international trade compliance updatetion of railway equipment and parts thereof (compainant:...

8490545-v4\WASDMS 1

International Trade Compliance Update

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

tions, Trade Remedies, WTO and Anti-Corruption)

Newsletter | March 2020

Covering February 2020

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

tration information for the new webinars in our 17th annual Global Trade and

Supply Chain Webinar Series: International Trade Basics and Trends 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

2019 Year-End Import/Export Review in Santa Clara and the

2018 Year-End Import/Export Review in Santa Clara

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

For International Trade Compliance Updates, please regularly visit https://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 https://brexit.bakermckenzie.com/.

For additional compliance news and comment from around the world, please visit https://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

The Americas - North America

The Americas - South America

Asia-Pacific

Europe, Middle East and North Africa

Africa (except North Africa)

Newsletters, reports, articles, etc.

Webinars, Meetings, Seminars, etc.

WTO TBT Notifications

CBSA Advance Rulings

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

Compliance Update

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

https://www.internationaltradecomplianceupdate.com/

http://sanctionsnews.bakermckenzie.com/

http://tradeblog.bakermckenzie.com/

https://brexit.bakermckenzie.com/

https://globalcompliancenews.com/

mailto:[email protected]

Baker McKenzie

International Trade Compliance Update | March 2020

8490545-v4\WASDMS

2

WORLD TRADE ORGANIZATION (WTO)

Trade Policy Review: European Union

The fourteenth review of the trade policies and practices of the European Union

took place on 18th and 20th 2020. The basis for the review was a report by the

WTO Secretariat and a report by the European Union.

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.

The date shown is when the public notice was posted by the WTO.

DS No. Case Name Date

DS 594 Korea - Measures Affecting Trade in Commercial Vessels (second complaint) (Complainant: Japan) - Request for consultations by Ja-pan

10-02-20

DSB activities

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

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

Requests for a panel are not listed (click on “DS” number to go to summaries of

the case, click on “Activity” to go to the latest news or documents):

DS No. Case Name Activity Date

DS 499 Russia — Measures affecting the importa-tion of railway equipment and parts thereof (Compainant: Ukraine)

Appellate Body issued its report

04-02-20

DS 505 United States — Countervailing Measures on Supercalendered Paper from Canada (Complainant: Canada)

Appellate Body issued its report

06-02-20

DS 582 India — Tariff Treatment on Certain Goods in the Information and Communications Technology Sector (Complainant: EU)

Request for the estab-lishment of a panel by the European Union

17-02-20

DS 591 Colombia – Anti-Dumping Duties on Fro-zen Fries from Belgium, Germany and the Netherlands (Complainant: EU)

Request for the estab-lishment of a panel by the European Union

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)

Dates and Draft Agenda for 65th HSC released

US Customs and Border Protection (CBP) has published in Customs Bulletin and

Decisions, the dates and draft agenda for the next session of the Harmonized

System Committee (HSC) of the World Customs Organization. The HSC will

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/tratop_e/tpr_e/s395_e.pdf

https://www.wto.org/english/tratop_e/tpr_e/s395_e.pdf

https://www.wto.org/english/tratop_e/tpr_e/g395_e.pdf

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds594_e.htm

https://www.wto.org/english/news_e/news20_e/ds594rfc_06feb20_e.htm

https://www.wto.org/english/news_e/news20_e/ds594rfc_06feb20_e.htm


https://www.wto.org/english/news_e/news20_e/499abr_e.htm













https://www.cbp.gov/sites/default/files/assets/documents/2020-Feb/Vol_54_No_5_Title.pdf



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


Baker McKenzie


8490545-v4\WASDMS

3

meet from 11 March until 20 March, 2020. The Draft Agenda may be found in the

February 12, 2020 Notices section.

Announcements and news releases [dd-mm-yy]

Date Title

31-01-20 Novel coronavirus (2019-nCoV) outbreak

03-02-20 Guatemala presents results of its first Time Release Study

04-02-20

WCO supports Tanzania to improve safety and security through PGS

WCO supports Algeria in implementing an Advance Ruling System for Classifi-cation and Origin

WCO supports Benin with preparation of its first Time Release Study (TRS)

05-02-20

WCO Workshop on Customs Valuation and Transfer Pricing held in North Mac-edonia

Nigeria takes advance rulings to the next level

WCO welcomes Kenya’s Customs modernization measures

06-02-20 SACU brings its Members together to plan for the HS 2022 implementation

07-02-20 WCO welcomes strong political support for Customs reform in Tanzania

10-02-20

The Data Model Projects Team (DMPT) explores paperless processes for the Management of Transboundary movement of waste at its 56th Meeting

TEGACS 14th Meeting marks the successful conclusion of its Terms of Refer-ence

The WCO A-CIP Programme welcomes five additional partner administrations

11-02-20 WCO National Training Workshop on Customs Valuation held in Seychelles

12-02-20 WCO launch Pilot of its new competency Based HRM programme in South Af-rica

13-02-20

Curaçao benefits from strong political support to move forward on Customs re-form

Capacity Building in Rwanda Revenue Authority (RRA) to conduct Time Re-lease Study (TRS)

14-02-20 WCO shares its experience at UPU high-level forum on wider postal sector en-gagement

17-02-20

The Working Group on E-Commerce meets to finalise outstanding work items

Saint Lucia Customs and CCLEC advancing regional cooperation in the Carib-bean region

18-02-20

Mid-Term Evaluation Report confirms the relevance, impact and sustainability of the WCO-ESA Project II

New Important Step made in West Africa towards the development of “Pool of Trainers on Risk Management and Intelligence Analysis”

19-02-20 WCO supports SARS with AEO programme implementation

Japan supports WCO projects on sustainability and border security

20-02-20 5th WCO Global AEO Conference postponed to February 2021

21-02-20 EU reaffirms its strong commitment to the WCO

24-02-20 IPR Workshop in Cuba

25-02-20

The A-CIP Programme held its first Coordinators’ meeting prior to the ISC

A Sub-regional Workshop discusses how to improve Customs transit efficiency in South-East Asia

WCO Strategic Planning Workshop in Colombia

WCO Mercator Diagnostic Mission in Uzbekistan

The WCO provides further support to SRC RA in developing a Mercator Imple-mentation Plan

The INAMA Project supports the Malawi Revenue Authority with Risk Manage-ment in the field of Illegal Wildlife Trade

Cooperation with Basel Convention to manage illicit trade in wastes and envi-ronmentally-sensitive commodities

27-02-20

WCO National Training Workshop on Classification and Identification of Textile products held in Zimbabwe

WCO supports Uganda to improve safety and security through PGS

Good progress of Customs in East Africa towards the development of pool of PCA Trainers


http://www.wcoomd.org/en/media/newsroom/2020/january/novel-coronavirus-outbreak.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/guatemala-presents-results-of-its-first-time-release-study.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-supports-tanzania-to-improve-safety-and-security-through-pgs.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-supports-algeria-in-implementing-an-advance-ruling-system-for-classification-and-origin.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-supports-algeria-in-implementing-an-advance-ruling-system-for-classification-and-origin.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-supports-benin-with-preparation-of-its-first-time-release-study.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-workshop-on-customs-valuation-and-transfer-pricing-held-in-north-macedonia.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-workshop-on-customs-valuation-and-transfer-pricing-held-in-north-macedonia.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/nigeria-takes-advance-rulings-to-the-next-level.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-welcomes-kenya-s-customs-modernization-measures.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/sacu-brings-its-members-together-to-plan-for-the-hs-2022-implementation.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-welcomes-strong-political-support-for-customs-reform-in-tanzania.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-data-model-projects-team-dmpt-explores-paperless-processes-for-the-management-of-transboundary.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-data-model-projects-team-dmpt-explores-paperless-processes-for-the-management-of-transboundary.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/tegacs-14th-meeting-marks-the-successful-conclusion-of-its-terms-of-reference.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/tegacs-14th-meeting-marks-the-successful-conclusion-of-its-terms-of-reference.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-wco-a-cip-programme-welcomes-five-additional-partner-administrations.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-national-training-workshop-on-customs-valuation-held-in-seychelles.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-launch-pilot-of-its-new-competency-based-hrm-programme-in-south-africa.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-launch-pilot-of-its-new-competency-based-hrm-programme-in-south-africa.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/curacao-benefits-from-strong-political-support-to-move-forward-on-customs-reform.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/curacao-benefits-from-strong-political-support-to-move-forward-on-customs-reform.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/capacity-building-in-rra-to-conduct-trs.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/capacity-building-in-rra-to-conduct-trs.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-shares-its-experience-at-upu-high-level-forum-on-wider-postal-sector-engagement.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-shares-its-experience-at-upu-high-level-forum-on-wider-postal-sector-engagement.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-working-group-on-e-commerce-meets-to-finalise-outstanding-work-items.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/saint-lucia-customs-and-cclec-advancing-regional-cooperation-in-the-caribbean-region.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/saint-lucia-customs-and-cclec-advancing-regional-cooperation-in-the-caribbean-region.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/mid-term-evaluation-report-confirms-the-relevance.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/mid-term-evaluation-report-confirms-the-relevance.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/new-important-step-made-in-west-africa-towards-the-development.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/new-important-step-made-in-west-africa-towards-the-development.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-supports-sars-with-aeo-programme-implementation.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/japan-supports-wco-projects-on-sustainability-and-border-security.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/5th-wco-global-aeo-conference-postponed-to-february-2021.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/eu-reaffirms-its-strong-commitment-to-the-wco.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/ipr-workshop-in-cuba.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-a-cip-programme-held-its-first-coordinators-meeting-prior-to-the-isc.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/a-sub-regional-workshop-discusses-how-to-improve-customs-transit-efficiency-in-south-east-asia.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/a-sub-regional-workshop-discusses-how-to-improve-customs-transit-efficiency-in-south-east-asia.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-strategic-planning-workshop-in-colombia.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-mercator-diagnostic-mission-in-uzbekistan.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-wco-provides-further-support-to-src-ra-in-developing-a-mercator-implementation-plan.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-wco-provides-further-support-to-src-ra-in-developing-a-mercator-implementation-plan.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-inama-project-supports-the-malawi-revenue-authority.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/the-inama-project-supports-the-malawi-revenue-authority.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/cooperation-with-basel-convention.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/cooperation-with-basel-convention.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-national-training-workshop-on-classification.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-national-training-workshop-on-classification.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/wco-supports-uganda-to-improve-safety-and-security-through-pgs.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/good-progress-of-customs-in-east-africa-towards-the-development-of-pool-of-pca-trainers.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/good-progress-of-customs-in-east-africa-towards-the-development-of-pool-of-pca-trainers.aspx

Baker McKenzie


8490545-v4\WASDMS

4

Date Title

Ghana’s Minister of Trade and Industry visits WCO Headquarters

Latest edition of WCO News now available

OTHER INTERNATIONAL MATTERS

CITES Notification to Parties

The Convention on International Trade in Endangered Species of Wild Fauna

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

Date Title

03-02-20 2020/009 - National laws for the implementation of the Convention

10-02-20 2020/010 - Questionnaire on Decision 18.205 on Boswellia trees

Annex: Questionnaire on Boswellia trees (Boswellia spp.)

19-02-20

2020/011 - Implementation of Decisions 18.281 to 18.285 on Helmeted horn-bill (Rhinoplax vigil)

2020/012 - Implementation of Decisions 18.281 to 18.285 on Titicaca water frog (Telmatobius culeus)

2020/013 - CITES Tree Species Programme

26-02-20 2020/014 - Registration of operations that breed Appendix-I animal species in captivity for commercial purposes

28-02-20

2020/015 - Request for information on national management measures for sea-horses (Hippocampus spp.) and their implementation and enforcement

2020/016 - Request for new information on shark and ray conservation and management activities, including legislation title

FAS GAIN Reports

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

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

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

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

These provide valuable information on regulatory standards, import 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

Algeria FAIRS Export Certificate Report

Algeria FAIRS Annual Country Report

Angola FAIRS Export Certificate Report

Angola FAIRS Country Report

Australia Australia-Indonesia Free Trade Agreement Ratified

Bangladesh FAIRS Export Certificate Report

Bangladesh FAIRS Annual Country Report

Belgium FAIRS Country Report

Bosnia and Herzegovina

FAIRS Annual Country Report

Bosnia and Herzegovina

FAIRS Export Certificate Report

Brazil FAIRS Country Report

Brazil FAIRS Export Certificate Report

Burma FAIRS Annual Country Report

Canada Consultations on Proposed Supply-Managed TRQ Administration Options

China China Announces Reductions in Certain Additional Tariffs

http://www.wcoomd.org/en/media/newsroom/2020/february/ghana-s-minister-of-trade-and-industry-visits-wco-headquarters.aspx

http://www.wcoomd.org/en/media/newsroom/2020/february/latest-edition-of-wco-news-now-available.aspx

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

https://www.cites.org/sites/default/files/notif/E-Notif-2020-009.pdf


https://www.cites.org/sites/default/files/notif/E-Notif-2020-010-A.docx












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://www.fas.usda.gov/data/algeria-fairs-export-certificate-report

https://www.fas.usda.gov/data/algeria-fairs-annual-country-report

https://www.fas.usda.gov/data/angola-fairs-export-certificate-report-0

https://www.fas.usda.gov/data/angola-fairs-country-report-2

https://www.fas.usda.gov/data/australia-australia-indonesia-free-trade-agreement-ratified

https://www.fas.usda.gov/data/bangladesh-fairs-export-certificate-report-0

https://www.fas.usda.gov/data/bangladesh-fairs-annual-country-report-0

https://www.fas.usda.gov/data/belgium-fairs-country-report

https://www.fas.usda.gov/data/bosnia-and-herzegovina-fairs-annual-country-report

https://www.fas.usda.gov/data/bosnia-and-herzegovina-fairs-export-certificate-report-0

https://www.fas.usda.gov/data/brazil-fairs-country-report-4

https://www.fas.usda.gov/data/brazil-fairs-export-certificate-report-2

https://www.fas.usda.gov/data/burma-fairs-annual-country-report-0

https://www.fas.usda.gov/data/canada-consultations-proposed-supply-managed-trq-administration-options

https://www.fas.usda.gov/data/china-china-announces-reductions-certain-additional-tariffs

Baker McKenzie


8490545-v4\WASDMS

5

Member GAIN Report

China China Announces a New Round of Tariff Exclusions

China China Notifies Draft Maximum Residue Limits on Pesticides in Foods

Costa Rica FAIRS Export Certificate Report

Ecuador FAIRS Export Certificate Report

El Salvador FAIRS Country Report

EU-27 FAIRS Export Certificate Report

Ghana Exporter Guide

Greece FAIRS Export Certificate Report

Guatemala FAIRS Export Certificate Report

Guatemala FAIRS Country Report

Hong Kong FAIRS Country Report

Hong Kong FAIRS Export Certificate Report

India FAIRS Country Report

Indonesia FAIRS Country Report

Israel FAIRS Export Certificate Report

Israel FAIRS Country Report

Italy FAIRS Export Certificate Report

Japan USJTA Treatment for Frozen and Dried Fruit

Japan Japan Notifies WTO of Revised Sethoxydim Residue Standards

Japan USJTA Treatment for Pulses

Japan USJTA Treatment for Fruit Preparations

Japan USJTA Treatment for Fruit Juice and Jams

Japan USJTA Treatment for Vegetable Preparations and Juice

Japan General Instructions for Shipping Product Samples to Japan

Japan Japan Notifies WTO of Revised Pest Lists and Relevant Phytosanitary Measures

Kenya FAIRS Country Report

Kenya FAIRS Export Certificate Report

Mexico Mexico Approves Front of Pack Warning Signs

Mexico Mexico Moves Forward on Front of Pack Warning Signs

Morocco FAIRS Export Certificate Report

Mozambique FAIRS Annual Country Report

Mozambique FAIRS Export Certificate Report

Netherlands FAIRS Export Certificate Report

New Zealand FAIRS Country Report

New Zealand FAIRS Export Certificate Report

Niger Biosafety Law 2019

Nigeria FAIRS Country Report

Pakistan FAIRS Country Report

Panama FAIRS Export Certificate Report

Philippines New Excise Tax Structure for Alcohol Products

Poland FAIRS Export Certificate Report

Poland FAIRS Country Report

Russia New Food Security Doctrine Adopted

Russia Draft Amendments to List of Quarantine Products Notified to WTO

Russia Draft Amendments to Veterinary Requirements Notified to WTO

Russia Draft TBT Measure on Fat and Oil Products Notified to WTO

Senegal FAIRS Export Certificate Report

Senegal FAIRS Country Report

Senegal Exporter Guide

South Africa FAIRS Country Report

South Africa FAIRS Export Certificate Report

South Korea 2020 Korea’s Adjustment and Quota Tariffs Schedule

Spain FAIRS Country Report

Sri Lanka Food Color Coding for Sugar-Salt-Fat Regulations 2019

Taiwan Taiwan Reaches Organic Equivalency with Japan and Australia

Taiwan Taiwan Requires New Dairy Certificates Effective May 1, 2020

Thailand FAIRS Export Certificate Report

Thailand FAIRS Country Report

https://www.fas.usda.gov/data/china-china-announces-new-round-tariff-exclusions

https://www.fas.usda.gov/data/china-china-notifies-draft-maximum-residue-limits-pesticides-foods

https://www.fas.usda.gov/data/costa-rica-fairs-export-certificate-report-3

https://www.fas.usda.gov/data/brazil-fairs-export-certificate-report-2

https://www.fas.usda.gov/data/el-salvador-fairs-country-report-5

https://www.fas.usda.gov/data/eu-27-fairs-export-certificate-report

https://www.fas.usda.gov/data/ghana-exporter-guide-0

https://www.fas.usda.gov/data/greece-fairs-export-certificate-report-1

https://www.fas.usda.gov/data/guatemala-fairs-export-certificate-report-5

https://www.fas.usda.gov/data/guatemala-fairs-country-report-8

https://www.fas.usda.gov/data/hong-kong-fairs-country-report-4

https://www.fas.usda.gov/data/hong-kong-fairs-export-certificate-report-4

https://www.fas.usda.gov/data/india-fairs-country-report-5

https://www.fas.usda.gov/data/indonesia-fairs-country-report-4

https://www.fas.usda.gov/data/israel-fairs-export-certificate-report-0

https://www.fas.usda.gov/data/israel-fairs-country-report-4

https://www.fas.usda.gov/data/italy-fairs-export-certificate-report-4

https://www.fas.usda.gov/data/japan-usjta-treatment-frozen-and-dried-fruit

https://www.fas.usda.gov/data/japan-japan-notifies-wto-revised-sethoxydim-residue-standards

https://www.fas.usda.gov/data/japan-usjta-treatment-pulses

https://www.fas.usda.gov/data/japan-usjta-treatment-fruit-preparations

https://www.fas.usda.gov/data/japan-usjta-treatment-fruit-juice-and-jams

https://www.fas.usda.gov/data/japan-usjta-treatment-vegetable-preparations-and-juice

https://www.fas.usda.gov/data/japan-general-instructions-shipping-product-samples-japan

https://www.fas.usda.gov/data/japan-japan-notifies-wto-revised-pest-lists-and-relevant-phytosanitary-measures

https://www.fas.usda.gov/data/japan-japan-notifies-wto-revised-pest-lists-and-relevant-phytosanitary-measures

https://www.fas.usda.gov/data/kenya-fairs-country-report-3

https://www.fas.usda.gov/data/kenya-fairs-export-certificate-report-3

https://www.fas.usda.gov/data/mexico-mexico-approves-front-pack-warning-signs

https://www.fas.usda.gov/data/mexico-mexico-moves-forward-front-pack-warning-signs

https://www.fas.usda.gov/data/morocco-fairs-export-certificate-report-4

https://www.fas.usda.gov/data/mozambique-fairs-annual-country-report

https://www.fas.usda.gov/data/mozambique-fairs-export-certificate-report-0

https://www.fas.usda.gov/data/netherlands-fairs-export-certificate-report-3

https://www.fas.usda.gov/data/new-zealand-fairs-country-report-4

https://www.fas.usda.gov/data/new-zealand-fairs-export-certificate-report-3

https://www.fas.usda.gov/data/senegal-biosafety-law-2019-niger

https://www.fas.usda.gov/data/nigeria-fairs-country-report-1

https://www.fas.usda.gov/data/pakistan-fairs-country-report-5

https://www.fas.usda.gov/data/panama-fairs-export-certificate-report-2

https://www.fas.usda.gov/data/philippines-new-excise-tax-structure-alcohol-products

https://www.fas.usda.gov/data/poland-fairs-export-certificate-report-0

https://www.fas.usda.gov/data/poland-fairs-country-report-5

https://www.fas.usda.gov/data/russia-new-food-security-doctrine-adopted

https://www.fas.usda.gov/data/russia-draft-amendments-list-quarantine-products-notified-wto

https://www.fas.usda.gov/data/russia-draft-amendments-veterinary-requirements-notified-wto-1

https://www.fas.usda.gov/data/russia-draft-tbt-measure-fat-and-oil-products-notified-wto

https://www.fas.usda.gov/data/senegal-fairs-export-certificate-report-4

https://www.fas.usda.gov/data/senegal-fairs-country-report-4

https://www.fas.usda.gov/data/senegal-exporter-guide-4

https://www.fas.usda.gov/data/south-africa-fairs-country-report-4

https://www.fas.usda.gov/data/south-africa-fairs-export-certificate-report-3

https://www.fas.usda.gov/data/south-korea-2020-koreas-adjustment-and-quota-tariffs-schedule

https://www.fas.usda.gov/data/spain-fairs-country-report-4

https://www.fas.usda.gov/data/sri-lanka-food-color-coding-sugar-salt-fat-regulations-2019

https://www.fas.usda.gov/data/taiwan-taiwan-reaches-organic-equivalency-japan-and-australia

https://www.fas.usda.gov/data/taiwan-taiwan-requires-new-dairy-certificates-effective-may-1-2020

https://www.fas.usda.gov/data/thailand-fairs-export-certificate-report-5

https://www.fas.usda.gov/data/thailand-fairs-country-report-5

Baker McKenzie


8490545-v4\WASDMS

6

Member GAIN Report

Tunisia FAIRS Export Certificate Report

Tunisia FAIRS Country Report

Ukraine Ukraine Adopts New Labeling Requirements

Ukraine FAIRS Export Certificate Report

Ukraine FAIRS Country Report

Ukraine Updated Phytosanitary Regulations

Vietnam Vietnam Requires Certificate of Free Sale for Imported Feed Ingredients

THE AMERICAS - CENTRAL AMERICA

PANAMA

Official Gazette

The following documents of interest to international traders (other than food

safety standards) were published in the Gaceta Oficial – Digital (Official Gazette

– Digital) during the period of coverage:

Publication Date

Title

03-02-20

COMMERCE AND INDUSTRIES (CEI): Res. № 002 (29-01-20) through which a spe-cial agricultural safeguard is imposed under the Trade Promotion Agreement Between Panama and the United States of America on certain pork meat products.

04-02-20

CEI: Res. № 003 (31-01-20) through which the order of a research is ordered for the possible activation of the special mechanism of agricultural safeguards under the Trade Promotion Treaty between Panama and the United States of America on certain yogurt fractions.

05-02-20 NATIONAL CUSTOMS AUTHORITY (ANA): Adm. Res. № 043 (03-02-20) Designa-tion of Executive Judge in Charge and Judicial Secretary of the Executive Court of the ANA

13-02-20 ANA: Adm. Res. № 047 (06-02-20) Reorganizing the Customs Appeal Com-mission

THE AMERICAS - NORTH AMERICA

CANADA

Global Affairs opens consultation on potential WTO framework on investment facilitation for development

Global Affairs Canada published a notice in the Canada Gazette of February 29,

2020, regarding a public consultation on a WTO framework on investment facili-

tation for development. In November 2019, 98 WTO members, including Canada,

endorsed a new joint ministerial statement in Shanghai, committing to work to-

wards a concrete outcome regarding the framework on investment facilitation for

development at the 12th WTO Ministerial Conference in June 2020.

The discussions about investment facilitation for development are about creating a more investment-friendly business climate. The objective of the discussions is to make investment-related policies transparent, efficient, and predictable, thereby get-ting rid of unnecessary “red tape,” and making it easier for businesses to grow and to create good jobs. Another aim is to encourage more international cooperation to facili-tate investment, and help developing and least-developed countries attract interna-tional investments.

The WTO discussions to date have centred on the following four key areas:

https://www.fas.usda.gov/data/tunisia-fairs-export-certificate-report-1

https://www.fas.usda.gov/data/tunisia-fairs-country-report-5

https://www.fas.usda.gov/data/ukraine-ukraine-adopts-new-labeling-requirements

https://www.fas.usda.gov/data/ukraine-fairs-export-certificate-report-4

https://www.fas.usda.gov/data/ukraine-fairs-country-report-4

https://www.fas.usda.gov/data/ukraine-updated-phytosanitary-regulations

https://www.fas.usda.gov/data/vietnam-vietnam-requires-certificate-free-sale-imported-feed-ingredients

https://www.gacetaoficial.gob.pa/pdfTemp/28953_A/77074.pdf









https://www.gacetaoficial.gob.pa/pdfTemp/28955_B/77184.pdf



https://www.gacetaoficial.gob.pa/pdfTemp/28961/77344.pdf

https://www.gacetaoficial.gob.pa/pdfTemp/28961/77344.pdf

http://www.canadagazette.gc.ca/rp-pr/p1/2020/2020-02-29/pdf/g1-15409.pdf

https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=259087,258531&CurrentCatalogueIdIndex=0&FullTextHash=371857150&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True

Baker McKenzie


8490545-v4\WASDMS

7

Improving regulatory transparency and predictability, such as publishing in-vestment-related measures and establishing enquiry points;

Streamlining and speeding up administrative procedures, such as removing duplicative steps in approval processes and simplifying applications;

Enhancing international cooperation and addressing the needs of developing members, such as providing technical assistance and capacity building for developing countries and least-developed countries; and

Discussing other investment facilitation-related issues, such as implementing provisions to encourage responsible business conduct.

Interested parties are invited to submit their views on a potential WTO framework

on investment facilitation for development, including specific interests, priorities,

and potential sensitivities. The following are examples of areas where the Gov-

ernment of Canada would appreciate receiving views from Canadians:

Investment barriers, including any burdensome administrative procedures or lack of information that make it difficult to expand investments or cause uncertainty in operating a business;

Small and medium-sized enterprises (SMEs) [e.g. particular challenges faced by SMEs abroad, which could be addressed by the implementation of a WTO frame-work]; and

Any other investment-related topics of interest or potential concern to Canadians.

Contributions can be sent by email to IFconsultationFI@ international.gc.ca, or

by mail to the address in the Canada Gazette.

Global Affairs is conducting a comprehensive review of all of Can-ada’s TRQs for dairy, poultry and egg products

In May 2019, Global Affairs Canada launched an 18-month comprehensive re-

view of policies related to supply-managed TRQs for dairy, poultry and egg prod-

ucts. On February 22, 2020, the Canada Gazette published a notice from Global

Affairs Canada announcing that the second phase of consultations, launched on

February 14, 2020, gives stakeholders an opportunity to provide feedback on

TRQ allocation and administration policy options for supply-managed products.

The options presented for consideration are the result of the feedback received

from participants in the first phase of stakeholder engagement and discussions

with partner departments. The feedback received from this second phase of the

consultations will guide the creation of the final policies and inform the decision of

the Minister of Small Business, Export Promotion and International Trade. The

long-term allocation and administration policies for each TRQ will be published

on September 1, 2020. Global Affairs Canada (the department) has developed

new policy options for the second phase of these consultations.

The Government of Canada would like to hear from all stakeholders with an inter-

est in this matter, including:

the Canadian public;

provincial and territorial governments;

producers, processors, further processors, distributors, retailers, importers;

national and provincial industry associations;

small- and medium-sized business owners;

national, provincial, territorial and regional associations;


https://www.international.gc.ca/trade-commerce/consultations/TRQ-CT/instructions.aspx?lang=eng

Baker McKenzie


8490545-v4\WASDMS

8

international trading partners; and

any other interested stakeholders.

Participants are encouraged to review the background information including

the Summary Report on Public Consultations: Phase I. Stakeholders have until

11:59 pm Pacific Time on April 3, 2020, to submit their responses, comments

and suggestions to [email protected].

Global Affairs consulting on possible negotiations to modernize the Canada-Ukraine Free Trade Agreement

On February 15, 2020, the Canada Gazette published a notice indicating that

Global Affairs Canada is seeking input from Canadians on possible moderniza-

tion negotiations of the Canada-Ukraine Free Trade Agreement (CUFTA).

In July 2019, Prime Minister Justin Trudeau and Ukrainian President Volodymyr Zelensky announced a mutual commitment to expand and modernize CUFTA. A modernization of the Agreement provides an opportunity to increase the Agreement’s benefits for Canadians by further diversifying and expanding Canada’s preferential access to Ukraine, and advancing an inclusive approach to trade so that the benefits of trade are widely shared. A modernization of CUFTA would also help reinforce the rules-based international system and promote the development of global value chains, strengthening Canada’s connectivity to the region.

CUFTA contains a review clause (Article 19.2) that commits the Parties to review the Agreement within two years of its entry into force “with a view to examining the further development and deepening of its provisions, and to extending it to subject matters not covered [by the Agreement].” The review clause specifically identifies crossborder trade in services (CBTS), financial services, investment, telecommunications, and temporary entry, but does not restrict the Parties to exploring other potential areas.

Interested parties are invited to submit their views on a potential modernization of CUFTA, including specific interests, priorities, and potential sensitivities. The following are examples of areas where the Government of Canada would appreciate receiving views from Canadians:

Investment barriers

Interests related to trade in services

Temporary entry of business people from Canada into Ukraine and from Ukraine into Canada

Electronic commerce

Inclusive trade elements

Any other trade-related topics of interest or potential concern to Canadians

The deadline for submission is Monday, March 16, 2020. See the Canada Gazette for de-

tails.

Canada’s international agreements with the European Union post-Brexit

On February 1, 2020, the Canada Gazette published a notice from Global Affairs

Canada that states that agreements concluded by Canada with the European

Union, with Member States acting on behalf of the European Union, and with the

European Union and its Member States acting jointly shall continue to apply to

the United Kingdom for the duration of the transition period following its departure

from the European Union. If there is any change to this situation, further commu-

nications will be published through the Canada Gazette.

https://www.international.gc.ca/trade-commerce/consultations/TRQ-CT/dpe-lvo-background-information.aspx?lang=eng

https://www.international.gc.ca/trade-commerce/consultations/TRQ-CT/summary_report-rapport_sommaire.aspx?lang=eng




Baker McKenzie


8490545-v4\WASDMS

9

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

02-01-20 GLOBAL AFFAIRS CANADA: Canada’s international agreements with the Euro-pean Union post-Brexit (N).

02-15-20

FINANCE: Proposed Regulations Amending the Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Ter-rorist Financing Act, 2019 (PR)

GLOBAL AFFAIRS CANADA: Consulting Canadians on possible negotia-tions to modernize the Canada-Ukraine Free Trade Agreement (N)

02-19-20

AGRICULTURE: Regulations Amending the Agriculture and Agri-Food Adminis-trative Monetary Penalties Regulations (SOR/2020-14, January 28, 2020) (R)

TRANSPORT: Regulations Amending Certain Regulations Made Under the Mo-tor Vehicle Safety Act (National Safety Marks and Importation) (SOR/2020-22, February 4, 2020) (R)

TRANSPORT: Regulations Amending the Transportation of Dangerous Goods Regulations (Formatting Changes) (SOR/2020-23, February 4, 2020) (R)

FINANCE: Order Fixing January 31, 2020 or the Day on Which the United King-dom Ceases to be a Member State of the European Union, as the Day on Which Section 220 of the Budget Implementation Act, 2018, No. 1 Comes into Force (S/2020-13, February 19, 2020) (O)

02-22-20 GLOBAL AFFAIRS CANADA: Comprehensive review of the allocation and admin-istration of Canada’s tariff rate quotas for dairy, poultry and egg prod-ucts — Phase II (N) [see article above]

02-29-20 GLOBAL AFFAIRS CANADA: Consulting Canadians on a potential World Trade Or-ganization framework on investment facilitation for development (N) [see arti-cle above]

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

02-19-20 GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Ukraine) Regulations (SOR/2020-15, Jan. 29, 2020) (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 pub-

lishing ruling letters in their entirety, with the applicant’s consent, on the CBSA

Web site.

See separate section below for the advance rulings posted by the CBSA.

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

























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



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


Baker McKenzie


8490545-v4\WASDMS

10

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

02-10-20 CN 20-03

Clarifying Proof-of-Report Requirements for Exporters and Carri-ers

D20-1-1 (Revised) - Exporter reporting

02-14-20 CN 18-16 United States Surtax Remission Order

02-20-20 D5-1-1 (Revised) - International mail processing

02-21-20 CN 20-04 Notice Against Using the Single Window Initiative (SWI), Inte-grated Import Declaration (IID) to Obtain Release of Goods Im-ported Via the Postal Stream

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

MEXICO

Diario Oficial

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

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

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

is shown.)

Publication Date

Title

02-04-20

ECONOMY: Acuerdo announcing the replacement of Annex I and Annex II of the Agreement between the United Mexican States and the European Com-munity on the mutual recognition and protection of denominations in the spirits sector.

ECONOMY: Acuerdo that modifies the diverse one that establishes the classifi-cation and codification of merchandise whose import and export is subject to regulation by the dependencies that make up the Inter-Secretariat Commis-sion for the Control of the Process and Use of Pesticides, Fertilizers and Toxic Substances.

02-12-20 ECONOMY: Notice by which the maximum quota amount is disclosed as of De-cember 2019, to export sugar to the United States of America during the pe-riod between October 1, 2019 and September 30 , 2020

02-19-20 Decree that modifies the Tariff of the Law of General Import and Export Taxes

02-28-20

Promulgatory Decree of the Third Additional Protocol to the Agreement on Economic Partnership, Political Agreement and Cooperation between the United Mexican States, on the one hand, and the European Community and its Member States, on the other, to take into account the accession of the Re-public of Croatia to the European Union, made in Brussels, on the 27th of No-vember of 2018.




http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn20-03-eng.html

http://cbsa-asfc.gc.ca/publications/dm-md/d20/d20-1-1-eng.html

http://cbsa-asfc.gc.ca/publications/dm-md/d5/d5-1-1-eng.html

http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn20-04-eng.html

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

https://sidof.segob.gob.mx/notas/5585423



















Baker McKenzie


8490545-v4\WASDMS

11

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=HEAR-

ING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT

LISTED. IN ADDITION, IN CITATIONS WITHIN ARTICLES, THE ABBREVIATIONS FR (FOR FEDERAL REGISTER) AND CFR (FOR CODE OF FEDERAL REGULATIONS), THE GOVERNMENT’S PREFERRED ABBREVIATIONS, ARE

OFTEN USED INSTEAD OF FED. REG. OR C.F.R., THE BLUE BOOK’S PREFERRED STYLE. FURTHERMORE, STATUTE TITLES AND REGULATIONS ARE ITALICIZED.]

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

02-05-20

Proclamation 9983 of January 31, 2020 - Improving Enhanced Vetting Capabili-ties and Processes for Detecting Attempted Entry Into the United States by Ter-rorists or Other Public-Safety Threats

Proclamation 9984 of January 31, 2020 - Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures to Address This Risk

Executive Order 13904 of January 31, 2020 - Ensuring Safe and Lawful E-Commerce for United States Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders

Executive Order 13903 of January 31, 2020 – Combatting Human Trafficking and Online Child Exploitation in the United States

02-06-20 Presidential Determination 2020-05 of January 6, 2020 on Waiving a Re-striction on United States Assistance to Bolivia under Section 706 of the For-eign Relations Authorization Act, Fiscal Year 2003

02-13-20 Order of February 10, 2020 Sequestration Order for Fiscal Year 2021 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

02-14-20 Notice of February 13, 2020 - Continuation of the National Emergency With Re-spect to the Southern Border of the United States

02-18-20 Executive Order 13905 of February 12, 2020 Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services

02-20-20 Executive Order 13906 - Amending Executive Order 13803 – Reviving the Na-tional Space Council

02-24-20 Notice of February 20, 2020 - Continuation of the National Emergency With Re-spect to Libya

President issues Executive Order on ensuring lawful e-commerce, supply chains and IPR holders

On February 5, 2020, the Federal Register published Executive Order 13904 of

January 31, 2020 - Ensuring Safe and Lawful E-Commerce for United States

Consumers, Businesses, Government Supply Chains, and Intellectual Property

Rights Holders. The Executive Order (EO) states that e-commerce, including

transactions involving smaller express-carrier or international mail packages, is

being exploited by traffickers to introduce contraband into the United States, and

by foreign exporters and United States importers to avoid applicable customs du-

ties, taxes, and fees. The EO establishes a policy of protecting consumers, intel-

lectual property rights (IPR) holders, businesses, and workers from counterfeit

goods, narcotics (including synthetic opioids such as fentanyl), and other contra-

band now being introduced into the United States as a result of the recent growth

https://www.govinfo.gov/content/pkg/FR-2020-02-05/pdf/2020-02422.pdf





























Baker McKenzie


8490545-v4\WASDMS

12

in e-commerce as well as protecting the revenue of the United States from indi-

viduals and entities who evade customs duties, taxes, and fees.

The EO states that it is the policy of the US:

to refer to US Customs and Border Protection (CBP) any person who knowingly, or with gross negligence, imports, or facilitates the importation of, merchandise into the United States in material violation of Federal law evidences conduct of so serious and compelling a nature for a determination whether such conduct af-fects that person’s present responsibility to participate in transactions with the Federal Government;

to consider all appropriate actions that it can take to ensure that persons that CBP suspends or debars are excluded from participating in the importation of merchandise into the United States;

that express consignment operators, carriers, hub facilities, international posts, customs brokers, and other entities, including e-commerce platform operators, should not facilitate importation involving persons who are suspended or de-barred by CBP;

that parcels containing contraband be kept outside of the United States to the

greatest extent possible and that all parties who participate in the introduction or

attempted introduction of such parcels into the United States be held accountable

under the laws of the United States;

The EO requires the Secretary of Homeland Security (the Secretary)

to issue a notice of proposed rulemaking to establish criteria importers must meet in order to obtain an importer of record number, which shall provide that any per-son debarred or suspended by CBP for lack of present responsibility for reasons related to importation or trade shall be ineligible to obtain an importer of record number for the duration of such person’s suspension or debarment by CBP;

through the Commissioner of CBP, to take steps to ensure that, within 60 days of the publication in the System for Award Management by CBP of the name of any debarred or suspended person, express consignment operators, carriers, hub fa-cilities, and licensed customs brokers notify CBP of any attempt, of which they know or have reason to believe, by any persons who may not obtain an importer of record number based on any criteria established by the Secretary, to re-estab-lish business activity requiring an importer of record number through a different name or address associated with the debarred or suspended person;.

through the Commissioner of CBP, to consider appropriate measures, consistent with applicable law, to ensure that express consignment operators, carriers, hub facilities, and licensed customs brokers cease to facilitate business activity that requires an importer of record number by any person who may not obtain an im-porter of record number, as provided by any criteria established by the Secretary. Depending on the criteria established, such consideration shall include whether CBP may take any of the following measures: limiting an express consignment operator’s, carrier’s, or hub facility’s participation in any CBP trusted trader pro-grams; taking appropriate action with regard to an express consignment opera-tor’s, carrier’s, or hub facility’s operating privileges; or suspending or revoking a customs broker’s license.

The EO also addresses the use of the international postal network, by requesting

the US Postal Service (USPS) to make the policy set forth in the EO known to

the international postal network and to make all reasonable efforts to include pro-

visions regarding any criteria for participating in the importer of record program

established under the EO in any new contractual instruments it executes with in-

ternational posts. In addition, the EO requires the Secretary (through CBP) in

consultation with the United States Trade Representative, to develop an Interna-

tional Mail Non-Compliance metric and require quarterly reports, then prioritize

targeted inspection of imports into the United States from any international post

Baker McKenzie


8490545-v4\WASDMS

13

that for two or more consecutive quarters is deemed a non-compliant interna-

tional post. If permitted by law, the responses to continued listing increases with

6 and 8 quarters may include requiring additional information, up to preventing

the importation into the United States of shipments dispatched from such posts,

regardless of whether additional information required by CBP is provided.

On a periodic basis, and consistent with Federal law and executive branch policy

reflecting non-disclosure of sensitive information, the Secretary, through the

Commissioner of CBP and the Director of United States Immigration and Cus-

toms Enforcement (ICE), shall publish information about seizures arising in the

international mail and express consignment environments that involve intellectual

property rights violations, illegal drugs and other contraband, incorrect country of

origin, under-valuation, or other violations of law of particular concern. In deter-

mining which information to publish, the Secretary shall give greatest considera-

tion to repeat offenses affecting priority trade issues as defined in 19 U.S.C.

4322. The Attorney General is also required to assign appropriate resources to

ensure that Federal prosecutors accord a high priority to prosecuting offenses re-

lated to import violations as described in the EO.

Finally, with 210 days of the date of the EO, he Secretary in coordination with the

heads of other appropriate executive departments and agencies, is required to

submit a report to the President on whether the fees collected by CBP are cur-

rently set at a sufficient level to reimburse the Federal Government’s costs asso-

ciated with processing, inspecting, and collecting duties, taxes, and fees for par-

cels and providing recommendations regarding fee adjustments.

FOR COMMERCE SECTION 232 AND USTR SEC. 301 TARIFF AND EXCLUSION INFOR-

MATION AND CBP GUIDANCE ON BOTH, PLEASE SEE THE NEW SECTION BELOW.

USTR issues report on WTO Appellate Body

On February 11, 2020, the US Trade Representative announced that it is issuing

a Report on the Appellate Body of the World Trade Organization. USTR states

that this Report is the first comprehensive study of the Appellate Body’s record

and it provides an in-depth assessment of the “Appellate Body’s failure to comply

with WTO rules and interpret WTO agreements as written.”

As detailed in this Report, the Appellate Body has strayed far from the limited role that WTO Members assigned to it. Through persistent overreaching, the Appellate Body has increased its own power, at the expense of the authority of the United States and other WTO Members.

The Report demonstrates the Appellate Body’s persistent failure to follow basic WTO rules and highlights several examples of how the Appellate Body has altered WTO Members’ rights and obligations through erroneous interpretations of WTO agree-ments. These actions have harmed the United States and its citizens, workers and businesses and have undermined the effectiveness of the WTO dispute settlement system.

USTR designates developing and least-developed countries under CVD law

See ANTIDUMPING AND SUBSIDIES, below

https://ustr.gov/sites/default/files/Report_on_the_Appellate_Body_of_the_World_Trade_Organization.pdf

Baker McKenzie


8490545-v4\WASDMS

14

USTR reallocates unused 2020 TRQ for raw cane sugar

On February 7, 2020, the US Trade Representative (USTR) published in the

Federal Register a document announcing the country-by-country reallocations of

78,071 MTRV of the fiscal year (FY) 2020 in-quota quantity of the World Trade

Organization (WTO) tariff-rate quota (TRQ) for imported raw cane sugar from

those countries that stated they do not plan to fill their FY 2020 allocated raw

cane sugar quantities. See the notice for country-by-country reallocations.

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 Requested by:

Inv. 332-574 Renewable Electricity: Potential Economic Effects of In-creased Commitments in Massachusetts (I/RFC)

House Ways and Means

Inv. TA-201-075 (Monitoring) Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Moni-toring Developments in the Domestic Industry (USITC Pub. 5021) (R)

Statutory

SECTIONS 232 AND 301 TARIFF INFORMATION AND PRODUCT EXCLU-

SIONS

[In order to simplify research, Secs. 232 and 301 tariff notices and CBP imple-mentation instructions will now be covered in the same section of this Update]

Federal Circuit upholds Administration’s use of Sec. 232

On February 28, 2020, the US Court of Appeals for the Federal Circuit (CAFC)

upheld the Administration’s application of Section 232 of the Trade Expansion

Act, which was used to impose 25% duties on steel products and 10% duties on

aluminum products. The American Institute for International Steel (AIIS) had ar-

gued that Section 232 unlawfully delegated congressional authority to the Presi-

dent with no limitations. However, the CAFC unanimously held that the US Su-

preme Court had already found Section 232 constitutional with its 1976 ruling

in Federal Energy Administration v. Algonquin SNG, Inc., 426 U.S. 548, 552

(1976) . (American Institute for International Steel, Inc., et. al v. United States et

al, Case No. 19-1727 (Fed. Cir., Feb. 28, 2020) Nonprecedential.

USTR announces additional exclusion to List 2 of the China Sec. 301


Federal Register a notice that announces the USTR’s determination to grant an

additional exclusion request from the $16 Bn action (List or Tranche 2) against

Chinese products under Sec. 301., as specified in a specially prepared product

description, found in Paragraph A of the Annex to the notice, and to make a tech-

nical amendment to a previously granted exclusion. As with prior List 2 exclusion

notices, the product exclusion will apply as of the August 23, 2018 effective date

of the $16 billion action, and will extend through October 1, 2020. The technical

amendment announced in this notice applies to the time period established for

the original exclusion, that is, retroactive to the original date of October 2, 2019,




https://www.usitc.gov/publications/other/pub5021.pdf




https://supreme.justia.com/cases/federal/us/426/548/

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1727.Opinion.2-28-2020_1542185.pdf

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1727.Opinion.2-28-2020_1542185.pdf


Baker McKenzie


8490545-v4\WASDMS

15

and ending on October 1, 2020 at 11:59 p.m. EDT. U.S. Customs and Border

Protection will issue instructions on entry guidance and implementation.

In accordance with the notice announcing the exclusion procedure, an exclusion

is available for any product that meets the description in the Annex, regardless of

whether the importer filed an exclusion request. Further, the scope of the exclu-

sion is governed by the scope of the 10-digit HTSUS subheading and product de-

scription in the Annex to this notice, and not by the product description set out in

any particular request for exclusion.

Subparagraph B of the Annex makes a technical amendment to U.S. note

20(y)(2) to subchapter III of chapter 99 of the HTSUS, as set out in the annex of

the notice published at 84 FR 52553 (October 2, 2019). In particular, the amend-

ment in Subparagraph B converts an exclusion of a specially prepared product

description to an exclusion of a 10-digit HTSUS subheading.

USTR grants additional product exclusions from List 3 of the China Sec. 301


Federal Register a notice that announces the USTR’s determination to grant cer-

tain exclusion requests from the $200 Bn action (List or Tranche 3) against Chi-

nese products under Sec. 301., as specified in the Annex to the notice, and

makes amendments to certain notes in the Harmonized Tariff Schedule of the

United States (HTSUS). As with prior List 3 exclusion notices, the product exclu-

sions announced in the notice will apply as of September 24, 2018, the effective

date of the $200 billion action, to August 7, 2020. The amendments announced

in the notice are retroactive to the date the original exclusions were published. As

set forth in the Annex, the exclusions are reflected in one 10-digit HTSUS sub-

heading, which covers 6 requests, and 46 specially prepared product descrip-

tions, which cover 61 exclusion requests.

In accordance with the June 24 Federal Register notice (84 FR 29576), the ex-

clusions are available for any product that meets the description in the Annex, re-

gardless of whether the importer filed an exclusion request. Further, the scope of

each exclusion is governed by the scope of the product descriptions in the An-

nex, and not by the product descriptions found in any particular request for exclu-

sion.

Annex Subparagraph A(1) inserts a new heading 9903.88.40 into the HTSUS.

Annex Subparagraph A(2) inserts a new US note 20(ss) to subchapter III of chapter 99 in numerical sequence and lists the granted exclusions.

Paragraph A, subparagraphs (3)-(7) of the Annex contain conforming amend-ments to the HTSUS reflecting the modifications made by the Annex.

Paragraph B of the Annex contains amendments reflecting technical corrections to the specially prepared product descriptions in certain notes to the HTSUS, specifically U.S. note 20(ll)(68), published at 84 FR 57803 (October 28, 2019), U.S. note 20(mm)(6), published at 84 FR 61674 (November 13, 2019), and U.S. note 20(nn)(30), published at 84 FR 65882 (November 29, 2019).

US Customs and Border Protection will issue instructions on entry guidance and

implementation. USTR will continue to issue determinations on pending requests

on a periodic basis. The Office of the USTR regularly updates the status of each

pending request on the USTR Exclusions Portal at https://exclu-

sions.ustr.gov/s/docket?docketNumber=USTR-2019-0005.


https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0005

https://exclusions.ustr.gov/s/docket?docketNumber=USTR-2019-0005

Baker McKenzie


8490545-v4\WASDMS

16

USTR revises tariffs in the $7.5 billion award implementation against EU in Airbus case

On February 21, 2020, the Office of the US Trade Representative (USTR) pub-

lished in the Federal Register a notice [Docket No. USTR-2019-0003] making ad-

justments to its WTO-authorized retaliation action relating to the Large Civil Air-

craft case, which was implemented on October 18, 2019. The United States is in-

creasing the additional duty rate imposed on aircraft imported from the EU to

15% from 10%, effective March 18, 2020, and making certain other minor modifi-

cations, effective March 5, 2020. This action had been announced by USTR on

February 14, 2020 and an advance copy of the Federal Register notice made

available at that time.

On December 12, 2019, USTR announced a review of the Section 301 action

and requested public comments (see 84 Fed. Reg. 67992, December 12, 2019).

Based on this review, the USTR has determined to increase the duties on certain

large civil aircraft from 10 to percent to 15 percent, and to change the composi-

tion of the list of products subject to additional duties of 25 percent. As of this

time, USTR has decided not to increase the rate of additional duties above the

additional 25 percent currently being applied to non-aircraft products. The USTR

has also determined that going forward, the action may be revised as appropriate

immediately upon any EU imposition of additional duties on US products in con-

nection with the Large Civil Aircraft dispute or with the EU’s WTO challenge to

the alleged subsidization of US large civil aircraft.

The modifications set out in Annex 1, subparagraphs A and B, are applicable

with respect to products that are entered for consumption, or withdrawn from

warehouse for consumption, on or after 12:01 a.m. EST on March 5, 2020. The

modifications to the Section 301 action set out in Annex 1, subparagraph C, are

applicable with respect to products that are entered for consumption, or with-

drawn from warehouse for consumption, on or after 12:01 a.m. EST on March

18, 2020.

In order to implement this determination, effective March 5, 2020, subchapter III

of chapter 99 of the HTSUS is modified by subparagraphs A and B of Annex 1 to

the notice. Effective March 18, 2020, subchapter III of chapter 99 of the HTSUS

is modified by subparagraph C of Annex 1 to the notice. The additional duties

provided for in the HTSUS subheadings established by Annex 1 apply in addition

to all other applicable duties, fees, exactions, and charges.

March 5, 2020:

US note 21(a) is modified by replacing 9903.89.50 with 9903.89.52;

US note 21(g) to subchapter III of chapter 99 is modified by deleting “2009.89.40” [prune juice];

US note 21 (q) is added to cover all products of France or Germany that are clas-sified in subheading 8214.90.60 [Butchers’ or kitchen chopping or mincing knives (other than cleavers with their handles)]

March 18, 2020:

9903.89.05 is modified by deleting “10%” and inserting “15%” in lieu thereof for products of France, Germany, Spain or the United Kingdom;

Any product listed in Annex 1 to the notice, except any product that is eligible for

admission under ‘domestic status’ as defined in 19 C.F.R. 146.43, which is sub-

ject to the additional duty imposed by this determination, and is admitted into a

US foreign trade zone on or after 12:01 a.m. eastern daylight time on March 5,


https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/february/ustr-revises-75-billion-award-implementation-against-eu-airbus-case

Baker McKenzie


8490545-v4\WASDMS

17

2020, for products listed in subparagraphs A and B (or March 18 for products

listed in subparagraph C), only may be admitted as ‘privileged foreign status’ as

defined in 19 C.F.R. 146.41. Such products will be subject upon entry for con-

sumption to any ad valorem rates of duty or quantitative limitations related to the

classification under the applicable HTSUS subheading.

The notice states that the United States remains open to a negotiated settlement

that addresses current and future subsidies to Airbus provided by the EU and

certain current and former member States.

USTR grants additional exclusions for Chinese goods on Sec. 301 List 1


Federal Register a notice announcing USTR’s determination to grant additional

exclusions to the $34 billion Sec. 301 action (25% additional duties), as specified

in the Annex to the notice, and making amendments to certain notes in the Har-

monized Tariff Schedule of the United States (HTSUS). The USTR will continue

to issue exclusion decisions as necessary.

The product exclusions will apply as of the July 6, 2018 effective date of the $34

billion action, and will extend to October 1, 2020 at 11:59 p.m. EDT. The amend-

ments announced in the notice are retroactive to the date the original exclusions

were published and do not further extend the period for the original exclusions.

Exclusions from the duties have been established in two different formats: (1) as

an exclusion for an existing 10-digit subheading from within an 8-digit subhead-

ing covered by the $34 billion action, or (2) as an exclusion reflected in specially

prepared product descriptions. The exclusions announced in this notice take the

form of four specially prepared product descriptions. Exclusions are available for

any products that meet the descriptions in the Annex, regardless of whether the

importer filed an exclusion request. Furthermore, the scope of the exclusions are

governed by the scope of the 10-digit HTSUS subheadings and product descrip-

tions in the Annex, and not by the product descriptions set out in any particular

request for exclusion.

The Annex also makes technical amendments to certain notes in the HTSUS.

Subparagraphs B(1–26) clarify periodic revisions in US notes 20(i)(6–7),

20(m)(16–18), 20(m)(27), 20(n)(13–27), 20(n)(30), 20(q)(19–21), and 20(x)(20)

to subchapter III of chapter 99 of the HTSUS, as set out in the Annexes of the

notices published at 84 Fed. Reg. 11153 (March 25, 2019), 84 Fed. Reg. 25895

(June 4, 2019), 84 Fed. Reg. 32821 (July 9, 2019), 84 Fed. Reg. 49564 (Septem-

ber 20, 2019), and 84 Fed. Reg. 52567 (October 2, 2019).

In order to correct typographical or other ministerial errors, subparagraphs B(27–

29) of the Annex make amendments to US notes 20(n)(86), 20(q)(102), and

20(q)(170) to subchapter III of chapter 99 of the HTSUS, as set out in the An-

nexes of the notices published at 84 Fed. Reg. 32821 (July 9, 2019) and 84 Fed.

Reg. 49564 (September 20, 2019).

Customs and Border Protection will issue instructions on entry guidance and im-

plementation.


Baker McKenzie


8490545-v4\WASDMS

18

USTR grants product exclusions from List 3 of the China Sec. 301


Federal Register a notice of product exclusions from the $200 Bn action (List or

Tranche 3) against Chinese products under Sec. 301. The USTR initiated a prod-

uct exclusion process in June 2019, and interested persons have submitted re-

quests for the exclusion of specific products. The notice announces the USTR’s

determination to grant certain exclusion requests, as specified in the Annex, and

corrects technical errors in previously announced exclusions. The product exclu-

sions announced in this notice will apply as of September 24, 2018, the effective

date of the $200 billion action, to August 7, 2020. The amendments announced

in this notice are retroactive to the date the original exclusions were published.

As set forth in the Annex to the notice, the exclusions are reflected in 2 10-digit

HTSUS subheadings, which cover 52 requests, and 117 specially prepared prod-

uct descriptions, which cover 156 separate exclusion requests. the exclusions

are available for any product that meets the description in the Annex, regardless

of whether the importer filed an exclusion request. Further, the scope of each ex-

clusion is governed by the scope of the product descriptions in the Annex, and

not by the product descriptions found in any particular request for exclusion.

Annex Subparagraph A(1) inserts a new heading 9903.88.38 into the HTSUS.

Annex Subparagraph A(2) inserts a new US note 20(qq) to subchapter III of chapter 99 in numerical sequence and lists the granted exclusions.

Subparagraphs A(3-7) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex.

Paragraph B of the Annex contains amendments reflecting technical corrections to the specially prepared product descriptions in certain notes to the HTSUS, specifically US note 20(ll)(26), published at 84 Fed. Reg. 57803 (October 29, 2019), and US note 20(nn)(20), published at 84 Fed. Reg. 61674 (November 13, 2019).

U.S. Customs and Border Protection (CBP) will issue instructions on entry guid-ance and implementation.

USTR seeks comments on extension of certain product exclusions granted under the April 2019 product exclusion notice in the $34 Bn. Action


Federal Register a notice [Docket Number USTR-2020-0002] requesting com-

ments on whether to extend particular exclusions granted in the $34 billion Action

against certain products originating in China. Effective July 6, 2018, the USTR

imposed additional duties on goods of China with an annual trade value of ap-

proximately $34 billion as part of the action in the Section 301 investigation of

China’s acts, policies, and practices related to technology transfer, intellectual

property, and innovation. USTR initiated the exclusion process in July 2018 and

has granted multiple sets of exclusions. This notice pertains to the third set of ex-

clusions granted in April 2019, and scheduled to expire on April 18, 2020.

On February 16, 2020 at 12:01 am (ET), the docket will open for submitting com-

ments on the possible extension of particular exclusions. To be assured of con-

sideration, submit written comments by March 16, 2020 by 11:59 pm (ET).



Baker McKenzie


8490545-v4\WASDMS

19

CBP GUIDANCE

CBP issues guidance on Tranche 3 eighth round of product exclu-sions

On February 28, 2020, CBP issued CSMS #41834749 - Guidance: Section 301

$200B 8th Round of Product Exclusions, providing guidance for the goods cov-

ered by the USTR notice of February 05, 2020 (85 FR 6674).

These product exclusions relate to the imposed additional duties announced in

83 FR 47974 on Chinese goods with an annual trade value of approximately

$200 billion. The product exclusions announced in this notice retroactively apply

as of the September 24, 2018 effective date of the $200 billion action (Tranche

3), and will extend through August 7, 2020.

AS with previous exclusions, the exclusions are available for any product that

meets the description as set out in Annex A to Federal Register Notice 85 FR

6674, regardless of whether the importer filed an exclusion request. Further, the

scope of each exclusion is governed by the scope of the Harmonized Tariff

Schedule of the United States (HTSUS) 10-digit headings and product descrip-

tions in the Annex; not by the product descriptions set out in any particular re-

quest for exclusion.

CBP issues guidance on Tranche 3 seventh round of product exclu-sions from China

On February 18, 2020, CBP issued CSMS #41702837 - Guidance: Section 301

$200B - Tranche 3 Seventh Round of Product Exclusions from China, repro-

duced below:

On January 6, 2020, the U.S. Trade Representative (USTR) published Federal Regis-ter (FR) Notice 85 FR 549 announcing the decision to grant the seventh round of cer-tain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action - Tranche 3).

These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion. The product exclusions announced in this notice retroactively apply as of the Septem-ber 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.

The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 85 FR 549, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit head-ings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion. For ease of reference, a link to the entire Federal Register Notice is embedded in this message.

The functionality for the acceptance of the seventh round of products excluded from Section 301 duties is available in the Automated Commercial Environment (ACE) as of January 14, 2020.

GUIDANCE

Instructions for importers, brokers and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 85 FR 549 are as follow:

In addition to reporting the regular Chapters 34, 40, 42, 44, 54, 55, 56, 58, 73, 76, 79, 82, 84, 85, 87, 90 and 94 classifications of the HTSUS for the im-ported merchandise, importers shall report the HTSUS classification





https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNTExNjEiLCJ1cmwiOiJodHRwczovL3d3dy5mZWRlcmFscmVnaXN0ZXIuZ292L2RvY3VtZW50cy8yMDIwLzAxLzA2LzIwMTktMjg1MDYvbm90aWNlLW9mLXByb2R1Y3QtZXhjbHVzaW9ucy1jaGluYXMtYWN0cy1wb2xpY2llcy1hbmQtcHJhY3RpY2VzLXJlbGF0ZWQtdG8tdGVjaG5vbG9neS10cmFuc2ZlciJ9.3eYxrl0XabHQFAnuxTf0gYpTbJyrZrPABnYNQoBndl4/br/75122298115-l__;!!Hj9Y_P0nvg!GAw0XXfxUEBek7S4ATsUbPi6sUAS8xlKdzTQYnU9btln0mBJHrxrQ5D-m5X30rFalOeL_g$

https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNTExNjEiLCJ1cmwiOiJodHRwczovL3d3dy5mZWRlcmFscmVnaXN0ZXIuZ292L2RvY3VtZW50cy8yMDE4LzA5LzIxLzIwMTgtMjA2MTAvbm90aWNlLW9mLW1vZGlmaWNhdGlvbi1vZi1zZWN0aW9uLTMwMS1hY3Rpb24tY2hpbmFzLWFjdHMtcG9saWNpZXMtYW5kLXByYWN0aWNlcy1yZWxhdGVkLXRvIn0.b0cGXLxUApBuF_FgT07sXqwuGGIvdjOJ9k_Ai0wuYTY/br/75122298115-l__;!!Hj9Y_P0nvg!GAw0XXfxUEBek7S4ATsUbPi6sUAS8xlKdzTQYnU9btln0mBJHrxrQ5D-m5X30rGgCdOk-g$

https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNTExNjEiLCJ1cmwiOiJodHRwczovL3d3dy5mZWRlcmFscmVnaXN0ZXIuZ292L2RvY3VtZW50cy8yMDE4LzA5LzIxLzIwMTgtMjA2MTAvbm90aWNlLW9mLW1vZGlmaWNhdGlvbi1vZi1zZWN0aW9uLTMwMS1hY3Rpb24tY2hpbmFzLWFjdHMtcG9saWNpZXMtYW5kLXByYWN0aWNlcy1yZWxhdGVkLXRvIn0.b0cGXLxUApBuF_FgT07sXqwuGGIvdjOJ9k_Ai0wuYTY/br/75122298115-l__;!!Hj9Y_P0nvg!GAw0XXfxUEBek7S4ATsUbPi6sUAS8xlKdzTQYnU9btln0mBJHrxrQ5D-m5X30rGgCdOk-g$

https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNTExNjEiLCJ1cmwiOiJodHRwczovL3d3dy5mZWRlcmFscmVnaXN0ZXIuZ292L2RvY3VtZW50cy8yMDIwLzAxLzA2LzIwMTktMjg1MDYvbm90aWNlLW9mLXByb2R1Y3QtZXhjbHVzaW9ucy1jaGluYXMtYWN0cy1wb2xpY2llcy1hbmQtcHJhY3RpY2VzLXJlbGF0ZWQtdG8tdGVjaG5vbG9neS10cmFuc2ZlciJ9.jvl97e7bqUGlBq80HJ6M6BdVOca4sinGsiwvjpChhBc/br/75122298115-l__;!!Hj9Y_P0nvg!GAw0XXfxUEBek7S4ATsUbPi6sUAS8xlKdzTQYnU9btln0mBJHrxrQ5D-m5X30rGDRRAikA$

https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDMsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNTExNjEiLCJ1cmwiOiJodHRwczovL3d3dy5mZWRlcmFscmVnaXN0ZXIuZ292L2RvY3VtZW50cy8yMDIwLzAxLzA2LzIwMTktMjg1MDYvbm90aWNlLW9mLXByb2R1Y3QtZXhjbHVzaW9ucy1jaGluYXMtYWN0cy1wb2xpY2llcy1hbmQtcHJhY3RpY2VzLXJlbGF0ZWQtdG8tdGVjaG5vbG9neS10cmFuc2ZlciJ9.nNx4vizPCwvCS9oJZDqAUI-QUWg4kpphSdarqqC40I4/br/75122298115-l__;!!Hj9Y_P0nvg!GAw0XXfxUEBek7S4ATsUbPi6sUAS8xlKdzTQYnU9btln0mBJHrxrQ5D-m5X30rEcroVycQ$

Baker McKenzie


8490545-v4\WASDMS

20

9903.88.37 (Articles the product of China, as provided for in U.S. note 20(pp) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.

Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.37 is submitted.

ADDITIONAL INFORMATION

Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, 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, refer to CSMS #39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are Required).

Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.

CBP issues guidance re: decrease in Sec. 301 duties for List 4A

On February 4, 2020, US Customs and Border Protection (CBP) issued CSMS

#41538917 - GUIDANCE: Decrease in Section 301 Duties on Certain Products of

China; $300B-Action -Tranche 4A which states:

On August 20, 2019, the United States Trade Representative (USTR) published a Modification of Section 301 Action in 84 FR 43304 introducing another imposition of additional tariffs on products of China with an annual trade value of approximately $300 billion which is referred to as Tranche 4. The tariff subheadings subject to addi-tional duties under Tranche 4 are separated into two lists with different effective dates – List 1, Trance 4A, covered by Annexes A and B, became effective September 1, 2019. The tariff subheadings subject to additional duties under list two (Tranche 4B) are addressed in Annexes C and D.

On January 22, 2020, USTR published in the Federal Register (85 FR 3714) the de-termination to modify the action being taken in the Section 301 Investigation for the additional duty rate to decrease from 15 percent to 7.5 percent for the products of China covered by the $300 billion tariff action Tranche 4/Annex A. Additionally, the assessment of additional duties on products of Annex C of the $300 billion section 301 trade remedy are suspended indefinitely per 84 FR 69447 (December 18, 2019).

GUIDANCE: Products Covered by Tranche 4, Annex A (Described in Annex B) – duty decrease from 15 percent ad valorem to 7.5 percent, effective February 14, 2020

Per 85 FR 3714, the decrease in import duties for Chinese goods covered by the Tranche 4, Annex A list of products subject to the Section 301 action are effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 AM eastern daylight [sic] time on February 14, 2020.

Any article classified in a subheading covered by Annex A that is a product of China and that is entered, or withdrawn from warehouse for consumption, on or after February 14, 2020 is subject to the decreased Section 301 ad valorem duty rate of 7.5 percent, in addition to the general (Column 1) rate of duty for the imported merchandise. Therefore, in addition to any regular chapter reporting requirements, the following HTS number and duty rate must be reported:

HTS Duty Rate 9903.88.15 7.5 percent

https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDQsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNTExNjEiLCJ1cmwiOiJodHRwczovL2NvbnRlbnQuZ292ZGVsaXZlcnkuY29tL2J1bGxldGlucy9nZC9VU0RIU0NCUC0yNWMxMDEyP3dndF9yZWY9VVNESFNDQlBfV0lER0VUXzIifQ.iVfbW_CGuWQH9HduoObng-lFWJ1sC7ezr3ahY96lv4Q/br/75122298115-l__;!!Hj9Y_P0nvg!GAw0XXfxUEBek7S4ATsUbPi6sUAS8xlKdzTQYnU9btln0mBJHrxrQ5D-m5X30rHhh_Jd1w$

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279d565?wgt_ref=USDHSCBP_WIDGET_2?utm_source=csms.cbp.gov&utm_medium=csms.cbp.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117



https://www.federalregister.gov/documents/2019/08/20/2019-17865/notice-of-modification-of-section-301-action-chinas-acts-policies-and-practices-related-to



Baker McKenzie


8490545-v4\WASDMS

21

Merchandise covered by Tranche 4A/Annex A that was admitted to a foreign trade zone under Privileged Foreign status will be subject to tariff classifica-tion at the rate of duty and tax in force on the date of filing the application for privileged foreign status. See 19 CFR 146.65(a)(1).

Immediate delivery procedures are not applicable.

For more information related to the decrease in duties imposed on the tariff subhead-ings for the products of China covered by the $300 billion tariff action Tranche 4, An-nex A, refer to 85 FR 3714, issued January 22, 2020.

For questions on this and other trade remedy issues, please see Cargo Systems Messaging Service (CSMS) #40969690 - Information on Trade Remedy Questions and Resources.

THE CHART BELOW SHOWS FEDERAL REGISTER NOTICES AND CSMS MESSAGES RE-

LATED TO SEC. 301 EXCLUSIONS

SUMMARY OF SECTION 301 DUTIES ON PRODUCTS OF CHINA - Product Exclusions Granted

Round Tranche Federal Regis-

ter Notice Publication

Date Effective

Date* HTS CSMS

1st

Tranche 1 - $34B

Exclusion submissions

due

10/9/2018

83 FR 67463 12/28/2018 7/6/2018

-12/28/2019 9903.88.05 19-000052

84 FR 70616 12/23/2019 12/28/2019

-12/28/2020

Extensions

granted

2nd 84 FR 11152 3/25/2019 7/6/2018

-3/25/2020 9903.88.06 19-000155

3rd 84 FR 16310 4/18/2019 7/6/2018

-4/18/2020 9903.88.07 19-000212

4th 84 FR 21389 5/14/2019 7/6/2018

-5/14/2020 9903.88.08 19-000244

5th 84 FR 25895 6/4/2019 7/6/2018

-6/4/2019 9903.88.10 19-000332

6th 84 FR 32821 7/9/2019 7/6/2018

-7/9/2020 9903.88.11 38840764

7th 84 FR 49564 9/20/2019 7/6/2018

-9/20/2020 9903.88.14 40002982

8th 84 FR 52567 10/2/2019 7/6/2018

-10/2/2020 9903.88.19 40330403

9th 84 FR 69016 12/17/2019 7/6/2018

-10/1/2020**

Amendments & corrections

1st

Tranche 2 - $16B


due

12/18/2018

84 FR 37381 7/31/2019 8/23/2018

-7/31/2020 9903.88.12 39169565

2nd 84 FR 49600 9/20/2019 8/23/2018

-9/20/2020 9903.88.17 40001360

3rd 84 FR 52553 10/2/2019 8/23/2018

-10/2/2020 9903.88.20 40208881

4th 84 FR 69011 12/17/2019 8/23/2018

to **

Amendments & corrections

5th 85 FR 10808 2/25/20

8/23/2018

-10/1/2020

10/2/2019-10/1/2020

Amendment

1st Tranche 3 - $200B

84 FR 38717 8/7/2019 9/24/2018- 8/7/2020

9903.88.13 39268267


https://www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/2018-28277.pdf#page=1

https://lnks.gd/2/9JRPvH



https://lnks.gd/2/9p52RX


https://lnks.gd/2/-3W_vM


https://lnks.gd/2/-BrZbp

https://www.govinfo.gov/content/pkg/FR-2019-06-04/pdf/2019-11573.pdf#page=1

https://lnks.gd/2/-bpX_R


https://lnks.gd/2/-m789z


https://content.govdelivery.com/bulletins/gd/USDHSCBP-26265a6?wgt_ref=USDHSCBP_WIDGET_2


https://lnks.gd/2/_hmMh2



https://lnks.gd/2/-w_mbd


https://content.govdelivery.com/bulletins/gd/USDHSCBP-2625f50?wgt_ref=USDHSCBP_WIDGET_2


https://lnks.gd/2/_ZP39w




https://lnks.gd/2/-xvwLR

Baker McKenzie


8490545-v4\WASDMS

22

2nd


due

9/30/2019

84 FR 49591 9/20/2019 9/24/2018

-8/7/2020 9903.88.18 40003027

3rd 84 FR 57803 10/28/2019 9/24/2018

-8/7/2020 9903.88.33 40564257

4th 84 FR 61674 11/13/2019 9/24/2018

-8/7/2020 9903.88.34 40710742

5th 84 FR 65882 11/29/2019 9/24/2018

-8/7/2020 9903.88.35 40901928

6th 84 FR 69012 12/17/19 9/24/2018

-8/7/2020 9903.88.36 41052773

7th 85 FR 549 1/6/2020 9/24/2018

-8/7/2020 9903.88.37 41702837

8th 85 FR 6674 2/5/2020 9/24/2018

-8/7/2020 9903.88.38 41834749

9th 85 FR 9921 2/20/2020 9/24/2018

-8/7/2020 9903.88.40

*/ Tranche 1 exclusions are retroactive to 7/6/2018 and expire 1 year after publication Tranche 2 exclusions are retroactive to 8/23/2018 and expire 1 year after publication Tranche 3 exclusions are retroactive to 9/24/2018 and will expire on 8/7/2020 **/ Corrections are retroactive to original date but do not extend exclusions beyond original

expiration dates ***/ Notices regarding possible extensions have been published:

84 FR 58427 Notice for 12/28/19; Decision 84 FR 70616 84 FR 72102 Notice for 3/25/20 85 FR 6687 Notice for 4/18/20

CBP issues guidance on Sec. 232 duty on derivatives of aluminum and steel articles

On February 4, 2020, CBP issued CSMS # 41538803 - GUIDANCE: Additional

Duty on Imports of Derivative Aluminum and Steel Articles, excerpts of which are

reproduced below:

On January 29, 2020, the President issued Proclamation 9980 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), providing for additional import duties for derivative Aluminum and Steel Articles of the Trade Expansion Act of 1962. See the Federal Register (FR), 85 FR 5281, Jan-uary 29, 2019.

COMMODITY: Derivative Aluminum and Steel articles, as specified per Presidential proclamation 9980 and 85 FR 5281 (see below).

COUNTRIES COVERED: Derivative Aluminum Articles: All countries of origin except Argentina, Australia, Can-ada, and Mexico.

Derivative Iron or Steel Articles: All countries of origin except Argentina, Australia, Brazil, Canada, Mexico, and South Korea.

Please note this is based on the country of origin, not the country of export.

GUIDANCE: Per 85 FR 5281, issued January 29, 2020, the additional duties on imports of Deriva-tive Aluminum and Steel Articles are effective with respect to goods entered, or with-drawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on February 8, 2020.

Derivative Aluminum Products: Importers shall report the following HTS classification for imported merchandise sub-ject to the additional duty: 9903.85.03 (10 percent ad valorem additional duty for de-rivative of aluminum products). In addition to reporting the regular Chapter 76 of the HTS classification for the imported derivative merchandise, for aluminum stampings,


https://content.govdelivery.com/bulletins/gd/USDHSCBP-26265d3?wgt_ref=USDHSCBP_WIDGET_2


https://lnks.gd/2/_tdHWn


https://lnks.gd/2/_zbr-q


https://lnks.gd/2/B8NXZH




https://content.govdelivery.com/bulletins/gd/USDHSCBP-27c55b5?wgt_ref=USDHSCBP_WIDGET_2


https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e58fd?wgt_ref=USDHSCBP_WIDGET_2


https://ustr.gov/sites/default/files/enforcement/301Investigations/Request_for_Comments_Concerning_the_Extension_of_Particular_Exclusions.pdf


https://ustr.gov/sites/default/files/enforcement/301Investigations/Request-for-Comments-Concerning-the-Extension-of-Particular-Exclusions.pdf


https://content.govdelivery.com/bulletins/gd/USDHSCBP-279d4f3?wgt_ref=USDHSCBP_WIDGET_2?utm_source=csms.cbp.gov&utm_medium=csms.cbp.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117


https://www.federalregister.gov/documents/2020/01/29/2020-01806/adjusting-imports-of-derivative-aluminum-articles-and-derivative-steel-articles-into-the-united


Baker McKenzie


8490545-v4\WASDMS

23

new HTS classifications 8708.10.30.30 and 8708.29.21.30 will be effective on Febru-ary 8, 2020.

***

Derivative Iron or Steel Products: Importers shall report the following HTS classification for imported merchandise sub-ject to the additional duty: 9903.80.03 (25 percent ad valorem additional duty on de-rivative for iron/steel products). In addition to reporting the regular Chapter 73 of the HTS classification for the imported derivative merchandise, for steel stampings, the new HTS classification 8708.10.30.20 and 8708.29.21.20 will be effective on Febru-ary 8, 2020.

***

Goods for which entry is claimed under a provision of chapter 98 and which are sub-ject to the additional duties prescribed herein shall be eligible for and subject to the terms of such provision and applicable CBP regulations, except that duties under sub-heading 9802.00.60 shall be assessed based upon the full value of the imported arti-cle. In particular, please note that if body stampings of aluminum or steel, for tractors suitable for agricultural use qualify under 9817.00.50/.60, the imports are still subject to the additional 232 duties.

No claim for entry or for any duty exemption or reduction shall be allowed for the de-rivative aluminum or iron/steel products enumerated in this subdivision under a provi-sion of chapter 99 that may set forth a lower rate of duty or provide duty-free treat-ment, taking into account information supplied by CBP, but any additional duty pre-scribed in any provision of this subchapter or subchapter IV of chapter 99 shall be im-posed in addition to the duty in heading 9903.85.03 for aluminum and 9903.80.03 for steel.

ADDITIONAL INFORMATION

Any derivative article described in the proclamation, except those eligible for admis-sion under “domestic status” as defined in 19 CFR 146.43, that is subject to the duty imposed by clause 1 of the proclamation, and that was admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern standard time on February 8, 2020, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification un-der the applicable HTSUS subheading added by this proclamation.

Derivative articles shall not be subject upon entry for consumption to the duty estab-lished in this proclamation merely by reason of manufacture in a U.S. foreign trade zone. However, derivative articles admitted into a U.S. foreign trade zone in “privi-leged foreign status” of this proclamation shall retain that status consistent with 19 CFR 146.41(e).

No drawback shall be available with respect to the Section 232 duties imposed on any aluminum or steel article.

GSP and AGOA-eligible goods that are subject to Section 232 duties or quotas may not receive GSP or AGOA duty preference in accordance with 19 USC 2463(b)(2).

Trade preference may be claimed for all preference programs with the exception of GSP and AGOA, as stated above. Importers making a trade preference claim under a program other than GSP or AGOA may continue to receive the preferential duty rate and any MPF exemption that may apply in accordance with 19 CFR 24.23(c). Section 232 duties must be paid on imports subject to Section 232 even if trade preferences apply.

The merchandise covered by the additional duties may also be subject to antidump-ing and countervailing duties.

Imports of U.S. origin are not subject to Section 232 duties.

CBP will issue additional guidance on entry requirements for any products excluded from these measures, as soon as information is available. CBP will also issue up-dated guidance if there are any changes to these measures, including any changes to exempted countries and any new requirements, such as quota requirements.

Baker McKenzie


8490545-v4\WASDMS

24

IMMEDIATE TRANSPORTATION SHIPMENTS

Under 19 CFR 141.69(b), merchandise which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation, if entered for consumption at the port designated by the consignee or his agent in such transportation entry without having been taken into custody by the port director for general order under section 490, Tariff Act of 1930, as amended ( 19 U.S.C. 1490), shall be subject to the rates in effect when the immediate transportation entry was accepted at the port of original importation. For such entries covered by an entry for immediate transportation, and with a country of origin and Harmonized Tariff Schedule classification subject to the Presidential Proclamations, such entries shall be subject to the duty rates in effect when the im-mediate transportation entry was accepted at the port of original importation.

FOR FURTHER INFORMATION: Please refer to Presidential Proclamation 9980 and 85 FR 5281 issued January 29, 2020, for more information related to the additional duty for imports of derivative alu-minum and steel articles of the Trade Expansion Act of 1962 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States.

For questions on this and other trade remedy issues, please see Cargo Systems Messaging Service (CSMS) #40969690 - Information on Trade Remedy Questions and Resources.

CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES

Import restrictions imposed on archaeological material from Ecua-dor

On February 14, 2020, US Customs and Border Protection (CBP) published in

the Federal Register a final rule [CBP Dec. 20-03] that amends the CBP regula-

tions to reflect the imposition of import restrictions on certain archaeological and

ethnological material from Ecuador. These restrictions are being imposed pursu-

ant to an agreement between the United States and Ecuador that has been en-

tered into under the authority of the Convention on Cultural Property Implementa-

tion Act. The final rule amends CBP regulations by adding Ecuador to the list of

countries which have a bilateral agreement with the United States that imposes

cultural property import restrictions. The final rule also contains the designated

list that describes the types of archaeological and ethnological material to which

the restrictions apply.

The rule was effective on February 12, 2020, the date it was filed for public in-

spection at the Federal Register.

CBP imposes emergency import restrictions on archaeological and ethnological material from Yemen

On February 7, 2020, US Customs and Border Protection (CBP) published in the

Federal Register a final rule [CBP Dec. 20-01] that amends the CBP regulations

to reflect the imposition of emergency import restrictions on certain archaeologi-

cal and ethnological material from the Republic of Yemen (Yemen). The Assis-

tant Secretary for Educational and Cultural Affairs, US Department of State, has

determined that conditions warrant the imposition of emergency restrictions on

categories of archaeological material and ethnological material of the Islamic cul-

tural heritage of Yemen. The document contains the Designated List of Archaeo-

logical and Ethnological Material of Yemen that describes the types of objects or

categories of archaeological and ethnological material to which the import re-

strictions apply. The main categories of archaeological material (200,000 BC to

1750 AD) are: stone; metal; ceramic and clay; glass, faience, and semi-precious

stone; painting; plaster; textiles; leather, parchment, and paper; wood, bone,




Baker McKenzie


8490545-v4\WASDMS

25

ivory, shell, and other organics. The ethnological material (A.D. 1517 to 1918) in-

cludes stone; metal; ceramic and clay; glass; painting and drawing; textiles, bas-

ketry, and rope; leather and parchment ; wood; bone and ivory

The emergency import restrictions imposed on certain archaeological and ethno-

logical material from Yemen will be in effect for a five-year period from the date

on which Yemen requested that such restrictions be imposed, until September

11, 2024, unless renewed. These restrictions are being imposed pursuant to de-

terminations of the United States Department of State made under the terms of

the Convention on Cultural Property Implementation Act.

The rule was effective on February 5, 2020, the date it was filed for public inspec-

tion at the Federal Register.

Import restrictions imposed on archaeological material from Jordan

On February 7, 2020, US Customs and Border Protection (CBP) published in the

Federal Register a final rule [CBP Dec. 20-02] that amends the CBP regulations

to reflect the imposition of import restrictions on certain archaeological material

from the Hashemite Kingdom of Jordan (Jordan). These restrictions are being im-

posed pursuant to an agreement between the United States and Jordan that has

been entered into under the authority of the Convention on Cultural Property Im-

plementation Act. The Agreement entered into force on February 1, 2020, and

enables the promulgation of import restrictions on categories of archaeological

material representing Jordan’s cultural heritage ranging in date from the Paleo-

lithic period (approximately 1.5 million B.C.) to the middle of the Ottoman period

in Jordan (A.D. 1750).The final rule amends the CBP regulations by adding Jor-

dan to the list of countries which have a bilateral agreement with the United

States that imposes cultural property import restrictions. The final rule also con-

tains the Designated List that describes the types of archaeological material to

which the restrictions apply.

The rule was effective on February 5, 2020, the date it was filed for public inspec-

tion at the Federal Register.

CBP/TSA institute notification of arrival restrictions

On February 4, 2020, US Customs and Border Protection (CBP) and the Trans-

portation Security Administration (TSA) published in the Federal Register a “Noti-

fication of Arrival Restrictions Applicable to Flights Carrying Persons Who Have

Recently Traveled From or Were Otherwise Present Within the People’s Repub-

lic of China.” The document announces the decision of the Secretary of the De-

partment of Homeland Security (DHS) to direct all flights to the United States car-

rying persons who have recently traveled from, or were otherwise present within,

the People’s Republic of China (China) to arrive at one of the United States air-

ports where the United States Government is focusing public health resources to

implement enhanced screening procedures. For purposes of this document, a

person has recently traveled from China if that person has departed from, or was

otherwise present within, China (excluding the special autonomous regions of

Hong Kong and Macau) within 14 days of the date of the person’s entry or at-

tempted entry into the United States. Also, for purposes of this document, crew,

and flights carrying only cargo (i.e., no passengers or non-crew), are excluded

from the measures. The arrival restrictions began at 5 p.m. EST on Sunday, Feb-

ruary 2, 2020; and will continue until cancelled or modified by the Secretary of

DHS and notification is published in the Federal Register of such cancellation or






Baker McKenzie


8490545-v4\WASDMS

26

modification. Additional airports were added by a Federal Register notice pub-

lished on Nov. 7, 2020.

The notification directs all operators of aircraft to ensure that all flights carrying

persons who have recently traveled from, or were otherwise present within,

China only land at one of the following airports:

John F. Kennedy International Airport (JFK), New York;

Chicago O’Hare International Airport (ORD), Illinois;

San Francisco International Airport (SFO), California;

Seattle-Tacoma International Airport (SEA), Washington;

Daniel K. Inouye International Airport (HNL), Hawaii;

Los Angeles International Airport, (LAX), California; or

Hartsfield-Jackson Atlanta International Airport (ATL), Georgia.

Washington-Dulles International Airport (IAD), Virginia

Effective at 6:30 am EST on Monday February 3, this list of airports is expanded to in-clude:

Newark Liberty International Airport (EWR), New Jersey.

Effective at 7:30 am EST on Monday February 3, this list of airports is expanded to in-clude:

Dallas/Fort Worth International Airport (DFW), Texas; and

Detroit Metropolitan Airport (DTW), Michigan

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

02-07-20 Notice of Availability of the Bog Creek Road Project Final Records of Decision (N) [with US Forest Service]

02-13-20

Accreditation and Approval of Inspectorate America Corporation (Davie, FL) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Inspectorate America Corporation (Ferndale, WA) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Inspectorate America Corporation (Mobile, AL) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Inspectorate America Corporation (Romeoville, IL) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Inspectorate America Corporation (Tampa, FL) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Inspectorate America Corporation (Texas City, TX) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Inspectorate America Corporation (Vancouver, WA) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of Intertek USA, Inc. (Chelsea, MA) as a Commer-cial Gauger and Laboratory (N)

Accreditation and Approval of Intertek USA, Inc. (Nederland, TX) as a Commer-cial Gauger and Laboratory (N)

Accreditation and Approval of Intertek USA, Inc. (Romeoville, IL) as a Commer-cial Gauger and Laboratory (N)























Baker McKenzie


8490545-v4\WASDMS

27

F.R. Date Subject

Approval of Barrios Measurement Services LLC (Cut Off, LA), as a Commercial Gauger (N)

02-21-20

Agency Information Collection Activities: Application to Pay Off or Discharge an Alien Crewman [OMB Control No. 1651-0106] (N) [Form I-408]

Agency Information Collection Activities: Lien Notice [OMB Control No. 1651-0012] (N) [CBP Form 3485]

Accreditation and Approval of Chem Coast, Inc. (La Porte, TX) as a Commercial Gauger and Laboratory (N)

02-28-20 Agency Information Collection Activities: United States-Caribbean Basin Trade Partnership Act (CBTPA) (OMB Number: 1651–0083) (N) [CBP Form 450].

Revocations or modifications of CBP rulings

See separate section below.

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# and Title

02-03-20

CSMS #41525679 - Customs Brokers License Exam Registration Period Open

CSMS #41527274 - February 7 Quota Opening: Solar Cells/Modules, Large Residential Washing Machines & Covered Parts

CSMS #41529100 - Drawback Claim Issues with Trade Remedies HTS Num-bers (Chapter 99 Numbers)

CSMS #41530352 - ACE Reports: ES-003 Entry Summary Line Tariff Details

02-04-20 CSMS #41538803 - Guidance: Additional Duty on Imports of Derivative Alumi-

num and Steel Articles

02-04-20

CSMS #41538917 - Guidance: Decrease in Section 301 Duties on Certain Products of China; $300B-Action -Tranche 4A

CSMS #41541680 - Resolved: ACE Reports: ES-003 Entry Summary Line Tar-iff Details

CSMS #41544883 - Reminder: Action Required for sFTP connection users of ITDS sFTP Server - Server Migration THIS Saturday 02/08/2020

02-05-20 CSMS #41558478 - PGA Message Set Universe Unavailable on Thursday,

February 6, 2020

02-06-20

CSMS #41569566 - Reminder: Expanded Message Size for DE and CERT testing for AE and RE Messages

CSMS #41569664 - New FTZ Error Codes deployment to ACE Production

CSMS #41572223 - February 7 Quota opening: Solar Cells/Modules, Large Residential Washing Machines & Covered Parts

CSMS #41573578 - HTS records created in CERT to support Presidential Proclamation 9980

02-07-20

CSMS #41582634 - Initiation of Antidumping and Countervailing Duty Investi-gations: Certain Vertical Shaft Engines Between 223cc and 999cc, and Parts Thereof from the People’s Republic of China

CSMS #41582881 - ACE Port Downtime: Port of Champlain February 7, 2020

CSMS #41582970 - FDA Scheduled System Down Time: Saturday, February 8, 2020 11:00 PM EST to Sunday, February 9, 2020 2:00 AM EST

CSMS #41583053 - Food and Drug Administration (FDA) New Center for Food Safety and Applied Nutrition (CFSAN) Product Codes










https://content.govdelivery.com/bulletins/gd/USDHSCBP-279a1af?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279a7ea?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279a7ea?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279af0c?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279af0c?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279b3f0?wgt_ref=USDHSCBP_WIDGET_2?utm_source=csms.cbp.gov&utm_medium=csms.cbp.gov&utm_term=undefined&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117





https://content.govdelivery.com/bulletins/gd/USDHSCBP-279e030?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279e030?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-279ecb3?wgt_ref=USDHSCBP_WIDGET_2



https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a21ce?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a21ce?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a4d1e?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a4d1e?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a4d80?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a577f?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a577f?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a5cca?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a5cca?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a802a?wgt_ref=USDHSCBP_WIDGET_2








https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a81cd?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a81cd?wgt_ref=USDHSCBP_WIDGET_2

Baker McKenzie


8490545-v4\WASDMS

28

Date CSMS# and Title

CSMS #41585817 - FDA ITACS (Import Trade Auxiliary Communications Sys-tem) Planned Maintenance Saturday, 02/08/2020 11pm – 2am Sunday, 02/09/2020

02-09-20

CSMS #41601211 - ACE Connection to FDA IWS is Down

CSMS #41601520 - Resolved: ACE Portal external access and PGA connec-tion issues with CBP

02-10-20 CSMS #41611982 - Information on ACE Cargo Release System Availability

CSMS #41613156 - Resolved – ACE Cargo Release System Availability

02-11-20

CSMS #41630831 - Update to US Fish and Wildlife Service Implementation Guide

CSMS #41629711 - Updated Drawback Error Dictionary (v16) Posted on CBP.gov

02-12-20 CSMS #41639900 - Updated ACE Development and Deployment Schedule

Posted to CBP.gov/ACE

02-13-20

CSMS #41657277 - Updated ACE In-Bond (QP/WP) IG now Posted on CBP.gov

CSMS #416259625 - New QR Code for Truck Manifest Cover Sheet

02-14-20

CSMS #41667781 - Harmonized System Update (HSU) 2002 created February 13, 2020

CSMS #41672352 - Updated ACE Cargo Release SO Status Notification Doc-ument Now Available on CBP.gov

02-18-20

CSMS #41702837 - Guidance: Section 301 $200B - Tranche 3 Seventh Round of Product Exclusions from China

CSMS #41703608 - New Draft CATAIR for e214

CSMS #41707397 - The ACE CATAIR Entry Summary Status Notification UC Document has been Updated

02-19-20

CSMS #41720311 - Update to ACE Document Image System (DIS) Implemen-tation Guide

CSMS #41721636 - Update to U.S. Fish and Wildlife Service ACE Implementa-tion Guide (IG)

CSMS #41723673 - Argentina Beef Certificates – must be 9 digits.

02-20-20 CSMS #41741616 - ACE Reports-- Statements Universe

02-25-20

CSMS #41798101 - Non-declared Split Bills: One Conveyance per Entry

CSMS #41799045 - Update to Appendix PGA

CSMS #41799886 - Re-alignment of El Paso (2402) and Ysleta (2401) March 1, 2020

02-27-20

CSMS #41828321 - Initiation of AD/ CVD Investigations: Certain Corrosion In-hibitors from China

CSMS #41823060 - Food and Drug Administration (FDA) End-Dated and New Center for Drug Evaluation and Research (CDER) Product Codes

02-28-20

CSMS #41834749 - Guidance: Section 301 $200B 8th Round of Product Ex-clusions

CSMS #41836997 - Postponed to March 16, 2020: Re-alignment of El Paso (2402) and Ysleta (2401); Ysleta will be a POE

CSMS #41839060 - APHIS Takes Next Step Toward Paperless Clearance of Agricultural Imports

CSMS #41840326 - REMINDER: Enhancements to ACE Truck Manifest - Phase 1: Deployment on February 29, 2020

CSMS #41840662 - Section 301 Large Civil Aircraft (LCA) Trade Remedy - Modification March 5, 2020 and March 18, 2020

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27a8c99?wgt_ref=USDHSCBP_WIDGET_2



https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ac8bb?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ac9f0?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ac9f0?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27af2ce?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27af764?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27b3c6f?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27b3c6f?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27b380f?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27b380f?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27b5fdc?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27b5fdc?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ba3bd?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ba3bd?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27bace9?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27bccc5?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27bccc5?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27bdea0?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27bdea0?wgt_ref=USDHSCBP_WIDGET_2





https://content.govdelivery.com/bulletins/gd/USDHSCBP-27c6785?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27c6785?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27c99f7?wgt_ref=USDHSCBP_WIDGET_2




https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ca719?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27ced30?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27dc9d5?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27dcd85?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27dd0ce?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27dd0ce?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e3fe1?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e3fe1?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e2b54?wgt_ref=USDHSCBP_WIDGET_2





https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e61c5?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e61c5?wgt_ref=USDHSCBP_WIDGET_2

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e69d4?wgt_ref=USDHSCBP_WIDGET_2?utm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e69d4?wgt_ref=USDHSCBP_WIDGET_2?utm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e6ec6?wgt_ref=USDHSCBP_WIDGET_2?utm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e6ec6?wgt_ref=USDHSCBP_WIDGET_2?utm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e7016?wgt_ref=USDHSCBP_WIDGET_2?utm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117

https://content.govdelivery.com/bulletins/gd/USDHSCBP-27e7016?wgt_ref=USDHSCBP_WIDGET_2?utm_source=google&utm_medium=google&utm_term=(not%20provided)&utm_content=undefined&utm_campaign=(not%20set)&gclid=undefined&dclid=undefined&GAID=1016774988.1544196117

Baker McKenzie


8490545-v4\WASDMS

29

Foreign Trade Zones

The following documents were published in the Federal Register by the Foreign-

Trade Zones Board:

F.R. Date Document

02-04-20 Foreign-Trade Zone 124—Gramercy, Louisiana; Application for Subzone; Seadrill Americas Inc.; New Iberia, Louisiana [B–4–2020]

02-05-20

Foreign-Trade Zone 33 – Pittsburgh, Pennsylvania; Authorization of Production Activity; Steelite International USA, Inc. (Hospitality Industry Serveware) New Castle, Pennsylvania [B-64-2019]

Foreign-Trade Zone 158 – Jackson, Mississippi; Notification of Proposed Pro-duction Activity; Traxys Cometals USA, LLC (Manganese and Aluminum Alloy-ing Agents) Burnsville, Mississippi [B-05-2020]

02-10-20

Foreign-Trade Zone 26 – Atlanta, Georgia; Authorization of Production Activity; Ricoh Electronics, Inc. (Thermal Paper and Film) Lawrenceville and Buford, Georgia [B-65-2019]

Foreign-Trade Zone 61 – San Juan, Puerto Rico; Application for Subzone; Puerto Rico Storage & Distribution, Inc. Aguadilla, Puerto Rico [B-6-2020]

02-12-20

Foreign-Trade Zone 107 – Polk County, Iowa; Application for Subzone; Ware-house Specialists, LLC Council Bluffs, Iowa [S-27-2020]

Foreign-Trade Zone 52 – Hauppauge, New York; Notification of Proposed Pro-duction Activity; Regent Tek Industries, Inc. (Road Marking Material), Shirley, New York [B-07-2020]

02-19-20 Foreign-Trade Zone 277 – Glendale, Arizona; Notification of Proposed Produc-tion Activity; Andersen Regional Manufacturing, Inc. (Windows for Residential and Commercial Buildings) Goodyear, Arizona [B-08-2020]

02-20-20

Foreign-Trade Zone 107 – Polk County, Iowa; Application for Subzone Expan-sion; Winnebago Industries, Inc., Forest City and Charles City, Iowa [S-28-2020]

Foreign-Trade Zone 122 – Corpus Christi, Texas; Authorization of Production Activity; Cheniere Energy, Inc. (Liquified Natural Gas Processing), Portland, Texas [B-66-2019]

02-26-20

Foreign-Trade Zone 26 – Atlanta, Georgia, Authorization of Production Activity, Kubota North America Corporation (Agricultural and Specialty Vehicles), Jeffer-son and Gainesville, Georgia [B-67-2019]

Foreign-Trade Zone 27 – Boston, Massachusetts, Application for Subzone, Waters Technologies Corporation, Milford, Massachusetts [S-32-2020]

EXPORT CONTROLS AND SANCTIONS

State imposes nonproliferation measures against foreign persons, including a ban on US government procurement

State published in the Federal Register a notice [Public Notice: 11034] that

measures imposed pursuant to Section 3 of the Iran, North Korea, and Syria

Nonproliferation Act (the Act) described in this notice against 13 persons went

into effect February 3, 2020. A determination has been made that a number of

foreign persons have engaged in activities that warrant the imposition of

measures pursuant to Section 3 of the Act. The Act provides for penalties on for-

eign entities and individuals for the transfer to or acquisition from Iran since Janu-

ary 1, 1999; the transfer to or acquisition from Syria since January 1, 2005; or the

transfer to or acquisition from North Korea since January 1, 2006, of goods, ser-

vices, or technology controlled under multilateral control lists (Missile Technology

Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Sup-

pliers Group, Wassenaar Arrangement) or otherwise having the potential to make

a material contribution to the development of weapons of mass destruction

(WMD) or cruise or ballistic missile systems. The latter category includes items of

































Baker McKenzie


8490545-v4\WASDMS

30

the same kind as those on multilateral lists but falling below the control list pa-

rameters when it is determined that such items have the potential of making a

material contribution to WMD or cruise or ballistic missile systems, items on US

national control lists for WMD/missile reasons that are not on multilateral lists,

and other items with the potential of making such a material contribution when

added through case-by-case decisions.

Pursuant to Section 3 of the Act, the following measures are imposed on the 13

persons named in the notice:

1. No department or agency of the United States Government (USG) may procure or enter into any contract for the procurement of any goods, technology, or services from these foreign persons, except to the extent that the Secretary of State otherwise may determine;

2. No department or agency of the USG may provide any assistance to these foreign persons, and these persons shall not be eligible to participate in any assistance pro-gram of the USG, except to the extent that the Secretary of State otherwise may de-termine;

3. No USG sales to these foreign persons of any item on the United States Munitions List are permitted, and all sales to these persons of any defense articles, defense ser-vices, or design and construction services under the Arms Export Control Act are ter-minated; and

4. No new individual licenses shall be granted for the transfer to these foreign per-sons of items the export of which is controlled under the Export Administration Act of 1979 or the Export Administration Regulations, and any existing such licenses are suspended.

These measures shall be implemented by the responsible departments and

agencies of the USG and will remain in place for two years from the effective

date, except to the extent that the Secretary of State may subsequently deter-

mine otherwise.

Energy proposes to extend natural gas export authorizations to non-free trade agreement countries through the year 2050

On February 11, 2020, the Office of Fossil Energy, Department of Energy (En-

ergy) published in the Federal Register a notice of proposed policy statement

and request for comments to extend the standard 20-year term for authorizations

to export natural gas from the lower-48 states—including domestically produced

liquefied natural gas (LNG), compressed natural gas, and compressed gas liq-

uid—to countries with which the United States does not have a free trade agree-

ment (FTA) requiring national treatment for trade in natural gas, and with which

trade is not prohibited by U.S. law or policy (non-FTA countries). Under the Pro-

posal, existing non-FTA authorization holders could apply to extend their export

term through December 31, 2050, on a voluntary opt-in basis; existing applicants

could amend their pending non-FTA application to request an export term

through December 31, 2050, on a voluntary opt- in basis; and DOE would issue

all future non-FTA export authorizations with a standard export term lasting

through December 31, 2050, unless a shorter term is requested by the applicant.

In the document, DOE discusses the Proposed Policy Statement and invites

comments on the Proposal. DOE is proposing this policy change under section

3(a) of the Natural Gas Act (NGA) and DOE’s implementing regulations. Com-

ments are to be filed no later than 4:30 p.m. (ET) on March 12, 2020.



Baker McKenzie


8490545-v4\WASDMS

31

BIS further restricts exports to Russia and Yemen

On February 24, 2020, in a final rule (the “Rule”) that took immediate effect, the

Commerce Department’s Bureau of Industry and Security (BIS) revised the coun-

try group designations for Russia and Yemen under the Export Administration

Regulations (EAR), increasing license restrictions for both countries. The Rule is

part of a larger effort within BIS that involves a “comprehensive review” of all

country groups to ensure they appropriately reflect current US national security

and foreign policy.

Russia: Moved from Country Group A:2 and A:4 to Country Group D:2 and D:4

The Rule removes Russia from more favorable export treatment under Country

Groups A:2 (Missile Technology Control Regime) and A:4 (Nuclear Suppliers

Group) and adds it to country groups of concern D:2 (Nuclear) and D:4 (Missile

Technology). According to BIS, the changes address US concerns about Rus-

sia’s lack of cooperation and accountability for US-origin items and the diversion

of exports/reexports/transfers to unauthorized or prohibited end-users and end-

uses.

The impact of these changes is as follows:

1. a number of license exceptions are no longer available for exports/reex-ports/transfers to Russia, and

2. a license requirement for certain items that previously did not require a license for exports/reexports/transfers to Russia.

BIS also announced a policy of presumption of denial for all exports/reex-

ports/transfers controlled under the EAR for proliferation of chemical and biologi-

cal weapons (CB), nuclear nonproliferation (NP) and missile technology (MT).

However, BIS will review on a case-by-case basis the applications for ex-

ports/reexports/transfers of items in support of US-Russia civil space cooperation

activities or commercial space launches (with respect to NP and MT controls

only).

Russia’s designation to Country Groups D:2 and D:4 also triggers certain US-

person prohibitions contained in the EAR. In contrast to the broad prohibitions

that apply to activities of “US persons” under US sanctions laws, the EAR’s “US

person” prohibitions are limited to certain activities related to nuclear weapons in-

volving countries listed in Country Group D:2 and missiles involving countries

listed in Country Group D:4, and chemical or biological weapons involving any

country. This means that going forward US persons (i.e., entities organized un-

der US laws and their non-US branches; parties physically located in the United

States; and US citizens or permanent residents wherever located or employed)

will not be able to engage in activities that include: (i) exporting/reexporting items

to Russia without a BIS license with knowledge that such items will be used in

the design, development, product, or use of nuclear explosive devices or missiles

in or by Russia, and (ii) performing any contract, service, or employment with

knowledge that it will directly assist in the design, development, production, or

use of missiles in or by Russia.

In addition, Russia’s designation to country group D:4 prohibits export/reex-

port/transfer of items subject to the EAR without a BIS license with knowledge

that such items will be used in the design, development, production, or use of

rocket systems or certain unmanned aerial vehicles in or by Russia.


Baker McKenzie


8490545-v4\WASDMS

32

Despite Russia’s designation to Country Groups D:2 and D:4, Russia remains a member of the Missile Technology Control Regime and the Nuclear Suppliers Group, the informal multilateral export control regimes implemented by member states that seek to, respectively, limit the proliferation of missiles and missile

technology and prevent nuclear proliferation.

Yemen: Moved from Country Group B to Country Group D:1

The Rule removes Yemen from more favorable treatment under Country Group B and places it in the country group of concern Country Group D1 (National Secu- rity). According to BIS, the changes address concerns about diversion of US- origin items in Yemen for unauthorized purposes, including prohibited proliferation activities, end uses and end users, taking place in the context of an ongoing conflict fostering international terrorism and instability in the Arabian Peninsula.

As a result of this change, a number of license exceptions or portions thereof are no longer available for shipments to Yemen, including LVS (shipments of limited value), GBS (shipments to country group B countries), TSR (technology and software under restrictions), TMP (temporary imports, exports, and reexports/transfers), RPL (servicing and replacement of parts and equipment), GFT (gift parcels and humanitarian donations), BAG (baggage), AVS (aircraft and vessels), APR

(additional permissive reexports/transfers), and ENC (encryption, commodities, software, and technology). Shipments to Yemen that previously relied on these license exceptions will need to be reassessed for their eligibility for these license exceptions.

BIS announced that it will approve license applications for NS-controlled ex-

ports/reexports/transfers to Yemen when the agency determines, on a case-by- case basis, that the goods will be used for civilian purposes or will not otherwise contribute to Yemen’s military potential that would provide detrimental to the national security of the United States. The Rule further imposes license restrictions on exports/reexports/transfers of certain microprocessors to military end-uses

and end-users in addition to restrictions on exports/reexports/transfers to vessels and aircraft at Yemeni ports or registered in Yemen and expands licensing requirements for certain reexports of foreign-produced direct products of US-origin technology and software.

Authors: Bart M. McMillan, Inessa Owens and Maria Sergeyeva.

BIS extends Huawei temporary general license

On February 18, 2020, the Bureau of Industry and Security (BIS) published in the

Federal Register a final rule [Docket No. 200211-0051] that extends through April 1, 2020, the temporary general license to Huawei Technologies Co., Ltd.

(Huawei) and one hundred and fourteen of its non-U.S. affiliates on the Entity

List. In order to implement this decision, this final rule revises the temporary general license to remove the expiration date of February 16, 2020, and substitute

the date of April 1, 2020.

The temporary general license authorizes certain activities, including those necessary for the continued operations of existing networks and equipment as well

as the support of existing mobile services, including cybersecurity research critical to maintaining the integrity and reliability of existing and fully operational networks and equipment. Exporters, re-exporters, and transferors are required to maintain certifications and other records, to be made available when requested





Baker McKenzie


8490545-v4\WASDMS

33

by BIS, regarding their use of the temporary general license. Any exports, reex-

ports, or in-country transfers of items subject to the EAR to any of the listed

Huawei entities as of the effective date they were added to the Entity List con-

tinue to require a license, with the exception of transactions explicitly authorized

by the temporary general license and eligible for export, reexport, or transfer (in-

country) prior to May 16, 2019 without a license or under a license exception. Li-

cense applications will continue to be reviewed under a presumption of denial, as

stated in the Entity List entries for the listed Huawei entities.

This rule is effective February 13, 2020, through April 1, 2020, except for

amendatory instructions 1 and 3, which are effective February 13.

BIS seeks information on impact of CWC on legitimate commercial activities during 2019

On February 13, 2020, the Bureau of Industry and Security (BIS) published in the

Federal Register a notice of inquiry [Docket No. 200113-0009] seeking public

comments on the impact that implementation of the Chemical Weapons Conven-

tion (CWC), through the Chemical Weapons Convention Implementation Act and

the Chemical Weapons Convention Regulations (CWCR), has had on commer-

cial activities involving “Schedule 1” chemicals during calendar year 2019. The

purpose of this notice of inquiry is to collect information to assist BIS in its prepa-

ration of the annual certification to the Congress on whether the legitimate com-

mercial activities and interests of chemical, biotechnology, and pharmaceutical

firms are harmed by such implementation. This certification is required under

Condition 9 of Senate Resolution 75 (April 24, 1997), in which the Senate gave

its advice and consent to the ratification of the CWC. Comments must be re-

ceived by March 16, 2020.

US Government adds Rosneft’s Swiss subsidiary to the SDN List under Venezuela-related sanctions program

On February 18, 2019, the US Department of the Treasury’s Office of Foreign

Assets Control (OFAC), pursuant to Executive Order (“EO”) 13850, designated

Rosneft Trading S.A., the Swiss-incorporated, Russian-controlled oil brokerage

firm, as a Specially Designated National (“SDN”) for operating in the oil sector of

the Venezuelan economy. OFAC also designated the President and Chairman

of Rosneft Trading S.A., Didier Casimiro, as an SDN for purporting to act for or

on behalf of, directly or indirectly, Rosneft Trading S.A. According to the US De-

partment of the Treasury’s press release, the designations of Rosneft Trading

S.A. and Mr. Casimiro are to “prevent the looting of Venezuela’s oil assets by the

corrupt Maduro regime.”

Concurrent with the designations, OFAC issued General License No. 36 (“GL

36”), authorizing, through May 19, 2020, transactions ordinarily incident and nec-

essary to the wind down of transactions involving Rosneft Trading S.A. or any

entity in which Rosneft Trading S.A. owns, directly or indirectly, a 50% or greater

interest. OFAC also issued two new related FAQs (FAQ 817 and FAQ 818).

Separate from the SDN designations, both Rosneft Trading S.A. and its parent

company, Open Joint-Stock Company Rosneft Oil Company (“Rosneft”), have

been subject to sectoral sanctions under Directives 2 and 4 to EO 13662 since

July 2014. Mr. Casimiro is identified on the Rosneft website as its Vice President

for Refining, Petrochemical, Commerce, and Logistics.


https://home.treasury.gov/news/press-releases/sm909

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/venezuela_gl36.pdf

https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_other.aspx#817

https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_other.aspx#818

https://www.rosneft.com/governance/management/item/6125/

Baker McKenzie


8490545-v4\WASDMS

34

Implications of the Designations

US Persons (e.g., entities organized under the laws of a US jurisdiction and their

non-US branches, individuals or entities in the United States, and US citizens or

permanent resident aliens wherever located or employed) are prohibited from en-

gaging in any dealings with Rosneft Trading S.A. and Mr. Casimiro, and any enti-

ties in which Rosneft Trading S.A. or Mr. Casimiro owns, directly or indirectly, a

50% or greater interest. GL 36 provides a 90-day authorization for certain wind

down activities involving Rosneft Trading S.A., but does not cover wind down ac-

tivities with Mr. Casimiro. Non-US persons may also trigger US sanctions prohi-

bitions if they cause any SDN-related transactions to occur in whole or in part in

the United States or elsewhere by US Persons and can themselves be desig-

nated as SDNs if they are determined to have materially assisted, sponsored, or

provided financial, material, or technological support for, or goods or services to,

or in support of, Rosneft Trading S.A. (following the expiration of GL 36) or Mr.

Casimiro.

Because Rosneft Trading S.A.is also subject to sectoral sanctions under Direc-

tives 2 and 4 to EO 13662, all US Persons who are winding down transactions

with Rosneft Trading S.A. should ensure their activities comply with Directives 2

and 4 because GL 36 only authorizes certain activities necessary to the wind

down of transactions prohibited by EO 13850, and not by EO 13662. Further in-

formation on the restrictions under Directives 2 and 4 can be found in our prior

blogs here and here.

FAQ 817 clarifies that Rosneft Trading S.A.’s designation does not prohibit US

Persons from continuing to do business with its parent company, Rosneft Oil

Company, provided the dealings do not involve any blocked persons, including

Rosneft Trading S.A. and Mr. Casimiro, or any other activities prohibited under

other sanctions authorities. This may not be a straightforward analysis depend-

ing on the facts, especially in light of OFAC’s past enforcement action in relation

to dealings involving its SDN CEO and Chairman, Igor Sechin, on behalf of Ros-

neft.

Additional Considerations

By way of reminder, Rosneft and Rosneft Trading S.A. have been listed on the

US Department of Commerce Bureau of Industry and Security’s Entity List since

September 2014 and September 2015, respectively, which means any exports,

reexports, or in-country transfers of items subject to the Export Administration

Regulations to these Rosneft entities are subject to licensing requirements where

the exporter (i) knows that the items will be used for targeted end-uses (i.e.,

deepwater, Arctic offshore, or shale projects) or (ii) is unable to determine

whether the items will be used for such end-uses. Further information on Entity

List licensing requirements can be found in our prior blog posts here and here.

Authors: Andrea Tovar, Eunkyung Kim Shin and Paul E. Amberg.

OFAC issues Mali Sanctions Regulations

On February 7, 2020, the Office of Foreign Assets Control (OFAC) published in

the Federal Register a final rule adding regulations (31 C.F.R. Part 355) to imple-

ment Executive Order 13882 of July 26, 2019 (“Blocking Property and Suspend-

ing Entry of Certain Persons Contributing to the Situation in Mali”). OFAC intends

to supplement these regulations with a more comprehensive set of regulations,

https://sanctionsnews.bakermckenzie.com/us-government-amends-and-reissues-directives-1-and-2-under-us-sectoral-sanctions/

https://sanctionsnews.bakermckenzie.com/us-government-amends-sanctions-on-dealings-with-russian-energy-sector-and-issues-guidance-regarding-russia-sanctions/

https://urldefense.com/v3/__https:/lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDgsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDAyMTguMTczNjIyNDEiLCJ1cmwiOiJodHRwczovL3d3dy50cmVhc3VyeS5nb3YvcmVzb3VyY2UtY2VudGVyL2ZhcXMvU2FuY3Rpb25zL1BhZ2VzL2ZhcV9vdGhlci5hc3B4IzgxNyJ9.bcy4x-4RpkL88YfYQ6wgLveijj07yURJwrYYaRK0MS8/br/75130291507-l__;!!Hj9Y_P0nvg!HiUsIzw6amufAwD_9Cvi8gwvMAQZo_WIX4hyiulKzGXLQoIFe3H6ttrK6VlKhqbP0LCr3ro$

https://sanctionsnews.bakermckenzie.com/bis-announces-addition-of-parties-to-u-s-entity-list/

https://sanctionsnews.bakermckenzie.com/bis-publishes-new-export-controls-targeting-russian-energy-and-defense-companies-and-military-end-uses-in-russia/





Baker McKenzie


8490545-v4\WASDMS

35

which may include additional interpretive and definitional guidance, general li-

censes, and statements of licensing policy.

Restrictive measures and additions to OFAC, State, BIS blocking orders, designations, sanctions and entity lists

During the past month, the following notices adding, removing or continuing 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

02-03-20 OFAC: Notice of OFAC Sanctions Actions (N) [8 individuals, 1 entity]

02-10-20 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals, 2 entities]

02-14-20 STATE: Imposition of Nonproliferation Measures Against Foreign Persons, In-cluding a Ban on US Government Procurement (N) [13 persons]

02-19-20 OFAC: Notice of OFAC Sanctions Actions (N) [2 individuals, 27 entities]

02-21-20 OFAC: Notice of OFAC Sanctions Actions (N) [1 individual, 1 entity]

02-24-20 OFAC: Notice of OFAC Sanctions Actions (N) [1 entity]

02-25-20 OFAC: Notice of OFAC Sanctions Actions (N) [4 individuals]

OTHER COVERAGE

Treasury makes corrections to investment regulations

On February 14, 2020, the Office of Investment Security, Department of the

Treasury, published in the Federal Register a final rule making technical correc-

tions to two final rules implementing provisions of section 721 of the Defense

Production Act of 1950, as amended by the Foreign Investment Risk Review

Modernization Act of 2018 that were published on January 17, 2020 (Provisions

Pertaining to Certain Investments in the United States by Foreign Persons and

Provisions Pertaining to Certain Transactions by Foreign Persons Involving Real

Estate in the United States; 85 Fed. Reg. 3112 and 85 Fed. Reg. 3158). The cor-

rected rules were effective February 13, 2020.

Treasury publishes list of countries requiring cooperation with an in-ternational boycott

On February 10, 2020, the Department of the Treasury published in the Federal

Register a current list of countries which require or may require participation in,

or cooperation with, an international boycott (within the meaning of section

999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best infor-

mation currently available to the Department of the Treasury, the following coun-

tries require or may require participation in, or cooperation with, an international

boycott Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab

Emirates and Yemen.

Treasury, Commerce, Homeland Security, Defense and State meetings and notices related to trade

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; DOD = DEP’T OF DEFENSE; FINCEN =

FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN AS-

SETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE.

[Note: Only meetings which occur after scheduled distribution of this Update are listed.]










Baker McKenzie


8490545-v4\WASDMS

36

F.R. Date Subject

02-03-20 STATE: Covered Claims under the Promoting Security and Justice for Victims of Terrorism Act of 2019 [Public Notice: 11018] (N)

02-04-20 STATE: United States Proposals and Positions for the U.S. Delegation to the 2020 World Telecommunication Standardization Assembly (WTSA– 2020) [Pub-lic Notice: 11020] (N/RFC)

02-06-20 BIS: Proposed Information Collection; Comment Request; Technology Letter of Explanation (N)

02-07-20 ITA: Advisory Committee on Supply Chain Competitiveness Solicitation of Nomi-nations for Membership (N)

02-07-20 NIST: Guidance on Federal Conformity Assessment Activities [Docket No.: 191210–0104] (PR)

02-11-20

DoD: Defense Federal Acquisition Regulation Supplement: Prohibition on Cer-tain Telecommunications and Video Surveillance Services or Equipment [Docket DARS–2020–0008] (N/H) [March 2, 2020]

ITA: Notice of a Roundtable on Capturing the Value of Digital Services in Indus-trial Machinery (N/H) [March 11, 2020]

02-18-20 ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Ar-ticles of Cheese Subject to an In-Quota Rate of Duty

02-18-20 STATE: Defense Trade Advisory Group; Notice of Membership [Public Notice: 11030] (N)

02-19-20 FINCEN: Financial Crimes Enforcement Network; Inflation Adjustment of Civil Monetary Penalties (FR)

02-21-20

BIS: Materials and Equipment Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [March 12, 2020]

BIS: Regulations and Procedures Technical Advisory Committee; Notice of Par-tially Closed Meeting (N/H) [March 10, 2020]

BIS: Transportation and Related Equipment Technical Advisory Committee; No-tice of Partially Closed Meeting (N/H) [March 11, 2020]

02-24-20 ITA: Solar Photovoltaic (PV) Value Chain Industry Roundtable (N/H) [March 19]

02-25-20

BIS: Submission for OMB Review; Comment Request (OMB Control No.: 0694–0004) (N) [Foreign Availability Procedures]

BIS: Submission for OMB Review; Comment Request (OMB Control No.: 0694–0012) (N) [Report of Requests for Restrictive Trade Practice or Boycott. Form Number(s): BIS–621P, BIS– 6051P, BIS–6051 P–a]

BIS: Submission for OMB Review; Comment Request (OMB Control No.: 0694–0134) (N) [Procedure for Parties on the Entity List and Unverified List to Request Removal or Modification of Their Listing]

STATE: Commercial Participation in Domestic and International Events on Safety, Sustainability, and Emerging Markets in Outer Space [Public Notice 11025] (N/H)

02-27-20 NIST: Request for Information Regarding Manufacturing USA Institutes and Pro-cesses [Docket No.: 200213-0056] (RFI)

02-28-20

US PATENT AND TRADEMARK OFFICE (USPTO): Submission for OMB Review; Comment Request; Secrecy and License To Export (OMB Control Number: 0651–0034) DHS: Disclosure of Records and Information Regulations; Technical Amend-ment [Docket No. DHS–2020–0003] (FR)

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

02-18-20 FTC: Rules and Regulations Under the Textile Fiber Products Identification Act (PR)

02-21-20 FTC: Guides Concerning the Use of Endorsements and Testimonials in Adver-tising (RFC)









































Baker McKenzie


8490545-v4\WASDMS

37

F.R. Date Subject

02-25-20 CPSC: Revisions to Safety Standard for Portable Bed Rails (FR)

FDA and other HHS Federal Register documents

The Food and Drug Administration (FDA) or the Department of Health and Hu-

man Services (HHS) have posted the following Federal Register guides, notices

or documents which may be of interest to international traders:

F.R. Date Subject

02-04-20 FDA: Food Labeling: Revision of the Nutrition and Supplement Facts Labels; Small Entity Compliance Guide; Availability [Docket No. FDA–2012–N–1210] (N)

02-05-20

FDA: Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary Qualified Importer Program [Docket No. FDA–2011–N–0144; ] (N)

FDA: Agency Information Collection Activities; Submission for Office of Manage-ment and Budget Review; Comment Request; Hazard Analysis and Critical Control Point Procedures for the Safe and Sanitary Processing and Importing of Juice [Docket No. FDA–2013–N–1427; OMB Control No. 0910–0466 ]

02-06-20

FDA: Agency Information Collection Activities; Proposed Collection; Comment Request; Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 [Docket No. (N) FDA-2010-N-0118]

02-12-20 CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC), HHS: Control of Com-municable Diseases; Foreign Quarantine [CDC Docket No. CDC-2020-0013] (IR/RFC)

02-21-20 FDA: Food Standards; General Principles and Food Standards Modernization; Reopening of the Comment Period [Docket No. FDA-1995-N-0062 (formerly 1995N-0294)] (PR/RO)

02-24-20 CDC: Collection of Certain Data Regarding Passengers and Crew Arriving From Foreign Countries by Airlines (Order)

APHIS announces full message set in ACE

On February 3, 2020, the Animal and Plant Health Inspection Service (APHIS)

published in the Federal Register a notice [Docket No. APHIS-2017-0069] an-

nouncing full implementation of the APHIS Core Message Set in the Automated

Commercial Environment/International Trade Data System (ACE/ITDS) for the

electronic submission of data required by APHIS Animal Care, Biotechnology

Regulatory Services, Plant Protection and Quarantine, and Veterinary Services.

APHIS intends to begin applying Harmonized Tariff Schedule flags, which will

alert filers who opted to submit electronically using ACE. Full implementation of

the message set will bring APHIS into compliance with the mandates of the Se-

curity and Accountability For Every Port Act of 2006 and Executive Order 13659.

The information collected will enhance APHIS’ ability to make data-driven policy

decisions, improve risk analysis/assessments, and enhance ability to respond to

changing pest/disease conditions. APHIS will consider all comments that it re-

ceives on or before March 4, 2020.

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-




















Baker McKenzie


8490545-v4\WASDMS

38

national traders. [USDA=Office of the Secretary, CCC= Commodity Credit Corpo-

ration, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service,

FSIS=Food Safety Inspection Service]:

F.R. Date Subject

02-03-20

AMS: National Bioengineered Food Disclosure Standard; Draft Instructions on Testing Methods [Document No. AMS-FTPP-19-0112] (N/RFC)

APHIS: International Trade Data System: Timeline for Enforcing APHIS Core Message Set Flags in the Automated Commercial Environment [Docket No. APHIS-2017-0069] (N/RFC)

US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Com-mittee on Pesticide Residues (N/H)

02-05-20 CCC: Pima Agriculture Cotton Trust Fund and Agriculture Wool Apparel Manu-facturers Trust Fund (FR)

02-14-20 AMS: Grain Fees for Official Inspection and Weighing Services under the United States Grain Standards Act (USGSA) [Doc. No. AMS-FGIS-19-0107] (N)

02-24-20

AMS: Peanut Standards Board; Request for Nominations [Doc. No. AMS-SC-20-0005; SC20-996-1] (N)

US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Com-mittee on Methods of Analysis and Sampling (N/H) [April 16, 2020]

02-26-20

US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Com-mittee on Contaminants in Foods (N/H) [March 23, 2020]

US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Pesticide Residues (N/H) [Postponed due to Coronavirus (COVID-19)]

02-28-20 APHIS: Establishment of Regulations for the Evaluation and Recognition of the Animal Health Status of Compartments [Docket No. APHIS–2017–0105] (FR)

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

02-04-20 ENERGY: Energy Conservation Program: Test Procedure for External Power Supplies [EERE–2019–BT–TP–0012] (RFC/E)

02-06-20 ENVIRONMENTAL PROTECTION AGENCY (EPA). Renewable Fuel Standard Pro-gram: Standards for 2020 and Biomass-Based Diesel Volume for 2021 and Other Changes [EPA-HQ-OAR-2019-0136; FRL-10003-79-OAR]

02-06-20 TRANSPORTATION (DOT): Notice of Request for Comments: Ensuring American Leadership in Automated Vehicle Technologies: Automated Vehicles 4.0 (AV 4.0) [Docket No. DOT–OST–2019–0179] (N/RFC)

02-11-20 EPA: Banda de Lupinus Albus Doce (BLAD); Proposal To Revoke Exemption and Establish Pesticide Tolerances [EPA–HQ–OPP–2015–0230; FRL–9998–74] (PR)

02-14-20

ENERGy: Energy Conservation Program for Appliance Standards: Procedures for Use in New or Revised Energy Conservation Standards and Test Proce-dures for Consumer Products and Commercial/Industrial Equipment [EERE-2017-BT-STD-0062] (FR)

ENERGY: Energy Conservation Program for Appliance Standards: Procedures for Evaluating Statutory Factors for Use in New or Revised Energy Conserva-tion Standards [EERE-2017-BT-STD-0062] (PR)

EPA: Ethylenebis(oxyethylene) bis[3-(5-tert-butyl-4-hydroxy-m-tolyl) propio-nate]; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2019-0129; FRL-10002-96] (FR)

EPA: Propanamide, 2-hydroxy-N, N-dimethyl-; Exemption from the Require-ment of a Tolerance [EPA-HQ-OPP-2019-0279; FRL-10003-07] (FR)

EPA: Acetamiprid; Pesticide Tolerances [EPA-HQ-OPP-2018-0784; FRL-10004-12] (FR)




















http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR






















Baker McKenzie


8490545-v4\WASDMS

39

F.R. Date Subject

EPA: Chlorfenapyr; Pesticide Tolerances [EPA-HQ-OPP-2018-0783; FRL-10004-05] (FR)

EPA: Cyantraniliprole; Pesticide Tolerances [EPA-HQ-OPP-2017-0694; FRL-10004-23] (FR)

EPA: Difenoconazole; Pesticide Tolerances [EPA-HQ-OPP-2018-0718 and EPA-HQ-OPP-2019-0076; FRL-10002-06] (FR)

EPA: Flutriafol; Pesticide Tolerances [EPA-HQ-OPP-2018-0297; FRL-10004-03] (FR)

EPA: Prohexadione Calcium; Pesticide Tolerances [EPA-HQ-OPP-2018-0785; FRL-10003-04] (FR)

02-19-20 ENERGY: Energy Conservation Program: Test Procedures for Consumer Refrig-erators, Refrigerator-Freezers, and Freezers [EERE-2017-BT-TP-0004] (PR)

02-24-20 US FISH & WILDLIFE SERVICE (FWS): Civil Penalties; 2020 Inflation Adjustments for Civil Monetary Penalties [Docket No. FWS–HQ–LE–2019–0114; FF09L00200–FX–LE12200900000] (FR)

02-26-20

EPA: Final Designation of Low-Priority Substances under the Toxic Sub-stances Control Act (TSCA); Notice of Availability [EPA-HQ-OPPT-2019-0450; FRL-10004-82] (N)

OFFICE OF MANAGEMENT AND BUDGET (OMB): 2017 North American Industry Classification System (NAICS)— Updates for 2022; Update of Statistical Policy Directive No. 8, Standard Industrial Classification of Establishments; and Elimi-nation of Statistical Policy Directive No. 9, Standard Industrial Classification of Enterprises

02-27-20 US-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION (USCESRC): Notice of open public hearing (N/H) March 13, 2020]

ANTIDUMPING AND SUBSIDIES

USTR designates developing and least-developed countries under CVD law and removes Part 2013 from the regulations


Federal Register a SR designating World Trade Organization (WTO) Members

that are eligible for special de minimis countervailable subsidy and negligible im-

port volume standards under the countervailing duty (CVD) law. The designa-

tions include 44 countries as Least-Developed Countries and 35 countries as de-

veloping countries.

On the same date, USTR published a final rule removing the USTR’s rules (15

C.F.R. Part 2013) that contain the designations superseded by the notice indi-

cated above. In order to provide more timely updates, USTR has determined that

giving notice in the Federal Register rather than through a rulemaking is prefera-

ble. Removal of part 2013 also is consistent with the goals of Executive Order

13771, Reducing Regulation and Controlling Regulatory Cost (January 30,

2017).

Summary of USITC practice relating to APOs published

On February 10, 2020, the US International Trade Commission (USITC) pub-

lished in the Federal Register a summary of Commission practice relating to ad-

ministrative protective orders (APOs). Since February 1991, the USITC has pub-

lished in the Federal Register reports on the status of its practice with respect to

breaches of its APOs under title VII of the Tariff Act of 1930, in response to a di-

rection contained in the Conference Report to the Customs and Trade Act of

1990. Over time, the Commission has added to its report discussions of APO

breaches in USITC proceedings other than under title VII, and violations of the

USITC’s rules, including the rule on bracketing business proprietary information























Baker McKenzie


8490545-v4\WASDMS

40

(the “24-hour rule”). The notice provides a summary of APO breach investiga-

tions completed during fiscal years 2018 and 2019. The USITC intends for this

report to inform representatives of parties to USITC proceedings of the specific

types of APO breaches before the USITC and the corresponding types of actions

that the USITC has taken.

USTR designates developing and least-developed countries under the CVD law and removes the regulations for future designations

On February 10, 2020, the Office of the United States Trade Representative

(USTR) published in the Federal Register a notice designating World Trade Or-

ganization (WTO) Members that are eligible for special de minimis countervaila-

ble subsidy and negligible import volume standards under the countervailing duty

(CVD) law. .USTR also published in the same Federal Register a separate final

rule removing the USTR rules (15 C.F.R. Part 2013) that contain the designa-

tions superseded by the notice. In the future, giving notice rather than rulemaking

will be used.

Commerce modifies CVD rules regarding benefit and specificity

On February 3, 2020, Enforcement and Compliance, International Trade Admin-

istration, Department of Commerce published in the Federal Register a final rule

[Docket No. 200128–0035] that modifies that modifies 19 C.F.R. 351.502 and

adds 19 C.F.R. 351.528 pertaining to the determination of benefit and specificity

in countervailing duty proceedings. These modifications clarify how Commerce

will determine the existence of a benefit when examining a subsidy resulting from

currency undervaluation and clarify that companies in the traded goods sector of

the economy can constitute a group of enterprises for purposes of determining

whether a subsidy is specific. The rule is effective on, and will apply to all seg-

ments of proceedings initiated on or after, April 6, 2020.

Commerce publishes notice of scope rulings

On February 12, 2020, the International Trade Administration, Department of

Commerce published in the Federal Register a list of scope rulings and anticir-

cumvention determinations made during the period July 1, 2019 through Septem-

ber 30, 2019. Commerce intends to publish future lists after the close of the next

calendar quarter. The list follows:

Countries ITA Case № and Merchandise

SCOPE RULINGS

Mexico A-201-845 and C-201-846: Sugar

China

A-570-914 and C-570-915: Light-Walled Rectangular Pipe and Tube

A-570-601: Tapered Roller Bearings

A-570-909: Certain Steel Nails

South Korea A-580-870: Certain Oil Country Tubular Goods

Thailand A-549-502: Circular Welded Carbon Steel Pipes and Tubes

ANTI-CIRCUMVENTION DETERMINATIONS

China A-570-900: Diamond Sawblades and Parts Thereof

A-570-967 and C-570-968: Aluminum Extrusions







Baker McKenzie


8490545-v4\WASDMS

41

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].(dd-mm-yy)

BO Date Subject

05-02-20

PRODUCTIVE DEVELOPMENT – NAT. DIR. OF INDUSTRY: Disp. 101/2020 (04-02-20) DI-2020-101-APN-DNI # MPYT [quota for importation of certain hybrid, electric and fuel cell (hydrogen), complete, both fully assembled (CBU), and semi-dis-assembled (SKD) and fully disassembled (CKD) motor vehicles]

PRODUCTIVE DEVELOPMENT – NAT. DIR. OF INDUSTRY: Disp. 102/2020 (04-02-20) DI-2020-102-APN-DNI # MPYT [quota for importation of engines propelled by CNG or LNG or Biogas..]

10-02-20

FEDERAL ADMIN. OF PUBLIC REVENUES (AFIP): General Resolution 4674/2020 RESOG-2020-4674-E-AFIP-AFIP - Import. Merchandise Identification Regime. Resolution No. 2,522 (ANA) of October 1, 1987, its amendments and complementary. Modification

12-02-20

FOREIGN AFFAIRS: Law № 24.080 - Entry Into Force on 15 February 2020 of the Economic Complementation Agreement № 18 Celebrated Between Argentina, Brazil, Paraguay and Uruguay (AAP.CE / 18) - Hundred Eighty-Seventh Addi-tional Protocol.

13-02-20

PRODUCTIVE DEVELOPMENT – NAT. DIR. OF INDUSTRY: Resolution 13/2020 (11-02-20) RESOL-2020-13-APN-SIECYGCE # MDP re: import operations of goods to the continental territory from the Special Customs Area of the Big Island of Tierra del Fuego




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

12-02-20

SECEX Cir. № 10 (11-02-20) Opens public consultation so that suggestions for changes can be presented in the preliminary version of the Guide for Support-ing Brazilian Exporters Investigated in Commercial Defense Processes Abroad.

SECEX Portaria № 14 (11-02-20) The special non-preferential origin verification procedure ends, with the disqualification of the Malaysian origin for the cold rolled product (NCM 7219.32.00, 7219.33.00, 7219.34.00, 7219.35.00 and 7220.20.90), declared as produced by EXCEL METAL INDUSTRIES SDN BHD.

19-02-20

SECEX Portaria № 15 (18-02-20) The special non-preferential origin verification procedure ends, with the disqualification of the Malaysian origin for the cold rolled product, classified in sub-items 7219.32.00, 7219.33.00, 7219.34.00, 7219.35.00 and 7220.20.90 of the NCM, declared as produced by the company YANKONG STAINLESS SDN. BHD

https://www.boletinoficial.gob.ar/detalleAviso/primera/225104/20200205
















http://www.mdic.gov.br/images/REPOSITORIO/secex/gab/circulares_secex_2020/Circular_SECEX_10_2020.pdf



http://www.mdic.gov.br/images/REPOSITORIO/secex/gab/portarias_secex_2020/Portaria_SECEX_014_2020.pdf









Baker McKenzie


8490545-v4\WASDMS

42

DOU Date Subject

20-02-20

CAMEX Res. № 14 (19-02-20) Changes the Import Tax rates levied on the Capital Goods it mentions to zero percent, as Ex-Tariffs

CAMEX Res. № 15 (19-02-20) Changes the Import Tax rates levied on the IT and Telecommunications Goods that it mentions, as Ex-Tariffs, to zero percent.




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].

Date Subject

11-02-20 HACIENDA: Excerpt from Resolution № 500, of 2020.- Modifies Compendium of Customs Regulations

15-02-20 HACIENDA: Exempt Decree № 39 of 2020.- Applies customs duty reductions for the importation of wheat and wheat or morcajo flour

20-02-20 HACIENDA: Extract of Exempt Resolution № 497, of 2020.- Modifies Compen-dium of Customs Regulations

22-02-20 HACIENDA: Excerpt from exempt resolution number 653, of 2020.- Creates An-nex 94 and modifies Appendix II of Chapter IV of the Compendium of Customs Regulations

26-02-20

HACIENDA: Exempt Decree № 46, of 2020.- Applies customs duty reductions for the importation of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and sub-standards

HACIENDA: Excerpt from exempt Resolution № 718, of 2020.- Establishes the rules of procedure for the exercise of the disciplinary jurisdiction of the National Customs Director

28-02-20 HACIENDA: Extract of Exempt Resolution № 709, of 2020.- Adapts the regula-tions of the Free Zones Manual, resolution № 74, of 1984, for law № 18.392 85

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 the

present 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.

http://www.camex.gov.br/resolucoes-camex-e-outros-normativos/58-resolucoes-da-camex/2657-resolucao-n-14-de-19-de-fevereiro-de-2020




http://normativa.aduana.cl/prontus_normativa/site/edic/base/port/normativa.html

http://www.diariooficial.cl/

http://www.diariooficial.cl/

http://www.doe.cl/e-diarios/2020-02-12/1724833.pdf

















http://www.aduana.gov.cl/res-anticipadas-clasificacion-ano-2018/aduana/2018-01-22/081005.html

http://www.aduana.gov.cl/res-anticipadas-clasificacion-ano-2018/aduana/2018-01-22/081005.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

Baker McKenzie


8490545-v4\WASDMS

43

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

01-01-20 DIAN: Cir. 003681 of 2020 Ad-Valórem levies applicable to reference agricul-tural products, their substitutes, agro-industrial products or by-products

07-01-20 DIAN: Resolution 000003 of 2020 Resolution declaring the remission of minor obligations

11-01-20 MINCIT: Circular 002 Circular modification 028 of December 27, 2019 [Single Window for Foreign Trade- VUCE]

27-01-20 DIAN: Resolution 000007 of 2020 Whereby the Special Import Declaration is created and other provisions are issued

01-02-20 MINCIT: Circular 001 Values of the BACEX computer service and photocopies of import registrations and licenses - Validity 2020

14-02-20 MinCIT: Decree 199 of February 10, 2020, “whereby the Customs Tariff is par-tially modified to establish tariff splitting and tariffs, and a complementary note is created”.

PERU

Tariff Classification database

A searchable Tariff Classification Resolution (ruling) database (from 2006

through the present) is available. It may be searched by the tariff number, reso-

lution number, or description. The database currently has approximately 7400

resolutions, some with photographs.

SUNAT and El Peruano publications

The following documents of interest to international traders were posted during

the past month by SUNAT (National Customs Superintendent and Tax Admin-

istration) or in the legal standards section of El Peruano (the Official Gazette)

(dd-mm-yy):

Date Subject

06-02-20

NATIONAL INSTITUTE OF DEFENSE OF COMPETITION AND PROTECTION OF INTELLECTUAL

PROPERTY (INDECOPI): Res. No. 010-2020 / CBD-INDECOPI Initiated the in-vestigation procedure for alleged dumping practices in imports of 100% white and other raw white polyester fabrics; originating in China

INDECOPI: Res. No. 011-2020 / CBD-INDECOPI - Declared the beginning of the review procedure for the expiration of measures to definitive anti-dumping duties taxes on imports of pure biodiesel and other mixtures originating in the USA

09-02-20 EXTERNAL RELATIONS: International Agreements - Entry into force of the Free Trade Agreement between the Republic of Peru and Australia

10-02-20 EXTERNAL RELATIONS: Free Trade Agreement - Free Trade Agreement between the Republic of Peru and Australia (Legal text)

12-02-20

EXTERNAL RELATIONS: Entry into force of the First Modifying Protocol to the Addi-tional Protocol to the Framework Agreement of the Pacific Alliance

EXTERNAL RELATIONS: Entry into force of the Second Protocol Modifying the Addi-tional Protocol to the Framework Agreement of the Pacific Alliance

EXTERNAL RELATIONS: Second Protocol Modifying the Additional Protocol to the Framework Agreement of the Pacific Alliance

EXTERNAL RELATIONS: First Protocol Modifying the Additional Protocol to the Framework Agreement of the Pacific Alliance

https://www.mincomercio.gov.co/publicaciones.php?id=238

http://www.minhacienda.gov.co/HomeMinhacienda

http://www.dian.gov.co/

https://www.dian.gov.co/normatividad/Normatividad/Circular%20003681%20de%2001-01-2020.pdf

https://www.dian.gov.co/normatividad/Normatividad/Resoluci%C3%B3n%20000003%20de%2007-01-2020.pdf

http://www.mincit.gov.co/getattachment/90a071c1-783c-431f-8de8-c3eb68ea8485/Circular-002.aspx

https://www.dian.gov.co/normatividad/Normatividad/Resoluci%C3%B3n%20000007%20de%2027-01-2020.pdf

http://www.mincit.gov.co/getattachment/e58ca864-a2ea-482a-96cb-7cf4580d8e1d/Circular-001-Valores-del-servicio-informatico-BACE.aspx

http://www.mincit.gov.co/getattachment/e58ca864-a2ea-482a-96cb-7cf4580d8e1d/Circular-001-Valores-del-servicio-informatico-BACE.aspx

http://www.mincit.gov.co/getattachment/1aede85e-c062-4622-ab6b-ae2d391ef8d0/Decreto-199-del-10-de-febrero-de-2020-por-el-cual.aspx



http://www.aduanet.gob.pe/ol-ad-caInter/regclasInterS01Alias

http://www.sunat.gob.pe/legislacion/aduanera/index.html

http://www.elperuano.com.pe/edicion/

https://busquedas.elperuano.pe/normaslegales/disponen-inicio-de-procedimiento-de-investigacion-por-presun-resolucion-n-010-2020cdb-indecopi-1852453-1/



https://busquedas.elperuano.pe/normaslegales/declaran-inicio-de-procedimiento-de-examen-por-expiracion-de-resolucion-n-011-2020cdb-indecopi-1852449-1/




https://busquedas.elperuano.pe/normaslegales/entrada-en-vigencia-del-acuerdo-de-libre-comercio-entre-la-convenio-convenios-internacionales-1852380-1/

https://busquedas.elperuano.pe/normaslegales/entrada-en-vigencia-del-acuerdo-de-libre-comercio-entre-la-convenio-convenios-internacionales-1852380-1/

https://elperuano.pe/NormasElperuano/2020/02/10/1852371-1/1852371-1.htm



https://busquedas.elperuano.pe/normaslegales/entrada-en-vigencia-del-primer-protocolo-modificatorio-del-convenio-convenios-internacionalesprimer-protocolo-1854351-1/

https://busquedas.elperuano.pe/normaslegales/entrada-en-vigencia-del-primer-protocolo-modificatorio-del-convenio-convenios-internacionalesprimer-protocolo-1854351-1/

https://busquedas.elperuano.pe/normaslegales/entrada-en-vigencia-del-segundo-protocolo-modificatorio-del-convenio-convenios-internacionales-segundo-protocolo-1854352-1/

https://busquedas.elperuano.pe/normaslegales/entrada-en-vigencia-del-segundo-protocolo-modificatorio-del-convenio-convenios-internacionales-segundo-protocolo-1854352-1/

https://busquedas.elperuano.pe/normaslegales/segundo-protocolo-modificatorio-del-protocolo-adicional-al-a-convenio-segundo-protocolo-modificatorio-1854353-1/

https://busquedas.elperuano.pe/normaslegales/segundo-protocolo-modificatorio-del-protocolo-adicional-al-a-convenio-segundo-protocolo-modificatorio-1854353-1/

https://busquedas.elperuano.pe/normaslegales/primer-protocolo-modificatorio-del-protocolo-adicional-al-ac-convenio-primer-protocolo-modificatorio-1854354-1/

https://busquedas.elperuano.pe/normaslegales/primer-protocolo-modificatorio-del-protocolo-adicional-al-ac-convenio-primer-protocolo-modificatorio-1854354-1/

Baker McKenzie


8490545-v4\WASDMS

44

Date Subject

21-02-20

FOREIGN TRADE AND TOURISM (MINCETUR): Ministerial Resolution № 049-2020-MINCETUR It extends the scope of the delegation granted by the Ministry to the Chinchana Chamber of Commerce Industry Tourism Services and Agricul-ture so that it can issue Certificates of Origin to goods produced throughout the national territory

27-02-20 EXTERNAL RELATIONS: Supreme Res. № 039-2020-RE - The functions of the Per-manent Representative of Peru to the Latin American Integration Association (ALADI) and to MERCOSUR are terminated

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

Peru–Australia FTA enters into force

The Peru-Australia Free Trade Agreement (PAFTA) entered into force on 11

February 2020. Australian Customs Notice (ACN) 2020/07 provides information

on the following:

Definition of Peruvian originating goods

Determining preferential rates of customs duty

Claiming preferential rates of customs duty

Refund circumstances

Further information about PAFTA is available on the Australian Border Force

website, www.abf.gov.au/importing-exporting-and-manufacturing/free-trade-

agreements/peru and on the Department of Foreign Affairs and Trade website,

https://dfat.gov.au/trade/agreements/Pages/trade-agreements.aspx.

Australia-Hong Kong FTA enters into force

The Australia-Hong Kong Free Trade Agreement (A-HKFTA) entered into force

on 17 January 2020. Because Hong Kong is a Special Administrative Region of

the People’s Republic of China, it is a separate customs territory from the PRC

and may enter into its own trade agreements. It is not covered by the Australia-

China FTA, which entered into force on 20 December 2015.

The A-HKFTA, among other things, set out comprehensive provisions for trade in

goods and services, and related customs procedures and rules of origin for

claiming preferential rates of customs duty. These rules determine whether

goods imported into Australia from the territory of Hong Kong, China are Hong

Kong originating goods, and are thereby eligible for preferential rates of customs

duty.

Schedule 13 of the Customs Tariff Act 1995 (Customs Tariff Act) sets out the

preferential customs duty rates that apply to Hong Kong originating goods.

Goods classified to tariff subheadings not listed in Schedule 13 have a ‘Free’ rate

of duty from the date A-HKFTA enters into force. On entry into force, all Hong

Kong originating goods are entitled to a ‘Free’ rate of duty, except for excise-

equivalent goods. The customs duties applied to Hong Kong originating excise-

https://busquedas.elperuano.pe/normaslegales/amplian-ambito-de-la-delegacion-otorgada-por-el-ministerio-a-resolucion-ministerial-n-049-2020-mincetur-1857023-1/






https://busquedas.elperuano.pe/normaslegales/dan-por-terminadas-las-funciones-del-representante-permanent-resolucion-suprema-n-039-2020-re-1859670-15/



https://www.abf.gov.au/help-and-support-subsite/CustomsNotices/2020-07.pdf

https://dfat.gov.au/trade/agreements/Pages/trade-agreements.aspx

Baker McKenzie


8490545-v4\WASDMS

45

equivalent goods are listed in Schedule 13 and will be indexed consistent with

the equivalent rates listed in Schedule 3 to the Customs Tariff Act.

Further information is available at the Australian Border Force A-HKFTA

webpage and on the Department of Foreign Affairs and Trade’s A-HKFTA web-

site. The Australian Border Force has prepared a Guide: “Free Trade Agreement

between Australia and Hong Kong, China (A-HKFTA) Rules of Origin - Guide to

claiming preferential tariff treatment under A-HKFTA for goods imported to Aus-

tralia.”

ABF notices and advices

The following Australian Border Force (ACN, Australian Customs Notices) and

Cargo advices (ACCA) were issued during the period covered by this Update:

Date Series and № Title

05-02-20 ACN 2020/07 Peru- Australia Free Trade Agreement Entry into Force

06-02-20 ACN 2020/08 Rates of exchange and the day of exportation

27-02-20 ACN 2020/10 Working Days and Hours

Australian Tariff Precedents

The Department of Immigration and Border Protection (DIBP) has published a

List of Current Precedents, updated through 13 June 2017. Tariff Precedents are

considered statements from Customs made to provide guidance on various clas-

sification issues. New information and tariff classification guides can be found on

Tariff Public Advice Products webpage




CHINA (INCLUDING HONG KONG SAR)

State Council Tariff Commission announcement on the Second Ex-emption List of Tariffs on United States goods

Tariff Commission Announcement [2020] No. 3 of February 21, 2020, indicates

that the State Council Customs Tariff Commission reviewed valid applications

submitted by applicants and decided to grant exclusions from the second batch

of tariffs imposed on goods from the United States in two lists. The related mat-

ters are announced as follows:

For goods listed in List 1, from February 28, 2020 to February 27, 2021 (one year), the tariffs imposed as countermeasures against the US 301 measures will no longer be levied. The customs duties and taxes that have been levied shall be refunded, and the relevant import enterprises shall apply to the customs for pro-cessing within 6 months from the date of publication of the exclusion list.

For the goods listed in List 2, from February 28, 2020 to February 27, 2021 (one year), the tariffs imposed as countermeasures against the US 301 measures will no longer be levied. Duties collected will not be refunded.

The Customs Tariff Commission of the State Council will continue to exclude tar-

iffs on the United States, and publish a subsequent batch of exclusion lists in due

course. Exclusions for items covered in the lists apply product-wide, regardless

of quantity or purchasing company. These exclusions are already guaranteed,

and no application is necessary.

https://www.abf.gov.au/importing-exporting-and-manufacturing/free-trade-agreements/hong-kong

https://www.abf.gov.au/importing-exporting-and-manufacturing/free-trade-agreements/hong-kong

https://dfat.gov.au/A-HKFTA

https://dfat.gov.au/A-HKFTA

https://www.abf.gov.au/free-trade-agreements/files/ahkfta-guide.pdf







https://www.abf.gov.au/tariff-classification-subsite/files/list-current-precedents.pdf

https://www.abf.gov.au/importing-exporting-and-manufacturing/tariff-classification/tariff-public-advice-products

http://gss.mof.gov.cn/gzdt/zhengcefabu/202002/t20200221_3472600.htm

http://gss.mof.gov.cn/gzdt/zhengcefabu/202002/P020200221548080947968.pdf


Baker McKenzie


8490545-v4\WASDMS

46

The exclusions that have been issued so far are shown below, in a chart based

on one prepared by the US-China Business Council

Date List No. Number of Exclusions

Refunds on Duties Col-

lected? Dates Effective

Product Links

9/11/191 1 1 12 Yes 9/17/2019-

9/16/2020

Link

2 4 No Link

12/19/192 2 6 No 12/26/2019-12/25/2020

Link

2/21/203 1 1 55 Yes 2/28/2020-

2/27/2021

Link

2 10 No Link

Notes: 1. Tariff Commission Announcement [2019] No. 6 2. Tariff Commission Announcement [2019] No. 8 3. Tariff Commission Announcement [2020] No. 3

Tariff Commission announces procedure for “commodity marketiza-tion procurement” exclusions for certain US goods

Tariff Commission Announcement [2020] No. 2 of February 17, 2020, establishes

a procedure to apply for exclusions for 696 “market-based procurement of tariff-

collected commodities” for goods from the United States subject to the Sec. 301

countermeasures. An application must be made after March 2, 2020, on the Min-

istry of Finance’s exclusion declaration website by a Chinese enterprise that in-

tends to sign a contract to purchase and import certain goods from the United

States. The exclusion requests must generally be for goods on list attached to

the announcement. However, for products that are not on the list, the applicant

may submit an application for adding products. The Tariff Commission will re-

view the valid applications, and notify the applicants of the results of the exclu-

sions in a timely manner through the exclusion declaration system. The approved

quantity of imports will be excluded for a period of one year. Excess amounts will

be subject to the additional duties and taxes. The exclusions are not retroactive

so duties and taxes paid before an exclusion is granted will not be refunded. The

above-mentioned exclusion measures shall also apply to the overfilled commodi-

ties clearly stipulated in the import contract and the quantity is within 10% (inclu-

sive). There are other requirements as well and the exclusions only apply to the

enterprise requesting the exclusion.

On February 28, 2020, the Office of the Customs Tariff Commission of the State

Council issued the “Operation Guide for the Application of Exemption of Market-

based Procurement of Tariff Commodities to the United States”. Enterprises can

download the Guide from the website of the Tariff Policy Research Center of the

Ministry of Finance. On March 2, 2020, the US-Canada tariff-exclusion declara-

tion system will begin accepting market-based purchase exclusion applications.

Companies are welcome to register and actively file applications.

China announces reduction in additional tariffs for US goods

On February 6, 2020, the State Council Tariff Commission announced that “in or-

der to promote the healthy and stable development of Sino-US economic and

trade relations,” effective at 13:01 on February 14, 2020, the “Announcement of

the Tariff Commission of the State Council on Imposing Tariffs on Certain Im-

ported Products (Third Batch) Originating in the United States” (Tariff Commis-

sion Announcement [2019, No. 4) would be adjusted by reducing the additional

duties. The additional duty-rate for 270 and 646 tax items listed in Parts 1 and 2

http://gss.mof.gov.cn/zhengwuxinxi/zhengcefabu/201909/P020190911467873521723.pdf

http://gss.mof.gov.cn/zhengwuxinxi/zhengcefabu/201909/P020190911467873838893.pdf

http://www.mof.gov.cn/zhengwuxinxi/zhengcefabu/201912/P020191219362467972158.pdf




https://gszx.mof.gov.cn/



http://gss.mof.gov.cn/gzdt/zhengcejiedu/202002/t20200228_3475722.htm

https://gszx.mof.gov.cn/


Baker McKenzie


8490545-v4\WASDMS

47

of Annex 1 to the Announcement will be adjusted from 10% to 5%; the tariff in-

crease for the 64 and 737 tax items listed in Parts 3 and 4 Rate, adjusted from

5% to 2.5%. February 14 is the date that the Phase One agreement with the US

goes into effect. It is also the same date that the US will cut the additional rate for

goods from China on List 4A will be cut from 15% to 7.5%. Neither countries’ ad-

justments are listed in the Phase One agreement, although they were expected.

In addition to the above adjustments, other tariff measures on the United States

will continue to be implemented in accordance with regulations.

MOFCOM and GAC notices

The following Ministry of Commerce (MOFCOM), General Administration of Cus-

toms (GAC) and Customs Tariff Commission of the State Counsil (SCTC) notices

were posted during the period covered by this Update (mm-dd-yy):

Date Series and № Subject

01-17-20

Notice of the Develop-ment and Reform Com-

mission, Ministry of Commerce, Ministry of Finance, General Ad-

ministration of Customs ,General Administration of Taxation, of the State

Council

Market Expansion on the Expansion of Cross-border E-commerce Retail Import

02-06-20 SCTC Ann. No. 1

(2020)

Announcement of the State Council Tariff Commission (SCTC) on the adjustment of additional tariffs imposed on certain commodities originating from the United States

02-17-20 SCTC Ann. No. 2

(2020)

Announcement of the Customs Tariff Commission of the State Council on the Exemption of the U.S.-Canada Tariff Commodity Marketization Procurement Exclusion Work

02-18-20 MOFCOM Shang-

zongfa [2020] No. 30

Notice of Ministry of Commerce on Doing a Good Job of Stabilizing Foreign Trade and Foreign Investment to Promote Consumption

02-21-20 SCTC Ann. No. 3

(2020)

Announcement of the State Council Tariff Commission on the Second Exemption List of Tariffs on the United States and Canada

02-28-20 SCTC Policy Operation Guide for the Application of Exemption of Market-based Procurement of Tariff Commodities to the United States

Antidumping and Countervailing Duty Cases



Hong Kong Trade and Industry Dep’t (TID) notices and circulars

In addition to Circulars relating to trade with Hong Kong, many of these circulars

present an English translation of Mainland PRC documents related to trade. See:

https://www.tid.gov.hk/english/aboutus/tradecircular/cic/asia/2020/main-

land2020.html for the full list, many of which relate to the Covid-19 outbreak. (dd-

mm-yy)

http://www.mofcom.gov.cn/article/b/fwzl/202001/20200102931365.shtml


















https://www.tid.gov.hk/english/aboutus/tradecircular/cic/asia/2020/mainland2020.html

https://www.tid.gov.hk/english/aboutus/tradecircular/cic/asia/2020/mainland2020.html

Baker McKenzie


8490545-v4\WASDMS

48

Date Matter

04-02-20

Circular 84/2020- The Mainland of China : Notice Concerning Tax Exemption Policies On Imported Materials Related to Prevention and Control of Novel Coro-navirus Infection

Circular 85/2020 The Mainland of China : Notice by the Customs Tariff Commis-sion of the State Council Concerning No Additional Tariff Measures Against the United States on Imported Materials Related to Prevention and Control of Novel Coronavirus Infection

06-02-20 Circular 95/2020- The Mainland of China : “Lists on Matters Related to the Inter-mediary Services for Administrative Examination and Approval and Administra-tive Delegation in the Field of Commodity Import and Export”

11-02-20

Circular 104/2020 - The Mainland of China : Notice by the Customs Tariff Com-mission of the State Council Concerning Adjusting Additional Tariff Measures on Some Imported Goods Originated from the United States

Circular 105/2020- The Mainland of China : Adjustments to the “Explanatory Notes on Commodities and Items Related to Customs Import and Export Tariff” (Parts 3 to 5)

Circular 111/2020- The Mainland of China : Administrative Measures on Sam-pling Inspection Work Related to Food Safety

14-02-20

Circular 117/2020- The Mainland of China : “Notice on Effectively Fulfilling the Work Related to Further Facilitating the Application for Import and Export Li-censes by Enterprises During the Prevention and Control Period of the Epi-demic”

Circular 119/2020- The Mainland of China : Guangzhou’s “Notice on Several Measures for Facilitating Cross-border Trade”

Circular 123/2020- The Mainland of China : “Notice on Strengthening the Ser-vice for Foreign-invested Enterprises and the Work on Attracting Foreign Invest-ments while Actively Tackling the Novel Coronavirus Pneumonia”

21-02-20

Circular 141/2020- The Mainland of China : Huangpu Customs District’s “Twenty Measures on Assisting Enterprises to Resume Work and Production while Ful-filling the Work of ‘Stabilizing Employment, Finance, Foreign Trade, Foreign In-vestment, Domestic Investment and Expectation’”

Circular 144/2020- The Mainland of China : “Notice on Temporarily Extending the Time Limit for the Write-off of Processing Trade Manuals (Account Books) and Matters Related to the Record-keeping of Registration”

24-02-20

Circular 145/2020- The Mainland of China : Notice of the Customs Tariff Com-mission of the State Council Concerning Carrying out Exclusion of Market-ori-ented Procurement of Goods from Additional Tariff Imposed on the United States

25-02-20

Circular 151/2020-The Mainland of China : Shenzhen Customs District’s “Notice on Promoting ‘Advanced Declaration’ for Imported and Exported Commodities in an All Round Way”

Circular 152/2020 - The Mainland of China : Notice by the Customs Tariff Com-mission of the State Council Concerning the First Exclusion from the Second Batch of Additional Tariffs on US Imports

Circular 153/2020- The Mainland of China : Notice Concerning Relevant Issues on Export Tax Refund (Exemption) During Prevention and Control of Novel Coronavirus Infection

Circular 154/2020- The Mainland of China : List of Quarantine Places for Entry of Animals

INDIA

Material in this section and the India Antidumping Countervailing Duty and Safe-

guards Investigations section was prepared by Sonia Gupta of Ashok Dhingra

Associates, Attorneys at Law, Gurgaon (Haryana), India

https://www.tid.gov.hk/english/aboutus/tradecircular/cic/asia/2020/ci842020.html



















































http://www.adalegal.com/

http://www.adalegal.com/

Baker McKenzie


8490545-v4\WASDMS

49

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 TARIFF NOTIFICATIONS

02-02-20

01/2020-Cus Amends Notification prescribing effective rate of Basic Cus-toms Duty (BCD) for specified goods

02/2020-Cus Amends Notification providing exemption to specified goods used in manufacture of mobile phones

03/2020-Cus

Amends Notification to extend exemption from Basic Cus-toms Duty (BCD) and Integrated Goods and Services Tax (IGST) on specified military equipment imported by Defence Public Sector Units and other Public Sector Units for de-fence forces

04/2020-Cus Amends Notification to exempt wool, woollen fabrics and apparels received as gifts by the Indian Red Cross Society

05/2020-Cus

Amends Notification to withdraw Basic Customs Duty (BCD) exemption on Gold used in manufacture of semi-conductor devices or light emitting diode and to provide exemption to specified parts for use in manufacture of fuses and connect-ors

06/2020-Cus Amends Notification to exclude copper and articles thereof from exemption provided to raw materials use for manufac-turing of ITA goods specified therein

07/2020-Cus Amends Notification to exclude copper and articles thereof from exemption provided to raw materials use for manufac-turing of ITA goods specified therein

08/2020-Cus Exempt specified goods from Health Cess imposed on medical devices falling under Heading 9018 to 9022 of the Customs Tariff Act, 1975

09/2020-Cus Levy of Social Welfare Surcharge on specified goods re-vised

10/2020-Cus Amends various Notifications to align with new Tariff lines created as per Finance Bill, 2020

11/2020-Cus Amends Notification to omit entry providing concessional rate of Basic Customs Duty (BCD) to goods falling under Tariff Heading 5407 52 of the Customs Tariff Act, 1975

12/2020-Cus Rescinds various notifications where entries are being merged with other similar notifications granting exemptions

14-02-20

13/2020-Cus

Exempts goods when imported into India against duty credit scrip under the Scheme for Rebate of State and Central Taxes and Levies (RoSCTL) and provides for additional ad-hoc incentive for apparel and made-ups sector

14/2020-Cus Amends Notification to provide exemption from Customs Duty to goods imported against scrips issued under 2% Ad-ditional ad hoc incentive for mobile phones

CBIC NON-TARIFF NOTIFICATIONS

02-02-20

09/2020-Cus (NT)

Amends the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 to amend anti-circum-vention provision and make specified changes

10/2020-Cus (NT)

Amends the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidised Articles and for Determination of Injury) Rules, 1995 to introduce anti-cir-cumvention provision and make specified changes

11-02-20 12/2020-Cus (NT) Enlistment of inland container depot for loading and unload-ing of export goods in the State of Karnataka

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-tarr2020/cs01-2020.pdf














http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-nt2020/csnt_09.pdf



Baker McKenzie


8490545-v4\WASDMS

50


14-02-20

13/2020-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

14/2020-Cus (NT) Amends the Sea Cargo Manifest and Transhipment Regula-tions, 2018

21-02-20 16/2020-Cus (NT) Transportation of Goods (Through Foreign Territory), Regu-lations, 2020 notified in supersession of Transportation of Goods (Through Foreign Territory) Regulations, 1965

25-02-20 17/2020-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

28-02-20 18/2020-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

CBIC SAFEGUARD DUTY

02-02-20 01/2020-Cus Amends Notification to align Tariff item of subject goods with new Tariff Items created as per Finance Bill, 2020

CBIC CIRCULARS

05-02-20

07/2020-Cus Clarification on procedure for valuation of second hand ma-chinery

08/2020-Cus

Facility of transhipment of export cargo from Bangladesh to third countries through Land Customs Station (LCSs) to Kolkata port/ airport, in containers or closed bodied trunks extended till 30 June, 2020

09/2020-Cus

Clarification on additional information to be furnished in Electronic Integrated Declaration under the Shipping Bill (Electronic Integrated Declaration and Paperless Pro-cessing) Regulations 2019 w.e.f. 15 February, 2020

07-02-20 10/2020-Cus Clarification on procedure for electronic sealing of goods deposited and removed from Customs bonded warehouses

10-02-20

11/2020-Cus

Notifies addition of three more Participating Government Agencies (PGAs) with their Licenses/ Permits/ Certificates/ Other Authorizations (LPCOs) to e-SANCHIT – paperless processing platform

12/2020-Cus Procedure for sanction of prosecution of Group ‘A’ Officers under the Prevention of Corruption Act, 1988

19-02-20 13/2020-Cus Clarification on Schemes for Rebate of State and Central Taxes and Levies (RoSCTL) and Additional Ad-hoc Incen-tive for export of garments and made-ups

21-02-20 14/2020-Cus Clarification on movement of goods from one part of India to another through foreign territory under the Transportation of Goods (Through Foreign Territory), Regulations, 2020

28-02-20 15/2020-Cus Implementation of automated clearance of Bills of Entry on all India basis w.e.f. 5 March, 2020

CBIC INSTRUCTIONS

12-02-20 1/2020-Cus Instruction on testing of samples of imported food products at Food Safety and Standards Authority of India (FSSAI) notified laboratories

20-02-20 02/2020-Cus 24 x 7 clearance at all customs formations to address any congestion, delay or surge on account of outbreak of Coro-navirus

DGFT NOTIFICATIONS

06-02-20 46/2015-2020 Export of Krishnapuram Onions upto 10,000 MT allowed upto 31 March, 2020

08-02-20 47/2015-2020

Export of surgical masks/ disposable masks (2/3 Ply) and all gloves except NBR Gloves allowed freely. Export of all other personal protection equipment including N-95 and other personal protection equipment accompanying masks and gloves other than those freely exported remains prohib-ited

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-nt2020/csnt12-2020.pdf




http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-nt2020/csnt18-2020.pdf;jsessionid=3D837573C9E704CB289EB11251E3DB6B

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-sg2020/cssg01-2020.pdf

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-circulars/cs-circulars-2020/Circular-No-07-2020.pdf



http://cbic.gov.in/resources/htdocs-cbec/customs/cs-circulars/cs-circulars-2020/Circular-No-10-2020.pdf;jsessionid=22C7FEA69F858F857AD4B98C98C1C8B1





http://cbic.gov.in/resources/htdocs-cbec/customs/cs-circulars/cs-circulars-2020/Circular-No-15-2020.pdf;jsessionid=2B50F5EDC66C9E3DD56A44AC5B9E2E2C

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-instructions/cs-instructions-2020/cs-ins-01-2020.pdf;jsessionid=AF2C7A9A4F63FD3638477168CA3EC7BD

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-instructions/cs-instructions-2020/cs-ins-02-2020.pdf;jsessionid=8EC0E4A827FD76CF6DD2EA9B48712CC4

https://dgft.gov.in/sites/default/files/Noti%20%2046%20KP_0.pdf

https://dgft.gov.in/sites/default/files/Noti%2047_0.pdf

Baker McKenzie


8490545-v4\WASDMS

51


25-02-20 48/2015-2020

Export Policy of specified personal protection equipment/ masks revised from Prohibited to Free. Export of all other Personal Protection Equipment including N-95 masks and other non-specified items remains Prohibited

DGFT PUBLIC NOTICES

07-02-20 59/2015-2020 Extends validity of Pre-shipment Inspection Agencies (PSIAs) upto 31 March, 2020

10-02-20 60/2015-2020 Enlistment of Agency for issuing Certificate of Origin (Non-Preferential)

11-02-20 61/2015-2020 Merchandise Exports from India Scheme (MEIS) Schedule amended to align with revised ITC (HS) Codes

14-02-20 62/2015-2020 Pre-export condition for specified Standard Input Output Norms (SION) deleted

18-02-20 63/2015-2020

Notifies proforma of undertaking to ensure monitoring of re-turn of SCOMET items allowed to be exported for repair/ re-placement/ demo/ display/ exhibition/ tender/ Request for Proposal (RFP) / Request for Quotation (RFQ)/ NIT

19-02-20 64/2015-2020 Addition of Kattapulli port for import of Metallic Scrap from specified safe countries without Pre-shipment Inspection Certificate (PSIC)




INDONESIA

Lower threshold for import duty exemption on E-Commerce as part of making Indonesia 4.0

Following its press release in December last year (please read our client alert on

this here), the Indonesian government has issued Ministry of Finance Regulation

No. 199/PMK.010/2019 on Provisions on Customs, Excise and Taxes of Con-

signment Goods. The main aim of this regulation is to lower the threshold for im-

port duty exemption. Regulation 199 came into effect on 30 January.

The provisions on lowering the threshold for import duty exemption in the new

regulation are consistent with what was set out in the press release. The duty ex-

emption threshold is now USD 3 per shipment (down from USD 75). The goods

of USD 3 and less will also be exempted from income tax, but value added tax

(VAT) and sales luxury tax will still be imposed based on the applicable rates. For

goods with a value above USD 3 for each consignee per shipment, all import

duty and import taxes will be imposed.

The tax and customs treatments under Regulation 199 are summarized below:

Goods Value

Threshold

Import Duty

VAT SLT Income

Tax Article Remarks

< FOB USD 3

Exempted 10%

Most likely not subject to SLT as the goods are below the thresh-

old

Exempted For general

imported goods

https://dgft.gov.in/sites/default/files/Noti%2048%20PPE_0.pdf

https://dgft.gov.in/sites/default/files/PN-59%20English%20PDF_0.pdf

https://dgft.gov.in/sites/default/files/Public%20Notice%20No.%2060%20dated%2010.02.2020%20in%20E.pdf

https://dgft.gov.in/sites/default/files/Public%20Notice%20No.%2061%20dt.%2011.02.2020%20%28English%29.pdf

https://dgft.gov.in/sites/default/files/Public%20Notice%2062%20English.pdf

https://dgft.gov.in/sites/default/files/PN%2063%20dated%2018.02.2020%20English_0.pdf

https://dgft.gov.in/sites/default/files/Public%20Notice%20No%2064%20dated%2019%20Feb%202020%20English.pdf

https://www.bakermckenzie.com/en/insight/publications/2020/01/indonesian-government-lowers-import-duty-exemption

http://www.jdih.kemenkeu.go.id/fullText/2019/199~PMK.010~2019Per.pdf



Baker McKenzie


8490545-v4\WASDMS

52

> FOB USD 3

Imposed. The tax

base to cal-culate im-port duty would be the total customs

value of the goods

10%

Most likely not subject to SLT as

only certain goods are subject to

LST

Imposed -

The aim of the government in lowering the duty exemption threshold is to protect

domestic players. Some domestic players have gone out of business because

they cannot compete with imported products.

This is part of an effort to empower Micro, Small and Medium businesses, which

is one of the national priorities in relation to “making Indonesia 4.0”. “Making In-

donesia 4.0” is a roadmap to implement several priorities to prepare Indonesia

for industry 4.0 era. It is expected that empowering domestic industries can cre-

ate new job opportunities as a foundation for Indonesia’s economic growth. By

implementing “making Indonesia 4.0”, the goal is to make Indonesia as top 10

global economies by 2030.

For more information, contact Riza Buditomo, Sheriel Ivia Tirta or Nandina Kusu-

maningrum.

Indonesia-Australia trade agreement ratified

On February 6th Indonesia ratified the Indonesia-Australia Comprehensive Eco-

nomic Partnership Agreement (IA-CEPA). This followed ratification by Australia in

mid-December. Indonesia is the fifth largest export market for Australian agricul-

tural products. Once implemented, IA CEPA will provide preferential access for

more than 99 percent of Australia’s agriculture goods imported by Indonesia.

NEW ZEALAND

Continuation of the controls on the import of high-power laser point-ers

Importers are advised that the existing controls on the importation of high-power

laser pointers are being continued in the Customs Import Prohibition (High-power

Laser Pointers) Order 2019. This new Order comes into effect 1 March 2020.

Detailed information about the controls, and how to apply to import can be found

on the Ministry of Health website.

Any queries on these requirements should be directed to laserpoint-

[email protected]

ESC Requirements for all imported vehicles seeking NZ registration from 1 March 2020

The New Zealand Transport Agency (NZTA) advises that under the Land

Transport Rules, all imported motor vehicles of specified classes must be fitted

with an electronic stability control (ESC) system from 1 March 2020. Certain ex-

emptions apply. Further details can be found here. Note -- this is not an importa-

tion requirement, but a requirement for NZ registration of the vehicle.





https://dfat.gov.au/trade/agreements/not-yet-in-force/iacepa/pages/indonesia-australia-comprehensive-economic-partnership-agreement.aspx

http://legislation.govt.nz/regulation/public/2019/0294/latest/LMS283356.html?search=ts_act%40bill%40regulation%40deemedreg_high-powered_resel_25_a&p=1%20%C2%A0

http://legislation.govt.nz/regulation/public/2019/0294/latest/LMS283356.html?search=ts_act%40bill%40regulation%40deemedreg_high-powered_resel_25_a&p=1%20%C2%A0

https://urldefense.com/v3/__https:/govt.us11.list-manage.com/track/click?u=5bcebe8ff41247a98e67420c5&id=905255495e&e=246e1d40ef__;!!Hj9Y_P0nvg!GMwZgff83NDZiMv1FlZygUkQfzTDJqapDdsZ-Rc4Np3ruPks7m5eg-5aLBeAVrb9_zOgBA$



https://vehicleinspection.nzta.govt.nz/news/entry-virm-amendment-esc-changes-1-march-2018

Baker McKenzie


8490545-v4\WASDMS

53

Any queries on these requirements should be directed to the NZTA using their

website.

Update on change in depreciation rates for used motor vehicles

The depreciation rates applied by NZ Customs for the valuation of used vehicles

which have been owned and used overseas by importers is going to change.

From 1 March 2020, NZ Customs will follow the straight line rate used by Inland

Revenue where depreciation is applicable when valuing imported used vehicles.

As a result of advertising this change a submission was received advising that a

number of importers would be adversely affected by the change. These importers

include those that have pre-purchased vehicles overseas under a “Tourist Deliv-

ery” scheme, whereby they can buy vehicles on a VAT free basis subject to the

vehicles being owned and used overseas prior to export within a given period

(normally a year).

To assist such importers it has been decided that importers who can supply proof

that the vehicles were purchased prior to 1 March 2020, and that the vehicles are

imported into New Zealand prior to 1 March 2021, will be allowed to use the old

depreciation rates for Customs purposes.

This includes importers who have made a deposit on a vehicle.

To use the old rate, importers must:

provide proof that they have a signed “contract of sale” to purchase before 1 March 2020; and

the vehicle must be imported into New Zealand prior to 1 March 2021.

Further information about the change can be obtained from voc@cus-

toms.govt.nz.

SINGAPORE

Singapore revises rules for storage of dutiable goods in an FTZ and reminds traders to report suspicious activities

On 21 February 2020, Singapore Customs issued Circular 01/2020, Storage of

Dutiable Goods In Free Trade Zones & Reporting Suspicious Transactions,

which states that under Section 5(4) of the Free Trade Zones Act, dutiable goods

namely liquors and tobacco products as prescribed under the Free Trade Zones

(Prescribed Goods) Notification are not allowed to be stored in Free Trade Zones

(FTZ).

To facilitate the quick turnaround for transhipment and encourage entrepot trade, Sin-gapore Customs has administratively allowed such dutiable goods to be temporarily stored in FTZs for a period of up to 30 days, pending transhipment or removal to a

licensed warehouse or licensed factory warehouse (“licensed premises”). If longer term storage is required, such dutiable goods must be removed from the FTZ into the licensed premises. Please note that failure to deposit such dutiable goods in the li-censed premises is an offence under Section 52(3) of the Customs Act. There is no storage restriction on dutiable goods brought into FTZ under “through” Bill of Lading or “through” Air WayBill. For more information on transhipment, please visit www.cus-toms.gov.sg > businesses > transhipping goods > quick guide on transhipping goods.

The Circular also reminded traders that under Section 39 of the Corruption, Drug

Trafficking and other Serious Crimes (Confiscation of Benefits) Act, Cap 65A, all

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://vehicleinspection.nzta.govt.nz/news/entry-virm-amendment-esc-changes-1-march-2018



https://www.customs.gov.sg/-/media/cus/files/circulars/circular012020ver1.pdf

https://www.customs.gov.sg/-/media/cus/files/circulars/circular012020ver1.pdf

http://www.customs.gov.sg/

http://www.customs.gov.sg/




Baker McKenzie


8490545-v4\WASDMS

54

persons have the legal obligation to file a Suspicious Transaction Report (STR)

to the Suspicious Transaction Reporting Office (STRO) if they know or have rea-

sonable rounds to suspect that any property is connected to criminal activity, in

the course f their trade, profession, business or employment.

In addition, all persons also have the duty to provide information on property and

financial transactions belonging to terrorist and acts of terrorism financing under

Sections 8 and 10 of the Terrorism (Suppression of Financing) Act to the Police

or do so via a STR. Failure to do so may constitute a criminal offence.

The circular supersedes Customs Circular No. 46/99 dated 17 Nov 1999 and part

(C) of Customs Circular No. 4/98 dated 28 Feb 1998

EUROPE, MIDDLE EAST AND NORTH AFRICA

European Union and EFTA

European Parliament approves EU-Vietnam trade and investment agreements

On 12 February 2020, the European Parliament approved the EU-Vietnam trade

and investment agreements. The EU-Vietnam trade agreement is now set to en-

ter into force in 2020, upon conclusion of the ratification procedure by Vietnam.

The trade agreement will eliminate virtually all tariffs on goods traded between

the two sides and will guarantee – through its strong, legally binding and enforce-

able commitments on sustainable development – the respect of labour rights, en-

vironmental protection and the Paris Agreement on climate.

In a news release, the European Commission stated that:

This is the most comprehensive trade agreement between the EU and a developing country, a reality that was fully taken into account: Vietnam will eliminate its duties gradually over a longer, 10-year period, to take into account its development needs. However, many important EU export items such as pharmaceuticals, chemicals or machinery will already enjoy duty-free import conditions as of entry into force. The trade agreement also contains specific provisions to address non-tariff barriers in the automotive sector, and will provide protection for 169 traditional European food and drink products, known as Geographical Indications, like Rioja wine or Roquefort cheese.

Through the trade agreement, EU companies will also be able to participate on an equal footing with domestic Vietnamese companies in bids for procurement tenders by authorities and state-owned enterprises in Vietnam.

Besides offering significant economic opportunities, the agreement also ensures that trade, investment and sustainable development go hand in hand, by setting high standards of labour, environmental and consumer protection and ensuring that there is no ‘race to the bottom’ to attract trade and investment.

The agreement commits the two parties to:

ratifying the eight fundamental Conventions of International Labour Organi-zation (ILO), and respecting, promoting and effectively implementing the principles of the ILO concerning fundamental rights at work;

implement the Paris Agreement, as well as other international environmental agreements, and act in favour of the conservation and sustainable manage-ment of wildlife, biodiversity, forestry and fisheries, and;

involve independent civil society in monitoring the implementation of these commitments by both sides.

Vietnam has already made progress on some of these commitments:

https://www.police.gov.sg/Advisories/Crime/Commercial-Crimes/SuspiciousTransaction-Reporting-Office

https://trade.ec.europa.eu/doclib/press/index.cfm?id=2114

Baker McKenzie


8490545-v4\WASDMS

55

It ratified in June 2019 the ILO Convention 98 on collective bargaining.

It adopted a revised Labour Code in November 2019.

It confirmed a timeline for the ratification of the remaining two fundamental ILO Conventions on freedom of association and on forced labour.

The trade agreement also includes an institutional and legal link to the EU-Vietnam Partnership and Cooperation Agreement, allowing appropriate action in the case of serious breaches of human rights.

With the Parliament’s adoption, the Council can now conclude the trade agree-ment. Once the Vietnamese National Assembly also ratifies the trade agreement, it can enter into force, most likely in early summer 2020. The investment protec-tion agreement with Vietnam will still need to be ratified by all Member States ac-cording to their respective internal procedures. Once ratified, it will replace the bi-lateral investment agreements that 21 EU Member States currently have in place with Vietnam.

Guide to the EU-Vietnam Free Trade Agreement

Text of the EU-Vietnam agreement

Commission decides to partially withdraw Cambodia’s preferential access to the EU market

On 12 February 2020, the European Commission announced that it has decided

to withdraw part of the tariff preferences granted to Cambodia under the Euro-

pean Union’s Everything But Arms’ (EBA) trade scheme due to the serious and

systematic violations of the human rights principles enshrined in the International

Covenant on Civil and Political Rights.

In a news release, the Commission stated that:

The withdrawal of tariff preferences – and their replacement with the EU’s standard tariffs (most favoured nation MFN) – will affect selected garment and footwear prod-ucts, and all travel goods and sugar. The withdrawal amounts to around one-fifth or €1 billion of Cambodia’s yearly exports to the EU. Unless the European Parliament and the Council object, this will take effect on 12 August 2020.

***

The Commission’s decision addresses the human rights violations that triggered the procedure, while at the same time preserving the development objective of the EU trade scheme. It recognises the need to continue to support Cambodia’s economic development and diversification of its exports. All emerging industries in Cambodia will continue to enjoy duty-free, quota-free access to the EU market. High value-added garments and certain types of footwear will also continue to enjoy duty-free, quota-free access to the EU market.

The Commission’s decision follows in-depth engagement with the Cambodian gov-ernment and stakeholders. In particular, during the last twelve months, the Commis-sion and the European External Action Service conducted fact-finding missions to Cambodia and held several meetings with the Cambodian authorities at both tech-nical and political levels.

With regard to civil and political rights, there has been no significant progress since the launch of the EBA withdrawal procedure in February 2019.

The Commission nevertheless recognises the steps taken by the Cambodian authori-ties, notably in the areas of labour rights and land rights. Serious concerns remain however, including in particular the unresolved civil and criminal cases against trade unionists.

***

http://trade.ec.europa.eu/doclib/html/154622.htm

http://trade.ec.europa.eu/doclib/press/index.cfm?id=1437

https://trade.ec.europa.eu/doclib/press/index.cfm?id=2113

Baker McKenzie


8490545-v4\WASDMS

56

The Commission and the European External Action Service will continue their en-gagement with the Cambodian authorities and monitor the human rights and labour rights situation in the country closely. In case Cambodia shows significant progress, notably on civil and political rights, the Commission may review its decision and rein-state tariff preferences under the EBA arrangement.

Commission issues tariff classification regulations

See separate section below for tariff classification regulations issued by the Euro-

pean Commission during the period covered by this Update.

Amendments to the CN Explanatory Notes

See separate section below for amendments to the Explanatory Notes to the

Combined Nomenclature of the European Union that were published in the Offi-

cial Journal during the period covered by this Update.

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

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

31-01-20

Commission Delegated Regulation (EU) 2020/128 of 25 November 2019 amending Annex II to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences

Commission Delegated Regulation (EU) 2020/129 of 26 November 2019 amending the vulnerability threshold set out in point 1(b) of Annex VII to Regula-tion (EU) No 978/2012 of the European Parliament and the Council applying a scheme of generalised tariff preferences

Commission Implementing Regulation (EU) 2020/130 of 28 January 2020 on amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

Commission Implementing Decision (EU) 2020/134 of 30 January 2020 amend-ing the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Mem-ber States (notified under document C(2020) 604)

Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and North-ern Ireland from the European Union and the European Atomic Energy Commu-nity

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

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_.2020.027.01.0006.01.ENG&toc=OJ:L:2020:027:TOC


















Baker McKenzie


8490545-v4\WASDMS

57

OJ Date Subject

Agreement on the withdrawal of the United Kingdom of Great Britain and North-ern Ireland from the European Union and the European Atomic Energy Commu-nity

Declaration by the European Union made in accordance with the third para-graph of Article 185 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the Euro-pean Atomic Energy Community

Notice concerning the entry into force 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

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 December 2019 to 31 December 2019 (Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the Euro-pean Parliament and of the Council) [2020/C 33/01]

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 December 2019 to 31 December 2019 (Decisions taken pursuant to Article 34 of Directive 2001/83/EC 11 or Article 38 of Directive 2001/82/EC) [2020/C 33/02]

Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom

04-02-20

Corrigendum to Commission Implementing Regulation (EU) 2019/1776 of 9 Oc-tober 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 280, 31.10.2019 )

Council Decision (EU) 2020/143 of 28 January 2020 on the position to be taken on behalf of the European Union within the Administrative Committee for the Customs Convention on the international transport of goods under cover of TIR carnets as regards the amendment of the Convention

Corrigendum to the Notice concerning the entry into force 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 (OJ L 029, 31.1.2020)

05-02-20

Commission Implementing Decision (EU) 2020/152 of 3 February 2020 prohibit-ing Romania to repeat granting authorisations under Article 53(1) of Regulation (EC) No 1107/2009 for the plant protection products containing the active sub-stance clothianidin or imidacloprid for use on Brassica napus against Phyllotreta spp. or Psylliodes spp. (notified under document C(2020) 458)

Commission Implementing Decision (EU) 2020/153 of 3 February 2020 prohibit-ing Lithuania to repeat granting authorisations under Article 53(1) of Regulation (EC) No 1107/2009 for the plant protection products containing the active sub-stance thiamethoxam for use on spring rape against Phyllotreta spp. and/or Psylliodes spp. (notified under document C(2020) 464)

06-02-20

Decision No 1/2020 of the EU-Republic of Moldova Association Committee in Trade Configuration of 23 January 2020 concerning the update of Annex XV (Elimination of customs duties) to the Association Agreement between the Euro-pean Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part [2020/168]

07-02-20

Commission Regulation (EU) 2020/171 of 6 February 2020 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

Commission Implementing Decision (EU) 2020/175 of 6 February 2020 amend-ing the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Mem-ber States (notified under document C(2020) 762) (

UN Regulation No 126 – Uniform provisions concerning the approval of parti-tioning systems to protect passengers against displaced luggage, supplied as non-original vehicle equipment [2020/176]











https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.C_.2020.033.01.0001.01.ENG&toc=OJ:C:2020:033:TOC

















































Baker McKenzie


8490545-v4\WASDMS

58

OJ Date Subject

10-02-20

Commission Implementing Regulation (EU) 2020/178 of 31 January 2020 on the presentation of information to passengers arriving from third countries and to cli-ents of postal services and of certain professional operators concerning the pro-hibitions as regards the introduction of plants, plant products and other objects into the Union territory in accordance with Regulation (EU) 2016/2031 of the Eu-ropean Parliament and of the Council

Commission Implementing Decision (EU) 2020/181 of 7 February 2020 con-cerning certain interim protective measures relating to African swine fever in Greece (notified under document C(2020) 799)

13-02-20

Commission Regulation (EU) 2020/192 of 12 February 2020 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for prochloraz in or on certain prod-ucts

Commission Implementing Directive (EU) 2020/177 of 11 February 2020 amending Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/55/EC, 2002/56/EC and 2002/57/EC, Commission Directives 93/49/EEC and 93/61/EEC and Implementing Directives 2014/21/EU and 2014/98/EU as regards pests of plants on seeds and other plant reproductive material (Text with EEA relevance)

17-02-20

Commission Implementing Regulation (EU) 2020/202 of 4 October 2019 grant-ing a Union authorisation for the biocidal product family ‘Iodine Teat Dip Prod-ucts’

Commission Implementing Regulation (EU) 2020/206 of 14 February 2020 au-thorising the placing on the market of fruit pulp, pulp juice, concentrated pulp juice from Theobroma cacao L. as a traditional food from a third country under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Implementing Regulation (EU) 2017/2470

Commission Implementing Regulation (EU) 2020/207 of 14 February 2020 amending Regulation (EU) No 142/2011 as regards imports of petfood from Saudi Arabia

Commission Implementing Decision (EU) 2020/209 of 14 February 2020 con-cerning certain protective measures relating to African swine fever in Greece (notified under document C(2020) 962)

Commission Implementing Decision (EU) 2020/210 of 14 February 2020 amending the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Member States (notified under document C(2020) 963)

18-02-20

Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classifica-tion, labelling and packaging of substances and mixtures and correcting that Regulation

Commission Implementing Decision (EU) 2020/220 of 17 February 2020 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2020) 979)

Corrigendum to Council Decision (EU) 2019/2196 of 19 December 2019 amend-ing Decision 2013/755/EU on the association of the overseas countries and ter-ritories with the European Union (‘Overseas Association Decision’) ( OJ L 337, 30.12.2019 )

19-02-20

Decision No 67/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 February 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/222]


Decision No 69/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States





























































Baker McKenzie


8490545-v4\WASDMS

59

OJ Date Subject

of America of 5 February 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/224]


Decision No 71/2019 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 5 Febuary 2020 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2020/226]

Information Notice – Public Consultation Geographical Indications from Colom-bia and Peru to be protected as Geographical Indications in the European Union [2020/C 56/13]

21-02-20

Commission Implementing Regulation (EU) 2020/239 of 20 February 2020 amending Implementing Regulation (EU) No 901/2014 with regard to the adap-tation of the templates for type-approval procedures for two- or three-wheel ve-hicles and quadricycles to the environmental steps Euro 5 and Euro 5+ require-ments

Commission Implementing Decision (EU) 2020/240 of 20 February 2020 amending the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Member States (notified under document C(2020) 1082) ( 1 )

UN Regulation No 118 – Uniform technical prescriptions concerning the burning behaviour and/or the capability to repel fuel or lubricant of materials used in the construction of certain categories of motor vehicles [2020/241]

UN Regulation No 142 – Uniform provisions concerning the approval of motor vehicles with regard to the installation of their tyres [2020/242]

Decision No 2/2019 of the EPA Committee established under the stepping stone Economic Partnership Agreement between Côte d’Ivoire, of the one part, and the European Community and its Member States, of the other part of 2 Decem-ber 2019 as regards the adoption of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2020/…]

24-02-20

Corrigendum to Commission Delegated Regulation (EU) 2019/2013 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of electronic displays and re-pealing Commission Delegated Regulation (EU) No 1062/2010 (OJ L 315, 5.12.2019)

Corrigendum to Commission Delegated Regulation (EU) 2019/2014 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of household washing ma-chines and household washer-dryers and repealing Commission Delegated Regulation (EU) No 1061/2010 and Commission Directive 96/60/EC ( OJ L 315, 5.12.2019 )

Corrigendum to Commission Delegated Regulation (EU) 2019/2016 of 11 March 2019 supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010 ( OJ L 315, 5.12.2019 )

Corrigendum to Commission Regulation (EU) 2019/2020 of 1 October 2019 lay-ing down ecodesign requirements for light sources and separate control gears pursuant to Directive 2009/125/EC of the European Parliament and of the Coun-cil and repealing Commission Regulations (EC) No 244/2009, (EC) No 245/2009 and (EU) No 1194/2012 (OJ L 315, 5.12.2019)

Corrigendum to Commission Regulation (EU) 2019/2021 of 1 October 2019 lay-ing down ecodesign requirements for electronic displays pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Com-mission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EC) No 642/2009 ( OJ L 315, 5.12.2019 )























https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2020:048:TOC#TN1






































Baker McKenzie


8490545-v4\WASDMS

60

OJ Date Subject

Corrigendum to Commission Regulation (EU) 2019/2023 of 1 October 2019 lay-ing down ecodesign requirements for household washing machines and house-hold washer-dryers pursuant to Directive 2009/125/EC of the European Parlia-ment and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 ( OJ L 315, 5.12.2019 )

25-02-20

Corrigendum to Commission Regulation (EU) 2019/2023 of 1 October 2019 lay-ing down ecodesign requirements for household washing machines and house-hold washer-dryers pursuant to Directive 2009/125/EC of the European Parlia-ment and of the Council, amending Commission Regulation (EC) No 1275/2008 and repealing Commission Regulation (EU) No 1015/2010 (OJ L 315, 5.12.2019 )

Information concerning the entry into force of the Enhanced Partnership and Co-operation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part

Corrigendum to Commission Delegated Regulation (EU) 2020/217 of 4 October 2019 amending, for the purposes of its adaptation to technical and scientific pro-gress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting that Regulation (OJ L 044, 18.2.2020)

Corrigendum to Commission Delegated Regulation (EU) 2019/2199 of 17 Octo-ber 2019 amending Council Regulation (EC) No 428/2009 setting up a Commu-nity regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 338, 30.12.2019 )

Council Decision (EU) 2020/244 of 20 January 2020 on the conclusion, on be-half of the Union, of the Enhanced Partnership and Cooperation Agreement be-tween the European Union and its Member States, of the one part, and the Re-public of Kazakhstan, of the other part

Council Decision (EU) 2020/245 of 17 February 2020 on the position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the Euro-pean Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as re-gards the adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies set up by

the Partnership Council, and the establishment of the list of Sub‐Committees, for the application of that Agreement with the exception of Title II thereof

Council Decision (EU) 2020/246 of 17 February 2020 on the position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the Euro-pean Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as re-gards the adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies set up by the Partnership Council, and the establishment of the list of Sub‐Committees, for the application of Title II of that Agreement

Council Decision (EU) 2020/243 of 13 February 2020 on the position to be taken on behalf of the European Union in the thirteenth meeting of the Conference of the Parties to the Convention on the conservation of migratory species of wild animals as regards proposals from various parties to amend the Appendices to that Convention, and on the withdrawal of a reservation notified to that Conven-tion

Corrigendum to Council Regulation (EU) 2019/2197 of 19 December 2019 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products ( OJ L 335, 27.12.2019 )

26-02-20

Corrigendum to Council Decision (EU) 2019/2208 of 9 December 2019 on the position to be taken on behalf of the European Union within the EPA Committee established under the stepping stone Economic Partnership Agreement be-tween Ghana, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol No 1 concerning






























































Baker McKenzie


8490545-v4\WASDMS

61

OJ Date Subject

the definition of the concept of ‘originating products’ and methods of administra-tive cooperation ( OJ L 332, 23.12.2019 )

27-02-20

Council Regulation (EU) 2020/261 of 19 December 2019 amending Regulation (EU) No 389/2012 on administrative cooperation in the field of excise duties as regards the content of electronic registers

Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (recast)

Decision (EU) 2020/263 of the European Parliament and of the Council of 15 January 2020 on computerising the movement and surveillance of excise goods (recast)

Council Decision (EU, Euratom) 2020/266 of 25 February 2020 authorising the opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for a new partnership agreement

Update of the list of border crossing points as referred to in Article 2(8) of Regu-lation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2020/C 64/06]

28-02-20

Commission Implementing Decision (EU) 2020/281 of 27 February 2020 amending the Annex to Implementing Decision (EU) 2020/47 on protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in certain Member States (notified under document C(2020) 1248)

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 January 2020 to 31 January 2020 (Published pur-suant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2020/C 66/01]

Restrictive measures established, amended, corrected

During the past month, the following restrictive measures were established,

amended or corrected:

OJ Date Restrictive Measure

07-02-20

Council Regulation (EU) 2020/169 of 6 February 2020 amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia

Council Decision (CFSP) 2020/170 of 6 February 2020 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia

11-02-20

Commission Implementing Regulation (EU) 2020/184 of 11 February 2020 amending for the 308th time Council Regulation (EC) No 881/2002 imposing cer-tain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations

13-02-20

Council Implementing Regulation (EU) 2020/189 of 12 February 2020 imple-menting Article 9 of Regulation (EC) No 1183/2005 imposing certain specific re-strictive measures directed against persons acting in violation of the arms em-bargo with regard to the Democratic Republic of the Congo

Council Implementing Decision (CFSP) 2020/190 of 12 February 2020 imple-menting Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

17-02-20

Council Implementing Regulation (EU) 2020/211 of 17 February 2020 imple-menting Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

Council Implementing Decision (CFSP) 2020/212 of 17 February 2020 imple-menting Decision 2013/255/CFSP concerning restrictive measures against Syria

18-02-20

Commission Implementing Regulation (EU) 2020/218 of 17 February 2020 amending for the 309th time Council Regulation (EC) No 881/2002 imposing cer-tain specific restrictive measures against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations

Commission Implementing Regulation (EU) 2020/219 of 17 February 2020 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe






























https://eur-lex.europa.eu/legal-content/EN/AUTO/?uri=uriserv:OJ.LI.2020.038.01.0001.01.ENG&toc=OJ:L:2020:038I:TOC























Baker McKenzie


8490545-v4\WASDMS

62

OJ Date Restrictive Measure

Council Regulation (EU) 2020/213 of 17 February 2020 amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimba-bwe

Council Decision (CFSP) 2020/215 of 17 February 2020 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

Council Decision (CFSP) 2020/214 of 17 February 2020 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus

20-02-20

Corrigendum to Council Implementing Regulation (EU) 2020/116 of 27 January 2020 implementing Article 12(1) of Regulation (EU) 2017/1770 concerning re-strictive measures in view of the situation in Mali ( OJ L 022, 28.1.2020 )

Corrigendum to Council Implementing Decision (CFSP) 2020/118 of 27 January 2020 implementing Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali ( OJ L 022, 28.1.2020 )

26-02-20

Commission Implementing Regulation (EU) 2020/259 of 25 February 2020 amending for the 310th time Council Regulation (EC) No 881/2002 imposing cer-tain specific restrictive measures against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations

27-02-20

Council Implementing Regulation (EU) 2020/274 of 27 February 2020 imple-menting Regulation (EU) 2019/1890 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean

Council Decision (CFSP) 2020/275 of 27 February 2020 amending Decision (CFSP) 2019/1894 concerning restrictive measures in view of Turkey’s unauthor-ised drilling activities in the Eastern Mediterranean




Individual Countries

FRANCE

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

04-02-20 2020/08 Notice to Importers of Wire Rod Originating in the PR of China

05-02-20 2020/09 Notice to importers of goods originating in GSP beneficiary countries

06-02-20 2020/10 Notice to importers of pipe fittings

2020/11 Notice to importers of Flat Rolled Products in Silicon Steel

12-02-20 2020/12 Notice to importers of acesulfame potassium from China

14-02-20

2020/13 Notice to Importers of Contiguous Filament Fiberglass Products Originat-ing in Egypt

2020/14 Notice to Importers of Extruded Aluminum Products from China

2020/15 Notice to importers of steel products

20-02-20 2020/16 Notice to Importers of Monosodium Glutamate

27-02-20 2020/17 Notice to Importers of Certain Rainbow Trout Originating in Turkey
























http://www.douane.gouv.fr/datadouane/c789-2014-avis-aux-importateurs

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-08%20Avis%20aux%20importateurs%20de%20fil%20de%20machine.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-%2009%20Avis%20aux%20importateurs%20de%20pays%20b%C3%A9n%C3%A9ficiaires%20du%20SPG.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-%2010%20Avis%20aux%20importateurs%20d%27accessoires%20de%20tuyauterie_0.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-11%20Avis%20aux%20importateurs%20de%20produits%20lamin%C3%A9s%20plats%20en%20aciers%20au%20silicium.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-12%20Avis%20aux%20importateurs%20d%E2%80%99ac%C3%A9sulfame%20potassium.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-13%20Avis%20aux%20importateurs%20de%20fibre%20de%20verre%20%C3%A0%20filament%20continu%20originaires%20d%27Egypte.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-13%20Avis%20aux%20importateurs%20de%20fibre%20de%20verre%20%C3%A0%20filament%20continu%20originaires%20d%27Egypte.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-14%20Avis%20aux%20importateurs%20de%20certains%20produits%20extrud%C3%A9s%20en%20alu%20originaires%20de%20Chine_0.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/Avis%20aux%20importateurs%20de%20produits%20sid%C3%A9rurgiques.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-16%20Avis%20aux%20importateurs%20de%20glutamate%20monosodique%20originaire%20de%20la%20R%C3%A9publique%20populaire%20de%20Chine.pdf

https://www.douane.gouv.fr/sites/default/files/uploads/files/2020-02/2020-17%20Avis%20aux%20importateurs%20de%20certaines%20truites%20arc%20en%20ciel%20originaires%20de%20Turquie.pdf

Baker McKenzie


8490545-v4\WASDMS

63

SWITZERLAND

First US OFAC-consented humanitarian trade arrangement to take effect

On 30 January 2020, the Swiss Federal Council announced the first successful

pilot transaction under the proposed Swiss Humanitarian Trade Arrangement

(SHTA), a payment mechanism designed to enable the delivery of humanitarian

goods to Iran. The SHTA was developed by Switzerland since autumn 2018 with

the cooperation of relevant US and Iranian authorities, along with selected Swiss

and interested banks. Once finally agreed and implemented, it will become the

first US OFAC-consented humanitarian trade arrangement, and will reduce the

cost and difficulty for Swiss exporters that supply humanitarian goods to Iran to

receive payment for the humanitarian items provided.

Since the US withdrawal from the JCPOA, the US Government has repeatedly

tightened restrictions on individuals and entities engaged in Iran-related dealings.

While there remain certain exemptions/authorizations for humanitarian-related

transactions, including for US and non-US Persons involved in the sale of certain

food items, medicines, and basic medical supplies, recent changes in the US le-

gal framework have made it increasingly difficult for parties to receive payment

even for such transactions.

Amidst a growing lack of clarity regarding which transactions would qualify as hu-

manitarian transactions, the aim of the SHTA is to ensure that exporters and

trading companies in the food, pharmaceutical and medical sectors based in

Switzerland have a secure payment channel with a Swiss bank through which

payments for their exports are guaranteed. Under the SHTA, participating banks

and exporters will be given assurances by the US Treasury Department that the

financial transactions can be processed in accordance with US law, subject to

their providing SECO with detailed information about the transactions, their busi-

ness activities and their business partners in Iran. Increased due diligence will

have to be exercised on these transactions, and the information will be verified

by SECO and shared with the US Treasury Department.

The Federal Council announced that the SHTA came into effect on 27 February

2020.

Recueil officiel

Date Measure

04-02-20

Agreement on mutual trust in the results of inspection of good manufacturing practices for medicinal products (Good manufacturing practices - GMP) between the Swiss Federal Council and the Government of the Republic of Korea (RS 0.812.101.928.1) Decision № 2/2019 of the Joint Committee established under the Agreement between the European Union and the Swiss Confederation on the coupling of their trading systems of gas emissions greenhouse of 5 December 2019 amending Annexes I and II to the agree-ment between the European Union and the Swiss Confederation on the coupling of their greenhouse gas emission allowance trading systems (RS 0.814.011.268)

05-02-20 FSVO order establishing measures to prevent the introduction of avian influenza present in certain Member States of the European Union (RS 916.443.102.1)

11-02-20

Order regulating the import, transit and export trade in animals and animal prod-ucts with third countries (OITE-PT) (RS 916.443.10)

Ordinance regulating the import, transit and export trade in animals and animal products with the EU Member States, Iceland and Norway (OITE-UE) (RS 916.443.11)

https://www.admin.ch/gov/en/start/documentation/media-releases.msg-id-77968.html

https://www.admin.ch/gov/en/start/documentation/media-releases.msg-id-78251.html

https://www.admin.ch/opc/fr/official-compilation/2020/363.pdf














Baker McKenzie


8490545-v4\WASDMS

64

Date Measure

Exchange of notes of 28/30 January 2020 between Switzerland and the Euro-pean Union concerning the continued application of the agreements between Switzerland and the European Union in the United Kingdom during the transition period after its withdrawal from the Union European at January 31, 2020 (RS 0.122.1)

Exchange of notes between Switzerland and Italy concerning the change in the customs status of the Italian enclave of Campione d’Italia (RS 0.631.252.945.45)


16-02-20 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)

18-02-20

Ordinance on the import of agricultural products (Ordinance on agricultural im-ports, OIAgr) (RS 916.01)

FSVO order establishing measures to prevent the introduction of avian influenza present in certain Member States of the European Union (RS 916.443.102.1)

FSVO order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

19-02-20 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)

20-02-20

Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012)

Ordinance on the import of agricultural products (Ordinance on agricultural im-ports, OIAgr) (RS 916.01)



The following restrictive measures were established, amended or corrected and

published during the period covered by this Update. *The date shown may be the

signature date, release date or publication date, depending on local practice.

Date* Restrictive Measure

05-02-20 Modification to the Ordinance of October 2, 2000 on Measures against Persons and Organizations with Connections to Usama bin Laden, the “Al-Qaïda” Group or the Taliban (RS 946.203) [Entry into force 04-02-20]

07-02-20 Modification of the Ordinance of 22 June 2005 on measures against the Demo-cratic Republic of the Congo (RS 946.231.12) [Entry into force 06-02-20]

10-02-20 Modification to the Ordinance of August 27, 2014 on measures to avoid circum-vention of international sanctions in connection with the situation in Ukraine (RS 946.231.176.72) [Entry into force 11-02-20]

19-02-20 Modification to the Ordinance of October 2, 2000 on Measures against Persons and Organizations with Connections to Usama bin Laden, the “Al-Qaïda” Group or the Taliban (RS 946.203) [Entry into force 18-02-20]

24-02-20 Modification to the Ordinance of October 2, 2000 instituting measures against persons and entities linked to Osama bin Laden, to the “Al-Qaeda” group or to the Taliban (RS 946.203) [Entry into force 23-02-20]

26-02-20

Modification to the Ordinance of 30 March 2011 on measures against Libya (RS 946.231.149.82) [Entry into force: 25-02-20]

Modification to the Ordinance of June 22, 2005 instituting measures against the Democratic Republic of the Congo (RS 946.231.12) [Entry into force: 22-02-20

27-02-20 Modification to the ordinance instituting Measures against Syria (RS 946.231.172.7) [Entry into effect 22-02-20]




























https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/%C2%ABAl-Qa%C3%AFda%C2%BB/al_qaida_taliban_delta_2020_02_05.pdf.download.pdf/Al-Qa%C3%AFda%20Taliban_Delta_2020-02-05.pdf



https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Kongo/kongo-delta-2020-02-07.pdf.download.pdf/Kongo_Delta_2020-02-07.pdf

https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Kongo/kongo-delta-2020-02-07.pdf.download.pdf/Kongo_Delta_2020-02-07.pdf



https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/%C2%ABAl-Qa%C3%AFda%C2%BB/al-qaida_taliban_delta_2020-02-19.pdf.download.pdf/%C2%ABAl-Qa%C3%AFda%C2%BB,%20Taliban_Delta_2020-02-19.pdf



https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/%C2%ABAl-Qa%C3%AFda%C2%BB/al-qaida_taliban_delta_2020-02-24a.pdf.download.pdf/%C2%ABAl-Qa%C3%AFda%C2%BB,%20Taliban%20Delta%202020-02-24.pdf



https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Lybien/libyen_delta_2020-02-26.pdf.download.pdf/Libyen_Delta_2020-02-26.pdf

https://www.seco.admin.ch/dam/seco/fr/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Kongo/kongo_delta_2020-02-26.pdf.download.pdf/Kongo_Delta_2020-02-26.pdf

https://www.seco.admin.ch/dam/seco/fr/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Kongo/kongo_delta_2020-02-26.pdf.download.pdf/Kongo_Delta_2020-02-26.pdf

https://www.seco.admin.ch/dam/seco/de/dokumente/Aussenwirtschaft/Wirtschaftsbeziehungen/Exportkontrollen/Sanktionen/Verordnungen/Syrien/syrien_delta_2020-02-26.pdf.download.pdf/Syrien_Delta_2020-02-26.pdf

Baker McKenzie


8490545-v4\WASDMS

65

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

19-02-20 Third Law amending the Weapons Act and other regulations (Third Weapons Law Amendment Act - 3rd WaffRÄndG) (17-02-20) from No. 7 of February 19, 2020, page 166

21-02-20 Fourth regulation amending the export refund regulation (11-02-20) from No. 8 of February 21, 2020, page 198

ICELAND

12-02-20 № 105/2020 Regulation (11-02-2020) on risky third countries for anti-money laundering and terrorist financing operations.

19-02-20 № 124/2020 Regulation (28-01-20) on (9) an amendment to Regulation no. 327/2010 on the entry into force of European Union Regulation no. 1925/2006 on the addition of vitamins and minerals and certain other substances in food.

21-02-20 № 140/2020 Regulation (06-02-20) on the repeal of food and agriculture regula-tions (includes many TRQs)

26-02-20 № 150/2020 Regulation (12-02-20) on the entry into force of European Union regulations on the definition, description and promotion of certain alcoholic bev-erages (VII)

28-02-20

№ 8/2020 (26-02-20) Law amending the Act on Amending the Consumer Credit Act and the Anti-Money Laundering and Terrorist Financing Act, no. 163/2019

№ 9/2020 (28-02-20) Notice amending Annex I to the Customs Act no. 88 May 18, 2005, as amended.

№ 158/2020 (13-02-20) Regulation on (36) an amendment to Regulation no. 672/2008 on the maximum levels of pesticide residues in food and feed.

№ 159/2020 (13-02-20) Regulation on (10) an amendment to Regulation no. 374/2012 on the entry into force of Commission Regulation (EU) No. 10/2011 on materials and plastic parts intended to come into contact with food.

IRELAND (EIRE)

31-01-20

S.I. No. 21/2020 - European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regula-tions 2020

S.I. No. 22/2020 - European Union (Food and Feed Hygiene) Regulations 2020

S.I. No. 23/2020 - European Union (Restriction of Certain Hazardous Sub-stances in Electrical and Electronic Equipment) (Amendment) Regulations 2020

04-02-20

S.I. No. 28/2020 - Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (Part 15) (Commencement) Order 2020

S.I. No. 29/2020 - European Communities (Marketing of Fruit Plant Propagating Material) (Amendment) Regulations 2020

11-02-20 S.I. No. 36/2020 - Microbeads (Prohibition) Act 2019 (Commencement) Order 2020

21-02-20

S.I. No. 47/2020 - European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2020

S.I. No. 48/2020 - European Communities (Minimum Conditions for Examining Agriculture Plant Species) (Amendment) Regulations 2020

S.I. No. 49/2020 - European Communities (Minimum Conditions for Examining of Vegetable Species) (Amendment) Regulations 2020

LIECHTENSTEIN

28-02-20 LGBI № 2020.072 Ordinance of 28 February 2020 on measures to combat the coronavirus (COVID-19) (LR 818.101.24)

LUXEMBOURG

https://www.stjornartidindi.is/Advert.aspx?RecordID=1fb9181a-6dfc-41ed-962d-367510323158

https://www.stjornartidindi.is/Advert.aspx?RecordID=1fb9181a-6dfc-41ed-962d-367510323158

https://www.stjornartidindi.is/Advert.aspx?RecordID=0dbf4897-350c-49df-a48a-971eebdeb0c3



https://www.stjornartidindi.is/Advert.aspx?RecordID=e21a1b01-d9f1-444b-af43-b35fab6cb364

https://www.stjornartidindi.is/Advert.aspx?RecordID=e21a1b01-d9f1-444b-af43-b35fab6cb364

https://www.stjornartidindi.is/Advert.aspx?RecordID=5acf7c29-2b90-4103-9ebe-50af0907c04b



https://www.stjornartidindi.is/Advert.aspx?RecordID=af22ad72-3862-4831-b7b9-627d4553d1ad

https://www.stjornartidindi.is/Advert.aspx?RecordID=af22ad72-3862-4831-b7b9-627d4553d1ad

https://www.stjornartidindi.is/Advert.aspx?RecordID=7c31616f-f2fb-40e9-a0fa-99025bb3778a

https://www.stjornartidindi.is/Advert.aspx?RecordID=7c31616f-f2fb-40e9-a0fa-99025bb3778a

https://www.stjornartidindi.is/Advert.aspx?RecordID=98d44d64-bc46-4279-86e0-b3ab89bf7798

https://www.stjornartidindi.is/Advert.aspx?RecordID=98d44d64-bc46-4279-86e0-b3ab89bf7798

https://www.stjornartidindi.is/Advert.aspx?RecordID=98da141e-ac31-4d79-9d6f-1dbfba48cc49



http://www.irishstatutebook.ie/eli/2020/si/21/made/en/print


















https://www.gesetze.li/chrono/2020072000


Baker McKenzie


8490545-v4\WASDMS

66

Date* Measure

24-02-20 Mem A92: Official notice in accordance with article 38, paragraph 2, of the amended law of 27 June 2018 on export control.

MALTA

20-02-20 LN 26 of 2020 – Prevention of Money Laundering and Funding of Terrorism (Amendment) Regulations,2020 Government Gazette Of Malta No. 20,350– 20.02.2020

26-02-20 LN 35 of 2020 – Prevention of Money Laundering (Amendment) Act, 2020 (Act No. I of 2020) - Commencement Notice Government Gazette Of Malta No. 20,353– 26.02.2020

NORWAY

11-02-20

FOR-2020-02-07-120 Ministry of Climate and Environment, Ministry of Labor and Social Affairs Regulations on amendments to the Regulations on Biocides (Biocides Regulations)

FOR-2020-02-10-123 Ministry of Health and Care Services Regulations on changes in regulations on cosmetics and body care products

13-02-20

FOR-2020-02-12-128 Ministry of Trade and Industry Regulations on amend-ments to the procurement regulations, the supply regulations, the licensing con-tract regulations, the regulations on defense and security procurement, the regu-lations on salaries and working conditions in the public ..

14-02-20 FOR-2020-02-05-136 Ministry of Finance Regulations on changes in regulations to the Customs and Goods Act section 5-3-7

18-02-20

FOR-2020-02-12-149 Ministry of Climate and Environment Regulations on amendments to Regulations on registration, assessment, approval and re-striction of chemicals (REACH Regulation)

FOR-2020-02-17-154 Ministry of Finance Regulations on changes in regulations to the Customs and Goods Act (Customs Regulation)

25-02-20 FOR-2020-02-24-181 Ministry of Finance Regulations on changes in regulations to the Customs Act

28-02-20 FOR-2020-02-26-192 Ministry of Justice and Emergency Regulations on changes in regulations on firearms, weapon parts and ammunition, etc. (Firearm regulations)

POLAND

18-02-20 № 262 Announcement of the Minister of Finance of 24 January 2020 on the publication of a uniform text of the Regulation of the Minister of Development and Finance on customs and fiscal control of certain excise goods

27-02-20

№ 318 Government statement of 30 January 2020 on the binding force of the Agreement between the Government of the Republic of Poland and the Govern-ment of the Republic of Lithuania on border documentation specifying the course of the state border line between the Republic of Poland and the Republic of Lithuania, signed in Vilnius on February 17, 2018.

SPAIN

11-02-20

INDUSTRY, COMMERCE AND TOURISM (ICT): Resolution of February 3, 2020, of the General Directorate of Industry and Small and Medium Enterprises, which pub-lishes the list of European standards that have been ratified during the month of January 2020 as Spanish standards. (BOE-A-2020-1979 )

ICT: Resolution of February 3, 2020, of the General Directorate of Industry and Small and Medium Enterprises, which publishes the list of annulled UNE stand-ards during the month of January 2020. (BOE-A-2020-1980)

ICT: Resolution of February 3, 2020, of the General Directorate of Industry and Small and Medium Enterprises, which publishes the list of UNE standards ap-proved by the Spanish Association for Standardization, during the month of Jan-uary 2020. (BOE-A-2020-1981)

ICT: Resolution of February 3, 2020, of the General Directorate of Industry and Small and Medium Enterprises, by which they submit to public information, the draft UNE standards that the Spanish Association for Standardization has in pro-cess, corresponding to the month of January 2020 (BOE-A-2020-1982)

ICT: Resolution of February 3, 2020, of the General Directorate of Industry and Small and Medium Enterprises, by which they submit to public information, the draft European and international standards that have been processed as draft

http://legilux.public.lu/eli/etat/leg/div/2020/02/03/a92/jo

http://legilux.public.lu/eli/etat/leg/div/2020/02/03/a92/jo

http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29937&l=1






https://lovdata.no/dokument/LTI/forskrift/2020-02-07-120




















http://dziennikustaw.gov.pl/DU/2020/262








https://www.boe.es/boe/dias/2020/02/11/pdfs/BOE-A-2020-1979.pdf






















Baker McKenzie


8490545-v4\WASDMS

67

Date* Measure

UNE standards by the Association Spanish Standardization, corresponding to the month of January 2020. (BOE-A-2020-1983)

18-02-20

PRESIDENCY: Resolution of February 16, 2020, of the Undersecretariat, which publishes the Agreement between the State Tax Administration Agency and the Secretary of State for Trade, regarding the transfer of information of a customs nature in relation to special customs regimes of active improvement and passive improvement. (BOE-A-2020-2374)

21-02-20

ICT: Order ICT / 149/2020, of February 7, amending the annex of Royal Decree 648/1994, of April 15, declaring the national measurement standards of the basic units of the International System of Units ; and Order ITC / 2581/2006, of July 28, which defines the national patterns of derived units, the international system of units, electrical capacity, concentration of ozone in air, luminous flux, high frequency impedance , torque, high frequency power, electrical resistance, high frequency electromagnetic noise, electrical voltage, activity (of a radionu-clide), kerma (X and γ rays), absorbed dose, flat angle, solids density, force, pressure , volume, high frequency attenuation, humidity and measuring range of high electrical voltage (greater than 1000 V). (BOE-A-2020-2508)

29-02-20

HEAD OF STATE: Instrument of Ratification of the Agreement of collaboration and reinforced cooperation between the European Union and its Member States, on the one hand, and the Republic of Kazakhstan, on the other, made in Astana, on December 21, 2015. (BOE-A-2020-2896)


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.


LIECHTENSTEIN

07-02-20 LGBI № 2020.052 Ordinance of 4 February 2020 amending the ordinance on measures to avoid circumvention of international sanctions in connection with the situation in Ukraine (LR 946.224.2)

13-02-20 LGBI № 2020.062 Ordinance of 11 February 2020 amending the regulation on measures against certain people from Tunisia (LR 946.223.6)

LUXEMBOURG

05-02-20

Mem A55: Ministerial Regulation of February 5, 2020 amending Annex IC to the Grand-Ducal Regulation of October 29, 2010 implementing the law of October 27, 2010 relating to the implementation of United Nations Security Council reso-lutions and acts adopted by the European Union containing prohibitions and re-strictive measures in financial matters against certain persons, entities and groups in the context of the fight against the financing of terrorism.

24-02-20

Mem A93: Ministerial Regulation of February 24, 2020 amending Annex IC to the Grand-Ducal Regulation of October 29, 2010 implementing the law of Octo-ber 27, 2010 relating to the implementation of United Nations Security Council resolutions and acts adopted by the European Union containing prohibitions and restrictive measures in financial matters against certain persons, entities and groups in the context of the fight against the financing of terrorism.

NORWAY

04-02-20 FOR-2020-01-21-98 Ministry of Health and Care Services Regulation on amend-ments to regulations on trade between Norway and countries in the EEA with substances that can be used in the illicit manufacture of drugs (drug precursors)

17-02-20 FOR-2020-02-13-145 Ministry of Foreign Affairs Regulations amending regula-tions on restrictive measures regarding the situation in Venezuela































http://legilux.public.lu/eli/etat/leg/rmin/2020/02/05/a55/jo

















Baker McKenzie


8490545-v4\WASDMS

68

Non EU-EFTA European Countries

UNITED KINGDOM

Government confirms plans to introduce post-Brexit import controls

On 10 February 2020, the UK government confirmed plans to introduce post-

Brexit import controls.

The Government announced that the policy easements put in place for a poten-

tial no deal exit will not be reintroduced as businesses have time to prepare:

The transitional simplified procedures (TSP) (initially introduced by HMRC to re-duce congestion at customs checkpoints by allowing businesses to defer full im-port declarations until a later date);

Deferred import VAT accounting (this refers to the payment of import VAT on the VAT return, rather than at the time of release of goods into the UK, mitigating the cash flow impact of imports and replicating the treatment for goods moved within the EU); and

Temporary tariff easement measures (tariff elimination measures, including tran-sitional simplified procedures above, which were designed to support businesses to comply with new requirements in a no-deal scenario).

The withdrawal of the above measures will have administration and cost implica-

tions for businesses importing goods into the UK from the EU with effect from 1

January 2021. In particular there will be a cash flow impact for businesses who

import goods into the UK from the EU, as unlike the current position businesses

will generally need to pay 20% import VAT at the time the goods are declared in

the UK, and will only be able to recover this VAT on the next VAT return after

holding the necessary documentation.

However, there are certain mitigation actions that can be taken such as utilising

customs simplified procedures and obtaining “Simplified Import VAT Accounting”

(SIVA), which is a procedure that enables a company or agent to operate

a VAT and duty deferment account without a guarantee for the VAT element,

therefore reducing the compliance cost to the business.

The press release is available here.

Author: Jessica Mutton.

UK Government launches public consultation to seek views on de-velopment of post-Brexit Tariff regime

As explained in our previous blog post (see here), the UK Government an-

nounced its intention in 2019 to introduce a temporary tariff regime that would

come into force in the event of a no deal Brexit. The regime was intended to ap-

ply for up to 12 months post the transitional period while the UK Government un-

dertook a full consultation on a permanent approach to its Most Favoured Nation

(MFN) tariff regime.

Following the ratification of the Withdrawal Agreement by both the EU and the

UK, the UK Government announced on 6 February 2020 that this temporary tariff

regime is no longer relevant.

Instead, the UK Government is now planning to develop a new MFN tariff sched-

ule which will enter into force on 1 January 2021, and will be known as the “UK

https://www.gov.uk/government/news/government-confirms-plans-to-introduce-import-controls


http://brexit.bakermckenzie.com/2019/03/06/the-uk-government-may-cut-trade-tariffs-on-between-80-and-90-of-goods-in-the-event-of-a-no-deal-brexit-reports-say/

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864124/Approach_to_MFN_Tariff_Policy__17_.pdf

Baker McKenzie


8490545-v4\WASDMS

69

Global Tariff” (UKGT). The UKGT will replace the EU’s Common External Tariff

and will apply to imports into the UK where the goods are not eligible for prefer-

ential treatment (e.g., under a Free Trade Agreement or UK GSP country).

As part of the UK Government’s planning to develop its post-Brexit tariff regime,

the Department for International Trade has launched a four-week public consulta-

tion and will be holding a series of events across the UK to engage with busi-

nesses, business associations, consumers and other interested parties. As part

of the consultation, the UK Government is seeking views in particular on the fol-

lowing areas: simplifying and tailoring the tariff to suit UK businesses and house-

holds, such as removing tariffs of less than 2.5% and rounding tariffs down to the

nearest 2.5%, 5% or 10% band;

simplifying and tailoring the tariff to suit UK businesses and households, such as removing tariffs of less than 2.5% and rounding tariffs down to the nearest 2.5%, 5% or 10% band;

removing tariffs on key inputs to production in order to reduce costs for UK man-ufacturers; and

removing tariffs where the UK has zero or limited domestic production in order to help to lower prices for consumers.

This consultation is currently open and will close on 5 March 2020 at 23:59 GMT.

Should you wish to review and consider a formal response, the consultation doc-

uments are available here.

Authors: Ross L. Denton, Sunny Mann and Kevin Nordin.

UK DIT publishes Notice to exporters regarding changes to inspec-tion procedures

On 6 February 2020, the Department for International Trade published Notice to

Exporters 2020/04 to report that, with immediate effect, the Export Control Joint

Unit (ECJU) has amended its inspection of records process related to the use of

open licences and electronic standard individual export licences (SIELS). Link to

Notice here. This process is provided for in Article 31 of the Export Control Order

2008 (as amended), which states that inspections can take place “at any reason-

able hour”.

As a result of difficulties in trying to arrange on-site inspections, the ECJU will

now inform businesses of the exact date when an inspection of their records will

take place and will not offer alternative dates. The ECJU will nevertheless aim to

give businesses between four to six weeks’ notice before an inspection.

The Notice states that failure to allow an inspection to take place will be a breach

of the Order and HM Revenue & Customs will be informed of this.

Authors: Ross L. Denton and Sunny Mann

Legislation (legislation.gov.uk)

Date Measure

03-02-20 SI 2020/109 - The Trade in Animals and Related Products (Amendment) Regu-lations 2020 SI 2020/99 - The Trade Remedies (Amendment) (EU Exit) Regulations 2020

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864124/Approach_to_MFN_Tariff_Policy__17_.pdf

https://www.gov.uk/government/consultations/the-uk-global-tariff




https://www.gov.uk/government/publications/notice-to-exporters-202004-changes-to-inspection-procedures/notice-to-exporters-202004-changes-to-inspection-procedures




http://www.legislation.gov.uk/uksi/2020/109/contents/made



Baker McKenzie


8490545-v4\WASDMS

70

Date Measure

SI 2020/97 - The Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 7 and Transitory Provisions) (EU Exit) Regulations 2020

10-02-20 SI 2020/129 - The Health Protection (Coronavirus) Regulations 2020

21-02-20 SSI 2020/34 - The Marketing of Fruit Plant and Propagating Material (Scotland) Amendment Regulations 2020

26-02-20 SI 2020/177 - The Trade in Animals and Related Products (Wales) (Amend-ment) Regulations 2020 / Rheoliadau’r Fasnach mewn Anifeiliaid a Chynhyr-chion Perthynol (Cymru) (Diwygio) 2020


The following restrictive measures were established, amended or corrected and

published during the period covered by this Update. *The date shown may be the

signature date, release date or publication date, depending on local practice.


24-02-20 SI 2020/169 - The Proscribed Organisations (Name Change) Order 2020

28-02-20 SI 2020/200 - The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2020

HMRC updates

The following Public Notices, Customs Information Papers (CIPs) were issued by

HM Revenue & Customs:

Release Date


Customs Information Papers

03-02-20 Suspension of Generalised System of Preferences (GSP) for certain beneficiary countries and sections (CIP 04)

20-02-20 Minor changes for clearing import and export goods (CIP 5)

Tariff, Anti-Dumping and Other Notices

04-02-20

Glass fibre fabrics from China and Egypt (anti-dumping duty 2384)

Hot rolled stainless steel sheets and coils from China, Indonesia and Taiwan (anti-dumping duty 2386)

Imports of certain bicycles and certain bicycle parts from China (anti-dumping duty 2385)

Export goods to countries outside the EU: step by step

05-02-20 Taking merchandise from the UK in your baggage

12-02-20 Stainless steel bars and rods from India (anti-dumping duty 2387)

13-02-20 Customs Civil Penalties Guidance

International Exchange of Information Manual

14-02-20 Problems viewing preferential agreements on the UK Online Tariff look up tool (Tariff stop press notice 5)

17-02-20 The UK Online Tariff look up tool (Tariff stop press notice 6)

18-02-20 Investigation into imports of aluminium extrusions from China (anti-dumping duty 2388)

24-02-20

Polyacrylic elastomers (Tariff notice 1)

Changes to commodity codes in chapters 21 and 38 (Tariff stop press notice 9)

Clearing goods entering, leaving or transiting the UK or EU

25-02-20 Tubing fabric for friction pain relief (Tariff notice 2)

26-02-20

Notice 143: a guide for international post users

Changes to commodity codes in chapter 76 (Tariff stop press notice 8)

National Imports Reliefs Unit

27-02-20 Notice 104: ATA and CPD Carnets




http://www.legislation.gov.uk/ssi/2020/34/contents/made

http://www.legislation.gov.uk/ssi/2020/34/contents/made

http://www.legislation.gov.uk/wsi/2020/177/contents/made

http://www.legislation.gov.uk/wsi/2020/177/contents/made

http://www.legislation.gov.uk/wsi/2020/177/contents/made/welsh

http://www.legislation.gov.uk/wsi/2020/177/contents/made/welsh




http://www.hmrc.gov.uk/jccc/cips/cips-2014.htm

https://www.gov.uk/guidance/suspension-of-generalised-system-of-preferences-gsp-for-certain-beneficiary-countries-and-sections-cip-04

https://www.gov.uk/guidance/suspension-of-generalised-system-of-preferences-gsp-for-certain-beneficiary-countries-and-sections-cip-04

https://www.gov.uk/guidance/minor-changes-for-clearing-import-and-export-goods-cip-5

https://www.gov.uk/government/publications/glass-fibre-fabrics-from-china-and-egypt-anti-dumping-duty-2384

https://www.gov.uk/government/publications/hot-rolled-stainless-steel-sheets-and-coils-from-china-indonesia-and-taiwan-anti-dumping-duty-2386

https://www.gov.uk/government/publications/hot-rolled-stainless-steel-sheets-and-coils-from-china-indonesia-and-taiwan-anti-dumping-duty-2386

https://www.gov.uk/government/publications/imports-of-certain-bicycles-and-certain-bicycle-parts-from-china-anti-dumping-duty-2385

https://www.gov.uk/government/publications/imports-of-certain-bicycles-and-certain-bicycle-parts-from-china-anti-dumping-duty-2385

https://www.gov.uk/export-goods-outside-eu

https://www.gov.uk/guidance/taking-merchandise-from-the-uk-in-your-baggage

https://www.gov.uk/government/publications/stainless-steel-bars-and-rods-from-india-anti-dumping-duty-2387

https://www.gov.uk/hmrc-internal-manuals/customs-civil-penalties-guidance

https://www.gov.uk/hmrc-internal-manuals/international-exchange-of-information

https://www.gov.uk/guidance/problems-viewing-preferential-agreements-on-the-uk-online-tariff-look-up-tool-tariff-stop-press-notice-5

https://www.gov.uk/guidance/problems-viewing-preferential-agreements-on-the-uk-online-tariff-look-up-tool-tariff-stop-press-notice-5

https://www.gov.uk/guidance/the-uk-online-tariff-look-up-tool-tariff-stop-press-notice-6

https://www.gov.uk/government/publications/investigation-into-imports-of-aluminium-extrusions-from-china-anti-dumping-duty-2388

https://www.gov.uk/government/publications/investigation-into-imports-of-aluminium-extrusions-from-china-anti-dumping-duty-2388

https://www.gov.uk/guidance/polyacrylic-elastomers-tariff-notice-1

https://www.gov.uk/guidance/changes-to-commodity-codes-in-chapters-21-and-38-tariff-stop-press-notice-9

https://www.gov.uk/guidance/national-clearance-hub-for-goods-entering-leaving-or-transiting-the-eu

https://www.gov.uk/guidance/tubing-fabric-for-friction-pain-relief-tariff-notice-2

https://www.gov.uk/government/publications/notice-143-a-guide-for-international-post-users

https://www.gov.uk/guidance/changes-to-commodity-codes-in-chapter-76-tariff-stop-press-notice-8

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/national-imports-reliefs-unit

https://www.gov.uk/government/publications/notice-104-ata-and-cpd-carnets

Baker McKenzie


8490545-v4\WASDMS

71

Release Date


28-02-20 Monthly trade euro rates (Tariff stop press notice 10)

ECO Notices to Exporters and DIT documents

The following Export Control Organisation (ECO) Notices to Exporters and other

Department for International Trade (DIT) documents were issued:

Date Notice No. and Subct

06-02-20 Notice to Exporters 2020/04: changes to inspection procedures

18-02-20

Notice to exporters 2020/05: changes to permitted destinations of a number of OGELs

Open general export licence (exports in support of joint strike fighter: F-35 Light-ning II)

20-02-20 Open general export licence (military goods: A400M collaborative programme)

TURKEY

Legislation (laws, resolutions, orders, etc.)

The following documents were published in the on-line T.C. Resmî Gazete.

Date Subject

13-02-20 Nuclear Export Control Regulation

19-02-20 Turkish Food Codex Regulation

Communiqué on Implementation of Surveillance in Imports (No: 2020/2)

20-02-20 Decision Amending the Decision on the Import, Export and Transit of Crude Oil and Some Petroleum Products by Road or Rail (Number of Decisions: 2120)

21-02-20

The United Nations Security Council 1373 (2001) Resolution No. Some people in line with the Decision on freezing assets are found in Turkey Saving the Or-ganization (Resolution Number 2129)

The United Nations Security Council 1373 (2001) in Resolution No. Jundiz al-Kilafah named in line Organization Decision on Freezing Assets of Savings Found in Turkey (Decision Number: 2130)

The United Nations Security Council 1373 (2001) in Resolution No. Direction Organization Some of the Decision on freezing assets are found in Turkey Sav-ing (Decision Number: 2131)

The United Nations Security Council 1373 (2001) of Decision No Decision on organization and some Accordance freezing of assets of individuals Savings Found in Turkey (Decision Number: 2132)

The United Nations Security Council 1373 (2001) in Resolution No. Direction Afaq Dubai Found In his organization’s Saving Decision on Freezing Assets of Turkey (Decision Number: 2133)

The United Nations Security Council 1373 (2001) Resolution No. Direction in Milton John Algernon named in People’s Savings Decision on freezing of prop-erty found in Turkey (Decision Number: 2136)

22-02-20 Communiqué on Implementation of Surveillance in Imports (No: 2020/1)

25-02-20 Decision on the Imports of Electronic Cigarettes and Similar Devices and Some Tobacco Products and Tobacco Products Used in the Style (Decision Number: 2149)

26-02-20 Communiqué Amending the Communiqué (Communiqué No: 2018/34) on the Conditions and Application Principles of the Manufacturers-Exporters to meet the demands of C Sugar from Abroad (No: 2020/1)

28-02-20

Regulation on Paying Bonuses According to the Anti-Smuggling Law No. 5607

Regulation on the Amendment to the Implementing Regulation on the Delivery, Storage, Liquidation and Costs of Fuel Seized in accordance with the Anti-Smuggling Law No. 5607

https://www.gov.uk/guidance/monthly-trade-euro-rates-tariff-stop-press-notice-10

https://www.gov.uk/government/collections/notices-to-exporters


https://www.gov.uk/government/publications/notice-to-exporters-202005-changes-to-permitted-destinations-of-a-number-of-ogels/notice-to-exporters-202005-changes-to-permitted-destinations-of-a-number-of-ogels

https://www.gov.uk/government/publications/notice-to-exporters-202005-changes-to-permitted-destinations-of-a-number-of-ogels/notice-to-exporters-202005-changes-to-permitted-destinations-of-a-number-of-ogels

https://www.gov.uk/government/publications/open-general-export-licence-exports-in-support-of-joint-strike-fighter-f-35-lightning-ii

https://www.gov.uk/government/publications/open-general-export-licence-exports-in-support-of-joint-strike-fighter-f-35-lightning-ii

https://www.gov.uk/government/publications/open-general-export-licence-military-goods-a400m-collaborative-programme

http://www.resmigazete.gov.tr/default.aspx

http://www.resmigazete.gov.tr/eskiler/2020/02/20200213-3.htm



http://www.resmigazete.gov.tr/eskiler/2020/02/20200220-7.pdf































Baker McKenzie


8490545-v4\WASDMS

72

UKRAINE

Ukraine cancels special economic sanctions imposed against about 27,000 companies

On 3 February 2020, the Cabinet of Ministers of Ukraine published its decision

(Resolution of the Cabinet of Ministers of Ukraine No. 1180 dated 4 December

2019 “On Cancellation of the Special Sanctions Imposed under Article 37 of the

Law ‘On Foreign Economic Activities’”),cancelling all special economic sanctions

imposed by the Ministry of the Development of Economy, Trade and Agriculture

of Ukraine (MEDT) before 7 February 2019. According to the media post from

the Minister of the MEDT Tymofiy Mylovanov, the sanctions were lifted with re-

spect to about 27,000 companies (both foreign and Ukrainian). The decision en-

ters into effect on 6 March 2020.

The legislative underpinning and legal significance of this act remain uncertain.

We recommend seeking legal advice on each individual case.

For more information, please contact Hanna Shtepa and Serhiy Chorny.

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 or in the Урядовий Кур’єр during the period

of coverage of this Update:

Date Subject

11-02-20 No. JV–436/2020 / 4411-03 Initiation and special investigation into caustic soda imports to Ukraine irrespective of the country of origin or export [safeguard] into caustic soda imports to Ukraine irrespective of country of origin and export

25-02-20

No. AD-414/2019/4411-03 Residual anti-dumping measures on imports into Ukraine of aerated concrete blocks originating in the Republic of Belarus

No. JV-440/2020/4411-03 Special investigation into the import of polymeric ma-terials to Ukraine regardless of country of origin and export [safeguard]

No. AD-439/2020/4411-03 Turntable and folding devices (mechanisms) for win-dow and balcony door blocks originating in the Republic of Turkey - Anti-dump-ing investigation

№ AD-408/2019/4411-03 Certain cables and ropes originating in the Russian Federation Definitive Anti-dumping measures

MIDDLE EAST AND NORTH AFRICA

MOROCCO

Amendment of the tax regime applicable to companies with CFC status in Morocco

The provisions of the Finance Law No. 70-19 related to the 2020 fiscal year mod-

ified the tax regime for companies with CFC (“Casablanca Financial City”) status.

1. Tax regime applicable to services companies with CFC status

a) Tax regime applicable before 1st January 2020

https://www.kmu.gov.ua/npas/pro-skasuvannya-diyi-specialnih-sankcij-zastom041219sovanih-vidpovidno-do-statti-37-zakonu-ukrayini-pro-zovnishnoekonomichnu-diyalnist





http://zakon4.rada.gov.ua/laws/main/n/page

http://zakon4.rada.gov.ua/laws/main/n/page

https://ukurier.gov.ua/uk/articles/category/oficijno/?page=1

https://ukurier.gov.ua/uk/articles/rozsliduvannya-shodo-importu-v-ukrayinu-sodi-kaust/



https://ukurier.gov.ua/uk/articles/ostatochni-antidempingovi-zahodi-shodo-importu-36/


https://ukurier.gov.ua/uk/articles/specialne-rozsliduvannya-shodo-importu-v-36/

https://ukurier.gov.ua/uk/articles/specialne-rozsliduvannya-shodo-importu-v-36/

https://ukurier.gov.ua/uk/articles/antidempingove-rozsliduvannya-shodo-importu-36/






https://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVbcF/3AasVV6RgTMmcyhbbsIVGn5VLBEty8qLY6ee6mv3wiTyITnpkkr6098YMdBI=&rh=ff005ace1ebe9561c8fe7416b64490307de20a0a

Baker McKenzie


8490545-v4\WASDMS

73

CFC companies benefited with respect to their export turnover of:

‒ Full exemption from corporate income tax (“CIT”) during the first 5 consecutive financial years of activity, as of the first fiscal year of CFC status;

‒ Taxation at the reduced rate of 8.75% after the above-mentioned period;

‒ The same incentives were granted to these companies in respect of the net capi-tal gains from foreign sources that they realise.

b) New tax regime applicable as of 1st January 2020

i. Tax regime applicable to the tax result

‒ Full exemption from CIT during the first 5 consecutive financial years of activity, as of the first fiscal year benefiting of CFC status;

‒ Taxation at the reduced rate of 15% above the said period;

‒ The two above incentives are applicable to the tax result resulting from their global turnover i.e. local and export turnover.

ii. Tax regime applicable to the distribution of dividends

‒ Permanent withholding tax exemption on dividends and similar incomes from participating interests paid, made available or credited by CFC companies;

‒ The above tax exemption is applicable to resident and non-resident beneficiaries.

iii. Effective date

‒ The new tax regime is applicable to companies with CFC status as of 1st Janu-ary 2020.

iv. Transitional provision

‒ The tax regime in force before 1st January 2020 remains applicable to compa-nies having obtained CFC status prior this date;

‒ However, the abovementioned companies may, however, on the basis of an ir-revocable option and upon request addressed to the tax authorities prior to the expiry of the deadline for filing the return provided for in Article 20-I of the General Tax Code, benefit from:

• Permanent withholding tax exemption applicable to dividends and other income from participating interests paid, made available or credited by CFC companies;

• CIT at the reduced rate of 15% on their global turnover i.e. local and export turnover.

v. Specific casesThe Finance Law No. 70-19 creates situations for companies that obtained CFC status before 1st January 2020 that need to be clarified from a tax standpoint.

‒ Companies that obtained CFC status prior to 1st January 2020 and have not ex-hausted the five-year exemption period. These companies have two options:

• Continue to benefit from the former tax regime applicable to services compa-nies with CFC status and in particular from the reduced CIT rate of 8.75%; or

• Opt irrevocably for the new tax regime. In this case, companies are entitled to continue to benefit from the corporate tax exemption for the remaining period of the five-year exemption and from the application of the 15% rate beyond that pe-riod.

‒ Companies that obtained the CFC status prior to 1st January 2020 and have ex-hausted the five-year exemption period. These companies have two options:

• Continue to benefit from the former tax regime applicable to service companies with CFC status and, in particular, from the reduced CIT rate of. 8.75% CIT rate;

• Opt irrevocably for the new tax regime without claiming a new five-year exemp-tion period.

Baker McKenzie


8490545-v4\WASDMS

74

2. Tax treatment applicable to regional headquarters and representative offices of non-resident companies with CFC status

a) Tax regime applicable before 1st January 2020

These entities benefited from the reduced CIT rate of 10% as of the first fiscal year of CFC status.

The tax base of these entities was equal to:

‒ In case of a profit: to the greater amount resulting from the comparison of the tax result with the amount corresponding to 5% of the operating costs of these regional headquarters/representative offices

‒ In case of deficit: in the amount of 5% of the operating costs of these regional headquarters/representative offices.

b) New tax regime applicable as of 1st January 2020

i. Entities with CFC status as of 1st January, 2020These entities benefit from the following tax regime:

‒ Full exemption from CIT during the first 5 consecutive fiscal years of activity, from the first fiscal year of CFC status;

‒ Taxation at the reduced rate of 15% after this period;

‒ Permanent withholding tax exemption applicable to dividends and other income paid, made available or credited to an account by CFC companies.

ii. Entities with CFC status prior to 1st January, 2020

‒ CIT taxation at the reduced rate of 15%;

‒ Permanent withholding tax exemption applicable to dividends and other income other income from participating interests paid, made available or credited to an ac-count by CFC companies;

‒ Regional headquarters and representative offices of non-resident companies that obtained CFC status before 1st January 2020 are not eligible for the five-year exemp-tion from CIT as of that date

The above article appeared in February 2020 Francophone Africa Newsletter.

For additional information, contact: Richard Mugni, Céline van Zeebroeck, Fabien

Hecquet, or Keltoum Boudribila. A. Marilyn Batonga, contributed to this newslet-

ter.

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.

Publication Date

Title

Council (Совет) of the Eurasian Economic Commission Решение

25-02-20

№ 15 (21-02-20) On introducing amendments to the List of goods and rates for which during the transition period the Republic of Armenia applies import cus-toms duty rates different from the rates of the Single Customs Tariff of the Eur-asian Economic Union in relation to stamping foil

№ 16 (21-02-20) On the establishment of the rate of import customs duty of the Common Customs Tariff of the Eurasian Economic Union in relation to surimi of

https://bakerxchange.com/rv/ff005ace1ebe9561c8fe7416b64490307de20a0a/p=5755515






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/01425099/err_25022020_15






Baker McKenzie


8490545-v4\WASDMS

75

Publication Date

Title

certain types of fish and on amendments to the list of goods for which the Re-public of Kazakhstan, in accordance with the obligations assumed as a condi-tion of accession to the World Trade Organization, applies the import customs rates duties lower than the rates of duties of the Common Customs Tariff of the Eurasian Economic Union, and the size of such duty rates

Board (Коллегии) of the Eurasian Economic Commission Решения

06-02-20 № 23 (03-02-20) Establishment of the rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union for certain types of mollusks and krill meat

17-02-20

№ 24 (11-02-20) On approval of the Rules for the implementation of common processes in the field of information support of sanitary measures

№ 25 (11-02-20) On amending the list of general processes within the frame-work of the Eurasian Economic Union

21-02-20

№ 26 (18-02-20) On amendments to the list of goods for which preferential rates of import customs duties are applied in accordance with the Interim Agreement leading to the formation of a free trade zone between the Eurasian Economic Union and its member states, on the one hand, and the Islamic Re-public of Iran, on the other hand , dated May 17, 2018

№ 27 (18-02-20) On amendments to the Decision of the Board of the Eurasian Economic Commission of January 23, 2018 No. 9

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 27 January 2020. The table lists the tariff codes, a description, ra-

tionale (GRIs) for the decision.

AFRICA (EXCEPT NORTH AFRICA)

SOUTH AFRICA

South African Customs and Excise Act Amendments of Rules and Tariff Schedules

Date Publication

Details Subject

Implemen-tation Date

07-02-20 GG.43000 R.110

Amendment to Part 1 of Schedule No. 2, by the insertion of various items under item 213.03 in or-der to implement anti-dumping duties on clear float glass originating in or imported from Saudi Arabia and the United Arab Emirates – ITAC Re-port 615

Notice R.110

07-02-20

18-02-20 GG.43028 R.177

Amendment to Part 1 of Schedule No. 2, by the insertion of various items under item 213.03 in or-der to implement anti-dumping duties on clear float glass originating in or imported from Saudi Arabia and the United Arab Emirates – Final De-termination – Omission – ITAC Report 615

Notice R.177

18-02-20




















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

https://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2020-05%20-%20R110%20GG43000%20Sch%202P1%20Float%20Glass%207%20February%202020.pdf

https://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2020-06%20-%20R177%20GG43028%20-%20Schedule%202%20Part%201%20-%20Float%20Glass.pdf

Baker McKenzie


8490545-v4\WASDMS

76

Date Publication

Details Subject


26-02-20

Taxation Proposals as tabled by the Minister of Fi-nance in his Budget Review 2019 at 14:13

Taxation Proposals

26-02-20 * Note the time of ta-bling

28-02-20

GG.43051 R.230

Amendment to Part 1 of Schedule No. 4, by the substitution of rebate item 412.09/00.00/01.00, to exclude duty rebates or refunds in circumstances where damage, destruction or loss of goods as contemplated in those items occurs due to rob-bery or theft

Notice R.230

28-02-20

GG.43051 R.228


Notice R.228

GG.43051 R.229


Notice R.229

GG.43051 R.231

Amendment to Part 1G of Schedule No. 6, by the substitution of rebate item 624.50/000.00.00/0100 to exclude duty rebates or refunds in circum-stances where damage, destruction or loss of goods as contemplated in those items occurs due to robbery or theft

Notice R231

GG.43051 R.227

Amendment to Part 2 of Schedule No. 6, by the substitution of rebate item 634.03/000.00.00/01.00, to exclude duty rebates or refunds in circumstances where damage, de-struction or loss of goods as contemplated in those items occurs due to robbery or theft

Notice R.227

GG.43051 R.234

Amendment to Part 3 of Schedule No. 6, by the substitution of rebate item 670.10/000.00/01.00 to exclude duty rebates or refunds in circumstances where damage, destruction or loss of goods as contemplated in those items occurs due to rob-bery or theft

Notice R.234

GG.43051 R.233


Notice R.233

GG.43051 R.232


https://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2020-07%20-%20Taxation%20proposals%2026%20February%202020.pdf

https://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2020-08%20-%20Notice%20R230%20GG43051%20Schedule%204P1%2028%20February%202020.pdf



https://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2020-11%20-%20Notice%20R231%20GG43051%20Schedule%206P1G%2028%20February%202020.pdf




Baker McKenzie


8490545-v4\WASDMS

77

Date Publication

Details Subject


Notice R.232

GG.43051 R.226

Amendment to item no. 412.09/00.00/01.00 in paragraph 8 of Schedule 1 to the Value-Added Tax Act, 1991 (Act No. 89 of 1991), as a conse-quence of the amendment to rebate item 412.09/00.00/01.00 in Part 1 of Schedule No. 4 to the Customs and Excise Act, 1964 (Act No. 91 of 1964)

Notice R.226

OTHER AFRICAN COUNTRIES (EXCEPT NORTH AFRICA)

SENEGAL

Promoting start-ups in Senegal

In its Digital Agenda for 2016-2025, Senegal, which aims to become a leading

country in terms of innovation, had identified the promotion of an innovative digi-

tal industry as an area of development. In this regard, Senegal had considered

taking measures to improve support for the local digital private sector.

It is in this context that Law No. 2020-01 of 6 January 2020 regarding the crea-

tion and the promotion of start-ups in Senegal has been enacted, making Sene-

gal the second African country after Tunisia to adopt a specific law on the crea-

tion of startups.

This new law provides for a number of tax, social, custom and financial incen-

tives. It includes the provision of financing, guarantees for credit and capacity

building.

The law defines a start-up as “a company with an innovative and agile character

that has been established for less than eight years, with a strong growth potential

in search of a disruptive business model and financing mechanisms adapted to

its specificity in order to deploy its exceptional capacity to create value”.

Start-ups falling under the scope of the law, of which at least one third of their

capital is held by Senegalese nationals, Senegalese residents or legal persons

having their head office in Senegal may benefit from the advantages granted un-

der the law. Furthermore, a company created by Senegalese established abroad

will also be able to benefit from the new provisions, provided that at least half of

the start-up’s share capital is held by these persons.

Companies incorporated before the adoption of this law may benefit from the

same advantages provided they meet the above mentioned conditions.

Any start-up wishing to benefit from these advantages is subject to registration

with approved private or public supporting structures whose task will be to assist

start-ups in their creation and more generally in their development. A decree is

expected to provide a framework for these support structures.

All registered start-ups will be able to benefit from state support in the form of a

grant for the constitution of its company, intellectual property protection, reserva-

tion of the domain name .sn and any other necessary assistance during the be-

ginning of its activity.


https://www.sars.gov.za/AllDocs/Embargo/Tariffs/LAPD-LSec-CE-TA-2020-16%20-%20Notice%20R226%20GG43051%20Notice%20for%20VAT%20item%20412.09%2028%20February%202020.pdf

https://bakerxchange.com/collect/click.aspx?u=ecoCxrMru+ioChzQMjBz7Q==&rh=ff005ace1ebe9561c8fe7416b64490307de20a0a

https://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVbcF/3AasVV6RgTMmcyhbbsIVGn5VLBEupN0oXbqApX2KpyKsPgz5CYKX8EbLHXNBRYhHCJHzZdG0MesVt/CM+62lvXr3r/XyX0JVnIUsgmA==&rh=ff005ace1ebe9561c8fe7416b64490307de20a0a

https://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VVbcF/3AasVV6RgTMmcyhbbsIVGn5VLBEupN0oXbqApX2KpyKsPgz5CYKX8EbLHXNBRYhHCJHzZdG0MesVt/CM+62lvXr3r/XyX0JVnIUsgmA==&rh=ff005ace1ebe9561c8fe7416b64490307de20a0a

Baker McKenzie


8490545-v4\WASDMS

78

In addition to its registration, a start-up can apply for a certification, whose eligi-

bility criteria have yet to be defined by decree. Registered and certified start-ups

will be subject to obligations further set forth by decree and will be sanctioned in

the event of failure to comply with their liabilities.

A certified start-up will be able to benefit from public or private funds to finance

itself and to guarantee loans granted to it by credit institutions or investment com-

panies or in the context of the performance of a procurement contract.

Obtaining the start-up certification also allows the start-up to benefit from a pref-

erential regime consisting in the allocation of a five per cent margin of preference

in public procurement tenders. The certified start-up will be able to cumulate this

preferential margin with any other advantage granted by the regulations in force,

if it does not exceed a total of 25% of preferential arrangements.

Likewise, any candidate participating in a call for tender will be able to benefit

from a 5% margin of preference on the condition that 30% of the services cov-

ered by the contract are subcontracted to a certified start-up or that the bid is

submitted jointly with a certified start-up.

The Commission for Evaluation, Support and Coordination (Commission d’évalu-

ation, d’appui et de coordination or CAC) will be in charge of approving the sup-

porting structures, will set up the criteria for the certification of start-ups and will

also create a platform dedicated to the formalities of registration and certification

of start-ups.

A training and capacity building platform for start-ups will be also be set up in or-

der to recommend a list of experts in various fields (finance, marketing, etc.) in

order to assist and strengthen the skills of start-ups.

The role of the CAC includes the establishment of implementing modalities to

promote the access of start-ups to public procurement as well as coordination

with the actors involved in the start-up ecosystem to find alternative mechanisms

for financing the start-ups. A decree is expected to provide a framework for the

missions and the organization of the CAC.




ter.

TOGO

New Law pertaining to Audio-visual Communications in Togo

Togo recently adopted Law No. 2019-016 of 30 October 2019 on the legal re-

gime applicable to audio-visual communications in order to adapt its legislation to

new technologies and to migrate to digital television. The new law thus enshrines

digital broadcasting as a universal service in the Togolese Republic for both tele-

vision and radio.

The purpose of the law is also to enable the High Authority for Audio-visual and

Communication “HAAC” to carry out its role as guardian of ethics and deontology

in the media and communication sector as provided for in Organic Law No. 2018-

029 amending Organic Law No. 2004-021 of 15 December 2004. Thus, the







https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39Rgad3varvGBsgBxp2HPqemzVUH5qUAy4n4jw6db6DgQcoC9yRVnh1qfqIP4k+FgbngwsIOpXBygvj8tH0yDRIktNO8zkVsHt+y/6Xc4hHeZpCnozTaCkRg&rh=ff005ace1ebe9561c8fe7416b64490307de20a0a




Baker McKenzie


8490545-v4\WASDMS

79

HAAC is designated by Law No. 2019-016 as the guarantor of freedom, equal

treatment, impartiality and independence of the media; it must promote competi-

tion and ensure diverse and inclusive programming.

The HAAC is competent to issue authorizations to legal entities under private law

for the exercise of any activity of publishing, distribution and broadcasting of au-

dio-visual communication services in return for a periodical fee, the amount and

terms and conditions of collection and distribution of which shall be provided by

decree issued by the Council of Ministers.

As far as the publishing activity is concerned, publishers must obtain the required

authorizations from HAAC for “value-added” services. The law also provides that

the operation in the Togolese Republic, whether free of charge or against pay-

ment, of an Internet site providing audio-visual communication services in any

form whatsoever (including, for example, on-demand audio-visual media ser-

vices) is subject to authorization issued by the HAAC. The operation of a website

providing print media services is also subject to authorization. The law further

specifies that the hosting of websites providing audio-visual communication ser-

vices or press organizations is provided by a host established in Togo and the

main domain name must have a “.tg” extension, unless technical and economic

conditions justify hosting the website outside Togo.

As far as the distribution of services is concerned, those who broadcast or mar-

ket satellite packages sign an agreement with the HAAC. Distributors of Personal

Mobile Television services, for their part, apply for authorization from the HAAC.

In addition, the service publisher must grant, for a fee, requests from Personal

Mobile Television distributors to take on their services when the distributor has

an agreement with the HAAC.

In the event of failure to obtain or comply with the applicable authorization or

agreement requirements, and after formal notice, applicable sanctions range

from a financial penalty to the suspension of a program or the suspension or

withdrawal of the authorization or agreement.




ter.

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]







https://bakerxchange.com/rv/ff0055d3fcd37592b302cf76824e8c515ac467c7



Baker McKenzie


8490545-v4\WASDMS

80

Publications, Alerts, Newsletters

The following Baker McKenzie publications, client alerts, legal alerts, newsletters

or postings released during the period of coverage of this Update may be of inter-

est to you:

Subject

International Trade, Tax and Anti-corruption

Global International Trade Compliance Update – February 2020 {older issues}

North America International Commercial / Employment & Compensation Client Alert: US-MCA Labor Provisions Have Potential Commercial Impact

North America International Commercial & Trade / Litigation & Government Enforcement Client Alert: USMCA Restricts Access to International Arbitration

North America Tax News and Developments - February 2020

Insight: Future Trade Across the Channel: Deal or No-Deal and Long-Term Effects

HHP Law Firm Tax and Trade Client Alert: Lower Threshold for Import Duty Exemption on ECommerce as Part of Making Indonesia 4.0

Kyiv International Commerce and Trade Client Alert: Ukraine cancels special economic sanctions imposed against about 27,000 companies

Kyiv Tax Client Alert: Tax Code Overhaul in Ukraine (Eng.); Україна реформує податкову систему: Анти-BEPS та інші істотні нововведення (Ukr.)

Global Automotive Group Newsflash: Tariffs on autos: Still a threat or not? With the Legal Status of the Section 232 Report Unclear, the Trump Administration Emphasizes its Au-thority to Impose Duties

Thailand Tax Client Alert: New tax-reporting obligation for banks and e-payment service providers

Baker McKenzie FenXun Beijing/Hong Kong/Shanghai Compliance & Investigations Client Alert: China’s ranking improves in Transparency International’s latest Corruption Percep-tion Index

Francophone Africa Legal Alert February 2020 Newsletter (English and French)

Other areas

Baker McKenzie FenXun Dispute Resolution Client Alert: Coronavirus outbreak: Force

majeure from a PRC law perspective (Eng.); 冠状病毒疫情爆发：中国法下的不可抗力

(Chin.)

Beijing/Hong Kong/Shanghai Dispute Resolution Client Alert: Hong Kong Court confirms the SFC’s investigation powers over digital devices in search operations

Hong Kong Financial Services Client Alert: Key regulatory issues for financial institutions in Hong Kong during the coronavirus outbreak

China Employment & Compensation Client Alert: What should employers in China be doing in the face of the coronavirus outbreak?

Singapore Dispute Resolution Client Alert: Would the novel coronavirus constitute a force majeure event in contracts governed by Singapore law?

Taipei Dispute Resolution Client Alert: Coronavirus: Crisis Management through Force Majeure

Vietnam Dispute Resolution Client Alert: Coronavirus: Precautionary measures through force majeure

Insight: Quarantine Bill Signed off by Brazilian President

Hong Kong Financial Services Client Alert: Hong Kong Securities and Futures Commission clarifies licensing requirements for family office

Insight: Developments on Trademark Laws in Myanmar (also in Myanmar Intellectual Prop-erty Client Alert: IP Bulletin)

Vietnam Climate Change Client Alert: Vietnam’s proposed new draft regulations on green-house gas emissions reductions and other climate change adaptation measures

Vietnam Renewable Energy Client Alert: Updates to Vietnam’s Draft Decision on solar power: New proposal extends the scope of solar farms potentially eligible for new FiTs, but still leaves alternative tariff mechanisms for other solar projects unresolved

https://www.bakermckenzie.com/en/insight/publications/2020/02/international-trade-compliance-update

https://www.internationaltradecomplianceupdate.com/newsletter-archive/

https://bakerxchange.com/rv/ff005a5af507c5b964cfafbf614c89cc7c48c7e5

https://bakerxchange.com/rv/ff005a5af507c5b964cfafbf614c89cc7c48c7e5

https://bakerxchange.com/rv/ff005a0482a8afc8d1fd1a02db4f87db668caf61

https://bakerxchange.com/rv/ff005a0482a8afc8d1fd1a02db4f87db668caf61

https://bakerxchange.com/rv/ff005a6b855f32fdf4018bf760409c646fce3459

https://www.bakermckenzie.com/en/insight/publications/2020/02/future-trade-across-the-channel

https://www.bakermckenzie.com/-/media/files/insight/publications/2020/01/hhp-law-firm--client-alert--lower-threshold-for-import-duty-exemption-on-ecommerce-as-part-of-making-indonesia-40-jan2020.pdf

https://www.bakermckenzie.com/-/media/files/insight/publications/2020/01/hhp-law-firm--client-alert--lower-threshold-for-import-duty-exemption-on-ecommerce-as-part-of-making-indonesia-40-jan2020.pdf

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff005973882a92bdf2f76e84f5478b6c4a667504

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff005973882a92bdf2f76e84f5478b6c4a667504

https://bakerxchange.com/rv/ff0058be61ac7b08c52a73b07745ab1878f85b39

https://bakerxchange.com/rv/ff0058be61ac7b08c52a73b07745ab1878f85b39/p=5924183

https://bakerxchange.com/rv/ff0058be61ac7b08c52a73b07745ab1878f85b39/p=5924183

https://bakerxchange.com/rv/ff005a3f6f943685a785a389794f97afd10277b5



https://bakerxchange.com/rv/ff005a21b6d8b461732e93f59a4ea695c578e560

https://bakerxchange.com/rv/ff005a21b6d8b461732e93f59a4ea695c578e560

https://bakerxchange.com/rv/ff0059ca9fdfa1a56e8bdbbe424787d065b447dc




https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff005a30c9dff9e0792c5f40d34a8b95fd566003

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff005a30c9dff9e0792c5f40d34a8b95fd566003

https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39RWbdhZcxnMChj7sk/DxvdG4ZYnqH0vi28CrfnthwQcgAqnFY34OJVjs3YaJbpuxgCRVOl00LXyLTaWOKT+UFeRbB8ChCuVFvKCvylFYa2VqGNv2+NWs39M9A2I1Zayrp+1RszvpxlDLJDQPXl9OYts&rh=ff005a30c9dff9e0792c5f40d34a8b95fd566003

https://bakerxchange.com/rv/ff005a9d0b54776984cdea961042a046256b3efd

https://bakerxchange.com/rv/ff005a9d0b54776984cdea961042a046256b3efd

https://bakerxchange.com/rv/ff005a87102a495002ffa5af18448825df29edfd

https://bakerxchange.com/rv/ff005a87102a495002ffa5af18448825df29edfd

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff0059729918d8c152fc9de6e9449551ff70253a

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff0059729918d8c152fc9de6e9449551ff70253a

https://f.datasrvr.com/fr1/820/14688/Baker_McKenzie_-_Client_Alert_-_Dispute_Resolution_-_Feb_2020.pdf

https://f.datasrvr.com/fr1/820/14688/Baker_McKenzie_-_Client_Alert_-_Dispute_Resolution_-_Feb_2020.pdf

https://www.bakermckenzie.com/-/media/files/insight/publications/2020/02/coronavirus-crisis-management-through-force-majeure.pdf

https://www.bakermckenzie.com/-/media/files/insight/publications/2020/02/coronavirus-crisis-management-through-force-majeure.pdf

https://www.bakermckenzie.com/-/media/files/insight/publications/2020/02/client-alert--dr--coronavirus-force-majeure.pdf

https://www.bakermckenzie.com/-/media/files/insight/publications/2020/02/client-alert--dr--coronavirus-force-majeure.pdf

https://www.bakermckenzie.com/en/insight/publications/2020/02/quarantine-bill-signed-brazilian-president

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff005971e94e1d9012be68b37449a9b0b329e3b2

https://bakerxchange.com/collect/click.aspx?u=okCnMhIBMSuY7zcQkoxZ2g==&rh=ff005971e94e1d9012be68b37449a9b0b329e3b2

https://www.bakermckenzie.com/en/insight/publications/2020/02/developments-on-trademark-laws-in-myanmar

https://bakerxchange.com/cv/47e2f73d9b99c191d1c50e70fa57276b51326af5

https://bakerxchange.com/cv/47e2f73d9b99c191d1c50e70fa57276b51326af5

https://f.datasrvr.com/fr1/020/80961/Client_Alert_-_Climate_Change_-_Greenhouse_Gas_(GHG)_Mitigation_and_Climate_Change.pdf

https://f.datasrvr.com/fr1/020/80961/Client_Alert_-_Climate_Change_-_Greenhouse_Gas_(GHG)_Mitigation_and_Climate_Change.pdf

https://bakerxchange.com/rv/ff005a8634f447c4204c46a7d64899e3289d337c



Baker McKenzie


8490545-v4\WASDMS

81

Subject

Ukraine Banking & Finance Client Alert: Ukraine’s FX Market: Review of 2019 and Outlook for 2020

Connect on Tech Blog: Privacy is Coming: Preparing for the Storm of Privacy Bills Looming in 2020

Connect on Tech Blog: Brexit Implications on Privacy Shield and Data Transfers

Connect on Tech Blog: Schrems II: The Data Exporter Perspective

Connect on Tech Blog: Schrems II: The Data Importer Perspective

Kyiv Dispute Resolution Client Alert: Judicial Reform: New Role of the Supreme Court Case Law (Eng.); Судова реформа: нова роль практики Верховного Суду (Ukr.)

Kyiv Employment and Migration Client Alert: New rules requiring from employers greater protection for whistleblowers (Eng.); Нові обов’язки роботодавців щодо викривачів корупції (Ukr.); Новые обязанности работодателей в отношении обличителей коррупции (Rus.)

Mexico Aviation Client Alert: New medical requirements for federal transportation person-nel (Eng.); Publica SCT nuevos requisitos médicos para personal de transporte federal (Span.)

EMEA Healthcare & Life Sciences Newsletter - February 2020

Global Future Mobility Group Newsflash: DOT Updates Policies and Guidance for Auto-mated Transportation - AV 4.0

UK Client Alert: UK data privacy compliance: lessons from the ICO’s first fine

Mexico Employment Client Alert: A New Age for Mexico’s Labor Law: New Protections for Labor Unions and a New Labor Justice System (Eng.); Nueva Era de la Legislación Labo-ral en México: Nuevas Disposiciones en Materia Sindical y un Nuevo Sistema de Justicia Laboral (Span.)

Mexico Employment Client Alert: New Protocol in Place for Unions to Legitimize Collective Bargaining Agreements (Eng.); Nuevo Protocolo para Legitimar Contratos Colectivos de Trabajo (Span.)

Vietnam Renewable Energy Client Alert: Vietnam’s official principles and priority orders for approving the inclusion of new power and energy projects in the master plan

WEBINARS, MEETINGS, SEMINARS, ETC.

Join us for our 17th Annual Global Trade and Supply Chain Webinar Series entitled, “International Trade: Basics and Trends” which includes the latest international trade developments and updates on Trade Wars, Brexit, Trade Agreement negotiations and key Customs, Export Controls and Sanctions developments. In addition to our usual topics of Customs and Export Controls/Sanctions, we will also cover Foreign Investment Review regimes around the world. Our program of basic webinars will cover the areas of Customs, Export Controls and

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

https://bakerxchange.com/rv/ff0059ce0500708d6225136fe84dbf01462ae072

https://bakerxchange.com/rv/ff0059ce0500708d6225136fe84dbf01462ae072

https://www.connectontech.com/2020/02/10/privacy-is-coming-preparing-for-the-storm-of-privacy-bills-looming-in-2020/#page=1

https://www.connectontech.com/2020/02/10/privacy-is-coming-preparing-for-the-storm-of-privacy-bills-looming-in-2020/#page=1

https://www.connectontech.com/2020/02/10/brexit-implications-on-privacy-shield-and-data-transfers/#page=1

https://www.connectontech.com/2020/02/12/schrems-ii-the-data-exporter-perspective/

https://www.connectontech.com/2020/02/19/schrems-ii-the-data-importer-perspective/#page=1

https://bakerxchange.com/rv/ff0059cae2f1dff14fd61484004b9ebc64a335df

https://bakerxchange.com/rv/ff0059cae2f1dff14fd61484004b9ebc64a335df

https://bakerxchange.com/rv/ff0059cae2f1dff14fd61484004b9ebc64a335df/p=5924183

https://bakerxchange.com/rv/ff005a8719357895f37e1a924a429de8ebb6a4cb

https://bakerxchange.com/rv/ff005a8719357895f37e1a924a429de8ebb6a4cb

https://bakerxchange.com/rv/ff005a8719357895f37e1a924a429de8ebb6a4cb/p=7623726




https://bakerxchange.com/cv/46b23824c4763a79eeaa3f5da810198c598e1f00

https://bakerxchange.com/cv/46b23824c4763a79eeaa3f5da810198c598e1f00

https://bakerxchange.com/cv/9a1492df4622f2d4ed5ac47b5d4dbee423e94f38

https://bakerxchange.com/rv/ff005a530fae0b3c3698c667dc4fb9bddabf9a01

https://bakerxchange.com/rv/ff0058849b92d29641cc4f9f4f4ba5a29296bcce

https://bakerxchange.com/rv/ff0058849b92d29641cc4f9f4f4ba5a29296bcce

https://bakerxchange.com/rv/ff005a6a97048d2af6d0af837a409c9a786fa4bb

https://bakerxchange.com/cv/b333d546fe12c409760f17badc5c94b7909910b2

https://bakerxchange.com/cv/b333d546fe12c409760f17badc5c94b7909910b2

http://bakerxchange.com/cv/743ae12367aebe0203fd9eedb7ec8e01df19dcf0



http://bakerxchange.com/cv/7ca95474d1759dc6567eebc41825c32fd6dfbf62

http://bakerxchange.com/cv/7ca95474d1759dc6567eebc41825c32fd6dfbf62

http://bakerxchange.com/cv/cd7ddc1f8afa805ebca30130926565c6a70dacc8

http://bakerxchange.com/cv/cd7ddc1f8afa805ebca30130926565c6a70dacc8

https://bakerxchange.com/rv/ff005ab601d9cd66abe993997e44ad01804ac1d4

https://bakerxchange.com/rv/ff005ab601d9cd66abe993997e44ad01804ac1d4

https://bakerxchange.com/collect/click.aspx?u=vkXTCljR8NNDRlE7tayYPRJ9BqDuhgoT&rh=ff00571bdd00282cdfaecf45f143b29cfba3cff4

Baker McKenzie


8490545-v4\WASDMS

82

Sanctions. These webinars (dates highlighted in blue) are primarily aimed at participants who are new to Global Trade and/or those who would like a refresher. All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run for 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. All webinars are complimentary and you can sign-up for as many as you would like.

Login Details: Log-in details will be sent via email one week before the event.

Webinar Series Lead: Adriana Ibarra-Fernandez Partner, Mexico City T +52 55 5279 2947

Sylwia Lis Partner, Washington, DC T + 202 835 6147 Jennifer F. Revis Partner, London T +44 20 7919 1381

These webinars are all complimentary.

Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit:

Applied for 1.5 general California CLE credit, 1.5 general Illinois CLE credit, 1.5 ar-eas of professional practice New York CLE credit, and 1.5 general Texas CLE credit. 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 12/12/18-12/11/21. This program is appro-priate for both experienced and newly ad-mitted New York attorneys. Baker & McKen-zie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. **While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.

Applied for 1.5 CCS, CES and MES credit by the National Customs Brokers & For-

warders Association of America, Inc.

DatDate Topic and Speakers

Tuesday, January 28

US, Brazil, EU China Trade Policy and FTA Update plus Brexit

Speakers: Stu Seidel (Washington, DC), Meera Cordelia Lara Rolaz (Sao Paulo), Jon Cowley (Hong Kong), Jenny Revis (London), and Meera Rolaz (London), Pablo Bentes (Geneva)

Tuesday, February 25

Basic: How to Classify Your Products (Customs)

Speakers: Jose Hoyos-Robles (Mexico City), John Foote (Washington, DC), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta)

Tuesday, March 31

Foreign Investment Review Regimes Around the World: Focus on US, UK, Germany, Italy, and Canada

Speakers: Sylwia Lis (DC), Ross Evans (London), Anahita Thoms (Dusseldorf), Antonio Lattanzio (Rome), Yana Ermak (Toronto) Moderator: Rod Hunter (DC)

Tuesday, April 28

Basic: Key Compliance Issues under US, EU, and China Export Controls

Speakers: Lise Test (Washington, DC), Ben Smith (London), Jenny Pan (Shang-hai)

Tuesday, May 19

Restricted Parties Screening: Compliance Issues and Best Practices under US, EU, and Canadian Trade Sanctions and Export Controls

Speakers: Meghan Hamilton (Chicago), Alexandra Alberti (London), Brian Cacic (Toronto)

Tuesday, June 23

Basic: How to value your products (Customs) Speakers: Kevin Nordin (London); Jaap Huenges Wajer (Amsterdam); John McKenzie (San Francisco); Ivy Tan (Kuala Lumpur)

Tuesday, July 28

What you need to know about importing into Africa, China, Russia and the Middle East (Customs) Speakers: Virusha Subban (Johannesburg), Tina Li (Shanghai), Vladimir Efremov (Moscow), and Laya Aoun Hani (Dubai)

REGISTER NOW!

https://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VXzW+LgmoKtMEwazLYYSpWv1Owyyv1oGJE=&rh=ff00571bdd00282cdfaecf45f143b29cfba3cff4



https://www.bakermckenzie.com/en/insight/publications/2020/02/trade-policy-brexit-fta-update

https://www.bakermckenzie.com/en/insight/publications/2020/02/trade-policy-brexit-fta-update

https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39TtE4vbsWVUddUQNJOz8mkurTT+Pc63zbf1crmngSMojpbkjRtbDCy1W8IOf18xLfjv+gHY4pSNqLzxeU8BJXe3fRupK2AqtfY=&rh=ff00571bdd00282cdfaecf45f143b29cfba3cff4




Baker McKenzie


8490545-v4\WASDMS

83

Tuesday, August 25

Basic: Key Compliance Issues under US, EU, and Canada trade Sanctions Speakers: Callie LeFevre (Washington, DC), Sven Bates (London), Quentin Vander Schueren (Toronto)

Interested in learning more?

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.

Tuesday, September 29

Customs Audits and Latest Customs Developments

Speakers: Andrea Dieguez (Mexico City) Nicole Looks (Frankfurt), Kelvin Hong (Kuala Lumpur), John Foote (Washington, DC)

Tuesday, October 27

Basic: How to determine the origin of your products (Customs) Speakers: Jessica Mutton (London), Mariana Rojas (Mexico City), Eukyung Kim Shin (Chicago), Weng Keong Kok (Hong Kong)

Tuesday, November 24

Hot Topics in US, EU, Russian Trade Sanctions and Export Controls Speakers: Inessa Owens (Washington, DC), Derk Christiaans (Amsterdam), Julian Godfray (London), Alexander Bychkov (Moscow)

Tuesday, December 15

What you need to know about importing into Mexico, Brazil and Argentina (Customs) Speakers: Veronica Rejon (Guadalajara), Alessandra Machado (Sao Paulo), and Esteban Ropolo (Buenos Aires

Our 16th annual Global Trade and Supply Chain Webinar Series was entitled, “2019: What’s Up in International Trade? Keeping up to Speed on Evolving Challenges”. The series included 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 also covered Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour.

We expanded our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange)

Details

Duration: 90 Minutes Webinar Series Lead: Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com



https://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VUese5zMzQdI9PLBj6qBNGNqE8uocHMBhp+xDdxMsF7DuBu0R6lWzvFwQ9Y7FKthZc=&rh=ff0057372a2f7cfc0ef1c771fd40b30e6c94b187

https://bakerxchange.com/collect/click.aspx?u=/G1GTPto3VUese5zMzQdI9PLBj6qBNGNqE8uocHMBhp+xDdxMsF7DuBu0R6lWzvF2XQmLu7T1xUSk/gJNns0kQ==&rh=ff0057372a2f7cfc0ef1c771fd40b30e6c94b187

https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39Sc2XzI3x6OnWaixTU8POnnYQBeC0zUuTo=&rh=ff0057372a2f7cfc0ef1c771fd40b30e6c94b187

Baker McKenzie


8490545-v4\WASDMS

84

was primarily aimed at participants who were new to Global Trade and/or those who would like a refresher.

Jenny Revis, a partner in our London office and co-

leader of the EMEA Customs practice, and others moderated these webinars and were joined by experts from across our global network.

If you missed a webinar or 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 indi-cates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.

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 and Cindy Ow-ens DC), Jenny Revis (London), and Meera Rolaz (London)

March 19 Basic: Export controls and sanc-tions

Speakers: Ben Smith (London), Olof Konig (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam)

April 30 Export compliance investigation and 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: Jennifer Revis and Meera Cordelia Lara Rolaz (London) Jon Cowley (Hong Kong), and Quentin Vander Schueren (Toronto)

These webinars were complimentary.

Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit:

Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE 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?

http://www.internationaltradecomplianceupdate.com/webinars/

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

https://www.bakermckenzie.com/en/insight/publications/2019/05/export-compliance-invesstigation-and-disclosures

https://www.bakermckenzie.com/en/insight/publications/2019/05/export-compliance-invesstigation-and-disclosures

https://www.bakermckenzie.com/en/insight/publications/2019/05/how-to-determine-origin-products

https://www.bakermckenzie.com/en/insight/publications/2019/05/how-to-determine-origin-products

https://www.bakermckenzie.com/en/insight/publications/2019/08/overview-of-global-abc-enforcement

https://www.bakermckenzie.com/en/insight/publications/2019/08/overview-of-global-abc-enforcement

https://www.bakermckenzie.com/en/insight/publications/2019/08/how-to-value-your-products

https://www.bakermckenzie.com/en/insight/publications/2019/08/how-to-value-your-products



http://www.internationaltradecomplianceupdate.com/

Baker McKenzie


8490545-v4\WASDMS

85

August 27 Foreign investment review regimes around the world: Focus on US, EU, UK, Germany and Canada

Speakers: Ross Evans; (London) Rod Hunter and Sylwia Lis (DC), Anahita Thoms (Dusseldorf) and Yana Ermak (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 Paolo), Jon Cowley and Tina Li (Hong Kong), and Armando De Lille (Monter-rey)

October 29 Key updates on export controls and sanctions (US, EU/UK, APAC, Rus-sia)

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)

13 November 2019 – 2019 Year-End Review of Import/Export Developments (Export Controls and Economic Sanctions)

United States Export Control Developments

CFIUS Developments

European Union Export Control Developments

Asia/Pacific Export Control Developments

Canada Export Control Developments

Economic Sanctions

Export Control and Economic Sanctions Enforcement Developments

https://video.bakermckenzie.com/embed?id=8da41da6-52de-4872-9a22-c622e0413c71&autoplay



https://www.bakermckenzie.com/en/insight/publications/2019/09/customs-and-import-developments-overview



https://www.bakermckenzie.com/en/insight/publications/2019/11/key-updates-on-export-controls-and-sanctions




https://www.bakermckenzie.com/en/insight/publications/2019/12/overview-of-customs-and-import-developments



https://www.bakermckenzie.com/en/insight/publications/2019/12/managing-emerging-compliance-risks

https://www.bakermckenzie.com/en/insight/publications/2019/12/managing-emerging-compliance-risks

https://video.bakermckenzie.com/embed?id=8eb5e0d7-1ba3-4681-864d-79aee3d9fa96

https://video.bakermckenzie.com/embed?id=8eb5e0d7-1ba3-4681-864d-79aee3d9fa96

Baker McKenzie


8490545-v4\WASDMS

86

Click here to view all materials

14 November 2019 – 2019 Year-End Review of Import/Export Developments (Customs and Import Compliance Developments)

Trade Wars

Trade Agreements Developments

Customs and Import Developments: An Overview

Update on Foreign Import Regulations and Developments

Click here to view all materials

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



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


Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil

Update on Foreign Import Restrictions

Anti-Corruption Compliance and Trade Issues


https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39RWbdhZcxnMChj7sk/DxvdGFofAcBfRbbeSoooW21eZYupbur/eHqyqRV5baCrpO8RF5CYd6BW4x7Oxe6vthE8mw3SVI3N6RG7YbewEP2hssmqrwwLQ91UW94ghQgcDXZWH9Un3Ub7+nJQHUxl9zyE7&rh=ff00553e8ce702f24dcaaaddbe4f83d347fd1853

https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39TET6oZ2lMy7YOFQVJEvehXRAajsm4oB+8w6d2Uxbx0vy8HlZEM6wNi0u+KVQDjGrNMYy/D22DO/8YgWl5tQFmMTVmHDWRaUXw=&rh=ff00553e8ce702f24dcaaaddbe4f83d347fd1853

https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39TET6oZ2lMy7YOFQVJEvehXRAajsm4oB+8w6d2Uxbx0vy8HlZEM6wNi0u+KVQDjGrNMYy/D22DO/8YgWl5tQFmMTVmHDWRaUXw=&rh=ff00553e8ce702f24dcaaaddbe4f83d347fd1853

https://bakerxchange.com/collect/click.aspx?u=jRYOrR8N39RWbdhZcxnMChj7sk/DxvdGxUmPhXXkIqxYbxjsJNQdLUwZMt+je4rwDsyJGfjEZpar0p2MGC1Y1cQB6AdcD1Ff+Vy27Q06FVC5ehMPuY3r/14ZT38TCJtnw3PHKOtQ6mK0QZIADx6Fu2wc2lVST2Vs&rh=ff00553e8ce702f24dcaaaddbe4f83d347fd1853

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


Baker McKenzie


8490545-v4\WASDMS

87

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



Emerging Export Control Programs in the Asia/Pacific Region

Economic Sanctions Developments

Export Control and Economic Sanctions Enforcement


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


Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil

Update on Foreign Import Restrictions

Anti-Corruption Compliance and Trade Issues


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.

https://video.bakermckenzie.com/embed?id=cc5f2a4e-5aa5-4c0e-b1f5-8d221ebeae19


https://video.bakermckenzie.com/embed?id=48ae8b19-721d-411d-9ba3-226fd030037d




Baker McKenzie


8490545-v4\WASDMS

88

Member Notification Date Issued Final Date

for Comments

Merchandise Covered

Albania ALB/95 02/20/2020 04/20/2020 Integrated Waste

Argentina ARG/369/Add.1 01/31/2020 Not given Natural gas (HS 271111)

Argentina ARG/337/Add.2 01/31/2020 Not given Solar collectors and compact solar systems

Argentina ARG/297/Add.14

02/03/2020 Not given Low-voltage electrical products

Argentina ARG/344/Add.3 02/03/2020 Not given Construction materials and building

Argentina ARG/373/Add.1 02/03/2020 Not given

Light-emitting diode (LED) lamps for general light-ing services; electric filament or discharge lamps, including sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps (HS 8539)

Argentina ARG/374/Add.1 02/03/2020 Not given

Dishwashers for household use; Dish washing ma-chines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, seal-ing or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrap-ping machinery (including heat-shrink wrapping ma-chinery); machinery for aerating beverages (HS 8422)

Argentina ARG/376/Add.1 02/03/2020 Not given Electric pumps for domestic use; pumps for liquids, whether or not fitted with a measuring device; liquid elevators (HS 8413)

Argentina ARG/385 01/31/2020 Not given Medicinal preparations for human use

Argentina ARG/386 01/31/2020 03/03/2020 Compressed or liquefied natural gas

Argentina ARG/387 02/03/2020 02/27/2020 Electrofusion fittings for piping systems

Australia AUS/68/Add.1 02/04/2020 Not given Water efficient products (HS Chapter 8451)

Australia AUS/116 02/27/2020 04/27/2020 All industrial chemicals used in Australia. This does not include chemicals used in therapeutic goods and agricultural and veterinary chemicals.

Bangladesh BGD/3 02/20/2020 03/01/2020

These rules will be applicable for the following cate-gories of electrical and electronic products: 1. Household appliance; 2. Monitoring and Control equipment; 3. Medical Equipment; 4. Automatic Ma-chine;

Bolivia BOL/19 02/07/2020 04/07/2020

Wooden furniture of a kind used in offices (HS 940330); Wooden furniture of a kind used in the kitchen (HS 940340); Wooden furniture of a kind used in the bedroom (HS 940350); Other wooden furniture (HS 940360)

Brazil BRA/320/Add.4 02/05/2020 Not given Coconut water

Brazil BRA/962 02/05/2020 4/8/2020 HS Code 20.09; Chapter 22 Beverages, wines and derivatives of grape and wine

Brazil BRA/963 02/05/2020 Not given HS Code: 2710.12.5 Gasoline for automotive use

Brazil BRA/669/Add.1 02/11/2020 Not given Instantaneous gas water heaters (HS 841911)

Brazil BRA/829/Add.2 02/11/2020 Not given Fish, molluscs, crustaceans (HS 0304, HS 0307, HS 0306)

Brazil BRA/964 02/11/2020 04/11/2020 Air conditioning machines, comprising a motor-driven fan and elements for changing the tempera-ture and humidity, including those machines in

Baker McKenzie


8490545-v4\WASDMS

89


for Comments

Merchandise Covered

which the humidity cannot be separately regulated (HS 8415)

Brazil BRA/965 02/11/2020 Not given Certification of Local Content

Brazil BRA/373/Rev.1/Add.3

02/14/2020 Not given Mattress and mats made of flexible polyurethane foam (HS 9404)

Brazil BRA/375/Add.7 02/13/2020 Not given

Pencil sharpeners (HS 8214.10); backpacks and briefcases (HS 4202); drawing sets (HS 9017); Ball point pens; felt tipped and other porous -tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or slid-ing pencils (HS 9608); student rubber (HS 4016); child scissors (HS 8214); student glue (HS 3505) and others school items

Brazil BRA/719/Add.2 02/13/2020 Not given Beverage, wine and grape product

Brazil BRA/965/Add.1 02/13/2020 Not given Certification of Local Content

Brazil BRA/966 02/13/2020 04/06/2020 Whey and modified whey, whether or not concen-trated or containing added sugar or other sweeten-ing matter (HS 040410); Milk and milk products

Brazil BRA/967 02/13/2020 04/26/2020

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel (HS 1702); Extracts, es-sences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof (HS 2101); Wa-ters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 20.09 (HS 2202)

Brazil BRA/968 02/14/2020 04/20/2020 HS Code(s): 3402; 340119; 340120; 330290 (sani-tizing products)

Brazil BRA/969 02/24/2020 Not given Hs Code: Chapter 85 Household electrical and electronic products and their components

Brazil BRA/970 02/24/2020 04/24/2020 Baby carriages and parts thereof (HS 8715)

Brazil BRA/971 02/24/2020 04/04/2020 Seed and seedlings

Brazil BRA/950/Add.1 02/25/2020 Not given HS Code(s): 84.81 GNV dispensers

Burundi BDI/70 02/12/2020 04/12/2020 Hacksaw blades

Burundi BDI/71 02/12/2020 04/12/2020 Hammers

Burundi BDI/72 02/12/2020 04/12/2020 Shovels and spades

Burundi BDI/73 02/12/2020 04/12/2020 Machete

Burundi BDI/74 02/12/2020 04/12/2020 Mattocks, picks, hoes and rakes (HS 820130)

Burundi BDI/75 02/12/2020 04/12/2020 Sugar and sugar products (Plantation (mill) white sugar)

Baker McKenzie


8490545-v4\WASDMS

90


for Comments

Merchandise Covered

Burundi BDI/76 02/12/2020 04/12/2020 Sugar and sugar products (Confectionery)

Burundi BDI/77 02/12/2020 04/12/2020 Sugar and sugar products (Raw cane sugar)

Burundi BDI/78 02/12/2020 04/12/2020 Sugar and sugar products (Refined white sugar)

Burundi BDI/79 02/12/2020 04/12/2020 Animal and vegetable fats and oils (Palm oil)

Canada CAN/607 02/04/2020 4/3/2020 Radiocommunications

Canada CAN/600/Add.1 02/07/2020 Not given HS 020110-500200 (Veal Weight)

Canada CAN/556/Add.1 02/21/2020 Not given Motor vehicle

Canada CAN/608 02/26/2020 05/04/2020 Radiocommunications

Chile CHL/514 01/20/2020 03/20/2020 Luminaires for road and street lighting

Chile CHL/515 01/22/2020 3/22/2020 Self-ballasted LED lamps for general lighting ser-vices.

Chile CHL/388/Add.2 01/31/2020 Not given Fluorescent self-ballasted lamps (compact fluores-cent lamps) for general lighting services

Chile CHL/391/Add.2 01/31/2020 Not given Self-ballasted LED lamps for general lighting ser-vices

Chile CHL/474/Add.1 01/31/2020 Not given Lighting chains

Chile CHL/475/Add.1 01/31/2020 Not given Sealed lighting chains

Chile CHL/476/Add.1 02/04/2020 Not given Gas-fired water heaters

Chile CHL/480/Add.1 02/04/2020 Not given Electric generators or generating sets operating on liquid fuel

Chile CHL/482/Add.1 02/04/2020 Not given Non-metallic (elastomeric) flexible hoses, with built-in threaded metal connectors, for gas-fired appli-ances for domestic use and similar

Chile CHL/484/Add.1 01/31/2020 Not given Socket-outlet mounted nightlights

Chile CHL/485/Add.1 02/03/2020 Not given Surface-cleaning appliances for household use em-ploying steam

Chile CHL/486/Add.1 02/03/2020 Not given Child-appealing portable luminaires

Chile CHL/487/Add.2 02/03/2020 Not given

Electronic audio/video, information technology and communication technology equipment, External power supplies for computers and tablet chargers (switch mode units)

Chile CHL/488/Add.1 02/03/2020 Not given Vertical steam irons

Chile CHL/490/Add.1 02/07/2020 Not given Gas-fired domestic cooking appliances

Chile CHL/491/Add.1 02/07/2020 Not given Transportable refillable welded steel cylinders for liquefied petroleum gas (LPG)

Chile CHL/492/Add.1 02/07/2020 Not given Natural gas pressure regulators, for pressures of 5 bar or more but not exceeding 100 bar

Chile CHL/516 02/06/2020 04/06/2020 Washing machines

Chile CHL/517 02/07/2020 04/06/2020 Steel structures

Chile CHL/500/Add.1 02/24/2020 Not given Milk and dairy products

Chile CHL/518 02/24/2020 04/24/2020 Generating sets

Baker McKenzie


8490545-v4\WASDMS

91


for Comments

Merchandise Covered

Colombia COL/240/Add.2 02/12/2020 Not given Foodstuffs for animals

Costa Rica CRI/136/Add.2 01/30/2020 Not given Pneumatic tyres

Costa Rica CRI/131/Add.1 01/30/2020 Not given Natural medicines for human use

Costa Rica CRI/136/Add.3 02/07/2020 Not given Pneumatic tyres

Ecuador ECU/229/Add.2 01/30/2020 Not given Dentistry equipment (HS 9018.49.90.90)

Ecuador ECU/234/Add.2 01/30/2020 Not given Dental chairs (HS 9402.10.10)

Ecuador ECU/235/Add.2 01/30/2020 Not given Dental units (HS 9018.49.90.10)

Ecuador ECU/365/Add.1 02/04/2020 Not given

Combined refrigerator-freezers, fitted with separate external doors (HS 841810); Compression-type (HS 841821); Other (HS 841829); Freezers of the chest type, not exceeding 800 l capacity (HS 841830); Freezers of the upright type, not exceeding 900 l capacity (HS 841840)

Ecuador ECU/344/Add.1 02/06/2020 Not given For gas fuel or for both gas and other fuels (HS 732111); For gas fuel or for both gas and other fuels (HS 732181)

Ecuador ECU/349/Add.2 02/04/2020 Not given

Combined refrigerator-freezers, fitted with separate external doors (HS 841810); Compression-type (HS 841821); Other (HS 841829); Freezers of the chest type, not exceeding 800 l capacity (HS 841830); Freezers of the upright type, not exceeding 900 l capacity (HS 8418.40)

Egypt EGY/1/Add.10 02/06/2020 Not given Food products







Egypt EGY/3/Add.27 02/06/2020 Not given Chemical, textile and engineering products



Egypt EGY/241 02/06/2020 04/06/2020 Respiratory protective devices

Egypt EGY/242 02/06/2020 04/06/2020 Commercial refrigerating appliances

Egypt EGY/243 02/06/2020 04/06/2020 Protection against excessive pressure (Bursting disc safety devices)

Egypt EGY/244 02/06/2020 04/06/2020 (HS: 0406); Cheese

Egypt EGY/245 02/06/2020 04/06/2020 Syringes, needles and catheters, Other medical equipment

Egypt EGY/246 02/06/2020 04/06/2020 Syringes, needles and catheters

Baker McKenzie


8490545-v4\WASDMS

92


for Comments

Merchandise Covered

Egypt EGY/247 02/06/2020 04/06/2020 Ergonomics, Buses

El Salvador SLV/160/Add.1 01/30/2020 Not given Natural medicines for human use

European Commun. EEC/101/Add.3 02/13/2020 Not given Agricultural and aquaculture products intended to be marketed as organic in the EU

European Union EU/640/Add.1 02/04/2020 Not given New motor vehicles and their trailers, as well as separate technical units and components intended for such vehicles.

European Union EU/639/Add.1 02/05/2020 Not given Wine products



European Union EU/642/Add.1 02/06/2020 Not given Single use plastic products, fishing gear and prod-ucts made from oxo-degradable plastic

European Union EU/698 02/06/2020 04/06/2020 Biocidal products

European Union EU/643/Add.1 02/12/2020 Not given Chemical substances

European Union EU/644/Add.1 02/18/2020 Not given Desmedipham (pesticide active substance)

European Union EU/646/Add.1 02/18/2020 Not given Tolclofos-methyl (pesticide active substance)

European Union EU/647/Add.1 02/18/2020 Not given Dimethoate (pesticide active substance)

European Union EU/648/Add.1 02/18/2020 Not given Cosmetics

European Union EU/649/Add.1 02/18/2020 Not given Substances

European Union EU/650/Add.1 02/18/2020 Not given Cosmetics

European Union EU/651/Add.1 02/18/2020 Not given Methiocarb (pesticide active substance)

European Union EU/652/Add.1 02/18/2020 Not given Electrical and electronic equipment

European Union EU/653/Add.1 02/18/2020 Not given Electrical and electronic equipment

European Union EU/654/Add.1 02/18/2020 Not given Short-range devices

European Union EU/699 02/20/2020 04/20/2020 Beta-cyfluthrin (pesticide active substance)

European Union EU/700 02/28/2020 04/28/2020 Food

France FRA/194 01/30/2020 03/30/2020 Mineral fertilizer; Organic soil conditioners

Guatemala GTM/77/Add.1 02/10/2020 Not given Pharmaceutical products

Guatemala GTM/77 02/03/2012 04/03/2012 Pharmaceutical products

Honduras HND/8/Add.2 01/30/2020 Not given Premium Petrol

Honduras HND/20/Add.2 01/30/2020 Not given Petroleum products (HS 2710)

Honduras HND/21/Add.2 01/30/2020 Not given Liquefied Petroleum Gases: Commercial Propane, Commercial Butane and Mixtures

Honduras HND/33/Add.2 01/30/2020 Not given Diesel fuel oil

Honduras HND/40/Add.2 01/30/2020 Not given Fuels

Honduras HND/73/Add.1 01/30/2020 Not given Natural medicines for human use

Baker McKenzie


8490545-v4\WASDMS

93


for Comments

Merchandise Covered

India IND/121 02/03/2020 04/03/2020 IS 5295 Ethylene Glycol (HS code 29053100)

India IND/122 02/03/2020 04/03/2020 IS 15623 Melamine (HS code 29336100)

India IND/123 02/03/2020 04/03/2020 IS 14709 n-Butyl Acrylate (HS code 29161210)

India IND/124 02/03/2020 04/03/2020 IS15030 Terephthalic Acid (HS code 29173600)

India IND/125 02/03/2020 04/03/2020 IS 537 Toluene (HS code 29023000)

India IND/126 02/03/2020 04/03/2020 IS 336 Ether (HS code 39072010)

India IND/129 02/07/2020 04/07/2020 Acetone (HS Code 2914 1100)

India IND/130 02/07/2020 04/07/2020 Beta Picoline (HS Code 2933 3916)

India IND/131 02/07/2020 02/22/2020 Toys

India IND/132 02/10/2020 04/10/2020 Gamma Picoline (HS Code 2933 3913)

India IND/133 02/10/2020 04/10/2020 Hydrogen Peroxide (HS Code 2847 0000)

India IND/134 02/10/2020 04/10/2020 Morpholine (HS Code 2933 3917)

India IND/135 02/10/2020 04/10/2020 PHENOL (HS Code 2907 1110)

India IND/136 02/10/2020 04/10/2020 Phosphorous Oxychloride (HS Code 2812 1030)

India IND/137 02/10/2020 04/10/2020 Phosphorous Pentachloride (HS Code 2812 1400)

India IND/127 02/13/2020 04/13/2020 Phosphorous Trichloride (HS Code 2812 1021)

India IND/128 02/13/2020 04/13/2020 Potassium Carbonate Anhydrous (HS Code 2836 4000)

India IND/138 02/13/2020 04/13/2020 PYRIDINE (HS Code 2933 3100)

India IND/139 02/13/2020 04/13/2020 Sodium Sulphide (HS Code 2830 1000)

India IND/140 02/14/2020 04/14/2020 Plain Copier Paper

India IND/141 02/14/2020 04/14/2020 Sodium Formaldehyde Sulphoxylate (HS Code 2831 1020)

India IND/142 02/17/2020 04/17/2020 Barium Carbonate (HS Code 2836 6000)

India IND/143 02/24/2020 04/24/2020

Products covered under the Notification include Toys, Dolls and similar other recreational goods which are governed by BIS standards as specified in Policy Condition No. 2 of the Chapter 95 of ITC (HS) 2017

India IND/118/Add.1 02/25/2020 Not given by country

Safety Glass

India IND/144 02/27/2020 04/27/2020 Sodium Tripolyphosphate Anhydrous (HS Code 2835 3100)

India IND/145 02/27/2020 04/27/2020 Food Products and Food Additives

Japan JPN/633/Add.1 02/03/2020 Not given Milliwave radar/sensor system

Japan JPN/653 02/07/2020 04/07/2020 Pharmaceutical products (HS 30)

Baker McKenzie


8490545-v4\WASDMS

94


for Comments

Merchandise Covered

Japan JPN/580/Add.2 02/10/2020 Not given Organic processed foods of animal origin and or-ganic processed foods of plant and animal origin.

Japan JPN/581/Add.2 02/10/2020 Not given Organic livestock and organic livestock products

Kenya KEN/973 02/25/2020 03/26/2020 Steel wire, wire ropes and link chains

Kenya KEN/974 02/25/2020 03/26/2020 Iron and steel products



Korea, Republic of KOR/876 02/17/2020 04/17/2020 Garden blowers, vacuums and blower vacuums

Korea, Republic of KOR/877 02/17/2020 04/17/2020 Air-cleaning appliances

Korea, Republic of KOR/878 02/17/2020 04/17/2020 Battery chargers

Korea, Republic of KOR/879 02/17/2020 04/17/2020 Luminaires

Malaysia MYS/100 02/06/2020 04/06/2020 Mineral water (HS code: 2201.10.10 00), Aerated water (HS code: 2201.10.20 00)

Malaysia MYS/101 02/06/2020 04/06/2020 All food

Myanmar MMR/3 02/24/2020 Not given Food, household goods, children’s goods, commu-nications goods, drugs and supplements, consumer goods and business goods

Nicaragua NIC/119/Add.1 02/06/2020 Not given Natural medicines for human use

Nicaragua NIC/160 02/06/2020 04/06/2020 Concrete setts

Panama PAN/108 02/10/2020 04/10/2020 Pharmaceutical products

Peru PER/119 02/04/2020 04/03/2020

Cylinders for the storage of compressed natural gas used as motor vehicle fuel; Carboys, bottles, flasks and similar articles (HS 392330); Containers for compressed or liquefied gas, of iron or steel (HS 7311); Other (HS 732619); Aluminium containers for compressed or liquefied gas (HS 7613)

Peru PER/109/Add.1 02/10/2020 Not given

Motor vehicles for the transport of ten or more per-sons, including the driver (HS 8702); Chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (HS 8706); Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711); Other vehicles, with spark-ignition internal combus-tion reciprocating piston engine (HS 87032); Other vehicles, with compression-ignition internal com-bustion piston engine (diesel or semi-diesel) (HS 87033); Other, with spark-ignition internal combus-tion piston engine (HS 87043); Road tractors for semi-trailers (HS 870120); Other (HS 870390); g.v.w. not exceeding 5 tonnes (HS 870421); g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes (HS 870422); Crane lorries (HS 870510); Concrete-mixer lorries (HS 870540); Other (HS 870590)

Peru PER/111/Add.1 02/12/2020 Not given

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;

Baker McKenzie


8490545-v4\WASDMS

95


for Comments

Merchandise Covered

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)

Philippines PHL/196/Rev.1/Add.1

02/06/2020 Not given Household and Similar Electrical Appliances whether locally manufactured/assembled or im-ported

Philippines PHL/230 02/13/2020 03/14/2020 Salabat or Instant Ginger Drink

Russian Federation RUS/98 02/12/2020 04/12/2020 Print media and book products for adults

Russian Federation RUS/99 02/21/2020 04/20/2020

Wadding, gauze, bandages (dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or in forms or packings for retail sale, for medical, surgical or veterinary use (HS 3005); Instruments and appliances used in medical, surgical, dental or veterinary sciences, in-cluding scintigraphic apparatus, other electro-medi-cal apparatus and sight testing instruments (HS 9018); X-ray, alpha, beta, gamma radiation appa-ratus; x-ray tubes, x-ray generators, high tension generators, control panels and desks, screens, ex-amination or treatment tables, chairs and the like (HS 9022); Furniture; medical, surgical, dental or veterinary (e.g. operating tables, hospital beds, dentists’ chairs) barbers’ chairs; parts (HS 9402).

Spain ESP/42 01/28/2020 03/28/2020 TARIC information; HS code 0409: Natural honey

Switzerland CHE/243 02/13/2020 05/10/2020 Organic products

Taiwan Economy TPKM/391/Add.1

02/03/2020 Not given Toys


02/07/2020 Not given Special dietary foods for patients

Taiwan Economy TPKM/401 02/14/2020 04/14/2020 Electric motorcycle charging system equipment and battery swap system equipment; Static converters (HS 850440)

Taiwan Economy TPKM/402 02/14/2020 03/15/2020 Child restraint system for vehicles; Other seats (HS 940180)

Taiwan Economy TPKM/403 02/14/2020 04/14/2020

Double-capped LED Lamps; Electric filament or dis-charge lamps, including sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps (HS 8539)


Electric storage drink water heaters (C.C.C. Code: 8516.10.00.00.9C); - Electric instantaneous or stor-age water heaters and immersion heaters (HS 851610)


A. Switches and relays, except very high accuracy capacitance and loss measuring bridges and high-frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20 mg per bridge, switch or re-lay. B. High-pressure mercury lamps for general

Baker McKenzie


8490545-v4\WASDMS

96


for Comments

Merchandise Covered

lighting. C. The following non-electronic measuring instruments, not including those installed in large equipment or used for high-precision measuring: (A) Barometers. (B) Hygrometers. (C) Manometers. (D) Thermometers. (E) Sphygmomanometers.


02/21/2020 Not given

Passenger cars, motorcycles, light-duty trucks of a gross weight less than 2,500 kilograms and com-mercial vehicles; Vehicles other than railway or tramway rolling- stock, and parts and accessories thereof (HS 87)


Double-capped LED Lamps (CCC Code: 8539.50.00.00.3B); Electric filament or discharge lamps, including sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps (HS 8539)

Tanzania TZA/379 02/03/2020 04/03/2020 Sugar and sugar products (Refined white sugar)

Tanzania TZA/380 02/03/2020 04/03/2020 Sugar and sugar products (Raw cane sugar)

Tanzania TZA/381 02/03/2020 04/03/2020 Sugar and sugar products (Plantation (mill) white sugar)

Tanzania TZA/382 02/03/2020 04/03/2020 Paper products (Kraft paper)

Tanzania TZA/383 02/03/2020 04/03/2020 Cardboard

Tanzania TZA/384 02/03/2020 04/03/2020 Cardboard

Tanzania TZA/385 02/03/2020 04/03/2020 Processes in the food industry

Tanzania TZA/386 02/14/2020 04/14/2020 Hand-operated tools

Tanzania TZA/387 02/14/2020 04/14/2020 Steel wire, wire ropes and link chains


Tanzania TZA/389 02/14/2020 04/14/2020 Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated (HS 7208); Iron and steel products

Tanzania TZA/390 02/14/2020 04/14/2020 Iron and steel products

Tanzania TZA/391 02/14/2020 04/14/2020 Hand-held tools in general


Tanzania TZA/393 02/14/2020 04/14/2020 Saws

Tanzania TZA/394 02/14/2020 04/14/2020 Aluminium products

Tanzania TZA/395 02/14/2020 04/14/2020 Films and sheets

Tanzania TZA/396 02/14/2020 04/14/2020 Cans. Tins. Tubes

Tanzania TZA/397 02/14/2020 04/14/2020 Films and sheets (ICS 83.140.10)

Tanzania TZA/398 02/14/2020 04/14/2020 Cans. Tins. Tubes

Tanzania TZA/399 02/14/2020 04/14/2020 Cans. Tins. Tubes (ICS 55.120)

Thailand THA/512/Add.1 02/13/2020 Not given Motorcycle emissions

Baker McKenzie


8490545-v4\WASDMS

97


for Comments

Merchandise Covered

Thailand THA/566 02/28/2020 04/28/2020 Hot-Rolled Flat Steel for Welded Structure

Turkey TUR/155 02/17/2020 04/17/2020 V-Belts

Turkey TUR/156 02/17/2020 04/17/2020 Valves - Cast Iron Ball Valves For Combustible Gases

Uganda UGA/1185 02/03/2020 04/03/2020 Refined white sugar; Other (HS 170199)

Uganda UGA/1186 02/03/2020 04/03/2020 Raw cane sugar; Cane sugar (HS 170111)

Uganda UGA/1187 02/03/2020 04/03/2020 Plantation (mill) white sugar; Other (HS 170199)

Uganda UGA/1184 02/20/2020 04/20/2020

Barbed wire of iron or steel; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing, of iron or steel (HS 7313); Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel (HS 7314)

Uganda UGA/1188 02/21/2020 04/21/2020

Stainless steel tanks; Of stainless steel (HS:720421); Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity ex-ceeding 300 litres, whether or not lined or heat-in-sulated, but not fitted with mechanical or thermal equipment. (HS:7309); Other (HS:731029)

Uganda UGA/1189 02/21/2020 04/21/2020

Aluminium-zinc coated plain steel sheets, alumin-ium-zinc coated corrugated steel sheets; Iron and steel (HS 72); Flat-rolled products of iron or non-al-loy steel, of a width of 600 mm or more, clad, plated or coated. (HS:7210)

Uganda UGA/1190 02/21/2020 04/21/2020

Steel roofing sheets; Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated (HS 7209); Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated (HS 7210)

Uganda UGA/1191 02/21/2020 04/21/2020 Fermented milk; - Other (HS 040390)

Uganda UGA/1192 02/21/2020 04/21/2020 Gouda Cheese; Other cheese (HS 040690)

Uganda UGA/1193 02/21/2020 04/21/2020 Cottage cheese; Fresh (unripened or uncured) cheese, including whey cheese, and curd (HS 040610)

Uganda UGA/1194 02/21/2020 04/21/2020 Mozzarella cheese; Fresh (unripened or uncured) cheese, including whey cheese, and curd (HS 040610)

Uganda UGA/1195 02/21/2020 04/21/2020 Cream cheese; Cheese and curd (HS 0406)

Uganda UGA/1196 02/21/2020 04/21/2020 Cheddar cheese; Other cheese (HS 040690)

United Arab Emirates ARE/473 02/03/2020 04/03/2020 Organic products

United States USA/564/Add.7 02/03/2020 Not given Baby cribs

United States USA/1455/Add.1 02/03/2020 Not given Formaldehyde emission control for certain wood products

United States USA/1570 02/03/2020 03/31/2020 Manufactured home construction

United States USA/893/Add.10 02/05/2020 Not given Food products, labelling

Baker McKenzie


8490545-v4\WASDMS

98


for Comments

Merchandise Covered

United States USA/929/Rev.1/Add.1

02/05/2020 Not given External power supplies

United States USA/1176/Rev.1/Add.2

02/05/2020 Not given Petroleum refinery emissions

United States USA/1364/Add.5 02/05/2020 Not given Bioengineered (BE)

United States USA/1571 02/05/2020 3/4/2020

Small unmanned aircraft systems; Other aircraft (for example, helicopters, airplanes); spacecraft (includ-ing satellites) and suborbital and spacecraft launch vehicles (HS 8802)

United States USA/1510/Add.2 02/10/2020 Not given Renewable fuel standard program

United States USA/1572 02/10/2020 02/01/2020 Motor fuels

United States USA/1573 02/10/2020 02/11/2020 Fireplace and stove wood

United States USA/1574 02/10/2020 02/24/2020 Alternative diesel fuels

United States USA/1575 02/10/2020 02/24/2020 Cellular transceiver units

United States USA/1576 02/10/2020 04/06/2020 Pipelines, valve installation

United States USA/1577 02/10/2020 03/13/2020 Substances containing greenhouse gases

United States USA/1578 02/10/2020 02/21/2020 Airbus defense and space (airbus) model C-295 air-plane

United States USA/1579 02/11/2020 Not given Computer-assisted diagnostic software

United States USA/1580 02/11/2020 Not given Computer aided triage and notification software

United States USA/1250/Add.2 02/13/2020 Not given Underground natural gas storage facilities

United States USA/1496/Add.1 02/13/2020 Not given Hydrogen gas measuring devices

United States USA/1581 02/19/2020 04/19/2020 Toxic chemicals in children’s products

United States USA/1582 02/19/2020 05/14/2020 Rail vehicles; accessibility

United States USA/1583 02/19/2020 03/16/2020 Appliance standards; procedures

United States USA/1441/Add.3 02/19/2020 Not given Appliances, consumer products, commercial/indus-trial equipment

United States USA/1584 02/19/2020 03/19/2020 Textile fiber products

United States USA/1559/Add.1 02/21/2020 Not given Consumer refrigeration products

United States USA/119/Add.1 02/24/2020 Not given Foods for human consumption in the United States, except for meat, poultry and egg products

United States USA/1433/Add.1 02/24/2020 Not given Biological product; Vocabularies, Pharmaceutics, Microbiology.

United States USA/623/Add.2 02/26/2020 Not given Portable bed rails (HS 9403.50)

United States USA/1396/Add.3/Corr.1

02/26/2020 Not given Chemical substances

United States USA/1449/Add.1/Corr.1

02/26/2020 Not given Chemical substances

United States USA/1585 02/26/2020 03/25/2020 Chemical substances

United States USA/1556/Add.1 02/28/2020 Not given Organic chemicals

United States USA/1582/Add.1 02/28/2020 Not given Rail vehicles; accessibility

Viet Nam VNM/159 02/17/2020 04/17/2020 Paints and varnishes (including enamels and lac-quers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in

Baker McKenzie


8490545-v4\WASDMS

99


for Comments

Merchandise Covered

a non-aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208)

Viet Nam VNM/160 02/17/2020 04/17/2020 Wood Preservative Products, compounds contain insecticide or fungicide contents (HS 38039910)

Viet Nam VNM/161 02/19/2020 04/15/2020 Products and goods with unsafe capability under management responsibility of Ministry of Infor-mation and Communications

CBSA ADVANCE RULINGS

The following table lists advance rulings posted by the Canada Border Services

Agency (CBSA). In September of 2014, the CBSA enhanced the Advance Rul-

ing (Tariff Classification and Origin) and National Customs Ruling programs by

publishing ruling letters in their entirety, with the applicant’s consent, on the

CBSA Web site.

It is important to note that rulings are binding only between the CBSA and the ap-

plicant. While posted rulings are for reference purposes only, they provide mean-

ingful guidance and help other importers in complying with Canada’s trade legis-

lation. Click on the “Merchandise” listing to see full text of the posted ruling.

Date TRS

Number Merchandise Tariff Classification and Basis

08-10-18 280571 AddBike 8714.99.90.00 [GIR 1, 6; Sec. XVII n. 3]

08-10-18 280575 Carry’box kid 8714.99.90.00 [GIR 1, 2(a), 6; Sec. XVII n. 3]

08-23-18 280576 Carry’shop 8716.80.20.90 [GIR 1, 6]

03-11-15 269099 LifeTrak Brite R250 24 hour life tracking monitor 9029.20.00.90 [GIR 1, 6; Chap. 90 LN 3; Sec. XVI LN 3,4; CITT AP-99-061]

03-11-15 269098 LifeTrak Zone C410 Activity Tracking Monitor 9029.20.00.90 [GIR 1, 6; Chap. 90 LN 3; Sec. XVI LN 3,4; CITT AP-99-061]

04-19-16 272537 Placemat Product #2034443 6302.59.90.00 [GIR 1, 6; EN(2) to 63.02; Sec. XI n. 7]

03-11-15 269818 PU coated gloves 6116.10.00.10 [GIR 1, 6; Chap. 59 n 2(a)(5), Sec. XI n 11; D10-14-29]

03-11-15 269821 PVC coated gloves 6116.10.00.10 [GIR 1, 6; Chap. 59 n 2(a)(5), Sec. XI n 11; D10-14-29]

08-10-18 280574 Set of two mud flaps with mounting brackets 8714.99.90.00 [GIR 1, 6; Sec. XVII n 3]

CBP RULINGS: DOWNLOADS AND SEARCHES

As US Customs and Border Protection (CBP) issues several thousand rulings a

year, it is not practical to list each ruling. However, almost all rulings issued by

US Customs or CBP from 1993 to the present and many issued before 1993 are

available for search and downloading using the CROSS search engine. Over

204,000 such rulings are in the database.





https://www.cbsa-asfc.gc.ca/import/ar-da/2018/2018-002574-eng.html


















https://rulings.cbp.gov/

Baker McKenzie


8490545-v4\WASDMS

100

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.

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)

PROPOSED REVOCATIONS/MODIFICATIONS

(P) 02-05-20 Tariff classification of vari-ous powdered drink mixes.

HQ 964497 HQ 967563 NY 805860 NY 80738 NY 806349 NY A81526 NY B83306 NY B86542 NY D80530 NY D83344 NY D83345 NY F89359 NY H82031 NY H85600 NY L82138 NY N015991 NY N019259 NY N045475 NY N073508 NY R01312 NY N251352 NY N235188 NY 803800 NY N238296 NY 870767 NY 883426 NY 863959 NY N015994 HQ 083698

R

Heading 1701 or 1702 de-pending on sugar content

HQ H157219

Heading 2106 [GRI 1, Chap. 17 AUSN 2,Chap 17 AUSN 3,7, 8; Sec. IV, AUSN 2(b); Ens 17.01, 17.02, 21.06] also WCO Clas-sification Opinion 2106.90/16; Classifica-tion Opinion 2106.90/26. 2106.90.92, 2106.90.94 (+additional duties provided for in subheadings 9904.17.17-9904.17.48) 2106.90.95, 2106.90.97(+ additional duties provided for in subheadings 9904.17.49-9904.17.65) 2106.90.98 NAFTA preference analysis remains valid

(C) 03-0]6-20

HQ 963668 NY 807225 NY N042679 NY 818773 NY B86441 NY G89465 NY L88611 NY A86301 NY C82414 NY C82415 NY I87369 NY R01313 NY N158039 NY 860227 NY 804357 HQ 951849 NY 869626 NY C82572

M

https://www.cbp.gov/trade/rulings/bulletin-decisions


Baker McKenzie


8490545-v4\WASDMS

101

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)

NY C89506 NY A87589 NY A89697 NY B80099

REVOCATIONS/MODIFICATIONS

(A) 02-05-20 Tariff classification of pump dispensers from China

NY N249630 NY 299353

R 8424.20.10 HQ H305296

8424.89.90 [GRI 1, 6; EN 84.24(B)] Check applicability of Sec. 301

(E) 04-06-20

NY 298787 M

EUROPEAN CLASSIFICATION REGULATIONS

The table below shows the Classification Regulations that were published in the

Official Journal during the period covered by this International Trade Compliance

Update.

Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

(EU) 2020/186 07-02-20

Polyacrylic elastomers in the form of white blocs of approximately 63 × 40 × 15 cm and composed of:

— two or three types of acrylate mono-mers (ethyl acrylate and one or both of the two following monomers: n-bu-tyl acrylate and 2-methoxyethyl acry-late),

— small amounts of cure-site mono-mers containing chlorine, epoxy or carboxyl groups.

Those polyacrylic elastomers have an io-dine value of less than 4.

3906 90 90 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and the wording of CN codes 3906, 3906 90 and 3906 90 90.

The iodine value together with the presence of the cure-site monomers indicate an impossibility to vulcanise the goods using a regular sulphur system.

The goods can be vulcanised with non-sulphur containing systems. Specific types can be vul-canised with a soap/sulphur system in which the sulphur has the function of an accelerator and not of a vulcanising agent. In either system, the result of the vulcanisation is a C-O-C linkage.

Therefore, the goods do not fall within the defini-tion of synthetic rubbers contained in Note 4(a) to Chapter 40 since they cannot be vulcanised with sulphur.

Consequently, the goods cannot be classified in Chapter 40.

Therefore, the goods are to be classified in CN code 3906 90 90 as other acrylic polymers in pri-mary form.

(EU) 2020/191 10-02-20

A flexible tubing consisting of a layer of knit-ted man-made fabric (85 % nylon, 15 % elasthane) on the outer side and a gel-like lining made of a non-cellular plastic material on the inner side. The flexible tubing comes in different lengths (between 65 and 150 mm) and diameters (between 15 and 30 mm).

6307 90 10 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, Note 1 to Chapter 63 and the word-ing of CN codes 6307, 6307 90 and 6307 90 10.

Classification under heading 3005 is excluded as the goods do not have the character of a wad-ding, gauze, bandages or similar articles, put up


https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2020.039.01.0003.01.ENG&toc=OJ:L:2020:039:TOC




Baker McKenzie


8490545-v4\WASDMS

102

Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

The product is presented to be used to re-lieve pressure and friction pain on sensitive fingers, fingernails, toes or toenails. The length of the product can be adapted by cut-ting it.

The product is put up for retail sale.

in forms or packings for retail sale for medical purposes.

Classification under Chapter 39 as plastics and articles thereof is excluded, in accordance with Note 2(p) to that Chapter, as the goods are made of textile fabrics of heading 5903 (textile fabrics, impregnated, coated, covered or laminated with plastics).

The goods are produced in the finished state, ready for use, and as such are made-up textile articles in accordance with Note 7(b) to Section XI. Although the goods consist of textile fabrics of heading 5903 (textile fabrics, impregnated, coated, covered or laminated with plastics), clas-sification in Chapter 59 is excluded in accordance with Note 8(a) to Section XI, because Chapter 59 does not apply to made-up goods within the meaning of Note 7 to the same Section.

Heading 6307 applies to other made-up articles of any textile fabric within the meaning of Note 1 to Chapter 63, provided they are not included in other headings of Section XI. It also covers arti-cles in the length that can be adapted by cutting them to the desired length and that are made-up within the meaning of Note 7 to Section XI (see also the Harmonized System Explanatory Notes to heading 6307, first and third paragraph).

Consequently, the goods are to be classified un-der CN code 6307 90 10 as other made-up textile articles.

AMENDMENTS TO THE CN EXPLANATORY NOTES

The table below shows amendments to the explanatory notes to the Combined

Nomenclature of the European Union that were published in the Official Journal

during the period covered by this International Trade Compliance Update.

Official Journal Page or CN code Description of Articles

2020/C 48/06 12-02-20

p.46 Chap 7 General - the table in point 2. is replaced by the following ‘Non-exhaustive list of sprouts to-gether with their CN codes:’

2020/C 48/07 12-02-20

p.161 2933 49.10 In the Explanatory note to subheading ‘ 2933 49 10 Halogen derivatives of quinoline; quino-linecarboxylic acid derivatives’ , the third paragraph is replaced and additional paragraphs are added

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,





Baker McKenzie


8490545-v4\WASDMS

103

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–936 Certain Footwear Products

[REMAND] Commission Determination to Review in Part a Remand Initial Determination and to Extend the Target Date; Request for Written Submissions on the Issues under Review and on Remedy, Bonding, and the Public Interest

337–TA–1024 Certain Integrated Circuits with Voltage Regulators and Products Containing Same

Notice of Commission Determination Not to Review an Initial Deter-mination Terminating the Investigation for Good Cause; Termina-tion of Investigation

337–TA–1089 Certain Memory Modules and Components Thereof

Commission Determination to Review in Part a Final Initial Determi-nation Finding a Violation of Section 337; Schedule for Filing Writ-ten Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date

337–TA–1100 Certain Microfluidic Systems and Compo-nents Thereof and Products Containing Same

Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Order; and Termination of the Investigation

337–TA–1118 Certain Movable Barrier Operator Systems and Components Thereof

Commission Determination To Review a Final Initial Determination in Part Finding No Violation of Section 337 and Order No. 38 Granting Summary Determination That the Economic Prong Has Been Satisfied; Request for Written Submissions on the Issues Un-der Review and on Remedy, Public Interest, and Bonding

337–TA–1120 Certain Human Milk Oligosaccharides and Methods of Producing the Same

Commission Decision to Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Sub-missions on the Issues under Review and on Remedy, the Public Interest, and Bonding

337–TA–1139 Certain Electronic Nicotine Delivery Sys-tems and Components Thereof

Commission Determination to Review the Final Initial Determina-tion in Part and to Affirm the Finding of a Violation of Section 337; Schedule for Filing Written Submissions on Remedy, the Public In-terest and Bonding; Extension of the Target

337–TA–1140 Certain Multi-Stage Fuel Vapor Canister Systems and Activated Carbon Compo-nents Thereof

Notice of Request for Statements on the Public Interest

337–TA–1147 Certain Blood Separation and Cell Prepara-tion Devices

Notice of Commission Determination Not to Review an Initial Deter-mination Terminating the Investigation Based on the Withdrawal of the Complaint; Termination of Investigation

337–TA–1174 Certain Toner Cartridges, Components Thereof, and Systems Containing Same

Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation, and Terminat-ing the Investigation With Respect to Two Respondents Based on a Partial Withdrawal of the Complaint

337–TA–1182

Certain Argon Plasma Coagulation System Probes, Their Components, and Other Ar-gon Plasma Coagulation System Compo-nents for Use Therewith

Commission Determination Not To Review an Initial Determination Terminating the Investigation as to Certain Respondents and Granting Leave To Amend the Complaint and Notice of Investiga-tion

337–TA–1191 Certain Audio Players and Controllers, Components Thereof, and Products Con-taining the Same

Institution of an Investigation based on a complaint filed on behalf of Sonos, 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:













Baker McKenzie


8490545-v4\WASDMS

104

Ref. № Commodity Complaint filed on behalf of:

DN 3432 Certain Spa Pumps, Jet Pump Housing, Motors, Components Thereof, and Products Containing the Same

Luraco Health & Beauty, LLC

DN 3434 Certain Nicotine Pouches and Components Thereof and Methods of Making the Same

NYZ AB, Swedish Match North America, LLC, Pinkerton Tobacco Co., LP; and wm17 holding GmbH

DN 3435 Certain Capacitive Touch-Controlled Mobile Devices, Computers, and Components Thereof

Neodron, Ltd.

DN 3436 Certain High-Density Fiber Optic Equipment and Components Thereof

Corning Optical Communications LLC

ANTIDUMPING, COUNTERVAILING DUTY AND SAFE-

GUARDS 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/PHL/14 Philippines

Rice classified under the ASEAN Harmonized Tariff No-menclature (AHTN 2017) Codes 1006.30.30 (glutinous rice), 1006.30.40 (home mali rice), 1006.30.91 (par-boiled rice) and 1006.30.99 (other)

Initiation of a Safeguard Investigation

G/SG/N/6/PHL/15 Philippines Motor vehicles classified under ASEAN Harmonized Tariff Nomenclature (AHTN) Code 87.03 which includes the various subheadings

Initiation of a Safeguard Investigation

G/SG/N/6/UKR/16 Ukraine Caustic Soda Initiation of a Safeguard Investigation

United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

C–570–991 Chlorinated Isocyanurates From China Final Results of the Expedited First Sunset Review of the CVD Or-der

A–201–820 Fresh Tomatoes From Mexico Notification of Implementation of Inspection Program

A–583–865 Carbon and Alloy Steel Threaded Rod From Taiwan

ADD Order

A–351–843 Certain Cold-Rolled Steel Flat Products From Brazil

Rescission of ADD Administrative Review; 2018-2019

A–552–801 Certain Frozen Fish Fillets From Vietnam Final Results of the Expedited Third Sunset Review of the ADD Or-der

A–549–820 Prestressed Concrete Steel Wire Strand From Thailand

Preliminary Results of ADD Administrative Review; 2018

A–570–832 Pure Magnesium From China Preliminary Results of ADD Administrative Review; 2018-2019





https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=256873&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True

https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?MetaCollection=WTO&SymbolList=%22G%2fSG%2fN%2f6%2fPHL%2f15%22+OR+%22G%2fSG%2fN%2f6%2fPHL%2f15%2f*%22&Serial=&IssuingDateFrom=&IssuingDateTo=&CATTITLE=&ConcernedCountryList=&OtherCountryList=&SubjectList=&TypeList=&FullTextHash=371857150&ProductList=&BodyList=&OrganizationList=&ArticleList=&Contents=&CollectionList=&RestrictionTypeName=&PostingDateFrom=&PostingDateTo=&DerestrictionDateFrom=&DerestrictionDateTo=&ReferenceList=&Language=ENGLISH&SearchPage=FE_S_S001&ActiveTabIndex=0&HSClassificationList=&ServicesClassificationList=&EnvironmentClassificationList=&ICSClassificationList=&ICSClassificationDescList:EnvironmentClassificationDescList:ServicesClassificationDescList:HSClassificationDescList=&languageUIChanged=true

https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?Query=@Symbol=%20(g/sg/n/6/ukr/16)&Language=ENGLISH&Context=FomerScriptedSearch&languageUIChanged=true








Baker McKenzie


8490545-v4\WASDMS

105



A–201–844 Steel Concrete Reinforcing Bars (Rebar) From Mexico

Final Results of Expedited Sunset Review of ADD Order

C–570–118 Wood Mouldings and Millwork Products From China

Initiation of CVD Investigation

A–351–853 A–570–117

Wood Mouldings and Millwork Products From Brazil and China

Initiation of LTFV Investigations

A–570–970 Multilayered Wood Flooring From China Preliminary Results of the ADD Administrative Review and New Shipper Review, Preliminary Determination of No Shipments, and Rescission of Review, in Part; 2017-2018

C–570–971 Multilayered Wood Flooring From China Preliminary Results of CVD Administrative Review, and Intent to Rescind Review, in Part; 2017

A–822–804 A–822–806

Steel Concrete Reinforcing Bars from Belarus and Carbon and Alloy Steel Wire Rod From Belarus

Initiation of ADD Changed Circumstances Reviews

C–201–846 Sugar from Mexico Suspension Agreement: 2018 Administrative Review of the Agree-ment Suspending the CVD Investigation on Sugar from Mexico (as amended)

A–201–845 Sugar from Mexico Suspension Agreement: 2018 Administrative Review of the Agree-ment Suspending the ADD Investigation on Sugar from Mexico (as amended)

A–570–928 Uncovered Innerspring Units From China Final Results of the ADD Administrative Review; 2018-2019

A–570–051 Certain Hardwood Plywood Products From China

Preliminary Results of ADD Administrative Review; 2017-2018

C–122–858 Certain Softwood Lumber Products From Can-ada

Preliminary Results and Partial Rescission of the CVD Administra-tive Review; 2017 – 2018

A–122–857 Certain Softwood Lumber Products From Can-ada

Preliminary Results of ADD Administrative Review and Rescission of Review, in Part; 2017-2018

A–520–807 Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates

Preliminary Results of ADD Administrative Review; 2017-2018

A–580–876 Welded Line Pipe From S. Korea Preliminary Results of ADD Administrative Review; 2017-2018

A–583–858 Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan

Notice of Court Decision Not in Harmony with Final Determination of ADD Investigation; and Amended Final Determination

A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China

Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017-2018

C–533–839 Carbazole Violet Pigment 23 From India Preliminary Results of CVD Administrative Review; 2017

C–570–057 Certain Tool Chests and Cabinets From China Final Results of CVDC–570–980 Administrative Review; 2017-2018

C–570–980 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China

Preliminary Results of CVD Administrative Review and Rescission of Review, in Part; 2017

C–122–868 C–560–834 C–552–826

Utility Scale Wind Towers From Canada, Indo-nesia, and Vietnam

CVD Investigations: Preliminary Determinations of Critical Circum-stances

A–570–890 Wooden Bedroom Furniture From China Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2018

A–469–815 Finished Carbon Steel Flanges From Spain Final Results of ADD Administrative Review; 2017-2018

A–557–813 Polyethylene Retail Carrier Bags From Malay-sia

Final Results of ADD Administrative Review; 2017-2018

A–423–814 Acetone From Belgium Final Determination of Sales at LTFV

A–580–899 Acetone From S. Korea Final Determination of Sales at LTFV

A–791–824 Acetone From South Africa Final Determination of Sales at LTFV































Baker McKenzie


8490545-v4\WASDMS

106



A–122–867 Utility Scale Wind Towers From Canada

Preliminary Affirmative Determination of Sales at LTFV, Prelimi-nary Negative Determination of Critical Circumstances, and Post-ponement of Final Determination and Extension of Provisional Measures

A–560–833 Utility Scale Wind Towers From Indonesia

Preliminary Affirmative Determination of Sales at LTFV, Prelimi-nary Negative Determination of Critical Circumstances, Postpone-ment of Final Determination, and Extension of Provisional Measures

A–580–902 Utility Scale Wind Towers From S. Korea Preliminary Affirmative Determination of Sales at LTFV and Prelim-inary Affirmative Determination of Critical Circumstances

A–522–825 Utility Scale Wind Towers From Vietnam Preliminary Affirmative Determination of Sales at LTFV and Prelim-inary Affirmative Determination of Critical Circumstances

C–533–888 Carbon and Alloy Steel Threaded Rod From India

Final Affirmative CVD Determination

C–570–105 Carbon and Alloy Steel Threaded Rod From China


A–583–856 Certain Corrosion-Resistant Steel Products From Taiwan

Affirmative Preliminary Determination of Circumvention Inquiry In-volving Malaysia

A–570–026 C–570–027

Certain Corrosion-Resistant Steel Products From China

Negative Preliminary Determination of Circumvention Involving Guatemala

A–570–026 C–570–027


Affirmative Preliminary Determination of Circumvention Involving Costa Rica

A–570–026 C–570–027


Affirmative Preliminary Determination of Circumvention Involving Malaysia

A–570–026 C–570–027


Affirmative Preliminary Determination of Circumvention Involving the United Arab Emirates

A–570–026 C–570–027


Negative Preliminary Determination of Circumvention Involving South Africa

C–570–120 Certain Vertical Shaft Engines Between 223cc and 999cc, and Parts Thereof From China

Initiation of LTFV Investigation

A–570–104 Alloy and Certain Carbon Steel Threaded Rod From China

Final Affirmative Determination of Sales at LTFV

A–533–887 Carbon and Alloy Steel Threaded Rod From India


A–570–119 Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From China

Initiation of LTFV Investigation

A–570–909 Certain Steel Nails From China Notice of Court Decision Not in Harmony with the Final Results of ADD Administrative Review and Notice of Amended Final Results

A–570–601 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished From China

Final Results and Partial Rescission of Review; 2017-2018

A–570-114 Certain Glass Containers From China Postponement of Preliminary Determination in the LTFV Investiga-tion

A–570–954 Certain Magnesia Carbon Bricks From China Final Results of ADD Administrative Review and Final Determina-tion of No Shipments, In Part; 2017-2018

A–570–900 Diamond Sawblades and Parts Thereof From China

Final Determination of Anti-Circumvention Inquiry

A–570–992 Monosodium Glutamate From China Final Results of ADD Administrative Review; 2017-2018

A–570–114 Certain Glass Containers From China Postponement of Preliminary Determination in the LTFV Investiga-tion

A–412–824 Certain Cold-Rolled Steel Flat Products From the UK


A–484–803 Large Diameter Welded Pipe From Greece Initiation of ADD Changed Circumstances Review































Baker McKenzie


8490545-v4\WASDMS

107



A–570–898 Chlorinated Isocyanurates From China Final Results of ADD Administrative Review; 2017-2018

A–570–121 Difluoromethane (R-32) From China Initiation of LTFV Investigation

C–570–953 Narrow Woven Ribbons with Woven Selvedge From China

Final Results of CVD Administrative Review; 2017

A–570–879 Polyvinyl Alcohol From China Rescission of ADD Administrative Review; 2018–2019

C–570–052 Certain Hardwood Plywood Products From China

Final Results of CVD Administrative Review; 2017-2018

A–351–845 Certain Hot-Rolled Steel Flat Products From Brazil

Rescission of ADD Administrative Review: 2018-2019

A–580–892 Certain Cold-Drawn Mechanical Tubing of Car-bon and Alloy Steel From S. Korea


A–570–983 Drawn Stainless Steel Sinks From China Final Results of ADD Administrative Review; 2018-2019

C–428–848 C–533–894 C–475–841 C–570–116

Forged Steel Fluid End Blocks From Germany, India, Italy and China

Postponement of Preliminary Determination in the CVD Investiga-tions

A–489–824 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Turkey

Rescission of ADD Administrative Review; 2018 – 2019

A–201–842 Large Residential Washers From Mexico Preliminary Results of the ADD Administrative Review; 2018-2019

A–570–996 A–428–843 A–588–872 A–580–872 A–401–809 A–583–851

Non-Oriented Electrical Steel From China, Germany, Japan, S. Korea, Sweden, and Tai-wan

Final Results of Expedited First Sunset Reviews of ADD Orders

C–570–997 Non-Oriented Electrical Steel From China Final Results of Expedited First Sunset Reviews of the CVD Order

A–570–890 Wooden Bedroom Furniture From China Initiation of ADD New Shipper Review

A–552–825 Utility Scale Wind Towers From Vietnam Postponement of Final Determination of Sales at LTFV Investiga-tion

C–570–107 Wooden Cabinets and Vanities and Compo-nents Thereof From China


A–570–106 Wooden Cabinets and Vanities and Compo-nents Thereof From China


A–570–900 Diamond Sawblades and Parts Thereof From China

Notice of Covered Merchandise Referral and Initiation of Scope In-quiry

A–533–891 A–580–904

Forged Steel Fittings From India and S. Korea Postponement of Preliminary Determinations in the LTFV Investi-gations

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–458 731–TA–1154

Certain Kitchen Appliance Shelving and Racks From China

[SECOND REVIEW] Institution of Five-Year Reviews

731–TA–1465 4th Tier Cigarettes From Korea [PRELIMINARY] Determination, that there is a reasonable indication that an industry in the US is threatened with material injury

701–TA–632–635 731–TA–1466–1468

Fluid End Blocks From China, Ger-many, India, and Italy

[PRELIMINARY] Determination, that there is a reasonable indication that an industry in the US is materially injured

701–TA–638 731–TA–1473

Corrosion Inhibitors From China [PRELIMINARY] Institution of AD and CVD Investigations and Sched-uling of Preliminary Phase Investigations




































Baker McKenzie


8490545-v4\WASDMS

108

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–624–625 731–TA–1450–1451

Quartz Surface Products From India and Turkey

[FINAL] Revised Schedule for the Subject Investigations

701–TA–615 Fabricated Structural Steel From Can-ada

[FINAL] Termination of Investigation

701–TA–506, 508 731–TA–1238-1243

Non-Oriented Electrical Steel From China, Germany, Japan, Korea, Swe-den, and Taiwan

[REVIEW] Notice of Commission determinations to conduct full five-year reviews

731–TA–1022 Refined Brown Aluminum Oxide From China

[THIRD REVIEW] Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material do-mestic injury within a reasonably foreseeable time

731–TA–1435-1436 and 1439

Acetone From Belgium, Korea, and South Africa

[FINAL] Supplemental schedule for the final phase of antidumping duty investigations

731-TA-1145 Steel Threaded Rod From China [SECOND REVIEW] Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material do-mestic injury within a reasonably foreseeable time

701–TA–618-619 731–TA–1441-1442

Carbon and Alloy Steel Threaded Rod From China and India

[FINAL] Supplemental Schedule for the Final Phase of CVD and ADD Investigations

701–TA–636 731–TA–1469-1470

Wood Mouldings and Millwork Prod-ucts From Brazil and China

[Preliminary] Determination that there is a reasonable indication that an industry in the United States is materially injured

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

RR-2019-005 Oil Country Tubular Goods from China - Notice of Expiry Review of Order

RR-2019-006 Certain Oil Country Tubular Goods, originating in or ex-ported from Chinese Taipei, India, Indonesia, the Philip-pines, S. Korea, Thailand, Turkey, Ukraine and Vietnam

Notice of Expiry Review of Finding

Canada Border Services Agency (CBSA)


OCTG1 2020 ER Dumping and subsidizing: Certain oil country tubular goods originating or exported from

Notice of Initiation of Expiry Review Investigation

OS 2019 RI

Certain oil country tubular goods (OCTG) and certain seamless casing originating in or exported from China as well as certain OCTG originating in or exported from the Separate Customs Territory of Taiwan, Penghu, Kin-men and Matsu (Chinese Taipei), India, Indonesia, the Philippines, the Republic of Korea, Thailand, Turkey, Ukraine and Vietnam

Notice of Extension of Re-investigations

LLP 2019 UP1 Certain welded large diameter carbon and alloy steel line pipe (large line pipe) exported from Japan

Conclusion of Normal Value and Export Price Re-view (exports by Sumitomo Corporation)

OCTG2 2020 ER Certain oil country tubular goods originating or exported from Taiwan, India, Indonesia, the Philippines, South Korea, Thailand, Turkey, Ukraine and Vietnam

Notice of Initiation of Expiry Review Investigation

RB2 2020 UP1 Certain concrete reinforcing bar from Belarus, Taiwan, Hong Kong, Japan, Portugal, and Spain

Notice of Initiation of Normal Value Review














https://decisions.citt-tcce.gc.ca/citt-tcce/ra/en/item/17572/index.do

https://decisions.citt-tcce.gc.ca/citt-tcce/ra/en/item/17580/index.do

https://www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/octg12020/octg12020-ni-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/ri-re/os2019/os2019-nx-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/up/llp2019/llp201901-nc-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/er-rre/octg22020/octg22020-ni-eng.html

https://www.cbsa-asfc.gc.ca/sima-lmsi/up/rb22020/rb2202001-ni-eng.html

Baker McKenzie


8490545-v4\WASDMS

109

NAFTA Panels

Case Number Merchandise/Country Action

None

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

EA 06/19 Metal closures (cierres de metal) originating in China

Preliminary Resolution of the AD investigation

European Union

Reference Merchandise/Country Action

2020/C 35/03 Wire rod originating in, or exported from, China Notice of the impending expiry of certain AD measures 16-10-20

2020/C 38/02 Tube and pipe fittings of iron or steel originating in, or exported from, China

Notice of the impending expiry of certain AD measures 29-10-20

2020/C 40/05

Certain grain-oriented flat-rolled products of silicon-electrical steel, originating in, or exported from, China, Japan, S. Korea, Russian Federation, United States of America


2020/C 46/08 Acesulfame potassium, originating in, or exported from, China


2020/C 48/11 Continuous filament glass fibre products originating in Egypt

Notice amending the notice of initiation of an anti-sub-sidy proceeding

(EU) 2020/199 Continuous filament glass fibre products originating in Egypt

Making imports subject to registration

2020/C 51/11 Certain steel products Notice of initiation concerning a review of the safeguard measures

2020/C 51/12 Aluminium extrusions originating in China Notice of the initiation of an AD proceeding

(EU) 2020/230 Monosodium glutamate originating in China

Commission Implementing Regulation initiating an in-vestigation concerning possible circumvention of anti-dumping measures and making such imports subject to registration

2020/C 64/07 Certain rainbow trout originating in Turkey Notice of initiation of an expiry review of the anti-subsidy measures

Australian Anti-Dumping Commission

Ref. № Case

№ Merchandise/Country Action

2020/003 517 Deep drawn stainless steel sinks from China Findings of a Continuation Inquiry

2020/005 509 Aluminium extrusions from Malaysia

2020/006 530 Aluminium extrusions from China Findings in relation to an Accelerated Review

2020/011 529 Hollow structural sections from China, Korea, Malay-sia, Taiwan, Thailand

Extension of time to publish SEF and Final Report

2020/012 518 Steel reinforcing bar from Thailand Extension of time granted to issue SEF and Final Re-port

2020/013 542 Aluminium micro-extrusions from China Initiation of an investigation into alleged dumping


https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2020.035.01.0003.01.ENG&toc=OJ:C:2020:035:TOC






https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2020.051.01.0021.01.ENG&toc=OJ:C:2020:051:TOC




https://www.industry.gov.au/%20ADN%202020/003%20-Findings%20of%20a%20Continuation%20Inquiry

https://www.industry.gov.au/%20ADN%202020/005%20-%20Findings%20of%20a%20Review%20of%20Measures

https://www.industry.gov.au/%20ADN%20%202020/006%20Findings%20in%20relation%20to%20an%20Accelerated%20Review

https://www.industry.gov.au/%20ADN%202020/011%20-%20Extension%20of%20time%20to%20publish%20SEF%20and%20Final%20Report

https://www.industry.gov.au/%20ADN%202020/012%20-%20Extension%20of%20time%20granted%20to%20issue%20SEF%20and%20Final%20Report

https://www.industry.gov.au/%20ADN%202020/013%20-%20Initiation%20of%20an%20investigation%20into%20alleged%20dumping

Baker McKenzie


8490545-v4\WASDMS

110

Australian Anti-Dumping Commission

Ref. № Case

№ Merchandise/Country Action

2020/014 544 Aluminium extrusions from Vietnam and Malaysia Initiation of a review of anti-dumping measures

2020/016 Various Monthly Status Report - January 2020

2020/017 543 Aluminium extrusions from China Initiation of Continuation Inquiry

2020/018 540 Aluminium extrusions (mill finish) from Malaysia Initiation of an investigation

2020/019 541 Aluminium extrusions (surface finished) from Malay-sia

Initiation of an investigation

2020/022 515 High density polyethylene from Korea, Singapore, Thailand, USA

Termination of Investigation

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

№ 2, 2020 Solar-grade polysilicon originating in the United States

Final review of the anti-subsidy measures

№ 1, 2020 Solar-grade polysilicon originating in South Korea

Final review of the anti-dumping measures

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

03/2020-Cus (ADD) Purified Terephthalic Acid including its variants Me-dium Quality Terephthalic Acid and Qualified Tereph-thalic Acid

Revokes ADD

04/2020-Cus (ADD) Acetone originating in or exported from Korea RP, Taiwan and Saudi Arabia

Extends imposition of ADD until 15 April, 2020

Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

INITIATIONS

7/30/2019-DGTR 31-01-2020

Nylon Filament Yarn originating in or exported from European Union and Vietnam

Initiates Mid-Term Review of AD Investigation

6/43/2019-DGTR 31-01-2020

Toluene Di-Isocyanate originating in or exported from European Union, Saudi Arabia, Chinese Taipei and United Arab Emirates

Initiates AD Investigation

7/3/2020-DGTR 07-02-2020

Fluoroelastomers (FKM) originating in or exported from China PR

Initiates Sunset Review of AD Investigation

6/1/2020-DGTR 07-02-2020

Self-Adhesive Polyvinyl Chloride Film originating in or exported from China PR

Initiates AD investigation

7/1/2020-DGTR 07-02-2020

Caustic Soda originating in or exported from China PR and Korea RP


7/5/2020-DGTR 07-02-2020

Acrylonitrile Butadiene Rubber originating in or ex-ported from Korea RP


https://www.industry.gov.au/%20ADN%202020/014%20-%20Initiation%20of%20a%20review%20of%20anti-dumping%20measures

https://www.industry.gov.au/%20ADN%202020/016%20-%20Monthly%20Status%20Report%20-%20January%202020

https://www.industry.gov.au/%20ADN%202020/017%20-%20Initiation%20of%20Continuation%20Inquiry

https://www.industry.gov.au/%20ADN%202020/018%20-%20Initiation%20of%20an%20investigation

https://www.industry.gov.au/%20ADN%202020/019%20-%20Initiation%20of%20an%20investigation

https://www.industry.gov.au/%20ADN%202020/022%20-%20Termination%20of%20Investigation%20515

http://www.mofcom.gov.cn/article/b/c/202001/20200102931616.shtml

http://www.mofcom.gov.cn/article/b/c/202001/20200102931610.shtml

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-add2020/csadd03-2020.pdf

http://cbic.gov.in/resources/htdocs-cbec/customs/cs-act/notifications/notfns-2020/cs-add2020/csadd04-2020.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification%20BCF.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification%20BCF.pdf

http://www.dgtr.gov.in/sites/default/files/TDI%20Initiation%20notification%20%285%29.pdf

http://www.dgtr.gov.in/sites/default/files/TDI%20Initiation%20notification%20%285%29.pdf

http://www.dgtr.gov.in/sites/default/files/%28FKM%29%20Initiation%20English.pdf

http://www.dgtr.gov.in/sites/default/files/%28FKM%29%20Initiation%20English.pdf

http://www.dgtr.gov.in/sites/default/files/SAV%20-%20English.pdf

http://www.dgtr.gov.in/sites/default/files/SAV%20-%20English.pdf

http://www.dgtr.gov.in/sites/default/files/Caustic%20Soda%20SSR.pdf

http://www.dgtr.gov.in/sites/default/files/Caustic%20Soda%20SSR.pdf

http://www.dgtr.gov.in/sites/default/files/NBR%20initiation%20notification%20.pdf

http://www.dgtr.gov.in/sites/default/files/NBR%20initiation%20notification%20.pdf

Baker McKenzie


8490545-v4\WASDMS

111



6/6/2020-DGTR 10-02-2020

Black Toner in powder form originating in or exported from China PR, Malaysia and Taiwan


07/02/2020-DGTR 10-02-2020

Float Glass originating in or exported from China PR


07/04/2020-DGTR 10-02-2020

Initiates Mid-term Review of AD Investigation to re-view product scope

6/3/2020-DGTR 25-02-2020

Phenol originating in or exported from Thailand and the USA


7/6/2020-DGTR 28-02-2020

Plain Medium Density Fibre Board originating in or exported from China PR, Malaysia, Thailand & Sri Lanka

Initiates Second Sunset Review of AD Investiga-tion

ORAL HEARINGS

7/31/2019-DGTR 30-01-2020

Elastomeric Filament Yarn originating in or exported from China PR, South Korea, Taiwan and Vietnam

Schedules oral hearing in AD Investigation on 6 February, 2020 to consider change of name

7/21/2019-DGTR 04-02-2020

Sodium Citrate originating in or exported from China PR

Schedules oral hearing in AD Investigation on 12 February, 2020

7/21/2019-DGTR 05-02-2020

Flexible Slabstock Polyol originating in or exported from the Kingdom of Saudi Arabia and United Arab Emirates

Re-schedules oral hearing in AD Investigation on 26 February, 2020

22/5/2019-DGTR 05-02-2020

Import of Single Mode Optical Fiber into India Schedules oral hearing in Safeguard Investigation on 4 March, 2020

7/31/2019-DGTR 06-02-2020

Elastomeric Filament Yarn originating in or exported from China PR, South Korea, Taiwan and Vietnam

Postpones oral hearing in AD Investigation for change of name on 19 February, 2020

06/17/2019-DGTR 06-02-2020

Fiberboards originating in or exported from Indone-sia, Malaysia, Sri Lanka, Thailand and Vietnam

Schedules oral hearing in Anti-Subsidy Investiga-tion on 11 March, 2020

6/13/2019-DGTR 07-02-2020

Textured Tempered Glass whether Coated or Un-coated originating in or exported from Malaysia

Schedules oral hearing in Anti-Subsidy Investiga-tion on 26 February, 2020

6/20/2019-DGTR 27-02-2020

Flexible Slabstock Polyol originating in or exported from the Kingdom of Saudi Arabia and United Arab Emirates

Re-schedules oral hearing in AD Investigation on 4 March, 2020

FINAL FINDINGS

6/3/2019-DGTR 19-02-2020

Chlorinated Polyvinyl Chloride (CPVC) Resin, whether or not further processed into compound orig-inating in or exported from China PR and Korea RP

Final Findings issued in AD Investigation

6/4/2019-DGTR 21-02-2020

Aluminium and Zinc coated flat products originating in or exported from China PR, Vietnam and Korea RP

Final Findings issued in AD Investigation

7/10/2019-DGTR 21-02-2020

Sheet Glass originating in or exported from China PR Final Findings issued in Sunset Review of AD In-vestigation

22/4/2019-DGTR 28-02-2020

Refined Bleached Deodorised Palmolein and Re-fined Bleached Deodorised Palm Oil imported from Malaysia

Final findings issued in Bilateral Safeguard Investi-gation under India-Malaysia Comprehensive Eco-nomic Cooperation Agreement (Bilateral Safe-guard Measures) Rules, 2017

OTHERS

07/25/2019-DGTR 03-02-2020

Phenol originating in or exported from South Africa Time for filing questionnaire response in Sunset Review of AD Investigation extended until 22 Feb-ruary, 2020

6/43/2019-DGTR 17-02-2020

Toluene Di-Isocyanate originating in or exported from European Union, Saudi Arabia, Chinese Taipei and United Arab Emirates

Time for filing questionnaire response in AD Inves-tigation extended until 27 March, 2020

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification%20BT.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification%20BT.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification_Float%20Glass_SSR_10.02.2020_final-converted.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification_Float%20Glass_SSR_10.02.2020_final-converted.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification_Float%20glass%20_MTR_10-02%20-2020%20Final-converted.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification_Float%20glass%20_MTR_10-02%20-2020%20Final-converted.pdf

http://www.dgtr.gov.in/sites/default/files/Phenol%20Initiation%20Notification%20dated%2025th%20Feb-Eng.pdf

http://www.dgtr.gov.in/sites/default/files/Phenol%20Initiation%20Notification%20dated%2025th%20Feb-Eng.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification%20MDF-SSR.pdf

http://www.dgtr.gov.in/sites/default/files/Initiation%20Notification%20MDF-SSR.pdf

http://www.dgtr.gov.in/sites/default/files/Elastomeric%20Filament%20Yarn.pdf

http://www.dgtr.gov.in/sites/default/files/Elastomeric%20Filament%20Yarn.pdf

http://www.dgtr.gov.in/sites/default/files/parties_0.pdf

http://www.dgtr.gov.in/sites/default/files/parties_0.pdf

http://www.dgtr.gov.in/sites/default/files/26%20Feb%20Oral_0.pdf

http://www.dgtr.gov.in/sites/default/files/26%20Feb%20Oral_0.pdf

http://www.dgtr.gov.in/sites/default/files/Oral%20Hearing%20Notice%2004.03.2020.pdf

http://www.dgtr.gov.in/sites/default/files/Oral%20Hearing%20Notice%2004.03.2020.pdf

http://www.dgtr.gov.in/sites/default/files/Oral%20hearing_2.pdf

http://www.dgtr.gov.in/sites/default/files/Oral%20hearing_2.pdf

http://www.dgtr.gov.in/sites/default/files/Letter_Oral%20Hearing_Fibreboard_06.02.2020.pdf

http://www.dgtr.gov.in/sites/default/files/Letter_Oral%20Hearing_Fibreboard_06.02.2020.pdf

http://www.dgtr.gov.in/sites/default/files/TTG%20OH_0.pdf

http://www.dgtr.gov.in/sites/default/files/TTG%20OH_0.pdf

http://www.dgtr.gov.in/sites/default/files/Rescheduled%20OH-FSP-UAE%20and%20SA_0.pdf

http://www.dgtr.gov.in/sites/default/files/Rescheduled%20OH-FSP-UAE%20and%20SA_0.pdf

http://www.dgtr.gov.in/sites/default/files/CPVC%20FF.pdf

http://www.dgtr.gov.in/sites/default/files/CPVC%20FF.pdf

http://www.dgtr.gov.in/sites/default/files/Final%20findings%20of%20Aluminum%20Zinc%20coated%20steel%20dated%2021st%20February%2C%202020.pdf

http://www.dgtr.gov.in/sites/default/files/Final%20findings%20of%20Aluminum%20Zinc%20coated%20steel%20dated%2021st%20February%2C%202020.pdf

http://www.dgtr.gov.in/sites/default/files/Sheet%20Glass%20NCV%20%20%2821.2.2020%29.pdf

http://www.dgtr.gov.in/sites/default/files/Sheet%20Glass%20NCV%20%20%2821.2.2020%29.pdf

http://www.dgtr.gov.in/sites/default/files/Final%20Findings%20of%20Refined%20Bleached%20Deodorised%20Palmolein%20and%20Refined%20Bleached%20Deodorised%20Palm%20Oil_0.pdf

http://www.dgtr.gov.in/sites/default/files/Final%20Findings%20of%20Refined%20Bleached%20Deodorised%20Palmolein%20and%20Refined%20Bleached%20Deodorised%20Palm%20Oil_0.pdf

http://www.dgtr.gov.in/sites/default/files/Image_003_0.pdf




Baker McKenzie


8490545-v4\WASDMS

112



6/41/2019-DGTR 19-02-2020

Viscose Spun Yarn originating in or exported from China PR, Indonesia and Vietnam

Proposes Product Control Number (PCN) method-ology in AD Investigation and Interested parties di-rected to file comments by 18 March 2020

6/37/2019-DGTR 21-02-2020

Di-Methyl Formamide (DMF) originating in or ex-ported from China PR and Saudi Arabia


6/3/2019-DGTR 25-02-2020

Chlorinated Polyvinyl Chloride (CPVC) Resin, whether or not further processed into compound orig-inating in or exported from China PR and Korea RP

Corrigendum to Final Findings issued in AD inves-tigation

6/40/2019-DGTR 26-02-2020

Newsprint in rolls or sheets, excluding glazed news-print originating in or exported from Australia, Can-ada, European Union, Hong Kong, Russia, Singa-pore and United Arab Emirates


6/40/2019-DGTR 27-02-2020

Soda Ash originating in or exported from Turkey and the USA


6/42/2019-DGTR 28-02-2020

Aniline originating in or exported from China PR Time for filing questionnaire response in AD Inves-tigation extended until 20 March, 2020

Argentina Ministry of Productive Development - Secretariat of Industry, Economy of Knowledge

and External Commercial Management


Res. № 7/2020 RESOL-2020-7-APN-SIECYGCE # MDP

Lawn mowers …with horizontal weed-ing and cutting devices originating in China

Opens the investigation for alleged dumping

Res. № 9/2020 RESOL-2020-9-APN-SIECYGCE # MDP

Motor mechanism for elevators and forklifts, provided with pulley and brake device,…originating in Turkey

Continues the investigation for alleged dumping

Res. № 74/2020 RESOL-2020-74-APN-MDP

Unalloyed aluminum or alloy sheets 3xxx Series… from China

Closing of the investigation with definitive ADD

Brazil Ministry of Development, Industry and Trade

Reference Merchandise/Country Action

SECEX Cir. № 9 Citric acid, sodium citrate, potassium cit-rate, calcium citrate and their mixtures

Makes public the update of the price commitment

SECEX Cir. № 11 Phthalic anhydride exports from Russia and Israel to Brazil

Initiation of an AD investigation

CAMEX Res. № 13 New rubber bicycle tires, originating in China, India and Vietnam.

Extends definitive anti-dumping duty, for a period of up to 5 (five) years

http://www.dgtr.gov.in/sites/default/files/Extension%20%26%20PCN%20%20of%20VSY.pdf

http://www.dgtr.gov.in/sites/default/files/Extension%20%26%20PCN%20%20of%20VSY.pdf



http://www.dgtr.gov.in/sites/default/files/Corrigendum-CPVC.pdf

http://www.dgtr.gov.in/sites/default/files/Corrigendum-CPVC.pdf

http://www.dgtr.gov.in/sites/default/files/NEWSPRINT.pdf

http://www.dgtr.gov.in/sites/default/files/NEWSPRINT.pdf

http://www.dgtr.gov.in/sites/default/files/Extension%20Soda%20Ash.pdf

http://www.dgtr.gov.in/sites/default/files/Extension%20Soda%20Ash.pdf

http://www.dgtr.gov.in/sites/default/files/EXTENSION%20OF%20TIME.pdf

http://www.dgtr.gov.in/sites/default/files/EXTENSION%20OF%20TIME.pdf














http://www.camex.gov.br/resolucoes-camex-e-outros-normativos/58-resolucoes-da-camex/2656-resolucao-no-13-de-17-de-fevereiro-de-2020

Baker McKenzie


8490545-v4\WASDMS

113

Opportunity to Request Administrative Review

In a February 3, 2020 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

February anniversary dates:

Antidumping Duty Proceedings

Brazil: Carbon and Alloy Steel Cut-to-Length Plate A-351-847 2/1/19 - 1/31/20 France: Uranium A-427-818 2/1/19 - 1/31/20 India: Certain Cut-To-Length Carbon-Quality Steel Plate A-533-817 2/1/19 - 1/31/20 Certain Preserved Mushrooms A-533-813 2/1/19 - 1/31/20 Frozen Warmwater Shrimp A-533-840 2/1/19 - 1/31/20 Stainless Steel Bar A-533-810 2/1/19 - 1/31/20 Indonesia: Certain Preserved Mushrooms A-560-802 2/1/19 - 1/31/20 Certain Cut-To-Length Carbon-Quality Steel Plate A-560-805 2/1/19 - 1/31/20 Italy: Stainless Steel Butt-Weld Pipe Fittings A-475-828 2/1/19 - 1/31/20 Japan: Carbon Steel Butt-Weld Pipe Fittings A-588-602 2/1/19 - 1/31/20 Stainless Steel Bar A-588-833 2/1/19 - 1/31/20 Malaysia: Stainless Steel Butt-Weld Pipe Fittings A-557-809 2/1/19 - 1/31/20 Mexico: Large Residential Washers A-201-842 2/1/19 - 1/31/20 Philippines: Stainless Steel Butt-Weld Pipe Fittings A-565-801 2/1/19 - 1/31/20 S. Korea: Certain Cut-To-Length Carbon-Quality Steel Plate A-580-836 2/1/19 - 1/31/20 SR of Vietnam: Frozen Warmwater Shrimp A-552-802 2/1/19 - 1/31/20 Steel Wire Garment Hangers A-552-812 2/1/19 - 1/31/20 Utility Scale Wind Towers A-552-814 2/1/19 - 1/31/20 South Africa: Certain Carbon and Alloy Steel Cut-To- Length Plate A-791-822 2/1/19 - 1/31/20 Taiwan: Crystalline Silicon Photovoltaic Products A-583-853 2/1/19 - 1/31/20 Thailand: Frozen Warmwater Shrimp A-549-822 2/1/19 - 1/31/20 PR of China: Certain Preserved Mushrooms A-570-851 2/1/19 - 1/31/20 Common Alloy Aluminum Sheet A-570-073 6/22/18 - 1/31/20 Crystalline Silicon Photovoltaic A-570-010 2/1/19 - 1/31/20 Frozen Warmwater Shrimp A-570-893 2/1/19 - 1/31/20 Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles A-570-803 2/1/19 - 1/31/20 Large Residential Washers A-570-033 2/1/19 - 1/31/20 Rubber Bands A-570-069 9/6/18 – 1/31/20 Small Diameter Graphite Electrodes A-570-929 2/1/19 - 1/31/20 Truck and Bus Tires A-570-040 2/15/19 – 1/31/20 Uncovered Innerspring Units A-570-928 2/1/19 - 1/31/20 Utility Scale Wind Towers A-570-981 2/1/19 - 1/31/20 Turkey: Certain Carbon and Alloy Steel Cut-To-Length Plate A-489-828 2/1/19 - 1/31/20

Countervailing Duty Proceedings

India: Prestressed Concrete Steel Wire Strand C-533-829 1/1/19 - 12/31/19 Certain Cut-To-Length Carbon-Quality Steel Plate C-533-818 1/1/19 - 12/31/19 Cold-Drawn Mechanical Tubing C-533-874 1/1/19 - 12/31/19 Indonesia: Certain Cut-To-Length Carbon-Quality Steel Plate C-560-806 1/1/19 - 12/31/19 S. Korea: Certain Cut-To-Length Carbon-Quality Steel Plate C-580-837 1/1/19 - 12/31/19 SR of Vietnam: Steel Wire Garment Hangers C-552-813 1/1/19 - 12/31/19 PR of China: Cold-Drawn Mechanical Tubing C-570-059 1/1/19 - 12/31/19 Common Alloy Aluminum Sheet C-570-074 4/23/18 - 12/31/19 Crystalline Silicon Photovoltaic Products C-570-011 1/1/19 - 12/31/19 Rubber Bands C-570-070 7/9/18 - 12/31/19 Truck and Bus Tires C-570-041 2/15/19 - 12/31/19 Utility Scale Wind Towers C-570-982 1/1/19 - 12/31/19

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




Baker McKenzie


8490545-v4\WASDMS

114

Suspension Agreements

None

Requested Reviews

In a February 6, 2020 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:

AD/CVD Proceedings - Country/ Merchandise Case No. Period


India: Carbazole Violet Pigment 23 A-533-838 12/1/18 - 11/30/19 Oman: Circular Welded Carbon-Quality Steel Pipe A-523-812 12/1/18 - 11/30/19 S. Korea: Certain Circular Welded Non-Alloy Steel Pipe A-580-809 11/1/18 -10/31/19 Welded Line Pipe A-580-876 12/1/18 -11/30/19 SR of Vietnam: Uncovered Innerspring Units A-552-803 12/1/18 - 11/30/19 PR of China: Cased Pencils A-570-827 12/1/18 - 11/310/19 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules A-570-979 12/1/18 - 11/30/19 Forged Steel Fittings A-570-067 5/17/18 - 10/31/19 Honey A-570-863 12/1/18 - 11/30/19 Multilayered Wood Flooring A-570-970 12/1/18 - 11/30/19 Turkey: Welded Line Pipe A-489-822 12/1/18 - 11/30/19 UAE: Circular Welded Carbon-Quality Steel Plate A-520-907 12/1/18 - 11/30/19


India: Carbazole Violet Pigment 23 C-533-839 1/1/18 - 12/31/18 PR of China: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules C-570-980 1/1/18 - 12/31/18 Lightweight Thermal Paper C-570-921 1/1/18 - 12/31/18 Multilayered Wood Flooring C-570-971 1/1/18 - 12/31/18

Suspension Agreements

None

Initiation of Sunset Reviews

In a February 3, 2020, 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-570-941 731-TA-1154 China Kitchen Appliance Shelving and Racks (2nd Rev.) C-570-942 701-TA-458 China Kitchen Appliance Shelving and Racks (2nd Rev.)



Baker McKenzie


8490545-v4\WASDMS

115

Advance Notification of Sunset Reviews

In a February 3, 2020, Federal Register notice, the US Department of Commerce

advised that the following cases were scheduled for five-year (“Sunset”) reviews

for March.

AD/CVD Proceedings - Merchandise/Country Case No.


Prestressed Concrete Steel Wire Strand from Brazil A-351-837 (3rd Review) Tetrahydrofurfuryl Alcohol from China A-570-887 (3rd Review) Commodity Matchbooks from India A-533-848 (2nd Review) Prestressed Concrete Steel Wire Strand from India A-533-828 (3rd Review) Prestressed Concrete Steel Wire Strand from Japan A-588-068 (5th Review) Prestressed Concrete Steel Wire Strand from Mexico A-201-831 (3rd Review) Prestressed Concrete Steel Wire Strand from S. Korea A-580-852 (3rd Review) Prestressed Concrete Steel Wire Strand from Thailand A-549-820 (3rd Review)


Commodity Matchbooks from India C-533-849 (2nd Review) Prestressed Concrete Steel Wire Strand from India C-533-829 (3rd Review)

Suspended Investigations

No Sunset Review of suspended investigations is scheduled for initiation in March 2020


Baker McKenzie


8490545-v4\WASDMS

116

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

Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets

Peerapan Tungsuwan Bangkok

Nick Coward & Janet Kim Washington DC

Miguel Noyola Chicago/Washington DC

©2020 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.
