulently selling jewelry imported from the Philippines as Native American-made (DOJ, ICE, FWS, Arizona, Texas and USFS)

03-08-19 Venezuelan Minister and Former Vice President Tareck Zaidan El Aissami Mad-dah charged with violations of the Foreign Narcotics Kingpin Designation Act (DOJ, ICE, OFAC, DEA, CBP)

03-18-18 Staten Island Attorney Pleads Guilty to Fraud and Extortion Scheme (DOJ, FBI, BIS)

03-19-19

U.S. v. Asgari, case number 18-3302, [6th Cir. U.S. Ct. Appeals] Iran sanctions and visa fraud (DOJ, FBI)

U.S. v. Ho et al., case number 19-00038, [U.S. Court of International Trade] False customs documents (DOJ, CBP)

03-21-19

Australian National Sentenced to Prison Term For Exporting Electronics to Iran (DOJ, ICE, DCIS, BIS)

New Jersey Man Pleads Guilty to Conspiring to Violate the Arms Export Control Act (DOJ, ICE, USPIS)

03-22-19

(F) China's customs seize over 300,000 tonnes of smuggled waste (China Cus-toms)

(F) The General Administration of Customs launched the first round of concen-trated action against the smuggling of foreign garbage “Blue Sky 2019”

03-26-19 Treasury/OFAC Disrupts Large Scale Front Company Network Transferring Funds to the IRGC and Iran's Ministry of Defense (OFAC)

http://www.sars.gov.za/AllDocs/LegalDoclib/SecLegis/LAPD-LSec-CE-RA-2019-03%20-%20Notice%20R516%20GG42356%20IAA%20rules%20substitution%20of%20date%20-%2018%20March%202019.pdf

https://urldefense.proofpoint.com/v2/url?u=https-3A__links.govdelivery.com_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwMzA4LjI4OTAyOTEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwMzA4LjI4OTAyOTEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5MTg3MyZlbWFpbGlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdXNlcmlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26102-26-26-26https-3A__www.ice.gov_news_releases_7-2Dpeople-2Dincluding-2D3-2Dfilipinos-2Dcharged-2Dfraudulently-2Dselling-2Djewelry-2Dimported&d=DwMFAw&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=E61C75hK8wte934fFeUEqnmkcFW4wMVCXvE9i8lUdJs&s=I2SvMt3JudxKIm8IYlIH_tVF-G_jbXaREZKsdP8HyOQ&e=

https://urldefense.proofpoint.com/v2/url?u=https-3A__links.govdelivery.com_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwMzA4LjI4OTAyOTEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwMzA4LjI4OTAyOTEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5MTg3MyZlbWFpbGlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdXNlcmlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26102-26-26-26https-3A__www.ice.gov_news_releases_7-2Dpeople-2Dincluding-2D3-2Dfilipinos-2Dcharged-2Dfraudulently-2Dselling-2Djewelry-2Dimported&d=DwMFAw&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=E61C75hK8wte934fFeUEqnmkcFW4wMVCXvE9i8lUdJs&s=I2SvMt3JudxKIm8IYlIH_tVF-G_jbXaREZKsdP8HyOQ&e=

https://urldefense.proofpoint.com/v2/url?u=https-3A__links.govdelivery.com_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwMzA4LjI4NzU5ODEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwMzA4LjI4NzU5ODEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5MTc4MyZlbWFpbGlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdXNlcmlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26102-26-26-26https-3A__www.ice.gov_news_releases_venezuelan-2Dminister-2Dand-2Dformer-2Dvice-2Dpresident-2Dtareck-2Dzaidan-2Del-2Daissami-2Dmaddah-2Dcharged&d=DwMFAA&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=CzDdeBN2HIPYmlsqDSmDN0W_bkc0NjBxlG-oq6phLUY&s=yjMVVIjiu9XEpoqQdFBMtdV3Gn3XUii3Oti9NMLcQJ0&e=

https://urldefense.proofpoint.com/v2/url?u=https-3A__links.govdelivery.com_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwMzA4LjI4NzU5ODEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwMzA4LjI4NzU5ODEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5MTc4MyZlbWFpbGlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdXNlcmlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26102-26-26-26https-3A__www.ice.gov_news_releases_venezuelan-2Dminister-2Dand-2Dformer-2Dvice-2Dpresident-2Dtareck-2Dzaidan-2Del-2Daissami-2Dmaddah-2Dcharged&d=DwMFAA&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=CzDdeBN2HIPYmlsqDSmDN0W_bkc0NjBxlG-oq6phLUY&s=yjMVVIjiu9XEpoqQdFBMtdV3Gn3XUii3Oti9NMLcQJ0&e=

https://www.justice.gov/usao-edny/pr/staten-island-attorney-pleads-guilty-fraud-and-extortion-scheme

http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0047p-06.pdf

http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0047p-06.pdf

https://www.justice.gov/usao-dc/pr/australian-national-sentenced-prison-term-exporting-electronics-iran

https://www.justice.gov/usao-wdpa/pr/new-jersey-man-pleads-guilty-conspiring-violate-arms-export-control-act

https://www.justice.gov/usao-wdpa/pr/new-jersey-man-pleads-guilty-conspiring-violate-arms-export-control-act

http://www.xinhuanet.com/english/2019-03/22/c_137915891.htm

http://www.customs.gov.cn/customs/302249/302425/2351451/index.html

http://www.customs.gov.cn/customs/302249/302425/2351451/index.html



Baker McKenzie


8461069-v8\WASDMS

98

Date of Release

Subject

03-27-19 Stanley Black & Decker, Inc. Settles Potential Civil Liability for Apparent Violations of the Iranian Transactions and Sanctions Regulations Committed by its Chinese-Based Subsidiary Jiangsu Guoqiang Tools Co. Ltd. [$1,869,144] (OFAC)

03-29-19

TTB Accepts $1.3m Offer In Compromise From Sun Liquor Mfg., Inc. (TTB)

2 Los Angeles-area corporate executives indicted in first-ever criminal prosecution for failure to report under consumer product safety act (DOJ, ICE, CPSC)

Newsletters, Reports, Articles, Etc.

Baker & McKenzie Global VAT/GST Newsletter

Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into

important developments in the field of VAT/GST across the globe. In order to

maximize the effectiveness of this newsletter to you, most articles are brief and

are designed to flag topics that are likely to affect multi-national businesses. Con-

tacts for the Global VAT/GST Newsletter are:

Jochen Meyer-Burrow, Partner, [email protected]

Martin Morawski, Associate, [email protected]

Publications, Alerts, Newsletters

The following Baker & McKenzie publications, client alerts, legal alerts or news-

letters released during the period of coverage of this Update may be of interest to

you:

Subject

International Trade, Tax and Anti-corruption

Global International Trade Compliance Update – March 2019 {older issues}

North America Tax News and Developments - February 2019

Bangkok Tax Client Alert: ROH, IHQ, and ITC tax benefits are being terminated

Mexico International Commercial Client Alert: Temporary importation of sensitive goods and the new requirement to secure compliance with export obligations (Eng.); Importación temporal de bienes sensibles y el nuevo requisito para garantizar su retorno (Span.)

Other areas

Australia Client Alert: Reminder to update details of foreign-owned water holdings

Baker McKenzie FenXun Mergers and Acquisitions Client Alert: China issues a new con-solidated law on foreign investment

Baker McKenzie FenXun Financial Services Client Alert: SAFE Issues New Rules on Cross-border Cash Pooling

Singapore Intellectual Property Client Alert: Singapore Copyright Review - Enhancing Cre-ators' Rights and Users' Access to Copyrighted Works/ European Parliament approves EU-Singapore Free Trade Agreement and EU-Singapore Investment Protection Agreement

US: Aerospace & Defense Compliance Bullet (February 2019)

US: LegalBytes – Global Technology, Media & Telecommunications Group March 2019

Thailand Trade Competition Client Alert: Competition Series #1: Criteria for “dominance”

Vietnam Intellectual Property: Protecting IP rights in the DPRK (Article in Vietnam Invest-ment Review)

Vietnam: Update to New Draft Policy on Feed-in-Tariffs Post-30 June 2019 for Solar Power Projects in Vietnam

Vietnam Real Estate Newsletter (February 2019)

Vietnam Renewable Energy Client Alert: Vietnam issues new Circular No. 05 to provide a new model power purchase agreement for rooftop solar energy output for sale to EVN

https://www.treasury.gov/resource-center/sanctions/CivPen/Documents/20190327_decker.pdf



https://www.ttb.gov/fo/compromise/2019/sun-liquor-oic-redacted.pdf

https://urldefense.proofpoint.com/v2/url?u=https-3A__links.govdelivery.com_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwNDAxLjQwMzYxMTEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwNDAxLjQwMzYxMTEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5NzM2MSZlbWFpbGlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdXNlcmlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26102-26-26-26https-3A__www.ice.gov_news_releases_2-2Dlos-2Dangeles-2Darea-2Dcorporate-2Dexecutives-2Dindicted-2Dfirst-2Dever-2Dcriminal-2Dprosecution&d=DwMFAw&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=6wpJFWFADowAi4NFcL8PKDHMllGAPKtnaRh62rwIWYs&s=XydEXKC8Kj_TFfmTbR-FqGbiWhXUg26U9gfZaNdFDyg&e=

https://urldefense.proofpoint.com/v2/url?u=https-3A__links.govdelivery.com_track-3Ftype-3Dclick-26enid-3DZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTkwNDAxLjQwMzYxMTEmbWVzc2FnZWlkPU1EQi1QUkQtQlVMLTIwMTkwNDAxLjQwMzYxMTEmZGF0YWJhc2VpZD0xMDAxJnNlcmlhbD0xNzA5NzM2MSZlbWFpbGlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdXNlcmlkPXN0dWFydC5zZWlkZWxAYmFrZXJtY2tlbnppZS5jb20mdGFyZ2V0aWQ9JmZsPSZleHRyYT1NdWx0aXZhcmlhdGVJZD0mJiY-3D-26-26-26102-26-26-26https-3A__www.ice.gov_news_releases_2-2Dlos-2Dangeles-2Darea-2Dcorporate-2Dexecutives-2Dindicted-2Dfirst-2Dever-2Dcriminal-2Dprosecution&d=DwMFAw&c=ptMoEJ5oTofwe4L9tBtGCQ&r=UQn3vsU73Hn9PK6qO6Pf3WCXi1FqAlfyo11DdJHW3S0&m=6wpJFWFADowAi4NFcL8PKDHMllGAPKtnaRh62rwIWYs&s=XydEXKC8Kj_TFfmTbR-FqGbiWhXUg26U9gfZaNdFDyg&e=

http://bakerxchange.com/rv/ff0043dfeadf10796bfe0188b046bb675c8ed078



https://f.datasrvr.com/fr1/619/22984/March_2019_International_Trade_Compliance_Update.pdf

http://www.internationaltradecomplianceupdate.com/newsletter-archive/

http://bakerxchange.com/rv/ff0047dcf1af36c0627ccddca84387d4e023eb06

http://bakerxchange.com/rv/ff00495042fcdb7c401dceb3c64895ce6e2cb932

http://bakerxchange.com/cv/938f714419e102ca489f13227e734e500a87d56c

http://bakerxchange.com/cv/938f714419e102ca489f13227e734e500a87d56c

http://bakerxchange.com/cv/a12fa5f9dc1f4f92eb86f9f651e1f9a07bc39209

http://bakerxchange.com/cv/a12fa5f9dc1f4f92eb86f9f651e1f9a07bc39209

http://bakerxchange.com/rv/ff0048ae2324842491351af97a40b3a315f3b0ce

http://bakerxchange.com/rv/ff0048b2f282cb8e25877b72e04a8a234c665d80

http://bakerxchange.com/rv/ff0048b2f282cb8e25877b72e04a8a234c665d80

http://bakerxchange.com/rv/ff00494e4728a32112679d7a244ba0006d5c3c27

http://bakerxchange.com/rv/ff00494e4728a32112679d7a244ba0006d5c3c27

https://f.datasrvr.com/fr1/019/84844/Feb_2019_IP_Newsletter_.pdf



https://www.bakermckenzie.com/en/insight/publications/2019/02/aerospace-defense-compliance

http://bakerxchange.com/rv/ff0048c85bede9346a495071d845946717b6d1c5

http://bakerxchange.com/rv/ff0048d5da9b6b3b463ea91e9b4b8b57b7381f39

http://bakerxchange.com/rv/ff004856db8b5ef75067b0f1464fa26b2153edb1

https://www.vir.com.vn/protecting-ip-rights-in-the-dprk-66190.html

https://www.vir.com.vn/protecting-ip-rights-in-the-dprk-66190.html

https://www.bakermckenzie.com/en/insight/publications/2019/02/update-new-draft-policy-vietnam

https://www.bakermckenzie.com/en/insight/publications/2019/02/update-new-draft-policy-vietnam

https://www.bakermckenzie.com/en/insight/publications/2019/02/vietnam-real-estate

http://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff0048e6d143813a7388a8ebde41849a81d4103c

http://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff0048e6d143813a7388a8ebde41849a81d4103c

Baker McKenzie


8461069-v8\WASDMS

99

Subject

Vietnam Technology, Media & Telecommunications Client Alert: Release of a new Draft Decree amending and supplementing a number of articles of Decree No. 06/2016/ND-CP on the Management, Provision and use of radio and television services

Asia Pacific Dispute Resolution Guide 2019

BM’s Global TMT Hub website: https://tmt.bakermckenzie.com/

Webinars, Meetings, Seminars, Etc.

We are very pleased to announce our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”.

The series will include the latest international trade developments including updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour.

This year, we will expand our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) will be primarily aimed at

participants who are new to Global Trade and/or those who would like a refresher.

Terrie Gleason, a partner in our San Francisco, CA

office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London

office and co-leader of the EMEA Customs practice, will moderate these webinars and be joined by experts from across our global network.

All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link:www.timeanddate.com.

If you missed a webinar that has already been given, wish to see it again or want to download a presenta-tion, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.

Details

Webinar Start Time: 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago 11:00 AM (Eastern) - DC 4:00 PM (GMT) - London 5:00 PM (CET) - Frankfurt 12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) T +1 415 576 3021 teresa.gleason @bakermckenzie.com Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com These webinars are all complimentary.

https://f.datasrvr.com/fr1/619/43347/Client_Alert_-_TMT_-_Draft_Decree_Amending_Decree_No__6_(20_Mar_2019).pdf



https://bakerxchange.com/s/80dd894339d582c320f98ae64a83321690bcc540

https://tmt.bakermckenzie.com/

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VXzW+LgmoKtMEwazLYYSpWvFqfdw3Zg75w=&rh=ff00448e2b82f716711c384cf349a461e34ae9ee

http://www.internationaltradecomplianceupdate.com/webinars/

http://bakerxchange.com/collect/click.aspx?u=vkXTCljR8NNDRlE7tayYPRJ9BqDuhgoT&rh=ff00448e2b82f716711c384cf349a461e34ae9ee





Baker McKenzie


8461069-v8\WASDMS

100

Upcoming Webinar Dates and Topics:

Date Topic

January 29 Basic: How to Classify Your Prod-

ucts (Customs)

Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Budi-tomo (Jakarta)

February 26 Trade Wars vs. Free Trade Agree-ments (Brexit, TPP, NAFTA)

Speakers: Stu Seidel (DC), Cindy Ow-ens (Singapore), Jenny Revis (Lon-don), and Meera Rolaz (London)

March 19 Basic: Export controls and sanc-tions

Speakers: Ben Smith (London), Olof König (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam)

April 30 Conducting investigations and mak-ing disclosures

Speakers: Ross Denton (Lon-don), John McKenzie (San Francisco), Anahita Thoms (Dusseldorf), and Lise Test (DC)

May 21 Basic: How to determine the origin of your products (Customs)

Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (Barce-lona), and John F. McKenzie (San Francisco)

June 25 Overview of global ABC enforce-ment

Speakers: Yindi Gesinde (Lon-don), Julian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shang-hai). 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 im-ports developments: US, Brazil, China/Asia and Mexico

Speakers: Eunkyung Kim Shin (Chi-cago), Alessandra Machado (Sao

Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit:

Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. We have applied to renew our accreditation for our webinar in December and our upcoming webinars in 2019. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.

These webinars have been approved for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc

To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars.

We hope you will participate in and enjoy this exciting webinar series!

Interested in learning more?

REGISTER NOW!

https://www.bakermckenzie.com/en/insight/publications/2019/01/how-to-classify-your-products

https://www.bakermckenzie.com/en/insight/publications/2019/01/how-to-classify-your-products

https://www.bakermckenzie.com/en/insight/publications/2019/03/trade-wars-vs-free-trade-agreements

https://www.bakermckenzie.com/en/insight/publications/2019/03/trade-wars-vs-free-trade-agreements

https://www.bakermckenzie.com/en/insight/publications/2019/03/export-controls-and-sanctions

https://www.bakermckenzie.com/en/insight/publications/2019/03/export-controls-and-sanctions



http://www.internationaltradecomplianceupdate.com/

http://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39SVooFM6+1NhovKRZDcsK5NqOXXBBIyVBqkebQPGUHtWRsrAD5oWsA+zuP2XB46CSHZS4CC2DdoKP9gpugT2is7L3xjbX7qPIvS5aMmip72aA==&rh=ff00448e2b82f716711c384cf349a461e34ae9ee

Baker McKenzie


8461069-v8\WASDMS

101

Paolo), Frank Pan (Shanghai), and Ar-mando De Lille (Monterrey)

October 29 Key updates on export controls and sanctions

Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Mos-cow), and Anne Petterd (Singapore)

November 19 Basic: Overview of customs and im-ports developments: EU, Middle East and Russia

Speakers: Nicole Looks (Frank-furt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow)

December 17 Managing Emerging Compliance Risks

Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London)

Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continu-ing Challenges in Global Trade” ended on December 8, 2018.

In 2018, we again expanded our usual program to include our Customs Academy, which featured six “Customs 101” webinars ( highlighted in green below). The Customs 101 pro-gram is primarily aimed at participants who are new to Customs and/or those who would like a refresher and included introductory sessions on key Customs topics such as tariff classifica-tion, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these

webinars and were joined by experts from across our global network. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.

January 30 Human Rights, Forced Labor, and Ethical Sup-ply Chains: Best Practices for Managing Grow-ing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto)

Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermcken-zie.com

January 30

February 27 Customs Basic: How to Classify Your Products

http://www.internationaltradecomplianceupdate.com/webinars/

https://www.bakermckenzie.com/en/insight/publications/2018/01/human-rights-forced-labor-ethical-supply-chains





https://www.bakermckenzie.com/en/insight/publications/2018/03/customs-basic-how-to-classify-your-products

Baker McKenzie


8461069-v8\WASDMS

102

Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt)

Questions: If you have any questions regard-ing this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]

MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Vir-ginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uni-form CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certi-fied by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This program may earn newly admitted New York attorneys credit un-der Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.

Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forward-ers Association of America, Inc.

Interested in learning more?

March 27

Hot Topics in US, European, and Asian Ex-port Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco)

April 24

Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto)

May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Ni-cole Looks (Frankfurt) and Jenny Revis (Lon-don)

June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cow-ley (Hong Kong) and Brian Cacic (Toronto)

July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Stu Seidel (DC), Jenny Revis (London), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh)

August 28

Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East)

September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mex-ico), Nicole Looks (Frankfurt), and Stuart Seidel (DC)

October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers:Armando de Lille-Calatayud (Mon-terrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires)

November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong)

December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara)


https://www.bakermckenzie.com/en/insight/publications/2018/03/hot-topics-in-us-european-and-asian

https://www.bakermckenzie.com/en/insight/publications/2018/03/hot-topics-in-us-european-and-asian

https://www.bakermckenzie.com/en/insight/publications/2018/04/how-to-determine-the-origin-of-your-products

https://www.bakermckenzie.com/en/insight/publications/2018/04/how-to-determine-the-origin-of-your-products

https://www.bakermckenzie.com/en/insight/publications/2018/05/russian-and-eu-customs-update

https://bakermckenzie.admin.onenorth.com/en/insight/publications/2018/06/customs-basic-how-to-value-your-products

https://www.bakermckenzie.com/en/insight/publications/2018/08/update-on-us-protectionism-brexit-and-tpp

https://www.bakermckenzie.com/en/insight/publications/2018/08/customs-basic-what-you-need-to-know



https://www.bakermckenzie.com/en/insight/publications/2018/09/customs-audits-and-enforcement-actions

https://www.bakermckenzie.com/en/insight/publications/2018/09/customs-audits-and-enforcement-actions

https://www.bakermckenzie.com/en/insight/publications/2018/11/importing-into-mexico-brazil-argentina

https://www.bakermckenzie.com/en/insight/publications/2018/11/importing-into-mexico-brazil-argentina

https://www.bakermckenzie.com/en/insight/publications/2018/12/hot-topics-in-us-eu-and-asian-trade-sanctions

https://www.bakermckenzie.com/en/insight/publications/2018/12/hot-topics-in-us-eu-and-asian-trade-sanctions

https://www.bakermckenzie.com/en/insight/publications/2019/01/how-to-mitigate-duties

https://www.bakermckenzie.com/en/insight/publications/2019/01/how-to-mitigate-duties

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VUese5zMzQdI9PLBj6qBNGNqE8uocHMBhp+xDdxMsF7DuBu0R6lWzvFwQ9Y7FKthZc=&rh=ff002c93c1e41d03b55025c33a41b6e9ba25787a

http://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VUese5zMzQdI9PLBj6qBNGNqE8uocHMBhp+xDdxMsF7DuBu0R6lWzvF2XQmLu7T1xUSk/gJNns0kQ==&rh=ff002c93c1e41d03b55025c33a41b6e9ba25787a

http://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39Sc2XzI3x6OnWaixTU8POnnYQBeC0zUuTo=&rh=ff002c93c1e41d03b55025c33a41b6e9ba25787a

Baker McKenzie


8461069-v8\WASDMS

103

RECORDED SESSIONS FROM OUR 2018

ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA

14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video

Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Pro-cess

United States Export Control Developments

European Union Export Control Developments

Emerging Export Control Programs in the Asia/Pacific Region

Economic Sanctions Developments

Export Control and Economic Sanctions Enforcement

Click here to view and/or download the materials.

15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video

The Trump Administration Trade Agenda (this panel did not include slides)

Trade Wars

Trade Agreements Developments

Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil

Update on Foreign Import Restrictions

Anti-Corruption Compliance and Trade Issues

Click here to view and/or download the materials.

Presentation Materials

Changes and Developments in Japan and Asia Pacific

Business Implications of Trade Conflict

https://video.bakermckenzie.com/embed?id=cc5f2a4e-5aa5-4c0e-b1f5-8d221ebeae19

http://bakerxchange.com/rv/ff0043965aed33e3d35cc8235240ac75bb1d65be

https://video.bakermckenzie.com/embed?id=48ae8b19-721d-411d-9ba3-226fd030037d

http://bakerxchange.com/rv/ff0043965aed33e3d35cc8235240ac75bb1d65be

https://www.bakermckenzie.com/en/-/media/files/insight/events/2018/11/1countryupdateschangesanddev_nov2018.pdf

https://www.bakermckenzie.com/-/media/files/insight/events/2018/11/2businessimplicationstradeconflict_nov2018.pdf

Baker McKenzie


8461069-v8\WASDMS

104

Free Trade Agreement Developments

Trade Sanctions and Export Controls

E Commerce Challenges and Opportunities

WTO TBT Notifications

Member countries of the World Trade Organization (WTO) are required under

the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the

WTO all proposed technical regulations that could affect trade with other Member

countries. The WTO Secretariat distributes this information in the form of “notifi-

cations” to all Member countries. This chart summarizes notifications in English

posted by the WTO during the past month. If you are interested in obtaining cop-

ies of any of these notifications, please contact stuart.seidel@bakermcken-

zie.com who will try to obtain the text. Some notifications are only available in the

official language of the country publishing the notification. Note: All dates are

given as mm/dd/yyyy; National flags are not scaled for relative comparison.

Country Notification Date Issued Final Date

for Comments

Merchandise Covered

Argentina ARG/193/Add.7 02/18/2019 Not given Motor vehicles

Argentina ARG/208/Add.3 02/21/2019 Not given Cells and batteries

Argentina ARG/246/Add.1 02/21/2019 Not given Incandescent lamps



Argentina ARG/290/Add.4 03/18/2019 Not given Food products

Argentina ARG/342/Add.4 03/18/2019 Not given Furniture in general; Other furniture and parts thereof (HS 9403)

Argentina ARG/357 03/20/2019 Not given Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 22.04)

Argentina ARG/358 03/22/2019 Not given Cosmetic and personal hygiene products and per-fumes; essential oils and resinoids; perfumery, cos-metic or toilet preparations (HS 33)

Bahrain, Kingdom of BHR/562 03/05/2019 05/04/2019 Beverages (Energy drinks)

Bolivia BOL/14 03/07/2019 05/04/2019

Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Head-ing 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading 6217.10.00, only belts); (7) Heading 63.01 to sub-heading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404,

https://www.bakermckenzie.com/-/media/files/insight/events/2018/11/3freetradeagreementdevelopmentsict_nov2018.pdf

https://www.bakermckenzie.com/-/media/files/insight/events/2018/11/4tradesanctionsexportcontrols_nov2018.pdf

https://www.bakermckenzie.com/-/media/files/insight/events/2018/11/5ecommercechallengesopportunities_nov2018.pdf



Baker McKenzie


8461069-v8\WASDMS

105


for Comments

Merchandise Covered

392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499)

Bolivia BOL/3/Add.6 03/13/2019 Not given Processes in the food industry

Brazil BRA/855/Add.1 03/18/2019 Not given Medical devices

Brazil BRA/833/Add.1 03/22/2019 Not given In vitro diagnosis products

Brazil BRA/862 03/22/2019 06/06/2019 380893 products for amateur gardening (glyphosate products)

Canada CAN/579 03/14/2019 05/23/2019 Off-Road Engines and Machinery (HS Chapters 84, 85 and 87)

Canada CAN/580 03/21/2019 05/24/2019 Radiocommunications

Canada CAN/536/Add.1 03/22/2019 Not given Drugs and Medical Devices

Chile CHL/377/Add.3 03/18/2019 Not given Light and medium-sized vehicles. Motorcycles.

Chile CHL/466 03/13/2019 05/12/2019

Units for measuring electricity consumption; smart metres; systems for communicating, handling and managing information related to smart measure-ment in distribution networks or in the networks of enterprises with facilities for distributing electrical energy that use national public property

Chile CHL/388/Add.1 03/20/2019 Not given Fluorescent self-ballasted lamps (compact fluores-cent lamps) for general lighting services

Chile CHL/391/Add.1 03/25/2019 Not given Self-ballasted LED lamps for general lighting ser-vices

Chile CHL/467 03/22/2019 05/21/2019 Motorcycles

China CHN/1312 03/11/2019 05/10/2019 Wooden toothpick (HS:4421991090); Other articles of wood (HS 4421)

China CHN/1313 03/11/2019 05/10/2019 Medical devices (HS: 9001-9033)

China CHN/1314 03/13/2019 05/12/2019

Tri-wheel vehicles and their diesel engines; Com-pression-ignition internal combustion piston engines (diesel or semi-diesel engines) (HS 8408); Transport exhaust emissions

China CHN/1315 03/13/2019 05/12/2019

Non-road mobile machinery and their diesel en-gines, and the machinery installed on the chassis of vehicles intended for the transport of passengers or goods on roads; Compression-ignition internal com-bustion piston engines (diesel or semi-diesel en-gines) (HS 8408, 8414, 8427, 8429, 8430, 8432, 8433 & 8502)

China CHN/1316 03/18/2019 05/17/2019 Medicinal materials (HS 05,06,09,12,13,30)

Colombia COL/121/Add.7 03/05/2019 Not given Alcohol, alcoholic beverages

Colombia COL/26/Add.2 02/28/2019 Not given Refrigerators

Colombia COL/78/Add.2 02/28/2019 Not given

Articles for the packing of goods, of plastics; pack-ing cases and boxes of wood; boxes, pouches and wallets of paper or paperboard; sacks and bags of jute, cotton, polythene, fique and cabuya (pita fibre or sisal hemp)

Colombia COL/106/Add.3 02/28/2019 Not given Glass and glass-ceramic utensils in contact with foodstuffs, ceramic cooking utensils in contact with

Baker McKenzie


8461069-v8\WASDMS

106


for Comments

Merchandise Covered

foodstuffs and ceramic, porcelain and china house-hold and institutional tableware and kitchenware (HS 6911, 6912, 7013)

Colombia COL/172/Add.4 02/28/2019 Not given Ceramic tiles (HS 6907.10, 6907.90, 6908.10, 6908.90)

Colombia COL/174/Add.2 02/28/2019 Not given Safety devices for swimming pools (HS 3925.90, 8301.40.90, 8531.10, 9032.20, 8536.50.19 and 3926.90.90)

Colombia COL/237 03/07/2019 05/04/2019

Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Head-ing 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading 6217.10.00, only belts); (7) Heading 63.01 to sub-heading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499)

Cuba CUB/20 03/15/2019 05/14/2019

Telecommunications/ICT equipment 8443.31.00, 8443.32.00, 8443.39.00, 8471.30.00, 8471.41.00, 8471.49.00, 8471.50.00, 8471.60.00, 8471.70.00, 8471.80.00, 8471.90.00, 8473.30.00, 8473.50.00, 8504.40.00, 8517.11.00, 8517.12.00, 8517.18.00, 8517.61.00, 8517.62.00, 8517.69.00, 8517.70.00, 8518.10.00, 8518.30.00, 8525.50.00, 8525.60.00, 8525.80.00, 8526.10.00, 8526.91.00, 8526.91.10, 8526.91.90, 8526.92.00, 8527.19.00, 8527.29.00, 8528.42.00, 8528.52.00, 8528.62.00, 8528.72.00, 8529.10.00, 8529.90.00, 8531.80.00

Czech Republic CZE/208/Add.1 02/27/2019 Not given Measuring devices for determining the load per axle or wheel of rolling stock

Czech Republic CZE/209/Add.1 02/27/2019 Not given Measuring devices for determining the load per axle of road vehicles

Czech Republic CZE/210/Add.1 02/27/2019 Not given Fixed storage tanks used as instruments for meas-uring volume

Czech Republic CZE/214/Add.1 02/27/2019 Not given Pure-tone audiometers; Measuring instruments

Czech Republic CZE/215/Add.1 02/27/2019 Not given Tendon assemblies for prestressed concrete and rock anchors; Measuring instruments

Czech Republic CZE/216/Add.1 02/27/2019 Not given

Measuring instruments and systems for measuring the flow of liquids other than water - stationary measuring systems except for dispensers; Meas-urement of fluid flow

Czech Republic CZE/217/Add.1 02/27/2019 Not given Grain testers; Measuring instruments

Czech Republic CZE/213/Add.1 02/27/2019 Not given Hygrometers for cereals and oilseeds; Measuring instruments

Czech Republic CZE/219/Add.1 03/05/2019 Not given Liquid transport tanks; Measuring instruments

Baker McKenzie


8461069-v8\WASDMS

107


for Comments

Merchandise Covered

Czech Republic CZE/220/Add.1 03/05/2019 Not given Personal sound exposure meters; Acoustics and acoustic measurements


Measuring instruments used to monitor activity lim-its and concentration of effluents from nuclear facili-ties, nuclear raw material mining or processing facil-ities, radioactive waste processing plants and from the processing or application of radioactive materi-als, and also used to determine environmental radi-ation exposure due to effluents - modules for dis-continuous measurement of activity or concentra-tion by sampling that require specific test proce-dures; Radiation measurements


Spectrometric assemblies for analysing alpha, beta, gamma, and neutron sources or fields - alpha and gamma radiation spectrometers; Radiation meas-urements


Non-spectrometric activity meters and dosimeters used to monitor compliance with limits in the area of radiation protection or nuclear safety and for emer-gency measurement - electronic personal dosime-ters for measuring gamma radiation and X-rays; Radiation measurements


Non-spectrometric activity meters and dosimeters used to monitor compliance with limits in the area of radiation protection or nuclear safety and for emer-gency measurement - portable surface contamina-tion meters; Radiation measurements


Installed meters, warning assemblies, and dosimet-ric quantity monitors for gamma radiation and X-rays with energies from 50 keV to 1.5 MeV; Radia-tion measurements


Non-spectrometric activity meters and dosimeters used to monitor compliance with limits in the area of radiation protection or nuclear safety and for emer-gency measurement - portable dosimetric gamma radiation and X-ray meters used for purposes of ra-diation protection; Radiation measurements

Ecuador ECU/343 03/07/2019 05/04/2019

Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Head-ing 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading 6217.10.00, only belts); (7) Heading 63.01 to sub-heading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499)

Ecuador ECU/3/Rev.1/Add.3/Cor

03/21/2019 Not given Household refrigerating appliances (HS 8418)

Baker McKenzie


8461069-v8\WASDMS

108


for Comments

Merchandise Covered

Ecuador ECU/34/Rev.1/Add.2/Corr.1

03/21/2019 Not given Domestic refrigeration appliances (HS 8418)

European Union EU/644 02/26/2019 04/27/2019 Desmedipham (pesticide active substance)

European Union EU/645 03/01/2019 04/30/2019 Thiophanate-methyl (pesticide active substance)

European Union EU/646 03/18/2019 05/17/2019 Tolclofos-methyl (pesticide active substance)

European Union EU/647 03/20/2019 05/19/2019 Dimethoate (pesticide active substance)

European Union EU/648 03/21/2019 05/20/2019 Cosmetics

European Union EU/649 03/28/2019 05/27/2019 Substances

European Union EU/650 03/28/2019 05/27/2019 Cosmetics

Gambia, The GMB/3 03/19/2019 04/30/2019 Wheat or meslin flour

Gambia, The GMB/4 03/19/2019 04/30/2019 Fortified edible oils and fats intended for human consumption

Gambia, The GMB/5 03/19/2019 04/30/2019

25.01 – Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti-caking or free-flowing agents; sea water

Ghana GHA/10 03/11/2019 05/10/2019 Cooking ranges, working tables, ovens and similar appliances

Hungary HUN/34 03/25/2019 06/17/2019

Building products, fire extinguishing technology products, electrical equipment, flammable or explo-sive devices, machinery, equipment, combustible liquids, gases and melts

India IND/90 03/25/2019 05/24/2019

Goods and articles - Essential Requirement(s) 1. Stampings/laminations/cores of Transformers (with or without winding) - Made from BIS standard marked Grain Oriented Electrical Steel Sheet and Strip conforming to IS 3024:2015 or Cold rolled non-oriented electrical steel sheet and strip con-forming to IS 648:2006; 2. Stainless Steel Pipes and Tubes - Stainless steel Pipes and Tubes shall be made from the stainless steel products, specified in the corresponding Indian Standard specified in column (2) of the Table 1, bearing Standard Mark. Provided that the Stainless Steel Pipes and Tubes referred to in this sub-paragraph shall be accompa-nied with the test certificate of the stainless steel products specified in the corresponding Indian Standard given in the column (2) of the Table 1.

India IND/89 03/25/2019 05/24/2019 Claims made on edible vegetable oils

Indonesia IDN/121 03/05/2019 05/04/2019

1. Miniature Circuit Breaker (MCB) (HS code: ex 8536.20.91 and ex 8536.20.99); 2. Residual Cur-rent Circuit Breaker (RCCB) (HS code: ex 8536.20.91 and ex 8536.20.99); 3. Switches (HS code: ex 8536.50.61; ex 8536.50.69 and ex 8536.50.99); 4. Plugs and socket outlets (HS code: ex 8536.69.92 and ex 8536.69.99);

Israel ISR/1034 03/11/2019 03/20/2019 Motor vehicles; (HS: 87)

Baker McKenzie


8461069-v8\WASDMS

109


for Comments

Merchandise Covered

Israel ISR/1035 03/25/2019 05/24/2019 Drain opener for domestic use; (HS: 2807, 2815, 3402, 3824)

Japan JPN/620 2/26/2019 Not given

Substances with probable effects on the central nervous system

Japan JPN/621 03/01/2019 04/30/2019 Wireless LAN (WLAN) SYSTEM (2.4/5.2/5.3/5.6GHz band)

Japan JPN/622 03/18/2019 05/17/2019 Pharmaceutical Products (HS 30)

Japan JPN/623 03/21/2019 05/20/2019 Agricultural Chemicals (Pesticides) (HS 3808)

Japan JPN/624 03/21/2019 05/20/2019 Deleterious substance

Kenya KEN/824 02/26/2019 04/15/2019 Bodies and body components (Road vehicles)

Kenya KEN/825 02/26/2019 04/14/2019 Home textiles, Linen (Curtains and drapery)

Kenya KEN/826 02/26/2019 04/14/2019 Products of the textile industry (Fishing gill nets)

Kenya KEN/827 02/26/2019 04/14/2019 Sacks. Bags (Woven polyolefin sacks (bags) for ce-ment)

Kenya KEN/828 03/04/2019 04/16/2019 Materials and articles in contact with foodstuffs (Plastic hermetic grain silo)

Kenya KEN/829 03/04/2019 04/16/2019 Sacks. Bags (Hermetic storage bags)

Kenya KEN/830 03/04/2019 04/21/2019 Fruits and derived products (Fruit drinks)

Kenya KEN/831 03/04/2019 04/21/2019 Fruits and derived products (Jams, jellies and mar-malades)

Kenya KEN/832 03/04/2019 04/21/2019 Fruits and derived products (Dried mango)

Kenya KEN/833 03/04/2019 04/21/2019 Spices and condiments (Pickles)

Kenya KEN/834 03/04/2019 04/21/2019 Fruits and derived products (Fruits, Juices and Nec-tars)

Kenya KEN/835 03/05/2019 04/26/2019 Sugar and sugar products (Icing sugar)

Kenya KEN/836 03/05/2019 04/27/2019 Farming and forestry in general (Bamboo)

Kenya KEN/837 03/05/2019 04/30/2019 Gaseous fuels (Gas cylinders)

Kenya KEN/838 03/05/2019 04/30/2019 Gaseous fuels





Kenya KEN/843 03/05/2019 04/30/2019 Cooking ranges, working tables, ovens and similar appliances (Biomass stoves)

Kenya KEN/844 03/14/2019 04/15/2019 Meat and meat products (Packaged Meat Products)

Kenya KEN/845 03/14/2019 04/15/2019 Meat and meat products (Meat sausages)

Kenya KEN/846 03/14/2019 04/15/2019 Poultry and eggs (Dressed poultry)

Baker McKenzie


8461069-v8\WASDMS

110


for Comments

Merchandise Covered

Kenya KEN/847 03/14/2019 04/15/2019 Meat and meat products (Meat Grades and Meat Cuts)

Kenya KEN/848 03/14/2019 04/15/2019 Meat and meat products (Canned corned beef)

Kenya KEN/849 03/14/2019 05/13/2019 Coffee and coffee substitutes (Green coffee beans)

Kenya KEN/850 03/14/2019 05/13/2019 Coffee and coffee substitutes (Roasted coffee beans and roasted ground coffee)

Kenya KEN/851 03/14/2019 05/13/2019 Coffee and coffee substitutes (Instant (soluble) cof-fee)

Korea, Republic of KOR/815 03/11/2019 05/10/2019 Electrical Vehicles' Chargers and Components

Korea, Republic of KOR/813 03/05/2019 05/04/2019 Consumer products

Korea, Republic of KOR/814 03/05/2019 05/04/2019 Outdoor exercise equipment

Korea, Republic of KOR/816 03/18/2019 05/17/2019 Quasi-drugs

Korea, Republic of KOR/817 03/19/2019 05/18/2019 Beverage alcohol products

Korea, Republic of KOR/818 03/21/2019 05/20/2019 Appliances

Korea, Republic of KOR/819 03/25/2019 05/24/2019 Cosmetics

Kuwait KWT/511 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61558-2-7:2019 Safety of power transformers, power supplies, reactors and similar products - Part 2-7: Particular requirements and tests for transform-ers and power supplies for toys

Kuwait KWT/512 03/06/2019 05/05/2019

All products fall under scope of KWS IEC 61540:2019 Electrical accessories - Portable resid-ual current devices without integral overcurrent pro-tection for household and similar use (PRCDs)

Kuwait KWT/513 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61347-1:2019 Lamp controlgear - Part 1: General and safety requirements

Kuwait KWT/514 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61029-2-10:2019 Safety of transportable motor-op-erated electric tools - Part 2-10: Particular require-ments for cutting-off grinders

Kuwait KWT/515 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61029-2-6:2019 Safety of transportable motor-oper-ated electric tools - Part 2: Particular requirements for diamond drills with water supply

Kuwait KWT/516 03/06/2019 05/05/2019

All products fall under scope of KWS IEC 60227-1:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V - Part 1: General requirements

Kuwait KWT/517 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60227-6:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V - Part 6: Lift cables and cables for flexible connections

Kuwait KWT/518 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60974-11:2019 Arc welding equipment - Part 11: Electrode holders

Kuwait KWT/519 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60317-0-6:2019 Specifications for particular types of winding

Baker McKenzie


8461069-v8\WASDMS

111


for Comments

Merchandise Covered

wires - Part 0-6: General requirements - Glass-fibre wound resin or varnish impregnated, bare or enam-elled round copper wire

Kuwait KWT/520 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61008-2-1:2019 Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCB's). Part 2-1: Ap-plicability of the general rules to RCCB's function-ally independent of line voltage

Kuwait KWT/521 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61008-2-2:2019 Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCB's). Part 2-2: Ap-plicability of the general rules to RCCB's function-ally dependent on line voltage

Kuwait KWT/522 03/11/2019 05/10/2019

All products fall under scope of KWS IEC 60034-22:2019 Rotating electrical machines - Part 22: AC generators for reciprocating internal combustion (RIC) engine driven generating sets

Kuwait KWT/523 03/11/2019 05/10/2019

All products fall under scope of KWS GSO IEC 60227-3:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V - Part 3: Non-sheathed cables for fixed wiring

Kuwait KWT/484 03/06/2019 05/05/2019

All products fall under scope of KWS IEC 61008-1:2019 Residual current operated circuit-breakers without integral overcurrent protection for house-hold and similar uses (RCCBs) - Part 1: General rules

Kuwait KWT/485 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61029-2-2:2019 Safety of transportable motor-oper-ated electric tools - Part 2: Particular requirements for radial arm saws

Kuwait KWT/486 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60669-2-4:2019 Switches for household and similar fixed electrical installations - Part 2-4: Particular re-quirements - Isolating switches

Kuwait KWT/487 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60799:2019 Electrical accessories - Cord sets and interconnection cord sets

Kuwait KWT/488 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 60947-2:2019 Low-voltage switchgear and controlgear - Part 2: Circuit-breakers

Kuwait KWT/489 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61058-2-4:2019 Switches for appliances - Part 2-4: Particular requirements for independently mounted switches

Kuwait KWT/490 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61058-2-5:2019 Switches for appliances - Part 2-5: Particular requirements for change-over selectors

Kuwait KWT/491 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60227-7:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V - Part 7: Flexible cables screened and unscreened with two or more conductors

Kuwait KWT/492 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60227-5:2019 Polyvinyl chloride insulated cables of

Baker McKenzie


8461069-v8\WASDMS

112


for Comments

Merchandise Covered

rated voltages up to and including 450/750 V - Part 5: Flexible cables (cords)

Kuwait KWT/493 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60227-4:2019 Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V - Part 4: Sheathed cables for fixed wiring

Kuwait KWT/494 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61558-2-5:2019 Safety of transformers, reactors, power supply units and combinations thereof - Part 2-5: Particular requirements and test for transformer for shavers, power supply units for shavers and shaver supply units

Kuwait KWT/495 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61549:2019 Miscellaneous lamps

Kuwait KWT/496 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61347-2-13:2019 Lamp controlgear - Part 2-13: Particular requirements for d.c. ora.c. supplied elec-tronic controlgear for LED modules

Kuwait KWT/497 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61347-2-7:2019 Lamp controlgear - Part 2-7: Partic-ular requirements for battery supplied electronic controlgear for emergency lighting (self-contained)

Kuwait KWT/498 03/06/2019 05/05/2019 All products fall under scope of KWS IEC 61242:2019 Electrical accessories - Cable reels for household and similar purposes

Kuwait KWT/499 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 61184:2019 Bayonet lampholders

Kuwait KWT/500 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61029-2-5:2019 Safety of transportable motor-oper-ated electric tools - Part 2: Particular requirements for band saws

Kuwait KWT/501 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61029-2-4:2019 Safety of transportable motor-oper-ated electric tools - Part 2: Particular requirements for bench grinders

Kuwait KWT/502 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 61029-2-3:2019 Safety of transportable motor-oper-ated electric tools - Part 2: Particular requirements for planers and thicknessers

Kuwait KWT/503 03/06/2019 05/05/2019

All products fall under scope of KWS IEC 60317-2:2019 Specifications for particular types of winding wires - Part 2: Solderable polyurethane enamelled round copper wire, class 130, with a bonding layer

Kuwait KWT/504 03/06/2019 05/05/2019

All products fall under scope of KWS IEC 60317-3:2019 Specifications for particular types of winding wires - Part 3: Polyester enamelled round copper wire, class 155

Kuwait KWT/505 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60245-8:2019 Rubber insulated cables - Rated volt-ages up to and including 450/750 V - Part 8: Cords for applications requiring high flexibility

Kuwait KWT/506 03/06/2019 05/05/2019 All products fall under scope of KWS GSO IEC 60245-7:2019 Rubber insulated cables - Rated volt-ages up to and including 450/750 V - Part 7: Heat

Baker McKenzie


8461069-v8\WASDMS

113


for Comments

Merchandise Covered

resistant ethylene-vinyl acetate rubber insulated ca-bles

Kuwait KWT/507 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60245-6:2019 Rubber insulated cables - Rated volt-ages up to and including 450/750 V - Part 6: Arc welding electrode cables

Kuwait KWT/508 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60245-5:2019 Rubber insulated cables - Rated volt-ages up to and including 450/750 V - Part 5: Lift ca-bles

Kuwait KWT/509 03/06/2019 05/05/2019

All products fall under scope of KWS GSO IEC 60245-3:2019 Rubber insulated cables - Rated volt-ages up to and including 450/750 V - Part 3: Heat resistant silicone insulated cables

Kuwait KWT/510 03/06/2019 05/05/2019

All products fall under scope of KWS IEC 62020:2019 Electrical accessories - Residual cur-rent monitors for household and similar uses (RCMs)

Kuwait KWT/478 03/04/2019 05/03/2019

All products fall under scope of KWS GSO IEC 60245-4:2019 Rubber insulated cables - Rated volt-ages up to and including 450/750 V - Part 4: Cords and flexible cables

Kuwait KWT/479 03/04/2019 05/03/2019

All products fall under scope of KWS IEC 60317-4:2019 Specifications for particular types of winding wires - Part 4: Solderable polyurethane enamelled round copper wire, class 130

Kuwait KWT/480 03/05/2019 05/04/2019

All products fall under scope of KWS IEC 60317-1:2019 Specifications for particular types of winding wires - Part 1: Polyvinyl acetal enamelled round copper wire, class 105

Kuwait KWT/481 03/05/2019 05/04/2019

All products fall under scope of KWS GSO IEC 60669-2-3:2019 Switches for household and similar fixed electrical installations - Part 2-3: Particular re-quirements - Time-delay switches (TDS)

Kuwait KWT/482 03/05/2019 05/04/2019

All products fall under scope of KWS IEC 60947-3:2019 Low-voltage switchgear and controlgear - Part 3: Switches, disconnectors, switch-disconnect-ors and fuse-combination units

Kuwait KWT/472 03/04/2019 05/03/2019 All products fall under scope of KWS 1895:2019 “Solid Concrete Blocks”

Kuwait KWT/473 03/04/2019 05/03/2019

All products fall under scope of KWS IEC 60245-1:2019 Rubber insulated cables - Rated voltages up to and including 450/750 V - Part 1: General re-quirements

Kuwait KWT/474 03/04/2019 05/03/2019 All products fall under scope of KWS 1894:2019 “Polypropylene Pipes for Cold and Hot Water use and its methods of test”

Kuwait KWT/475 03/04/2019 05/03/2019 All products fall under scope of KWS GSO IEC 60598-2-22:2019 Luminaires - Part 2-22: Particular requirements - Luminaires for emergency lighting

Kuwait KWT/476 03/04/2019 05/03/2019

All products fall under scope of KWS GSO IEC 60669-2-1:2019 Switches for household and similar fixed electrical installations -Part 2-1: Particular re-quirements - Electronic switches

Baker McKenzie


8461069-v8\WASDMS

114


for Comments

Merchandise Covered

Kuwait KWT/477 03/04/2019 05/03/2019

All products fall under scope of KWS GSO IEC 60669-2-2:2019 Switches for household and similar fixed electrical installations - Part 2-2: Particular re-quirements - Electromagnetic remote-control switches (RCS)

Kuwait KWT/483 03/05/2019 05/04/2019 Beverages (Energy drinks)

Mexico MEX/449 02/22/2019 04/16/2019 Facilities handling open-source radioactive material

Mexico MEX/398/Add.1 02/25/2019 Not given Telecommunications terminal equipment

Mexico MEX/397/Add.1 03/08/2019 Not given Pets

Mexico MEX/450 03/07/2019 04/22/2019 Information and communication technology prod-ucts

Mexico MEX/386/Add.1 03/15/2019 Not given Processed meat products and meat processing es-tablishments

Mexico MEX/398/Add.2 03/15/2019 Not given Telecommunications terminal equipment

Mexico MEX/451 03/15/2019 05/10/2019 “Ámbar de Chiapas”, HS subheading 130190

New Zealand NZL/85 03/20/2019 05/10/2019 All countries: New and used motorcycles imported into New Zealand that are to be registered for use on public roads.; Motorcycles and mopeds

New Zealand NZL/86 03/21/2019 05/20/2019

Air conditioning machines, comprising a motor-driven fan and elements for changing the tempera-ture and humidity, including those machines in which the humidity cannot be separately regulated (HS 8415)

Oman OMN/395 03/05/2019 05/04/2019 Beverages (Energy drinks)

Panama PAN/102 3/20/2019 5/17/2019 Fresh potatoes (Solanum sp.)

Peru PER/111 02/22/2019 04/23/2019

Organic agricultural products; Sections I to IV of the Harmonized System, excluding Chapters 3 and 16. Live animals (HS 01), Meat and edible meat offal (HS 02), Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included (HS 04), Products of animal origin, not elsewhere specified or included (HS 05), Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage (HS 06), Edible vegetables and certain roots and tubers (HS 07), Edible fruit and nuts; peel of citrus fruit or mel-ons (HS 08), Coffee, tea, maté and spices (HS 09)

Peru PER/112 03/05/2019 Not given

Other (HS 121190); Other (HS 130190); Other (HS 130219); Tetrahydrocannabinols (all isomers) (HS 293295); Other (HS 300490) (Cannabis and its de-rivatives)

Peru PER/113 03/07/2019 05/04/2019

Labelling of ready-made articles (1) Subheading 3926.20.00, only articles of apparel; (2) Heading 42.03 (excluding subheading 4203.40.00); (3) Heading 43.03, only articles of apparel; (4) Heading 61.01 to subheading 6117.80.00 (For subheadings 6111.20.00, 6111.30.00, 6111.90.10, 6111.90.90 and 6117.80.90, only articles of apparel); (5) Head-ing 62.01 to heading 62.12 (For subheadings 6209.20.00, 6209.30.00, 6209.90.10 and 6209.90.90, only articles of apparel); (6) Heading 62.14 to subheading 6217.10.00 (For subheading

Baker McKenzie


8461069-v8\WASDMS

115


for Comments

Merchandise Covered

6217.10.00, only belts); (7) Heading 63.01 to sub-heading 6304.99.00 (excluding subheading 6304.20.00); (8) Heading 94.04 (For subheading 9404.90.00, only eiderdowns, cushions, pouffes and pillows); (HS: 6101, 6201, 6212, 6214, 9404, 392620, 611120, 611130, 611190, 611780, 620920, 620930, 620990, 621710, 630499)

Qatar QAT/560 03/05/2019 05/04/2019 Beverages (Energy drinks)

Rwanda RWA/217 03/01/2019 04/30/2019 Sugar and sugar products (Toffee)

Rwanda RWA/218 03/01/2019 04/30/2019 Sugar and sugar products (Chewing gum)

Rwanda RWA/219 03/04/2019 05/03/2019 Footwear (Men's shoes)

Rwanda RWA/220 03/12/2019 05/11/2019 Footwear (Ladies shoes)

Rwanda RWA/221 03/12/2019 05/11/2019 Footwear (Ladies shoes)

Rwanda RWA/222 03/12/2019 05/11/2019 Footwear (Children's shoes)

Rwanda RWA/223 03/12/2019 05/11/2019 Other standards related to water quality (Rainwater harvesting systems)

Rwanda RWA/224 03/12/2019 05/11/2019 Road construction materials

Rwanda RWA/225 03/12/2019 05/11/2019 Fishing and fish breeding (Fishing gill nets)

Rwanda RWA/226 03/12/2019 05/11/2019 Textile fabrics (Disposable adult diapers)

Rwanda RWA/227 03/12/2019 05/11/2019 Textile fabrics (Disposable baby diapers)

Rwanda RWA/228 03/12/2019 05/11/2019 Textile fabrics (Sanitary towels)

Rwanda RWA/229 03/13/2019 05/12/2019 Textile fabrics

Rwanda RWA/230 03/13/2019 05/12/2019 Sacks. Bags

Rwanda RWA/231 03/13/2019 05/12/2019 Footwear

Rwanda RWA/232 03/13/2019 05/12/2019 Footwear

Rwanda RWA/233 03/13/2019 05/12/2019 Water of natural resources

Saudi Arabia SAU/1103 03/05/2019 05/04/2019 Radio receivers

Saudi Arabia SAU/1104 03/05/2019 05/04/2019 Beverages (Energy drinks)

Saudi Arabia SAU/1105 03/05/2019 05/04/2019 Food products in general

Saudi Arabia SAU/1103/Corr.1

03/18/2019 Not given Radio receivers

Singapore SGP/49 03/01/2019 04/30/2019 All tobacco products covered by and not limited to HS codes starting with 2401, 2402 and 2403

Slovenia SVN/108 03/21/2019 05/20/2019 Cereals, pulses and derived products

Slovenia SVN/109 03/21/2019 05/20/2019 Salts

Slovenia SVN/110 03/21/2019 05/20/2019 Mead and sparkling mead

South Africa ZAF/235 03/11/2019 05/10/2019 Canned/hermitically sealed meat products (either commercially sterile or pasteurised/semi-pre-serves); Sausages and similar products, of meat,

Baker McKenzie


8461069-v8\WASDMS

116


for Comments

Merchandise Covered

meat offal or blood; food preparations based on these products (HS 1601); Other prepared or pre-served meat, meat offal or blood (HS 1602)

South Africa ZAF/223/Add.1 03/18/2019 Not given All waste classifiable under various HS number

South Africa ZAF/236 03/18/2019 05/17/2019 AGRICULTURE (Stock Remedies)

South Africa ZAF/214/Add.1 03/28/2019 Not given Metrology and Measurement

Spain ESP/40 02/25/2019 04/26/2019 HS codes 28, 29 (excluding 29.35, 29.36, 29.37, 29.39 and 29.40), 30.0610, 30.06.20.00 and 38.22 (Animal health products)

Spain ESP/38/Add.1 03/19/2019 Not given Wood packaging material (HS 44)

Taiwan Economy TPKM/363 02/26/2019 04/27/2019 Agro-pesticides

Taiwan Economy TPKM/364 03/01/2019 04/30/2019 Organic Agricultural Products

Taiwan Economy TPKM/365 03/01/2019 04/30/2019 Organic agricultural products


Taiwan Economy TPKM/367 03/01/2019 04/30/2019 Cosmetics

Taiwan Economy TPKM/368 03/01/2019 04/30/2019

Suitcases Trunks, suit-cases, vanity-cases, execu-tive-cases, brief-cases, school satchels, spectacle cases, binocular cases, camera cases, musical in-strument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or bever-age bags, toilet bags, rucksacks, handbags, shop-ping bags, wallets, purses, map-cases, cigarette-cases, tobacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cut-lery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of tex-tile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202)

Taiwan Economy TPKM/342/Add.1

03/18/2019 Not given Bicycles for young children; Bicycles and other cy-cles (including delivery tricycles), not motorized. (HS 8712)


03/19/2019 Not given Laser pointers; Lasers, other than laser diodes (HS 901320)

Taiwan Economy TPKM/369 03/21/2019 05/20/2019 Cosmetics



Taiwan Economy TPKM/372 03/26/2019 05/25/2019 Medical Devices


03/25/2019 Not given Pharmaceutical products (HS 30)

Tanzania TZA/242 03/06/2019 05/05/2019 Products of the textile industry (Curtain and drapery fabrics)

Tanzania TZA/243 03/06/2019 05/05/2019 Products of the textile industry (Upholstery fabric)

Tanzania TZA/244 03/06/2019 05/05/2019 Products of the textile industry (Woven handker-chief)

Baker McKenzie


8461069-v8\WASDMS

117


for Comments

Merchandise Covered

Tanzania TZA/245 03/18/2019 05/17/2019 Coffee and coffee substitutes

Tanzania TZA/246 03/18/2019 05/17/2019 Coffee and coffee substitutes (Green coffee beans)

Tanzania TZA/247 03/18/2019 05/17/2019 Coffee and coffee substitutes (Instant (soluble) cof-fee)

Tanzania TZA/248 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Edible Palm Kernel Oil)

Tanzania TZA/249 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Edible cotton-seed oil)

Tanzania TZA/250 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Edible coconut oil)

Tanzania TZA/251 03/18/2019 05/17/2019 Oilseeds (Edible sesame seed oil)

Tanzania TZA/252 03/18/2019 05/17/2019 Animal and vegetable fats and oils (Aqueous coco-nut milk and coconut cream products)

Tanzania TZA/253 03/18/2019 05/17/2019 Edible oils and fats. Oilseeds (Edible olive oil)

Tanzania TZA/254 03/26/2019 05/25/2019 Food additives (Aspartame)

Tanzania TZA/255 03/27/2019 05/26/2019 Food additives


Tanzania TZA/257 03/27/2019 05/26/2019 Prepackaged and prepared foods



Tanzania TZA/260 03/28/2019 05/27/2019 Alcoholic beverages (Still table wine)

Tanzania TZA/261 03/28/2019 05/27/2019 Alcoholic beverages (Beer)

Thailand THA/215/Rev.2/Add.1

03/20/2019 Not given Snack foods

Thailand THA/513/Add.2 03/20/2019 Not given Foods

Thailand THA/535 03/19/2019 05/18/2019 Food in General

Thailand THA/536 03/21/2019 05/20/2019 Motors

Thailand THA/537 03/26/2019 05/25/2019 Ventilators. Fans. Air-conditioners

Turkey TUR/147 03/07/2019 Not given Tobacco products and manufactured tobacco sub-stitutes (HS 24)

Uganda UGA/1029 03/07/2019 05/06/2019 Underpants and briefs: (HS 61071); Briefs and panties: (HS 61082) (Disposable adult diapers)

Uganda UGA/1030 03/07/2019 05/06/2019

Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles (HS 481840); Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles, of wadding (HS 560110) (Disposable baby diapers)

Uganda UGA/1031 03/07/2019 05/06/2019 Curtains (including drapes) and interior blinds; cur-tain or bed valances (HS 6303)

Uganda UGA/1032 03/07/2019 05/06/2019 Made up fishing nets (HS 560811)

Baker McKenzie


8461069-v8\WASDMS

118


for Comments

Merchandise Covered

Uganda UGA/1033 03/07/2019 05/06/2019

Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles (HS 481840); Sanitary towels and tampons, napkins and napkin liners for babies and similar sanitary articles, of wadding (HS 560110)

Uganda UGA/1034 03/07/2019 05/06/2019 Other woven fabrics of synthetic staple fibres (HS 5515) (Woven polyolefin sacks)

Uganda UGA/1035 03/07/2019 05/06/2019 Canned corned beef; Boneless (HS 020130)

Uganda UGA/1036 03/07/2019 05/06/2019 Beef grades and cuts; Meat of bovine animals, fro-zen (HS 0202)

Uganda UGA/1037 03/07/2019 05/06/2019 Dressed poultry; Meat and edible offal, of the poul-try of heading 01.05, fresh, chilled or frozen (HS 0207)

Uganda UGA/1038 03/07/2019 05/06/2019 Meat sausages; Sausages and similar products, of meat, meat offal or blood; food preparations based on these products (HS 1601)

Uganda UGA/1039 03/07/2019 05/06/2019 Packaged meat products; Meat and edible meat of-fal (HS 02)

Uganda UGA/1040 03/25/2019 05/24/2019 Beef; Meat and edible meat offal (HS 02)

Uganda UGA/1041 3/25/2019 5/24/2019 Minced beef; Boneless (HS 020130)

Uganda UGA/1042 3/25/2019 5/24/2019 Roasted coffee beans, roasted ground coffee; Cof-fee, roasted (HS 09012)

Uganda UGA/1043 3/25/2019 5/24/2019

Instant (soluble) coffee; - Extracts, essences and concentrates, of coffee, and preparations with a ba-sis of these extracts, essences or concentrates or with a basis of coffee (HS 21011)

Ukraine UKR/150 03/07/2019 05/06/2019 Electrical and electronic equipment

Ukraine UKR/125/Add.1 03/14/2019 Not given Glandless standalone circulators and glandless cir-culators integrated in products.

Ukraine UKR/136/Add.1 03/14/2019 Not given External power supplies

Ukraine UKR/122/Add.1 03/20/2019 Not given Electric motors

Ukraine UKR/124/Add.1 03/20/2019 Not given Power transformers with a minimum power rating of 1 kVA used in 50 Hz electricity transmission and distribution networks or for industrial applications

Ukraine UKR/126/Add.1 03/20/2019 Not given Rotodynamic water pumps for pumping clean wa-ter, including those which are integrated in other products

Ukraine UKR/127/Add.1 03/20/2019 Not given Fans driven by motors with an electric input power between 125 W and 500 kW.

Ukraine UKR/137/Add.1 03/20/2019 Not given Household refrigerating appliances

Ukraine UKR/138/Add.1 03/20/2019 Not given Simple set-top boxes

Ukraine UKR/139/Add.1 03/20/2019 Not given Vacuum cleaners

United Arab Emirates ARE/459 03/11/2019 05/10/2019 Commercial and central air conditioners

United Arab Emirates ARE/460 03/11/2019 05/10/2019 Household air conditioners

United Arab Emirates ARE/458 03/05/2019 05/04/2019 Beverages (Energy drinks)

United Arab Emirates ARE/410/Add.1 03/25/2019 Not given Sharks and shark fins

Baker McKenzie


8461069-v8\WASDMS

119


for Comments

Merchandise Covered

United States USA/787/Add.4/Corr.1

03/04/2019 Not given Conventional cooking products

United States USA/874/Add.11 03/04/2019 Not given General service lamps (HS 8512.90)


03/04/2019 Not given Portable air conditioners

United States USA/1173/Add.1 03/04/2019 Not given Hazard materials. Transport (ICS: 03.220), Protec-tion against dangerous goods (ICS: 13.300)

United States USA/1441 03/04/2019 04/15/2019 Appliances, consumer products, commercial/indus-trial equipment

United States USA/1442 03/04/2019 03/15/2019 Electric powered vehicles

United States USA/1443 03/04/2019 05/28/2019 Sunscreen drug products

United States USA/1369/Add.1 03/07/2019 Not given Surface coating emissions

United States USA/1444 03/07/2019 04/01/2019 Potatoes

United States USA/1445 03/07/2019 04/16/2019 Organics

United States USA/1333/Add.1 03/05/2019 Not given Greenhouse gas emissions


03/18/2019 Not given Ceiling fans

United States USA/1353/Add.2 03/18/2019 Not given Bump-stock-type devices (HS 9303)

United States USA/1446 03/18/2019 04/22/2019

Leather and imitation leather products; Footwear, gaiters and the like; parts of such articles (HS 64); Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels, spectacle cases, bin-ocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverage bags, toilet bags, rucksacks, handbags, shopping bags, wallets, purses, map-cases, cigarette-cases, to-bacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cutlery cases and similar containers, of leather or of com-position leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202); Articles of apparel and clothing accessories, of leather or of composition leather (HS 4203); Articles of leather or of composition leather, of a kind used in machinery or mechanical appliances or for other technical uses (HS 4204); Other articles of leather or of composition leather (HS 4205)

United States USA/1447 03/18/2019 05/06/2019 Lithium batteries (HS 850650)

United States USA/1448 03/18/2019 04/15/2019 Appliance labeling

United States USA/1371/Add.1 03/20/2019 Not given Coffee (HS 0901)

United States USA/1429/Add.1 03/22/2019 Not given

Wine, distilled spirits, and malt beverages; Beer made from malt (HS 2203), Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 2204), Vermouth and other wine of fresh grapes flavoured with plants or aro-matic substances (HS 2205), Other fermented bev-erages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented

Baker McKenzie


8461069-v8\WASDMS

120


for Comments

Merchandise Covered

beverages and non-alcoholic beverages, not else-where specified or included (HS 2206), Undena-tured ethyl alcohol of an alcoholic strength by vol-ume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength (HS 2207), Un-denatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages (HS 2208)

United States USA/1449 03/22/2019 05/03/2019 Chemical substances

United States USA/1450 03/22/2019 04/29/2019

Fuel; Petroleum oils and oils obtained from bitumi-nous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils ob-tained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (HS 2710)

Uruguay URY/25/Add.1 03/07/2019 Not given Ready-to-eat foods, packaged in the absence of the customer, available in the national territory

Uruguay URY/27 03/14/2019 04/13/2019 All wine products

Uruguay URY/27/Rev.1 03/25/2019 Not given All wine products

Viet Nam VNM/92/Add.1 03/26/2019 Not given List of potential unsafe products and goods

Viet Nam VNM/138 3/25/2019 5/24/2019 Electromagnetic compatibility (EMC)

Viet Nam VNM/139 3/25/2019 5/24/2019 Potentially unsafe product and goods

Yemen YEM/163 03/05/2019 05/04/2019 Beverages (Energy drinks)

CBSA Advance Rulings

No advance rulings were posted by the Canada Border Services Agency (CBSA)

during the period covered by this International Trade Compliance Update.

CBP Rulings: Downloads and Searches

As US Customs and Border Protection (CBP) issues several thousand rulings a

year, it is not practical to list each ruling. However, almost all rulings issued by

US Customs or CBP from 1993 to the present and many issued before 1993 are

available for search and downloading using the CROSS search engine. Over

200,000 such rulings are in the database.

CBP Rulings: Revocations or Modifications

The following table summarizes proposals made or actions taken that were pub-

lished in the weekly Customs Bulletin and Decisions during the past month by US

Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or

modify binding rulings or treatment previously accorded to substantially identical

merchandise.


https://rulings.cbp.gov/

https://www.cbp.gov/trade/rulings/bulletin-decisions

Baker McKenzie


8461069-v8\WASDMS

121

Published in CBP Bulletin (P) Proposed

(A) Action

Product(s) or Issue(s) Ruling(s) to be Modified (M) or

Revoked (R)

Old Classifi-cation or Po-

sition New Ruling

New Classification or Position

Comments Due (C) or Effective

Date (E)

Revocations/Modifications

(A) 03-13-19

Tariff classification of elec-tronic flashing buttons.

NY N020891 R 8543.70.9650 HQ H281923 7117.90.7500 [GRI 1, 3(a); Chap 71 notes; ENs]

(E) 05-13-19

Tariff classification of dia-mond wire

NY 876359 R 8202.99.00 HQ H277235 6804.21.0080 [GRI 1, 6; ENs 68.04, 82.02]

Tariff classification of raffia handbags

NY N261630 NY N261223

R 4602.19.2620 HQ H284742 4602.19.2500 [GRI 1]

Tariff classification of twist-able colored pencils

NY R00817 R 9609.10.00 HQ H293295 9608.40.40 [GRI 1, 6; EN 96.08]

Tariff classification of MetaSmart Dry

HQ H262551 R 2930.90.91 HQ H284810 2309.90.95 [GRI 1, 6; chap. 23 n 1; EN 23.09, 29]

Tariff classification of a clothes steamer

NY N258858 R 8516.10.00 HQ H300545 8516.79.00 [GRI 1, 6; AUSR 1(a); EN 85.16]

European Classification Regulations

No Classification Regulations were published in the Official Journal during the

period covered by this International Trade Compliance Update.


The table below shows amendments to the explanatory notes to the Combined

Nomenclature of the European Union that were published in the Official Journal

during the period covered by this International Trade Compliance Update.

Official Journal Page or CN code Description of Articles

29-03-19 [2019/C 119/01]

Entire CN

2019 Explanatory Notes to the Combined Nomenclature (148.6 MB). It replaces those published in the Official Journal of the European Union, C series, up to 4 January 2019. CNENs published in the Official Journal, C series, subsequent to that date remain in force and will be incorporated in the CNENs when revised.

Section 337 Actions

In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.

§1337) provides in rem relief from unfair practices in import trade, including unfair

methods of competition in the importation of articles, importation and sale in

the United States of articles which infringe US patents, registered trademarks,

copyrights or mask works. Listed below are 337 actions published during the

past month by the US International Trade Commission, the independent United

States agency charged with enforcement of section 337.

Inv. № Commodity Action

337–TA–1057 Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts

Institution of an Advisory Opinion Proceeding

337–TA–1057 [ENFORCEMENT PROCEEDING] Notice of Institution of Formal Enforce-ment Proceeding

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/Vol_53_No_6_Title.pdf

http://publications.europa.eu/resource/cellar/bfbc0468-51f8-11e9-a8ed-01aa75ed71a1.0006.01/DOC_1



Baker McKenzie


8461069-v8\WASDMS

122

Inv. № Commodity Action

337–TA–1058 Certain Magnetic Tape Cartridges and Components Thereof

Notice of a Commission Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation

337–TA–1059 Certain Digital Cameras, Software, and Components Thereof

Notice of Commission Determination to Grant a Joint Motion to Terminate the Investigation on the Basis of a Settlement Agree-ment; Termination of Investigation

337–TA–1076 Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (II)

Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; and Sched-ule for Filing Written Submissions on the Issues Under Review and on Remedy, Public Interest, and Bonding

337–TA–1099 Certain Graphics Processors and Products Containing the Same

Notice of Commission Determination Not To Review an Initial De-termination Terminating the Investigation in Its Entirety Based on Settlement; Termination of the Investigation

337–TA–1088 Certain Road Construction Machines and Components Thereof

Notice of Request for Statements on the Public Interest

337–TA–1134 Certain Sleep-Disordered Breathing Treat-ment Mask Systems and Components Thereof

Notice of the Commission’s Determination To Review an Initial De-termination Amending the Complaint and Notice of Investigation; Affirmance of the Initial Determination With Modified Reasoning

337–TA–1134 Notice of the Commission’s Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation in Its Entirety

337–TA–1139 Certain Electronic Nicotine Delivery Sys-tems and Components Thereof

Notice Of Commission Decision Not To Review An Initial Determi-nation Granting Complainant’s Motion To Amend The Complaint And Notice Of Investigation

337–TA–1140 Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Compo-nents Thereof

Notice of Commission Determination Not To Review an Initial De-termination Granting a Motion To Amend the Complaint and Notice of Investigation

337–TA–1144 Certain Dental and Orthodontic Scanners and Software

Institution of an investigation based on a complaint filed on behalf of Align Technology, Inc. alleging patent infringement

337–TA–1146

Certain Taurine (2- Aminoethanesulfonic Acid), Methods of Production and Pro-cesses for Making the Same, and Products Containing the Same

Institution of Investigation; Correction to notice 84 Fed. Reg. 8110

337–TA–1147 Certain Blood Separation and Cell Prepara-tion Devices

Institution of an investigation based on a complaint and amended complaint filed on behalf of RegenLab USA LLC alleging patent in-fringement

337–TA–1148 Certain Integrated Circuits and Products Containing the Same

Institution of an investigation based on a complaint filed on behalf of Tela Innovations, Inc. alleging patent infringement

In addition to the above actions, the ITC has published notices indicating that it

has received complaints filed on behalf of the following companies alleging viola-

tions of §337 with regard to the listed commodities and soliciting comments on

any public interest issues raised by the complaints:

Ref. № Commodity Complaint filed on behalf of:

DN 3369 Certain Photovoltaic Cells and Products Containing Same Hanwha Q CELLS USA Inc. and Hanwha Q CELLS & Advanced Materials Corporation

DN 3370 Certain Vehicle Security and Remote Convenience Systems and Components Thereof

DEI Holdings, Inc. and Directed Electronics Can-ada Inc.

DN 3371 Certain Bone Cements, Components Thereof, and Products Con-taining the Same

Haraeus Medical LLC and Heraeus Medical GmbH

DN 3373 Certain Child Carriers and Components Thereof LILLEbaby, LLC

DN 3374 Certain Food Processing Equipment 3–A Sanitary Standards, Inc



















Baker McKenzie


8461069-v8\WASDMS

123

Ref. № Commodity Complaint filed on behalf of:

DN 3375 Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts and Ac-coutrements

Style Pantry LLC

Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews

In order to assist our clients in planning, we are listing antidumping, countervail-

ing duty and safeguards notices published or posted during the past month from

the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other

countries. (Click on blue text for link to official document.)

Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or

subsidy; LTFV=less than fair value.

WTO Safeguard Notifications

Notification № Member Merchandise Action

G/SG/N/6/ZAF/7 (04-03-19)

South Africa Threaded fasteners of iron or steel Initiation of a safeguard investigation on 01-03-19

G/SG/N/6/PHL/13 (13-03-19).

Philippines Clear and tinted float glass Initiation of a safeguard investigation on 19-02-19

G/SG/N/6/RUS/6 (01-03-19)

Russia Microwave ovens imported into the cus-toms territory of the Eurasian Economic Union

Initiation of a safeguard investigation on 01-03-19

G/SG/N/6/RUS/7 (04-03-19)

Russia Welded tubes of stainless steel imported into the customs territory of the Eurasian Economic Union

Initiation of a safeguard investigation on 04-03-19

United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

C–570–076 Certain Plastic Decorative Ribbon From China Corrected Final Affirmative CVD Determination

A–570–908 Sodium Hexametaphosphate From China Continuation of ADD Order

A–122–864 A–201–850 A–570–102

Certain Fabricated Structural Steel From Canada, Mexico, and China

Initiation of LTFV Investigations

C–122–865 C–201–851 C–570–103

Certain Fabricated Structural Steel From Canada, Mexico, and China

Initiation of CVD Investigations

A–570–879 Polyvinyl Alcohol From China Initiation and Preliminary Results of ADD Changed Circum-stances Review

A–485–805 Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 4.5 Inches) From Romania

Partial Rescission of ADD Administrative Review; 2017–2018

A–433–812 Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria

Notice of Court Decision Not in Harmony With Final Determina-tion in LTFV Investigation and Notice of Amended Final Deter-mination and Order Pursuant to Court Decision

A–570–088 Steel Racks and Parts Thereof From China Preliminary Determination of Sales at LTFV

https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?Query=@Symbol=%20(g/sg/n/6/zaf/7)&Language=ENGLISH&Context=FomerScriptedSearch&languageUIChanged=true
















Baker McKenzie


8461069-v8\WASDMS

124



A–201–820 Fresh Tomatoes From Mexico Intent To Terminate Suspension Agreement, Rescind the Sun-set and Administrative Reviews, and Resume the ADD Investi-gation

A–570–912 Certain New Pneumatic Off-the-Road Tires From China

Final Results of ADD Administrative Review; 2016– 2017

C–570–078 Large Diameter Welded Pipe From China CVD Order

A–570–077 Large Diameter Welded Pipe From China ADD Order

C–533–882 Large Diameter Welded Pipe From India CVD Order

A–533–881 Large Diameter Welded Pipe From India ADD Order

A–552–802 Certain Frozen Warmwater Shrimp From Vietnam Notice of Court Decision Not in Harmony With Final Results of Administrative Review

A–570–010 Certain Crystalline Silicon Photovoltaic Products From China

Preliminary Results of ADD Administrative Review; 2017–2018

C–549–836 Rubber Bands from Thailand Final Negative CVD Determination

A–549–835 Rubber Bands from Thailand Final Determination of Sales at LTFV

A–433–813 A–427–830

Strontium Chromate From Austria and France Postponement of Preliminary Determinations in the LTFV Inves-tigations

A–533–838 Carbazole Violet Pigment 23 From India Final Results of ADD Administrative Review; 2016– 2017

A–552–801 Certain Frozen Fish Fillets From Vietnam 2017– 2018; Rescission of the ADD Administrative Review in Part

A–201–842 A–580–868 C–580–869

Large Residential Washers From S. Korea and Mexico

Final Results of Changed Circumstances Reviews of the ADD Orders and the CVD Order (S. Korea)

A–201–830 Carbon and Certain Alloy Steel Wire Rod From Mexico

Final Affirmative Determination of Circumvention of the ADD Or-der

A–570–832 Pure Magnesium From China Preliminary Results of ADD Administrative Review; 2017–2018

A–533–824 Polyethylene Terephthalate Film, Sheet, and Strip From India

Final Results of ADD Administrative Review; 2016–2017

A–583–848 Certain Stilbenic Optical Brightening Agents from Taiwan

Preliminary Results of ADD Administrative Review; 2017-2018

A–560–828 Certain Uncoated Paper from Indonesia Final Results of ADD Administrative Review; 2017-2018

C–570–968 Aluminum Extrusions From China Preliminary Results of CVD Administrative Review and Intent To Rescind, in Part; 2017

A–570–943 Oil Country Tubular Goods From China Preliminary Results of ADD Administrative Review; 2017– 2018

A–580–891 Carbon and Alloy Steel Wire Rod From the Re-public of Korea

Initiation and Expedited Preliminary Results of ADD Changed Circumstances Review

A–427–818 Low-Enriched Uranium From France Final Results of Sunset Review and Revocation of ADD Order

A–570–970 Multilayered Wood Flooring From China Initiation of ADD New Shipper Review; 2017–2018

A–557–816 Certain Steel Nails From Malaysia Final Results of ADD Administrative Review; 2016–2017

A–423–814 A–580–899 A–517–805 A–559–808 A–791–824 A–469–819

Acetone From Belgium, S. Korea, Saudi Arabia, Singapore, South Africa, and Spain


A–570–095 Aluminum Wire Cable From China Postponement of Preliminary Determination of ADD Investiga-tion

C–533–888 C–570–105

Carbon and Alloy Steel Threaded Rod From India and China

Initiation of CVD Investigations






































Baker McKenzie


8461069-v8\WASDMS

125



A–428–846 A–201–849 A–570–093

Refillable Stainless Steel Kegs From Germany, Mexico and China

Postponement of Preliminary Determinations in the LTFV Inves-tigations

A–570–104 A–533–887 A–583–865 A–549–840

Carbon and Alloy Steel Threaded Rod From India, Taiwan, Thailand, and China


A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China

Continuation of ADD Order

C–570–980 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China

Continuation of CVD Order

A–580–878 Certain Corrosion-Resistant Steel Products From S. Korea

Final Results of ADD Administrative Review; 2016-2017

A–570–075 C–570–076

Certain Plastic Decorative Ribbon From China Amended Final Affirmative ADD Determination and ADD Order; and CVD Order

C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India

Final Results of CVD Administrative Review; 2016

A–583–844 Narrow Woven Ribbons With Woven Selvedge From Taiwan

Final Results of ADD Administrative Review and Final Determi-nation of No Shipments; 2016-2017

A–533–840 Certain Frozen Warmwater Shrimp From India: Rescission of ADD Administrative Review; 2017-2018

A–469–805 Stainless Steel Bar From Spain Final Results of ADD Administrative Review; 2017–2018

C–570–911 Circular Welded Carbon Quality Steel Pipe From China

Final Results of the Expedited Second Sunset Review of the CVD Order

C–570–953 Narrow Woven Ribbons With Woven Selvedge From China

Final Results of CVD Administrative Review; 2016

C–533–864 Certain Corrosion-Resistant Steel Products From India

Final Results of CVD Administrative Review; 2015-2016

A–583–853 Certain Crystalline Silicon Photovoltaic Products From Taiwan

Initiation of ADD Changed Circumstances Review

C–489–817 Oil Country Tubular Goods From Turkey Final Results of CVD Administrative Review; 2016

A–583–854 Certain Steel Nails From Taiwan Final Results of ADD Administrative Review and Partial Rescis-sion of Administrative Review; 2016-2017

C–580–879 Certain Corrosion-Resistant Steel Products From S. Korea

Final Results and Partial Rescission of CVD Administrative Re-view; 2015-2016

C–570–083 Certain Steel Wheels From China Final Affirmative CVD Determination

A–570–082 Certain Steel Wheels From China Final Determination of Sales at LTFV

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

731–TA–1140–1142 Uncovered Innerspring Units From China, South Africa, and Vietnam

[SECOND REVIEW] Institution of Five-Year Reviews

701–TA–486 731– TA–1195-1196

Utility Scale Wind Towers From China and Vietnam

[REVIEW] Cancellation of Hearing for Full Five-Year Reviews

701–TA–481 731–TA–1190

Crystalline Silicon Photovoltaic Cells and Modules from China

[REVIEW] Determination that revocation of the AD and CVD orders would be likely to lead to continuation or recurrence of material in-jury to an industry in the United States within a reasonably foresee-able time

731–TA–929-931 Silicomanganese From India, Ka-zakhstan, and Venezuela

[THIRD REVIEW] Scheduling of Expedited Five-Year Reviews
































Baker McKenzie


8461069-v8\WASDMS

126

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–607 731–TA–1417, 1419

Steel Propane Cylinders From China and Thailand

[Final] Notice of the scheduling of the final phase of AD and CVD investigation to determine whether an industry in the United States is materially injured or threatened with material injury, or the estab-lishment of an industry in the United States is materially retarded by imports preliminarily determined by Commerce to be subsidized and sold at LTFV

701–TA–620 731– TA–1445

Wooden Cabinets and Vanities From China

[PRELIMINARY] Institution of AD and CVD Investigations and Sched-uling of Preliminary Phase Investigations

701–TA–595-596 731–TA–1401, 1403, 1405–1406

Large Diameter Welded Pipe From Canada, Greece, Korea, and Turkey

[FINAL] Scheduling of the Final Phase of AD and CVD Investiga-tions

701–TA–592 731– TA–1400

Plastic Decorative Ribbon From China

[FINAL] Determinations that an industry in the United States is mate-rially injured by reason of imports of subject goods that have been found by Commerce to be sold in the United States at LTFV, and to be subsidized by the government of China

701–TA–615-617 731–TA–1432-1434

Fabricated Structural Steel From Canada, China, and Mexico

[PRELIMINARY] Determinations that that there is a reasonable indica-tion that an industry in the United States is materially injured by reason of imports of subject goods that are alleged to be sold in the United States at LTFV and to be subsidized by the governments of Canada, China, and Mexico

701–TA–608 731–TA–1420

Steel Racks From China [FINAL] Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

701-TA-600 Rubber Bands from Thailand [FINAL] TERMINATION OF INVESTIGATION.

731-TA-1410 Rubber Bands from Thailand [FINAL] Supplemental Schedule for the Subject Investigation

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

RR-2018-008 Dumping and subsidizing: Aluminum Extrusions originating in or exported from China

Notice of Expiry Review of Order [with Schedule]

Canada Border Services Agency (CBSA)


AE 2019 ER Certain Aluminum Extrusions originat-ing in or exported from China

Notice of Initiation of Expiry Review Investigation

SM 2018 ER Dumping and Subsidizing: Certain Sili-con Metal originating in or exported from China.

Notice of Expiry Review Decision: CBSA has determined that the expiry of the finding is likely to result in the continuation or re-sumption of dumping of such goods; and is likely to result in the continuation or resumption of subsidizing of such goods Statement of Reasons

NIT 2018 IN Certain Nitisinone Capsules from Swe-den

Notice of Final Determination. The CITT is continuing its inquiry into the question of injury to the domestic industry and will make an order or finding by April 18, 2019.

OCTG1 SC 2019 UP 01

Certain Oil Country Tubular Goods (OCTG) and certain seamless casing from China

Notice of Conclusion of Normal Value and Export Price Review of an exporter
















http://www.citt-tcce.gc.ca/en/node/8537

https://www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/ae2019/ae2019-ni-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/sm2018/sm2018-nd-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/sm2018/sm2018-de-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/i-e/nit2018/nit2018-nf-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/up/octg1sc2019/octg1sc201901-nc-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/up/octg1sc2019/octg1sc201901-nc-eng.html

Baker McKenzie


8461069-v8\WASDMS

127

Canada Border Services Agency (CBSA)


TC 2018 ER Dumping and Subsidizing: Certain Thermoelectric Containers originating in or exported from China

Notice of Expiry Review Decision: CBSA has determined that the expiry of the order: is likely to result in the continuation or re-sumption of dumping of such goods originating in or exported from China; and is likely to result in the continuation or resump-tion of subsidizing of such goods originating in or exported from China. CITT will now conduct injury inquiry

NAFTA Panels

Case Number Merchandise/Country Action

None

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

EC 01/18 Cut bond paper originating in the Federative Re-public of Brazil, regardless of the country of export

Final Resolution -review of the validity of the ADD; The term is extended for an additional five years

European Union

Reference Merchandise/Country Action

2019/C 104/06 Certain prepared or preserved citrus fruits (namely mandarins, etc.) originat-ing in, or exported from, China

Notice of the impending expiry of certain AD measures (definitive ADD) 12-12-19.

(EU) 2019/464 Ceramic tableware and kitchenware originating in China

Commission Implementing Regulation initiating an investigation concerning possible circumvention of AD measures and making such imports subject to registration

2019/C 111/12 Certain polyethylene terephthalate origi-nating in India

Notice of initiation of a partial interim review of the CV measures

2019/C 111/13 Steel road wheels originating in China Notice amending the notice of initiation of an anti-dumping pro-ceeding

(EU) 2019/244 Biodiesel originating in Argentina Corrigendum to Commission Implementing Regulation (EU) 2019/244 o imposing a definitive CVD

Australian Anti-Dumping Commission

Notice № Merchandise/Country/Case # Action

2019/17 Alloy Round Steel Bar from China #384 Findings in relation to a dumping investigation

2019/19 Clear Float Glass from Thailand #479 Findings in Relation to an Anti-Circumvention Inquiry

2019/28 Steel Reinforcing Bar from Turkey #495 Extension of time to issue the Statement of Essential Facts and Fi-nal Report

2019/32 Various Monthly Status Report - February 2019

2019/33 Wind Towers from China, Korea #487 Findings of the continuation inquiry into anti-dumping measures

2019/34 Alloy Round Bar from China #384 Longer Period of Decision for the Minister of Industry, Science and Technology

2019/35 Power Transformers from China #507 Initiation of an Investigation into alleged dumping

https://www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/tc2018/tc2018-nd-eng.html







https://www.adcommission.gov.au/cases/EPR%20351%20%20450/EPR%20384/384-080%20-%20Notice%20-%20ADN%202019-17%20-%20Findings%20in%20relation%20to%20a%20dumping%20investigation.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20479/479-015%20-%20Notice%20-%20ADN%202019-19%20Findings%20in%20Relation%20to%20Anti-Circ%20Inquiry.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20495/495-017%20-%20Notice%20-%20ADN%202019-28%20-%20Extension%20of%20time%20to%20issue%20the%20Statement%20of%20Essential%20Facts%20and%20Final%20Report.pdf

https://www.adcommission.gov.au/notices/Documents/2019/ADN%202019-32%20Monthly%20Status%20Report%20February%202019.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20487/487-020%20-%20Notice%20-%20ADN2019-33%20-%20Findings%20of%20the%20continuation%20inquiry%20into%20anti-dumping%20measures.pdf

https://www.adcommission.gov.au/cases/EPR%20351%20%20450/EPR%20384/384-079%20-%20Notice%20-%20ADN%202019-34%20-%20Notice%20for%20Longer%20Period%20of%20Decision.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20507/507-003_Notice_ADN2019-35_Initiation-of-an-Investigation.pdf

Baker McKenzie


8461069-v8\WASDMS

128

Australian Anti-Dumping Commission

Notice № Merchandise/Country/Case # Action

2019/36 A4 Copy Paper from Austria #463 Termination of part of the Investigation

2019/39 Tomato Products, Prepared or Preserved from Italy #508

Initiation of a Revocation Review

2019/40 Wire Rope from South Africa #483 Extension of time to issue Final Rep

2019/41 Resealable Can End Closures from Malaysia, Philippines, Singapore #496

Extension of time granted to issue the Statement of Essential Facts and Final Report

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

MOFCOM № 8 Various Announcement of Anti-dumping and Countervailing Measures ex-piring in the Second Half of 2019

MOFCOM № 9

Stainless steel billets and stainless steel hot-rolled sheets/rolls originating in the European Union, Japan, South Korea and Indonesia

Preliminary ruling on the AD investigation

MOFCOM № 10 Resorcinol originating in Japan and the United States

Final Review of the AD Measures

MOFCOM № 11 Nonylphenols originating in India and Taiwan

Final Review of the AD Measures

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

13/2019-Cus (ADD) 14-03-19

Saturated Fatty Alcohols originating in or exported from subject countries by M/s PT.Energi Sejahtera Mas (Producer), Indonesia through M/s Sinarmas Cespa Pte Ltd (Exporter/ Trader) Singapore and im-ported into India

Prescribes provisional assessment till completion of New Shipper Review

14/2019-Cus (ADD) 25-03-19

Acetone originating in or exported from European Union, Singapore, South Africa and United States of America

Definitive ADD imposed for a period of five years

15/2019-Cus (ADD) 29-03-19

Ethylene Vinyl Acetate (EVA) Sheet for Solar Mod-ule, originating in or exported from China PR, Malay-sia, Saudi Arabia and Thailand

Definitive ADD imposed for a period of five years

Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

INITIATIONS

06/03/2019-DGTR 28-03-19

Chlorinated Polyvinyl Chloride -Whether or not fur-ther processed into compound originating in or ex-ported from Korea RP and China PR

Initiates AD investigation

ORAL HEARINGS

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20463/463-067%20-%20Notice%20-%20ADN%202019-36%20-%20Termination%20of%20part%20of%20the%20Investigation.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20508/508%20-%20ADN%202019-39%20Initiation%20of%20a%20Revocation%20Review.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20483/483-025%20-%20Notice%20-%20ADN%202019-40%20-%20Extension%20of%20time%20to%20issue%20Final%20Rep%20483.pdf

https://www.adcommission.gov.au/cases/EPR%20451%20%20550/EPR%20496/496-007_Notice_ADN2019-41_Extension-of-time-granted-to-issue-the-SEF-and-FinalReport.pdf

http://www.mofcom.gov.cn/article/b/c/201903/20190302840847.shtml




http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-add2019/csadd13-2019.pdf;jsessionid=19FDE473B4BCD876DF958ED1E31B2434

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-add2019/csadd13-2019.pdf;jsessionid=19FDE473B4BCD876DF958ED1E31B2434

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-add2019/csadd14-2019.pdf;jsessionid=D563C9C5926B8FAA152451A418FBE0A3

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-add2019/csadd14-2019.pdf;jsessionid=D563C9C5926B8FAA152451A418FBE0A3

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-add2019/csadd15-2019.pdf;jsessionid=85C0F74F4AE6AA2EBDAC9F8626F01436

http://www.cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2019/cs-add2019/csadd15-2019.pdf;jsessionid=85C0F74F4AE6AA2EBDAC9F8626F01436

http://www.dgtr.gov.in/sites/default/files/Scan_Initiation_%29Notification_CPVC_English.pdf

http://www.dgtr.gov.in/sites/default/files/Scan_Initiation_%29Notification_CPVC_English.pdf

Baker McKenzie


8461069-v8\WASDMS

129

Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

6/17/2018-DGAD 20-03-19

Continuous Cast Copper Wire Rods originating in or exported from Indonesia, Malaysia, Thailand and Vi-etnam

Schedules oral hearing on 29 March, 2019 in AS investigation

FINAL FINDINGS

7/26/2018-DGAD 05-03-19

Acetone originating in or exported from European Union, Singapore, South Africa and United States of America

Final Findings issued in Sunset Review Investiga-tion

7/4/2018- DGAD 14-03-19

Soda Ash originating in or exported from Turkey and Russia.

Final Findings issued in Sunset Review Investiga-tion

7/3/2018-DGAD 19-03-19

Jute Sacking Bags imported from Bangladesh Final Findings issued in Anti-Circumvention Inves-tigation

6/8/2018-DGAD 25-03-19

New Pneumatic Tyres for Buses and Lorries im-ported from China PR

Final Findings issued in Anti-subsidy Investigation

7/31/2018-DGTR 29-03-19

Aluminium Alloy Road Wheels originating in or ex-ported from China PR, Korea RP and Thailand

Final Findings issued in Sunset review Investiga-tion

6/13/2018-DGAD 29-03-19

Saccharin originating in or exported from Indonesia Final Findings issued in AD Investigation

OTHERS

6/22/2018-DGAD 06-03-2019

Welded Stainless Steel Pipes and Tubes originating in or exported from China PR and Vietnam

Invites comments on Product Control Number (PCN) wise analysis for calculation of subsidy mar-gin and injury margin for specified products

6/22/2018-DGAD 14-03-2019

Directs interested parties to provide Product Con-trol Number (PCN wise information for specified products by 26 March, 2019

Argentina Ministry of Production and Labor – Secretary of Foreign Trade


Resolution 21/2019 RESOL-2019-21-APN-SCE # MPYT

Unsaturated polyester resins with-out alkyds, originating in Brazil

Continue investigation without the application of provisional ADD


Electric glass insulators classified Verification investigation of Colombian origin rather than Spanish or Chinese


Certain aluminum sheets, without support, simply laminated…origi-nating in China

Opening of dumping investigation


Crossheads declared as originat-ing in Brazil but in packaging indi-cating possible Chinese origin

Proceed to the closing of the procedure of Verification of Prefer-ential Origin

Resolution 147/2019 RESOL-2019-147-APN-MPYT

Hand-held pliers, made of common metal, originating in China, India, Brazil and Spain

Proceed to close the investigation except with respect to China and India

Brazil Ministry of Development, Industry and Trade


SECEX Cir. № 15 Nylon yarn originating specifically from Thailand

Error in Circular SECEX No. 65 of 2018. It declares null and void the initiation of the end-of-period review of the ADD imposed on

http://www.dgtr.gov.in/sites/default/files/OH_NOTICE.pdf

http://www.dgtr.gov.in/sites/default/files/OH_NOTICE.pdf

http://www.dgtr.gov.in/sites/default/files/English%20_Final_Finding_Acetone.pdf

http://www.dgtr.gov.in/sites/default/files/English%20_Final_Finding_Acetone.pdf

http://www.dgtr.gov.in/sites/default/files/FF_Soda_Ash%20_NCV.pdf

http://www.dgtr.gov.in/sites/default/files/FF_Soda_Ash%20_NCV.pdf

http://www.dgtr.gov.in/sites/default/files/combinepdf%20%281%29.pdf

http://www.dgtr.gov.in/sites/default/files/combinepdf%20%281%29.pdf

http://www.dgtr.gov.in/sites/default/files/Final_Finding_NCV_25.3.19.pdf

http://www.dgtr.gov.in/sites/default/files/Final_Finding_NCV_25.3.19.pdf

http://www.dgtr.gov.in/sites/default/files/Final_finding_ARW.pdf

http://www.dgtr.gov.in/sites/default/files/Final_finding_ARW.pdf

http://www.dgtr.gov.in/sites/default/files/FF-NCV-29-3-2019.pdf

http://www.dgtr.gov.in/sites/default/files/FF-NCV-29-3-2019.pdf

http://www.dgtr.gov.in/sites/default/files/WSSTP_CVD_PCN_Letter.pdf

http://www.dgtr.gov.in/sites/default/files/WSSTP_CVD_PCN_Letter.pdf

http://www.dgtr.gov.in/sites/default/files/Welded%20Stainless%20Steel%20PCN%20FINAL.pdf

http://www.dgtr.gov.in/sites/default/files/Welded%20Stainless%20Steel%20PCN%20FINAL.pdf
















http://www.mdic.gov.br/images/REPOSITORIO/secex/gab/circulares_secex_2019/Circular_SECEX_15_2019.pdf

Baker McKenzie


8461069-v8\WASDMS

130

Brazil Ministry of Development, Industry and Trade


imports specifically from Thailand, with its effects unchanged for other origins in the pursuant to SECEX Circular No. 65 of 2018

SECEX Cir. № 14 Fresh or chilled garlic originating in China

It extends the deadline for the conclusion of the end-of-period re-view of the ADD. It makes public the deadlines referred to in arts. 59 to 63 of Decree No. 8,058, of 2013

Opportunity to Request Administrative Review

In a March 5, 2019 Federal Register notice, the US Department of Commerce

announced that it will receive requests to conduct administrative reviews of vari-

ous antidumping (AD) and countervailing duty (CVD) orders and findings with

March anniversary dates:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

Australia: Uncoated Paper A–602–807 3/1/18–2/28/19 Brazil: Uncoated Paper A–351–842 3/1/18–2/28/19 Canada: Iron Construction Castings A–122–503 3/1/18–2/28/19 France: Brass Sheet & Strip A–427–602 3/1/18–2/28/19 Germany: Brass Sheet & Strip A–428–602 3/1/18–2/28/19 India: Off-The-Road Tires A–533–869 3/1/18–2/28/19 Sulfanilic Acid A–533–806 3/1/18–2/28/19 Indonesia: Uncoated Paper A–560–828 3/1/18–2/28/19 Italy: Brass Sheet & Strip A–475–601 3/1/18–2/28/19 Portugal: Uncoated Paper A–471–807 3/1/18–2/28/19 Russia: Silicon Metal A–821–817 3/1/18–2/28/19 South Africa: Carbon and Alloy Steel Wire Rod A–791–823 10/31/17–2/28/19 Taiwan: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube A–583–803 3/1/18–2/28/19 Thailand: Circular Welded Carbon Steel Pipes and Tubes A–549–502 3/1/18–2/28/19 The PR of China: Ammonium Sulfate A–570–049 3/1/18–2/28/19 Amorphous Silica Fabric A–570–038 3/1/18–2/28/19 Biaxial Integral Geogrid Products A–570–036 3/1/18–2/28/19 Carbon and Alloy Steel Cut-To-Length Plate A–570–047 3/1/18–2/28/19 Chloropicrin A–570–002 3/1/18–2/28/19 Circular Welded Austenitic Stainless Pressure Pipe A–570–930 3/1/18–2/28/19 Glycine A–570–836 3/1/18–2/28/19 Sodium Hexametaphosphate A–570–908 3/1/18–2/28/19 Tissue Paper Products A–570–894 3/1/18–2/28/19 Uncoated Paper A–570–022 3/1/18–2/28/19 Ukraine: Carbon and Alloy Steel Wire Rod A–823–816 10/31/17–2/28/19

Countervailing Duty Proceedings

India: Fine Denier Polyester Staple Fiber C–533–876 11/6/17–12/31/18 Off-The-Road Tires C–533–870 1/1/18–12/31/18 Sulfanilic Acid C–533–807 1/1/18–12/31/18 Indonesia: Uncoated Paper C–560–829 1/1/18–12/31/18 Iran: In-Shell Pistachio Nuts C–507–501 1/1/18–12/31/18 Sri Lanka: Off-The-Road Tires C–542–801 1/1/18–12/31/18 The PR of China: Ammonium Sulfate C–570–050 1/1/18–12/31/18 Amorphous Silica Fabric C–570–039 1/1/18–12/31/18 Biaxial Integral Geogrid Products C–570–037 1/1/18–12/31/18 Carbon and Alloy Steel Cut-To-Length Plate C–570–048 1/1/18–12/31/18 Circular Welded Austenitic Stainless Pressure Pipe C–570–931 1/1/18–12/31/18 Fine Denier Polyester Staple Fiber C–570–061 11/6/17–12/31/18 Uncoated Paper C–570–023 1/1/18–12/31/18

Editor, International Trade Compliance Update

Stuart P. Seidel

Washington, D.C. +1 202 452 7088 stuart.seidel@bakermcken-

zie.com

This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior re-sults do not guarantee a simi-lar outcome.

Please see copyright and acknowledgements on the last page

http://www.mdic.gov.br/images/REPOSITORIO/secex/gab/circulares_secex_2019/Circular_SECEX_14_2019.pdf




Baker McKenzie


8461069-v8\WASDMS

131


Turkey: Circular Welded Carbon Steel Pipes and Tubes C–489–502 1/1/18–12/31/18

Suspension Agreements

Mexico: Fresh Tomatoes A–201–820 3/1/18–2/28/19

Requested Reviews

In a March 14, 2019 Federal Register notice, the US Department of Commerce

announced that it has received timely requests to conduct administrative reviews

of various antidumping and countervailing duty orders and findings with Decem-

ber anniversary dates. See actual notices for companies requesting review:



India: Carbazole Violet Pigment 23 A-533-838 12/1/17 - 11/30/18 Oil Country Tubular Goods A-533-857 9/1/17 - 8/31/18 Mexico: Circular Welded Non-Alloy Steel Pipe A-201-805 11/1/17 - 10/31/18 Oman: Circular Welded Carbon-Quality Steel Pipe A-523-812 12/1/17 - 11/30/18 S. Korea: Welded Line Pipe A-580-876 12/1/17 - 11/30/18 Russia: Certain Hot-Rolled Carbon Steel Flat Products A-821-809 12/1/17 - 11/30/18 Taiwan: Steel Wire Garment Hangers A-583-949 12/1/17 - 11/30/18 The PR of China: Certain Cased Pencils A-570-827 12/1/17 - 11/30/18 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules A-570-979 12/1/17 - 11/30/18 Fresh Garlic A-570-831 11/1/17 - 10/31/18 Honey A-570-863 12/1/17 - 11/30/18 Malleable Cast Iron Pipe Fittings A-570-881 12/1/17 - 11/30/18 Multilayered Wood Flooring A-570-970 12/1/17 - 11/30/18 Turkey: Welded Line Pipe A-489-822 12/1/17 - 11/30/18 Steel Concrete Reinforcing Bar C-489-819 1/1/17 - 12/31/17 UAE: Circular Welded Carbon-Quality Steel Pipe A-520-807 12/1/17 - 11/30/18

Countervailing Duty Proceedings

India: Carbazole Violet Pigment 23 C-533-839 1/1/17 - 12/31/17 PR of China: Multilayered Wood Flooring C-570-971 1/1/17 - 12/31/17 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules C-570-980 1/1/17 - 12/31/17

Suspension Agreements

Mexico: Sugar A-201-845 12/1/17 - 11/30/18

Initiation of Sunset Reviews

In a March 1, 2019, Federal Register notice, the US Department of Commerce

advised that it was automatically initiating a five-year (“Sunset”) review of the an-

tidumping and countervailing duty orders listed below.

AD/CVD DOC Case

No. ITC Case No. Country Merchandise

A–570–928 731–TA–1140 China Uncovered Innerspring Units (2nd Review) A–791–821 731–TA–1141 South Africa Uncovered Innerspring Units (2nd Review) A–552–803 731–TA–1142 Vietnam Uncovered Innerspring Units (2nd Review)



Baker McKenzie


8461069-v8\WASDMS

132

Advance Notification of Sunset Reviews

In a March 5, 2019, Federal Register notice, the US Department of Commerce

advised that the following cases were scheduled for five-year (“Sunset”) reviews

for April 2019.

AD/CVD Proceedings - Merchandise/Country Case No.


Circular Welded Carbon Quality Steel Line Pipe from China A–570–935 (2nd Review) Freshwater Crawfish Tailmeat A–570–848 (4th Review) Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from Japan A–588–869 (1st Review)

Circular Welded Carbon Quality Steel Line Pipe from China C–570–936) (2nd Review) .

Suspended Investigations

No Sunset Review of suspended investigations is scheduled for initiation in April 2019


Baker McKenzie


8461069-v8\WASDMS

133

Mattias Hedwall

Global Chair International Commercial & Trade

International Commercial & Trade Leadership Team

Regional Chairs / Steering Committee

Kana Itabashi Tokyo

Asia Pacific

Ulf Wauschkuhn Munich EMEA

Alejandro C. Mesa-Neira Bogota

Latin America

Jennifer Trock Washington DC North America

IC&T Focus Groups

Agency & Distribution / Franchising Product Liability / Anticorruption /

Compliance Liaison Customs & Trade Agreements

Will Woods Dallas

Ulrich Ellinghaus Frankfurt

Fred Burke Ho Chi Minh City

Terrie Gleason San Francisco

Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets

Peerapan Tungsuwan Bangkok

Nick Coward & Janet Kim Washington DC

Miguel Noyola Chicago/Washington DC

©2019 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm.

This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

This UPDATE is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in indi-vidual cases.

Before you send an e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

NOTE: This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
