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8478113-v3\WASDMS 1
International Trade Compliance Update
(Covering Customs and Other Import Requirements, Export Controls and Sanc-
tions, Trade Remedies, WTO and Anti-Corruption)
Newsletter | October 2019
This edition covers trade matters through September 30, 2019
Please see our Webinars, Meetings, Seminars section for contact and regis-
tration information on the 2019 Year-End Import-Export Review in Santa
Clara and registration information for the remaining webinars in our 16th an-
nual Global Trade and Supply Chain Webinar Series entitled, “2019:
What's Up in International Trade? Keeping up to Speed on Evolving Chal-
lenges,” as well as links to past webinars.
In addition, there are links to the video recordings, PowerPoints and handout materials for the 2018 Year-End Import/Export Review in Santa Clara as well as Presentation Materials from the Asia Pacific International Commer-cial and Trade Client Conference (Tokyo November 2018).
To keep abreast of international trade-related news, visit our blogs:
For International Trade Compliance Updates, please regularly visit 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 - Caribbean
The Americas - North America
The Americas - South America
Asia-Pacific
Europe, Middle East and North Africa
Africa (except North Africa)
Trade compliance enforcement ac-tions - import, export, IPR, FCPA
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
CBSA Advance Rulings
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifi-cations
European Classification Regulations
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 stuart.seidel@bakermckenzie.com
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
Baker McKenzie
International Trade Compliance Update | October 2019
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2
World Trade Organization (WTO)
Trade Policy Reviews: Suriname, Costa Rica
The third review of the trade policies and practices of Suriname took place on 11
and 13 September 2019. The basis for the review was a report by the WTO Sec-
retariat and a report by the Government of Suriname.
The fifth review of the trade policies and practices of Costa Rica took place on 18
and 20 September 2019. The basis for the review is a report by the WTO Secre-
tariat and a report by the Government of Costa Rica.
Regional trade agreements reviewed
On 17 September 2019, the WTO announced that members reviewed three re-
gional trade agreements (RTAs) at the meeting of the Committee on RTAs on 17
September. Members considered the Pacific Alliance – Additional protocol to the
framework agreement between Colombia, Chile, Mexico and Peru, the Armenia-
Kazakhstan free trade agreement and the free trade agreement between the Eur-
asian Economic Union (EAEU) and Viet Nam.
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.
[dd-mm-yy]
DS. No. Case Name Date
DS 587 United States - Tariff measures on certain goods from China III - Re-quest for consultations by China
05-09-19
DS 588 India - Tariff Treatment on Certain Good in the Information and Communications Technology Sector - Request for consultations by Chinese Taipei
09-09-19
DS 589 China — Measures Concerning the Importation of Canola Seed from Canada - Request for consultations by Canada
12-09-19
DS 590 Japan - Measures related to the exportation of products and technol-ogy to Korea - Request for consultations by the Republic of Korea
16-09-19
DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB) or
parties to a dispute took the following actions or reported the following activities.
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 371
Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines — Sec-ond Recourse to Article 21.5 of the DSU by the Philippines [complainant: Philippines]
Thailand has filed an appeal of second com-pliance panel report
09-09-19
DS 504 Korea — Anti-Dumping Duties on Pneu-matic Valves from Japan [Complainant: Ja-pan]
Appellate Body report issued
10-09-19
DS 583
Turkey — Certain Measures concerning the Production, Importation and Marketing of Pharmaceutical Products [Complainant: EU]
Panel established 30-09-19
The International Trade Compliance
Update is a publication of the
Global International Commercial
and Trade Practice Group of Baker
McKenzie. Articles and comments
are intended to provide our readers
with information on recent legal de-
velopments and issues of signifi-
cance or interest. They should not
be regarded or relied upon as legal
advice or opinion. Baker McKenzie
advises on all aspects of Interna-
tional Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 stuart.seidel@bakermckenzie.com
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.
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DS No. Case Name Activity Date
DS 585 India — Additional Duties on Certain Prod-ucts from the United States [Complainant: US]
India does not agree to panel being established
DS 578 Morocco — Definitive Anti-Dumping Measures on School Exercise Books from Tunisia [Complainant: Tunisia]
Morocco does not agree to a panel being established
DS 493 Ukraine — Anti-Dumping Measures on Ammonium Nitrate [Complainant: Russia]
DSB adopted the panel report as modified by the Appellate Body.
DS 504 Korea — Anti-Dumping Duties on Pneu-matic Valves from Japan [Complainant: Ja-pan]
DSB adopted the panel report as modified by the Appellate Body.
TBT Notifications
Member countries of the WTO are required under the Agreement on Technical
Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical
regulations that could affect trade with other Member countries. The WTO Secre-
tariat distributes this information in the form of “notifications” to all Member coun-
tries. See separate section on WTO TBT Notifications for a table which summa-
rizes notifications posted by the WTO during the past month.
World Customs Organization (WCO)
Announcements and news releases [dd-mm-yy]
Date Title
02-09-19 TICAD 7: WCO highlights Customs’ role in the development of Africa
03-09-19 Success story with the Bahamas Customs and Excise Department
WCO supports Kenya in the implementation of an Advance Rulings system
04-09-19
12 officers accredited as WCO Customs Technical and Operational Advisors in the field of Illegal Wildlife Trade
WCO and Guatemala strengthen coordination
Lao PDR advances with AEO implementation
Training for French speaking trainers of the ESA region at the WCO Regional Training Centre in Mauritius - Harmonized System and Customs Valuation
LMD Top Executive Retreat in Lesotho supports implementation of strategic plan
LMD Top Executive Retreat in Malawi builds strong executive team
05-09-19 Workshop on Customs valuation in Alexandria and Port Said, Egypt
Collective Action for Integrity in Nepal
06-08-19 WCO Secretary General addresses scholars and business in Japan on the way forward for the Customs community
10-09-19 Brazil accedes to the Revised Kyoto Convention and becomes the 120th Con-tracting Party
12-09-19 WCO Supports Pakistan in enhancing its Post Clearance Audit (PCA) Capaci-ties
13-09-19 WCO underlines Customs’ role during WTO discussions on e-commerce
16-09-19 WCO engages with U.S. Interagency Committee on Customs Co-operation Council Matters, hosted by CBP
17-09-19
Massive cocaine seizure by Brazil Customs as part of the Container Control Programme
WCO risk management diagnostic mission for the Ministry of Revenue and Customs of Tonga
19-09-19 WCO successfully pilots its ‘Advanced Post Clearance Audit’ training package in Zambia
20-09-19 Chad Customs and WCO reinvigorate their collaboration
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Date Title
African Union Directors General of Customs address the role of Customs in the Agreement establishing the African Continental Free Trade Area
23-09-19
Support for Somalia to implement the Harmonized System
Pakistan joins thirty-five other Customs administrations using the WCO nCEN application
East African Community getting ready to implement HS 2022
24-09-19 Opening of the WCO’s 79th Fellowship Programme
25-09-19
Customs reform on course in Tajikistan, with the President’s support
LMD Top Executive Retreat in Kenya enhances top management
Workshop on WCO Small Island Economies (SIE) Initiative held in Suva, Fiji
First anti-corruption and integrity promotion activity in Tunisia
27-09-19
WCO participates in the IV Annual Authorized Economic Operator event in Santo Domingo
2019-2020 WCO-Japan Career Development Programme commences
30-09-19 WCO releases research paper on Free Zones
ADB and WCO discuss opportunities for enhanced cooperation
Other International Matters
Universal Postal Union (UPU)
Agreement reached on cost remuneration
On 25 September 2019, the Universal Postal Union (UPU) announced that at the
Third Extraordinary Congress in Geneva, which took place from 24 to 26 Sep-
tember 2019, agreement had been reached “by acclimation” to changes to the fi-
nal cost remuneration (also known as the terminal dues) system for the delivery
of inbound international bulky letters and small packets. Under the agreed solu-
tion, member countries that meet certain requirements – including inbound letter-
post volumes in excess of 75,000 metric tons based on 2018 data – would be
able to opt-in to self-declare their rates starting 1 July 2020. The agreement by
Member States adopts a proposal that is known as “Option V.”
UPU member countries had previously indicated that they did not receive cost-
covering remuneration for the delivery of parcels sent from abroad. As a result, in
October 2018, the United States sent the UPU a letter of withdrawal, but stated
that it would not do so if a solution to the remuneration rates system was found.
The termination of its membership was set for autumn 2019. However, as a re-
sult of the negotiations, the United States announced that will remain part of the
worldwide postal network. The Third Extraordinary Congress was attended by
approximately 800 representatives from over 130 countries. The Universal Postal
Union is a UN specialized agency with its headquarters in the Swiss capital
Berne.
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
06-09-19
2019/047 - Amendments to Appendix III
2019/048 - Contribution of CITES to the Intergovernmental Science-Policy Plat-form on Biodiversity and Ecosystem Services (IPBES)
13-09-19 2019/049 - Summary records of the 18th meeting of the Conference of the Par-ties
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Date Title
17-09-19 2019-050 - Nomination of representatives from indigenous peoples, local and rural communities to attend GEF Consultations and the 57th GEF Council meeting
26-09-19 2019-051 - Current status of Malagasy rosewood logs seized by Singapore in March 2014 and advisory on rosewood stockpile originating from Madagascar
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
Belgium 2019 Annual Exporter Guide
China Outcome of Batch One of China’s Tariff Exclusion Process
China China Solicits Second Round of Tariff Exclusion Applications
China Government Grants Six Month Transition Period for New Pet Food Labels
Egypt National Food Safety Authority Modernizes Egyptian Regulatory Framework
Egypt Establishment of the National Food Safety Authority
India 2019 Edition of Food Imports Manual Released
India FSSAI Lists Allowable Imports of Edible Truffle Species
Mexico Front of Pack Labeling Warning Signs
Panama FAIRS Country Report
Vietnam Revised Regulations on Quarantine of Livestock Products
The Americas - Caribbean
JAMAICA
New Customs Act (2019) tabled – aimed at promoting and support-ing Jamaica’s socio-economic development
On August 19, 2019, the Jamaica Customs Agency (JCA) announced that as a
result of a decision of Cabinet in 2017, it was tasked with the responsibility to de-
velop a new legislative framework which would further promote business oppor-
tunities for Jamaica, particularly in the areas of shipping, logistics and interna-
tional trade. Following several stakeholder consultations, the Agency, along with
its partners, completed a significant leg of the process, which resulted in a new
Customs Act (2019) being tabled in Parliament in June 2019. The current Cus-
toms Act (1941) remains in effect until the new Customs Act (2019) goes through
the required parliamentary processes, and is passed and gazetted.
The JCA’s webpage on the new Customs Act (2019) states:
The new Act has retained some of the substantive provisions of its predecessor, even as it incorporates several new provisions geared towards trade facilitation and inter-national best practices. Additionally, the area of risk-based compliance and selectivity in Customs processing or treatment has also been included.
Provisions have also been crafted with respect to advance rulings, inward and out-ward processing, and an expansion of commercial opportunities for stakeholders with
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respect to the warehousing regimes, among other provisions that would be indicative of Jamaica as a logistics and commercial hub. Importantly, the language of the new Act has been simplified and modernised to facilitate ease of understanding, by the general public.
Benefits of the New Legislation:
Promote socio-economic development and assist with the creation of the conditions for economic growth.
Facilitate the efficient processing of Customs-related transactions.
Aid in protecting local businesses and the international supply chain from un-fair international trading practices, smuggling of goods, under-invoicing, fraud and intellectual property rights infringement.
Encourage voluntary compliance with Customs laws and procedures.
Further support the implementation of ASYCUDA World.
Strengthen the enforcement powers of the Commissioner of Customs.
Strengthen the ability of the JCA to effectively protect Jamaica’s borders.
Assist the JCA in facilitating the processing of increased volumes of trade in an increasingly complex international trading environment.
Encourage new business models and requirements, including e-commerce.
Modern Terminology and Ease of Use
The new terms and definitions in the Customs Act are consistent with the Revised Kyoto Convention (RKC) which has been adopted by several Customs administra-tions worldwide. The use of internationally accepted terms and definitions will facili-tate Jamaica's interaction with the international trading community and will assist car-riers, agents and all the industry professionals who operate in the global context.
Wide Range of Security
There is an overarching provision in the Act which deals with security. The JCA will facilitate a broader range, of types of security. Further, security may be specific, that is, relating to a specific consignment of goods; or general, that is, relating to any class/kind/category of goods during a specified or indefinite period.
Fluidity of Procedures
Express provisions are made for different Customs procedures in keeping with a lo-gistics-focused economy. For example, the new legislative framework will facilitate the introduction of Customs processing and procedures, such as inward and outward processing. Such processing procedures will enable goods to be imported for the specific purpose of under-going processing in Jamaica on condition that the products that result from the processing will be exported. In addition, goods may be seamlessly moved from one Customs procedure to another, once all Customs requirements are satisfied.
Clarification of the Transit and Transshipment Procedures
The Act seeks to clarify the regimes relating to transit and transshipment to promote improved alignment with ASYCUDA World and international best practice.
Advance Arrival Reports
The Agency has sought to revise the provisions concerning advance reports to be provided by carriers engaged in short haul flights and voyages as opposed to long haul flights and voyages. The time frames in the new Customs Act will conform to the World Customs Organisation’s (WCO) SAFE Framework of Standards. These time frames will facilitate further compliance by shipping agents.
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The Americas - North America
CANADA
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
09-04-19
ENVIRONMENT AND CLIMATE CHANGE: Order 2019-87-11-01 Amending Domestic Substances List (SOR/2019-302, August 16, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (O)
FINANCE: Order Amending the Order Imposing a Surtax on the Importation of Certain Steel Goods (Exclusions) (SOR/2019-313, August 23, 2019) pursuant to the Customs Tariff (O)
FINANCE: Regulations Amending the Special Import Measures Regulations (SOR/2019-314, August 23, 2019) pursuant to the Special Import Measures Act (R)
FINANCE: Surtax on the Importation of Certain Steel Goods Remission Order (SOR/2019-315, August 23, 2019) pursuant to the Customs Tariff (O)
FOREIGN AFFAIRS: Order Amending the Import Control List (SOR/2019-316, Au-gust 23, 2019) pursuant to the Export and Import Permits Act (O)
FOREIGN AFFAIRS: Order Amending the General Import Permit No. 80 – Carbon Steel (SOR/2019-317, August 26, 2019) pursuant to the Export and Import Permits Act (O)
FOREIGN AFFAIRS: Order Amending the General Import Permit No. 81 – Spe-cialty Steel Products (SOR/2019-318, August 26, 2019) pursuant to the Export and Import Permits Act (O)
FOREIGN AFFAIRS: General Import Permit No. 83 – Aluminum Products (SOR/2019-319, August 26, 2019) pursuant to the Export and Import Permits Act
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.
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
09-12-19 D3-4-2 (Revised) Highway Pre-arrival and Reporting Requirements
09-13-19
CN 19-20 General Import Permit No. 83 – Aluminum Products
CN 19-18 Amendments to the Canada-Israel Free Trade Agreement (CIFTA) - Minor Processing Operations
09-27-19 D10-15-26 (Revised) - Goods to be employed in a Noxious Atmosphere
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Date Reference Title
D10-15-29 Tariff Classification of suitcases, travelling bags, backpack (ruck-sacks) and handbags of Heading 42.02
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
MEXICO
President signs decree withdrawing retaliatory duties imposed be-cause of US Sec. 232
On September 20, 2019, the Diario Oficial (Federal Official Gazette) published
the Decree amending the Tariff of the Law on General Import and Export Taxes,
the Decree establishing the general import tax for the border region and the
northern border strip, the Decree establishing Various Sector Promotion Pro-
grams and the Decree for the Promotion of the Manufacturing, Maquiladora and
Export Services Industry. The decree removes the tariffs imposed by Mexico in
retaliation for the aluminum and steel duties imposed by the United States under
Sec.232. The Decree is pursuant to a May 17, 2019, Agreement between the
governments of Mexico and the United States of America (USA) that both gov-
ernments withdraw both the increase in the tariff rates imposed pursuant to Sec-
tion 232 or as a retaliatory measure. The tariffs were replaced by a commitment
to generate monitoring of trade flows. To simplify monitoring, the Decree creates
82 tariff sections, modifies 25 tariff sections and removes 21. In addition new tar-
iff sections are created in connection with implementation of the National Devel-
opment Plan, which was published in the Diario Oficial on July 12, 2019. In addi-
tion, changes are made to PROSEC Border Decrees and IMMEX decree to har-
monize them. New Chapter 72 Explanatory Notes have also been added to the
national tariff schedule.
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
09-04-19
ECONOMY: Procedure for the evaluation of the conformity of the Official Mexi-can Standard NOM-199-SCFI-2017, Alcoholic beverages-Denomination, phys-icochemical specifications, commercial information and test methods, pub-lished on October 30, 2017.
09-06-19
Promulgatory Decree of the Agreement between the United Mexican States and the Dominican Republic on Cooperation and Mutual Administrative Assis-tance in Customs Affairs, signed in Havana, Republic of Cuba, on May 15, 2017
09-17-19 ECONOMY: Notice by which the maximum quota amount is disclosed, to export sugar to the United States of America during the period between October 1, 2019 and September 30, 2020.
09-18-19 ECONOMY: Acuerdo announcing Decision No. 101 of the Administrative Com-mission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on August 16, 2019.
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Publication Date
Title
09-20-19
Decree amending the Tariff of the Law on General Import and Export Taxes, the Decree establishing the general import tax for the border region and the northern border strip, the Decree establishing Various Sector Promotion Pro-grams and the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industry.
09-27-19 ECONOMY: Notice by which the names of the owners and numbers of programs of the manufacturing industry , maquiladora and export services canceled are disclosed
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
UNITED STATES [NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL
RULE OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE
OR ORDER, TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT
LISTED.]
Presidential documents
During the past month, President Trump signed the following documents that re-
late to international trade or travel, regulatory reform, national security, law en-
forcement or related activities:
Date Subject
09-11-19 Notice of September 10, 2019 - Continuation of the National Emergency With Respect to Foreign Interference in or Undermining Public Confidence in United States Elections
09-12-19 Executive Order 13886 of September 9, 2019 - Modernizing Sanctions to Com-bat Terrorism
09-13-19 Notice of September 12, 2019 - Continuation of the National Emergency With Respect to Certain Terrorist Attacks
09-18-19 Presidential Determination No. 2019-23 - Continuation of the Exercise of Cer-tain Authorities Under the Trading With the Enemy Act
09-20-19 Notice of September 19, 2019 Continuation of the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism
09-30-19
Proclamation 9931 of September 25, 2019 Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Venezuela’s Democratic Institutions
Proclamation 9932 of September 25, 2019 Suspension of Entry as Immigrants and Nonimmigrants of Senior Officials of the Government of Iran
President announces initial US-Japan trade agreement
On September 16, 2019, the White House released the following message from
President Trump:
On October 16, 2018, my Administration notified the Congress that I intended to initi-ate trade negotiations with Japan on a United States-Japan Trade Agreement. As stated in that notification and subsequent consultations with the Congress, my Admin-istration proposed pursuing negotiations with Japan in stages. I am pleased to report that my Administration has reached an initial trade agreement regarding tariff barriers
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(the “agreement”) with Japan and I intend to enter into the agreement in the coming weeks.
Accordingly, pursuant to section 103(a)(2) of the Bipartisan Congressional Trade Pri-orities and Accountability Act of 2015 (Public Law 114-26, Title I) (the “Act”), I hereby
notify the Congress that I intend to enter into a trade agreement regarding tariff barri-ers with Japan under section 103(a) of the Act.
In addition, I also will be entering into an Executive Agreement with Japan regarding digital trade.
My Administration looks forward to continued collaboration with the Congress on fur-ther negotiations with Japan to achieve a comprehensive trade agreement that results in more fair and reciprocal trade between the United States and Japan.
DONALD J. TRUMP
US-Japan Trade Agreement
On September 25, 2019, he Office of the US Trade Representative (USTR) an-
nounced that the United States and Japan have reached agreement on early
achievements from negotiations in the areas of market access for certain agricul-
ture and industrial goods, as well as on digital trade. USTR stated that the United
States looks forward to further negotiations with Japan for a comprehensive
agreement that addresses remaining tariff and non-tariff barriers and achieves
fairer, more balanced trade. USTR provided the following outline of the agree-
ment:
1. Liberalizing Market Access Between the United States and Japan
The United States and Japan have reached an agreement in which Japan will eliminate or lower tariffs for certain U.S. agricultural products. For other agricul-tural goods, Japan will provide preferential U.S.-specific quotas.
Once this agreement is implemented, over 90 percent of U.S. food and agricul-tural products imported into Japan will either be duty free or receive preferential tariff access. For example, under the agreement, Japan will:
o Reduce tariffs on products such as fresh and frozen beef and pork.
o Provide a country-specific quota for wheat and wheat products.
o Reduce the mark-up on imported U.S. wheat and barley.
o Immediately eliminate tariffs for almonds, walnuts, blueberries, cranberries, sweet corn, grain sorghum, broccoli, and more.
o Provide staged tariff elimination for products such as cheeses, processed pork, poultry, beef offal, ethanol, wine, frozen potatoes, oranges, fresh cher-ries, egg products, and tomato paste.
This agreement provides for the limited use of safeguards by Japan for surges in imports of beef, pork, whey, oranges, and race horses, which will be phased out over time.
When the agreement is implemented by Japan, American farmers and ranchers will have the same advantage as CP-TPP countries selling into the Japanese market.
The United States will provide tariff elimination or reduction on 42 tariff lines for agricultural imports from Japan valued at $40 million in 2018, including products such as certain perennial plants and cut flowers, persimmons, green tea, chew-ing gum, and soy sauce.
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The United States will also reduce or eliminate tariffs on certain industrial goods from Japan such as certain machine tools, fasteners, steam turbines, bicycles, bicycle parts, and musical instruments.
2. Concluding a High-Standard Digital Trade Agreement
The United States and Japan have reached a separate agreement on a high-standard and comprehensive set of provisions addressing priority areas of digital trade. These areas include:
o Prohibitions on imposing customs duties on digital products transmitted elec-tronically such as videos, music, e-books, software, and games.
o Ensuring non-discriminatory treatment of digital products, including coverage of tax measures.
o Ensuring barrier-free cross-border data transfers in all sectors.
o Prohibiting data localization requirements, including for financial service sup-pliers.
o Prohibiting arbitrary access to computer source code and algorithms.
o Ensuring firms’ flexibility to use innovative encryption technology in their products.
The digital trade agreement with Japan meets the gold standard on digital trade rules set by the USMCA and will expand trade in an area where the United States is a leader.
The text of the agreement, the annexes and side letters are posted on the USTR
website.
USTR posts additional Sec. 301 exclusions for Lists 1 and 2 and corrects certain HTSUS notes
On September 27, 2019, the Office of the US Trade Representative (USTR)
posted on its website an advance copy of a Federal Register notice (published in
the Federal Register on October 2) granting additional product exclusions from
$34 billion action (List 1/first tranche) assessing Sec. 301 tariffs imposed on
products of Chinese origin. The notice covers additional exclusions for 92 spe-
cially prepared product descriptions, which cover 129 separate exclusion re-
quests from the $34 billion action. USTR said it will continue to issue exclusion
decisions as necessary. The notice also corrects errors by removing certain
notes in the Harmonized Tariff Schedule of the United States (HTSUS).
As in prior exclusion notices, the exclusions are available for any product that
meets the description in the Annex, regardless of whether the importer filed an
exclusion request. Further, the scope of each exclusion is governed by the scope
of the 10-digit HTSUS headings and product descriptions in the Annex to this no-
tice, and not by the product descriptions set out in any particular request for ex-
clusion. The exclusions will apply as of the July 6, 2018 effective date of the $34
billion action, and extend for one year after the publication of the notice. US Cus-
toms and Border Protection will issue instructions on entry guidance and imple-
mentation.
Paragraph A, subparagraphs 1 and 2 of the Annex insert a new HTSUS
9903.88.19 and a new US note 20(x). Paragraph A, subparagraphs 3 – 5 are
conforming amendments to the HTSUS reflecting the modification made by the
Annex to the notice. Paragraphs B, C, D, and E of the Annex correct errors by re-
moving U.S. notes 20(q)(115), 20(q)(132), 20(q)(133), and 20(q)(216) of sub-
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chapter III of chapter 99 of the HTSUS. These notes relate to HTSUS subhead-
ings covered by other tariff actions, but they were placed in the annex to the no-
tice published at 84 Fed. Reg. 49564 (September 20, 2019), which excluded
products under HTSUS subheadings covered by the $34 billion action.
Also on September 27, 2019, the Office of the US Trade Representative (USTR)
posted on its website an advance copy of a Federal Register notice (published in
the Federal Register on October 2) granting additional product exclusions from
the Sec. 301 tariffs imposed under the 16 billion action (List 2) on products of
Chinese origin. This notice covers additional exclusions for 111 specially pre-
pared product descriptions, which cover 382 separate exclusion requests from
the $16 billion. action (referred to as List 2 or the second tranche). USTR said it
will continue to issue exclusion decisions as necessary. The notice also corrects
errors by removing certain notes in the HTSUS.
As in prior exclusion notices, the exclusions are available for any product that
meets the description in the Annex, regardless of whether the importer filed an
exclusion request. Further, the scope of each exclusion is governed by the scope
of the 10-digit HTSUS headings and product descriptions in the Annex to this no-
tice, and not by the product descriptions set out in any particular request for ex-
clusion. The exclusions will apply as of the August 23, 2018 effective date of the
$16 billion action, and extend for one year after the publication of the notice. US
Customs and Border Protection will issue instructions on entry guidance and im-
plementation.
Paragraph A, subparagraphs 1 and 2 of the annex insert a new 9903.88.20,
HTSUS and a new US note 20(y). Paragraph A, subparagraphs 3–5 are con-
forming amendments to the HTSUS reflecting the modification made by the An-
nex. Paragraph B and C of the Annex correct errors by removing US notes
20(v)(55) and 20(v)(88) of subchapter III of chapter 99 of the HTSUS, as set out
in the Annex to the notice published at 84 Fed. Reg. 49600 (September 20,
2019).
USTR says Chinese mid-level talks were productive
On September 20, 2019, USTR released the following statement:
On September 19 and 20, deputy-level negotiators from the United States and China met in Washington, D.C. to continue discussions aimed at improving the trade rela-tionship between the two countries. These discussions were productive, and the United States looks forward to welcoming a delegation from China for principal-level meetings in October.
USTR requests environment consultations under KORUS in effort to combat illegal fishing
On September 19, 2019, the Office of the US Trade Representative (USTR) an-
nounced that it intends to seek environment consultations with Korea under the
Environment Chapter of the United States – Korea Free Trade Agreement (KO-
RUS). The announcement said:
Today’s announcement follows the release of the U.S. National Marine Fisheries Ser-vice (NMFS) biennial report to Congress identifying nations for illegal, unreported, and unregulated (IUU) fishing, pursuant to the Moratorium Protection Act (MPA). In its report, NMFS has identified Korea for “failing to apply sufficient sanctions to deter its vessels from engaging in fishing activities that violate conservation and manage-ment measures adopted by” the Commission for the Conservation of Antarctic Marine
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Living Resources (CCAMLR). Under the KORUS Environment Chapter, Korea is ob-ligated to “adopt, maintain, and implement” measures to fulfill its obligations under CCAMLR. The United States is entitled to request consultations under Article 20.9 with respect to “any matter” arising under the Chapter, such as NMFS’ identification of Korea for failing to apply sufficient sanctions to deter Korean vessels.
USTR publishes additional Sec. 301 product exclusions for Lists 1, 2 and 3 and revises List 3 exclusion end-date
On September 18, 2019, the Office of the US Trade Representative (USTR)
posted on its website advance copies of three Federal Register notices granting
product exclusions from the Sec. 301 tariffs imposed on products of Chinese
origin. USTR’s determination takes into account advice from advisory committees
and any public comments on the pertinent exclusion requests. Subsequently,
these documents were published in the September 20, 2019 Federal Register.
The first notice announces the USTR’s determination to grant additional exclu-
sion requests from the $34 billion action (25% additional duties) imposed on July
6, 2018 (List 1 or first tranche) and covers 310 specially prepared product de-
scriptions, which cover 724 separate exclusion requests, as specified in the An-
nex to the notice. In accordance with the July 11, 2019 notice (83 Fed. Reg.
32181) establishing the exclusion process, the exclusions are available for any
product that meets the description in the Annex, regardless of whether the im-
porter filed an exclusion request. Further, the scope of each exclusion is gov-
erned by the scope of the product descriptions in the Annex, and not by the prod-
uct descriptions set out in any particular request for exclusion. Paragraph A,
subparagraphs (3) – (5) of the Annex adds a new subheading 9903.88.14 and
US Note 20(q) and makes conforming amendments to other subheadings and
US Notes of the HTSUS reflecting the modifications made by the Annex to the
notice.
Paragraph B of the Annex corrects a typographical error relating to the value of
“Dental x-ray alignment and positioning apparatus” in U.S. note 20(n)(105) to
subchapter III of chapter 99 of the HTSUS, as set out in the Annex to the notice
published at 84 Fed. Reg. 32821 (July 9, 2019). As stated in the July 11, 2019
notice, the exclusions will apply as of the July 6, 2018 effective date of the $34
billion action, and extend for one year after the publication of this notice. U.S.
Customs and Border Protection will issue instructions on entry guidance and im-
plementation.
The second notice announces the USTR’s determination to grant additional ex-
clusion requests from the $16 billion action imposed on August 23, 2019 (List 2
or second tranche) and covers 89 specially prepared product descriptions, which
cover 400 separate exclusion requests as specified in the Annex to the notice. In
accordance with the September 18, 2018 notice (83 Fed. Reg. 47236) establish-
ing the exclusion process, the exclusions are available for any product that meets
the description in the Annex, regardless of whether the importer filed an exclu-
sion request. Further, the scope of each exclusion is governed by the scope of
the product descriptions in the Annex, and not by the product descriptions set out
in any particular request for exclusion. Paragraph A of the Annex, subparagraphs
(3)–(5) adds a new subheading 9903.88.17 and US Note 20(v) to the HTSUS
and conforming amendments to other subheadings and US Notes in the HTSUS
reflecting the modifications made by Annex A.
As stated in the September 18 notice, the exclusions will apply as of the August
23, 2018 effective date of the $16 billion action, and extend for one year after the
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publication of this notice. U.S. Customs and Border Protection will issue instruc-
tions on entry guidance and implementation.
The third notice announces the USTR’s determination to grant additional exclu-
sion requests from the $200 billion action (initially 10% but in May 2019 in-
creased to 25% additional duties) imposed on September 24, 2018 (List 3 or third
tranche) and covers 38 specially prepared product descriptions, which cover 46
separate exclusion requests, as specified in Annex A to the notice. Paragraph A,
subparagraphs (3)–(5) of the Annex adds a new subheading 9903.88.18 and US
Note 20(w) to the HTSUS and conforming amendments to other subheadings
and US Notes in the HTSUS reflecting the modifications made by Annex A.
As specified in Annex B, the notice also makes technical amendments to the
$200 billion action and to the $300 billion action announced in August 2019 (ini-
tially 10% as announced in 84 Fed. Reg. 43304, but later increased to 15% in 84
Fed. Reg. 45821). These amendments provide that the additional duties do not
apply to entries under certain subheadings if the applied rate of duty for an entry
is derived from another subheading, and if the entry for this reason already is
subject to the additional duties.
New subheadings 9903.88.21 through 9903.88.28 and US Notes 20 (z) through
20 (gg) are added to the HTSUS.
The notice also amends the exclusion process by establishing August 7, 2020 as
a uniform expiration date for all exclusions granted under the third tranche action
The June 24 notice announced that the exclusions granted for the third tranche
trade action would be effective starting from September 24, 2018, and extend for
one year after the publication of the exclusion determination in the Federal Reg-
ister. This policy, however, would have resulted in disparities in the effective peri-
ods between exclusions granted early in the exclusion process and those
granted later. Accordingly, USTR is amending the exclusion process so as to
adopt a uniform expiration date for exclusions granted for the $200 billion trade
action, subject to special circumstances. In particular, all exclusions from the
$200 billion action will be effective from September 24, 2018, to August 7, 2020.
The Office of the U.S. Trade Representative regularly updates the status of each
pending request and posts the status within the webpages for the respective tariff
action to which they apply at https://ustr.gov/issueareas/enforcement/section-
301-investigations/tariff-actions.
For implementing CBP instructions, please see CSMS #39985407 - GUIDANCE:
Tenth Round of Products Excluded from Section 301 Duties and CSMS
#39981444 - GUIDANCE: Ninth Round of Products Excluded from Section 301
Duties (Tranche 3) and Application of Duties for Certain Set Provisions in
Tranche 3 and Tranche 4 Annex A.
USTR files a notice requesting comments on a proposal to increase Sec. 301 additional duties 25% to 30% for Lists (tranches) 1-3
On September 3, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a notice [Docket No. USTR-2019-0015] requesting
comments on a proposal to increase the duties from 25% to 30% ad valorem for
articles from China covered by tariff actions with an aggregate annual trade value
of approximately $250 billion (lists (tranches) 1-3. The products subject to this
proposed modification are specified in prior notices, and for the convenience of
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the public also are set out in the Annexes to the notice. USTR imposed these ad-
ditional duties in three tranches. Tranche 1 covered 818 tariff subheadings, with
an approximate annual trade value of $34 billion. See 83 Fed. Reg. 28710 (June
20, 2018). Tranche 2 covered 279 tariff subheadings, with an approximate an-
nual trade value of $16 billion. See 83 Fed. Reg. 40823 (August 16, 2018).
Tranche 3 covered 5,733 tariff subheadings, with an approximate annual trade
value of $200 billion. See 83 Fed. Reg. 47974 (September 21, 2018); 83 Fed.
Reg. 49153 (September 28, 2018); and 84 Fed. Reg. 20459 (May 9, 2019).
To be assured of consideration, written comments must be submitted by Septem-
ber 20, 2019. The proposed modification would be effective on October 1, 2019.
USTR requests that commenters focus specifically on the proposed increase in
the rate of additional duty from 25 percent to 30 percent, with an effective date of
October 1, 2019. In particular, USTR invites commenters to address specifically
whether increasing the rate of additional duties on one or more subheadings
listed in the Annexes would be practicable or effective to obtain the elimination of
China's acts, policies, and practices, and whether increasing the rate of addi-
tional duties of a particular product listed in the Annexes would cause dispropor-
tionate economic harm to U.S. interests, including small- or medium-sized busi-
nesses and consumers.
USTR requests comments for National Trade Estimate Report on Foreign Trade Barriers
On September 3, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a request for comments [Docket Number USTR–
2019–0012].to compile the National Trade Estimate Report on Foreign Trade
Barriers (NTE Report) USTR, through the Trade Policy Staff Committee (TPSC),
publishes the NTE Report each year. USTR invites interested persons to submit
written comments to assist it and the TPSC in identifying significant barriers to
US exports of goods and services, US foreign direct investment, and the protec-
tion and enforcement of intellectual property rights for inclusion in the NTE Re-
port. USTR also will consider responses to this notice as part of the annual re-
view of the operation and effectiveness of all US trade agreements regarding tel-
ecommunications products and services that are in force with respect to the
United States. The deadline for submission of written comments is October 31,
2019 at midnight EST.
USTR seeks comments on WTO disputes
The Office of the US Trade Representative (USTR) published the following docu-
ments related to WTO disputes in the Federal Register:
F.R. Date Matter Comments
Due
09-06-19
WTO Dispute Settlement Proceeding Regarding United States – Anti-Dumping and Countervailing Duties on Ripe Olives From Spain [Docket Number USTR-2019-0016 and [WTO Dispute Num-ber WT/DS577]
10-07-19
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
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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. No. 332-345 - Recent Trends in U.S. Services Trade, 2019 Annual Report. (USITC Pub. 4975)
Inv. No. 332-573 - Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels (I/H)
USTR
Treasury issues proposed regulations implementing FIRRMA
On September 17, 2019, the Department of Treasury (Treasury) released for
public comment two proposed rules (the “Proposed Rules”) implementing the
Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August
2018. FIRRMA expanded the jurisdiction of the Committee on Foreign Invest-
ment in the United States (CFIUS) and granted CFIUS new tools to regulate for-
eign investments raising national security concerns. Our previous analysis of
FIRRMA is available here, and our analysis of the “critical technologies” pilot pro-
gram under FIRRMA implemented by interim regulations issued by Treasury on
October 10, 2018, (the “Pilot Program”) is available here.
Treasury will accept comments on the Proposed Rules until October 17, 2019,
and the final regulations are to become effective no later than February 13,
2020. Companies that may be affected by the Proposed Rules are encouraged
to comment. The full text of the Proposed Rules on investments by foreign per-
sons in US businesses can be found here and on real estate transac-
tions here. We would be pleased to assist our clients with the submission of
comments.
Key Changes
The Proposed Rules, intended to implement FIRRMA, would replace and expand
the existing CFIUS regulations by expanding CFIUS’ jurisdiction, imposing a
mandatory pre-closing declaration requirement for foreign investments involving
a substantial foreign government interest, and defining CFIUS procedures. High-
lights of the Proposed Rules are as follows:
Mandatory Pre-Closing Declarations for Investments in which a Foreign Govern-ment has a Substantial Interest — The Proposed Rules would require pre-closing declarations to CFIUS for investments in certain critical infrastructure and sensi-tive personal data businesses by foreign investors in which a foreign government holds a substantial interest. The explanatory note to the Proposed Rules indi-cates that CFIUS is still considering whether to apply the same approach to for-eign investments in technology businesses or to maintain some version of the Pi-lot Program where declarations are required for all foreign investments in US businesses developing, testing or producing critical technology for use in listed sectors.
Expanded Jurisdiction over Investments in Technology, Infrastructure, and Data US Businesses (TID US Businesses) — While CFIUS has had authority since 1988 to review investments where a foreign person acquires “control” over a US business, the Proposed Rules would extend CFIUS’ jurisdiction to review non-controlling foreign investments in TID US Businesses where the foreign person acquires board representation or observer rights, access to nonpublic technical information, or rights to involvement in substantive decision making regarding the infrastructure, technology, or data (the “Non-Controlling Rights”). The definition of “critical technology” and “sensitive personal data” for purposes of jurisdiction are among the more important provisions of the Proposed Rules.
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Excepted Investors — The Proposed Rules would excuse certain “excepted in-vestors” from the expanded CFIUS jurisdiction and declaration requirements de-scribed above, though such excepted investors would remain subject to CFIUS’ jurisdiction for the purposes of reviewing non-controlling investments in busi-nesses in any sector. For a foreign investor to be an “excepted investor,” it must be from an “excepted foreign state” and must meet certain criteria relating to ownership, board membership, and legal compliance. The “excepted foreign states” will include national security allies of the United States that have effective investment security procedures similar to CFIUS. The explanatory note indicates that the list of “excepted foreign states” will initially be short.
Real Estate — The Proposed Rules would bring certain real estate transactions within CFIUS’ jurisdiction. Previously, real estate unconnected to a US business was outside of CFIUS’ jurisdiction.
Voluntary Declarations — The Proposed Rules would, as authorized by FIRRMA, allow parties to file voluntary declarations, before or after closing. Declarations, being short forms with a 30 day timeline, could potentially provide an expedited procedure for securing a CFIUS clearance that insulates a transaction from sub-sequent questioning by CFIUS.
The Proposed Rules do not include provisions imposing filing fees for CFIUS no-
tice files. Under FIRRMA, CFIUS is authorized to impose filing fees not exceed-
ing the lesser of 1 percent of the transaction value or $300,000 (adjusted annu-
ally for inflation) on the filing of notices, but not on declarations. Proposed rules
on filing fees are to be published subsequently.
Mandatory Declarations
Currently, all investors are required to submit a mandatory declaration under the
Pilot Program. Unlike the Pilot Program, the Proposed Rules limit the mandatory
declaration requirements, with regard to infrastructure and personal data compa-
nies, to foreign investments involving a substantial interest held by a foreign gov-
ernment. A declaration is required for the acquisition of 25% or more of a voting
interest in a TID US Business by a foreign person in which a foreign government
in turn holds 49% or more of a voting interest. Under this formulation, an invest-
ment that does not meet both thresholds would not require a declaration, even if
the transaction implicated relevant rights. For example, an acquisition of 24% of
a voting interest in a TID US Business by an entity 100% owned by a foreign
government would not require the submission of a mandatory declaration.
The explanatory note to the Proposed Rules points out that CFIUS is still consid-
ering whether to continue the mandatory declaration requirement under the Pilot
Program. Given the technology transfer concerns that motivated Congressional
passage of FIRRMA, CFIUS may well preserve broader declaration requirements
for critical technology than for critical infrastructure and sensitive personal
data. Moreover, it is likely that critical technology and sensitive personal data in-
vestments would be more visible to CFIUS than technology investments involving
start-ups with no market presence.
Mandatory declarations would need to be submitted to CFIUS at least 30 days in
advance of the completion date. After a 30-day review, CFIUS would revert to
the parties with the same potential outcomes as under the Pilot Program – spe-
cifically, it may (1) issue a safe harbor letter, (2) inform the parties that CFIUS
was unable to conclude its review and that the parties may file a voluntary notice,
(3) request that the parties file a voluntary notice, or (4) initiate unilateral review
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of the transaction. The Proposed Rules provide, in contrast with the Pilot Pro-
gram, that CFIUS may invite parties to a declaration to discuss and clarify issues
pertaining to the transaction in a meeting.
Notwithstanding the new proposed mandatory filing requirement, CFIUS’ broad
authority to review transactions may be exercised even if a foreign government’s
interest is less than 49%.
Investment funds exception
Similarly to the Pilot Program, the Proposed Rules provide, as largely dictated by
the detailed provisions in FIRRMA, that the submission of a declaration shall not
be required with respect to an investment by a qualified investment fund. Invest-
ments via funds managed exclusively by a US general partner are exempted
from the expanded CFIUS jurisdiction where: the foreign person is a limited part-
ner or equivalent on an advisory committee of the fund, the advisory committee
does not have the ability to control investment decisions of the fund, the foreign
person does not otherwise have the ability to make certain important decisions
regarding the fund, and the foreign person does not have any of the Non-Control-
ling Rights in the TID US business as a result of the investment. Out previous
analysis of how the CFIUS reform affects the private equity funds is availa-
ble here.
CFIUS’ Expanded Jurisdiction
While CFIUS has long had authority to review investments where a foreign per-
son acquires “control” of a US business, the Proposed Rules would expand
CFIUS’ authority to review certain investments in US businesses that handle
“critical technology,” “critical infrastructure,” and “sensitive personal data” where
a foreign investor acquires Non-Controlling Rights.
Covered investments involving critical technology
Investments by foreign persons with Non-Controlling Rights into the TID US Busi-
nesses involving critical technology are currently the subject of the Pilot Pro-
gram. The Proposed Rules would not make any changes to the Pilot Program.
Covered investments involving critical infrastructure
The Proposed Rules would provide CFIUS with authority to review transactions
in which a foreign investor gains Non-Controlling Rights in a US business that
owns, operates, manufactures, supplies, or services certain “critical infrastruc-
ture” identified in an annex to the Proposed Rules. The annex includes catego-
ries such as internet and telecommunications networks, electric power genera-
tion systems, certain natural gas pipelines, and maritime ports. There are also
descriptive categories; for example, an “industrial resource other than commer-
cially available off-the-shelf items” manufactured for a defense acquisition pro-
gram, for which the US business is a “single source,” or where the resource is a
“long lead” item, would be considered part of the critical infrastructure subset trig-
gering expanded jurisdiction.
Covered investments involving sensitive personal data
The Proposed Rules also provide CFIUS with authority to review investments
where the foreign person gains Non-Controlling Rights in a US business that
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maintains or collects sensitive personal data of US citizens that could be ex-
ploited in a manner that threatens national security. Under the Proposed Rules,
certain categories of data, including, among other things, identifiable financial
data, consumer reports, health-related data, geolocation and biometric data, and
security clearance-related data, may constitute “sensitive personal data” if the US
business (1) targets or tailors their products or services to sensitive US govern-
ment personnel or contractors, (2) maintains or collects such data on greater
than one million individuals, or (3) has a demonstrated business objective to
maintain or collect such data on greater than one million individuals and such
data is an integrated part of the US business’ primary products or services. The
Proposed Rules carve out from the “sensitive personal data” definition the data
pertaining to a US business’ own employees and public records.
Covered investments involving real estate
The Proposed Rules would extend CFIUS’ jurisdiction to review certain real es-
tate transactions, specifically, the purchase or lease by, or concession to, a for-
eign person of real estate in specific airports or maritime ports, and real estate
near certain military facilities, to the extent such transactions afford the foreign
person certain rights regarding the property. The relevant sensitive airports,
ports, and military facilities are listed in Appendix A to Part 802. The military fa-
cilities are divided into lists indicating which geographic area triggers CFIUS’ ju-
risdiction, i.e. one list indicates that real estate investments within one mile of the
relevant facilities would be covered, while another list indicates that investments
within 100 miles would be covered.
The Proposed Rules would also provide CFIUS with jurisdiction to review real es-
tate investments near other, non-military, facilities of the US Government that are
sensitive for national security reasons. The Proposed Rules do not list any such
facilities.
The proximity criteria provided by the Proposed Rules with regard to real estate
transactions might, to some degree, be used as a guideline for analyzing poten-
tial proximity-related vulnerabilities in the context of investments in US busi-
nesses. For example, parties to a transaction where a foreign person is acquir-
ing a US business within 100 miles of a military installation listed in Part 2 of Ap-
pendix A to Part 802 might be more inclined to submit a voluntary notice or dec-
laration to CFIUS in light of potential proximity-related national security concerns.
Exceptions from CFIUS’ expanded jurisdiction
“Excepted investors” and “Excepted foreign states”
The Proposed Rules seek to implement FIRRMA’s requirement to specify criteria
to limit the expanded jurisdiction and the mandatory declaration requirement to
certain categories of foreign persons by introducing an “excepted investor” defini-
tion. Such an investor would have a substantial connection, such as nationality
of ultimate beneficial owners and place of incorporation, to one or more eligible
foreign states to be identified by Treasury in a separate list on its website.
As a second step, Treasury would determine, two years after the effective date of
the final regulations (likely, February 2022), the eligible foreign states that are ef-
fectively utilizing a robust process to assess foreign investments for national se-
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curity risks and to facilitate coordination with the United States on matters relat-
ing to investment security. The purpose of this proposed two-stage system is to
encourage other advanced countries to implement investment security regimes.
Notably, certain past and future missteps, such as violating certain US laws and
regulations, material misstatements or omissions in a CFIUS notice or declara-
tion, or even failing to meet certain criteria after the completion of a transaction
may disqualify someone from qualifying for excepted investor status, in which
case CFIUS may choose to review the closed transaction.
Specific real estate exceptions
The Proposed Rules would except certain types of real estate transactions –
such as urban clusters, single housing units, and commercial office space – from
CFIUS’ review, subject to some restrictions set out in the Proposed
Rules. Leases by or concessions to foreign persons at airports or maritime ports
that are covered real estate are excepted if the property may be used only as re-
tail trade, accommodation, or food service establishments.
US Business Regulations
Currently, the CFIUS regulations define “US business” broadly to mean a “person
engaged in interstate commerce in the United States, but only to the extent of its
activities in interstate commerce in the United States.” The Proposed Rules sug-
gest defining US business simply as a person engaged in interstate commerce in
the United States. Removing the second part of the US business definition and
not limiting it to US operations could allow CFIUS to further expand its jurisdic-
tional reach to cover the businesses outside of the United States where their only
nexus with the United States is that they sell or supply US customers. We would
expect this modification to generate comments and the need for clarity from
CFIUS on the intended meaning and consequences of this revision.
For additional information, please contact one of the authors: Rod Hunter, Syl-
wia A. Lis, Maria Sergeyeva, Callie Lefevre and Ryan Poitras
CBP corrects interim final rule on Statement Processing and ACH
On September 23, 2019, US Customs and Border Protection (CBP) published in
the Federal Register a correction to an interim file rule [USCBP–2019–0032;
CBP Dec. No. 19–10] published on September 5, 2019, which amended the CBP
regulations regarding statement processing and Automated Clearinghouse
(ACH) and made certain technical corrections to the CBP regulations. In the Sep-
tember 5, 2019, document, an amendatory instruction cited an incorrect sentence
in a paragraph to be amended. The Federal Register document published on
September 23 corrects that error.
CBP to require Certificates of Export for importations of steel prod-ucts of S. Korea
On September 18, 2019, US Customs and Border Protection (CBP) published in
the Federal Register a general notice that steel products from the Republic of Ko-
rea (S. Korea) that are covered by the quantitative limitations applicable to sub-
headings 9903.80.05 through 9903.80.58, HTSUS, that are entered, or with-
drawn from warehouse, for consumption on or after October 18, 2019 must be
presented with certificates of exportation issued by the Korea Iron and Steel As-
sociation.
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Clause 7 of Proclamation 9777 (83 Fed. Reg. 45025), provides that where a gov-
ernment of a country identified in the superior text to subheadings 9903.80.05
through 9903.80.58, HTSUS, notifies the United States that it has established a
mechanism for the certification of exports to the products covered by the quanti-
tative limitations applicable to those subheadings, CBP may require that import-
ers of these products furnish relevant certification of export information in order to
qualify for the treatment set forth in those subheadings. If CBP adopts such a re-
quirement no article that is subject to the export certification requirement an-
nounced in the Federal Register notice implementing the requirement may be en-
tered for consumption, or withdrawn from warehouse for consumption, on or after
the effective date specified in such a notice, except upon presentation of a valid
and properly executed certification of export. S. Korea has notified the United
States that it has established a mechanism for the certification of exports to the
covered products, specifically in the form of official certificates of exportation is-
sued by the Korea Iron and Steel Association, as authorized by S. Korea. Ac-
cordingly, Importations into the United States of steel products of S. Korea sub-
ject to absolute quota limits must be presented with valid and properly executed.
CBP issues technical corrections relating to CEEs
On September 5, 2019, US Customs and Border Protection (CBP) published in
the Federal Register a final rule [USCBP–2016–0075; CBP Dec. No. 19–11]
which clarifies two sections of CBP regulations (19 C.F.R. 12.73(j) and
141.113(B)) that do not currently reflect CBP’s operational structure or the objec-
tive of the “Regulatory Implementation of the Centers of Excellence and Exper-
tise” interim final rule that was published on December 20, 2016 in the Federal
Register (81 Fed. Reg. 92978). The document amends CBP regulations to cor-
rect the discrepancies.
CBP modifies and clarifies periodic monthly statements
On September 5, 2019, US Customs and Border Protection (CBP) published in
the Federal Register a general notice that announces changes to CBP’s National
Customs Automation Program (NCAP) test concerning periodic monthly state-
ments (PMS) to reflect that CBP will identify PMS as paid upon the completion of
the funds transfer when payment is made via Automated Clearinghouse (ACH).
The trade community will experience no delays, interruptions, or process
changes associated with the modifications. Except to the extent expressly an-
nounced or modified by the general notice, all aspects, rules, terms and condi-
tions announced in previous notices regarding the test remain in effect. For ease
of reference, CBP is reproducing the entire test, with the changes, in the Federal
Register document. The changes made by the notice are effective September 7,
2019.
On September 5, CBP also published an interim final rule [USCBP–2019–0032;
CBP Dec. No. 19–10] that amends CBP regulations regarding statement pro-
cessing and Automated Clearinghouse (ACH) to reflect that CBP will identify final
statements as paid upon the completion of the funds transfer. Additionally, the
document makes certain technical corrections to the CBP regulations on state-
ment processing and ACH (19 C.F.R. 24.25). The interim final rule is effective
September 7, 2019; comments must be received by November 4, 2019.
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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
09-16-19 Accreditation and Approval of AmSpec LLC (Christiansted, St. Croix, USVI) as a Commercial Gauger and Laboratory (N)
09-24-19
Approval of AmSpec LLC (Kenai, AK), as a Commercial Gauger (N)
Accreditation and Approval of AmSpec LLC (Mickleton, NJ) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of King Inspection and Testing, Inc. (Carson, CA) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of AmSpec LLC (Gonzales, LA) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of AmSpec LLC (Davie, FL) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of AmSpec LLC (Nederland, TX) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of AmSpec LLC (La Porte, TX) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Inspectorate America Corporation (St. Rose, LA) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Laboratory Service, Inc. (Carteret, NJ) as a Com-mercial Gauger and Laboratory (N)
Accreditation and Approval of Inspectorate America Corporation (Aston, PA) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Pan Pacific Surveyors, Inc. (Wilmington, CA) as a Commercial Gauger and Laboratory (N)
EAPA Notices of Action and Final Determinations
The following Notices of Action and Final Determinations under the Enforce and
Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of
2015) relating to alleged evasion of antidumping or countervailing duties were
posted by CBP:
Date Subject
09-11-19 EAPA Investigation 7292: IPC International, Inc. (Notice of Investigation and In-terim Measures, July 15, 2019)
09-24-19
EAPA Cons. Investigation Number 7282: Cementing Products Inc.; Global Envi-rotech Industries LLC; Kerui Group US, LLC; and Kerui Petroleum Equip-ment (Notice of Initiation of Investigation and Interim Measures, August 12, 2019)
EAPA Investigation Number 7184: Diamond Tools Technology LLC (Notices of Final Determination of Evasion, Sept. 17, 2019)
Detention Orders (Withhold Release Orders)
When information reasonably but not conclusively indicates that merchandise
within the purview of 19 U.S.C. §1307 (forced or convict labor) is being imported,
the Commissioner of U.S. Customs and Border Protection (CBP) may issue with-
hold release orders pursuant to 19 C.F.R. § 12.42(e). The following withhold re-
lease orders were issued by the Commissioner during the period of coverage of
this Update.
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Date Merchandise Country & Manufacturer Status
09-30-19
Bone Black BRAZIL: Bonechar Carvao Ativado Do Brasil Ltda
Active
Garments CHINA: Hetian Taida Apparel Co., Ltd.
Gold DR OF CONGO: Artisanal Small Mines
Disposable Rubber Gloves
MALAYSIA: WRP Asia Pacific Sdn. Bhd.
Artisanal Rough Cut Diamonds
ZIMBABWE: Marange Diamond Fields
CBP issues guidance on Section 301 product exclusions
CSMS #39981444 - GUIDANCE: Ninth Round of Products Excluded from Sec-
tion 301 Duties (Tranche 3) and Application of Duties for Certain Set Provisions
in Tranche 3 and Tranche 4 Annex A, distributed on Sept. 26, 2019, provides
guidance in the form of 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 Federal Register Notice 84 Fed. Reg.
49591 as follows:
In addition to reporting the regular Chapters 38, 39, 40, 42, 44, 46, 48, 54, 55, 59, 73, 76, 83, 84, 85, 87, and 94 classifications of the HTSUS for the im-ported merchandise, importers shall report the HTSUS classification 9903.88.18 (Articles the product of China, as provided for in U.S. note 20(w) 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 9903.88.18 is submitted.
ADDITIONAL GUIDANCE FOR APPLYING SEC 301 DUTY TO SETS (Annex B)
Annex B to Federal Register Notice 84 Fed. Reg. 49591 identifies specific HTS num-bers described as sets. Part A applies to those sets in the Tranche 3 (9903.88.03 or 9903.88.09) list and Part B applies to those sets in the Tranche 4 Annex A (9903.88.15) list. The intent is to apply section 301 duties only once on products of a set provision.
If the component(s) is not subject to section 301 duties then the HTS# associated with the set will have the applicable duty rate applied as per the procedures outlined with the respective Tranche.
If the set and the component(s) are subject to Section 301 duties, use the guidance below. Section 301 duties are to be applied on the component with the highest duty rate.
Sets Included in Tranche 3
If the component HTS# is covered under Tranche 1 (9903.88.01), then trans-mit 9903.88.21. (Only the Tranche 1 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 2 (9903.88.02), then trans-mit 9903.88.22. (Only the Tranche 2 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 3 (9903.88.03 or 9903.88.09), then transmit 9903.88.23. (Only the Tranche 3 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)
If the component HTS# is covered under Tranche 4 (9903.88.04), then trans-mit 9903.88.24. (Only the Tranche 4 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)
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Sets Included in Tranche 4 (Annex A)
If the component HTS# is covered under Tranche 1 (9903.88.01), then trans-mit 9903.88.25. (Only the Tranche 1 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)
If the component HTS# is covered under Tranche 2 (9903.88.02), then trans-mit 9903.88.26. (Only the Tranche 2 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)
If the component HTS# is covered under Tranche 3 (9903.88.03 or 9903.88.09), then transmit 9903.88.27. (Only the Tranche 3 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)
If the component HTS# is covered under Tranche 4 (9903.88.04), then trans-mit 9903.88.28. (Only the Tranche 4 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)
NOTE
9903.88.21, 9903.88.22, 9903.88.23 and 9903.88.24 are valid as of the ef-fective date for Tranche 3, September 24, 2018
9903.88.25, 9903.88.26, 9903.88.27 and 9903.88.28 are valid as of the ef-fective date for Tranche 4 Annex A, September 1, 2019.
ADDITIONAL INFORMATION
Duty exclusions granted by the USTR as set out in Federal Register Notice 83 Fed. Reg. 47974 are retroactive for imports on or after the initial effective date of Septem-ber 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 fil-ing timeframe, importers may protest the liquidation.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, they should 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.
For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifi-cations are provided below:
[See latest chart in CSMS #39997241 as corrected by CSMS #40001360, below]
For more information related to the ninth round of products of China excluded from Section 301 duties, please refer to Federal Register Notice 84 Fed. Reg. 49591, is-sued September 20, 2019.
Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements should be emailed to Traderem-edy@cbp.dhs.gov.
Related CSMS Messages: 38840764, 18-000554, 19-000238, 19-000274, 19-
000332- 19-000244, 19-000212, 19-000155, 19-000052, 39268267.
The functionality for the acceptance of the ninth round of products of China ex-cluded from Section 301 duties, as well as the support for the set provisions, will be available in the Automated Commercial Environment (ACE) as of September 29, 2019.
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In addition, CSMS #39985407 - GUIDANCE: Tenth Round of Products Excluded
from Section 301 Duties was distributed on September 26, 2019 and applies to
Tranche 1 (the $34 Bn action).
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 84 Fed. Reg. 49564 are as follows:
In addition to reporting the regular Chapters 84, 85, 87, 88 and 90 classifica-tions of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.14 (Articles the product of China, as provided for in U.S. note 20(q) 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 9903.88.14 is submitted.
Paragraph “B” of the Annex to 84 Fed. Reg. 49564 corrects a previous ex-clusion round; U.S. note 20(n)(105) to subchapter III of chapter 99 of the HTSUS (6th Round - 9903.88.11), correcting the description of “Dental X-ray alignment and positioning apparatus.”
ADDITIONAL INFORMATION
Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of July 6, 2018 (83 Fed. Reg. 28710). 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 importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, they should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS in ACE).
Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.
For ease of reference, a summary of Section 301 actions are provided below:
[See latest chart in CSMS #39997241 as corrected by CSMS #40001360, below]
For more information related to the eleventh round of products of China excluded from Section 301 duties, please refer 84 Fed. Reg. 49564, issued September 20, 2019.
Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements should be emailed to Traderem-edy@cbp.dhs.gov.
Related Messages: #38840764, 19-000332- 19-000244, 19-000212, 19-000155, 19-000052.
The functionality for the acceptance of the tenth round of products of China ex-
cluded from Section 301 duties will be available in the Automated Commercial
Environment (ACE) as of September 29, 2019.
Finally, CSMS #39997241 - Eleventh Round of Products Excluded from Section
301 Duties (Tranche 2), distributed on September 27, 2019, provides guidance
relating to the $16 Bn. Action (Tranche 2) (CSMS #40001360 - CORRECTED:
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Eleventh Round of Products Excluded from Section 301 Duties (Tranche 2) cor-
rected the summary charts only):
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 84 Fed. Reg. 49600 are as follow:
In addition to reporting the regular Chapters 39, 73, 76, 84, 85, 86, 87 and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.17 (Articles the product of China, as provided for in U.S. note 20(v) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported mer-chandise subject to the exclusion.
Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.17 is submitted.
ADDITIONAL INFORMATION
Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of August 23, 2018 (83 FR 40823). To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, im-porters 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 importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, they should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS in ACE).
Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.
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For ease of reference, a summary of Section 301 actions are provided below:
Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements should be emailed to Traderem-edy@cbp.dhs.gov
Related Messages: #38840764, 19-000332- 19-000244, 19-000212, 19-000155,
19-000052, 38840764, 39169565, 39268267, #39981444, #39985407.
The functionality for the acceptance of the eleventh round of products of China
excluded from Section 301 duties will be available in the Automated Commercial
Environment (ACE) as of September 29, 2019.
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, routine ACE maintenance and problems which have been
resolved may not be included below.
Date CSMS # and Title
09-02-19 CSMS #39620511 - Local Closure for Port 1701 (Brunswick) and 1703 (Savan-
nah) beginning at noon on Monday, September 2, 2019
09-03-19
CSMS #39633923 - UPDATE: Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum
CSMS #39633022 - Harmonized System Update 1915 created on September 3, 2019
09-04-19
CSMS #39648463 - Local Closure for the Port of Charleston, S.C. for September 4-5, 2019
CSMS #39653322 - Cutover Plan for ACE Collections Release One Deployment on September 7, 2019
CSMS #39655813 - AE CATAIR (Rev. 59) now posted under Chapters Tab
CSMS #39656752 - Local Closure for the Port of Wilmington N.C. for September 5-6, 2019
CSMS #39656885 - Local Closure for the Port of Morehead City N.C. for Sep-tember 5-6, 2019
09-05-19
CSMS #39665345 - REMINDER: FTZ Admissions – zone merchandise status change requests
CSMS #39535937 - Reminder – Changes to CSMS Messaging
CSMS #39671213 - Local Closure for Port 1401 (Norfolk-Newport News) on September 6, 2019
CSMS #39671320 - Retiring the Old Liquidation Bulletin URL
CSMS #39670719 - Section 321: Entry Type 86 Information Notice Posted
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Date CSMS # and Title
CSMS #39672485 - UPDATE: Request for CSMS to Advise Trade of Closure
09-06-19
CSMS #39686631 - Updated ACE Cargo Release Condition Codes available on cbp.gov
CSMS #39687290 - Local Closure for the Port of Wilmington N.C. for September 6-8, 2019
CSMS #39687246 - Update: Port of Charleston, S.C. is Open and Resumed Regular Business Operations
CSMS #39688656 - Local Port Closure in Morehead City, N.C. September 6-8, 2019
Intermittent Delays with A1 Messaging
09-09-19
CSMS #39723080 - ACE PRODUCTION Deployment, Tuesday 9/10/2019 @ 0500ET
CSMS #39723510 - Delays in AE Processing
CSMS #39725842 - UPDATE: Delays in AE Processing
CSMS #39726619 - UPDATE: ACE Entry Summary processing is now Current
09-10-19
CSMS #39737807 - Delays in ACE Entry Summary (AE) Processing
CSMS #39739858 - UPDATE: ACE Entry Summary processing is now Current
CSMS #39740350 - REMINDER: Collections Release 1 Deployed on September 07, 2019
09-11-19
CSMS #39751905 - Trade Policy Update: Drawback Claim Dates & Mandatory DIS Uploads
CSMS #39754738 - ACE CERTIFICATION deployment, Thurs Sept 12, 2019 @0600ET
09-13-19
CSMS #39785981 - FDA Launches FEI Portal
CSMS #39789141 - Updated Collections Release One Information Notice Posted to CBP.gov
CSMS #39789921 - RESOLVED: Delays processing large ACE Entry Summary (AE) messages
09-15-19 FDA Network Connection Problems
RESOLVED: FDA Network Connection Problems
09-16-19
CSMS #39826108 - Updated ACE CATAIR CQ IG now posted on CBP.GOV
CSMS #39826606 - Drawback: Limited Modification Application Approvals for Rulings Under 1313(b)
09-17-19
CSMS #39837172 - FDA ITACS (Import Trade Auxiliary Communications Sys-tem) planned maintenance 7:00am Saturday, 09/21/2019 to 2:00am Sunday, 09/22/2019
CSMS #39837900 - Additional ACE Reports Virtual Office Hours Sessions
CSMS #39843121 - Updated Draft AE CATAIR (Rev 60) posted on CBP.gov
09-19-19 CSMS #39876520 - Local Port Closure for Port Arthur on September 19, 2019
CSMS #39878787 - Uruguay Beef Export Certificate Warning Message
09-20-19
CSMS #39889223 - CORRECTION: Republic of South Korea Steel Export Cer-tificate Warning Message
CSMS #39891377 - Deferred Taxes Bills for Craft Beverage Modernization Act (CBMA)
CSMS #39894153 - REMINDER: Section 321: Entry Type 86 Deployment Date Set for September 28, 2019
09-23-19 CSMS #39930859 - Intermittent Delays in ACE Entry Summary Responses
09-24-19
CSMS #39946971 - Food and Drug Administration (FDA) End-dating and Adding Center for Food Safety and Applied Nutrition (CFSAN) Prod-uct Codes
CSMS #39949037 - Port Downtime – Port Arthur, TX - Port 2101 – September 20, 2019
CSMS #39949263 - Local Port Downtime for San Juan Field Office on Septem-ber 24, 2019
Update: CSMS #39949263 - Local Port Downtime for San Juan Field Office on September 24, 2019
09-25-19 CSMS #39965456 - October 2019 Customs Broker License Examination – Ex-
tension of Site Selection Scheduling
09-26-19 CSMS #39977745 - Updated Draft AE CATAIR and ACE CATAIR Error Diction-
ary now posted on CBP.GOV
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Date CSMS # and Title
CSMS #39977995 - Update for ACE Collections Release 1 - PZ Output
CSMS #39981444 - GUIDANCE: Ninth Round of Products Excluded from Sec-tion 301 Duties (Tranche 3) and Application of Duties for Certain Set Provisions in Tranche 3 and Tranche 4 Annex A
CSMS #39985407 - GUIDANCE: Tenth Round of Products Excluded from Sec-tion 301 Duties
09-27-19
CSMS #39997241 - Eleventh Round of Products Excluded from Section 301 Du-ties (Tranche 2)
CSMS #40001360 - CORRECTED: Eleventh Round of Products Excluded from Section 301 Duties (Tranche 2)
CSMS #40003027 - CORRECTED: Ninth Round of Products Excluded from Sec-tion 301 Duties (Tranche 3) and Application of Duties for Certain Set Provisions in Tranche 3 and Tranche 4 Annex A
CSMS #40002982 - CORRECTED GUIDANCE: Tenth Round of Products Ex-cluded from Section 301 Duties
09-29-19
Intermittent ACE issues
Intermittent ACE issues
ACE operational
Foreign Trade Zones
The following documents were published in the Federal Register by the Foreign-
Trade Zones Board:
F.R. Date Document
09-05-19
Foreign-Trade Zone 168—Dallas/ Fort Worth, Texas; Notification of Proposed Production Activity; Gulfstream Aerospace Corporation (Disassembly of Air-craft), Dallas, Texas [B–52–2019]
Foreign-Trade Zone 84—Harris County, Texas; Authorization of Production Ac-tivity; Coreworks, LLC; (Brazed Aluminum Heat Exchangers and Cryogenic Equipment); Katy, Texas [B–32–2019]
Foreign-Trade Zone 20—Norfolk, Virginia; Authorization of Production Activity STIHL, Incorporated (Outdoor Power Equipment), Virginia Beach, Virginia [B–30–2019]
Foreign-Trade Zone 29-Louisville, Kentucky; Authorization of Production Activ-ity; LLFlex, LLC; (Aluminum and Steel Cable Wraps); Louisville, Kentucky [B–34–2019]
09-09-19
Approval of Subzone Status; HP International Trading B.V. (Puerto Rico Branch), LLC Aguadilla, Puerto Rico [S-107-2019]
Foreign-Trade Zone 29 – Louisville, Kentucky; Authorization of Production Ac-tivity; Hitachi Automotive Systems Americas, Inc. (Automotive Components) Harrodsburg and Berea, Kentucky [B-33-2019]
Foreign-Trade Zone 185 – Front Royal, Virginia; Authorization of Production Activity Merck & Co., Inc. (Pharmaceuticals) Elkton, Virginia [B-35-2019]
Foreign-Trade Zone (FTZ) 78 – Nashville, Tennessee; Notification of Proposed Production Activity; Lasko Products, LLC (Small Consumer Appliances – Fans, Heaters, Humidifiers) Franklin, Tennessee [B-54-2019]
Approval of Subzone Status Puerto Rico Wood Treating Industries, Inc. Caro-lina, Puerto Rico [S-108-2019]
09-10-19 Foreign-Trade Zone 26 – Atlanta, Georgia; Notification of Proposed Production Activity; Patterson Pump Company (Specialty Pumps), Toccoa, Georgia [B-53-2019]
09-20-19 Approval of Subzone Expansion, Abbott Laboratories, Elk Grove Village, Illinois [B-149-2019]
09-23-19
Foreign-Trade Zone 265—Conroe, Texas; Application for Expansion [B–55–2019]
Foreign-Trade Zone 281—Miami, Florida; Notification of Proposed Production Activity; South Florida Lumber Company; (Steel Frames); Medley, Florida [B–56–2019]
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F.R. Date Document
Foreign-Trade Zone 145-Shreveport, Louisiana; Notification of Proposed Pro-duction Activity; Benteler Steel/Tube Manufacturing Corp.; (Seamless Quality Steel Tubes); Shreveport, Louisiana [B–57–2019]
Foreign-Trade Zone 26—Atlanta, Georgia; Application for Subzone Patterson Pump Company Toccoa, Georgia [S–183–2019]
09-24-19 Foreign-Trade Zone 7— Mayaguez, Puerto Rico; Authorization of Production Activity; Bristol-Myers Squibb Holdings Pharma, Ltd.; (Pharmaceuticals); Man-ati, Puerto Rico [B–36–2019]
09-25-19
Foreign-Trade Zone 43—Battle Creek, Michigan; Notification of Proposed Pro-duction Activity; DENSO Manufacturing Michigan, Inc. (Automotive HVAC and Engine Cooling Products), Battle Creek, Michigan [B–59–2019]
Foreign-Trade Zone 29—Louisville, Kentucky; Application for Subzone Expan-sion; Hitachi Automotive Systems America, Inc., Harrodsburg, Kentucky [S–186–2019]
Foreign-Trade Zone 61—San Juan, Puerto Rico, Application for Subzone, Pue-blo, Inc., Guaynabo, Puerto Rico [S–185–2019]
Foreign-Trade Zone 262—Southaven, Mississippi; Application for Reorganiza-tion Under Alternative Site Framework [B–58–2019]
09-27-19
Foreign-Trade Zone 158 – Vicksburg, Mississippi; Application for Subzone; United Furniture Industries, Inc. Nettleton and Amory (Monroe County), Missis-sippi [S-191-2019]
Foreign-Trade Zone 230 – Piedmont Triad Area, North Carolina; Authorization of Production Activity; MVP International Group, Inc. (Candles, Reed Diffusers, Wax Melts) Elkin and Boonville, North Carolina [B-37-2019]
State issues draft guidance for the export of items with surveillance capacities
On September 4, 2019, the US Department of State published draft Guidance for
the Export of Hardware, Software and Technology with Surveillance Capabilities
and/or parts/know-how (the “Guidance”) to provide insight to exporters of items
with surveillance capacities on human rights concerns to consider prior to export
of such items. The State Department is soliciting feedback on the Guidance until
October 4, 2019 for its consideration for the final version of the Guidance to be
published at a later date (yet to be specified).
According to the Department of State, the Guidance is not intended to be com-
prehensive or mandatory and is not meant to address any requirements under
export control laws. Rather, it seeks to assist exporters of items with surveillance
capacities with implementation of the UN Guiding Principles on Business and Hu-
man Rights as well as the OECD guidelines for Multinational Enterprises to pre-
vent and eliminate the misuse of such items in violations or abuses of human
rights, with a particular concern for the right to privacy.
The Guidance encourages exporters of “items with intended or unintended sur-
veillance capacities” to integrate human rights due diligence into their export con-
trol compliance programs and provides suggestions for how to do so as well as
detailed due diligence considerations, examples of red flags, and other practice-
ready advice on how to conduct effective human rights due diligence.
The term “items with intended or unintended surveillance capacities” is defined
broadly in the Guidance to include “hardware, software, technology, technical as-
sistance, services, and/or parts/know-how that is marketed for or can be used for
the monitoring, interception, collection, preservation and/or retention of infor-
mation that has been communicated, relayed or generated over communications
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networks to a recipient or group of recipients.” Examples of items with surveil-
lance capabilities, include, but are not limited to: spyware; crypto-analysis prod-
ucts; penetration-testing tools; information technology products with deep packet
inspection functions; specialized computer vision chips; non-cooperative location
tracking (i.e., products that can be used for ongoing tracking of individuals’ loca-
tions without their knowledge and consent); cell site simulators (Stingrays); auto-
matic license plate readers; body-worn cameras; drones and unmanned aerial
vehicles; facial recognition software; thermal imaging systems; rapid DNA test-
ing; automated biometric systems; social media analytics software; gait analysis
software; network protocols surveillance systems; and devices that record audio
and video and can remotely transmit or can be remotely accessed.
For additional information, please contact one of the authors, Iris Zhang, Lise S.
Test and Kerry B. Contini, or any member of the US Outbound Trade group with
whom you normally work.
AES country code updated
On September 11, 2019, the Census Bureau sent out an email advising AES us-
ers that the Country Code shown below has been updated in the AES, effective
immediately.
Country Name Old ISO Country Code New ISO Country Code
Burma (Myanmar) BU MM
The full list of AES ISO Country Codes may be found in CBP Automated Export
System Trade Interface Requirements ISO Country Codes September 9, 2019.
BIS issues Huawei-related FAQs
On September 9, 2019, the Bureau of Industry and Security (BIS) published two
Frequently Asked Question (FAQ) documents (available here and here) on the
Huawei Entity List and Temporary General License (TGL) and the Huawei TGL
Extension (the amended TGL issued on August 21, 2019 is available here). See
our blog post on the extension of the Huawei TGL here.
The key clarifications made by BIS in the two sets of FAQs include the following:
Huawei Entity List and TGL FAQs
Application of Savings Clause to Designated Huawei Entities. BIS clarified that shipments of items subject to the Export Administration Regulations (EAR) that were already en route aboard a carrier to a port of export or reexport on the dates the relevant Huawei entities were designated on the Entity List (i.e., May 16, 2019 or August 19, 2019) are authorized, to the extent they were previously eligible for export or reexport to that destination under a License Exception or ex-port or reexport without a license. In other words, shipments pursuant to actual orders placed prior to the relevant Huawei entity’s designation are “grandfa-thered” and not subject to the Entity List restrictions where the shipment was al-ready in process at the time of the designation.
Payments to and from Designated Huawei Entities. BIS confirmed that the listing of an entity on the Entity List does not impose limitations on payments between parties. The Entity List restrictions apply only to the export, reexport, or transfer of items to designated Huawei entities, but do not preclude the entry into con-tracts or other commercial dealings with those entities.
Imports of Huawei Products into the United States. BIS further clarified that im-ports of Huawei goods into the United States, including return of items subject to
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the EAR by designated Huawei entities (e.g., for repair), are not prohibited. How-ever, returning those items back to Huawei (e.g., after they are repaired) would require a BIS license, unless the items are covered by the TGL.
Issuing License to Use Patents to Designated Huawei Entities. Although patents are not by themselves subject to the EAR, if the acquisition of a patent license, whether directly or indirectly, enables a designated Huawei entity to acquire an item subject to the EAR, BIS clarified in the FAQs that a license is necessary.
Continued Operation of Existing Networks and Equipment. BIS issued guidance regarding the scope of the first authorization in the TGL, which authorizes, in rel-evant part, “engagement in transactions necessary to maintain and support exist-ing and currently ‘fully operational networks’ and equipment, including software for bug fixes, security vulnerability patches, and other changes to existing ver-sions of the software, subject to legally binding contracts and agreements exe-cuted between Huawei, or one of its listed non-U.S. affiliates, and ‘third parties’ on or before May 16, 2019.” BIS clarified that this authorization includes support to operators (e.g., debugging, configuration, and other activities to maintain ser-vices); emergency and planned software updates necessary to maintain network operability; in-life upgrades of equipment and components to maintain (but not expand) capacity; and in-life replacements of defective hardware. Activities or equipment that increase or enhance the functionality of the network beyond its current capabilities or end-of-life replacement are not within the scope of this au-thorization. BIS did not clarify, however, whether this authorization covers ex-ports to designated Huawei entities for their own internal use, or whether it is lim-ited to the provision of items subject to the EAR for use by third parties, who may be receiving equipment or services from Huawei designated entities related to the operation of existing networks and equipment.
Huawei TGL Extension FAQs
Services Covered by the Entity List Requirements. Although services are gener-ally not subject to the EAR, BIS acknowledged that the telecommunications in-dustry may use the term to refer to the export or transfer of software or technol-ogy. Because of this common usage, BIS clarified that in any transaction where a US-origin item is exported, reexported, or transferred to Huawei or its affiliates, including in the management of a telecommunications network, the transaction is subject to the EAR and requires a license unless the transaction qualifies for au-thorization under the savings clause or the TGL.
Changes to paragraph (c)(1) of the TGL. BIS clarified that the authorization in paragraph (c)(1) of the TGL only extends to exports, reexports, and transfers that support currently existing and “fully operational networks” and equipment. The August 2019 revisions to the Huawei TGL clarified that end-devices, such as general purpose computing devices, are not part of “fully operational networks” and thus do not fall within the authorization’s scope. Equipment not directly re-lated to a network’s support and maintenance (e.g., general purpose business equipment) is also excluded from the authorization’s scope.
Changes to paragraph (c)(2) of the TGL. The FAQs also summarized the changes made by the August 2019 revisions to the Huawei TGL with respect to the provision of support to existing personal consumer electronic devices. Specif-ically, BIS clarified that “personal consumer electronic devices” under paragraph (c)(2) include personally-owned equipment such as phones, tablets, smart watches, televisions, and other devices. BIS clarified that paragraph (c)(2) of the Huawei TGL also authorizes “customer premises equipment” for export, reexport, or transfer to Huawei. The authorizations in paragraph (c)(2) are limited to per-sonal consumer electronic devices and customer premises equipment that were publicly available on May 16, 2019.
Removal of the authorization paragraph (c)(4) of the Huawei TGL. BIS explained that the authorization in paragraph (c)(4) of the TGL, which authorized engage-ment with designated Huawei affiliates for the development of 5G standards as part of a duly recognized international standards body, was removed based on
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BIS’ finding that previously existing EAR provisions sufficiently address the appli-cation of Entity List-based licensing requirements to activities in connection with standards development bodies.
Clarification of Certification Requirements. The August 2019 revisions to the Huawei TGL continue to require the exporter, reexporter, or transferor to obtain a certification statement from the designated Huawei entity that will receive the items under the Huawei TGL, but such parties are no longer responsible for cre-ating the certification statements. The FAQs clarify that a new certification state-ment is not required for each shipment made pursuant to the TGL; rather, one certification statement may be used for multiple exports, reexports, or transfers of the same items under the Huawei TGL, so long as the information provided is ac-curate for all shipments. Additionally, if multiple exports, reexports, or transfers are made against the same certification statement, a log or similar record must be maintained that identifies each item and the quantity thereof made against the certification statement.
If you have any questions, please contact one of the authors: Janet K. Kim,
Inessa Owens and Ryan Poitras, or any member of the US Outbound Trade
group with whom you normally work.
BIS publishes Pakistan Due Diligence Guidance
On August 30, 2019, the BIS published Due Diligence Guidance urging compa-
nies to employ heightened due diligence when exporting to Pakistan (the Paki-
stan Guidance). The Pakistan Guidance specifically focuses on (i) supplemental
licensing requirements applicable for items (e.g. goods, software, or technology)
subject to the Export Administration Regulations (EAR) that may be destined to
nuclear or missile activities, and (ii) best practices for screening customers in Pa-
kistan to prevent diversion of items subject to the EAR to unauthorized end uses
and end users.
BIS published the Pakistan Guidance in an effort to bring attention to compliance
risks related exports/reexports to Pakistan after investigations by the BIS Office
of Export Enforcement “revealed schemes” by Pakistani entities attempting to ac-
quire items subject to the EAR for entities listed on the Entity List. The Pakistan
Guidelines appear to reflect an enforcement focus on Pakistan from BIS, so com-
panies exporting/reexporting items subject to the EAR to Pakistan should take
into account these BIS recommendations to ensure compliance.
Key takeaways from the Pakistan Guidance are found below:
Supplemental Licensing Requirements: BIS reminds companies that the sup-plemental licensing requirements found in EAR Part 744 apply to any item sub-ject to the EAR destined for nuclear or missile end-users or end-uses (e.g., UAVs, nuclear power plants). These end-use-based licensing requirements apply to all items classified as EAR99, as well as items identified on the Commerce Control List that are not normally controlled for export/reexport to Pakistan.
Entity List Focus: BIS stressed that it routinely adds both Pakistani and non-Pa-kistani parties to the Entity List including companies in industries such as engi-neering and commercial services, and that companies should be aware of the scope of prohibitions of Entity List orders since certain entities might not be spe-cifically identified. For example, the Pakistan Guidance says the Entity-List entry for the Pakistan Atomic Energy Commission extends to all Pakistani nuclear re-actors, including power plants (i.e., Karachi Nuclear Power Plant; Chashma Nu-clear Power Plant) not specifically identified on the Entity List.
Due Diligence/Best Practices: In accordance with its “Know Your Customer”
Guidance, BIS advises companies to supplement their screening capabilities with
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extra due diligence to identify and resolve red flags associated with Pakistan-re-lated transactions potentially destined for nuclear- or missile-related activities by:
Heightening due diligence for unknown customers;
Thoroughly assessing the potential dual-use application of products;
Determining the full scope of restrictions under the Entity List for a given party because many times automatic screening products do not provide a full picture of all affected entities; and
Filing true, accurate, and complete Electronic Export Information (“EEI”) for shipments from the United States.
Red Flags: The Pakistan Guidance highlights the following red flags parties should keep in mind when conducting due diligence for Pakistan related transac-tions:
A new customer places an unexpected and/or high-value order for sophisti-cated equipment.
The customer is a reseller or distributor, in which case a company should in-quire about the end user.
The customer has no website or social media and is not listed in online busi-ness directories.
The customer’s address is similar to an entity identified on the Consolidated Screening List, or the address indicates the customer is located close to end users of concern, including co-located with an entity identified on the Entity List.
Customer places an order ex works and makes all shipping arrangements through a freight forwarding service, in which case BIS recommends that parties request that the freight forwarder provide a copy of the EEI filing for shipments from the United States, to ensure the information is accurate.
We expect BIS will use the Pakistan Guidance to measure the adequacy of com-
panies’ due diligence and compliance policies in EAR enforcement matters re-
lated to Pakistan.
For additional information, please contact one of the authors: Nicholas F. Cow-
ard, Alexandre (Alex) Lamy or Andrea Tovar, or any member of the US Out-
bound Trade group with whom you normally work.
US Government designates Iran’s National Development Fund and Etemad Tejarat Pars Co. and imposes additional sanctions on Iran’s Central Bank
On September 20, 2019, in response to recent attacks on certain Saudi Arabian
oil facilities, the US Treasury Department’s Office of Foreign Assets Control
(OFAC) took action pursuant to Executive Order 13224 against three Iranian enti-
ties: (i) the National Development Fund of Iran (NDF) (ii) Etemad Tejarat Pars
Co., and (iii) the Central Bank of Iran (CBI). Executive Order 13224 authorizes
the designation of parties if, among other things, they attempt to commit, or pose
a significant risk of committing, acts of terrorism.
Specifically, OFAC designated NDF, Iran’s sovereign wealth fund, and Etemad
Tejarat Pars Co., an Iran-based company, as Specially Designated Nationals
(“SDNs”). According to OFAC’s press release, NDF was designated for provid-
ing financial support to Iran’s Islamic Revolutionary Guard Corps (“IRGC”). The
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IRGC is currently designated as an SDN under numerous US sanctions pro-
grams. Also according to the press release, Etemad Tejarat Pars Co. was desig-
nated for its role in concealing financial transfers for military purchases by Iran’s
Ministry of Defense and Armed Forces Logistics, including funds originating from
the NDF. US Persons (i.e., US companies and their branches, US banks, US cit-
izens and permanent resident aliens, any person physically located in the United
States) and non-US entities owned or controlled by US Persons are now prohib-
ited from dealing directly or indirectly with these newly-designated SDNs. Fur-
ther, non-US Persons dealing with these SDNs could become the target of US
secondary sanctions, even for transactions that occur wholly outside of US juris-
diction (e.g., no US Persons, no US-dollar payments).
OFAC imposed new sanctions on the CBI also pursuant to Executive Order
13224 for having materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to, the IRGC, the Qods Force,
and Hizballah. Although the CBI was already an SDN and non-US Persons al-
ready risked the imposition of secondary sanctions for engaging in certain trans-
actions involving the CBI, this additional designation increases the secondary
sanctions risk exposure for transactions involving the CBI, making the CBI an
even more sensitive SDN from a secondary sanctions standpoint. Notably, in ad-
dition to the availability of other legal bases for the imposition of secondary sanc-
tions, any non-US banks dealing with the CBI in connection with humanitarian
transactions could be subject to secondary sanctions for such activities, which,
until now, had otherwise been carved out from existing secondary sanctions au-
thorities applicable to the CBI.
The additional sanctions imposed on the CBI for terrorism-related reasons may
impact the extent of dealings by US Persons and non-US entities owned or con-
trolled by US Persons with the CBI that will continue to be authorized under the
Iranian Transactions and Sanctions Regulations (“ITSR”) in the context of the
sale and supply of agricultural commodities, medicines, and medical devices to
Iran. Given the multiple roles played by the CBI in the trade of humanitarian
items with Iran, the additional sanction may make it more difficult (whether as a
legal or practical matter) for US and non-US Persons to participate in the sale
and supply of such humanitarian items to Iran.
For additional information, please contact one of the authors: Paul E. Amberg,
Eunkyung Kim Shin or Laura Klick, or any member of the US Outbound Trade
group with whom you normally work.
Trump Administration expands counter terrorism sanctions author-ity and designates 28 persons as Specially Designated Global Ter-rorists
On September 9, 2019, the President issued Executive Order 13886 (“EO
13886”), expanding the US counter-terrorism sanctions program by amending
Executive Order 13224 (“EO 13224”), which dates to the aftermath of the 9/11
terrorist attacks. The US Treasury Department’s Office of Foreign Assets Control
(OFAC) designated 28 individuals and entities as Specially Designated Global
Terrorists (“SDGTs”) under this new authority and updated various other entries
on the Specially Designated Nationals and Blocked Persons List to reflect sanc-
tion of those authorities under the same authority. In addition, as described in
statements here and here, the State Department implemented the new authority
by designating Hurras al-Din, an al-Qaeda-affiliated group in Syria, and 12 lead-
ers of SDGT groups (all of which were designated by OFAC on the same day).
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The amendments to EO 13224 provide additional authorities for designation of
non-US entities and individuals as SDGTs if, among other conduct, they:
attempt to commit acts of terrorism,
participate in training to commit such acts,
are leaders of designated terrorist organizations, or
own or control an SDGT.
EO 13224 also now authorizes correspondent account or payable-through ac-
count sanctions against non-US financial institution determined to have know-
ingly conducted or facilitated any significant transactions on behalf of an SDGT.
This amendment has the effect of expanding OFAC’s authority to impose corre-
spondent account and payable-through account sanctions on non-US financial
institutions to reach involvement in transactions relating to a potentially much
wider range of terrorism-related activities and dealings with SDGTs. Prior corre-
spondent account and payable-through account sanctions administered by
OFAC were limited to transactions involving terrorism-related activities with a
nexus to a specific country or entity, or involving non terrorism-related activities
such as the Iranian Financial Sanctions Regulations, Hizballah Financial Sanc-
tions Regulations, and the North Korea Sanctions Regulations.
For additional information, please contact one of the authors: Daniel Andreeff, Al-
exandre (Alex) Lamy or Terence Gilroy, or any member of the US Outbound
Trade group with whom you normally work.
OFAC eliminates “U-Turn” financial transactions and restricts remit-tances to Cuba
On September 6, 2019, the US Treasury Department’s Office of Foreign Assets
Control (OFAC) announced that it is amending the Cuban Assets Control Regu-
lations (CACR) to further financially isolate the Cuban government and imple-
ment President Trump’s June 2017 National Security Presidential Memorandum
(NSPM) Strengthening the Policy of the United States Towards Cuba (the “CACR
Amendment”). The CACR Amendment (1) removes the authorization for banks
subject to US jurisdiction to process pass-through or “U-turn” transactions, and
(2) eliminates or restricts certain types of remittances to Cuba. The CACR
Amendment was published in the Federal Register on September 9, 2019, and
will take effect on October 9, 2019.
OFAC also published Frequently Asked Questions and a Fact Sheet on the
CACR Amendment.
“U-Turn” Transactions
OFAC revised the “U-turn” general license provided in 31 CFR § 515.584(d).
Since March 2016, the general license has authorized banking institutions sub-
ject to US jurisdiction to process “U-turn” transactions, i.e., Cuba-related funds
transfers (typically in US dollars) from one non-US bank to another non-US bank
where neither the originator nor beneficiary is a person subject to US jurisdiction.
Under the CACR Amendment, banks subject to US jurisdiction may no longer
process “U-turn” transactions. However, they are authorized to reject such trans-
actions and are not required to block them.
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Remittances
Further, OFAC restricted certain remittances to Cuba as summarized below:
1. Family remittances (31 CFR §515.570(a)): OFAC amended this general license by putting a cap of $1,000 per consecutive three-month period as the maximum amount one remitter can send to one Cuban national as a family remittance. Fur-ther, OFAC excluded as authorized recipients of family remittances the close rel-atives of (1) prohibited officials of the Government of Cuba and (2) prohibited members of the Cuban Communist Party.
2. Remittances to certain individuals and independent non-governmental organiza-tions in Cuba (31 CFR §515.570(g)): OFAC amended this general license by
adding authorization for unlimited remittances to certain additional self-employed individuals. OFAC added a definition of a qualifying “self-employed individual” in 31 CFR §515.340.
3. Donative remittances (31 CFR §515.570(b)): OFAC removed the general license
authorizing persons subject to US jurisdiction to make certain donative remit-tances to Cuban nationals.
If you have any questions, please contact one of the authors: Bart M. McMillan,
Eunkyung Kim Shin and Callie Lefevre , or any member of the US Outbound
Trade group with whom you normally work.
OFAC issues Russia-Related Directive pursuant to Executive Order 13883
On September 16, 2019, OFAC published in the Federal Register a document
notifying the public that OFAC issued a Russia-Related Directive under Execu-
tive Order 13883 of August 1, 2019. The Directive provides that that the following
activities by a US bank, as defined in the Federal Register document, including
foreign branches, are prohibited, except to the extent provided by law or unless
licensed or otherwise authorized by OFAC: (1) Participation in the primary market
for non-ruble denominated bonds issued by the Russian sovereign, as defined in
the Federal Register document, after August 26, 2019; and (2) lending non-ruble
denominated funds to the Russian sovereign, as defined in the Federal Register
document, after August 26, 2019.
Except to the extent otherwise provided by law or unless licensed or otherwise
authorized by OFAC, the following are also prohibited: (1) Any transaction that
evades or avoids, has the purpose of evading or avoiding, causes a violation of,
or attempts to violate any of the prohibitions contained in the Directive; and (2)
any conspiracy formed to violate any of the prohibitions in the Directive.
OFAC issues new General License authorizing transactions with certain Government of Venezuela individuals
On September 9, 2019, OFAC issued a new Venezuela-related general license
(General License 34) to authorize transactions involving certain Government of
Venezuela-related individuals that would otherwise be prohibited by Executive
Order (“EO”) 13884.
EO 13884 blocks all property of the Government of Venezuela. The “Government
of Venezuela” is defined broadly in EO 13884 to include any person who has
acted or purported to act directly or indirectly for or on behalf of the Government
of Venezuela. Our previous blog post on the issuance of EO 13884 is availa-
ble here. A previous general license authorizing activities that were ordinarily in-
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cident and necessary to the wind-down of operations, contracts or other agree-
ments with the Government of Venezuela in general expired on September 4,
2019.
General License 34 is much narrower in scope and only authorizes all transac-
tions and activities involving certain individuals who (1) meet the definition of the
“Government of Venezuela” (as defined in EO 13884), and (2) are (i) US citizens
or permanent resident aliens of the United States, or (ii) in the United States and
have a valid US immigrant or nonimmigrant visa (other than those who are part
of Venezuela’s mission to the United Nations), or (iii) former employees and con-
tractors of the Government of Venezuela.
General License 34 also authorizes all transactions necessary to unblock prop-
erty or interests in property that were blocked pursuant to EO 13884, including
the return or processing of funds, for the individuals described above. The un-
blocking of property by US persons as described above requires a report to be
filed with OFAC by mail or via email within 10 business days from the date the
property is unblocked.
OFAC also amended its Frequently Asked Question 680 regarding the ability of
US persons to transact with the Government of Venezuela, to reference this new
General License 34.
If you have any questions, please contact one of the authors: Maria Ser-
geyeva, Lise S. Test and Alison J. Stafford Powell, or any member of the US
Outbound Trade group with whom you normally work.
OFAC issues Nicaragua Sanctions Regulations
On September 4, 2019, OFAC published in the Federal Register a final rule add-
ing regulations (31 C.F.R. Part 582 - Nicaragua Sanctions Regulations) to imple-
ment Executive Order 13851 of November 27, 2018 (“Blocking Property of Cer-
tain Persons Contributing to the Situation in Nicaragua”). OFAC intends to sup-
plement these regulations with a more comprehensive set of regulations, which
may include additional interpretive and definitional guidance, general licenses,
and statements of licensing policy.
Restrictive measures and additions to OFAC, State BIS blocking or-ders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing per-
sons (including entities) to/from restrictive measures lists were published in the
Federal Register by the Office of Foreign Assets Control (OFAC) or by the State
Department (State) or the Bureau of Industry and Security (BIS):
F.R. Date Applicable orders
09-04-19 OFAC: Notice of OFAC Sanctions Actions (N) [2 individuals, 2 entities]
OFAC: Notice of OFAC Sanctions Actions (N) [1 individual]
09-05-19
OFAC: Notice of OFAC Sanctions Actions (N) [4 entities]
OFAC: Notice of OFAC Sanctions Actions (N) [4 entities]
OFAC: Notice of OFAC Sanctions Actions (N) [2 individuals, 3 entities, 1 vessel]
09-06-19 OFAC: Notice of OFAC Sanctions Action (N) [1 individual]
09-12-19
OFAC: Notice of OFAC Sanctions Action (N) [5 individuals updated]
STATE: Notice of Department of State Sanctions Actions Pursuant to Executive Order 13846 of August 6, 2018; Correction [Public Notice: 10876] (N/C)
09-16-19 OFAC: Notice of OFAC Sanctions Action (N) [19 individuals, 14 entities]
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F.R. Date Applicable orders
09-17-19 OFAC: Special Designation and Blocking Memorandum [9 individuals, 6 enti-ties]
09-19-19
STATE: Designation of Hatib Hajan Sawadjaan as a Specially Designated Global Terrorist [Public Notice: 10885] (N)
STATE: Designation of Hurras al-Din as a Specially Designated Global Terrorist [Public Notice: 10886] (N)
STATE: Designation of Ibrahim ‘Aqil as a Specially Designated Global Terrorist [Public Notice: 10892] (N)
STATE: Designation of Marwan Issa as a Specially Designated Global Terrorist [Public Notice: 10893] (N)
STATE: Designation of Ali Karaki as a Specially Designated Global Terrorist [Public Notice: 10888] (N)
STATE: Designation of Muhammad Haydar as a Specially Designated Global Terrorist [Public Notice: 10895] (N)
STATE: Designation of Baha' Abu al-'Ata as a Specially Designated Global Ter-rorist [Public Notice: 10889] (N)
STATE: Designation of Hajji Taysir as a Specially Designated Global Terrorist [Public Notice: 10883] (N)
STATE: Designation of Muhammad al-Hindi as a Specially Designated Global Terrorist [Public Notice: 10894] (N)
STATE: Designation of Fu'ad Shukr as a Specially Designated Global Terrorist [Public Notice: 10884] (N)
STATE: Designation of Faruq al-Suri as a Specially Designated Global Terrorist [Public Notice 10890] (N)
STATE: Designation of Abu Abdullah ibn Umar al-Barnawi as a Specially Desig-nated Global Terrorist [Public Notice: 10887] (N)
STATE: Designation of Noor Wali as a Specially Designated Global Terrorist [Public Notice: 10896] (N)
09-26-19 OFAC: Notice of OFAC Sanctions Action (N) [3 entities]
09-27-19 OFAC: Notice of OFAC Sanctions Actions (N) [4 entities, 4 vessels, unblocked 2 entities, 3 vessels and aircraft]
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCE-
MENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOME-
LAND SECURITY; STATE=DEPARTMENT OF STATE.
[Note: Only meetings which occur after scheduled distribution of this Update are listed.]
F.R. Date Subject
09-06-19
OFAC: Proposed Collection; Comment Request for Hizballah Financial Sanc-tions Regulations Report on Closure by U.S. Financial Institutions of Corre-spondent Accounts and Payable Through Accounts [Docket Number OFAC-2019-0004 and OMB Control No. 1505-0255] (N)
09-09-19 STATE: 60-Day Notice of Proposed Information Collection: Shrimp Exporter's/Im-porter's Declaration [Public Notice 10755; DOS-2019-0009; OMB Control No. 1405-0095] (N) [Form: DS–2031]
09-10-19 FINCEN: Renewal without Change of Information Collection Requirements in connection with the Imposition of a Special Measure Concerning North Korea as a Jurisdiction of Primary Money Laundering Concern. (N/RFC)
09-12-19
HOMELAND SECURITY: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Implementation of the REAL ID Act Modification for Freely Associated States Act; Correction (FR/C)
09-16-19 ITA: Announcement of November 2019 Through April 2020 International Trade Administration Trade Missions (N)
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F.R. Date Subject
09-24-19 ITA: Announcement of Upcoming Secretary-Led Business Development Mission to Thailand, Indonesia, and Vietnam, November 3–8, 2019 (N)
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety
Commission (CPSC) documents which may be of interest to importers were pub-
lished Federal Register during the past month:
F.R. Date Subject
09-06-19 CPSC: Revisions to Safety Standard for Infant Bouncer Seats [Docket No. CPSC-2015-0028] (FR)
09-20-19 CPSC: Revisions to Safety Standard for Infant Bath Seats [Docket No. CPSC–2009–0064] (FR)
09-24-19 CPSC: Amendment to Requirements for Consumer Registration of Durable In-fant or Toddler Products [Docket No. CPSC–2018–0018] (FR)
FDA Federal Register documents
The FDA has posted the following Federal Register guides, notices or documents
which may be of interest to international traders:
F.R. Date Subject
09-09-19 Electronic Submissions; Data Standards; Support for Unified Code for Units of Measure [Docket No. FDA–2019–N–3840] (N)
09-10-19
International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; APINACA; AB-FUBINACA; 5F-AMB; 5F-MDMB-PICA; 4-F-MDMB-BINACA; 4-CMC; N-ethylhexedrone; alpha-PHP; DOC; Cro-tonyl Fentanyl; Valeryl Fentanyl; Flualprazolam; Etizolam; and 8 Additional Preparations Listed in Schedule III of the 1961 Single Convention on Narcotic Drugs; Request for Comments [Docket No. FDA-2019-N-3968] (N/RFC)
09-17-19 Reconditioning of Fish and Fishery Products by Segregation: Guidance for In-dustry; Draft Guidance: Availability [Docket No. FDA–2019–D–3324] (N)
09-23-19 The Accreditation Scheme for Conformity Assessment Pilot Program; Draft Guidance for Industry, Accreditation Bodies, Testing Laboratories, and Food and Drug Administration Staff; Availability [Docket No. FDA–2019–D–3805] (N)
09-26-19 International Council for Harmonisation of Technical Requirements for Pharma-ceuticals for Human Use Global Meeting on E8(R1) Guideline on General Con-siderations for Clinical Trials [Docket No. FDA-2019-N-3935] (N/H)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS)
and other US Department of Agriculture (USDA) agencies issued the following
Federal Register notices during the past month which may be of interest to inter-
national traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Ser-
vice, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Ser-
vice]:
F.R. Date Subject
09-03-19
US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Food Hygiene (N/H/RFC) [09-26-19]
US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Fresh Fruits and Vegetables (N/H/RFC) [09-12-19]
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F.R. Date Subject
09-19-19 APHIS: Notification of Decision To Authorize the Importation of Fresh Cape Gooseberry Fruit From Ecuador to the Continental United States [Docket No. APHIS–2016–0009] (FR)
09-23-19
AMS: Voluntary Grading of Meats, Prepared Meats, Meat Products, Shell Eggs, Poultry Products, and Rabbit Products [Doc. #AMS–LP–18–0095] (FR)
APHIS: Import Requirements for the Importation of Fresh Unshu Oranges From Japan Into the United States [Docket No. APHIS–2019–0054] (N)
APHIS: Addition of the Democratic People’s Republic of Korea to the List of Re-gions Affected With African Swine Fever [Docket No. APHIS–2019–0047] (N)
APHIS: Import Requirements for the Importation of Fresh Sand Pears From Ja-pan Into the United States [Docket No. APHIS–2019–0057] (N)
APHIS: Addition of Hong Kong to the List of Regions Affected With African Swine Fever [Docket No. APHIS–2019–0052] (N)
APHIS: Addition of Laos to the List of Regions Affected With African Swine Fe-ver [Docket No. APHIS–2019–0051] (N)
09-24-19 U.S. CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Committee on Nutrition and Foods for Special Dietary Uses (N/H/RFC) [Novem-ber 1, 2019]
09-25-19 AMS: Official United States Standards for Grain [Doc No. AMS–FGIS–19–0033] (N)
CITA sets new 12 month cap on duty- and quota- free benefits
On September 19, 2019, the Committee for the Implementation of Textile Agree-
ments (CITA) published in the Federal Register a document announcing the new
12 month cap on duty- and quota- free imports of apparel articles assembled in
beneficiary Sub-Saharan African countries from regional and third country fabric.
For the one-year period, beginning on October 1, 2019, and extending through
September 30, 2020, the aggregate quantity of imports eligible for preferential
treatment under these provisions is 2,146,573,294 square meters equivalent. Of
this amount, 1,073,286,647 square meters equivalent is available to apparel arti-
cles imported under the special rule for lesser-developed countries. Apparel arti-
cles entered in excess of these quantities will be subject to otherwise applicable
tariffs.
Government procurement: Australia added as WTO GPA country in the FAR.
On September 10, 2019, the Department of Defense (DoD), General Services
Administration (GSA), and National Aeronautics and Space Administration
(NASA) published in the Federal Register a final rule [FAC 2019-06; FAR Case
2019-011; Item IV; Docket No. FAR 2019-0011; Sequence No. 1] amending the
Federal Acquisition Regulation (FAR) to add Australia as a World Trade Organi-
zation Government Procurement Agreement (WTO GPA) country. It applies to
acquisitions over the WTO GPA threshold, as well as to acquisitions for commer-
cial items and COTS items. Australia is already a designated country because it
is a Free Trade Agreement Country.
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
09-04-19 ENERGY: Energy Conservation Program: Test Procedures for Cooking Products [EERE-2018-BT-TP-0004} (N/E)
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F.R. Date Subject
09-05-19
ENERGY: Energy Conservation Program: Energy Conservation Standards for General Service Incandescent Lamps [EERE–2019–BT–STD–0022] (P Deter-mination/RFC)
ENERGY: Energy Conservation Program: Definition for General Service Lamps (FR/W)
09-09-19
EPA: Abamectin; Pesticide Tolerances [EPA-HQ-OPP-2018-0143; FRL-9998-21] (FR)
EPA: Alcohols, C2-33, Manuf. of By-products from, Overheads; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2018-0203; FRL-9998-48] (FR)
EPA: C10-C16 Alkylbenzene Sulfonates; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2018-0070; FRL-9998-57] (FR)
EXPORT- IMPORT BANK: Review of Proposed Guidelines for Assessing Addition-ality Related to Providing EXIM’s Support for Medium and Long Term Export Transactions [Document Number: 2019–6019] (RFC)
09-11-19 ENERGY: Energy Conservation Standards for Computer Room Air Conditioners and Dedicated Outdoor Air Systems [EERE–2017–BT–STD–0017] (N/RFI)
09-12-19
DRUG ENFORCEMENT ADMINISTRATION (DEA): Proposed Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpro-panolamine for 2020 [Docket No. DEA-508P] (N/RFC)
EPA: Pyraflufen-ethyl; Pesticide Tolerances [EPA-HQ-OPP-2018-0514; FRL-9998-98] (FR)
09-13-19
DEPARTMENT OF DEFENSE (DoD): Defense Federal Acquisition Regulation Sup-plement: Modification of DFARS Clause ‘‘Trade Agreements’’ (DFARS Case 2019–D016) [Docket DARS–2019–0055] (FR)
DEA: Designation of Benzylfentanyl and 4- Anilinopiperidine, Precursor Chemi-cals Used in the Illicit Manufacture of Fentanyl, as List I Chemicals [Docket No. DEA–497] (PR)
09-17-19
DEA: Control of the Immediate Precursor Norfentanyl Used in the Illicit Manu-facture of Fentanyl as a Schedule II Controlled Substance [Docket No. DEA-496] (PR)
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standard No. 141, Minimum Sound Requirements for Hybrid and Electric Vehicles [[Docket No. NHTSA-2019-0085] (PR)
SMALL BUSINESS ADMINISTRATION (SBA): Export Express, Export Working Capi-tal, and International Trade Loan Programs [RIN 3245-AG95] (ANPR)
09-19-19 EPA: Spinosad; Pesticide Tolerances [EPA–HQ–OPP–2018–0525; FRL–9995–90] (FR)
09-20-19
DoD, NASA, GSA: Federal Acquisition Regulation: Tax on Certain Foreign Pro-curement [FAR Case 2016–013; Docket No. FAR– 2016–0013, Sequence No. 1] (PR)
DoD, NASA, GSA: Federal Acquisition Regulation: Taxes—Foreign Contracts in Afghanistan [FAR Case 2018–023; Docket No. FAR– 2018–0023, Sequence No. 1] (PR)
EPA: Dinotefuran; Pesticide Tolerances [EPA–HQ–OPP–2018–0424; FRL–9994–82] (FR)
09-24-19 ENERGY: Energy Conservation Program: Energy Conservation Standards for General Service Incandescent Lamps; Correction [EERE–2019–BT–STD–0022] (N/C)
09-26-19
EPA: Cyclaniliprole; Pesticide Tolerances [EPA-HQ-OPP-2018-0194; FRL-9998-87] (N)
EPA: Florpyrauxifen-benzyl; Exemption from the Requirement of a Tolerance
[EPA-HQ-OPP-2018-0645; FRL-9998-67] (FR)
09-27-19
MILLENNIUM CHALLENGE CORPORATION (MCC): Report on Countries that are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2020 and Countries that would be Candidates but for Legal Prohibitions [MCC FR 19–06] (N)
MCC: Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance for Fiscal Year 2020 [MCC FR 19–07] (N)
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F.R. Date Subject
EPA: 2-Phenoxyethanol; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2017-0651; FRL-9996-66] (FR)
EPA and NHTSA: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program [NHTSA-2018-0067; EPA-HQ-OAR-2018-0283; FRL 10000-45-OAR] (Withdrawal of waiver; FR)
NHTSA: Federal Motor Vehicle Safety Standards; Occupant Crash Protection [Docket No. NHTSA-2019-0093] (ANPR)
09-30-19
ENERGY: Energy Conservation Program: Test Procedure for Ceiling Fans [EERE–2013–BT–TP–0050] (PR/RFC)
ENERGY: Energy Conservation Program: Energy Conservation Standards for Unfired Hot Water Storage Tanks [EERE–2017–BT–STD–0021] (RFC/RO)
Commerce publishes notice of scope rulings
On September 25, 2019, the International Trade Administration, Department of
Commerce published in the Federal Register a list of scope rulings and anticir-
cumvention determinations made between October 1, 2018, and December 31,
2018, inclusive. Commerce intends to publish future lists after the close of the
next calendar quarter. The list follows:
Countries ITA Case № and Merchandise
SCOPE RULINGS
CHINA
A–570–967 and C–570–968: Aluminum Extrusions From China
A–570–814: Carbon Steel Butt-Weld Pipe Fittings From China (2)
A–570–881: Certain Malleable Cast Iron Pipe Fittings From China (2)
A–570–910 and C–570–911: Circular Welded Carbon Quality Steel Pipe From China
A–570–900: Diamond Sawblades and Parts Thereof From China
A–570–033: Large Residential Washers From China
A–570–875: Non-Malleable Cast Iron Pipe Fittings From China
A–570–826: Paper Clips From China
A–570–890: Wooden Bedroom Furniture From China
ANTI-CIRCUMVENTION DETERMINATIONS
CHINA A–570–928: Uncovered Innersprings From China
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
The Americas - South America
ARGENTINA
Boletin Oficial publications
The following Decrees, Administrative Decisions and Resolutions (Res.) which
may be of interest to international traders were published in the Boletin Oficial de
la Republica Argentina (Official Gazette) or the Customs Bulletin during the pe-
riod covered by this Update [Unofficial translation].
BO Date Subject
03-09-19 FEDERAL ADMINISTRATIOIN OF PUBLIC REVENUES (AFIP): General Resolution 4570/2019 [RESOG-2019-4570-E-AFIP-AFIP] – (02-09-19) Import.
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BO Date Subject
Merchandise Identification Regime. Resolution No. 2,522 / 87 (ANA), its amendments and complementary. Modification
AFIP: General Resolution 4571/2019 - RESOG-2019-4571-E-AFIP-AFIP – (02-09-19) Goods with counterfeit trademarks or pirated copies.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
BRAZIL
Customs facilitates rules for registration of importers and exporters
Brazilian Customs made a positive (and very welcome!) step towards the simplifi-
cation process to grant the registration and identification number to businesses
wishing to import to or export from Brazil.
What is RADAR
Since decades, businesses wishing to trade in Brazil require an authorization
from Customs Authorities, referred to as “RADAR.” It is through RADAR that Bra-
zilian Customs keeps track of statistics and the security profile of importers and
exporters, which is in line with the compliance programs being implemented all
over the world (Authorized Economic Operator, C-TPAT, etc.). RADAR grants
access to the electronic portal of Customs (SISCOMEX) through which customs
declarations are filed.
RADAR is comparable to the EORI number in the European Union (EU) and the
Importer Number in the United States of America (USA). The process and re-
quirements to get a RADAR assigned in Brazil, however, have been far away
from comparison to those in the EU or USA.
A long road of amendments
The legislation in Brazil governing the RADAR rules was amended multiple
times. The last major update came into force in 2012, when three modalities of
RADAR were implemented: (i) express, (ii) limited and (iii) unlimited modalities.
To get one or the other type of authorization assigned is dependent on the finan-
cial capability of the business to perform import (and export) transactions, the re-
lated amount of those transactions and intended volume.
In the past, there was a lot of paperwork - and to a certain extent bureaucracy -
involved in the application process. Some businesses were even required to pre-
sent - in addition to all regular documents - the bank statement to prove the fi-
nancial capability of the Company in order to get the unlimited authorization.
A new legislation came into force in 2015 and with that the paperwork for the ap-
plication process reduced quite significantly. The application process itself, how-
ever, remained the same: requests had to be filed in person by the legal repre-
sentative or someone empowered to do so. The processing of the applications by
Brazilian Customs (RFB) could take weeks or even months. As a result, RADAR
was quite often named as one of the most critical steps that could jeopardize the
start-up of businesses in Brazil.
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Facilitation through “Portal Habilita”
No more paperwork. Online applications have been implemented through “Portal
Habilita,” launched at the end of July by Brazilian Customs.
A 3-step-process which includes accessing the website with the digital certificate,
completing the application and submitting the form for analysis now suffices. De-
pending on the modality applied, the authorization can be granted instantly. For
the unlimited modality (which is the one needed for Companies importing in value
more than USD 150k per semester), the timeline for analysis by Brazilian Cus-
toms is expected to be reduced to 10 days. It is further expected that only in ex-
ceptional cases will the applicant be required to appear at the Brazilian Customs
Office in person.
Next steps
Brazil is taking major steps towards customs and trade facilitation and simplifica-
tion, which is supported by its accession process to the Revised Kyoto Conven-
tion of the World Customs Organization (“the blueprint for modern and efficient
Customs procedures in the 21st century”). “Portal Habilita” is a small piece of
that. For 2020 a new software based on cutting-edge technology and single-win-
dow principles is planned to be launched to manage the customs environment.
Doing business in Brazil is expected to become more attractive - at least from a
Customs perspective.
Author: Fernanda Maria Barcellos Herrmann
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
DHA notices and advices
The following Australian Border Force Customs Notices and Cargo advices
(ACCA) were issued during the period covered by this Update:
Date Series and № Title
27-08-19 ACN 2019-33 Amendments to Schedule 4 to the Customs Tariff Act 1995
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
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
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CHINA (INCLUDING HONG KONG SAR)
China releases first list of exclusions from retaliatory tariffs
On September 11, 2019, the Customs Tariff Commission issued Announcement
[2019] № 6 containing two lists of products excluded from the increased tariffs on
certain US products. For products listed on List 1, no retaliatory tariffs will be im-
posed for one year (from September 17, 2019 to September 16, 2020). Refunds
will be issued for tariffs already collected provided that the enterprise applies to
Customs within six months from the date of publication of the exclusion list. For
List 2 products, tariffs will be not be added from September 17, 2019 to Septem-
ber 16, 2010 but refunds of past payments will not be available. The lists are only
in the Chinese language with tariff subheadings:
List 1 - Exclusions
List 2 - Exclusions
Antidumping and Countervailing Duty Cases
Please see next month for China Antidumping, Countervailing Duty and Safe-
guards Investigations, Orders & Reviews section
Hong Kong Trade and Industry Department (TID) notices (dd-mm-yy)
Date Matter
13-09-19
Notice to Exporters Circular 11/2019 ASEAN - Hong Kong, China Free Trade Agreement (AHKFTA) Exporting Goods Originating in Hong Kong to ASEAN - Parts relating to Hong Kong and Laos, Malaysia, Myanmar, Singapore, Thailand and Viet Nam under the AHKFTA enter into force
17-09-19
Notice to Exporters Circular 12/2019 - Mainland and Hong Kong Closer Eco-nomic Partnership Arrangement (CEPA) Agreement on Trade in Goods (The Agreement) - Request for Revisions to CEPA Rules of Origin (ROOs) (Arrangements for Making Requests in 2019)
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
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:
Date Series and № Subject
CBIC NON-TARIFF NOTIFICATIONS
13-09-19
64/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver
65/2019-Cus (NT) Place in District Sonepat added as Inland Container Depot for unloading of imported goods and loading of export goods
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Date Series and № Subject
30-09-19
67/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver
68/2019-Cus (NT) The Transhipment of Cargo to Nepal under Electronic Cargo Tracking System Regulations, 2019 notified
CBIC TARIFF NOTIFICATIONS
02-09-19 28/2019-Cus
Amends notification exempting Gold, Platinum and Silver imported as replenishment under scheme for export through exhibitions/ export promotion tours/ export of branded jewellery or for export against supply for nomi-nated agencies
04-09-19 29/2019-Cus
Increases Customs Duty by 5% for 180 days on imports of Refined Bleached Deodorized Palmolein/ Palm Oil originat-ing in Malaysia and imported under the India Malaysia Comprehensive Economic Cooperation Agreement
17-09-19 30/2019-Cus
Reduces Basic Custom Duty (BCD) on Open Cell (15.6” and above) for use in manufacture of Liquid Crystal Display (LCD) and Light Emitting Diode (LED) TV panels and cer-tain goods for use in manufacture of Open Cell of LCD and LED TV Panels
24-09-19 31/2019-Cus
Exempts goods required in connection with petroleum op-erations or coal bed methane operations undertaken under specified contracts of the Hydrocarbon Exploration Licens-ing Policy (HELP) or Open Acreage Licensing Policy (OALP)
30-09-19
32/2019-Cus
Exempts goods imported into India by Food and Agricul-tural Organisation of the United Nations (FAO) for specified projects from Integrated Goods and Services Tax (IGST) subject to specified conditions w.e.f. 1 October, 2019
33/2019-Cus Extends exemption provided to the Light Combat Aircraft Programme of the Ministry of Defence until 3 December, 2021
34/2019-Cus Amends notification to give effect to recommendations of the Goods and Services Tax Council in its 37th meeting dated 20 September, 2019 w.e.f. 1 October, 2019
35/2019-Cus
Exempts specified defence goods from Integrated Goods and Services Tax (IGST) to give effect to recommendations of the Goods and Services Tax Council in its 37th meeting dated 20 September, 2019 w.e.f. 1 October, 2019
CBIC CIRCULARS
03-09-19
27/2019-Cus Roll out of Project Import Module developed on Indian Cus-tom Electronic Data Interchange (EDI) System [ICES] to overcome difficulties in manual processing
28/2019-Cus Clarifies putting of mono-cartons on Bottled in Origin alco-holic beverages in both Public and Private bonded ware-houses
05-09-19 29/2019-Cus Clarifies eligibility criteria for availing benefit of Direct Port Delivery (DPD) Scheme by importers
11-09-19 30/2019-Cus Clarifies disposal of seized / confiscated foreign origin liq-uor
13-09-19 31/2019-Cus
Clarifies revised norms for execution of bank guarantee un-der Advance Authorisation, Duty Free Import Authorisation (DFIA) and Export Promotion Capital Goods (EPCG) Schemes
20-09-19 32/2019-Cus Clarifies disposal of confiscated Unmanned Aircraft System (UAS)/ Unmanned Aerial Vehicle (UAVs)/Remotely Piloted Aircraft (RPAS)/ Drones
19-09-19 33/2019-Cus Clarifies duty drawback allowed in case of short realisation of export proceeds due to bank charges deducted by for-eign banks
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Date Series and № Subject
DGFT NOTIFICATIONS
02-09-19 16/2015-2020 Amends Para 4.34 of the Foreign Trade Policy providing for Advance Procurement/ Replenishment of precious metals from nominated agencies
05-09-19
17/2015-2020
Import policy of Iron and Steel falling under Chapter 72, 73 and 86 of the ITC (HS) revised from Free to Free subject to compulsory registration under Steel Import Monitoring Sys-tem (SIMS)
18/2015-2020 Import policy of Chlorotrifluoroethene (CTFE) revised from Restricted to Free
13-09-19 19/2015-2020 Export of all varieties of onion to be allowed only on Letter of Credit subject to minimum Export Price (MEP) of US$ 850 FOB per metric ton till further orders
26-09-19 20/2015-2020 Prohibits import of Electronic Cigarettes and parts or com-ponents thereof
29-09-19 21/2015-2020 Export policy of Onion revised from Free to Prohibited
30-09-19 22/2015-2020 Prohibits export of Electronic Cigarettes and parts or com-ponents thereof
DGFT PUBLIC NOTICES
03-09-19 29/2015-2020 Notifies allocation of preferential export of Sugar to USA under Tariff Rate Quota for the year 2019-20
04-09-19 30/2015-2020 Notifies Standard Input Output Norms (SION) for export product Cocoa Butter
06-09-19 31/2015-2020
Correction made in Appendix 3B, Table 2 which provides for list of products with reward rates under Merchandise Export from India Scheme (MEIS) to align with ITC HS Code for Carpets and Floor Coverings of Coir. Further, MEIS Entry removed from list of items for which description matching is required by the Regional Authorities while pro-cessing MEIS applications
13-09-19
32/2015-2020 Enlistment of Association for issuing Certificate of Origin (Non-Preferential)
33/2015-2020
Procedure for import of Vanaspati, Bakery Shortening and Margarine, Pepper and Desiccated Coconut under Tariff Rate Quota under Indo-Sri Lanka Free Trade Agreement amended
25-09-19 34/2015-2020 Extends period of installation and operationalisation of Ra-diation Portal Monitors and Container Scanner in desig-nated ports upto 31 December, 2019
26-09-19 35/2015-2020 Disallows issuance of Advance Authorisation where export item is Gold Medallions and Coins or any jewellery / articles manufactured by fully mechanised process
27-09-19
36/2015-2020 Procedure for repair / replacement of SCOMET items amended
37/2015-2020 Validity of Pre-shipment Inspection Agencies (PSIAs) ex-tended upto 31 December, 2019
30-09-19 38/2015-2020 Form ANF-7(A) A, i.e. application for claim of Transport and Marketing Assistance (TMA) for specified agriculture products, amended
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
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INDONESIA
Indonesia enacts ban on the export of nickel
Indonesia has announced that it would ban exports of nickel from the country
from 1 January 2020 next year. The ban, under Energy and Mineral Resources
Minister Regulation No. 5 of 2017 as amended by No. 28 of 2017 on Increase of
Mineral Value Added through Processing and Refining Activities in Domestic
(“Regulation 5”), brings forward an earlier planned measure that was only to be
implemented in 2022. This export ban will apply to all different types of nickel, ra-
ther than just nickel ore with certain percentages. The Energy and Mineral Re-
sources Ministry, in charge of mineral and coal in Indonesia, has told reporters
that the ban was for the purposes of expediting the smelter building in Indonesia.
The amendment to bring forward the ban has been signed by Energy and Min-
eral Resources Minister Ignasius Jonan. It is expected to be cleared by the Minis-
try of Law and Human Rights before being fully implemented.
Indonesia generally does not impose export controls on dual-use goods, and is
not a member to the Wassenaar Arrangement. However, it does regulate the ex-
port of certain specified products, whereby varying degrees of regulation are ap-
plied (for e.g. restricted and prohibited exports). For example, export of bauxite
can only be done by company that has a specific license (i.e., the bauxite pro-
duction operation business license) with certain value content (≥ 42%) and cer-
tain amounts under Regulation 5, provided that the company already has or has
been establishing a refining smelter. Other prohibited exports of mining products
currently include tin ore and concentrates, arsenic ash and residue, and metals
or other compounds that contain tin or precious stones. Certain restrictions are
also applied on exports of iron scraps and residue, stainless steel, copper, brass,
and aluminum.
Authors: Riza Buditomo and Nandina Kusumaningrum.
NEW ZEALAND
New Zealand Gazette
The following international trade related documents were published in the New
Zealand Gazette (dd-mm-yy):
Date Matter
05-08-19 Tariff Concession Approval Notice 34 2019
Tariff Concession Advertisement Notice 34 2019
12-08-19 Tariff Concession Approval Notice 35 2019
Tariff Concession Advertisement Notice 35 2019
16-08-19 Tariff Concession Approval Notice 36 2019
Tariff Concession Advertisement Notice 36 2019
26-08-19 Tariff Concession Approval Notice 37 2019
Tariff Concession Advertisement Notice 37 2019
29-08-19 Tariff Concession Approval Notice 38 2019
06-09-19 Tariff Concession Approval Notice 39 2019
Tariff Concession Advertisement Notice 39 2019
13-09-19 Tariff Concession Approval Notice 40 2019
Tariff Concession Advertisement Notice 40 2019
20-09-19 Tariff Concession Advertisement Notice 41 2019
27-09-19 Tariff Concession Advertisement Notice 42 2019
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VIETNAM
Amendments to Customs Valuation of Software
On 30 August 2019, the Ministry of Finance issued Circular No. 60/2019/TT-BTC
(Circular No. 60), which will come into effect on 15 October 2019, amending a
number of provisions under Circular No. 39/2015/TT-BTC (Circular No. 39) on
customs valuation. Noteworthy amendments include:
1. Details for customs valuation and cost allocation for exported goods
While the principle for determining the customs value of exported goods remains
unchanged, Circular No. 60 sets forth details for customs valuation methods that
will be applied to the following hierarchy:
Selling price at the export border gate
Selling price of identical or similar goods in customs database
Selling price of identical or similar goods sold in the Vietnamese market
Reference price.
Circular No. 60 also provides guidelines for allocating costs in connection with
the exportation process in order to harmonize the customs valuation with differ-
ent delivery terms, in this case the customs value is determined by the selling
price at the export border gate.
2. Change in customs valuation of software
Circular No. 60 provides for customs valuation for imported equipment having op-
erating system software and imported carrier media having application software.
The customs value of imported equipment having operating system software in-
cludes transaction values of equipment and operating system software. The rule
remains the same even if the operating system software is imported before or af-
ter the importation of the equipment. If the operating system software is recorded
on carrier media and the value of carrier media can be separated, the customs
value of the operating system software does not include the value of carrier me-
dia. Circular No. 60, however, is silent on the customs value of standalone im-
ported carrier media bearing operating system software.
For application software on carrier media, the principle remains unchanged,
which means application software is duty and tax-free provided that the commer-
cial invoice separates the value of the application software from the value of the
carrier media.
3. Customs valuation of borrowed goods
Circular No. 60 supplements the customs valuation for borrowed goods, which
was not provided under Circular No. 39. Particularly, the customs value of bor-
rowed goods is all the costs and expenses that a borrower pays to deliver the
goods to the first import border gate. The customs authority reserves the right to
re-determine the customs value if there is sufficient evidence to prove that the
declared value is not appropriate.
For additional information, please contact the author: Thanh Vinh Nguyen.
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
Washington, D.C. +1 202 452 7088 stuart.seidel@bakermckenzie.com
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.
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Europe, Middle East and North Africa
European Union and EFTA
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
No amendments to the Explanatory Notes to the Combined Nomenclature of the
European Union were published in the Official Journal during the period covered
by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) 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
03-09-19 Commission Implementing Regulation (EU) 2019/1382 of 2 September 2019 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures
04-09-19
Commission Implementing Decision (EU) 2019/1385 of 3 September 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 6432)
06-09-19
Corrigendum to Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 ( OJ L 186, 11.7.2019 )
10-09-19
Commission Implementing Decision (EU) 2019/1392 of 9 September 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 6507)
11-09-19
Commission Implementing Regulation (EU) 2019/1394 of 10 September 2019 amending and correcting Implementing Regulation (EU) 2015/2447 as regards certain rules on surveillance for release for free circulation and exit from the cus-toms territory of the Union
Commission Implementing Regulation (EU) 2019/1395 of 10 September 2019 amending Annex I to Regulation (EC) No 798/2008 as regards the entries for
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OJ Date Subject
Bosnia and Herzegovina and Israel and the name of the Republic of North Mac-edonia in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into and transit through the Union and amending the model veterinary certificate for egg products
17-09-19 Council Decision (CFSP) 2019/1560 of 16 September 2019 amending Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment
18-09-19
Commission Regulation (EU) 2019/1561 of 17 September 2019 amending An-nexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chlormequat in cultivated fungi
Commission Implementing Decision (EU) 2019/1562 of 16 September 2019 amending Decisions 2007/305/EC, 2007/306/EC and 2007/307/EC as regards the tolerance period for traces of Ms1×Rf1 (ACS-BNØØ4-7×ACS-BNØØ1-4) hy-brid oilseed rape, Ms1×Rf2 (ACS-BNØØ4-7×ACS-BNØØ2-5) hybrid oilseed rape and Topas 19/2 (ACS-BNØØ7-1) oilseed rape, as well as their derived products (notified under document C(2019) 6524)
19-09-19 Notice concerning the entry into force of the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade
20-09-19
Council Decision (EU) 2019/1569 of 16 September 2019 on the position to be taken, on behalf of the European Union, within the Joint Committee on Agricul-ture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, as regards the amendment of Annexes 1 and 2 to the Agreement
24-09-19
Council Decision (EU) 2019/1578 of 20 September 2019 on the position to be adopted on behalf of the European Union within the Committee on Trade and Sustainable Development established by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the Panel of Experts referred to in Article 13.15 of the Agreement
25-09-19
Corrigendum to Council Directive (EU) 2017/2455 of 5 December 2017 amend-ing Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods (OJ L 348, 29.12.2017)
26-09-19
Commission Regulation (EU) 2019/1582 of 25 September 2019 amending An-nexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for imazalil in or on certain products
26-09-19
Commission Regulation (EU) 2019/1390 of 31 July 2019 amending, for the pur-pose of its adaptation to technical progress, the Annex to Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Text with EEA relevance)
27-09-19
Commission Implementing Regulation (EU) 2019/1587 of 24 September 2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
Commission Implementing Regulation (EU) 2019/1589 of 26 September 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances amidosulfuron, beta-cyfluthrin, bifenox, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, del-tamethrin, dicamba, difenoconazole, diflubenzuron, diflufenican, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, picloram, prosulfocarb, pyriproxyfen, thiophanate-methyl, triflusulfuron and tritosulfuron
Commission Implementing Decision (EU) 2019/1598 of 26 September 2019 amending Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith) (notified under document C(2019) 6818)
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OJ Date Subject
Decision No 1/2019 of the EU-Ukraine Association Council of 8 July 2019 as re-gards the amendment of Annex XXVII to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part [2019/1599]
Decision No 2/2019 of the Joint Committee under the Agreement between the European Union and Japan for an Economic Partnership of 26 August 2019 on the establishment of the list of individuals who are willing and able to serve as arbitrators [2019/1600]
30-09-19
Commission Delegated Regulation (EU) 2019/1602 of 23 April 2019 supple-menting Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying con-signments of animals and goods to their destination
Commission Implementing Regulation (EU) 2019/1605 of 27 September 2019 approving the low-risk active substance Bacillus subtilis strain IAB/BS03, in ac-cordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Implementing Regulation (EU) 2019/1606 of 27 September 2019 concerning the non-renewal of the approval of the active substance methiocarb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Implementing Decision (EU) 2019/1617 of 27 September 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 7044)
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date Restrictive Measure
11-09-19
Corrigendum to Council Implementing Regulation (EU) 2019/798 of 17 May 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 132, 20.5.2019)
Corrigendum to Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria ( OJ L 132, 20.5.2019 )
13-09-19
Council Implementing Regulation (EU) 2019/1403 of 12 September 2019 imple-menting Regulation (EU) No 269/2014 concerning restrictive measures in re-spect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Decision (CFSP) 2019/1405 of 12 September 2019 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermin-ing or threatening the territorial integrity, sovereignty and independence of Ukraine
23-09-19
Council Implementing Regulation (EU) 2019/1574 of 20 September 2019 imple-menting Article 17(3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
Council Implementing Decision (CFSP) 2019/1576 of 20 September 2019 imple-menting Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
27-09-19 Council Implementing Regulation (EU) 2019/1586 of 26 September 2019 imple-menting Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela
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OJ Date Restrictive Measure
Council Decision (CFSP) 2019/1596 of 26 September 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
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
05-09-19 2019/64 - Notice to importers of certain steel products subject to safeguard measures
23-09-19 2019/65 – Notice to importers of ammonium nitrate originating in Russia
26-09-19
2019/66 – Notice to importers of cables and wires from the PR of China
2019/67 – Notice to importers of peroxosulphates (persulphates) originating in the PR of China
SWITZERLAND
Federal Council opens consultations on amending the Embargo Act
On 27 September 2019, the Federal Council announced the opening of consulta-
tion proceedings on amendments to the Embargo Act. The changes are intended
to ensure that the ban on imports of firearms, weapon components, ammunition
and other goods from Russia and Ukraine can continue. In addition, the Federal
Council will no longer have to rely on provisions of the Federal Constitution in or-
der to deal with similar cases. According to the announcement:
The Ordinance on Measures to Prevent the Circumvention of International Sanctions in connection with the Situation in Ukraine (SR 946.231.176.72) prohibits the import from Russia and Ukraine for military purposes of firearms, weapon components and ammunition, as well as explosives, pyrotechnic articles and gunpowder. The import ban was ordered for a period of four years in 2015 on the basis of Article 184 para-graph 3 of the Federal Constitution. On 26 June this year, the Federal Council de-cided to extend the ban by a further four years. At the same time, it instructed the EAER [Federal Department of Economic Affairs, Education and Research] to draw up a new legal basis for the content of the Ordinance. Consultation proceedings will con-clude on 1 November 2019.
No change in Swiss policy
The new provisions in the Embargo Act should enable the Federal Council to apply existing compulsory measures wholly or in part to other countries if this is necessary to safeguard Switzerland’s interests. Until now, this process has had to be based on the Federal Constitution. Recourse to Article 184 paragraph 3 of the Federal Constitu-tion, which has proven problematic because of the time limit that this constitutional provision requires, should in future become unnecessary thanks to the proposed amendment to the Embargo Act. The new provisions will not lead to any substantive changes in Swiss policy on international economic sanctions.
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Implementation of sanctions
Since 1 January 2003, the Embargo Act has been the legal basis for the implementa-tion of sanction measures taken by Switzerland. It allows the federal government to take compulsory measures to enforce sanctions that have been authorised by the United Nations, the Organization for Security and Cooperation in Europe, or by Swit-zerland’s main trading partners, and which serve to ensure compliance with interna-tional law, and in particular respect for human rights. Measures that go beyond the sanctions imposed by the UN or important trading partners may not be adopted on the basis of the Embargo Act, but must instead be based on the Federal Constitution.
Recueil officiel
Date Measure
10-09-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)
13-09-19
Ordinance of the DFI regulating the import, transit and export of animals and an-imal products with third countries (OITE-PT-DFI) (RS 916.443.106)
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)
17-09-19 Ordinance of the FSVO instituting measures to prevent the introduction in Swit-zerland of the small hive beetle from Italy (RS 916.443.105.3)
20-09-19 FSIV Ordinance instituting measures to prevent the introduction of avian influ-enza present in certain Member States of the European Union (RS 916.443.102.1)
24-09-19
Ordinance of the FDF on goods benefiting from customs concessions according to their use (Ordinance on Customs relief, OADou) (RS 631.012)
Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)
Exchange of Notes of 29 June 2018/13 August 2019 amending the Agreement of 10 March 1965 between the Swiss Federal Council and the Government of the French Republic concerning the demarcation and maintenance of the fron-tier (RS 0.132.349.41)
Restrictive measures established, amended, corrected
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
09-09-19 Amendment to the order of 14 March 2014 imposing measures against the Cen-tral African Republic (RS 946.231.123.6) [Entry into force: 06-09-19]
24-09-19 Ordinance blocking assets in the context of Ukraine (O-Ukraine) (RS 196.127.67)
UNITED KINGDOM
UK Supreme Court unanimously decides that proroguing Parlia-ment before Brexit was unlawful
On 24 September 2019, the UK Supreme Court, in a unanimous judgment, held
that he advice given by the Prime Minister to Her Majesty the Queen on 27th or
28th August, that Parliament should be prorogued from a date between 9th and
12th September until 14th October, was unlawful. In a landmark case, the court
held that it had the authority to review whether the Prime Minister’s advice to Her
Majesty was lawful. It also held that a decision to prorogue (or advise the mon-
arch to prorogue) will be unlawful if the prorogation has the effect of frustrating or
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preventing, without reasonable justification, the ability of Parliament to carry out
its constitutional functions as a legislature and as the body responsible for the su-
pervision of the executive. In judging any justification which might be put forward,
the court said it must of course be sensitive to the responsibilities and experience
of the Prime Minister and proceed with appropriate caution. If the prorogation
does have that effect, without reasonable justification, the court said there is no
need for it to consider whether the Prime Minister’s motive or purpose was un-
lawful. The court said that this prorogation did have the effect of frustrating or
preventing the ability of Parliament to carry out its constitutional functions without
reasonable justification.
This Court concluded that the Prime Minister’s advice to Her Majesty was unlaw-
ful, void and of no effect. This means that the Order in Council to which it led was
also unlawful, void and of no effect and should be quashed. This means that
when the Royal Commissioners walked into the House of Lords it was as if they
walked in with a blank sheet of paper. The prorogation was also void and of no
effect. Parliament has not been prorogued. Final the court said:
It is for Parliament, and in particular the Speaker and the Lord Speaker to decide what to do next. Unless there is some Parliamentary rule of which we are unaware, they can take immediate steps to enable each House to meet as soon as possible.
[R (on the application of Miller) (Appellant) v The Prime Minister (Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland) On appeals from: [2019] EWHC 2381 (QB) and [2019] CSIH 49]
Parliament passes Bill to request a Brexit extension without a deal
On 4 September 2019, the House of Commons passed a Bill (327 in favor to 299
against) that requires the Prime Minister, Boris Johnson, to seek an extension
from the EU if he cannot obtain a withdrawal agreement by 19 October. The ex-
tension would effectively preclude a “no-deal” Brexit and ensure continuity. The
House of Lords passed the Bill on a voice vote on 6 September 2019, after de-
feating an amendment (283-28) that would have delayed the Bill’s effective date
until after an election were held. The Bill is expected to receive Royal Assent and
become law early this week..
OFSI publish new links to the consolidated list
The Office of Financial Sanctions Implementation (OFSI) have published new
links to the consolidated list, the system it uses to publish the details of individu-
als and entities subject to financial sanctions. The current pages that contain the
consolidated list will be removed.
In addition to the usual list which includes details of individuals and entities sub-
ject to financial sanctions, the consolidated list now includes a new search func-
tion. This will enable users to quickly and easily search the consolidated list to
find asset freeze targets based on any of the identifying information from their
listing.
The search tool can also use fuzzy logic to help provide direct and/or indirect re-
sults. This means the search can return results even where search terms are in-
correctly spelt.
It is important that any bookmarks to the old pages are now updated to the
new pages below:
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List of asset-freeze targets
CSV: https://ofsistorage.blob.core.windows.net/publishlive/ConList.csv
HTML: https://ofsistorage.blob.core.windows.net/publishlive/ConList.html
PDF: https://ofsistorage.blob.core.windows.net/publishlive/ConList.pdf
TXT: https://ofsistorage.blob.core.windows.net/publishlive/ConList.txt
XLS: https://ofsistorage.blob.core.windows.net/publishlive/ConList.xls
XSLX: https://ofsistorage.blob.core.windows.net/publishlive/ConList.xlsx
XML: https://ofsistorage.blob.core.windows.net/publishlive/ConList.xml
List of targets subject to restrictions on financial markets and services
CSV: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.csv
HTML: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.html
PDF: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.pdf
TXT: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.txt
XLS: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.xls
XLSX: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.xlsx
XML: https://ofsistorage.blob.core.windows.net/publishlive/InvBan.xml
Note on .xls format
Please note that the .xls format will be retired in the coming months and sub-
scribers should arrange to change to the .xlsx version. OFSI will inform subscrib-
ers when this will take place, in advance of the change.
If you have any questions, please contact the authors: Ross L. Denton and
Sunny Mann.``
Legislation (legislation.gov.uk)
Date Measure
04-09-19 SI 2019/1211 - The Weights and Measures Act 1985 (Amendment) and Units of Measurement Regulations 1986 (Amendment) Regulations 2019
05-09-19
SI 2019/1215 - The Customs and Excise (Miscellaneous Provisions and Amend-ments) (EU Exit) Regulations 2019
SI 2019/1216 - The Excise Duties (Miscellaneous Amendments) (EU Exit) (No. 4) Regulations 2019
SI 2019/1218 - The Food Information (Amendment) (England) Regulations 2019
SI 2019/1219 - The Customs Safety and Security Procedures (EU Exit) (No. 2) Regulations 2019
SI 2019/1229 - The Animal Health and Genetically Modified Organisms (Amend-ment) (EU Exit) Regulations 2019
06-09-19
SI 2019/1212 - The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019
SI 2019/1220 - The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019
SI 2019/1225 - The Trade in Animals and Animal Products (Legislative Func-tions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019
09-09-19
SI 2019/1246 - The Product Safety, Metrology and Mutual Recognition Agree-ment (Amendment) (EU Exit) Regulations 2019
SI 2019/1247 - The Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019
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Date Measure
10-09-19 2019 c. 26 - European Union (Withdrawal) (No. 2) Act 2019
12-09-19
SI 2019/1253 - The Ecodesign for Energy-Related Products and Energy Infor-mation (Amendment) Regulations 2019
SSI 2019/285 - The Food Information, Labelling and Standards (EU Exit) (Scot-land) (Amendment) Regulations 2019
SSI 2019/288 - The Animal Health and Welfare and Official Controls (Animals, Feed and Food) (EU Exit) (Scotland) (Amendment) Regulations 2019
SSI 2019/289 - The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
SSI 2019/290 - The Plant Health (Scotland) Amendment Order 2019
26-09-19
SI 2019/1282 - The Customs (Import Duty) (EU Exit) Regulations 2018 and the Customs (Export) (EU Exit) Regulations 2019 (Appointed Day) (EU Exit) Regula-tions 2019
SI 2019/1280 - The Plant Health (Wales) (Amendment) (No. 3) Order 2019 / Gorchymyn Iechyd Planhigion (Cymru) (Diwygio) (Rhif. 3) 2019
30-09-19 SI 2019/1281 - The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 / Rheoliadau Cyfraith yr UE a Ddargedwir (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019
Restrictive measures established, amended, corrected
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
09-09-19 SI 2019/1236 - The Export Control (Sanctions) (Amendment) Order 2019
HMRC updates
The following Public Notices, Customs Information Papers (CIPs) were issued by
HM Revenue & Customs:
Release Date
Ref. No. and Subject
Tariff, Anti-Dumping and Other Notices
03-09-19
Imports of bicycles (Anti-Dumping Duty AD2354)
Investigation about sweetcorn produced by River Kwai International Food Indus-try Co. Ltd (Anti-Dumping Duty AD2355)
05-09-19 Anti-circumvention investigation on iron or steel fasteners (Anti-Dumping Duty AD2353)
09-09-19 Commodity codes changes (Tariff stop press notice 32)
13-09-19 Amending regulations that impose anti-dumping or countervailing duties on steel (Anti-Dumping Duty AD2356)
16-09-19 Other camping goods (Tariff notice 32)
18-09-19 Glass fibre fabrics, originating in the People’s Republic of China and Egypt (Anti-Dumping Duty 2357)
26-09-19 Changes to commodity codes in Appendix 5A (Tariff stop press notice 33)
27-09-19
Changes to document codes in appendix C11 (Tariff stop press notice 34)
Commodity codes changes (Tariff stop press notice 35)
Peroxosulphates originating in the People’s Republic of China (Anti-Dumping Duty 2358)
ECJU Notices to Exporters and DIT documents
The following Export Control Joint Unit (ECJU) Notices to Exporters and other
Department for International Trade (DIT) documents were issued:
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Date Notice No. and Subct
06-09-19 Export control training bulletin: September to December 2019
13-09-19
Notice to exporters 2019/14: 3 open general licences updated
open general export licence (dual-use Items: Hong Kong Special Ad-ministrative Region)
open general transhipment licence (dual-use goods: Hong Kong Spe-cial Administrative Region)
open general trade control licence (category C goods)
16-09-19 Letter from the Department for International Trade to the Committees on Arms Export Controls
24-09-19 Export controls: dual-use items, software and technology, goods for torture and radioactive sources
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
ICELAND
27-09-19 № 745/2019 Regulation (12-08-19) on due diligence for anti-money laundering and terrorist financing operations
02-09-19 № 760/2019 Regulation (02-09-19) on (6) an amendment to Regulation no. 1132/2018 on the allocation of tariff quotas for imports of agricultural products in accordance with Annexes IVA and IVB to the Customs Act.
11-09-19
№ 784/2019 Regulation (23-08-19) on (4) an amendment to Regulation no. 477/2017 on organic production and labeling of organic products.
№ 785/2019 Regulation (23-08-19) on (4) an amendment to Regulation no. 481/2017 on the entry into force of Commission Regulation (EC) No. 1235/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 834/2007 as regards the arrangements for the import of organic products from third countries.
№ 786/2019 Regulation (23-09-19) on (8) an amendment to Regulation no. 135/2010 on the entry into force of Commission Regulation (EC) No. 2073/2005 on microbiological criteria for food, as amended.
№ 787/2019 Regulation (23-08-19) on (11) an amendment to Regulation no. 187/2015 on flavoring and certain food ingredients that have flavoring properties for use in and on foods.
№ 788/2019 Regulation (23-08-19) on (15) an amendment to Regulation no. 167/2015 on pharmacologically active substances and their classification as re-gards maximum residue levels in food of animal origin.
№ 789/2019 Regulation (23-08-19) on (94) an amendment to Regulation no. 340/2001 on feed control.
№ 790/2019 Regulation (04-09-19) on (3) an amendment to Regulation no. 808/2014 imposing special conditions for imports of certain feed and food from certain third countries due to the risk of pollution caused by aflatoxins.
№ 791/2019 Regulation (04-09-19) on (15) an amendment to Regulation no. 835/2010 on the entry into force of Commission Regulation (EC) No. Council Regulation (EC) No 669/2009 on the implementation of Regulation (EC) No. 882/2004 as regards increased official controls on imports of certain non-animal feed and foodstuffs
16-09-19 № 817/2019 Regulation (02-09-19) on (17) an amendment to Regulation no. 878/2014 on biocidal products
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Date* Measure
№ 820/2019 Regulation (04-08-19) on (8) an amendment to Regulation no. 907/2014 on the entry into force of Commission Regulation (EU) No. 206/2010 on lists of third countries, territories or parts thereof, from which the importation of certain animals and new meat into the European Union is authorized, and re-quirements for animal health and veterinary certification
IRELAND (EIRE)
13-09-19 S.I. No. 454/2019 - Control of Exports (Dual Use Items) (Amendment) Order 2019
S.I. No. 455/2019 - European Communities (Control of Trade in Goods that May Be Used for Torture) Regulations 2019
LIECHTENSTEIN
06-09-19 LGBI № 2019.221 Announcement of 3 September 2019 amending the Conven-tion on International Trade in Endangered Species of Wild Fauna and Flora (LR № 0453)
LUXEMBOURG
10-09-19
A597: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg.
A598: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg.
A599: Implementation of new European telecommunications standards applica-ble in the Grand Duchy of Luxembourg.
17-09-19 A608: Grand-Ducal Regulation of 29 August 2019 amending the amended Grand-Ducal Regulation of 9 January 2006 laying down protection measures against the introduction and spread of pests of plants or plant products.
NORWAY
09-09-19 FOR-2019-09-09-1112 Ministry of Agriculture and Food Regulations on changes in regulations on African swine fever and regulations on import of meat, etc. from third countries
13-09-19
FOR-2019-09-13-1120 Ministry of Finance Shared entry into force of Act 20 De-cember 2018 No. 107 on amendments to the Customs Act and shared entry into force of Act 20 December 2018 No. 110 on amendments to the Tax Administra-tion Act
26-09-19 FOR-2019-09-25-1224 Ministry of Agriculture and Food - Regulations on changes in regulations on production subsidies and agricultural subsidies
30-09-19 FOR-2019-09-27-1269 Ministry of Health and Care Services - Regulations on amendments to regulations on limit values for residues in animal foods
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established,
amended or corrected and published in the national official journals or agency
websites during the period covered by this Update. [This is a partial listing, unoffi-
cial translations.] *The date shown may be the signature date, release date or
publication date, depending on local practice.
Date* Restrictive Measure
ICELAND
11-09-19
№ 795/2019 Regulation (08-08-19) on coercive measures against cyber attacks
№ 796/2019 Regulation (06-08-19) amending the Regulation on Coercive Measures in light of the situation in Libya no. 887/2015, with subsequent amend-ments
16-09-19 № 815/2019 Regulation (06-08-19) on the repeal of regulations on coercive measures concerning the Republic of Maldives, № 590/2019
IRELAND (EIRE)
13-09-19 S.I. No. 449/2019 - European Union (Restrictive Measures Concerning Zimba-bwe) Regulations 2019.
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Date* Restrictive Measure
S.I. No. 450/2019 - European Union (Restrictive Measures Concerning Syria) (No. 2) Regulations 2019
S.I. No. 451/2019 - European Union (Restrictive Measures Concerning Iran) Regulations 2019
S.I. No. 452/2019 - European Union (Restrictive Measures Concerning Iran) (No. 2) Regulations 2019
S.I. No. 453/2019 - European Union (Restrictive Measures Concerning Central African Republic) Regulations 2019
S.I. No. 456/2019 - European Union (Restrictive Measures Concerning the Dem-ocratic People’s Republic of Korea) (No. 3) Regulations 2019
27-09-19 S.I. No. 470/2019 - European Union (Freezing and Confiscation of Instrumentali-ties and Proceeds of Crime) Regulations 2019
LIECHTENSTEIN
27-09-19 LGBI № 2019.236 Order of 24 September 2019 amending the Regulation on measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (LR № 946.224.2)
NORWAY
25-09-19 FOR-2019-09-24-1192 Ministry of Finance - Regulations on amendments to reg-ulations on anti-money laundering and terrorist financing measures (incorpora-tion of Regulation (EU) 2016/1675 with subsequent amendments)
Non EU-EFTA European Countries
TURKEY
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resmî Gazete.
Date Subject
03-09-19
Communiqué on Implementation of Surveillance in Imports (No: 2019/4)
Communiqué on Implementation of Surveillance in Imports (No: 2019/5)
Communiqué on Implementation of Surveillance in Imports (No: 2019/6)
07-09-19 Communiqué Amending the General Communiqué on Customs (Customs Transactions) (Serial No: 98) (Customs Transactions) (Serial No: 160)
11-09-19 Turkey Regulation on the Repeal of the Regulation on Determination of Origin of Goods Benefiting from Preferential Regime Unilateral Recognized by Appli-cation
18-09-19
Addendum to the Council of Ministers Decision No 30/9/2013 of 2013/5428 on the freezing of persons, entities or organizations listed in the resolutions 1267 (1999), 1988 (2011) and 1989 (2011) of the United Nations Security Council (1). (Amendment to the list) (Number of decisions: 1547)
About Turkey Determination of Origin of Goods Benefiting from Unilateral Rec-ognized preferential treatment by the 15.06.2015 dated and 2015/7748 num-bered Council of Ministers Decision, 01.09.2019 Decision on Repeal Being Valid from date (Decision Number: 1549)
25-09-19 Communiqué on Management of Quota and Tariff Quota in Imports (No: 2019/6)
UKRAINE
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi-
dential Decrees (Указ Президента), Decrees of the Cabinet of Ministers
(Розпорядження Кабінету Міністрів України), Regulations (Положення),
Agency Orders (Наказ) and other pieces of legislation were posted on the Parlia-
mentary (Верховної Ради) website during the period of coverage of this Update:
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Date Subject
10-09-19
On adoption as a basis of the draft Law of Ukraine on amending the Law of Ukraine "On the Supreme Anticorruption Court" regarding the commencement of the work of the court Resolution of the Verkhovna Rada of Ukraine No. 41-IX of 10.09.2019
On the adoption as a basis of the draft Law of Ukraine on amendments to some legislative acts of Ukraine on reduction of the list of economic activities subject to licensing Resolution of the Verkhovna Rada of Ukraine No. 44-IX of Septem-ber 10 , 2019
11-09-19 On adopting the Bill of Ukraine as a basis for amending certain legislative acts of Ukraine on improving the legal protection of geographical indications Resolution of the Verkhovna Rada of Ukraine No. 57-IX of September 11, 2019
12-09-19
On Adoption of the Bill of Ukraine on Amendments to the Customs Code of Ukraine on Certain Issues of Functioning of Authorized Economic Operators as a Basis Resolution of the Verkhovna Rada of Ukraine No. 71-IX dated Septem-ber 12, 2019
20-09-19
On adopting as a basis the draft Law of Ukraine on Amendments to the Cus-toms Code of Ukraine on the Protection of Intellectual Property Rights during the Move of Goods across the Customs Border of Ukraine Resolution of the Verkhovna Rada of Ukraine No. 135-IX of September 20 , 2019
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
07-09-19
№ 83 (08-08-19) On making amendments to the list of categories of goods whose temporary residence and use in the customs territory of the Eurasian Economic Union in accordance with the customs procedure of temporary import (admission) are allowed without payment of import customs duties and taxes
Board (Коллегии) of the Eurasian Economic Commission Решения
05-09-19
№ 141 (02-09-19) On amendments to the structure and format of the goods declaration and transit declaration
№ 142 (02-09-19) On making changes to the structure and format of adjusting the declaration of goods
№ 143 (02-09-19) On amendments to the structure and format of the customs value declaration
№ 144 (02-09-19) About recognition become invalid for some decisions of the Commission of the Customs Union
№ 145 (02-09-19) On the classifier of customs authorities of the Member States of the Eurasian Economic Union
№ 146 (02-09-19) On approval of the Procedure for the submission by the au-thorized bodies of the member states of the Eurasian Economic Union of infor-mation in electronic form as part of the formation of a common gas market of the Eurasian Economic Union
№ 147 (02-09-19) On approval of the Procedure for the submission by the au-thorized bodies of the member states of the Eurasian Economic Union of infor-mation in electronic form as part of the formation of common markets for oil and petroleum products of the Eurasian Economic Union
№ 148 (02-09-19) On technological documents governing information interac-tion during the implementation of the general process “Formation, maintenance
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Publication Date
Title
and use of a single customs register of intellectual property of member states of the Eurasian Economic Union” by means of the integrated information system of the Eurasian Economic Union ”
13-09-19
№. 149 (10-09-19) On amendments to the Rules for the implementation of the general process “Using databases of documents drawn up by authorized bod-ies of the Member States of the Eurasian Economic Union in the regulation of foreign and mutual trade, including those submitted during customs operations to confirm compliance with prohibitions and restrictions”
№ 150 (10-09-19) On amendments to the Decision of the Board of the Eurasian Economic Commission dated December 11, 2018 No. 203 and the recognition of certain decisions of the Commission of the Customs Union and the Board of the Eurasian Economic Commission as invalid
№ 151 (10-09-19) On amendments to the list of general processes within the framework of the Eurasian Economic Union
№ 152 (10-09-19) About the language classifier
№ 153 (10-09-19) On making amendments to Appendix No. 4 to the Rules for filling out vehicle type approval forms, chassis type approval, notification of can-cellation of a document certifying compliance with technical regulations, vehicle design safety certificate and vehicle conformity certificate with amendments to its safety requirements
19-09-19
№ 154 (17-09-19) On the directory of types of products subject to sanitary and epidemiological surveillance (control)
№ 155 (17-09-19) About the directory of veterinary and sanitary status of enter-prises
№ 156 (17-09-19) About the directory of especially dangerous, quarantine and zoonotic animal diseases, in relation to which the interaction of the Member States of the Eurasian Economic Union is carried out in the prevention, diagno-sis, localization and elimination of foci of animal diseases
№ 157 (17-09-19) About the classifier of animal identification
№ 158 (17-09-19) About the nomenclature of dosage forms and a directory of routes of administration of drugs
№ 159 (17-09-19) On the classifier of types of documents for the registration dossier of a medicinal product and the reference book of structural elements of the registration dossier of a medicinal product
№ 160 (17-09-19) On amendments to the unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union for certain types of engines and gas turbines for the production of helicopters, as well as to Decision of the Board of the Eurasian Economic Commission dated April 19, 2016 No. 36
№ 161 (17-09-19) On Amending the Unified Commodity Nomenclature for For-eign Economic Activity of the Eurasian Economic Union and the Unified Cus-toms Tariff of the Eurasian Economic Union with respect to the hearth for lining aluminum electrolyzers
№ 162 (17-09-19) On extending the validity of import customs duty rates of the Unified Customs Tariff of the Eurasian Economic Union with respect to waste and scrap of precious metals
№ 163 (17-09-19) On establishing for 2020 volumes of the tariff quota for cer-tain types of long-grain rice originating from the Socialist Republic of Vietnam and imported into the territory of the Member States of the Eurasian Economic Union
№ 164 (17-09-19) On termination of consideration of a case on violation of gen-eral rules of competition in cross-border markets
№ 165 (17-09-19) On violation of the general rules of competition in cross-bor-der markets
23-09-19
№ 166 (26-09-19) On amending the list of general processes within the frame-work of the Eurasian Economic Union
№ 167 (26-09-19) On the classification of LED lamps with a battery and a con-trol panel in accordance with the unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union
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Publication Date
Title
Board Recommendations
05-09-19
№ 26 (02-09-19) On amendments to Volume VI of the Explanations to the Uni-fied Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
№ 27 (02-09-19) On the proposals of the Eurasian Economic Commission on measures aimed at reducing the debt of the general government sector in the Kyrgyz Republic in the medium term
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 September 15, 2019. The table lists the tariff codes, a description,
rationale (GRIs) for the decision.
BELARUS
Preliminary decisions on tariff classification
The State Customs Committee maintains a searchable database of preliminary
decisions on the tariff classification of goods (База данных товаров, в
отношении которых принято предварительное решение о
классификации). The database has been updated through September 2019. It
may be searched by tariff code or description (in Russian).
RUSSIAN FEDERATION
New limitations on procurements of foreign IT products in Russia
In September 2019 Russia introduced new statutory limitations for public pro-
curement of foreign-made electronics. These changes will affect all companies
that participate in public tenders for such products and in tenders for supplies of
IT products to state-owned companies.
Radio-electronic and telecom products may be granted “Made in Russia” status
in order to qualify for certain statutory preferences in public tenders. To confirm
the “Made in Russia” status, the electronics must comply with certain specific lo-
calization requirements and must be included in a new unified state register of
Russian radio-electronic products.
1. How the new statutory limitations work
The new regulations on the creation of the State Register of Russian Radio-Elec-
tronics were established by Government Decree No. 878 dated July 10, 2019.1
In public tenders the so-called “three is a crowd” rule will apply, when all bids for
products not listed in the State Register will be denied if there are at least two
other bids meeting the following criteria:
the products are listed in the State Register, and
the manufacturers of the products offered in the 2 bids are not affiliated.
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The State Register will include the following two types of IT products:
1. telecom products 2, meeting special criteria, particularly, the IP rights must be 50%+ owned by Russian persons, certain localization criteria must be met with respect to components, and the software must be listed in the state Register of Russian Software; and
2. radio-electronic products, as listed, subject to localization requirements estab-lished by Government Decree No. 719 dated July 17, 2015 “On Confirmation of the Production of Industrial Goods in the Russian Federation”. The above-mentioned Decree No. 719 establishes certain localization criteria for different types of products, such as a general requirement that the local manufac-turers own the rights to the technological and design documentation, as well as specific localization criteria for certain types of components used in the IT prod-ucts.
The State Register should have been introduced as of September 1, 2019 by the
Ministry for Industry and Trade. However, it still has not been finalized.
2. New 30% price preference for local IT products in tenders of state-owned com-
panies
Bids of telecom/radio-electronic products listed in the State Register will also be
given a 30% price preference in procurement by state-owned companies3, com-
pared with a general 15% price preference established for other types of prod-
ucts.
3. Steps to consider
In view of these changes, manufacturers and distributors of IT products that
could be offered in public tenders or tenders of state-owned companies are rec-
ommended to consider the following actions:
check whether the products fall under the new localization rules;
perform market research in order to establish the existence of similar competitive local products on the market, the manufacturers of which could apply the “three is a crowd” rule.
Notes:
1. Decree of the Russian Government “On measures for stimulating manufacture of radio-elec-tronic products within the Russian Federation applied to public procurements of products, works and services for state and municipal needs, on amending Decree of the Russian Government No. 925 dated September 16, 2016, and on recognizing null and void certain acts of the Russian Government”. 2. “Telecom products - products related to electronic products used for the for-mation, reception, processing, storage, transmission, routing, switching, and delivery of telecom-munication messages or postal items, as well as other technical and software tools used in the provision of communication services or ensuring the functioning of communication networks, in-cluding technical systems and devices with measuring functions”. 3. The 30% preference means that Russian-made goods will be evaluated at 70% of their bidding price, but the full price will be awarded if the business wins the tender.
If you have any questions, please contact one of the authors: Alexander By-
chkov, Vladimir Efremov or Maxim Kalinin.
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Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees
(Постановление Правительства) (GR), Federal Customs Service (FCS) Orders
and other pieces of legislation were published in the Rossiyskaya Gazeta or the
Official Portal for Legal Information (Официальный интернет-портал правовой
информации) during the period of coverage of this Update:
Date of Publication
Subject
02-09-19
Decree of the Government of the Russian Federation of August 31, 2019 No. 1134 “On the introduction of a temporary quantitative restriction on the export of waste and scrap of ferrous metals outside the territory of the Russian Feder-ation to states that are not members of the Eurasian Economic Union”
06-09-19
Decree of the Government of the Russian Federation of 04.09.2019 No. 1159 “On introducing for ratification of the Protocol on amendments to the Agree-ment between the Government of the Russian Federation and the Government of the Republic of South Ossetia on the regime of trade in goods of March 2, 2012”
11-09-19
Decree of the Government of the Russian Federation of September 7, 2019 No. 1169 “On Amending the Rates of Export Customs Duties on Goods Ex-ported from the Russian Federation outside the Member States of the Customs Union Agreements”
20-09-19
Order of the Government of the Russian Federation of September 18, 2019 No. 2100-r “On the signing of the Protocol on amendments and additions to the Agreement between the Government of the Russian Federation and the Gov-ernment of the Kyrgyz Republic on the provision of technical assistance to the Kyrgyz Republic as part of the process of accession to the Eurasian Economic Union of March 31, 2015 . “
Order of the Government of the Russian Federation of September 18, 2019 No. 2101-r “On the conclusion by agreement of notes of the Agreement between the Russian Federation and Mongolia on amendments to the Trade Agreement between the Union of Soviet Socialist Republics and the Mongolian People's Republic of December 17, 1957”
25-09-19
Decree of the Government of the Russian Federation of September 21, 2019 No. 1235 “On amending the Rules for the provision in 2015 of a subsidy from the federal budget in the form of a property contribution of the Russian Federa-tion to the State Corporation to facilitate the development, production and ex-port of high-tech industrial products” Rostec “for construction and moderniza-tion facilities for the production of electric, thermal energy in the territories of certain regions of the Russian Federation under the federal target program “So-cio-economic the development of the Republic of Crimea and the city of Sevas-topol until 2020 “as part of the non-programmatic area of activity” Implementa-tion of the functions of other federal government bodies “
30-09-19
Decree of the Government of the Russian Federation of September 26, 2019 No. 1251 “On conducting an experiment on labeling with identification means and monitoring the turnover of certain types of tobacco products subject to mandatory labeling from July 1, 2020”
FEDERAL CUSTOMS SERVICE
02-09-19
Order of the Federal Customs Service of 04/01/2019 No. 541 “On approval of the Technology for customs operations with respect to ships used for merchant shipping, as well as goods and vehicles transported across the customs border of the Eurasian Economic Union by these vessels, using the Unified Automated Information System of customs authorities and recogni-tion of the order of the State Customs Committee of Russia of September 12, 2001 No. 892 “On approval of the Regulation on customs clearance and cus-toms control with udov used for the purposes of merchant shipping, as well as goods transported across the customs border of the Russian Federation by these vessels “ (Registered 08/30/2019 No. 55793)
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Date of Publication
Subject
03-09-19
Order of the Federal Customs Service of June 11, 2019 No. 949 “On approval of the forms and Procedure for the submission by banks and other credit organizations of documents and information upon requests (re-quirements) of customs authorities” (Registered September 2, 2019 No. 55799)
23-09-19
Order of the Federal Customs Service of August 30, 2019 No. 1368 “On Amending Certain Regulatory Legal Acts of the FCS of Russia on the Or-ganization of Activities of the Customs Authorities of the Russian Federation” (Registered September 23, 2019 No. 56003)
24-09-19
Order of the Federal Customs Service of July 17, 2019 No. 1169 “On approval of the form of the register of owners of free warehouses” (Registered September 23, 2019 No. 56011)
Order of the Federal Customs Service of August 30, 2019 No. 1379 “On declaring the orders of the Federal Customs Service of Russia dated De-cember 5, 2013 No. 2299” On failure to submit documents confirming the au-thority of the person filing the declaration of goods in electronic form “and Octo-ber 28, 2014 to be invalid. No. 2092 “On reducing the list of documents submit-ted during customs declaration of goods placed under the customs procedure of export and not subject to export customs duties” (Registered September 23, 2019 No. 56012)
27-09-19
Order of the Federal Customs Service of August 30, 2019 No. 1378 “On invalidating the order of the Federal Customs Service of Russia dated March 14, 2011 No. 537” On approval of the simplified procedure for customs declaration of goods illegally transported across the customs border of the Cus-toms Union and discovered by customs authorities from persons who acquired these goods in the customs territory of the Customs Union in connection with entrepreneurial activities “ (Registered September 26, 2019 No. 56076)
Africa
MOZAMBIQUE
Customs clearance of goods
On 24 May 2019, Economy and Finance Ministerial Diploma No. 51/2019 was
published in the Boletim da República (Official Gazette). The Diploma approves
the Customs Clearance of Goods Regulation. The Regulation sets forth rules
governing the clearance of goods, valuation and means of transportation. It es-
tablishes and regulates certain special customs regimes, simplified import and
export systems, payment of customs fees and debt guarantees, including the fol-
lowing:
cabotage;
temporary importation user fees;
declaration requirements for temporary imports, installment and leasing;
establishes a maximum customs clearance time of 25 days (extendable by con-signee or his representative for an additional 14 days;
mandates documents and information required for the customs clearance;
increases certain fees for cancellation or amendment of customs declarations;
raises the value of sample shipments and non-commercial shipments that may be entered through simplified means;
increases the value that be entered under an abbreviated system; and
creates a framework for possible advanced filings.
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SOUTH AFRICA
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Date Publication
Details Subject
Implementation Date
13-09-19 GG. 42698 R. 1165
Amendment of rules 49A.01, 49B.10(9)1 and 49B.10(9)9
Notice R.1165 13-09-19
20-09-19 GG.42718 R.1219
Amendment to Part 1 of Schedule No. 1 by the substitution of tariff subheadings 1001.91 and 1001.99 as well as 1101.00.10, 1101.00.20, 1101.00.30 and 1101.00.90 to reduce the rate of customs duty on wheat and wheaten flour from 95.80c/kg and 143.69c/kg to 66.47c/kg and 99.71c/kg respectively, in terms of the existing variable tariff formula – Minute 06/2019
Notice R.1219
20-09-19
27-09-19 GG.42726 R.1261
Amendment to Part 1 of Schedule No. 2 by the substitution of anti-dumping items 204.05/2004.10.2/03.07 and 204.05/2004.10.2/04.07 to amend the name of the producer/exporter PinguinLutosa Foods B.V to Lutosa – Minute 04/2019
Notice R.1261
27-09-19
Other African Countries (except North Africa)
Date Subject
NAMIBIA
02-08-19
No. 225 Amendment of Part 5A of Schedule No. 1: Customs and Excise Act, 1998 [Fuel levy]
No. 226 Amendment of Schedule No. 1 of Customs and Excise Act: Customs and Excise Act, 1998 [Environmental levy]
Trade compliance enforcement actions - import, export, IPR, FCPA
The links below will take you to official press releases and summaries of adminis-
trative and judicial trade compliance enforcement actions (arrests, indictments,
penalties, seizures, convictions, debarments, etc.) involving US and foreign im-
port, export, FCPA/anti-bribery, IPR border enforcement and related matters.
Child pornography, controlled substance and currency related seizures and ar-
rests will not be listed, unless connected to trade violations. [Foreign government
cases are preceded by the letter (F) in parenthesis].
[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bu-reau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Prod-uct Safety Commission; DDTC= State Dep’t Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Cus-toms Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Ad-ministration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of
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Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.]
Date of Release
Subject
09-09-19 Las Vegas business owner pleads guilty to trafficking more than $1M in counter-feit electronics [also involves customs undervaluation] (DOJ, ICE)
09-12-19
U.S. Attorney Announces Settlement Of Civil Fraud Claims Against Italian Textile Company For Scheme To Use U.S. Subsidiary To Underpay Customs Duties - Defendants Will Pay $650,000 in Damages and Implement Compliance Measures (DOJ, CBP, [False Claims Act whistleblower]
09-17-19 Settlement Agreement between the U.S. Department of the Treasury's Office of Foreign Assets Control and British Arab Commercial Bank plc (OFAC)
09-26-19 Ancient gold coffin repatriated to Egypt in New York ceremony (NYDA, ICE, Egypt, Germany, and France)
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, jochen.meyer-burow@bakermckenzie.com
Martin Morawski, Associate, martin.morawski@bakermckenzie.com
Publications, Alerts, Newsletters
The following Baker McKenzie publications, client alerts, legal alerts, newsletters
or postings released during the period of coverage of this Update may be of inter-
est to you:
Subject
International Trade, Tax and Anti-corruption
Global International Trade Compliance Update – September 2019 {older issues}
Other areas
Kyiv Banking & Finance Client Alert: Ukraine liberalizes repatriation of investments
Francophone Africa Newsletter – September 2019
BakerMcKenzie FenXun China Mergers and Acquisitions Client Alert: Are you ready for China's Social Credit System?
Vietnam Employment & Labor Client Alert: Draft Revised Labor Code
Vietnam Mergers and Acquisitions Client Alert: Decision 26/2019/QG-TTg on the list of State-owned enterprises to be equitized by the end of 2020
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Webinars, Meetings, Seminars, Etc.
Mark your calendars for this year's two-day conference, which will be held Wednesday, 13 November, through Thursday, 14 November, at the Hyatt Regency in Santa Clara, California.
If you are unable to attend the conference in person, we will be offering a live webcast option. Please indicate if you will attend in person or via webcast on your registration form.
Due to anticipated high demand, you can sign up now by clicking on the Register button below and completing the registration form. You will receive a registration confirmation email approximately six weeks prior to the event.
Additional details, as well as the agenda, will be distributed in the coming months.
We hope you will be able to join us!
REGISTER
Date and time
13-14 November 2019 8:30 am to 5 pm PST
ADD TO CALENDAR
Venue
Hyatt Regency Santa Clara 5101 Great America Pkwy
Santa Clara, CA 95054
Live webinar
Details for live webinar will be circulated nearer the date
Inquiries
Logistics & Continuing Education Credit Liz Rittinger
Programming & Materials
Jen Schneider
We are very pleased to announce our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”.
The series will include the latest international trade developments including updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Foreign investment review regimes around the world and
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
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emerging compliance risks in areas such as Human Rights and Forced Labour.
This year, we will expand our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) will be primarily aimed at
participants who are new to Global Trade and/or those who would like a refresher.
Terrie Gleason, a partner in our San Francisco, CA
office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London
office and co-leader of the EMEA Customs practice, will moderate these webinars and be joined by experts from across our global network.
All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link:www.timeanddate.com.
If you missed a webinar that has already been given, wish to see it again or want to download a presenta-tion, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.
Upcoming Webinar Dates and Topics:
Date Topic
January 29 Basic: How to Classify Your Prod-ucts (Customs)
Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Budi-tomo (Jakarta)
February 26 Trade Wars vs. Free Trade Agree-ments (Brexit, TPP, NAFTA)
Speakers: Stu Seidel (DC), Cindy Ow-ens (Singapore), Jenny Revis (Lon-don), and Meera Rolaz (London)
March 19 Basic: Export controls and sanc-tions
Speakers: Ben Smith (London), Olof Konig (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam)
April 30 Conducting investigations and mak-ing disclosures
Speakers: Ross Denton (Lon-don), John McKenzie (San Francisco), Anahita Thoms (Dusseldorf), and Lise Test (DC)
May 21 Basic: How to determine the origin of your products (Customs)
Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (Barce-lona), and John F. McKenzie (San Francisco)
1:00 AM+ (JST) - Tokyo *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com These webinars are all complimentary.
Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE 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.
REGISTER NOW!
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June 25 Overview of global ABC enforce-ment
Speakers: Yindi Gesinde (Lon-don), Julian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shang-hai). Moderator: Tristan Grimmer (London)
July 30 Basic: How to value your products (Customs)
Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto)
August 27 Foreign investment review regimes around the world: Focus on US, EU, UK, Germany and Canada
Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto)
September 24 Basic: Overview of customs and im-ports developments: US, Brazil, China/Asia and Mexico
Speakers: Eunkyung Kim Shin (Chi-cago), Alessandra Machado (Sao Paolo), Frank Pan (Shanghai), and Ar-mando De Lille (Monterrey)
October 29 Key updates on export controls and sanctions
Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Mos-cow), and Anne Petterd (Singapore)
November 19 Basic: Overview of customs and im-ports developments: EU, Middle East and Russia
Speakers: Nicole Looks (Frank-furt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow)
December 17 Managing Emerging Compliance Risks
Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London)
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?
Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continu-ing Challenges in Global Trade” ended on December 8, 2018.
In 2018, we again expanded our usual program to include our Customs Academy, which featured six “Customs 101” webinars ( highlighted in green below). The Customs 101 pro-gram is primarily aimed at participants who are new to Customs and/or those who would like
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a refresher and included introductory sessions on key Customs topics such as tariff classifica-tion, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these
webinars and were joined by experts from across our global network. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.
January 30 Human Rights, Forced Labor, and Ethical Sup-ply Chains: Best Practices for Managing Grow-ing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto)
Questions: If you have any questions regard-ing 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 Vir-ginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uni-form CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certi-fied by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This program may earn newly admitted New York attorneys credit un-der Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forward-ers Association of America, Inc.
Interested in learning more?
January 30
February 27 Customs Basic: How to Classify Your Products Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt)
March 27
Hot Topics in US, European, and Asian Ex-port Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco)
April 24
Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto)
May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Ni-cole Looks (Frankfurt) and Jenny Revis (Lon-don)
June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cow-ley (Hong Kong) and Brian Cacic (Toronto)
July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Stu Seidel (DC), Jenny Revis (London), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh)
August 28
Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East)
September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mex-ico), Nicole Looks (Frankfurt), and Stuart Seidel (DC)
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October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers:Armando de Lille-Calatayud (Mon-terrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires)
November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong)
December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara)
RECORDED SESSIONS FROM OUR 2018
ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA
14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video
Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Pro-cess
United States Export Control Developments
European Union Export Control Developments
Emerging Export Control Programs in the Asia/Pacific Region
Economic Sanctions Developments
Export Control and Economic Sanctions Enforcement
Click here to view and/or download the materials.
15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video
The Trump Administration Trade Agenda (this panel did not include slides)
Trade Wars
Trade Agreements Developments
Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil
Update on Foreign Import Restrictions
Anti-Corruption Compliance and Trade Issues
Click here to view and/or download the materials.
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Presentation Materials
Changes and Developments in Japan and Asia Pacific
Business Implications of Trade Conflict
Free Trade Agreement Developments
Trade Sanctions and Export Controls
E Commerce Challenges and Opportunities
WTO TBT Notifications
Member countries of the World Trade Organization (WTO) are required under
the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the
WTO all proposed technical regulations that could affect trade with other Member
countries. The WTO Secretariat distributes this information in the form of “notifi-
cations” to all Member countries. This chart summarizes notifications in English
posted by the WTO during the past month. If you are interested in obtaining cop-
ies of any of these notifications, please contact stuart.seidel@bakermcken-
zie.com who will try to obtain the text. Some notifications are only available in the
official language of the country publishing the notification. Note: All dates are
given as mm/dd/yyyy; National flags are not scaled for relative comparison.
Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Albania ALB/93 9/19/2019 11/03/2019 Biological products
Argentina ARG/68/Add.5 08/28/2019 Not given Motor vehicles
Argentina ARG/173/Add.7 08/29/2019 Not given Cleaning products
Argentina ARG/190/Add.2 08/29/2019 Not given Chemicals and chemical products
Argentina ARG/120/Add.2 09/02/2019 Not given Pharmaceuticals
Argentina ARG/274/Add.1 09/02/2019 Not given Gas appliances for domestic use
Argentina ARG/373 09/18/2019 11/17/2019
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 09/23/2019 11/23/2019
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,
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
tubes and similar containers; other packing or wrap-ping machinery (including heat-shrink wrapping ma-chinery); machinery for aerating beverages (HS 8422)
Argentina ARG/38/Add.11 09/24/2019 Not given Safety auto parts and/or fittings
Argentina ARG/173/Add.8 09/24/2019 Not given Cleaning products
Argentina ARG/375 09/24/2019 11/23/2019
Agricultural machinery: Agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports-ground rollers (HS 8432); Milking machines and dairy machinery (HS 8434)
Argentina ARG/151/Add.21
09/26/2019 Not given Bicycles
Argentina ARG/151/Corr.1 09/26/2019 Not given Bicycles
Argentina ARG/334/Add.2 09/26/2019 Not given Medicines for human use
Bahrain, Kingdom of BHR/564 09/04/2019 11/03/2019 Medical Devices and Accessories
Brazil BRA/835/Add.1 09/02/2019 Not given Thermometers (HS 9025)
Brazil BRA/859/Add.1 09/02/2019 Not given Fresh and frozen lobster (HS Code(s) 03.06.31; 03.06.11; 03.06.91; 03.06.39.10)
Brazil BRA/860/Add.1 09/02/2019 Not given Shrimps (HS Code(s) 03.06.16; 03.06.35; 03.06.36; 03.06.99; 03.06.17; 03.06.95)
Brazil BRA/907 09/02/2019 10/30/2019 All products, services and processes that are sub-ject to a conformity assessment procedure; Product and company certification
Brazil BRA/312/Add.11 09/04/2019 Not given Tyres (HS 4011)
Brazil BRA/908 09/04/2019 10/18/2019 HS CODE: 3006 (radiopharmaceuticals)
Brazil BRA/802/Add.2 09/09/2019 Not given Pesticides, related products and wooden preserva-tives
Brazil BRA/909 09/09/2019 11/04/2019 HS CODE: 3006 (radiopharmaceuticals)
Brazil BRA/910 09/09/2019 11/04/2019 HS CODE: 3006 (radiopharmaceuticals)
Brazil BRA/911 09/09/2019 10/18/2019 HS CODE: 98041000 (products of advanced thera-pies)
Brazil BRA/821/Add.1 09/18/2019 Not given Public Taking of subsidies
Brazil BRA/821/Add.2 09/18/2019 Not given Public Taking of subsidies
Brazil BRA/823/Add.2 09/23/2019 Not given Kombucha (HS 09.02)
Brazil BRA/912 09/23/2019 Not given HS 0703.20 - garlic
Brazil BRA/913 09/23/2019 Not given HS 09.09; 12.02; 12.04; 12.05; 12.07; 12.09; 12.11; 12.12.10; Seeds and seedlings of vegetables, spices, medicinal and aromatics species
Brazil BRA/821/Add.3 09/24/2019 Not given Public Taking of subsidies
Brazil BRA/912/Corr.1 09/24/2019 Not given HS 0703.20 - garlic
Brazil BRA/914 09/24/2019 11/08/2019 HS Code(s): 901831 (Sterile hypodermic syringes for single use)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Brazil BRA/915 09/24/2019 11/08/2019 HS Code(s): 30045020 (infusion sets for single use)
Brazil BRA/916 09/24/2019 11/08/2019 HS Code(s): 901831 (hypodermic and gingival sy-ringes for single use)
Brazil BRA/837/Add.1 09/27/2019 Not given Exportation of cattle, buffaloes, sheep and goats live, for slaughter or reproduction (HS 0102; 0104)
Brazil BRA/842/Add.1 09/30/2019 Not given Medical devices
Brazil BRA/917 09/30/2019 11/18/2019 HS Code(s): 3006 (OTC medicines)
Burundi BDI/58 09/13/2019 11/12/2019 Cans. Tins. Tubes (Glass containers)
Canada CAN/599 09/16/2019 10/29/2019 Radiocommunications
Chile CHL/497 08/28/2019 10/27/2019
Quality specifications for liquid fuels for marine use, covering the following categories: - Seven catego-ries of distillate marine fuels, referred to as marine diesel, including fuels used in emergency diesel en-gines on vessels, and - Six categories of residual fuels, referred to as marine residual fuel oils.
Chile CHL/487/Add.1 9/16/2019 Not given
Electronic audio/video, information technology and communication technology equipment, External power supplies for computers and tablet chargers (switch mode units)
Chile CHL/498 9/11/2019 11/10/2019 Agricultural pesticides
Chile CHL/499 09/24/2019 11/23/2019 Lifts - Electric and hydraulic lifts
Chile CHL/489/Add.1 09/26/2019 Not given Follow-on infant formula and formula for infants over 12 months old
Chile CHL/500 09/26/2019 11/25/2019 Milk and dairy products
China CHN/1350 09/02/2019 11/01/2019
Chemical substances and their mixtures, excluding medicines, pesticides, veterinary drugs, cosmetics, foods, food additives, feeds, feed additives, fertiliz-ers, radioactive materials, etc (chemical substances whose usage have been changed to industrial use, as well as those used as raw materials or interme-diates of the above products are excluded).
China CHN/1351 09/02/2019 11/01/2019 New chemical substances
China CHN/1352 09/30/2019 11/29/2019
Welding machine; Machinery and apparatus for sol-dering, brazing or welding, whether or not capable of cutting, other than those of heading 85.15; gas-operated surface tempering machines and appli-ances (HS 8468)
China CHN/1353 09/30/2019 11/29/2019
Squatting pans; Ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fix-tures (HS 6910)
China CHN/1354 09/30/2019 11/29/2019 Static protective clothing; Articles of apparel and clothing accessories, not knitted or crocheted (HS 62)
China CHN/1355 09/30/2019 11/29/2019 Protective clothing against heat; Articles of apparel and clothing accessories, not knitted or crocheted (HS 62)
China CHN/1356 09/30/2019 11/29/2019 Room air conditioners; Air conditioning machines, comprising a motor-driven fan and elements for
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated (HS 8415)
China CHN/1357 09/30/2019 11/29/2019
Self-contained open-circuit compressed air breath-ing apparatus for escape; Other breathing appli-ances and gas masks, excluding protective masks having neither mechanical parts nor replaceable fil-ters (HS 9020)
China CHN/1358 09/30/2019 11/29/2019
Disposible particle respirator, Elastic respirator facepiece with replaceable filters; Other (HS 630790); Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters (HS 9020)
China CHN/1359 09/30/2019 11/29/2019
Showers; Table, kitchen or other household articles and parts thereof, of copper; pot scourers and scouring or polishing pads, gloves and the like, of copper; sanitary ware and parts thereof, of copper (HS 7418)
China CHN/1360 09/30/2019 11/29/2019
LED flat panel luminaires; Lamps and lighting fit-tings including searchlights and spotlights and parts thereof, not elsewhere specified or included; illumi-nated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included (HS 9405)
China CHN/1361 09/30/2019 11/29/2019
Displacement air compressors; Air or vacuum pumps, air or other gas compressors and fans; ven-tilating or recycling hoods incorporating a fan, whether or not fitted with filters (HS 8414)
China CHN/1362 09/30/2019 11/29/2019
Protective gloves; Articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanised rubber other than hard rubber (HS 4015)
China CHN/1363 09/30/2019 11/29/2019
Faucets; Taps, cocks, valves and similar appli-ances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostati-cally controlled valves (HS 8481)
China CHN/1364 09/30/2019 11/29/2019 Safety helmets; Safety headgear (HS 650610)
China CHN/1365 09/30/2019 11/29/2019
Dry powder fire fighting vehicles; Special purpose motor vehicles, other than those principally de-signed for the transport of persons or goods (for ex-ample, breakdown lorries (wreckers), crane lorries (mobile cranes), fire fighting vehicles, concrete mixer lorries (concrete-mixers), road sweeper lor-ries (road sweepers), spraying lorries (spraying ve-hicles), mobile workshops, mobile radiological units) (HS 8705)
China CHN/1366 09/30/2019 11/29/2019
Gas fire fighting vehicle; Special purpose motor ve-hicles, other than those principally designed for the transport of persons or goods (for example, break-down lorries (wreckers), crane lorries (mobile cranes), fire fighting vehicles, concrete mixer lorries (concrete-mixers), road sweeper lorries (road sweepers), spraying lorries (spraying vehicles), mo-bile workshops, mobile radiological units) (HS 8705)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
China CHN/1367 09/30/2019 11/29/2019
Pumper fire fighting vehicles; Special purpose mo-tor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries (wreckers), crane lorries (mobile cranes), fire fighting vehicles, concrete mixer lorries (concrete-mixers), road sweeper lorries (road sweepers), spraying lorries (spraying vehicles), mo-bile workshops, mobile radiological units) (HS 8705)
China CHN/1368 09/30/2019 11/29/2019
Lighting fire fighting vehicles; Special purpose mo-tor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries (wreckers), crane lorries (mobile cranes), fire fighting vehicles, concrete mixer lorries (concrete-mixers), road sweeper lorries (road sweepers), spraying lorries (spraying vehicles), mo-bile workshops, mobile radiological units) (HS 8705)
China CHN/1369 09/30/2019 11/29/2019
Smoke exhauster fire fighting vehicle; Special pur-pose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries (wreckers), crane lor-ries (mobile cranes), fire fighting vehicles, concrete mixer lorries (concrete-mixers), road sweeper lor-ries (road sweepers), spraying lorries (spraying ve-hicles), mobile workshops, mobile radiological units) (HS 8705)
China CHN/1370 09/30/2019 11/29/2019
Compressed air supply fire fighting vehicles; Spe-cial purpose motor vehicles, other than those princi-pally designed for the transport of persons or goods (for example, breakdown lorries (wreckers), crane lorries (mobile cranes), fire fighting vehicles, con-crete mixer lorries (concrete-mixers), road sweeper lorries (road sweepers), spraying lorries (spraying vehicles), mobile workshops, mobile radiological units) (HS 8705)
China CHN/1371 09/30/2019 11/29/2019
Fire monitor; Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar ap-pliances; steam or sand blasting machines and sim-ilar jet projecting machines (HS 8424)
Costa Rica CRI/185 08/29/2019 10/28/2019 Presence of gluten in medicaments for human use
Dominican Republic DOM/231 09/03/2019 11/02/2019 Measuring instruments, Temperature-measuring in-struments
Dominican Republic DOM/230 09/03/2019 11/02/2019 Verification of weighing instruments for commercial use and for the control of body weight
Ecuador ECU/475 08/29/2019 10/28/2019 ICS: 11.100
Ecuador ECU/18/Add.4 09/09/2019 Not given Drinking water
Ecuador ECU/88/Add.3 09/09/2019 Not given Foods for special dietary uses (HS 1806, 1901, 2005, 2007, 2104, 2106)
Ecuador ECU/120/Add.4 09/09/2019 Not given Injection-moulding machines (HS 8477.10; 8477.30; 8477.40; 8477.80)
Ecuador ECU/135/Add.4 09/09/2019 Not given Audio-frequency electric amplifiers (HS 8518.40 and 8518.50)
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Country Notification Date Issued Final Date
for Comments
Merchandise Covered
Ecuador ECU/241/Add.2 09/09/2019 Not given Pet food (HS 2309.10.10, 2309.10.90, 2309.90.20, and 2309.90.90)
Ecuador ECU/310/Add.1 09/09/2019 Not given Recessed luminaires (HS 94051090 and 94054090)
Ecuador ECU/318/Add.1 09/09/2019 Not given Assistive products for walking manipulated by one arm (HS 90211010, 90211020 and 90219000)
Ecuador ECU/350/Add.1 09/09/2019 Not given
Other grill, netting and fencing, welded at the inter-section (HS 73143); Containing indentations, ribs, grooves or other deformations produced during the rolling process (HS 721310); Forged (HS 721410); Containing indentations, ribs, grooves or other de-formations produced during the rolling process or twisted after rolling (HS 721420); Other, of free-cut-ting steel (HS 721430); Other (HS 721499); Plated or coated with zinc (HS 721720); Grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3 mm or more and having a mesh size of 100 cm² or more (HS 731420); Plated or coated with zinc (HS 731441); Other (HS 731449); Articles of iron or steel wire (HS 732620)
Ecuador ECU/61/Add.2 09/09/2019 Not given Chrysotile asbestos
Ecuador ECU/121/Add.3 09/09/2019 Not given Aggregate grading machines (HS 8474.10.10, 8474.10.20 and 8474.10.90)
Ecuador ECU/128/Add.3 09/09/2019 Not given Ethyl alcohol (HS 2207, 2207.10, 2207.20 and 2207.20.00.90)
Ecuador ECU/271/Add.2 09/09/2019 Not given Refractory bricks (HS 6902.10.00.00, 6902.20.10.00, 6902.20.90.00 and 6902.90.00.00)
Ecuador ECU/287/Add.1 09/09/2019 Not given Electrical extension cords (HS 8544.4220, 8544.4290 and 8544.4990)
Ecuador ECU/320/Add.1 09/09/2019 Not given Computers and input and output peripherals (HS 8471.30, 8471.41, 8471.49, 8471.50, 8471.60.20, 8471.60.90, 8471.80.00 and 8471.90.00)
Ecuador ECU/346/Add.1 09/09/2019 Not given
Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades (HS 3813); - Fire extinguishers, whether or not charged (HS 842410)
Ecuador ECU/354/Add.1 09/09/2019 Not given
Angles, shapes and sections of iron or non-alloy steel (HS 7216); Other bars and rods, not further worked than hot-rolled, hot-drawn or extruded (HS 722830); - Angles, shapes and sections (HS 722870)
Ecuador ECU/131/Add.4 09/09/2019 Not given Loudspeakers (HS 8518.21, 8518.22 and 8518.29)
Ecuador ECU/133/Add.3 09/09/2019 Not given 8417.20.9000 and 8417.80.9000
Ecuador ECU/137/Add.3 09/09/2019 Not given Pneumatic tools (HS 8467.11.10, 8467.11.20, 8467.11.90, 8467.19.10, 8467.19.20, 8467.19.90, 8467.81.00, 8467.89.10, and 8467.89.90)
Ecuador ECU/174/Add.3 09/09/2019 Not given Tapered roller bearings (HS 8482.20.00)
Ecuador ECU/200/Add.3 09/09/2019 Not given Expandable anchor bolts for concrete (HS 7318.15.10)
Ecuador ECU/208/Add.3 09/09/2019 Not given
Food processing machinery (HS 8419.81.00, 8420.10.10, 8420.10.90, 8210.00.10, 8210.00.90, 8433.60.10, 8433.60.90, 8434.10.00, 8434.20.00, 8435.10.00, 8436.10.00, 8436.21.00, 8436.29.10,
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8436.29.20, 8436.29.90, 8436.80.10, 8436.80.90, 8437.10.11, 8437.10.19, 8437.10.90, 8437.80.11, 8437.80.19, 8437.80.91, 8437.80.92, 8437.80.93, 8437.80.99, 8438.10.10, 8438.10.20, 8438.20.10, 8438.20.20, 8438.30.00, 8438.40.00, 8438.50.10, 8438.50.90, 8438.60.00, 8438.80.10, 8438.80.20, 8438.80.90, 8478.10.10, and 8478.10.90)
Ecuador ECU/209/Add.2 09/09/2019 Not given Mobile phone casings (HS 3926.90.90)
Ecuador ECU/276/Add.2 09/09/2019 Not given Setts (HS 6801.00.00)
Ecuador ECU/288/Add.2 09/09/2019 Not given
Pesticides (HS 38085000, 3808500011, 3808500019, 3808500021, 3808500029, 3808500031, 3808500039, 3808500090, 38089111, 38089112, 38089113, 38089119, 38089191, 38089192, 38089193, 38089194, 38089195, 38089196, 38089199, 38089211, 38089219, 38089291, 38089293, 38089294, 38089299, 38089311, 38089319, 38089391, 38089392, 38089399, 38089911, 38089919, 38089991, and 38089999)
Ecuador ECU/366/Add.1 09/09/2019 Not given Condoms (HS 401410)
Ecuador ECU/142/Add.3 09/11/2019 Not given Ball and roller bearings (HS 8482.10, 8482.30, 8482.40, 8482.50, 8482.80, 8482.91, and 8482.99)
Ecuador ECU/166/Add.3 09/11/2019 Not given Candles (HS 3406)
Ecuador ECU/167/Add.3 09/11/2019 Not given Waxes for floors and polishes (HS 3405.10.00, 3405.20.00 and 3405.90.00)
Ecuador ECU/182/Add.4 09/11/2019 Not given Printing ink sets (HS 3215.19.00)
Ecuador ECU/242/Add.2 09/09/2019 Not given Animal feeding products (HS 2309.90.10, 2309.10.90, 2309.90.30, and 2309.90.90)
Ecuador ECU/244/Add.3 09/09/2019 Not given Medical electrical equipment (HS 9402.90.10)
Ecuador ECU/261/Add.2 09/11/2019 Not given Pistachios (HS 0802.50, 0802.51.00)
Ecuador ECU/317/Add.1 09/09/2019 Not given Surgical gloves and examination/procedure gloves for medical use (HS 39262000, 39269090, 40151100, 40151990 and 40159090)
Ecuador ECU/322/Add.2 09/11/2019 Not given
Flanges and flanged fittings for drinking water pipes (HS 73071100, 73071900, 73079100, 73079900, 84842000, 84849000, 39269040, 39269090, 40169300, 731815, 73181590, 73181600, 73182200 and 73182900)
Ecuador ECU/164/Add.3 09/11/2019 Not given Cotters and cotter-pins (HS 7318.24.00)
Ecuador ECU/232/Add.3 9/11/2019 Not given
Printing and digitization equipment (HS 8443.32.19, 8443.32.20, 8443.32.90, 8443.39.10, 8443.39.90, 8443.12.00, 8443.19.90, 8443.31.00, 8471.60.90, and 8472.10.00)
Egypt EGY/219 09/17/2019 11/16/2019 Equipment for children
Egypt EGY/220 09/17/2019 11/16/2019 Quality management and quality assurance, Labor-atory medicine in general
Egypt EGY/221 09/17/2019 11/16/2019 Furniture, Camping equipment and camp-sites
Egypt EGY/222 09/17/2019 11/16/2019 Cookware, cutlery and flatware
Egypt EGY/223 09/17/2019 11/16/2019 Refrigerating technology
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Merchandise Covered
Egypt EGY/3/Add.21 09/18/2019 Not given Chemical, textile and engineering products
Egypt EGY/3/Add.22 09/18/2019 Not given Chemical, textile and engineering products
Egypt EGY/3/Add.23 09/18/2019 Not given Chemical, textile and engineering products
Egypt EGY/224 09/17/2019 11/16/2019 Water heating equipment
Egypt EGY/225 09/17/2019 11/16/2019 Incandescent lamps
Egypt EGY/226 09/17/2019 11/16/2019 Switches
Egypt EGY/227 09/17/2019 11/16/2019 Incandescent lamps
Egypt EGY/228 09/17/2019 11/16/2019 Tobacco, tobacco products and related equipment (traditional cigarette alternatives)
Egypt EGY/229 09/17/2019 11/16/2019 Wood, sawlogs and sawn timber (Plywood)
Egypt EGY/230 09/17/2019 11/16/2019 Materials and articles in contact with foodstuffs (ce-ramic tableware)
Egypt EGY/231 09/17/2019 11/16/2019 Furniture (Children's high chairs)
European Union EU/678 09/04/2019 11/03/2019 Electrical and electronic equipment
European Union EU/679 09/04/2019 11/03/2019 Electrical and electronic equipment
European Union EU/680 09/09/2019 11/08/2019 Chemicals
European Union EU/681 09/16/2019 11/15/2019 Diisocyanates
France FRA/192 08/28/2019 Not given
Active radio equipment for 5G mobile networks op-erated by telecom operators of vital importance, as defined in Article L1332-1 of the French Defence Code
France FRA/193 08/28/2019 Not given
Active radio equipment for 5G mobile networks op-erated by telecom operators of vital importance, as defined in Article L1332-1 of the French Defence Code
Grenada GRD/21 09/20/2019 12/22/2019 Specification for Pneumatic Passenger Tyres
Grenada GRD/22 09/20/2019 12/22/2019 Specification for Hollow Concrete Blocks
Japan JPN/631 09/02/2019 11/01/2019 Composite feeds for food producing animals and their ingredients
Japan JPN/632 09/11/2019 Not given Substances with probable effects on the central nervous system
Kenya KEN/900 09/11/2019 11/02/2019 Clothes (Fleece jacket)
Kenya KEN/899 09/09/2019 11/02/2019 Processes in the food industry (Food fortification premix fortificants)
Korea, Republic of KOR/856 09/09/2019 11/08/2019 Medical Devices
Korea, Republic of KOR/857 09/09/2019 11/08/2019 Packaging as paper packs, glass bottles, cans, plastics
Korea, Republic of KOR/858 09/24/2019 11/23/2019 EMC (Electromagnetic Compatibility) Regulation
Korea, Republic of KOR/859 09/24/2019 11/23/2019 Automobile Tires
Korea, Republic of KOR/860 09/24/2019 11/23/2019 Cosmetics
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Merchandise Covered
Korea, Republic of KOR/861 09/30/2019 11/29/2019 Medical Devices
Korea, Republic of KOR/862 09/30/2019 11/29/2019 Blade plate for portable brush cutters
Korea, Republic of KOR/863 09/30/2019 11/29/2019 Motor Vehicles
Macao, China MAC/3 09/19/2019 Not given
Newly imported motorcycles (including mopeds); diesel vehicles; heavy-duty compressed natural gas (CNG) vehicles; heavy-duty gasoline vehicles and newly imported vehicles
Macao, China MAC/4 09/19/2019 Not given Protective helmets of mopeds and motorcycles
Macao, China MAC/5 09/19/2019 Not given Used motor vehicles; heavy passenger vehicles
Macao, China MAC/6 09/19/2019 Not given Unleaded gasoline and light diesel oil for vehicles
Macao, China MAC/7 09/19/2019 Not given Radioactive pharmaceuticals; medicines; proprie-tary Chinese medicines and traditional medicines
Macao, China MAC/8 09/19/2019 Not given Proprietary Chinese medicines; traditional medi-cines
Macao, China MAC/9 09/19/2019 Not given Tobacco products
Macao, China MAC/10 09/19/2019 Not given Pharmaceuticals of bovine origin
Macao, China MAC/11 09/19/2019 Not given Imported new pharmaceuticals containing new ac-tive pharmaceutical ingredients
Macao, China MAC/12 09/19/2019 Not given Flueless gas water heater
Macao, China MAC/13 09/19/2019 Not given
Locally originated or imported pre-packaged or non-prepackaged products, excluding non-prepackaged fresh produce and beverages of an alcoholic strength by volume exceeding 5%.
Macao, China MAC/14 09/19/2019 Not given Lights, domestic appliances; sound equipment and audio-visual equipment; information technology equipment; hand-held power tools; toys.
Malaysia MYS/98 09/20/2019 11/19/2019
Wood based panel products (Fibreboard, parti-cleboard and plywood); Particle board and similar board (for example, oriented strand board and wa-ferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances (HS 4410); Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances (HS 4411); Plywood, veneered panels and similar lami-nated wood (HS 4412)
Mexico MEX/458 09/02/2019 10/27/2019
New radial tyres for vehicles with a gross vehicle weight exceeding 4,536 kg (10,000 lb), diagonal tyres of any load capacity, and temporary radial and diagonal tyres used for cars, light trucks, vans, heavy lorries, tractor trucks, buses and trailers, which are marketed as final goods; (HS: 4011)
Mexico MEX/432/Add.1 09/20/2019 Not given Alcoholic beverages
Moldova MDA/53 09/16/2019 11/15/2019
The draft Government decision was elaborated for the purpose of adjusting the activity of national technical regulation with the provisions of the Agreement on Technical Barriers to Trade of the World Trade Organization (TBT Agreement).
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Merchandise Covered
Namibia NAM/1/Add.1 09/26/2019 Not given
Cement, Portland cement, Portland-slag cement, Portland silica fume cement, Portland-Pozzolana cement, Portland-fly ash cement, Portland burnt shale cement, Portland-limestone cement, Portland composite cement, Blast furnace cement, Poz-zolanic cement, Composite cement. Salt; sulphur; earths and stone; plastering materials, lime and ce-ment (HS 25)
New Zealand NZL/88 09/26/2019 12/09/2019
The products to be phased out are PFAS (per-fluoroalkyl and polyfluoroalkyl substances) contain-ing fire fighting foam concentrates.; Preparations and charges for fire-extinguishers; charged fire-ex-tinguishing grenades (HS 3813)
Oman OMN/399 09/27/2019 11/26/2019 Food used partially hydrogenated oils
Paraguay PRY/113 09/04/2019 11/03/2019 Safety belts (8708.21.00)
Peru PER/114 08/29/2019 10/27/2019 Articles for babies; Pharmaceutical goods specified in Note 4 to this Chapter (HS 3006)
Peru PER/115 09/19/2019 Not given Pharmaceutical products; Pharmaceutical products (HS 30)
Saint Lucia LCA/55 09/23/2019 11/01/2019
Measuring instruments subject to pattern or type approval under Saint Lucia's Metrology Act Chapter 13.18. 8413.11 Fuel dispensers 8413.91 Other 8423.20 Scales for continuous weighing of goods on conveyors 8423.30 Constant weight scales and scales for discharging a predetermined weight of material into a bag or container, including hopper scales 8423.81 Having a maximum weighing ca-pacity not exceeding 30 kg 8423.82 Having a maxi-mum weighing capacity exceeding 30 kg but not ex-ceeding 5,000 kg 8423.89 Other 8423.90 Weighing machine weights of all kinds; parts of weighing ma-chinery 9016.00 Balances of a sensitivity of 5 cg or better, with or without weights. 9017.80 Other in-struments 9018.90 Blood pressure monitors 9024.80 Other machines and appliances 9025.11 Liquid-filled, for direct reading 9025.19 Other 9026.20 For measuring or checking pressure 9027.80 Breathalyzers 9028.10 Gas meters 9028.20 Water meters 9028.30 Electrical energy meters 9031.80 Other instruments
Slovenia SVN/111 09/20/2019 11/19/2019 Meat, meat products and other animal produce
South Africa ZAF/48/Rev.3 09/11/2019 Not given Regulations Relating to the Labelling of Alcoholic Beverages
South Africa ZAF/232/Add.1 09/16/2019 Not given Heat treated and ready to eat (RTE) processed meat products
South Africa ZAF/235/Add.1 09/16/2019 Not given
Canned/hermitically sealed meat products (either commerically sterile or pasteurised/semi-pre-serves); Sausages and similar products, of meat, meat offal or blood; food preparations based on these products (HS 1601); Other prepared or pre-served meat, meat offal or blood (HS 1602)
South Africa ZAF/88/Rev.1/Add.2
09/11/2019 Not given Maize, maize seed (HS 1005)
South Africa ZAF/239 09/26/2019 11/25/2019 Bread Wheat
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Merchandise Covered
Switzerland CHE/239 09/20/2019 12/20/2019 Telecommunication equipment, radio equipment and telecommunication terminal equipment
Taiwan Economy TPKM/359/Add.1
09/04/2019 Not given Cosmetics. Toiletries
Taiwan Economy TPKM/387 09/04/2019 11/03/2019 Personal eye-protection for pedal cyclists and for users of skates, skateboards and roller skates; Other (HS 900490)
Taiwan Economy TPKM/388 9/13/2019 11/12/2019
Self-ballasted LED lamps; Electric filament or dis-charge lamps, including sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps (HS 8539)
Taiwan Economy TPKM/389 09/23/2019 11/22/2019
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)
Tanzania TZA/311 09/27/2019 11/26/2019 Tobacco, tobacco products and related equipment
Thailand THA/554 09/02/2019 11/01/2019 Fruits and vegetables including canned, dried and quick-frozen fruits and vegetables
Thailand THA/550/Add.1 09/09/2019 11/02/2019 Food in general
Thailand THA/555 09/18/2019 11/17/2019 Tobacco Products
Thailand THA/556 09/18/2019 11/17/2019 Tobacco Products
Trinidad and Tobago TTO/122 09/27/2019 11/26/2019 Angles, shapes and sections of iron or non-alloy steel (HS 7216)
Ukraine UKR/152 09/20/2019 11/19/2019 Household combined washer-driers
Ukraine UKR/153 09/20/2019 11/19/2019 Electric mains-operated professional refrigerated storage cabinets, including those sold for the refrig-eration of foodstuffs and animal feed
Ukraine UKR/154 09/20/2019 11/19/2019
Space heaters and combination heaters with a rated heat output = 70 kW, packages of space heater = 70 kW, temperature control and solar de-vice and packages of combination heaters = 70 kW, temperature control and solar device.
Ukraine UKR/155 09/20/2019 11/19/2019
Space heaters and combination heaters with a rated heat output = 400 kW, including those inte-grated in packages of space heater, temperature control and solar device or packages of combina-tion heater, temperature control and solar device.
Uganda UGA/1107 09/04/2019 11/03/2019 Hermetic storage bag, Woven polypropylene outer bags; -- Other, of polyethylene or polypropylene strip or the like (HS 630533)
Uganda UGA/1108 09/04/2019 11/03/2019
Pressure sensitive adhesive tapes; Self- Adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls (HS 3919)
Uganda UGA/1109 09/04/2019 11/03/2019
Hermetic grain silo; Reservoirs, tanks, vats and similar containers for any material (other than com-pressed or liquefied gas), of iron or steel, of a ca-pacity exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment (HS 7309)
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Merchandise Covered
Uganda UGA/1110 09/04/2019 11/03/2019
Hydraulic fluid; Other (HS 271019); Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corro-sion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materi-als, leather, furskins or other materials, but exclud-ing preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403); Wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freeze fluids (HS 382550)
Uganda UGA/1111 09/04/2019 11/03/2019
Hydraulic fluids; Other (HS 271019); Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corro-sion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materi-als, leather, furskins or other materials, but exclud-ing preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403); Wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freeze fluids (HS 382550)
Uganda UGA/1112 09/11/2019 11/10/2019 Food Seasoning mixtures; Other (HS 210390)
Uganda UGA/1113 09/11/2019 11/10/2019 Edible insects; Other live animals (HS 0106)
Uganda UGA/1114 09/19/2019 11/18/2019 Green coffee beans; Not decaffeinated (HS 090111); Coffee and coffee substitutes
United States USA/1495/Add.1 09/02/2019 Not given School bus construction; Motor vehicles for the transport of ten or more persons, including the driver (HS 8702)
United States USA/1505/Add.1 09/02/2019 Not given Dishwashers; Of the household type (HS 842211)
United States USA/1488/Add.1 09/09/2019 Not given Pool and spa safety
United States USA/1516/Add.1 09/09/2019 Not given Cooking products, general; Test conditions and pro-cedures in general, Kitchen equipment
United States USA/1522 09/09/2019 10/07/2019
Structural plywood; Sheets for veneering (including those obtained by slicing laminated wood), for ply-wood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm (HS 4408); Plywood, veneered panels and similar laminated wood (HS 4412)
United States USA/874/Add.13 09/11/2019 Not given General service lamps (HS 8512.90)
United States USA/1043/Add.2 09/11/2019 Not given Infant bouncer seats
United States USA/1440/Add.2 09/11/2019 Not given General service lamps
United States USA/1523 09/11/2019 10/07/2019 Marine diesel engine emissions; - Marine propul-sion engines (HS 840810)
United States USA/1524 09/11/2019 11/04/2019 General service incandescent lamps (GSILs)
United States USA/550/Add.4 09/16/2019 Not given Personal protective equipment (fall protection sys-tems)
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Merchandise Covered
United States USA/815/Add.2 09/16/2019 Not given Medical device and biological product labeling
United States USA/1525 09/16/2019 10/11/2019 Chemical substances
United States USA/1389/Add.4 09/20/2019 Not given Chemical substances
United States USA/1393/Add.3 09/20/2019 Not given Chemical substances
United States USA/1439/Add.1 09/20/2019 Not given Meat products and other animal produce
United States USA/1526 09/19/2019 11/01/2019 Hybrid and electric motor vehicles; Noise with re-spect to human beings, Road vehicle systems, Electric road vehicles
United States USA/489/Add.4 09/27/2019 Not given Infant bath seats (HS 9401.80)
United States USA/1209/Add.1 09/27/2019 Not given Respiratory protection
United States USA/1402/Add.1 09/27/2019 Not given Infant, toddler products; Other furniture and parts thereof (HS 9403)
United States USA/1499/Add.2 09/27/2019 Not given Stationary compression ignition internal combustion engines (HS 8407)
United States USA/1512/Add.1 09/27/2019 Not given Persistent, bioaccumulative and toxic chemicals
United States USA/1524/Corr.1
09/27/2019 Not given General service incandescent lamps (GSILs)
United States USA/1527 09/27/2019 11/25/2019 Emissions
United States USA/1528 09/27/2019 10/21/2019 Emissions
United States USA/1529 09/27/2019 10/21/2019 Emissions
United States USA/1530 09/27/2019 10/24/2019 Emissions
United States USA/1531 09/27/2019 12/04/2019 Drug substances
United States USA/1532 09/27/2019 11/04/2019 Emissions
Viet Nam VNM/151 09/11/2019 11/10/2019 Iron and steel products
Vietnam VNM/152 09/13/2019 11/12/2019 Petroleum and Related Technologies
Vietnam VNM/153 09/13/2019 11/12/2019 Products and Goods in general
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.
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Date TRS
Number Merchandise Tariff Classification and Basis
06-05-17 277785 3M™ Peltor™ PTL™ Earmuff, H7P3E-PTL, Hard Hat Mount Headset (Product ID 70-0715-1559-0 / 7000002317)
8518.30.91.00 [GIR 1, 6]
04-13-17 277493 670 LED Full Color rotating lamp, model X77909 8539.50.00.00 [GIR 1, 6; EN 85.39]
02-21-17 276625 Bean Bag Outer Cover and the Bean Bag Protective Layer 9401.90.00.90 [GIR 1, 6]
03-22-18 280225 CARB Compliant Mastic Remover 3402.20.90.90 [GIR 1, 6]
05-24-17 277613 Coleman PVC /Polyester Rainsuit # 20000016037 [modifica-tion to advance ruling # 270872 effective 01-01-17]
6210.40.90.00 [GIR 1, 6]
02-28-18 280011 Crushed Oyster Shell – Lay Shell Blend 0508.00.00.10 [GIR 1, 6]
04-25-17 277680 Island Grain with Beans Salad (5 lb/2.27 kg bulk) 2005.99.90.91 [GIR 1, 3(b), 6]
04-25-17 277328 Product # 2000015742, a grey, men's nylon jacket [modifica-tion to advance ruling TRS # 271628; effective 01-01-17]
6210.40.90.00 [Change in 2017 Cus-toms Tariff]
04-27-17 277782 Spicy Black Beans with Corn Salad, 5 lb/2.27 kg 2005.99.90.91 [GIR 1, 6]
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
204,500 such rulings are in the database.
CBP Rulings: Revocations or Modifications
The following table summarizes proposals made or actions taken that were pub-
lished in the weekly Customs Bulletin and Decisions during the past month by US
Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or
modify binding rulings or treatment previously accorded to substantially identical
merchandise.
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) 09-04-19
Tariff classification of anti-reflection coated silicon wafers
HQ 957189 R 8541.90.00 HQ H301201 8541.40.60 [GRI 1, 2(a), 6; EN 38.18]
(C) 10-04-19 Tariff classification of sur-face covered plywood know as Neatflex™
NY L86523 R 4412.14.0560 now 4412.14.0560
HQ H266918 4412.33.57 [GRI 1, 6; Chap. 44 AUSN 1(c)]
NY N027781 R 4412.32.3170 Now 4412.33.3285
(P) 09-25-19
Tariff classification of surf-board transport systems (surfboard racks, slings and tie-down straps)
NY N019824 NY M81749 NY K80289
R 9506.29.00 HQ H287584
Surfboard racks: 8708.29.50 [GRI 1, 6] Surfsling: 6307.90.98 [GRI 1, 6] Insuff. info for others
(C) 10-25-19 Tariff classification of a kayak seat back
NY N181156 M 3926.90.99 HQ H286422 9404.90.20 [GRI 1, 6]
Tariff classification of cer-tain stretcher covers and gurney covers
NY B89677 NY I88978
R M
6307.90.98 HQ H254033 6302.32.20 [GRI 1, 6; ENs]
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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)
Tariff classification of a plastic sheet with a printed numeral
N254739 M 3926.90.99 HQ H262220 4911.99.80 [GRI 1, 6; Sec VII n 2; Chap. 49 n 2; EN 49.11]
Tariff classification of headboards, footboards, and side rails imported in separate shipments.
NY N277888 R 9403.50.90 HQ H285903 9403.90.70 [GRI 1, 6]
Country of origin of steel tubing
NY N298549 R
NAFTA Mark-ing rules for Sec. 232 du-ties (US)
HQ H301494 Section 232 requIres a substantial transfor-mation analysis (US)
Country of origin marking of a pill case
NY N153956 M
Each pill case must be marked be-cause ultimate purchaser is consumer who receives case with pills
HQ H303064
Pharma co. is ultimate purchaser so only outermost container must be marked (because pill cases are disposable and filled by pharmaceutical company)
Revocations/Modifications
(A) 09-04-19
Treatment relating to the tariff classification of cer-tain solar kits
Treatment ex-plained in HQ H298151
R 8541.40.60 HQ H298151 8501.31.80 [GRI 1, 3(b); Sec XVI n4; EN 85.01(II)
(E) 11-04-19 Country of origin marking determination of the TEMS™ Pocket network testing device
HQ H014068 M
Substantial transforma-tion (ST) in Sweden
HQ H243924
China or Malaysia or any other country of manu-facture where an article recognizable as a mobile telephone is created. No ST in Sweden
(A) 09-25-19 Country of origin of encap-sulated fish oil
NY N287514 R
Substantial transfor-mation so China
HQ H303093 No substantial transformation in China so origin is Peru
(E) 11-25-19
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 Im-plementing Regulation
Description of the goods Classification
(CN code) Reasons
(EU) 2019/1391 (06-09-19)
By Commission Regulation (EC) No 1218/1999 a garden canopy measuring 3 m × 3 m, consisting of a covering made of thick 100 % cotton woven fabric, pre-sented with metal uprights which make up its framework and tensioning devices by means of which it can be fixed to the ground, was classified under CN code 6306 91 00 as ‘other camping goods’, be-cause it was open on all four sides. The CN code for that category of products changed owing to changes to the codes in
6306 22 00 During its 62nd session in September 2018, the Harmonized System Committee (HSC) of the World Customs Organisation (WCO) approved classification opinion 6306.22/1 classifying a product called temporary gazebo, measuring ap-proximately 3 m × 3 m × 2,50 m and consisting of a steel tube frame with connecting pieces and plastic feet, and a roof covering with cladding for the four corner posts. The gazebo is open on all four sides and is not anchored firmly to the ground. It was classified in HS subheading 6306 22, which corresponds to CN code 6306 22 00.
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Commission Im-plementing Regulation
Description of the goods Classification
(CN code) Reasons
the Harmonised System and the Com-bined Nomenclature, and Regulation (EC) No 1218/1999 was amended by Imple-menting Regulation (EU) No 441/2013 to indicate the new CN code 6306 90 00. By Implementing Regulation (EU) No 670/2013, the Commission classified an article which has the essential charac-ter of an outdoor canopy but is presented without frame, poles or accessories under CN code 6306 90 00 as ‘other camping goods’, because it has no sides or walls, which permit the formation of an enclo-sure.
Given the identical or very similar characteristics of the product with the articles described in Regu-lation (EC) No 1218/1999 and Implementing Reg-ulation (EU) No 670/2013, the tariff classification of the articles as set out in the Annex to those Regulations is not in accordance with WCO HSC classification opinion 6306.22/1.
The Union is, by virtue of Council Decision 87/369/EEC, a contracting party of the Interna-tional Convention on the Harmonized Commodity Description and Coding System (known as the ‘Harmonized System’ or ‘HS’), drawn up by the Customs Cooperation Council (known as the WCO). Classification opinions issued by the HSC are in principle guidance instruments for Union tariff measures.
With a view to securing uniformity in the interpre-tation and application of the Harmonized System at international level and considering that the de-cision of the HSC is in conformity with the word-ing of HS subheading 6306.22, the Union should apply WCO HSC classification opinion 6306.22/1.
In the Annex to Regulation (EC) No 1218/1999, the row corresponding to point 6 of the table is deleted.
Implementing Regulation (EU) No 670/2013 is re-pealed.
(EU) 2019/1404 (06-09-19)
A pair of tips consisting of plastics and metal (steel with a tip of tungsten) spe-cially designed to be attached to Nordic-walking sticks with a click-on system. See image
9506 91 90 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, Note 3 to Chapter 95 and by the wording of CN codes 9506 , 9506 91 and 9506 91 90 .
Nordic-walking sticks cannot be considered walk-ing sticks and the like of heading 6602 . The ob-jective characteristics of Nordic-walking sticks are different from walking sticks of heading 6602 as they are designed to be used in pairs to push the body forward similar to the movement in cross country skiing. The handles are a vertical prolon-gation of the sticks similar to handles of cross-country ski sticks, whereas the handles of walk-ing sticks are a horizontal prolongation of the sticks to allow the users to sustain their weight with the stick.
Nordic walking is different from ordinary walking as the upper part of the body is working to push the body forward by means of the sticks and, consequently can be considered a physical exer-cise within the meaning of heading 9506 .
The tips have a characteristic shape and design and a specific attachment system that make them suitable for use solely or principally with Nordic-walking sticks (articles of heading 9506 ) within the meaning of Note 3 to Chapter 95. Classifica-tion under heading 6603 as parts of walking
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Commission Im-plementing Regulation
Description of the goods Classification
(CN code) Reasons
sticks of heading 6602 is therefore excluded by virtue of Note 1(c) to Chapter 66.
The tips are therefore to be classified under CN code 9506 91 90 as parts of articles and equip-ment for general physical exercise.
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.
§1337) provides in rem relief from unfair practices in import trade, including unfair
methods of competition in the importation of articles, importation and sale in
the United States of articles which infringe US patents, registered trademarks,
copyrights or mask works. Listed below are 337 actions published during the
past month by the US International Trade Commission, the independent United
States agency charged with enforcement of section 337.
Inv. № Commodity Action
337–TA–1120 Certain Human Milk Oligosaccharides and Methods of Producing the Same
Notice of Request for Statements on the Public Interest
337–TA–1130 Certain Beverage Dispensing Systems and Components Thereof
Notice of Request for Statements on the Public Interest
337–TA–1172 Certain Filament Light-Emitting Diodes and Products Containing Same
Institution of Investigation based on a complaint filed on behalf of The Regents of the University of California alleging patent infringe-ment
337–TA–1173 Certain Rotating 3-D LiDAR Devices, Com-ponents Thereof, and Sensing Systems Containing the Same
Institution of Investigation based on a complaint filed on behalf of Velodyne Lidar, Inc. alleging patent infringement
337–TA–1174 Certain Toner Cartridges, Components Thereof, and Systems Containing Same
Institution of Investigation based on a complaint filed on behalf of Brother Industries, Ltd., Brother International Corp. (U.S.A.), and Brother Industries (U.S.A., Inc.) alleging patent infringement
337–TA–1175 Certain Bone Cements and Bone Cement Accessories
Institution of Investigation based on a complaint filed on behalf of Zimmer, Inc. and Zimmer US, Inc. alleging misappropriation of trade secrets, false advertising, and tortious interference, the threat or effect of which is to destroy or substantially injure an industry in the United States.
In addition to the above actions, the ITC has published notices indicating that it
has received complaints filed on behalf of the following companies alleging viola-
tions of §337 with regard to the listed commodities and soliciting comments on
any public interest issues raised by the complaints:
Ref. № Commodity Complaint filed on behalf of:
DN 3404 Certain Collapsible and Portable Furniture [Amended complaint] GCI Outdoor, Inc.
DN 3409 Certain Balanced Armature Devices, Products Containing the Same, and Components Thereof
Knowles Corporation; Knowles Electronics, LLC; and Knowles Electronics (Suzhou) Co., Ltd.
DN 3411 Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, Components Thereof, and Products Containing the Same
SK Innovation Co., Ltd. and SK Battery America, Inc.
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Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervail-
ing duty and safeguards notices published or posted during the past month from
the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other
countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or
subsidy; LTFV=less than fair value.
WTO Safeguard Notifications
Notification № Member Merchandise Action
G/SG/N/6/UKR/14 Ukraine Certain nitrogen fertilizers Initiation of a safeguard investigation on 28-08-19
G/SG/N/6/GTM/1 Guatemala Flat-rolled products of other alloy steel of a width of 600MM or more
Initiation of a safeguard investigation on 27-08-19
G/SG/N/6/JOR/19 Jordan Potato prepared or preserved otherwise than by vinegar or acetic acid, not frozen
Initiation of a safeguard investigation on 1-09-19
G/SG/N/6/IND/45 India Phenol Initiation of a safeguard investigation on 23-08-19
G/SG/N/6/PHL/14 Philippines Rice Initiation of a safeguard investigation on 11-09-19
G/SG/N/6/IDN/31
Indonesia
Fabrics Initiation of a safeguard investigation on 18-09-19
G/SG/N/6/IDN/32 Yarn (other than sewing thread) of syn-thetic and artificial staple fibres
Initiation of a safeguard investigation on 18-09-19
G/SG/N/6/IND/33 Curtains (including drapes), interior blinds, bed valances, and other furnishing articles
Initiation of a safeguard investigation on 18-09-19
United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–570–090 C–570–091
Certain Steel Trailer Wheels 12 to 16.5 Inches From China
ADD and CVD Orders
A–570–981 Utility Scale Wind Towers From China Notice of Rescission of ADD Administrative Review; 2018–2019
C–489–832 Carbon and Alloy Steel Wire Rod From Turkey Rescission of CVD Administrative Review; 2017-2018
A–570–045 1-Hydroxyethylidene-1, 1- Diphosphonic Acid From China
Rescission of ADD Administrative Review; 2018–2019
A–520–803 Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates
Rescission of ADD Administrative Review; 2017– 2018
A–588–874 Certain Hot-Rolled Steel Flat Products From Japan
Notice of Final Results of ADD Changed Circumstances Review
A–570–108 Ceramic Tile From China Postponement of Preliminary Determination in the LTFV Investiga-tion
C–570–046 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From China
Rescission of CVD Administrative Review; 2018
A–122–864 Certain Fabricated Structural Steel From Can-ada
Preliminary Negative Determination of Sales at LTFV and Post-ponement of Final Determination
A–201–850 Certain Fabricated Structural Steel From Mex-ico
Preliminary Affirmative Determination of Sales at LTFV and Post-ponement of Final Determination
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–570–102 Certain Fabricated Structural Steel From China Preliminary Determination of Sales at LTFV and Postponement of Final Determination
A–557–816 Certain Steel Nails From Malaysia Preliminary Results and Partial Rescission of ADD Administrative Review; 2017–2018
C–570–109 Ceramic Tile From China Preliminary Affirmative CVD Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final De-termination with Final ADD Determination
A–583–856 Certain Corrosion-Resistant Steel Products From Taiwan
Preliminary Results of ADD Administrative Review; 2017-2018
C–580–879 Certain Corrosion-Resistant Steel Products From S. Korea
Preliminary Results of CVD Administrative Review, and Rescission of Review, in Part; 2017
A–552–802 Certain Frozen Warmwater Shrimp From Vi-etnam
Preliminary Results, Partial Rescission, and Preliminary Determi-nation of No Shipments, of ADD Administrative Review; 2018-2019
A–475–818 Certain Pasta From Italy Preliminary Results of ADD Administrative Review; 2017-2018
A–583–854 Certain Steel Nails from Taiwan Preliminary Results of ADD Administrative Review; 2017-2018
A–580–878 Corrosion-Resistant Steel Products From S. Korea
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017-2018
C–533–825 Polyethylene Terephthalate Film, Sheet, and Strip From India
Preliminary Results and Partial Rescission of CVD Administrative Review; 2017
A–533–824 Polyethylene Terephthalate Film, Sheet, and Strip From India
Preliminary Results and Partial Rescission of ADD Administrative Review; 2017-2018
A–583–837 Polyethylene Terephthalate Film, Sheet, and Strip from Taiwan
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017-2018
A–552–814 Utility Scale Wind Towers From Vietnam Rescission of ADD Administrative Review; 2018-2019
A–570–010 Certain Crystalline Silicon Photovoltaic Prod-ucts From China
Rescission of ADD Administrative Review; 2018– 2019
A–549–822 Certain Frozen Warmwater Shrimp From Thai-land
Rescission of ADD Administrative Review; 2018–2019
C–122–868 C–560–834 C–552–826
Utility Scale Wind Towers From Canada, Indo-nesia, and Vietnam
Postponement of Preliminary Determinations of CVD Investigations
C–489–830 Steel Concrete Reinforcing Bar From Turkey Preliminary Results of CVD Administrative Review; 2017
A–489–829 Steel Concrete Reinforcing Bar From Turkey Preliminary Results of ADD Administrative Review; 2017-2018
A–570–088 C–570–089
Certain Steel Racks and Parts Thereof From China
Amended Final Affirmative ADD Determination and ADD Order; and CVD Order
C–560–831 Biodiesel From Indonesia Rescission of CVD Administrative Review; 2017-2018
A–570–053 A–570–073 C–570–054 C–570–074
Certain Aluminum Foil and Common Alloy Alu-minum Sheet From China
Notice of Initiation and Preliminary Determination of ADD and CVD Changed Circumstances Reviews
A–201–805 Certain Circular Welded Non-Alloy Steel Pipe From Mexico
Preliminary Results of ADD Administrative Review and Rescission of Review, in Part; 2017-2018
A–570–914 C–570–915
Light-Walled Rectangular Pipe and Tube From China
Notice of Court Decision Not in Harmony with Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court De-cision
A–588–874 Certain Hot-Rolled Steel Flat Products From Japan
Correction to Final Results of Antidumping Duty Changed Circum-stances Review
A–570–909 Certain Steel Nails From China Notice of Court Decision Not in Harmony with Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Cour
C–570–059 Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From China
Rescission of CVD Administrative Review; 2017-2018
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From China
Notice of Partial Rescission of ADD Administrative Review; 2017-2018
A–570–964 Seamless Refined Copper Pipe and Tube From China
Preliminary Results of ADD Administrative Review and Rescission of Review, in Part; 2017- 2018
A–570–910 Circular Welded Carbon Quality Steel Pipe From China
Final Results of ADD Administrative Review; 2017– 2018
A–570–909 Certain Steel Nails From China Final Results of ADD Changed Circumstances Review
A–201–820 Fresh Tomatoes From Mexico Suspension of ADD Investigation based on an agreement between Commerce and signatory producers/ exporters accounting for sub-stantially all imports of fresh tomatoes from Mexico
C–533–858 Oil Country Tubular Goods From India Final Results of the Expedited Sunset Review of the CVD Order
A–791–824 Acetone From South Africa Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination, and Extension of Provisional Measures
A–423–814 Acetone From Belgium Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination, and Extension of Provisional Measures
A–580–899 Acetone From S. Korea Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination, and Extension of Provisional Measures
A–570–010 Certain Crystalline Silicon Photovoltaic Prod-ucts From China
Notice of Court Decision Not in Harmony With Final Results of ADD Administrative Review and Notice of Amended Final Results of ADD Administrative Review
A–533–887 Carbon and Alloy Steel Threaded Rod From India
Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination, and Extension of Provisional Measures
A–570–104 Alloy and Certain Carbon Steel Threaded Rod From China
Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination, and Extension of Provisional Measures
A–583–865 Carbon and Alloy Steel Threaded Rod From Taiwan
Preliminary Affirmative Determination of Sales at LTFV
A–533–840 Certain Frozen Warmwater Shrimp From India Notice of Final Results of ADD Changed Circumstances Review
C–489–836 Dried Tart Cherries From Turkey Preliminary Affirmative CVD Determination
A–489–835 Dried Tart Cherries From Turkey Preliminary Affirmative Determination of Sales at LTFV
A–570–051 Hardwood Plywood Products From China Rescission of ADD New Shipper Review; 2019
A–823–815 Oil Country Tubular Goods From Ukraine Preliminary Results of the First Five-Year Sunset Review of the ADD Order
A–469–814 Chlorinated Isocyanurates From Spain Preliminary No Shipments Determination of ADD Administrative Review; 2018–2019
A–570–979 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China
Notice of Correction to the Final Results of the 2016–2017 ADD Administrative Revie
A–570–042 Stainless Steel Sheet and Strip From China Rescission of ADD Administrative Review; 2018–2019
A–533–824 Polyethylene Terephthalate Film Sheet, and Strip From India
Notice of Correction to the Notice of a Court Decision Not in Har-mony With the Final Results of the ADD Administrative Review, 2015-2016; and Notice of Amended Final Results of the ADD Ad-ministrative Review, 2015-2016
A–560–830 Biodiesel from Indonesia Rescission of ADD Administrative Review; 2017–2019
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United States International Trade Commission (USITC)
Inv. № Merchandise/Country Action
731–TA–1022 Refined Brown Aluminum Oxide from China
[THIRD REVIEW] Institution of a Five-Year Review
731–TA–747 Fresh Tomatoes From Mexico [FINAL] Revised Schedule for the Subject Investigation
731–TA–1424 Mattresses From China [FINAL] Revised Schedule for the Subject Investigation
701–TA–608 731– TA–1420
Steel Racks From China
[FINAL] Determinations that an industry in the United States is ma-terially injured by reason of imports that have been found Com-merce to be sold in the United States at LTFV, and to be subsi-dized by the government of China
731–TA–1455-1457 Polyethylene Terephthalate (PET) Sheet from Korea, Mexico, and Oman
[Preliminary] Determinations that there is a reasonable indication that an industry in the United States is materially injured by rea-son of imports from Oman and Korea, that are alleged to be sold in the United States at LTFV. The ITC further determines that im-ports from Mexico that are alleged to be sold in the United States at LTFV are negligible and its ADD investigation with regard to Mexico is thereby terminated.
731–TA–991 Silicon Metal From Russia [THIRD REVIEW] Notice of Commission Determination To Conduct a Full Five-Year Review
701–TA–615–617 731–TA–1432–1434
Fabricated Structural Steel From Canada, China, and Mexico
[FINAL] Scheduling of the Final Phase of CVD and ADD Investiga-tions
701–TA–499–500 731–TA–1215-1216, 1221–1223
Oil Country Tubular Goods From In-dia, Korea, Turkey, Ukraine, and Vi-etnam
[REVIEW] Notice of Commission Determinations To Conduct Full Five-Year Reviews
701–TA–417 731–TA–953, 957–959, and 961
Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago
[THIRD REVIEW] Notice of Commission Determinations To Conduct Full Five-Year Reviews
701–TA–455 731–TA–1149
Circular Welded Carbon Quality Steel Line Pipe From China
[SECOND REVIEW] Determinations that revocation of the CV and ADD orders would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a rea-sonably foreseeable time.
701-TA-566 731-TA-1342
Softwood Lumber from Canada [FINAL; REMAND] Notice of remand Proceedings
731–TA–1143 Small Diameter Graphite Electrodes From China
[SECOND REVIEW] Scheduling of a Full Five-Year Review
Canadian International Trade Tribunal (CITT)
Ref. Number Merchandise/Country Action
RR-2018-005 Dumping: certain circular copper tube originating in or exported from Brazil, Greece, China and S. Korea, and the subsidizing of those goods originating in or exported from China
Order and reasons issued
LE-2019-001 Dumping of certain carbon steel fasteners originating in or exported from the China and Chinese Taipei and the subsidizing of such prod-ucts originating in or exported from China
Revised notice of expiry of order
RR-2018-004 Dumping and subsidizing: Certian thermoelectric containers, originat-
ing in or exported from China Order and reasons issued in Expiry re-view
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Canada Border Services Agency (CBSA)
Ref. Number Merchandise/Country Action
SC OCTG1 2019 SP
Certain Seamless Casing and Oil Country Tubular Goods From China
Notice of Scope Ruling – Statement of Reasons
LP2 2018 UP1 Carbon and Alloy Steel Line Pipe From S. Korea Notice of Conclusion of Normal Value Review
OS 2019 RI
Certain Oil Country Tubular Goods (OCTG I & II) and Certain Seamless Casing originating in or ex-ported from the Separate Customs Territory of Tai-wan, Penghu, Kinmen and Matsu (Chinese Taipei), India, Indonesia, the Philippines, S. Korea, Thai-land, Turkey, Ukraine and Vietnam
Notice of Re-investigations
NAFTA Panels
Case Number Merchandise/Country Action
USA-CDA-2018-1904-03 Softwood Lumber from Canada Panel affirmed in part and remanded in part the Final Deter-mination by the USITC
Mexico - Ministry of Economy
Ref. № Merchandise/Country Action
EC 15/19 Grid (mesh) or galvanized fabric of carbon steel wire, in the form of a grid, originating in China
Beginning of administrative review
EC 16/19 Sheet steel plate originating in China Beginning of administrative review
EC 05/19 Covers of synthetic fibers of raschel fabric, printed, plain, with or without embroidery, with or without in-termediate wadding , of any size, originating in China
Conclusion of administrative review
European Union
Reference Merchandise/Country Action
(EU) 2019/1382 Certain steel products subject to safe-guard measures
Commission Implementing Regulation amending certain Regula-tions imposing anti-dumping or anti-subsidy measures
2019/C 314/06 Certain woven and/or stitched glass fi-bre fabrics originating in China and Egypt
Notice clarifying the notices of initiation of AD and anti-subsidy proceedings
2019/C 318/09 Ammonium nitrate originating in Russia Notice of initiation of an expiry review of the AD measures
(EU) 2019/1584 Peroxosulphates (persulphates) origi-nating in China
Commission Implementing Regulation initiating an investigation concerning possible circumvention of AD measures and making such imports subject to registration
2019/C 322/06 PSC wires and strands (certain pre- and post-stressing wires and strands) from China
Notice of the impending expiry of certain AD measures on 06-06-2020
(EU) 2019/1590 Certain steel products Commission Implementing Regulation amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures
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Australian Anti-Dumping Commission
Notice № Case №
Merchandise/Country Action
2019/121 517 Deep drawn stainless steel sinks – China Extension to SEF & Final Report
2019/119 525 Aluminium extrusions – Malaysia Initiation of an Accelerated Review
2019/118 Various New approved form for dumping and/or countervailing applications - 2019
2019/117 505 499
Hot rolled structural steel sections - Japan, Korea, Taiwan, Thailand
Extension of time granted to publish the Final Report
2019/116 Various Monthly Status Report - August 2019
2019/115 497 Aluminium extrusions – China Extension of time granted to issue Statement of Essen-tial Facts and Final Report
2019/114 509 Aluminium extrusions – Malaysia Further Extension of time to Issue SEF and Final Re-port
2019/112 524 Silicon metal – China Initiation of Continuation inquiry
2019/106 Hollow structural sections – Thailand Expiry of Measures for Hollow Structural Sections
2019/103 514 Aluminium extrusions – China Findings in Relation to an Accelerated Review
2019/101 496 Resealable can end closures - Malaysia, Philip-pines, Singapore
Findings from Review
Government of India Ministry of Finance (Department of Revenue)
Notification № Merchandise/Country Action
34/2019-Cus (ADD) 06-09-19
Melamine originating in or exported from China PR
Notifies rate of ADD imposed on New Shippers
35/2019-Cus (ADD) 06-09-19
Rescinds notification providing for provisional as-sessment of imported goods in New Shipper Re-view
36/2019-Cus (ADD) 14-09-19 Electrical Insulators of Glass or Ceramics/Porcelain,
whether assembled or unassembled originating in or exported from China PR
Rescinds notification imposing ADD
37/2019-Cus (ADD) 14-09-19
ADD imposed for a period of 5 years
3/2019-Cus (CVD) 17-09-19
Atrazine Technical originating in or exported from China PR
Imposes Countervailing Duty for a period of five years
4/2019-Cus (CVD) 17-09-19
Welded Stainless-Steel Pipes and Tubes originating in or exported from China PR and Vietnam
Imposes Countervailing Duty for a period of five years
38/2019-Cus (ADD) 25-09-19
High-Speed Steel of Non-Cobalt Grade originating in or exported from Brazil, China PR and Germany
ADD imposed for a period of 5 years
39/2019-Cus (ADD) 28-09-2019
Ductile iron pipes originating in or exported from China PR
Rescinds notification imposing ADD
Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
INITIATIONS
6/13/2019-DGTR 12-09-19
Textured Tempered Glass whether coated or un-coated originating in or exported from Malaysia
Initiates Anti-subsidy Investigation
6/20/2019-DGTR 18-09-19
Flexible Slabstock Polyol originating in or exported from the Kingdom of Saudi Arabia and United Arab Emirates (UAE)
Initiates AD Investigation
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Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
22/05/2019-DGTR 23-09-19
Import of Single Mode Optical Fibre into India Initiates Safeguard Investigation
6/25/2019-DGTR 24-09-19
Acrylic Fibre originating in or exported from Belarus, Ukraine, the European Union and Peru
Initiates AD Investigation
6/22/2019-DGTR 24-09-19
Electronic Calculators originating in or exported from Malaysia
Initiates AD Investigation
7/15/2019-DGTR 24-09-19
Electronic Calculators originating in or exported from China PR
Initiates Sunset Review of AD Investigation
6/23/2019-DGTR 24-09-19
Faced Glass Wool in Rolls originating in or exported from China PR
Initiates AD Investigation
ORAL HEARINGS
6/9/2019-DGTR 09-09-19
Multi Filament Yarn originating in or exported from China PR, Taiwan, Thailand and Korea RP
Schedules oral hearing in AD Investigation on 10 October, 2019
6/9/2019-DGTR 04-09-19
Coated/Plated Tin Mill Flat Rolled Steel Products origi-nating in or exported from the European Union, Japan, USA and Korea RP
Schedules oral hearing in AD Investigation on 30 September, 2019
6/9/2019-DGTR 16-09-19
Reschedules oral hearing in AD Investigation to 11 October, 2019
7/10/2019-DGTR 17-09-19
Sheet Glass originating in or exported from China PR
Schedules oral hearing in Sunset Review of AD In-vestigation on 30 September, 2019
6/12/2019-DGTR 18.09.2019
Flat Rolled Products of Stainless-Steel originating in or exported from China PR, Korea RP, European Union, Japan, Taiwan, Indonesia, USA, Thailand, South Af-rica, UAE, Hong Kong, Singapore, Mexico, Vietnam and Malaysia
Schedules oral hearing in AD Investigation on 15 October, 2019
7/12/2019-DGTR 18-09-19
Flexible Slabstock Polyol originating in or exported from Singapore
Schedules oral hearing in Sunset Review of AD In-vestigation on 16 October, 2019
22/4/2019-DGTR 24-09-19
Refined Bleached Deodorised Palmolein /Palm Oil into India from Malaysia under India-Malaysia Comprehen-sive Economic Cooperation Agreement (Bilateral Safe-guard Measures) Rules, 2017
Schedules oral hearing in Bilateral Safeguard In-vestigation on 21 October, 2019
FINAL FINDINGS
7/7/2018-DGAD 19-09-19
Jute Yarn/Twine (multiple folded/cabled and single), Hessian Fabric and Jute Yarn originating in or ex-ported from Bangladesh
Final findings issued in New Shipper Review
7/38/2018-DGTR 24-09-19
Saturated Fatty Alcohols originating in or exported from Indonesia, Malaysia, Thailand and Saudi Arabia
Final findings issued in New Shipper Review
OTHERS
7/10/2019-DGTR 03-09-19
Sheet Glass originating in or exported from China PR
Time for filing questionnaire response in Sunset Review of AD Investigation extended until 18 Sep-tember, 2019
6/9/2019-DGTR 04-09-19
Multi Filament Yarn originating in or exported from China PR, Taiwan, Thailand and Korea RP
Product Control Number (PCN) Methodology adopted issued in AD Investigation and time for fil-ing questionnaire response extended until 20 Sep-tember, 2019
6/9/2019-DGTR 04-09-19
Coated/Plated Tin Mill Flat Rolled Steel Products origi-nating in or exported from the European Union, Japan, USA and Korea RP
Time for filing questionnaire response in AD Inves-tigation extended until 21 September, 2019
6/10/2019-DGTR 13-09-19
Polystyrene of all types except expandable Polysty-rene from Iran, Malaysia, Singapore, Chinese Taipei, UAE and USA
Time for filing questionnaire response in AD Inves-tigation extended until 18 September, 2019
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Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
6/12/2019-DGTR 13-09-2019
Flat Rolled Products of Stainless-Steel originating in or exported from China PR, Korea RP, European Union, Japan, Taiwan, Indonesia, USA, Thailand, South Af-rica, UAE, Hong Kong, Singapore, Mexico, Vietnam and Malaysia
Time for filing questionnaire response in AD Inves-tigation extended until 30 September, 2019
22/03/2019-DGTR 18-09-2019
Phenol imported into India Time for filing questionnaire response in Safe-guard Investigation extended until 15 October, 2019
7/9/2019-DGTR 18-09-2019
Acetone originating in or exported from Korea RP, Tai-wan and Saudi Arabia
Time for filing questionnaire response in Sunset review of AD Investigation extended until 14 Octo-ber, 2019
Textured Tempered Glass whether coated or un-coated originating in or exported from Malaysia
Questionnaire forms issued for Importers, Govern-ment and Exporters
Importer's Questionnaire Government's Questionnaire Exporter’s Questionnaire
7/12/2019-DGTR 23-09-2019
Flexible Slabstock Polyol originating in or exported from Singapore
Time for filing questionnaire response in Sunset Review of AD Investigation extended until 14 Oc-tober, 2019
6/15/2019-DGTR 30-09-2019
Clear Float Glass originating in or exported from Ma-laysia
Time for filing questionnaire response in AD Inves-tigation extended until 21 October, 2019
Trade Notice 03/2019
30-09-2019
Launch of Applications for Remedies in Trade for Indian Industry and other Stakeholders (ARTIS) for Online filing of AD Applications
Argentina Ministry of Production and Labor – Secretary of Foreign Trade
Ref. Number Merchandise/Country Action
Res. 774/2019 RESOL-2019-774-APN-MPYT
Certain mechanical and digital microwave ov-ens originating in China
Closing of the examination due to the expiration of the term and change of circumstances of the measure and setting minimum FOB prices
Opportunity to Request Administrative Review
In a September 3, 2019 Federal Register notice, the US Department of Com-
merce announced that it will receive requests to conduct administrative reviews
of various antidumping (AD) and countervailing duty (CVD) orders and findings
with September anniversary dates:
AD/CVD Proceedings - Country/ Merchandise Case No. Period
Antidumping Duty Proceedings
BELARUS: Steel Concrete Reinforcing Bars A–822–804 9/1/18–8/31/19 BRAZIL: Cold-Rolled Steel Flat Products A–351–843 9/1/18–8/31/19 Emulsion Styrene-Butadiene Rubber A–351–849 9/1/18–8/31/19 INDIA: Cold-Rolled Steel Flat Products A–533–865 9/1/18–8/31/19 Lined Paper Products A–533–843 9/1/18–8/31/19 Oil Country Tubular Goods A–533–857 9/1/18–8/31/19 INDONESIA: Steel Concrete Reinforcing Bars A–560–811 9/1/18–8/31/19 JAPAN: Stainless Steel Wire Rod A–588–843 9/1/18–8/31/19 LATVIA: Stainless Concrete Reinforcing Bars A–449–804 9/1/18–8/31/19
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AD/CVD Proceedings - Country/ Merchandise Case No. Period
MEXICO: Emulsion Styrene-Butadiene Rubber A–201–848 9/1/18–8/31/19 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes A–201–847 9/1/18–8/31/19 Magnesia Carbon Bricks A–201–837 9/1/18–8/31/19 MOLDOVA: Steel Concrete Reinforcing Bars A–841–804 9/1/18–8/31/19 POLAND: Emulsion Styrene-Butadiene Rubber A–455–805 9/1/18–8/31/19 Steel Concrete Reinforcing Bars A–455–803 9/1/18–8/31/19 S. KOREA: Cold-Rolled Steel Flat Products A–580–881 9/1/18–8/31/19 Emulsion Styrene-Butadiene Rubber A–580–890 9/1/18–8/31/19 Heavy Walled Rectangular Welded Carbon Pipes and Tubes A–580–880 9/1/18–8/31/19 Oil Country Tubular Goods A–580–870 9/1/18–8/31/19 Stainless Steel Wire Rod A–580–829 9/1/18—8/31/19 SR of VIETNAM: Oil Country Tubular Goods A–552–817 9/1/18–8/31/19 TAIWAN: Forged Steel Fittings A–583–863 5/17/18–8/31/19 Narrow Woven Ribbons With Woven Selvedge A–583–844 9/1/18–8/31/19 Raw Flexible Magnets A–583–842 9/1/18–8/31/19 Stainless Steel Wire Rod A–583–828 9/1/18–8/31/19 PR of CHINA: Foundry Coke A–570–862 9/1/18—8/31/19 Freshwater Crawfish Tailmeat A–570–848 9/1/18–5/15/19 Kitchen Appliance Shelving and Racks A–570–941 9/1/18–8/31/19 Lined Paper Products A–570–901 9/1/18–8/31/19 Magnesia Carbon Bricks A–570–954 9/1/18–8/31/19 Narrow Woven Ribbons With Woven Selvedge A–570–952 9/1/18–8/31/19 New Pneumatic Off-the-Road Tires A–570–912 9/1/18–2/3/19 Raw Flexible Magnets A–570–922 9/1/18–8/31/19 Steel Concrete Reinforcing Bars A–570–860 9/1/18—8/31/19 TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes A–489–824 9/1/18–8/31/19 Oil Country Tubular Goods A–489–816 9/1/18–8/31/19 UKRAINE: Steel Concrete Reinforcing Bars A–823–809 9/1/18–8/31/19 UNITED KINGDOM: Cold-Rolled Steel Flat Products A–412–824 9/1/18–8/31/19
Countervailing Duty Proceedings
BRAZIL: Cold-Rolled Steel Flat Products C–351–844 1/1/18–12/31/18 INDIA: Cold-Rolled Steel Flat Products C–533–866 1/1/18–12/31/18 Lined Paper Products C–533–844 1/1/18–12/31/18 Oil Country Tubular Goods C–533–858 1/1/18–12/31/18 S. KOREA: Cold-Rolled Steel Flat Products C–580–882 1/1/18–12/31/18 PR of CHINA: Kitchen Appliance Shelving and Racks C–570–942 1/1/18–12/31/18 Magnesia Carbon Bricks C–570–955 1/1/18–12/31/18 Narrow Woven Ribbons With Woven Selvedge C–570–953 1/1/18–12/31/18 Raw Flexible Magnets C–570–923 1/1/18–12/31/18 TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes C–489–825 1/1/18–12/31/18 Oil Country Tubular Goods C–489–817 1/1/18–12/31/1
Suspension Agreements
None
Requested Reviews
In a September 9, 2019 Federal Register notice, the US Department of Com-
merce announced that it has received timely requests to conduct administrative
reviews of various antidumping and countervailing duty orders and findings with
July anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise Case No. Period
Antidumping Duty Proceedings
Editor, International Trade Compliance Update
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 stuart.seidel@bakermckenzie.com
This may qualify as “Attorney Ad-vertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowl-edgements on the last page
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AD/CVD Proceedings - Country/ Merchandise Case No. Period
BELGIUM: Citric Acid and Certain Citrate Salts A-423-813 1/8/18 - 6/30/19 CANADA: Polyethylene Terephthalate Resin A-122-855 5/1/18 - 4/30/19 COLOMBIA: Citric Acid and Certain Citrate Salts A-301-803 1/8/18 - 6/30/19 INDIA: Fine Denier Polyester Staple Fiber A-533-875 1/5/18 - 6/30/19 Polyethylene Terephthalate (PET) Film A-533-824 7/1/18 - 6/30/18 MALAYSIA: Certain Steel Nails A-557-816 7/1/18 - 6/30/19 OMAN: Certain Steel Nails A-523-808 7/1/18 - 6/30/19 S. KOREA: Certain Steel Nails A-580-874 7/1/18 - 6/30/19 Corrosion-Resistant Steel Products A-580-878 7/1/18 - 6/30/19 SR of VIETNAM: Certain Steel Nails A-552-818 7/1/18 - 6/30/19 SPAIN: Finished Carbon Steel Flanges A-469-815 6/1/18 - 5/31/19 TAIWAN: Certain Steel Nails A-583-854 7/1/18 - 6/30/19 Corrosion-Resistant Steel Products A-583-856 7/1/18 - 6/30/19 Polyethylene Terephthalate (PET) Film A-583-837 7/1/18 - 6/30/19 THAILAND: Citric Acid and Certain Citrate Salts A-549-833 1/1/18 - 6/30/19 PR of China: Aluminum Extrusions A-570-967 5/1/18 - 4/30/19 Carbon Steel Butt-Weld Pipe Fittings A-570-814 7/1/18 - 6/30/19 Certain Cold-Rolled Steel Flat Products A-570-029 7/1/18 - 6/30/19 Circular Welded Carbon Quality Steel Pipe A-570-910 7/1/18 - 6/30/19 Corrosion-Resistant Steel Products A-570-026 7/1/18 - 6/30/19 Monosodium Glutamate A-570-992 11/1/17 - 10/31/18 Xanthan Gum A-570-985 7/1/18 - 6/30/19 TURKEY: Steel Concrete Reinforcing Bar A-489-829 7/1/18 - 6/30/19 VENEZUELA: Silicomanganese A-307-820 5/1/18 - 4/30/19
Countervailing Duty Proceedings
INDIA: Polyethylene Terephthalate (PET) Film C-533-825 1/1/18 - 12/31/18 ITALY: Certain Pasta C-475-819 1/1/18 - 12/31/18 S. KOREA: Corrosion-Resistant Steel Products C-580-879 1/1/18 - 12/31/18 SR of VIETNAM: Certain Steel Nails C-552-819 1/1/18 - 12/31/18 PR of CHINA: Aluminum Extrusions C-570-968 1/1/18 - 12/31/18 Certain Cold-Rolled Steel Flat Products C-570-030 1/1/18 - 12/31/18 Circular Welded Carbon Quality Steel Pipe C-570-911 1/1/18 - 12/31/18 Corrosion-Resistant Steel Products C-570-027 1/1/18 - 12/31/18 Cold-Drawn Mechanical Tubing18 C-570-059 9/25/17 - 12/31/18 TURKEY: Steel Concrete Reinforcing Bar C-489-830 1/1/18 - 12/31/18
Suspension Agreements
None
Initiation of Sunset Reviews
In a September 10, 2019, Federal Register notice, the US Department of Com-
merce advised that it was automatically initiating a five-year (“Sunset”) review of
the antidumping and countervailing duty orders listed below.
AD/CVD DOC Case
No. ITC Case No. Country Merchandise
A-570-882 731-TA-1022 China Refined Brown Aluminum Oxide (3rd Rev.)
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Advance Notification of Sunset Reviews
In a September 3, 2019, Federal Register notice, the US Department of Com-
merce advised that the following cases were scheduled for five-year (“Sunset”)
reviews for October 2019.
AD/CVD Proceedings - Merchandise/Country Case No.
Antidumping Duty Proceedings
Monosodium Glutamate from China A–570–992 (1st Review) Monosodium Glutamate from Indonesia A–560–826 (1st Review) Steel Concrete Reinforcing Bar from Mexico A–201–844 (1st Review) Certain Frozen Fish Fillets from Vietnam A–552–801 (3rd Review)
Countervailing Duty Proceedings
Chlorinated Isocyanurates from China C–570–991 (1st Review) Steel Concrete Reinforcing Bar from Turkey C–489–819 (1st Review) .
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in October 2019
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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
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This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
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