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(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
The Americas - Central America
The Americas - North America
The Americas - South America
Europe, Middle East and North Africa
Trade compliance enforcement actions - import, export, IPR, FCPA
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifications
Amendments to the CN Explanatory Notes
Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews
Editor, International Trade Compliance Update
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
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Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source may usually be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered.
The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law.
UN Security Council (UNSC) Resolution 2368 (2017) adopted on 20 July 2017 reiterates its "unequivocal condemnation" of the Islamic State in Iraq and the Levant (ISIL, also known as Da'esh), Al-Qaida, and associated individuals, groups, undertakings, and entities for ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent civilians and other victims, destruction of property, and greatly undermining stability. The Resolution calls upon all states to impose the measures imposed by paragraph 8 (c) of UNSC Resolution 1333 (2000), paragraphs 1 and 2 of UNSC Resolution 1390 (2002), and paragraphs 1 and 4 of UNSC Resolution 1989 (2011). These measures include an asset freeze, travel ban, and an arms embargo.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
The resolution also sets forth the listing criteria and clarifies that the obligation in paragraph 1 (d) of UNSC Resolution 1373 (2001) applies to making funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a link to a specific terrorist act.
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
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Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
The Resolution also adds eight names to the sanctions list, set forth the responsibilities of the Monitoring Team established pursuant to paragraph 7 of UNSC Resolution 1526 (2004), (which is extended for 24 months) and the authorized tasks of the Office of the Ombudsperson, established by UNSC Resolution 1904 (2009), upon receipt of a delisting request submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL (Da'esh) & Al-Qaida Sanctions List or by the legal representative or estate of such individual, group, undertaking or entity.
WTO members review three regional trade agreements
The WTO announced that members reviewed three Regional Trade Agreements (RTAs) at a meeting on 29 June as part of their efforts to increase understanding of how these RTAs relate to WTO rules and impact members as well as the multilateral trade agenda. Members considered the Korea-Viet Nam Free Trade Agreement, the Deep and Comprehensive Free Trade Area between the European Union and Ukraine, and the Georgia-Russia Free Trade Agreement at the meeting of the Committee on Regional Trade Agreements (CRTA). They also discussed the issue of notifications of RTAs.
General Council approves Trade Policy Review mechanism
On 26 July 2017, the WTO announced that The WTO General Council approved landmark reforms to the Trade Policy Review Mechanism (TPRM) to improve the process of reviewing members' trade policies and practices and the monitoring of the global trading environment. This WTO said that the consensus decision to amend the TPRM for the first time since its establishment in 1989 demonstrates members' continued success in enhancing the workings of the WTO.
The Trade Policy Review Body (TPRB) agreed on 27 January 2017 to submit the proposal to the General Council to amend the TPRM as contained in Annex 3 to
International Trade Compliance Update | August 2017
the Marrakesh Agreement Establishing the WTO. Following approval by the General Council, the amendment has been officially incorporated into the WTO Agreement, pursuant to paragraph 8 of Article X of the Marrakesh Agreement.
Trade Policy Review: European Union, Brazil
The thirteenth review of the trade policies and practices of the European Union took place on 5 and 7 July 2017. The basis for the review was a report by the WTO Secretariat and a report by the European Union.
The seventh review of the trade policies and practices of Brazil took place on 17 and 19 July 2017. The basis for the review is a report by the WTO Secretariat and a report by the Government of Brazil
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):
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines (Recourse to Art 21.5 DSU by Philippines)
European Union -- Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan (Complainant: Pakistan)
Activity Second request for consultations regarding implementation
Member countries of the WTO are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of "notifications" to all Member countries. See separate section on WTO TBT Notifications for a table which summarizes notifications posted by the WTO during the past month.
Announcements and news releases [dd-mm-yy]
04-07-17 06-07-17 07-07-17
Successful Workshop for Vanuatu Customs and 6 other Pacific Islands in the area of the Revised Kyoto Convention (RKC)
Successful Leadership and Management workshop for Cambodia Customs and Excise Department A new Agreement for the national implementation of e-learning
WCO-Japan Career Development Programme Alumni Reunion commences at WCO Headquarters First global workshop for Mercator Programme Advisors successfully concluded in Brussels WCO meeting with the Private Sector Consultative Group
International Trade Compliance Update | August 2017
08-07-17 10-07-17 11-07-17 12-07-17 13-07-17
17-07-17 18-07-17 19-07-17 24-07-17
WCO Council agrees on the road ahead at the conclusion of its 2017 annual sessions
WCO launches new Transit Guidelines at the Global Conference on Transit WCO and OTIF sign a Memorandum of Understanding
Updated Customs Laboratory Guide, based on the Revenue Package Phase III Action Plan, is now available Highlights of the WCO Global Conference on Transit
WCO supports the Regional Training Centre in Kenya The WCO conducts training on Operations Planning in Gabon
WCO and WTO agree to continue their successful collaboration at the 6th Global Review of Aid for Trade WCO talks trade facilitation and e-commerce at the 6th Global Review of Aid for Trade
WCO-Japan Career Development Programme 2016/2017 Completion WCO welcomes 2017 G20's recognition of its work on Illicit Financial Flows
Afghan President commits to WCO Programme in support of Customs reform Pakistan Customs keen to make progress on regional cooperation and Customs reform
WCO welcomes India's progress with its National Trade Facilitation Action Plan The Revised Kyoto Convention now has 111 Contracting Parties, following the accession of Burkina Faso
The Revised Kyoto Convention now has 112 Contracting Parties, following the accession of Tunisia Nigeria benefits from the first mission of the "Customs for Relief of Epidemic Diseases" (C-RED) Project First national launch ceremony for the WCO Security Project held in Bangladesh
Political support for Brunei Customs reform in view of improving the business environment Philippines Bureau of Customs initiates modernisation for Manila Port Development WCO attends the VII International Scientific and Practical Conference on the problems of expert activities
The WCO supports Burundi to strengthen public-private partnership dialogue related to the AEO Programme The WCO and the World Bank Group jointly support Burundi to initiate the roll out of its Authorized Economic Operator Programme Project Management support for Lebanese Customs
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties:
22-07-17 28-07-17 31-07-17
2017/050 ANIMALS COMMITTEE Filling vacancies for a representative of the Asian region and an alternate representative of the European region 2017/051 Secretary-General's Certificate of Commendation 2017/052 CUBA Security stamps 2017/053 LESOTHO Withdrawal of a recommendation to suspend trade
International Trade Compliance Update | August 2017
2017/054 Master's course on Management and Conservation of Species in Trade: the International Framework
Annex 1: Announcement Annex 2: Enrolment Form Annex 3: Application for scholarship Annex 4: Instructions for using the Europass curriculum vitae
The Americas - Central America
Guatemala-Honduras Customs Union commences, other countries to join
On June 26, 2017, the Customs Union between Guatemala and Honduras entered into force. The Union uses the Central American Single Invoice and Statement (Fyduca) as an export document and invoice at the same time. This document supports the payment of taxes in the country of destination and compliance with non-tax requirements (notification of sanitary and phytosanitary measures, for example).
Single Window for Exports (VUPE) procedures will continue to operate normally for exports and will be supporting companies with information on the implementation of new documents and procedures.
The governments of Nicaragua and El Salvador have started the observation process, a step in the process to join the Customs Union which is being referred to as the Central American Customs Union. On July 27, 2017, the Salvadoran Ministry of Finance reported that tri-national meetings have been held with representatives from Guatemala and Honduras at the Secretariat of Central American Economic Integration (SIECA), located in Guatemala City, to learn how the Union addresses tariffs, customs, internal taxes, agriculture, migration, origin and air transport. The Salvadoran Ministry of Finance reported on July 28, 2017 that technical meetings were held internally in which the Directorates of Customs and Internal Taxes, among other entities participated to design a road map for El Salvador joining the Union.
CT/073/2017 Modification of the Central American Tariff System (SAC) version applicable to Nicaragua [affects Heading 39.23]
Nicaraguan Classification Resolutions (Customs Rulings)
The Direccin General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to the present available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano.
International Trade Compliance Update | August 2017
The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial Digital (Official Gazette Digital) during the period of coverage:
Commerce & Industries: Exec. Decree 84 (30-06-17) which incorporates goods subject to the special fiscal and customs system of the Colon Free Port
The Americas - North America
Canada signs MRA regarding trusted trader programs with Israel and Australia
The Canada Border Services Agency (CBSA) announced the signing of a Mutual Recognition Arrangement (MRA) with Australia's Department of Immigration and Border Protection (DIBP) and a separate one with the Israel Tax Authority (ITA) regarding their respective Trusted Trader programs.
The announcements said that Trusted Trader programs enhance the security and integrity of the global supply chain through the establishment of customs to business partnerships and by providing streamlined border processes to preapproved, low-risk traders.
This MRA signifies that the CBSA's Partners in Protection (PIP) program members will be recognized by, and receive trade facilitation benefits from, the DIBP and the ITA. The CBSA will reciprocate by providing similar benefits to members of the Australian and Israeli Trusted Trader programs.
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)
Environment: Ministerial Condition No. 19027 (Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999) (N)
Environment: Order 2017-66-05-02 Amending the Non-domestic Substances List pursuant to subsection 66(2) of the Canadian Environmental Protection Act, 1999 (N)
Royal Assent (June 19, 2017) An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements) (Bill S-233, chapter 11, 2017)
Royal Assent (June 22, 2017) An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury (Bill C-238, chapter 16, 2017)
Foreign Affairs: Order Amending the Area Control List (SOR/2017-138, June 20, 2017) pursuant to the Export and Import Permits Act (O)
International Trade Compliance Update | August 2017
Finance: Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations (SOR/2017-144, June 20, 2017) pursuant to section 40 of the Canadian International Trade Tribunal Act (R) Finance: Regulations Amending the Canadian International Trade Tribunal Regulations and the Canadian International Trade Tribunal Procurement In-
quiry Regulations (SOR/2017-143, June 20, 2017) pursuant to section 40 of the Canadian International Trade Tribunal Act (R)
Finance: CUFTA Rules of Origin for Casual Goods Regulations (SOR/2017-140, June 20, 2017) pursuant to subsection 16(2) of the Customs Tariff (R) Finance: CUFTA Rules of Origin Regulations (SOR/2017-141, June 20, 2017) pursuant to subsection 16(2) of the Customs Tariff (R) Finance: CUFTA Tariff Preference Regulations (SOR/2017-142, June 20, 2017) pursuant to subsection 16(2) of the Customs Tariff (R)
Environment: Order 2017-66-05-01 Amending the Domestic Substances List (SOR/2017-148, June 23, 2017) pursuant to subsection 66(1) of the Canadian Environmental Protection Act, 1999 (O) Environment: Order 2017-87-05-01 Amending the Domestic Substances List (SOR/2017-149, June 23, 2017) pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (O)
Environment: Order 2017-112-05-01 Amending the Domestic Substances List (SOR/2017-150, June 23, 2017) pursuant to 112(1) of the Canadian Environmental Protection Act, 1999 (O)
Foreign Affairs: Order Amending the Export Control List (SOR/2017-139, June 20, 2017) pursuant to the Export and Import Permits Act (O) Health: Regulations Amending the Food and Drug Regulations (Importation of Drugs for an Urgent Public Health Need) (SOR/2017-133, June 20, 2017) pursuant to the Food and Drugs Act (R) Finance: Regulations Amending the General Preferential Tariff and Least Developed Country Tariff Rules of Origin Regulations (SOR/2017-127, June 20, 2017) pursuant to subsection 16(2) of the Customs Tariff International Trade: Order Fixing August 1, 2017 as the Day on which the Act Comes into Force (SI/2017-37, July 12, 2017) CanadaUkraine Free Trade Agreement Implementation Act [fixes August 1, 2017] (O) Health: Order Fixing the Day on which this Order is made as the Day on which Section 12 of the Act Comes into Force (SI/2017-33, July 12, 2017) - An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation
Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the
Pest Control Products Act and the Canada Consumer Product Safety Act and
to make related amendments to another Act (O)
Environment: Order Amending Schedule 1 to the Species at Risk Act (SOR/2017-130, June 20, 2017) pursuant to subsection 27(1) of the Species at Risk Act (O)
Transport: Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016)(SOR/2017-137, June 20, 2017) pursuant to the Transportation of Dangerous Goods Act, 1992 (R) Finance: Proposed CETA Rules of Origin Regulations (PR)
Finance: Proposed CETA Rules of Origin for Casual Goods Regulations (PR) Finance: Proposed CETA Tariff Preference Regulations (PR)
Finance: Proposed Order Amending the Schedule to the Customs Tariff (Extension of the Canada-European Union Tariff
Finance: Proposed Regulations Defining "EU country or other CETA beneficiary" (PR) Finance: Proposed Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations (PR) [CETA related]
Finance: Proposed Regulations Amending the Vessel Duties Reduction or
International Trade Compliance Update | August 2017
Removal Regulations (PR) [CETA related] Foreign Affairs Trade and Development (DFATD): Proposed Export Allocations Regulations (PR) [CETA related] DFATD: Proposed Export Permits Regulations (Non-strategic Products) (PR) [CETA related]
DFATD: Proposed Order Amending the Export Control List [CETA related] DFATD: Proposed Order Amending the Import Control List [CETA related] DFATD: Proposed: Regulations Amending the Export Permits Regulations (PR) [CETA related] Health: Proposed Regulations Amending the Pest Control Products Regulations (Test Data Protection) (PR) [CETA related] Transport: Proposed Regulations Specifying Territories and Indicating International Registers (PR) [CETA related] Environment/Health: Publication after screening assessment of four thiols specified on the Domestic Substances List [paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999] (N)
Environment/Health: Publication after screening assessment of two arenes -- benzene, (1-methylethyl) (cumene), CAS RN 51 98-82-8, and
benz[a]anthracene, 7,12-dimethyl- (DMBA), CAS RN 57-97-6 -- specified
on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N)
Environment/Health: Publication after screening assessment of 57 substances specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) Environment: Ministerial condition pursuant to Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999 [bisphenol dicyanate] Health: Proposed Regulations Amending Schedules 2 to 4 to the Human Pathogens and Toxins Act (PR)
The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website.
Foreign Affairs: Order Accepting the Recommendation of the Minister of Foreign Affairs Concerning the Two-year Review of the List of State Sup-
The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.
No new advance rulings were posted by the CBSA during the past month.
International Trade Compliance Update | August 2017
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.)
Date 07-05-17 07-11-17 07-12-17
CN 17-22 D9-1-15 CN 17-23
D14-1-9 CN 17-24 CN 17-25
Residential Status of Travellers Arriving in Canada (Revised) Interim Process for Electronic House Bills Canada Border Services Agency's Policy on the Classification of Hate Propaganda, Sedition and Treason (Revised) Implementation of the CanadaUkraine Free Trade Agreement (CUFTA) Information Pertaining to the Acceptance, Enforcement and Renewal of Undertakings in Dumping and Subsidy Investigations (Revised) Highway Sufferance Warehouse Closure (Sydney, Nova Scotia) Proposed Regulatory Amendments and Proposed New Regulations Related to the Implementation of the Canada-Ukraine Free Trade Agreement (CUFTA) Changes to the Canada Border Services Agency Policies Respecting the Importation and Transportation of Goods (Delivery Requirements of Consolidated Cargo to Type CW Sufferance Warehouses) (Revised)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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.)
07-04-17 07-07-17 07-10-17 07-18-17
Hacienda: Resolution that modifies the general provisions for the certification of independent external auditors , compliance officers and other professionals in the prevention of operations with resources of illicit origin and financing of terrorism.
Energy: Standard NOM-021-ENER / SCFI-2017, energy efficiency and user safety requirements in air conditioning room type. Boundaries, testing and labeling methods.
Economy: Draft Official Mexican Standard PROY-NOM-205-SCFI-2016, Infant Products-Operation of high chairs for infant safety-Specifications and test methods.
General Health Council: Acuerdo by which the N-phenethyl-4-piperidone substances (NPP) and 4-anilino-N-phenethylpiperidine is added (ANPP), the classification list in Section I, Article 4, Act refers to Federal for the Control of Chemical Precursors, Essential Chemicals and Machines for Making Capsules, Tablets and / or Tablets; and are considered narcotic drugs included in
International Trade Compliance Update | August 2017
article 234 of the General Health Law
Economy: Acuerdo announcing Decision No. 89 of the Administrative Commission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on June 30, 2017.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE; FR=FINAL RULE; DFR= DIRECT FINAL RULE; PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR; IR=INTERIM RULE; 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; DED= DELAYED EFFECTIVE DATE. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.]
During the past month, President Trump signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities (Documents with * next to the date have not yet been published in the Federal Register):
07-14-17 07-20-17 07-21-17 07-25-17 07-26-17 07-31-17
Memorandum of June 29, 2017 - Delegation of Authority Under the Department of State Authorities Act, Fiscal Year 2017
Memorandum of June 29, 2017 - Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 1998
Executive Order 13804 of July 11, 2017 - Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13761 Notice of July 19, 2017 Continuation of the National Emergency with Respect to Transnational Criminal Organizations [Withdrawn and replaced by July 20 Notice, below]
Notice of July 20, 2017 Continuation of the National Emergency With Respect to Transnational Criminal Organizations [Withdraws and replaces July 19 Notice, above]
Executive Order 13805 of July 19, 2017 - Establishing a Presidential Advisory Council on Infrastructure
Executive Order 13806 of July 21, 2017 - Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States
Notice of July 28, 2017 -- Continuation of the National Emergency With Respect to Lebanon
President Signs Iran, Russia, and North Korea Sanctions Bill
On August 2, 2017, the President signed into law the Countering America's Adversaries Through Sanctions Act ("CAATSA"), a bill that he called "seriously flawed" in a statement about CAATSA issued at the same time he signed the bill.
International Trade Compliance Update | August 2017
As discussed in our prior blog posts here, here, and here, CAATSA calls for the imposition of certain additional sanctions targeting Iran, Russia, and North Korea. The timing and implementation of many of these sanctions remains uncertain. While some provisions in CAATSA require the President to implement the sanctions within a prescribed period of time (e.g., the modifications to Directives 1 and 2 under US Sectoral Sanctions will take effect 60 days after the US Treasury Department's Office of Foreign Assets Control ("OFAC") modifies them), others do not and will require implementing action by the Executive Branch (e.g., designation of parties targeted under CAATSA). In addition, it remains to be seen whether or how the President will implement CAATSA's discretionary provisions, including sanctions targeting Russian energy export pipelines.
The principal Russian sanctions provisions are as follows:
Restrictions on President's Authority to Relax Sanctions. Efforts by the President to relax, suspend, or terminate the Russia-related sanctions currently in effect will be subject to mandatory review by Congress.
Codification of Existing Russia Sanctions. CAATSA will codify the Russia-related sanctions currently in effect under Executive Orders 13660, 13661, 13662, 13685, 13694, and 13757, including sanctions against parties designated pursuant to those Executive Orders to date (i.e., those currently designated to the Specially Designated Nationals and Blocked Persons List ("SDN List") or under the sectoral sanctions).
Tightening of Existing Sectoral Sanctions. CAATSA will modify the Russian sectoral sanctions implemented by OFAC pursuant to Executive Order 13662. This includes:
Directive 1 will be modified to prohibit dealings by US Persons in new debt of longer than 14 days maturity (down from 30 days) of Russian financial institutions designated pursuant to this directive.
Directive 2 will be modified to prohibit dealings by US Persons in new debt of longer than 60 days maturity (down from 90 days) of Russian energy companies designated pursuant to this directive.
Directive 4 will be expanded to prohibit the provision by US Persons of goods, non-financial services, or technology in support of exploration or production for "new" deepwater, Arctic offshore, or shale projects that have the potential to produce oil anywhere in the world (i.e., no longer limited to Russia) and in which a Directive 4 entity has a 33 percent or greater ownership interest.
Imposition of Additional/New Secondary Sanctions. This includes:
Secondary Sanctions that Apply to Non-US Persons.
Mandatory sanctions on non-US persons that knowingly make significant investments in "special Russian crude oil projects" (projects intended to extract crude oil from the exclusive economic zone of Russia in waters more than 500 feet deep, Russian Arctic offshore locations, or shale formations located in Russia).
Mandatory correspondent banking restrictions on non-US financial institutions that knowingly engage in significant transactions involving activities related to the sale of defense articles to Syria or "special Russian crude oil projects" or knowingly facilitate significant transactions with SDNs.
Mandatory sanctions on Russian government officials and their close associates and family members for acts of "significant corruption" in Russia or elsewhere.
International Trade Compliance Update | August 2017
Mandatory sanctions for non-US persons involved in serious human rights abuses in any territory forcibly occupied or otherwise controlled by the Russian government.
Mandatory sanctions on non-US persons that export or transfer to Syria significant financial, material, or technological support that contributes materially to the Syrian government's ability to acquire weapons and other defense articles.
Secondary Sanctions that Apply to US and Non-US Persons. Notably, a novel aspect of some of these secondary sanctions provisions is that they may apply to activities by US Persons that are not necessarily prohibited under US law. In other words, assuming no violations of other US laws, companies that engage in some of the activities described below will not necessarily be liable for civil or criminal penalties under US law, but may nonetheless be at risk for the imposition of secondary sanctions.
Mandatory sanctions with respect to any person that knowingly engages in activities that undermine cybersecurity "against any person, including a democratic institution, or government" on behalf of the Russian government.
Mandatory sanctions on foreign sanctions evaders, i.e., persons facilitating significant deceptive or structured transactions (related to currency reporting) for or on behalf of any person subject to the Russia-related sanctions or any child, spouse, parent, or sibling of a sanctioned person.
Mandatory sanctions on parties knowingly engaging in significant transactions with the intelligence or defense sectors of the Russian government, including persons acting for the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation ("GRU") or the Federal Security Service of the Russian Federation ("FSB"). CAATSA authorizes the President to delay the imposition of such sanctions, however, if certain conditions are met.
Discretionary sanctions related to Russian energy export pipelines, targeting parties that (i) knowingly make an investment that directly and significantly contributes to the enhancement of the ability of Russia to construct energy export pipelines, or (ii) sell, lease, or provide to Russia goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of the construction, modernization, or repair of energy pipelines, and where the investment or transaction has a fair market value of $1,000,000 or more, or that, during a 12-month period, has an aggregate fair market value of $5,000,000 or more. These sanctions are to be imposed (if at all) "in coordination with allies of the United States."
Mandatory sanctions related to investments in, or facilitation of investments in, the privatization of Russia's state-owned assets for $10,000,000 or more (or any combination of investments of not less than $1,000,000 each, which in the aggregate equals or exceeds $10,000,000 in any 12-month period), if the investment contributes to Russia's ability to privatize state-owned assets in a manner that unjustly benefits Russian government officials or their close associates or family members.
We summarized the key Iranian and North Korean sanctions in our prior blog posts, which remain current and are reproduced for reference below:
Mandatory blocking sanctions on any person that knowingly contributes to Iran's ballistic missile program, who are officials, agents or affiliates of the Islamic Revolutionary Guard Corps, or who knowingly supply or support the supply of arms,
International Trade Compliance Update | August 2017
combat vehicles, etc., to Iran or provide related technical training or services to Iran.
Designation of persons responsible for human rights violations in Iran.
Requires the President to designate to the SDN List persons that engage in certain North Korea-related activities that are prohibited under UN Security Council resolutions.
Provides the President with discretionary authority to designate persons to the SDN List that engage in certain activities involving North Korea, including:
Purchasing significant types or amounts of textiles from the Government of North Korea,
Selling or transferring significant amounts of crude oil, petroleum products, liquefied natural gas, or other natural gas resources to the Government of North Korea,
Conducting significant transactions in North Korea's transportation, mining, energy, and financial services industries,
Engaging in certain other North Korea-related activities prohibited under UN Security Council resolutions.
Prohibits US financial institutions from maintaining, administering, or managing indirect correspondent accounts that benefit any parties designated under this legislation. However, US financial institutions are authorized to process transfers of funds to or from North Korea if the transfer is authorized by an OFAC specific or general license and does not involve debiting or crediting a North Korean account.
Imposes shipping sanctions against North Korea that include a prohibition on the entry of certain foreign vessels over 300 gross tons in navigable waters of the United States. These prohibitions apply to:
Vessels owned or operated by or on behalf of the Government of North Korea or a North Korean person, and
Vessels owned or operated by or on behalf of a foreign country in which a sea port is identified as having failed to implement or comply with certain UN Security Council resolutions targeting North Korea. Such sea ports will be identified in reports submitted by the President to Congress identifying the operators of such foreign sea ports. CAATSA specifically requires the reports to include findings related to certain sea ports in China, Iran, Russia, and Syria.
Prohibits the importation of any significant goods, wares, articles, and merchandise manufactured by the labor of North Korean nationals unless a finding by U.S. Customs and Border Protection establishes that they are not the products of convict labor, forced labor, or indentured labor.
For additional information, please contact Inessa Owens, Alexandre (Alex) Lamy, Janet K. Kim or any member of our U.S. Outbound Trade group with whom you usually work. Check our Trade Sanctions and Export Controls blog for future updates.
President extends national emergency with respect to Lebanon
On July 28, 2017, the President signed the Notice of July 28, 2017 -- Continuation of the National Emergency With Respect to Lebanon (published in the Federal Register on July 31, 2017) which extends for an additional year the national emergency with respect to Lebanon that was first declared in Executive Order (EO) 13441 on August 1, 2007, to deal with the unusual and extraordinary threat
International Trade Compliance Update | August 2017
to the national security and foreign policy of the United States constituted by the actions of certain persons to undermine Lebanon's legitimate and democratically elected government and democratic institutions; contribute to the deliberate breakdown in the rule of law in Lebanon, including through politically motivated violence and intimidation; reassert Syrian control or contribute to Syrian interference in Lebanon; or infringe upon or undermine Lebanese sovereignty. The national emergency is being extended because certain ongoing activities, such as continuing arms transfers to Hizballah that include increasingly sophisticated weapons systems, serve to undermine Lebanese sovereignty, contribute to political and economic instability in Lebanon, and continue to constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.
Presidential Executive Order allows additional review time before a decision to terminate US sanctions against Sudan can be made
On July 11, 2017, President Trump signed Executive Order 13804 allowing additional time to consider actions by the Government of Sudan before lifting US sanctions on Sudan ("July Executive Order").
As outlined in our previous blog post, former President Obama had issued Executive Order 13761 on January 13, 2017, ("Sudan Executive Order"), which called for termination in six months the sanctions provisions of certain executive orders that serve as the basis for US sanctions targeting Sudan, implemented through the Sudanese Sanctions Regulations ("SSR"), provided that the Government of Sudan continued to sustain certain positive actions. Such "positive actions" include maintaining a cessation of hostilities in areas in Sudan, improving humanitarian access throughout Sudan, and maintaining cooperation with the United States on addressing regional conflicts and the threat of terrorism. As further described below, a general license by the Treasury Department's Office of Foreign Assets Control ("OFAC") was also issued at that time so that in the interim, US persons could engage in Sudan-related transactions in anticipation of the termination. The termination of such executive orders would have had the effect of not only eliminating the SSR, but also the de-listing of Specially Designated Nationals currently listed under the [SUDAN] tag on the Specially Designated Nationals and Blocked Persons List. The provisions of the Sudan Executive Order that would have terminated US sanctions against Sudan were set to go into effect on July 12, 2017. The July Executive Order amends the Sudan Executive Order such that termination of the sanctions is now set to go into effect on October 12, 2017, extending the review period for an additional three months.
A press statement issued concurrently by the State Department further explained that the US Government will terminate sanctions on Sudan in three months if the Government of Sudan continues to sustain the positive actions that gave rise to the Sudan Executive Order, as outlined above. Importantly, the press statement clarifies that OFAC's general license, which was issued in conjunction with the Sudan Executive Order to broadly authorize US persons to engage in most prohibited transactions under the SSR with respect to Sudan, remains in place. To that end, on July 12, 2017, OFAC also issued FAQ 506, which reiterates that both the SSR and the general license will remain in place until the extended review period is complete.
International Trade Compliance Update | August 2017
For additional information, please contact Sylwia A. Lis, Eunkyung Kim Shin, Meghan Hamilton, or any U.S. Outbound Trade attorney with whom you normally work.
White House, Congress say tax reform will not include the Border Adjustment Tax
On July 27, 2017, Speaker of the House of Representatives Paul Ryan, Senate Majority Leader Mitch McConnell, Treasury Secretary Steve Mnuchin, National Economic Council Director Gary Cohn, Senate Finance Committee Chairman Orrin Hatch, and House Ways and Means Committee Chairman Kevin Brady issued a joint statement on tax reform which stated in part:
... While we have debated the pro-growth benefits of border adjustability, we appreciate that there are many unknowns associated with it and have decided to set this policy aside in order to advance tax reform.
USTR announces first round of NAFTA negotiations
On July 19, 2017, United States Trade Representative Robert Lighthizer announced arrangements for the first round of negotiations for the North American Free Trade Agreement (NAFTA). The announcement said:
The first round of the negotiations between the United States, Canada and Mexico will take place in Washington, D.C. from August 16 20, 2017.
The negotiations immediately follows the 90-day consultation period with Congress and the public initiated on May 18, 2017. On that day, Ambassador Lighthizer notified Congress of President Trump's intent to renegotiate NAFTA to get a better deal for America's workers, farmers, businesses and manufacturers.
Ambassador Lighthizer also announced that John Melle, Assistant U.S. Trade Representative for the Western Hemisphere, will serve as Chief Negotiator for the NAFTA negotiations. In his role as Chief Negotiator, Melle will be responsible for the day-today negotiations at the staff level.
Since joining USTR in 1988, John Melle has held a number of positions covering Mexico, Canada, the Caribbean and Central America. As Assistant USTR for the Western Hemisphere, he is responsible for developing, coordinating and implementing the United States' trade policy for the region.
USTR releases summary of NAFTA renegotiation objectives
On July 17, 2017, the U.S. Trade Representative released a 17 page document entitled, Summary of Objectives for the NAFTA Renegotiation. The publication of objectives is in accordance with section 105(a)(1)(D) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. The specific objectives cover the following topics:
Trade in Goods Sanitary and Phytosanitary Measures (SPS) Customs, Trade Facilitation, and Rules of Origin Technical Barriers to Trade (TBT) Good Regulatory Practices Trade in Services, Including Telecommunications and Financial Services Digital Trade in Goods and Services and Cross-Border Data Flows International Trade Compliance Update | August 2017
The broad categories above include topics such as: regulatory compatibility, transparency, increased food safety, open markets, improved cooperation, trade facilitation (including raising de minimis amounts for expedited clearance, advance rulings, automated processes for import and export, updating the rules of origin, and streamlining certification and verification processes.
In the area of digital trade the objectives include seeking commitments to not impose duties on digital products (e.g., software, music, video, e-books) and establishing rules to ensure that NAFTA countries do not impose measures that restrict cross-border data flows and do not require the use or installation of local computing facilities or mandate disclosure of source code.
In the trade remedies area, one of the objectives is the elimination of the Chapter 19 dispute settlement mechanism. In the general dispute settlement area, the objective is to establish a dispute settlement mechanism that is transparent, effective, timely, and in which panel determinations are based on the provisions of the Agreement and the submissions of the parties and are provided in a reasoned manner.
In the area of government procurement, the objectives include exclusion of subfederal coverage (state and local governments) from the commitments being negotiated and keeping in place domestic preferential purchasing programs such as: preference programs for small businesses, women and minority owned businesses, service-disabled veterans, and distressed areas; "Buy America" requirements on Federal assistance to state and local projects, transportation services, food assistance, and farm support; and key Department of Defense procurement.
See the USTR document for the full list. Also, see our Client Alert: NAFTA In Play Nine Takeaways from the USTR Summary of Negotiating Objectives
International Trade Compliance Update | August 2017
USTR issues FY 2018 TRQ allocations for raw cane sugar, refined and specialty sugar and sugar-containing products
On July 14, 2017, the Office of the U.S. Trade Representative (USTR) published in the Federal Register a notice providing country-by-country allocations of the Fiscal Year (FY) 2018 (October 1, 2017 through Sept. 30, 2018) in-quota quantity of the tariff-rate quotas for imported raw cane sugar, certain sugars, syrups and molasses (also known as refined sugar), specialty sugar, and sugar-containing products.
On June 30, 2017, the Secretary of Agriculture (Secretary) announced the sugar program provisions for FY2018. See 82 Fed. Reg. 29822. The Secretary announced an in-quota quantity of the TRQ for raw cane sugar for FY2018 of 1,117,195 metric tons raw value (MTRV) (conversion factor: 1 metric ton = 1.10231125 short tons), which is the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements. USTR is allocating this quantity (1,117,195 MTRV) to the following countries in the amounts specified below: Country FY2018 Raw Cane Sugar allocations (MTRV)
Gabon Guatemala Guyana Haiti Honduras India Jamaica Madagascar Malawi Mauritius Mexico
USTR notifies calls for special Joint Committee under KORUS FTA
On July 12, 2017, the Office of the U.S. Trade Representative (USTR) announced that USTR Robert Lighthizer, as directed by President Trump, formally notified the Republic of Korea that the United States is calling a special Joint Committee meeting under Art. 22.2 of the U.S.-Korea Free Trade Agreement (KORUS) to start the process of negotiating to remove barriers to U.S. trade and consider needed amendments to the agreement. The announcement said that the USTR acted in accord with the President's intention of reducing the trade deficit and giving Americans a better chance to succeed in global markets.
"President Trump continues to keep his promises to lower our trade deficit and negotiate better trade deals for American workers, farmers, ranchers, and businesses," said Ambassador Lighthizer. "Since KORUS went into effect, our trade deficit in goods with Korea has doubled from $13.2 billion to $27.6 billion, while U.S. goods exports have actually gone down. This is quite different from what the previous Administration sold to the American people when it urged approval of this Agreement. We can and must do better."
Ambassador Lighthizer has called for the special Joint Committee Meeting to take place in Washington, D.C., on a date next month to be agreed upon by the Parties. Throughout this process, USTR will work closely with Congress, the Department of Commerce, other relevant government agencies, and stakeholders to achieve the best outcome for the American people.
International Trade Compliance Update | August 2017
Read the Full Text of the USTR Letter to the Republic of Korea click here.
USTR seeks comments for AGOA annual review
On July 11, 2017, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR20170005] announcing the initiation of review of the eligibility of the sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA).
The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (Subcommittee) is developing recommendations for the President on AGOA country eligibility for calendar year 2018. The Subcommittee is requesting written public comments for this review and will conduct a public hearing on this matter. The Subcommittee will consider the written comments, written testimony, and oral testimony in developing recommendations for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor in the preparation of the Department of Labor's report on child labor as required under section 504 of the Trade Act of 1974.
The notice identifies the eligibility criteria under AGOA that must be considered under AGOA, and lists those sub-Saharan African countries that are currently eligible for the benefits of AGOA and those that were ineligible for such benefits in 2017. The deadline for filing requests to appear at the August 23, 2017 public hearing and for filing pre-hearing briefs, statements, or comments on subSaharan African countries' AGOA eligibility is August 4, 2017. AGOA Implementation Subcommittee of the TPSC will convene a public hearing on AGOA country eligibility on August 23, 2017. The deadline for filing post-hearing briefs, statements, or comments on this matter is August 30, 2017.
USTR seeks comments on CBERA and CBTPA
On July 11, 2017, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR20170007] announcing that the Trade Policy Staff Committee (TPSC) is seeking comments on the operation of the Caribbean Basin Economic Recovery Act (CBERA), as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 et seq.). Section 212(f) of the CBERA, as amended, requires USTR to submit a report to Congress regarding the operation of the CBERA and CBTPA (together commonly referred to as the Caribbean Basin Initiative, or CBI) on or before December 31, 2017. The TPSC invites written comments concerning the operation of the CBI, including the performance of each CBERA and CBTPA beneficiary country under the criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of CBERA, as amended. The TPSC will use this information to prepare the report to Congress on the operation of the program. The TPSC must receive your written comment by September 15, 2017.
International Trade Compliance Update | August 2017
USTR publishes results of 2016/2017 GSP review and announces initiation of country practice review of Bolivia
On July 10, 2017, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR20170009] announcing the results of the 2016/2017 Annual Generalized System of Preferences (GSP) Review with respect to: Products considered for addition to the list of eligible products for GSP; products considered for removal from the list of eligible products for certain beneficiary countries; decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs and requests for re-designations of products previously excluded from GSP eligibility for certain countries. USTR also is announcing the initiation of a country practice review regarding child labor in the Plurinational State of Bolivia (Bolivia) including the schedule for public comments and a public hearing.
The GSP Subcommittee of the Trade Policy Staff Committee (TPSC) will convene a public hearing on the GSP country practice review of Bolivia in Rooms 1 and 2, 1724 F Street NW., Washington DC 20508, beginning at 10:00 a.m. September 26, 2017.
The deadline for submission of comments, pre-hearing briefs and requests to appear at the September 26, 2017, public hearing is September 5, 2017 at midnight EST. The deadline for submission of post-hearing briefs is October 17, 2017 at midnight EST.
ITC releases "The Year in Trade 2016"
On July 25, 2017, the U.S. International Trade Commission (ITC) released The Year in Trade 2016, its annual overview of developments regarding the administration of U.S. trade laws and trade agreements.
The Year in Trade (USITC Publication 4711, July 2017) is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 68th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.
The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2016.
The Year in Trade 2016 covers:
all U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases active in 2016. In addition, the 2016 report covers the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
WTO dispute settlement decisions and other significant activities in the WTO, the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum;
negotiations on an Environmental Goods Agreement, a Trade in Services Agreement, and the Transatlantic Trade and Investment Partnership, and developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and
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bilateral trade issues with selected major U.S. trading partners--the European Union, China, Canada, Mexico, Japan, South Korea, India, Taiwan, and Brazil-- as well as Cuba.
The report also provides an overview of U.S. trade in goods and services during 2016. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements.
An interactive, web-based version of The Year in Trade 2016 will be released this Fall. A separate announcement will be made when that version is released.
Other reports in this series dating back to 1948 can also be found on the ITC website at https://www.usitc.gov/research_and_analysis/year_in_trade.htm.
The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release)
Investigation. No. and title Inv. No. 163-1 The Year in Trade 2016 (USITC Pub. 4711) (R)
U.S., Mexico sign final amendments to Sugar Suspension Agreements
On July 3, 2017, the U.S. Department of Commerce announced that Secretary of Commerce Wilbur Ross, and Juan Carlos Baker Pineda, Subsecretario de Comercio Exterior, Secretara de Economa, have signed a finalized amendment to the Countervailing Duty Suspension Agreement on Sugar from Mexico. Likewise, Secretary Ross and Juan Cortina Gallardo, a representative of the Mexican Sugar Industry, signed a finalized amendment to the Antidumping Duty Suspension Agreement on Sugar from Mexico. The amendments will be published in the Federal Register.
According to the announcement, all major stakeholders have endorsed this deal brokered by Secretary Ross and Secretary Ildefonso Guajardo. The amendments will ensure that the sugar suspension agreements continue to promote stability in the U.S sugar market, in coordination with USDA's sugar program.
CBP makes technical corrections to its regulations
On July 28, 2017, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 17-08] making technical corrections. CBP periodically reviews its regulations to ensure that they are current, correct, and consistent. Through this review process, CBP discovered some discrepancies. This document amends certain sections of title 19 of the Code of Federal Regulations to remedy these discrepancies.
International Trade Compliance Update | August 2017
One of the revisions involves revising references to the Commerce Department's antidumping and countervailing duty regulations. Another corrects a reference to the NAFTA Certificate of Origin.
CBP extends Air Cargo Advance Screening (ACAS) pilot program
On July 24, 2017, CBP published in the Federal Register a general notice that announces that CBP is extending the Air Cargo Advance Screening (ACAS) pilot program for an additional year. The ACAS pilot is a voluntary test in which participants submit a subset of required advance air cargo data to CBP at the earliest point practicable prior to loading of the cargo onto the aircraft destined to or transiting through the United States. On October 24, 2012, CBP published a notice in the Federal Register 77 Fed. Reg. 65006, corrected in 77 Fed. Reg. 65395) that announced the formalization and expansion of the ACAS pilot program that would run for six months. CBP subsequently published several notices extending the pilot period and/or reopening the application period to new participants for limited periods. The most recent notice extended the pilot period through July 26, 2017.
CBP is extending the ACAS pilot program through July 26, 2018. Comments concerning any aspect of the announced test may be submitted at any time during the test period.
CBP corrects proposal to expand Savannah port limits
On July 17, 2017, CBP published in the Federal Register a correction to the proposal [Docket No. USCBP20170017] published in the Federal Register on July 3, 2017, to extend the port limits of Savannah, GA.
CBP proposes procedures to adjust Customs COBRA user fees to reflect inflation
On July 17, 2017, CBP published in the Federal Register a notice of proposed rulemaking [USCBP20170025] to amend the U.S. Customs and Border Protection (CBP) regulations to reflect that customs user fees and limitations established by the Consolidated Omnibus Budget Reconciliation Act (COBRA) will be adjusted for inflation in accordance with the Fixing America's Surface Transportation Act (FAST Act, Pub. L. 11494)). Comments must be received on or before August 16, 2017.
CBP proposes to amend the 19 C.F.R. 24.22 paragraphs shown below to explain that the specific fee amounts and annual fee limitations (set forth in Table 1 below) are subject to adjustment in accordance with the terms in a new paragraph (k). (19 C.F.R. 24.22). The new paragraph (k) will set forth the methodology for determining whether and by what amount the customs COBRA user fees should be adjusted pursuant to the FAST Act. Table 1 below lists both the user fees and corresponding limitations currently set forth in section 24.22. (19 CFR 24.22). CBP proposes to add this table to the regulations as Appendix A to part 24. In addition, CBP is amending several other "fee" paragraphs.
International Trade Compliance Update | August 2017
TABLE 1--CUSTOMS COBRA USER FEES AND LIMITATIONS IN 19 C.F.R. 24.22
19 U.S.C. 58c 19 CFR 24.22 Customs COBRA user fee/limitation
ject to adjustment in accord-
Limitation: Calendar Year Maximum for
Barges and Other Bulk Carriers Arrival Fee
Limitation: Calendar Year Maximum for
Barges and Other Bulk Carriers Arrival Fees 1,500.00
(c)(2) and (3) Limitation: Commercial Truck Calendar
(d)(2) and (3) Limitation: Railroad Car Calendar Year
(e)(1) and (2) Fee and Limitation: Private Vessel or Private
Aircraft First Arrival/Calendar Year Prepayment Fee 27.50
Commercial Vessel or Commercial Aircraft
Commercial Vessel Passenger Arrival Fee
(from Canada, Mexico, one of the territories
and possessions of the United States, or one of
Customs Broker Permit User Fee
CBP extends import restrictions on archaeological objects and ecclesiastical and ritual ethnological materials from Cyprus
On July 14, 2017, CBP published in the Federal Register a final rule [CBP Dec. 17-07] that amends the CBP regulations to reflect an extension of import restrictions on Pre-Classical and Classical archaeological objects, and Byzantine and post-Byzantine ecclesiastical and ritual ethnological materials from Cyprus. The restrictions, which were originally imposed by Treasury Decision 02-37, and last extended by CBP Dec. 12-13, are due to expire on July 16, 2017. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this extension through July 16, 2022.
These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 12-13 contains the Amended Designated List of all archaeological objects and Byzantine and Post-Byzantine ecclesiastical and ritual ethnological materials from Cyprus, to which the restrictions apply. The rule is effective July 16, 2017.
International Trade Compliance Update | August 2017
CBP issues regulations for Electronic Information for Exports
On July 13, 2017, CBP published in the Federal Register a final rule [CBP Dec. 17-06] amending the CBP regulations regarding the requirements to provide data for certain exported cargo to conform to current requirements. Various CBP regulations regarding exported cargo (19 C.F.R. parts 4, 10, 18, 113, 122, 123, 141, 191 and 192) refer to outdated regulations or requirements of the U.S. Census Bureau, including the requirement to submit a paper Shipper's Export Declaration (SED). The U.S. Census Bureau's Foreign Trade Regulations (FTR) have been amended to eliminate the SED and to require that the information that was previously provided on the paper SED be filed electronically as an Electronic Export Information (EEI) through the Automated Export System (AES). This rule amends the CBP regulations to incorporate the current requirements. The rule also makes related conforming changes as well as non-substantive editorial and nomenclature changes. These changes include updated U.S. Code citations, current agency names, revised C.F.R. citations and technical corrections.
The final rule was effective on publication.
CBP publishes quarterly IRS interest rates
On July 12, 2017, CBP published in the Federal Register a general notice that advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same from the previous quarter. For the calendar quarter beginning July 1, 2017, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non-corporations, and the interest rate for underpayments will be 4 percent for both corporations and noncorporations.
CBP proposes to extend Savannah port limits
On July 3, 2017, CBP published in the Federal Register a notice of proposed rulemaking [Docket No. USCBP20170017] to extend the geographical limits of the port of entry of Savannah, Georgia. The proposed extension will make the boundaries more easily identifiable to the public and will allow for uniform and continuous service to the extended area of Savannah, Georgia. The proposed change is part of CBP's continuing program to use its personnel, facilities, and resources more efficiently and to provide better service to carriers, importers, and the general public. For immigration purposes, Savannah, Georgia port of entry is classified as a Class A port in District 26 under 8 C.F.R. 100.4(a). For customs purposes, CBP regulations list designated CBP ports of entry and the limits of each port in 19 C.F.R. 101.3(b)(1).
CBP is proposing to amend 19 C.F.R. 101.3(b)(1) to extend the boundaries of the port of entry of Savannah, Georgia, to include the majority of Chatham County, Georgia, as well as a small portion of Jasper County, South Carolina. The extension of the boundaries will include all of Savannah-Hilton Head Airport, the distribution centers and cold storage agricultural facilities, as well as the site of the proposed replacement Federal Inspection Service facility for arriving international travelers, and any other projected new facilities. However, the proposed change in the boundaries of the port of Savannah, Georgia, will not result in a change in the service that is provided to the public by the port and will not require a change in the staffing or workload at the port.
International Trade Compliance Update | August 2017
Comments must be received on or before September 1, 2017.
Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.]
Agency Information Collection Activities: CBP Regulations Pertaining to Customs Brokers [OMB No. 1651-0034] (N) [CBP Forms 3124 and 3124E]
Agency Information Collection Activities: Cost Submission [OMB No. 1651-0028] (N) [CBP Form 247]
Agency Information Collection Activities: Documents Required Aboard Private Aircraft [OMB No. 1651-0058] (N) Agency Information Collection Activities: e-Allegations Submission [OMB No. 1651-0131] (N)
Agency Information Collection Activities: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release [OMB No. 1651-0013] (N) [CBP Form 7523]
Agency Information Collection Activities: Foreign Trade Zone Annual Reconciliation Certification and Record Keeping Requirement [OMB No. 1651-0051] (N) Accreditation and Approval of Intertek USA, Inc. as a Commercial Gauger and Laboratory [Corpus Christi, TX] (N) Accreditation of Intertek USA, Inc., as a Commercial Laboratory [Deer Park, TX] (N)
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory [New Haven, CT] (N) Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory [Houston, TX] (N) Agency Information Collection Activities: Application for Exportation of Articles under Special Bond [OMB No. 1651-0004] (N) [CBP Form 3495]
Agency Information Collection Activities: Application for Waiver of Passport and/or Visa [OMB No. 1651-0107] (N) [DHS Form I-193]
Agency Information Collection Activities: Declaration of Unaccompanied Articles [OMB No. 1651-0030] (N) [CBP Form 255]
Agency Information Collection Activities: Entry of Articles for Exhibition [OMB No. 1651-0037]
Agency Information Collection Activities: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery [OMB No. 1651-0136] (N) Agency Information Collection Activities: Notice of Detention [OMB No. 16510073] (N)
Agency Information Collection Activities: Ship's Store Declaration [OMB No. 1651-0018] (N) [CBP Form 1303]
CBP announces expansion of Global Entry to Indian citizens
On July 3, 2017, CBP announced the expansion of Global Entry eligibility to citizens of India. Global Entry, a CBP Trusted Traveler Program, allows for expedited clearance of pre-approved, low-risk travelers. Indian citizens can begin applying for Global Entry through the Global Online Enrollment System (GOES) website. India becomes the 11th country overall whose citizens are eligible to enroll in Global Entry. U.S. citizens, U.S. nationals and U.S. Lawful Permanent Residents may apply for Global Entry as well as citizens of certain countries with which CBP has trusted traveler arrangements, including Argentina, Colombia, Germany, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore,
International Trade Compliance Update | August 2017
Switzerland, the United Kingdom and now India. Canadian citizens and residents enrolled in NEXUS may also use the Global Entry kiosks.
Global Entry is currently available at 53 U.S. airports and 15 Preclearance locations. It streamlines the international arrivals process at airports for trusted travelers. The more than 4 million Global Entry members bypass traditional CBP inspection lines and use an automated kiosk to complete their admission to the United States. As an added benefit, Global Entry members are also eligible to participate in the TSA PreTM expedited screening program.
CBP issues final determinations in procurement cases
CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register.
Ruling Reference (Date Issued) and Product
HQ H283088 (June 30, 2017) Carestream DRX-Ascend Digital Radiography System
Country of Origin United States
"Lever-Rule" application(s) filed or granted
CBP has received the following application(s) for "Lever-Rule" protection pursuant to 19 C.F.R. 133.2(f). In the event that CBP determines the goods under consideration are physically and materially different from the goods authorized for sale in the United States, CBP will publish a notice in the Customs Bulletin indicating that the referenced trademark is entitled to "Lever-rule" protection with respect to those physically and materially different goods. [Shown as "APPROVED" below]
Products Covered by the Application
The Procter & Gamble Company
Laundry detergent products intended for sale in Vietnam, bearing the trademarks: (1) Tide Trng t Ph (360 g/720 g/
800 g/2.7 kg/4.1 kg/5.5 kg/7.5 kg bags); (2) Tide Trng t Ph Hng Downy
(650 g/2.5 kg/3.8 kg/5 kg /6.8 kg bags); (3) P&G Professional Tide Chuyn
Dng (6 kg/9 kg bags); and (4) P&G Professional Tide Chuyn
Dng Hng Downy (9 kg bucket/9 kg
CBP RECORDATION NO. TMK 0900832 and
"TIDE & DESIGN"
CBP publications and fact sheets
During the period of coverage of this Update, CBP issued the following new or revised publications and fact sheets:
International Trade Compliance Update | August 2017
New ACE Entry Summary Business Process Document
Revocations or modifications of CBP rulings
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE outages or delays which have already occurred and problems which have been resolved are not included below.
Date 07-01-17 07-03-17
07-05-17 07-06-17 07-10-17
07-12-17 07-13-17 07-17-17 07-18-17 07-19-17 07-21-17 07-24-17
07-25-17 07-26-17 07-27-17 07-28-17
17-000405 17-000408 17-000409 17-000411 17-000412 17-000415 17-000416 17-000417 17-000418
Harmonized System Update (HSU) 1705 created on June 30, 2017 Update to Food and Drug Administration Related Low Value Shipments
National Marine Fisheries Service SIMP Round Table Meetings
Schedule B and Harmonized Tariff Schedule (HTS)Updated in the Automated Export System TTB Data for Type 21 Filings Not Required, Trade to File Disclaim Instead FSIS FRN Regarding Imported Siluriformes fish and fish products FSIS Releases Import Guidance for Comment ACE PRODUCTION Cargo Release Deploy,Tues 7/11/17 @0500ET,impact ACE CargoRel &EntrySummry ACE PRODUCTION Entry Summary Deployment, Tuesday July 11, 2017 @0500ET Official Notices of Extension,Suspension & Liquidation web site Maintenance,Thurs 7/12/17 Implementation Guide for Seafood Import Monitoring Program (SIMP)for NMFS Initiation of Antidumping and Countervailing Duty Investigations: Ripe Olives from Spain Mandatory Filing of Contact Name and Phone Number on Record Identifier SE13 Upcoming DEA Mandatory Date Entry Types by PGA, July 11, 2017 ACE PRODUCTION Cargo Release Deploy, Thurs 7/20/17 @0500ET,impact ACE CargoRel & EntrySum FDA End-Dated Product Code for CDRH Initiation of AD/CVD Investigations: Low Melt Polyester Staple Fiber from KR and TW EPA FIFRA/Pesticides - August 1, 2017 reminder CATAIR Updates Posted to CBP.gov ACE Entry Summary AE message failures, Mon 7/24/2017 13:59 - 14:06 ET Initiation of AD/CVD Investigation: Certain Tapered Roller Bearings from KR Harmonized System Update (HSU) 1706 created on July 25, 2017. FDA ACE Webinar Recording Posted Online ACE Post Release Deployment Update MID Deployment to the ACE Certification Environment
International Trade Compliance Update | August 2017
17-000426 17-000427 17-000428 17-000429 17-000430
Reminder: DEA Mandatory Date Aug 1, 2017
Updated Document Types available for document upload in FDA's ITACS New ACE Entry Summary Business Process Document ACE PRODUCTION PGA Deployment, Tues Aug 1, 2017 @ 0500, impact ACE CargoRel & EntrySumm
The following documents were published in the Federal Register by the ForeignTrade Zones Board:
07-06-17 07-07-17 07-12-17 07-14-17 07-24-17 07-25-17
Foreign-Trade Zone 122-Corpus Christi, Texas; Notification of Proposed Production Activity; voestalpine Texas, LLC; (Hot Briquetted Iron and ByProducts); Portland, Texas [B-42-2017] Foreign-Trade Zone 265-Conroe, Texas; Notification of Proposed Production Activity; Bauer Manufacturing LLC dba NEORig (Stationary Oil/Gas Drilling Rigs); Conroe, Texas [B-44-2017] Foreign-Trade Zone 127-West Columbia, South Carolina; Application for Subzone; BGM America, Inc.; Marion, South Carolina [S882017]
Foreign-Trade Zone 265-Conroe, Texas; Authorization of Production Activity; Bauer Manufacturing LLC dba NEORig; (Stationary Oil/Gas Drilling Rigs); Conroe, Texas [B152017]
Foreign-Trade Zone 283-West Tennessee Area Application for Subzone, MTD Consumer Group Inc., Martin, Tennessee [S992017] Foreign-Trade Zone 29-Louisville, Kentucky; Application for Subzone Expansion; Hitachi Automotive Systems Americas, Inc.; Berea, Kentucky [S101 2017] [Foreign-Trade Zone 53] Approval of Subzone Status - Premier Logistics, LLC, Tulsa, Oklahoma [S-48-2017]
Foreign-Trade Zone 231 Stockton, California - Application for Subzone Expansion - 5.11, Inc., Modesto and Lathrop, California [S-102-2017]
Foreign-Trade Zone 106 Oklahoma City, Oklahoma - Notification of Proposed Production Activity - Eastman Kodak Company (Printing Flexographic Plates) Weatherford, Oklahoma [B-46-2017]
Foreign-Trade Zone 7-- Mayaguez, Puerto Rico; Authorization of Production Activity; Bristol-Myers Squibb Holdings Pharma, Ltd. (Pharmaceuticals); Manati, Puerto Rico [B162017]
Foreign-Trade Zone 52-Suffolk County, New York; Notification of Proposed Production Activity; Estee Lauder Inc. (Skin Care, Fragrance, and Cosmetic Products), Melville, New York [B472017] Foreign-Trade Zone 163 -- Ponce, Puerto Rico - Application for Subzone, LT Autos, LLC, Amendment of Application [S-11-2017]
Foreign-Trade Zone 168 Dallas/Fort Worth, Texas Area - Application for Subzone, R.W. Smith & Co/TriMark USA, LLC, Lewisville, Texas [S-105-2017] Foreign-Trade Zone (FTZ) 141-Monroe County, New York; Authorization of Production Activity; Xerox Corporation; Subzone 141B; (Xerographic Bulk Toner and Toner Cartridges); Webster, New York [B182017] Foreign-Trade Zone 132-Coos Bay, Oregon Site Renumbering Notice
Foreign-Trade Zone 18 San Jose, California - Application for Subzone Expansion - Lam Research Corporation, Livermore, California [S-110-2017]
International Trade Compliance Update | August 2017
FinCEN proposes special measure against Bank of Dandong
On July 7, 2017, the Financial Crimes Enforcement Network (FinCEN) published in the Federal Register a notice of proposed rulemaking (NPRM) [Docket Number FinCEN20170010] pursuant to section 311 of the USA PATRIOT Act, to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, Bank of Dandong. The NPRM sets forth FinCEN's finding that Bank of Dandong, a commercial bank located in Dandong, China, is a financial institution of primary money laundering concern pursuant to Section 311, and 2. FinCEN's proposal of a prohibition under the fifth special measure on the opening or maintaining in the United States of a correspondent account for, or on behalf of, Bank of Dandong. As described more fully in the Federal Register notice FinCEN finds that Bank of Dandong is a financial institution of primary money laundering concern because it serves as a conduit for North Korea to access the U.S. and international financial systems, including by facilitating millions of dollars of transactions for companies involved in North Korea's WMD and ballistic missile programs. Having made such a finding and having performed the requisite consultations set forth in the statute, FinCEN proposes a prohibition on covered U.S. financial institutions from opening or maintaining a correspondent account in the United States for, or on behalf of, Bank of Dandong.
Written comments on the notice of proposed rulemaking must be submitted on or before September 5, 2017.
BIS revises EAR based on 2016 Missile Technology Control Regime Plenary Agreements
On July 7, 2017, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 170202139-7139-01] amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2016 Plenary in Busan, South Korea, and the March 2016 Technical Experts Meeting (TEM) in Luxembourg City, Luxembourg. The final rule revises thirteen Export Control Classification Numbers (ECCNs), adds one ECCN, revises two EAR defined terms (including making other EAR conforming changes for the use of these two terms) and makes conforming EAR changes where needed to implement the changes that were agreed to at the meetings and to better align the missile technology (MT) controls on the Commerce Control List (CCL) with the MTCR Annex. The amendments were effective on publication.
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS):
OFAC: Notice of OFAC Sanctions Actions (N)
OFAC: Sanctions Action pursuant to an Executive order issued on September 23, 2001, titled "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism" (N) [1 individual]
International Trade Compliance Update | August 2017
State: In the Matter of the Amendment of the Designation of Yarmouk Martyrs Brigade (and other aliases) as a Specially Designated Global Terrorist [Public Notice: 10068] (N)
OFAC: Notice of OFAC Sanctions Actions (N) [2 individuals, 1 entity]
During the past month, the following orders were published:
Order Renewing Order Temporarily Denying Export Privileges (Mahan Airways and others) (N)
07-01-17 Order Denying Export Privileges (In re: Manuel Morales) (N) Order Denying Export Privileges (In re: Edwin Navarro Makasiar)
Order Denying Export Privileges (In re:Jose Abraham Benavides-Cira
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE.
[Note: Meetings which occur before the scheduled distribution of this Update may not be listed.]
07-10-17 07-11-17 07-14-17 07-21-17
BIS: Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [July 26-27, 2017]
BIS: Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [July 25, 2017]
BIS: Materials Processing Equipment Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [August 8, 2017]
BIS: Notice of Partially Closed Meeting of the Materials Technical Advisory Committee (N/H) [July 20, 2017]
BIS: Notice of Partially Closed Meeting of the Transportation and Related Equipment Technical Advisory Committee (N/H) [Sept. 6, 2017]
BIS: Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting (N/H) [July 20-21, 2017]
State: Cultural Property Advisory Committee; Notice of Meeting [Public Notice 10052] (N/H) [July 19-20, 2017; Request by Government of Libya seeking import restrictions on archaeological and ethnological material]
ITA: User Fees for Export and Investment Promotion Services/Events [Docket No.: 161020988698802] (N) State: Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P. [Public Notice: 10053] (Operation of "Dos Laredos pipeline facilities")
State: Notice of Issuance of a Presidential Permit to NuStar Logistics, L.P. [Public Notice: 10054] (Construction of "New Burgos pipeline facilities")
State: Reducing Regulation and Public Burden, and Controlling Cost [Public Notice: 10057] (RFC) State: Defense Trade Advisory Group; Notice of Open Meeting [Public Notice: 10064] (N/H) [Sept. 8, 2017]
International Trade Compliance Update | August 2017
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month:
CPSC: Safety Standard Addressing Blade-Contact Injuries on Table Saws; No07-05-17 tice of Opportunity for Oral Presentation of Comments [Docket No. CPSC
FDA related low value shipments updated
The US Food & Drug Administration (FDA or the Agency) is updating previously issued information to clarify FDA expectations for the submission of shipments qualifying under Section 321 of the Tariff Act of 1930 containing FDA-regulated articles; i.e. those valued at $800 or less ("Section 321" or "de minimis" shipments). The new guidance is contained in CBP's CSMS# 17-000388 dated July 3, 2017.
On December 15, 1994, FDA identified five categories of regulated products which could be released by CBP without notification to FDA for the purposes of determining entry admissibility, if they were valued at or below the then de minimis level of $200 (see CSMS #94-001260, "FDA LOW VALUE SHIPMENTS").
On March 9, 2016, CBP informed stakeholders of the de minimis value increase from $200 to $800 in CSMS #16-000181 (effective March, 10, 2016). This program change was implemented based on Section 321 validations.
Although the de minimis value has changed, FDA has not previously updated CSMS #94-001260. FDA revised the Regulatory Procedures Manual (RPM) Chapter 9, section 1 to reflect the new de minimis value of $800; however, based on conversations with stakeholders, FDA reporting requirements for de minimis shipments were unclear given FDA's legacy CSMS messages on such low value shipments.
FDA is providing notification that CSMS #94-001260 applies to the same five product categories valued at or below the current de minimis level: for those same five product categories, a release may be issued without notification to FDA for the purposes of determining entry admissibility under section 801(a) of the Federal Food, Drug & Cosmetic Act (the Act), if the shipment is valued at or below the current de minimis level (currently $800). Those five product categories are:
Dinnerware (including eating and/or cooking utensils);
Radiation emitting, non-medical devices (e.g. microwaves, televisions, CD players, etc.);
Biological samples for laboratory testing; and,
Food, excluding ackees, puffer fish, raw clams, raw oysters, raw mussels, and foods packed in air tight containers intended to be stored at room temperature.
International Trade Compliance Update | August 2017
The FDA is rescinding CSMS #95-000090 (issued January 27, 1995) because the instructions therein for electronic declarations are no longer applicable due to implementation of ACE.
The 801(m) prior notice requirements must continue to be met on all food and feed shipments regardless of value or quantity. Unless otherwise exempt from the prior notice requirements for one of the indicated reasons under 21 C.F.R. 1.277(b), there are no exemptions based on a de minimis value or quantity of food.
FDA will continue to work on an updated low value strategy outlining which FDAregulated products require notification to the Agency for determination of admissibility, regardless of the value of the shipment upon entry.
FDA issued the updated CSMS message as part of its continued outreach efforts to assist the importing community in realizing the benefits of the Automated Commercial Environment (ACE).
Questions related to the FDA reporting requirements for de minimis shipments may be submitted to FDA's Division of Import Operations at (301) 796-0356 or [email protected]
Additional References regarding TFTEA and relevant 19 C.F.R. section:
TFTEA-Increase in the De Minimis Value Exemption
The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders:
07-03-17 07-19-17 07-25-17
Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Comment Period [Docket No. FDA2011F0172] (IR/E)
Listing of Color Additives Exempt From Certification; Spirulina Extract [Docket No. FDA2016C2570] (FR)
Product Identifier Requirements Under the Drug Supply Chain Security Act-- Compliance Policy; Draft Guidance for Industry; Availability [Docket No. FDA 2017D2232] (N)
Pilot Project Program under the Drug Supply Chain Security Act; Request for Comments [Docket No. FDA-2016-N-0407] (N/RFC)
Civil Money Penalty Definitions; Technical Amendment [Docket No. FDA-2017N-0011] (FR)
Animal Drug User Fees and Fee Waivers and Reductions; Revised Guidance for Industry; Availability [Docket No. FDA-2004-D-0369] (N)
M4E(R2): The Common Technical Document--Efficacy; International Council for Harmonisation; Guidance for Industry; Availability [Docket No. FDA-2015-D3235] (N)
International Trade Compliance Update | August 2017
APHIS updates list of approved Chinese wooden handicraft manufacturers
APHIS has updated the list of approved wooden handicraft manufacturers in China on its wooden handicrafts web page. The page also provides resources for business and individuals who import wooded handicrafts from China, and answers frequently asked questions including:
How to meet APHIS' regulatory requirements
Types of wood products that APHIS considers a handicraft
The criteria manufacturers must meet to be added to the approved manufacturer list
Links to programs related to the import of wood and wood products
USDA increases FY 2017 raw sugar TRQ
On July 25, 2017, the Office of the Secretary of the U.S. Department of Agriculture (USDA) published in the Federal Register a notice of an increase in the fiscal year (FY) 2017 raw cane sugar tariff-rate quota (TRQ) of 244,690 metric tons raw value (MTRV) [Conversion factor: 1 metric ton = 1.10231125 short tons]. The Office of the U.S. Trade Representative (USTR) will allocate this increase among supplying countries and customs areas.
USDA also announced that all sugar entering the United States under the FY 2017 raw sugar TRQ will be permitted to enter U.S. Customs territory through October 31, 2017, a month later than the usual last entry date. Additional U.S. Note 5(a)(iv) to Chapter 17 of the Harmonized Tariff Schedule of the U.S. authorizes the Secretary of Agriculture to permit sugar allocated under a given quota year to be entered in previous or subsequent quota year. This action is being taken after a determination that additional supplies of raw cane sugar are required in the U.S. market. USDA will closely monitor stocks, consumption, imports and all sugar market and program variables on an ongoing basis, and may make further program adjustments during FY 2017 if needed.
APHIS seeks comments for draft international standards and specifications
On July 10, 2017, the Animal and Plant Health Inspection Service (APHIS) announced that The International Plant Protection Convention (IPPC) recently opened 3 draft specification documents and 13 draft International Standards for Phytosanitary Measures (ISPMs) for 2017 Consultation (review and commenting). APHIS is inviting stakeholders to participate in 2017 Consultation on these documents by the due dates listed below.
Background information may be found on the IPPC Consultations for Draft Specifications page. Comments are due to APHIS by August 11, 2017.
Audit in the phytosanitary context
International Trade Compliance Update | August 2017
Supplement to ISPM 11 "Guidance on the concept of the likelihood of establishment component of a pest risk analysis for quarantine pests"
Background information may be found on the IPPC Consultations for Draft ISPMs page. Comments are due to APHIS by August 25, 2017.
2017 Amendments to ISPM 5: Glossary of phytosanitary terms International movement of cut flowers and foliage Requirements for the use of fumigation as a phytosanitary measure Diagnostic protocols: Bactrocera dorsalis complex Diagnostic protocols: Conotrachelus nenuphar Diagnostic protocols: Ips spp Diagnostic protocols: Xylella fastidiosa Diagnostic protocols: Puccinia psidii Revision of Diagnostic Protocol: Plus pox virus For Second Consultation:
Revision of ISPM 6: Surveillance Requirements for the use of temperature treatments as a phytosanitary measure Draft revision of Annexes 1 & 2 to ISPM15 Draft 2015 and 2016 amendments to ISPM 5 Glossary of phytosanitary terms
To submit comments, follow the instructions on the APHIS website. Comments should fall into one of three categories: substantial, technical, or editorial.
FSIS provides guidance for importing meat, poultry, and egg products into the United States
On July 7, 2017, the Food Safety and Inspection Service (FSIS) published in the Federal Register a notice [Docket No. FSIS-2017-0020] announcing the availability of and requesting comment on guidance for importing meat, poultry, and egg products into the United States. This guidance is intended to help U.S. importers, customs brokers, official import inspection establishments, egg products plants, and other interested parties understand and comply with FSIS import requirements. A downloadable version of the guidance is available to view and print here. No hard copies of the compliance guideline have been published.
Comments are due on or before September 5, 2017.
International Trade Compliance Update | August 2017
FSIS to require all imported Siluriformes fish to be inspected
On July 3, 2017, the Food Safety and Inspection Service (FSIS) published in the Federal Register a notification of regulatory enforcement [Docket No. FSIS 20170024] announcing that starting August 2, 2017, all shipments of imported Siluriformes fish and fish products entering the United States must be presented at an Official Import Inspection Establishment for reinspection by FSIS personnel. FSIS will be enforcing FSIS the regulations in 9 C.F.R. part 557 (9 C.F.R. 557.1 557.8, 557.10557.19 and 557.24557.26).
The final rule was effective on March 1, 2016, but provided an 18-month transitional period until September 1, 2017, to ensure an orderly transition from Food and Drug Administration (FDA) regulatory oversight to the FSIS mandatory fish inspection program. During the transitional period, the Agency is exercising broad discretion in enforcing the new regulatory requirements, except when product is determined to be adulterated (e.g., the product contains a violative residue or is contaminated) or misbranded (e.g., the product is missing a label).
The final rule stated that during the transitional period, imported fish and fish products would be reinspected and subjected to species and residue testing on at least a quarterly basis for each foreign establishment eligible to export fish to the U.S. Further, as discussed in the preamble of the final rule, at the end of the 18-month transitional period, all imported Siluriformes fish and fish product shipments would be reinspected, just as all imported meat and poultry products are reinspected (80 Fed. Reg. 75608). FSIS began selecting shipments of imported Siluriformes for reinspection and residue testing on April 15, 2016.
To apply for import reinspection, applicants, typically the Importer of Record, must submit a paper or an electronic inspection application form (FSIS Form 95401) to FSIS in advance of the shipment's arrival, but no later than when the entry is filed with the U.S. Customs and Border Protection (CBP) (9 CFR 557.5). The applicant must identify, on the application, the official import inspection establishment where reinspection will occur. The paper import inspection application is available on line here.
FSIS will be posting reinspection guidance materials on its Siluriformes Web page.
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety and Inspection Service, GIPSA= Grain Inspection, Packers and Stockyards Administration]:
FSIS: Import Reinspection of Fish of the Order Siluriformes Import Reinspection of Fish of the Order Siluriformes [Docket No. FSIS20170024] (N)
AMS: National Organic Program (NOP); Sunset 2017 Amendments to the National List [Document Number AMS-NOP-16-0052; NOP-16-03] (FR)
FSIS: Availability of FSIS Guidance for Importing Meat, Poultry, and Egg Prod-
International Trade Compliance Update | August 2017
ucts into the United States [Docket No. FSIS-2017-0020] (N/RFC) GIPSA: United States Standards for Beans (N) GIPSA: United States Standards for Lentils (N) GIPSA: United States Standards for Lentils (N/C) Correction
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) series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website.
Algeria - Trade Suspended for Several High-value Processed Products Canada - Comment period for proposed changes to Canadian beer standards Canada - Consultation on Canada's Food Guide and Marketing Policies Canada - Consultations Launched for Canada-United States Regulatory Cooper-
ation China - Procedures for Exporting U.S. Beef to China China - Update to AQSIQ's Implementation Catalogue for Facility Registration EAEU - Draft EAEU Recommended Rules of Food Sampling EU - European Commission Removes Certificate of Origin Requirement Finland - Exporter Guide Germany FAIRS - Narrative Hong Kong - Facilitating US Shipments over AI Ban Hong Kong - New Marketing Guidelines for Infant and Toddler Foods India - 2017 Amendments to Legal Metrology Rules India - Amendments Relating to Sale of Vegetable Oil and Fat Invite Comments India - Class Title and Trans Fat Content Declaration Gets Further Extension India - Compliance Timeline Extends For Certain Provisions of Food Additives India - Draft Amendment on Artificial Sweetener Invites WTO Member Comments India - Food Import Regulations Supersede Certain Advisories and Guidelines India - FSSAI Implements Standards for Non-Carbonated Beverages India - FSSAI Notification on the Use of Yeast in Bakery Products India - FSSAI Publishes Its Permissible List of Imported Specialty Foods India - GOI Initiates Issuance of Digital Phyto-Sanitary Certificate India - India Extends Ban on Milk and Dairy Product Imports from China India - WTO Notified Plant Quarantine Ninth Amendment 2017 Japan -Second Review Meeting for GE Food Labeling Requirements Russia Draft Regulations for GE Feeds and Other Products
International Trade Compliance Update | August 2017
Russia - GOR Resolution 770 Amends Rules for Registration of GE Organisms
Russia - Russia Extended Food Import Ban through End 2018
Thailand - The Thai FDA Establishes the MLs of Annatto in Dairy Products
Turkey - Turkey Again Delays Implementation of New Labeling System
FCC to modernize requirements and eliminate Form 740 at entry
On July 13, 2017, the Federal Communications Commission (FCC) announced that it was streamlining and modernizing the authorization requirements for most radiofrequency devices, such as cell phones or TV receivers, that are imported, marketed, or operated within the United States. This decision continues the FCC's ongoing efforts to provide greater flexibility and reduce the burdens associated with certain equipment authorization rules.
The FCC's action allows required labeling information to be provided to the consumer via the device's electronic display, providing an alternative to the requirement for etching or permanent labels on the exterior of devices. The FCC said manufacturers expect the use of electronic labelling rather than permanent physical labels to result in a measurable reduction in costs. This action is consistent with the objectives of the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014 or the E-LABEL Act.
The FCC is also eliminating the requirement to file with U.S. Customs and Border Protection (CBP) the FCC Form 740 the FCC's unique import declaration for RF devices brought into the United States. Because of the exponential increase in imported RF devices, this filing requirement has become an unwieldy tool for the FCC and it has placed an increasingly substantial burden on importers. At the same time, the CBP's revised database and the increasing availability of product information on the Internet and through other means have reduced the practical need for the form.
The FCC is also combining two separate self-approval procedures into one, which will help reduce confusion as to which process applies to any given product. The new combined process is called the Suppliers Declaration of Conformity and will allow device manufacturers to bring products to market in a more efficient manner while continuing to ensure compliance with the equipment authorization program.
Lastly, the First Report and Order (FCC 17-93) updates specific measurement procedures and clarifies certain standards that may be relied on for demonstrating that equipment complies with the rules. These changes allow the FCC to better and more quickly respond to changes in technology and international standards, and will aid the development of and speed the approval for new RF devices.
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
International Trade Compliance Update | August 2017
07-06-17 07-07-17 07-10-17 07-11-17 07-12-17
Environmental Protection Agency (EPA): Certain New Chemicals or Significant New Uses; Statements of Findings for March 2017 [EPAHQOPPT2017 0141; FRL996266] (N)
EPA: Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations [EPAHQOPP20170009; FRL996259] (N)
EPA: Product Cancellation Order for Certain Pesticide Registrations [EPA HQOPP20100014; FRL996288] (N)
EPA: Registration Review Proposed Interim Decisions for Aliphatic Esters, Mepiquat Chloride and Mepiquat Pentaborate, Propylene Glycol and Dipropylene Glycol, Triethylene Glycol, Bromuconazole, and Case Closures for ADAO, DMHMP, and Nuosept 145; Notice of Availability [EPAHQOPP20160729; FRL996105] (N)
EPA: Flubendiamide; Pesticide Tolerances [EPAHQOPP20070099; FRL 996213] (FR)
EPA: Indaziflam; Pesticide Tolerances [EPAHQOPP20160166; FRL 996261] (FR)
EPA: Oxirane, 2-methyl, Polymer With Oxirane, Hydrogen Sulfate, Ammonium Salt and Potassium Salt; Tolerance Exemption [EPAHQOPP20160066; FRL996260] (FR)
EPA: Titanium Dioxide; Exemption From the Requirement of a Tolerance [EPAHQOPP20160252; FRL996182] (FR)
EPA: Compliance Date Extension; Formaldehyde Emission Standards for Composite Wood [EPA-HQ-OPPT-2017-0244; FRL-9963-74] (DFR/W)
EPA: Product Cancellation Order for Certain Pesticide Registrations [EPA-HQOPP-2009-1017; FRL-9962-87] (N)
EPA: Flonicamid; Pesticide Tolerances [EPA-HQ-OPP-2016-0013; FRL-996215] (FR)
EPA: Prosulfuron; Pesticide Tolerances [EPA-HQ-OPP-2016-0218; FRL-996297] (FR)
EPA: Certain New Chemicals; Receipt and Status Information for April 2017 [EPA-HQ-OPPT-2016-0701; FRL-9962-98] (N)
EPA: Receipt of Information Under the Toxic Substances Control Act [EPAHQ-OPPT-2013-0677; FRL-9963-59] (N)
EPA: Scopes of the Risk Evaluations to be Conducted for the First Ten Chemical Substances under the Toxic Substances Control Act; Notice of Availability [EPA-HQ-OPPT-2017-0327; FRL-9963-57] (N)
Energy: Energy Conservation Program: Energy Conservation Standards for Walk-In Cooler and Freezer Refrigeration Systems [Docket Number EERE 2015BTSTD0016] (FR)
EPA: Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment [EPAHQOPP20170292; FRL996316] (N)
EPA: Buprofezin; Pesticide Tolerance [EPAHQOPP20160595; FRL 996206] (FR)
Energy: Energy Conservation Program: Test Procedures for Compressors [EERE2014BTTP0054] (RFI)
EPA: Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products [EPAHQOPPT20170243; FRL996306] (PR)
EPA: Labeling Relief; Formaldehyde Emission Standards for Composite Wood Products [EPAHQOPPT20170243; FRL996305] (DFR)
Drug Enforcement Administration (DEA): Schedules of Controlled Substances: Removal of Naldemedine From Control [Docket No. DEA468] (PR)
National Highway Traffic Safety Administration (NHTSA): Civil Penalties [Docket No. NHTSA20160136] (FR/DED)
NHTSA: Civil Penalties [Docket No. NHTSA20170059] (FR/Reconsideration, RFC)
International Trade Compliance Update | August 2017
07-13-17 07-14-17 07-19-17 07-25-17 07-26-17
07-27-17 07-28-17 07-31-17
Energy: Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps [EERE-2016-BT-TP-0029] (Notification of administrative stay)
DEA: Designation of Alpha-Phenylacetoacetonitrile (APAAN), a Precursor Chemical Used in the Illicit Manufacture of Phenylacetone, Methamphetamine, and Amphetamine, as a List I Chemical [Docket No. DEA-379] (FR)
DEA: Schedules of Controlled Substances: Temporary Placement of Acryl Fentanyl into Schedule I [Docket No. DEA-460] (Temporary Scheduling Order)
EPA: Difenoconazole; Pesticide Tolerances [EPA-HQ-OPP-2016-0254; FRL9962-05] (FR)
EPA: Procedures for Chemical Risk Evaluation under the Amended Toxic Substances Control Act [EPA-HQ-OPPT-2016-0654; FRL-9964-38] (FR)
EPA: Procedures for Prioritization of Chemicals for Risk Evaluation Under the Toxic Substances Control Act [EPA-HQ-OPPT-2016-0636; FRL-9964-24] (FR)
EPA: Guidance to Assist Interested Persons in Developing and Submitting Draft Risk Evaluations under the Toxic Substances Control Act [EPA-HQOPPT-2017-0341; FRL-9964-25] (N)
Energy: Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedure for Certain Categories of Commercial Air Conditioning and Heating Equipment [EERE-2017-BT-TP-0018] (RFI)
EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2017-0006; FRL9963-50] (N)
EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA-HQ-OPP-2017-0007; FRL-9963-52] (N)
NHTSA: Notice of Intent to Prepare an Environmental Impact Statement for Model Year 20222025 Corporate Average Fuel Economy Standards [Docket No. NHTSA-2017-0069] (N)
Pipeline and Hazardous Materials Safety Administration (PHMSA): International Standards on the Transport of Dangerous Goods [Docket No. PHMSA-20170037; Notice No. 2017-02] (N/RFC)
US Postal Service (USPS): Revision to Mailing Standards for Lithium Batteries
EPA: Ametoctradin; Pesticide Tolerance [EPA-HQ-OPP-2016-0518; FRL9963-04] (FR)
EPA: Fenpyroximate; Pesticide Tolerances [EPA-HQ-OPP-2016-0307; FRL9963-22] (FR)
EPA: Tolpyralate; Pesticide Tolerances [EPA-HQ-OPP-2015-0405; FRL-996415] (FR)
EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for May 2017 [EPA-HQ-OPPT-2017-0141; FRL-9963-92] (N)
EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA-HQ-OPP-2017-0008; FRL-9963-51] (N)
EPA: Fenamidone; Pesticide Tolerances [EPA-HQ-OPP-2016-0064; FRL9962-96] (FR)
EPA: Topramezone; Pesticide Tolerances [EPA-HQ-OPP-2015-0825; FRL9960-37] (FR)
EPA: Pseudomonas chlororaphis strain AFS009; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2016-0284; FRL-9961-77] (FR)
Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA): Information Collection; Federal Acquisition Regulation: Buy American, Trade Agreements, and Duty-Free Entry [OMB Control No. 90000024; Docket 20170053; Sequence 2] (N)
Energy: Energy Conservation Program: Test Procedure for Small Electric Motors and Electric Motors [EERE2017BTTP0047] (RFI)
International Trade Compliance Update | August 2017
US, Mexico amend sugar ADD and CVD suspension agreements
On July 11, 2017, the International Trade Administration, Commerce, published in the Federal Register a document [C201846] announcing that the Department of Commerce and a representative of the Government of Mexico have signed an amendment to the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (CVD Suspension Agreement). The amendment to the CVD Suspension Agreement modifies the definitions for sugar from Mexico, modifies the restrictions of the volume of direct or indirect exports to the United States of sugar from all Mexican producers/ exporters, and provides for enhanced monitoring and enforcement mechanisms.
On the same date, the Department of Commerce, published in the Federal Register a document [A201845] announcing that the Department of Commerce and a representative of the signatory sugar producers/exporters accounting for substantially all imports of sugar from Mexico have signed an amendment to the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (AD Suspension Agreement). The amendment to the AD Suspension Agreement modifies the definitions for sugar from Mexico, revises the reference prices for the applicable sugar from Mexico, and provides for enhanced monitoring and enforcement mechanisms.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
The Americas - South America
Changes to the current regulations applicable to automatic and non automatic Import Licenses
On 7 July 2017, Resolution 523/2017, issued by the Secretary of Commerce, introduced a number of changes to the current regulations applicable to Automatic (LA) and Non Automatic (LNA) Import Licenses.
To obtain a Non Automatic Importation License, importers must be previously registered with the Registro nico del Ministerio de Produccin (R.U.M.P.). It is also required to fill in a request with the Sistema Integral de Monitoreo de Importaciones (SIMI) and provide all the information regarding the exporter, importer and shipment required in the AFIP's on line system. Such information must be provided no longer than ten days after the oficializado status of the license.
For all the products subject to Non Automatic Importation Licenses, the Secretariat could require the importer to provide further information or documentation with respect to the operation. Said inquiries must be answered within ten business days after being duly notified. If not answered in time, the whole procedure would be automatically canceled.
International Trade Compliance Update | August 2017
In the import operations subject to Non Automatic Importation Licenses, the tolerance allowed will be: seven per cent in more or less- when it comes to FOB value declared and seven per cent in more -and no cap in less- when it comes to the quantity declared.
These changes will apply only to those Licenses requested after the resolution's issuance.
The public office in charge of the implementation of this new scheme is the Direccin Nacional de Facilitacin del Comercio Exterior, a division of the Secretariat of Foreign Commerce (Secretariat of Commerce) of the Ministry of Production.
For additional information, please contact Esteban Pablo Rpolo in our Buenos Aires office.
The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation].
07-07-17 10-07-17 12-07-17
Nat. Adm. of Medicines, Food and Medical Technology (ANMAT): Disp. 7146/2017 (29-07-17) banning household products containing active substance dichlorvos and professional products containing malathion. ANMAT: Disp. 7147/2017 (29-06-17) ban of certain cosmetics ANMAT: Disp. 7149/2017 (29-06-17) ban on Omeprazol Ilab capsules produced by Inmunolab SA Production: Res. 292-E/2017 b(07-07-17) relating to unified system for processing import licenses Production: Res. 523-E/2017 (07-07-17) Regarding import licensing [see article above]
Federal Adm. of Public Revenues (AFIP): Gen. Res. 4088-E (06-07-17) Abbreviated summary procedure for offenses established in Articles 994 and 995 of the Customs Code ANMAT: Disp. 7526/2017 (10-07-17) Prohibition on use and commercialization of certain medical products. Decree 503/2017 (12-07-17) Exemption from payment of import duties and other taxes for products originating in and coming from countries participating in the "XXXI Expo Unin de las Naciones" Decree 504/2017 (12-07-17) Exemption from payment of import duties and other taxes for products originating in and coming from countries participating in the "XV Feria FUNDAL de las Colectividades" ANMAT: Disp. 7523/2017 (10-07-17) Prohibition on use and commercialization of certain household products AFIP: Gen. Res. 4092-E (12-07-17) Exportation. Preventive reference values. General Resolution No. 2,716. Supplementary rule. Annexes I, II, III. Special Fiscal and Customs Arrangement: Decree 520/2017 (17-07-17) Modification of Decree 751/2012 Special Tax and Customs Regime was established within the current Province of Tierra del Fuego, Antarctica and the islands of the Southern Atlantic ANMAT: Disp. 7738/2017 (14-07-17) Prohibition of commercialization of certain food products ANMAT: Disp. 7741/2017 (14-07-17) Prohibition of commercialization of certain
International Trade Compliance Update | August 2017
19-07-17 20-07-17 24-07-17 27-07-17 28-07-17 31-07-17
food products ANMAT: Disp. 7728/2017 (14-07-17) Prohibition of maketing of certain food products ANMAT: Disp. 7733/2017 (14-07-17) Prohibition of commercialization of certain food products ANMAT: Disp. 7731/2017 (14-07-17) Prohibition on use and distribution of certain medical products ANMAT: Disp. 7736/2017 (14-07-17) Prohibition on use and distribution of certain medical products Importations: Decree 523/2017 (18-07-17) Modification. Decree No. 1330/2004 regarding temporary imports for export production ANMAT: Disp. 7933/2017 (17-07-17) Prohibition of commercialization of certain medical products Production Sec. of Foreign Trade: Disp. 35-E/2017 (20-07-17) The issuance and subscription of the Certificates of Import of Used Goods (CIBU) Decree 570/2017 (26-07-17) "Expo Products and Handicrafts of the World Winter 2017". Exempt payment of import duty and other charges AFIP: General Resolution 4097-E / 2017 (26-07-17) Import. Specialized Customs. General Resolution No. 1,924, as amended and supplemented. Its repeal Foreign Trade: Decree 592/2017 (28-07-17) Modification of Decree 509/2007 regarding refunds on exported goods
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Dirio Oficial da Unio publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Dirio Oficial da Unio (Official Gazette) during the period covered by this Update.
CAMEX Res. 41 (27-06-17) grants temporary reduction of the Import Tax rate pursuant to Resolution 08/08 of the Common Market Group of Mercosur
SECEX Ordinance 23 (29-06-17) Establishes criteria for the allocation of import quotas, determined by CAMEX Resolution No. 41 of June 27, 2017.
CAMEX Res. 42 (29-06-17) Extends the term of validity of Ex-Tariffs for Capital Goods and Computer and Telecommunication Goods
CAMEX Res. 43 (05-07-17) Changes Art. 1 of CAMEX Resolution 50, of July 27, 2010, which indicates representatives, incumbents and substitutes, to the Management Board of the Brazilian Cotton Institute (IBA).
CAMEX Res. 49 (05-07-17) Grants temporary reduction of the Import Tax rate pursuant to Resolution n 08/08 of the Mercosur Common Market Group, and changes the Brazilian List of Exceptions to the Mercosur Common External Tariff
CAMEX Res. 50 (05-07-17) Changes to 2% (two percent) the import tax rates levied on IT and Telecommunications Goods, in the condition of Ex-tariffs.
CAMEX Res. 51 (05-07-17) Changes to 0% and 2% (zero and two percent) the Import Tax rates on Capital Goods, in the condition of Ex-Tariffs
CAMEX Res. 52 (05-07-17) Changes constant auto list of Annexes I and II to CAMEX Resolution n 116, December 18, 2014 [ECA 14 Argentina and
International Trade Compliance Update | August 2017
CAMEX Res. 53 (05-07-17) Extends the temporary reduction of the Import Tax rate under the Brazilian List of Exceptions to the MERCOSUR Common External Tariff
CAMEX Res. 54 (05-07-17) Incorporates the Resolutions 13/17, 14/17 and 15/17 of the Mercosur Common Market Group to national legislation and other measures
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
National Customs postings and Diario Oficial
The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la Repblica de Chile (Official Gazette). A subscription may be required for certain documents. [Partial list; Unofficial translation].
11-07-17 12-07-17 14-07-17 15-07-17 17-07-17
Foreign Affairs: Decree 99 of 2016. Promulgates Decision No 2 of 2015 of the EU-Chile Association Committee on the replacement of Article 12 of Title III of Annex III to the Agreement establishing an association between the Community And its Member States, of the one part, and the Republic of Chile, of the other part, on direct transport within the framework of the Economic Partnership Agreement between Chile and the European Union
Foreign Affairs: Decree 100, of 2016. - Promulgates Decision No. 2 of 2006 of the Chile-EFTA Joint Committee of the Free Trade Agreement between the Republic of Chile and the Member States of the European Free Trade Association, on the approval of the Explanatory notes on the interpretation, application and administration of Annex I
Hacienda: Exempt decree 252, of 2017.- International declaration and permits fairground corresponding to the exhibition Exposeguridad 2017
Hacienda: Resolution 3,963, of 2017.- Approves use of information from the computerized system of electronic transmission of customs offices
Hacienda: Resolution 56, of 2017.- Establishes procedures and instructions for granting relief from customs duty
Hacienda: Exempt Resolution 4,089, of 2017.- Delegates to Regional Directors and Customs Administrators
Foreign Affairs: Decree 9, of 2017.- Compliance with resolutions No. 2,087, 2013, No. 2,270, of 2016, and No. 2,321, of 2016, approved by the United Nations Security Council, concerning the Democratic People's Republic of Korea
Foreign Affairs: Decree 66, 2017. - Promulgates Decision No 3 of 2015 of the EU-Chile Association Committee, replacing Appendix II of Annex III to the Agreement establishing an association between the European Community and its Member States Of the one part, and the Republic of Chile, of the other part
Foreign Affairs: Decree No. 72 of 2017.- Promulgates Decision No. 1 of the Free Trade Commission of the Additional Protocol to the Framework Agreement of the Pacific Alliance on Recognition of Electronically Signed Documents in the Framework of Interoperability of Single Trade Windows Exterior in the Pacific Alliance
Hacienda: Exempt Decree 280, of 2017.- Applies reductions of customs duties for the import of raw sugar, refined sugar grades 1 and 2, and refined sugar
International Trade Compliance Update | August 2017
Subject grades 3 and 4, and substandard
Classification opinions, advance rulings and classification valuation and origin decisions
The National Customs Service has made Advance Classification Rulings (Resoluciones Anticipadas Clasificacin) from 2010 to the present available. Post entry Classification, valuation and origin decisions on claims (fallos de reclamaciones) at the first and second instance levels from 2003 to the present are also available.
Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here.
Tariff Classification Resolutions may be found here.
MinCIT, MinHacienda and DIAN Documents
The following documents of interest to international traders were posted by the Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN). [Note that reference prices for agricultural products are no longer included in the Update]:
07-07-17 18-07-17 31-07-17
MinCIT: Decree 1116 "By which the Customs Tariff is partially modified and provisions are established for the importation of hybrid vehicles and charging systems"
DIAN: External Cir. 000012/2017 (17-07-17) Guidelines for requesting cancellation of sworn statements of origin.
DIAN: Circular_293 Ad valorem levies applicable to reference agricultural products, their substitutes, agroindustrial products or by-products
DIAN: Circular 000025 Reference Prices of Agricultural Products
The WTO reports that Ecuador told a meeting of the WTO's Committee on Balance-of-Payments Restrictions on 21 July that the final phase-out of the surcharges was made effective on 1 June. The report stated that:
Ecuador imposed the surcharges in March 2015, for 15 months, in response to a sharp drop in oil prices starting in late 2014, which led to a deterioration in the country's balance of payments. The tariff surcharges were initially fixed at between 5% and 45% and were applied to nearly 3,000 tariff lines, or 38% of the country's total.
Following an earthquake which struck the country in April 2016, Ecuador decided to extend the surcharge for one year, until June 2017.
International Trade Compliance Update | August 2017
Humberto Jimnez Torres, Vice Minister of Negotiations, Integration and Trade Defence in Ecuador's Ministry of Foreign Trade, told the committee that the safeguard made it possible for Ecuador to protect its external financial situation, restore macroeconomic balance and safeguard its dollarized economy.
Ecuador's government said that it was not considering re-establishing, or establishing any new, safeguard measure for balance of payments purposes. According to Mr. Torres, Ecuador is seeking to increase trade by expanding its network of free trade agreements.
A searchable Tariff Classification Resolution (ruling) database (from 2006 through the present) is available. It may be searched by the tariff number, resolution number, or description. The database currently has approximately 7400 resolutions, some with photographs.
SUNAT and El Peruano publications
The following documents of interest to international traders were posted during the past month by SUNAT (National Superintendent of Customs and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (dd-mm-yy):
05-07-17 12-07-17 19-07-17
24-07-17 27-07-17 28-07-17
SUNAT: Resolution No. 11-2017 / SUNAT / 5F0000 Modify Specific Procedures Valuation of Goods under the WTO Value Agreement DESPA-PE.01.10a (version 6)
SUNAT: Resolution No. 10-2017-SUNAT / 5F0000 Modify the General Procedure Certification of Authorized Economic Operator DESPA.PG.29 (version 2)
External Trade and Tourism: Ministerial Resolution No. 248-2017-MINCETUR / DM Designate members and alternates of the Special Commission in charge of implementing and putting into operation the Single Window of Foreign Trade VUCE
SUNAT: Resolution No. 13-2017 / SUNAT / 5F0000 Modify Specific Procedures Valuation of Goods under the WTO Value Agreement DESPA-PE.01.10a (version 6)
SUNAT: Resolution No. 15-2017-SUNAT / 5F0000 Modify the Specific Procedure Non-Intrusive Inspection Physical Inspection and Physical Recognition of Goods in the Customs Complex of the Callao Maritime Customs Intendance CONTROL-PE.00.09 (Version 1)
SUNAT: Resolution No. 14-2017-SUNAT / 5F0000 Modify the Specific Procedure Early Resolutions related to the application of returns suspensions exemptions from customs duties and reimportation of goods repaired or altered under the Trade Promotion Agreement signed between Peru and the United States DESPA-PE.00.15 (version 1)
Agriculture and Irrigation: Ministerial Resolution 0298-2017- MINAGRI With effect from December 31, 2016, the export quota for alpaca corresponding to the year 2017
SUNAT: Resolution No. 16-2017 / SUNAT / 5F0000 Approve the Specific Procedure Application of Tariff Rights Other Taxes on Import for Consumption and Surcharges DESPA-PE.01.08 (version 2)
SUNAT: Resolution No. 18-2017-SUNAT / 5F0000 Approve Specific Procedure Donation of Goods from Abroad DESPA-PE.01.02 (version 3)
SUNAT: Resolution No. 17-2017 / SUNAT / 5F0000 Approve the Specific Procedure Tariff Classification of Goods DESPA-PE.00.09 (version 4)
International Trade Compliance Update | August 2017
SUNAT: Resolution No. 118 3D0000 / 2017-000314 Authorize the Organic Units of the Intendance of Maritime Customs of Callao to suspend the computation of terms of customs procedures affected by computer contingency that affected the computer systems of APM TERMINALS CALLAO SA
[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.]
Penalty unit value increased as of 1 July
Department of Immigration and Border Protection (DIBP) Notice No. 2017/19 announced an increase to Commonwealth penalty unit value from A$180 to A$210 as of 1 July 2017. Consequently, the maximum financial penalties for committing various Commonwealth offences also rose from this date. Under most Commonwealth laws, financial penalties are generally expressed in terms of `penalty units' instead of dollar figures. As an example, a maximum fine would generally be expressed as `10 penalty units' as opposed to a dollar value of A$2,100.
This increase in the value of the penalty unit will ensure that financial penalties remain an effective punishment and deterrent to the commission of Commonwealth offences. To ensure the real value of the penalty unit is maintained, the penalty unit will then be automatically increased according to inflation every three years, beginning from 1 July 2020.
The new penalty unit value will only apply to offences that are committed on or after 1 July 2017. This means that the changes will not apply to current proceedings or offences that were committed before this date. Any fines imposed for offences committed before 1 July 2017 will be based on the value of the penalty unit at the time the offence was committed.
A table in the Notice illustrates the change with examples that indicate the maximum penalty a court may impose and what will be imposed under the Infringement Notice Scheme (INS) that came into effect on 1 February 2014.
DIBP recognises that behaviour falls on a spectrum ranging from positive compliance through to intentional or criminal non-compliance. DIBP employs a suite of treatments that are proportionate to the compliance behaviours identified and the level of risk they pose. These range from, but are not limited to, education and awareness initiatives through to the issuing of administrative penalties or prosecution for systemic or serious breaches.
Statutory review of existing autonomous sanctions listings in relation to Ukraine - public consultations
On 14 July 2017, the Department of Foreign Affairs and Trade (DFAT) announced that it was inviting members of the public to comment on a review of Australia's autonomous sanctions imposed on 63 individuals and 21 entities in response to Russia's ongoing threat to the sovereignty and territorial integrity of Ukraine.
International Trade Compliance Update | August 2017
These individuals and entities have been designated for the purpose of targeted financial sanctions and these individuals have also been declared for the purpose of travel bans by the Minister for Foreign Affairs.
Designations and declarations made under the Autonomous Sanctions Regulations 2011 expire after three years, unless extended by the Minister. The designations and declarations under review were made by the Minister on 2 September 2014 and will expire on 2 September 2017 unless extended.
Details of the listings currently under review and how to make a submission.
Submissions will be accepted until 5pm on Wednesday 2 August 2017.
The full list of individuals and entities designated for targeted financial sanctions under Australian law, including for Australian autonomous sanctions in relation to Ukraine, is on the DFAT Consolidated List.
The following Department of Immigration and Border Protection (DIBP) Notices and Cargo advices (ACCA) were issued during the period covered by this Update:
Increase to Commonwealth penalty unit value from $180 to $210
20-07-17 DIBP 2017/21 Assurances that imported goods do not contain asbestos
The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes as noted(dd-mm-yy):
05-07-17 12-07-17 19-07-17 26-07-17
TC 17-29 TC 17-30 TC 17-31 TC 17-32
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
China (including Hong Kong SAR)
The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy):
International Trade Compliance Update | August 2017
Notice on Further Simplifying the Requirements for the Administration of the Origin of Transit Goods in Hong Kong and Macau Notice on the Implementation of the Requirement for the Declaration of Commodity Numbers for the Imple-
mentation of the Provisional Anti-Dumping measures Notice on Carrying out Follow-up Verification Notice on the Reform of the Model of Processing Trade for Enterprises as a Unit Relevant Issues Concerning the Implementation of the Catalog of Guidance on Foreign Investment Industries (Revised 2017 Interim Measures for the Establishment and Change of Record-keeping of Foreign-funded Enterprises Notice on further clarification of tax relief for taxation Simplification of Matters in the Processing Trade Announcement on Publication of the Administrative Arrangement (II) of Commodity Classification in 2017
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Other CBEC and DGFT notifications, circulars and instructions
The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Cir) and instructions (other than antidumping, countervailing duty and safeguard) and Directorate General of Foreign Trade (DGFT) notifications (N) and public notices (PN) were issued during the period covered by this Update:
40/2017-Cus (T) 41/2017-Cus (T) 42/2017-Cus (T) 43/2017-Cus (T) 44/2017-Cus (T) 45/2017-Cus (T)
Grants exemption to imports from Bhutan and Nepal from Basic Customs dated 30th June 2017 Duty
Grants exemption to Challenge cups, trophies and medals and prizes etc. won by Indian players
Amends notification Nos. 102/2007 dated the 14th September, 2007, 4/99 dated the 8th January 1999, 172/1994 dated the 30th September 1994
Amends Specified exemption notifications relating to reimport, bilateral/ multilateral agreements, imports by defence, security, sportsperson
Grants exemption to re-import of goods exported under duty drawback, rebate of duty or under bond on or after the 1st July 2017
Grants exemption to re-import of goods exported under duty drawback, rebate of duty or under bond on or after the 1st July 2017
Grants exemption to re-import of goods exported under duty drawback, rebate of duty or under bond on or before the 30th June 2017
Grants exemption to re-import of goods in Fourth schedule exported under duty drawback, rebate of duty or under bond
International Trade Compliance Update | August 2017
01-07-17 05-07-17 08-07-17 10-07-17
14-07-17 27-07-17 05-07-17 12-07-17
51/2017-Cus (T) 52/2017-Cus (T) 53/2017-Cus (T) 54/2017-Cus (T) 55/2017-Cus (T) 56/2017-Cus (T) 57/2017-Cus (T) 58/2017-Cus (T) 59/2017-Cus (T) 60/2017-Cus (T) 61/2017-Cus (T) 62/2017-Cus (T)
63/2017-Cus (T) 64/2017-Cus (T) 65/2017-Cus (T)
Grants exemption to re-import of catering cabin equipments, etc. by Indian Airlines Exempts SAD on goods in Fourth schedule to central excise act Supersedes notification No. 12/2012- Customs dated 17.03.2012 and prescribes effective rates of customs duty and IGST for goods imported into India
Corrigendum and Corrigendum Supersedes notification number 21/2012-customs Prescribes effective rate of duty on goods specified in the notification Levies SAD on the goods specified in the notification. Exempts education cess on IGST and Compensation cess on import of goods Exempts secondary and higher education cess on IGST and Compensation cess on import of goods Increase Tariff rate of BCD on certain goods Prescribes BCD rates on certain electronic goods Amends Notification 24-2005-customs Rescinds notification no. 318/1976-Customs, dated the 2nd August, 1976 Amendment to Notification No. 40/2015-Custom dated 21.07.2015 Amendment to Notification No. 09/2012-Custom dated 09.03.2012 Amendment to Notification no. 52/2003-Custom dated 31.03.2003 Notification for further amendment in CBEC Tariff Value Notification No. 62/2017-Customs (N.T.) dated 30.06.2017 [Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy
Seeds, Areca Nut, Gold and Sliver]
Amendment in Notification No. 12/2012-Cus dated 17.03.2012 IGST exemption to SEZs on import of Goods by a unit/developer in an SEZ Amend Notification No. 50/2017-Customs dated 30.06.2017 [prescribes effective rates of customs duty and IGST for
Increases import duty on sugar [Raw sugar, Refined or White sugar, Raw sugar if imported by bulk consumer under tariff head 1701, from the present 40% to 50% with immediate effect and without an end date Further amends notification no. 25/2005-customs dated 01.03.2005. [exempting certain goods from duty] Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver Amends Notification No. 96/2008-Customs dated 13-08-08 to insert S. No. 35-Republic of Niger and S. No. 36 Republic of Guinea in the Schedule to the notification
Export policy of Sandalwood Amendment in Chapter Notes and Import Policy and Policy Conditions of items under Chapter 98 of ITC (HS), 2017 Schedule - 1 (Import Policy)
International Trade Compliance Update | August 2017
26-07-17 PN:11/2015-2020 of the Handbook of Procedures (HBP) of Foreign Trade
Modification of SION existing at Sl. No. E 8 for export product ` Cashew Kernel
Allocation of quantity for export of preferential quota sugar to USA under TRQ quota
Trade in Border Haats (markets) across the border between Bangladesh and India
Allocation of quantity (non-country specific) for export of
No.12/2018 sugar to USA under Tariff Rate Quota (TRQ)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Orders and Notices to enforce Revised Foreign Exchange and Foreign Trade Act issues
On July 14, 2017, the Ministry of Economy, Trade and Industry (METI) announced that the Cabinet and Ministerial Orders and the Public Notices required for the enforcement of the Revised Foreign Exchange and Foreign Trade Act (Revised Act) were promulgated and publicized in the Official Gazette on July 14, 2017. Aiming to exercise the strict control of critical technologies and goods and enhance the effectiveness of sanctions related to any illegal acts concerning imports and exports, the Revised Act increases the severity of penalties and tightens administrative sanctions imposed on import/export regulation violators and strengthens the regulations concerning inward direct investment related security.
The Revised Act was discussed at the ordinary session of the Diet in 2017 and enacted in May 2017. The Cabinet Order sets the effective date of the Revised Act as October 1, 2017.
To address businesses that evade sanctions under the import/export prohibition order by using distinct companies, the Revised Act introduces a new system in which Japan is allowed to issue a prohibition order to board members or employees of a company on which an import/export prohibition order has been imposed, preventing them from taking board member or other positions in charge of import/export operations in another company.
Regarding this system, the Cabinet and Ministerial Orders define the term "employee" subject to the above order, as "personnel who supervise business conducted in the business offices" and/or "personnel who substantially act for any other business equivalent to the former business including those who routinely supervise business."
The direct investment measures include provisions related to specified acquisi-
tions. The Revised Act add specified acquisition (a transfer of shares issued by non-listed companies between foreign investorsinto the coverage of controlled
International Trade Compliance Update | August 2017
targets under the system in which foreign investors are required to submit a prior notification and receive an examination.
The Cabinet and Ministerial Orders and the Public Notice stipulate specified acquisitions for which foreign investors are not required to submit a prior notification (acquisition through inheritance or as a testamentary gift) and those for which specified business types are subject to the submission of prior notifications (e.g., weapon manufacturing industries).
The Revised Act establishes a system in which government orders to take corrective measures (e.g., orders to sell stockmay be imposed on a foreign investor who has made an illegal inward direct investment (e.g., without submitting a notification). The Cabinet and Ministerial Orders will stipulate specific methods for advancing necessary measures and communicating orders, e.g., delivery of a document describing the details of such orders by mail, or by personal service, while returning the document by making service by publication effective in the case that recipient's address is unknown.
By way of background, the Strategic Trade Act 2010 (STA) came into force on 1 January 2011 and implemented for the first time in Malaysia export controls based on the Wassenaar Arrangement, the Australia Group, the Missile Technology Control Regime, and the Nuclear Suppliers Group. Malaysia was the second country within ASEAN to implement such export controls after Singapore.
The STA applies to any person who exports, transships, brings-in-transit and brokers strategic items or unlisted items, whereby a permit would be required from the Strategic Trade Controller of the Ministry of International Trade and Industry (MITI). Strategic items are prescribed in the Strategic Trade (Strategic Items) Order 2010 (updated as of 2017), which provides two separate lists for military items and dual-use items.
Since the inception of the STA, MITI as the relevant ministry in charge of the STA, has lead various efforts across industries in both the private and public sector to raise awareness of export control obligations under the STA and its licensing requirements. In its efforts also to be more trade facilitative, MITI had engaged various stakeholders to study the impact of the STA on business, and to identify areas of improvement.
One common criticism of the STA centered around the wide definition of the term 'brokering', as the existing term caught not only intermediaries who buy and sell strategic items on behalf of others, but also those facilitating the purchasing, financing, conveying, sale or supply of such items. This was broad enough to cover a wide range of persons involved in any transaction within a supply chain such as freight forwarders, financiers, insurers, and even persons providing supportbased services which could be deemed to facilitate the sale or supply of strategic items.
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The other criticism of the STA surrounded the harsh penalties that could be imposed under the STA, from the death penalty for exports of or brokering of military arms without a licence (which results in death), to minimum fines of MYR 10 to 30 million (approximately USD 2.38 to 7.2 million) for corporations found to have exported strategic or unlisted items without a licence, and MYR 5 to 10 million (approximately USD 1.2 to 2.38 million) for individuals found to have exported strategic or unlisted items without a licence.
Through industry efforts and the support of MITI to ensure that Malaysia remains competitive as a trading hub, amendments were proposed to the STA. On 27 April 2017, the Strategic Trade (Amendment) Bill 2017 (Amending Bill) was passed by the Upper House of Parliament and finally received royal assent on 19 June 2017. The effective date of the Act has yet to be announced but is expected to be gazetted soon.
The Amending Bill introduces new provisions within the STA and amends several existing provisions within the STA. The key changes under the Act are summarised as follows:
a) Refined "Brokering" Definition and Carve-Out for 'Ancillary Services'
Under the STA, any act of brokering of strategic items requires a valid broker registration permit from MITI. As stated above, under the previous definition, "brokering" was very widely defined to include any acts of facilitating the purchase, financing, insurance, conveyance, sale or supply of strategic items. The Amending Bill has removed the term facilitation, and restricts the application of the term to any person who negotiates or arranges the purchase, sale or supply of strategic items, or who purchases, sells or supplies strategic items, from one foreign country to another foreign country.
A specific exclusion is also given to any person whose sole involvement in a strategic item transaction, is to provide 'ancillary services', which includes transportation, financial services, insurance or re-insurance, general advertisement, or any other ancillary services as may be determined by MITI.
The effect of the amendment is to restrict the brokering registration requirement to only transactions occurring outside Malaysia, whereas the previous position applied to transactions within Malaysia, from within Malaysia to outside Malaysia, and vice versa. The carve-out provided in new section 11(4) is also useful to persons providing 'ancillary services' to bring them outside the scope of the brokering registration requirement.
b) Broader Definition of "Authorised Officers"
Under the STA, powers of enforcement of the act were granted to officers from the Royal Malaysian Customs Department, the Royal Malaysia Police, the Malaysian Maritime Enforcement Agency and the Malaysian Communications and Multimedia Commission. The Amending Bill now extends such powers to officers from the Atomic Energy Licensing Board (AELB), the Pharmaceutical Services Division (PSD), the Central Bank of Malaysia, the Securities Commission of Malaysia and the Labuan Financial Services Authority.
This amendment was deemed appropriate as it would afford agencies such as the AELB and PSD (which are involved in reviewing and approving licence applications for strategic items related to nuclear and chemical items) enforcement powers for offences involving items falling under their purview and expertise. On the other hand, the enforcement powers given to the Central Bank of Malaysia, the Securities Commission of Malaysia, and the Labuan Financial Services Authority would be required in relation to offences regarding provision of financial services, funds or other types of
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economic resources or assistance to persons falling within the Strategic Trade (Restricted End-Users and Prohibited End-Users) Order 2010.
c) Presumption as to Export
The Amending Bill introduces a new provision in the form of section 12A to provide that strategic items and unlisted items will be deemed to have been exported from Malaysia if such items (i) have been cleared by Customs on their route out of Malaysia, (ii) have been loaded onto a conveyance which is about to depart from a port or place in Malaysia, or (iii) have been cleared by Customs at an inland clearing depot or customs station on their route out of Malaysia through a customs port or airport.
d) Requirement of 'End-Use' Statements now Optional rather than Mandatory
Previously under the STA, any person applying for a licence (to export, transship or bring-in-transit strategic items) or special licence (to export to restricted end-users) under section 14 of the act, shall accompany such application with an end-use statement in the prescribed format. Under the Amending Bill, it is no longer mandatory for the exporter to provide an end-use statement for an application for a licence or special licence unless required by MITI.
e) Replacement of Minimum Fines to Maximum Fines
Penalties for offences under the STA were previously imposed on a 'minimum penalty' basis (e.g. minimum of five (5) years imprisonment, and/or minimum fines of MYR 5 million). Whilst the penalty amounts under the STA remain the same, these are now prescribed to be on a 'maximum penalty' basis (e.g. maximum of five (5) years imprisonment, and/or minimum fines of MYR 5 million).
f) Power to Compound Offences under the STA
Previously under the STA, there was no provision for compounding of any offences committed the act. In other words, MITI had no discretion to compound an offence committed under the act by offering a fine in exchange for non-prosecution of any offence. These powers are generally useful as they allow authorities a discretion to compound less serious offences which may not warrant prosecution (e.g. intra-group transfers of strategic items, inadvertent exports to 'low-risk' countries or end-users, or other non-compliances of a less serious nature).
Accordingly, under the existing STA, MITI would have no other option but to refer any non-compliances to the Attorney General's Chambers for a decision on whether to prosecute an offence under the act. If found guilty, minor offenders and serious offenders alike were subjected to harsh penalties under the STA.
Based on the Amending Bill, the Minister of International Trade and Industry may make regulations prescribing any offences under the Act to be a compoundable offence, and set out the criteria for compounding of such offence and the method and procedure to compound such offence.
Based on such regulations, any authorised officer may make a written offer to the person suspected of committing an offence to compound such offence by paying a sum not more than 50% of the maximum fine prescribed for such offence. Such offer would need to have obtained the consent in writing of the public prosecutor. To date however, the regulations setting out the criteria for MITI to compound an offence under the STA is still pending.
The Amending Bill introduces much welcomed changes to the STA and MITI is commended on its efforts in pushing ahead with the amendments to have more trade-facilitative export control laws, to cater to today's changing and dynamic
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business environment. This is important as Malaysia remains a crucial trading partner of many major economies around the world and is plugged into international supply chains.
The new brokering definition is particularly helpful to companies falling within the 'unjustifiably wide' ambit of the brokering controls previously, and the introduction of compounding provisions and maximum penalties also make it useful for companies who have inadvertent gaps in export control compliance to go forward to the authorities to disclose non-compliances and receive administrative fines without criminal sanctions in return. This will contribute towards a higher compliance culture, akin to other more developed countries who have also adopted export control legislation around the world.
As the regulations prescribing the criteria to compound offences under the STA have not been announced, this will be awaited with baited breath by industry professionals and practitioners alike.
It should be noted also that whilst the Amending Bill has introduced more flexibility to the STA, there could also be heightened monitoring and enforcement of the licensing obligations under the act given the extension of powers now given to additional government authorities and agencies. As such, businesses are well advised to ensure strict and continued compliance with export control laws under the STA to minimise risks and exposure moving forward.
For additional information, please contact Adeline Wong.
New GST relief on supplies directly connected to exported goods
The Royal Malaysian Customs Department (Customs) recently issued a Goods and Services Tax (GST) Relief by the Minister of Finance 1/2017 (Relief 1/2017) granting suppliers a relief from the obligation to charge GST on certain types of supplies which are made directly in connection with exported goods, subject to certain prescribed conditions.
The Relief 1/2017, which was made pursuant to Section 56(3)(b) of the Goods and Services Tax Act 2014, came into effect on 1 July 2017.
Types of Supplies Granted GST Relief
The supplies which are granted GST relief under the Relief 1/2017 are categorised under four broad groups. These four groups of supplies are summarised in the table below:
Handling services or storage services directly in connection with goods for export, such as:
transport ancillary to the handling of ship or aircraft cargo; stevedoring and porterage; loading, unloading, reloading, stowing, securing and shifting cargo
for the use of cranes and weighing machines together with an operator; soiling, opening for inspection, repairing and making good, weigh-
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ing and taring, taping and sealing, erasing and re-marking, labelling and re-numbering, tallying, checking, sampling, measuring or gauging of goods; packing and unpacking of cargo; survey of cargo; cargo security services; presenting goods for Customs examination; preparing or amending Customs entries; preparing or amending bills of lading, air waybills and certificates of shipment; container handling for which a box charge is made; or transit rate, basic rate, consolidated rate and stevedoring rate, if they relate solely to goods handling at free zone.
Supply of services by a company with licensed manufacturing warehouse status or a company operating in a free zone directly in connection with goods for export, such as:
manufacturing activities; activities in the construction, building and modifications of the ship
(including any floating structure) and aircraft; maintenance, repair and overhaul activities of floating structure; installation, repair, cleaning, restoration and modification of the
goods; or blending, homogenising, heating and other related activities in the
Supply of research and development ("R&D") services directly in connection with goods for export involving:
the research, design and development of a new product; or the enhancement of an existing product.
Supply of tools or machines which are highly customised or specialised in nature and used for the manufacturing of goods in Malaysia and services directly in connection with such tools or machines.
Prescribed Conditions of the GST Relief
The prescribed conditions of the GST relief, as set out in the Relief 1/2017, include:
Recipient of the supply must be an overseas customer
The supply must be made to an overseas customer wholly in his business capacity and who:
(a) belongs in a country other than Malaysia; (b) is outside Malaysia at the time the services are performed; and (c) does not have a fixed establishment in Malaysia including a branch or an agency through which the overseas customer carries on a business in Malaysia. Approval of the Director General of Customs (DG)
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A supplier in respect of a supply under Group 2 or 3 is required to apply for the DG's approval by way of a written application in order for the supply to be relieved from GST.
Export of the relevant goods
The goods in respect of which the supply of services is made must be exported in order to be eligible for the relief.
(a) For supplies under Groups 1, 2, and 3, the goods must be exported within 60 days from the date of completion of the services to qualify for GST relief. Additionally, a written confirmation from the overseas customer to the supplier stating that the goods are to be exported within the 60 days period is required. (b) For supplies under Group 4, the tools or machines must be exported after the manufacturing process.
With regards to Group 1 specifically, if the goods are sent by the supplier to a third party in Malaysia for other services, the services supplied by the supplier would be subject to GST, unless the goods are subsequently exported by the third party within 60 days from the date of completion of the services by the third party or any other approved period.
To qualify for GST relief, the supplier is also required to keep and maintain certain documentations, for example:
(a) the purchase order issued by the overseas customer to the supplier or the relevant contract between the supplier and the overseas customer;
(b) the tax invoice issued by the supplier to the overseas customer in respect of the services;
(c) the proof of payment of the services made by the overseas customer to the supplier; and
(d) the relevant export documents, such as the Customs Prescribed Form K2 / Form K8 or the Free Zone Prescribed Form ZB1.
In light of the Relief 1/2017, it would be timely for GST-registered businesses that make supplies which are directly in connection with exported goods to undertake a review to determine if their supplies would fall under the scope of this new GST relief and if it would be reasonably practical for the business to comply with all prescribed conditions of the relief. If so, it would be prudent to exercise care in ensuring that all the relevant conditions are complied with in order to enjoy the GST relief under the Relief 1/2017 and that the transactions are reported correctly in the GST returns.
For additional information, please contact the one of the authors, Adeline Wong or Yvonne Beh.
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The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette
P.U. (A) 196/2017 - Customs Duties (Amendment) (No. 3) Order 2017 - Customs Act 1967
P.U. (B) 368/2017 - Notification of Values of Crude Petroleum Oil Under Section 12 - Customs Act 1967 P.U. (B) 369/2017 - Notification of Values of Crude Palm Oil Under Section 12 Customs Act 1967 P.U. (B) 385/2017 - Notification of Values of Palm Kernel Under Section 12 - Customs Act 1967 P.U. (A) 225/2017 - Customs (Prohibition of Imports) (Amendment) Order 2017 - Customs Act 1967
Monthly compendiums of Customs classification rulings (with images where available) are available on the recently redesigned Royal Malaysian Customs Department website. Although the rulings are written in Malay, the product is usually listed in English and there are often English language descriptions and references to rulings in English from other Customs administrations. The rulings may be found under the topic: Ketetapan Kastam.
From 1 August 2017 exporters of indigenous timber will need to have a single use permit number to clear their export entries through New Zealand Customs' computer system. The non transferable permit number will be provided to the exporter by the Ministry for Primary Industries on the completed approved Intention To Export (ITE) form. The export of indigenous timber is prohibited unless the conditions of section 67C of the Forests Act 1949 have been met.
There is no change to the requirements which exporters must meet to obtain the required approval to export. This process change will facilitate the clearance of appropriately approved, lawful exports.
Further information necessary for exporters of indigenous timber can be found here. Specific information on the export of swamp kauri can be found here.
Any queries on the export of indigenous timber should be directed to [email protected]
Consultation on draft regulations for drawbacks of duty
On 14 July 2017, the N.Z. Customs Service (NZCS) reported that the Customs and Excise Bill is currently awaiting its Second Reading in Parliament, and NZCS is working on draft regulations for implementation of the Bill relating to duty drawbacks (refunds where duty-paid goods are later exported). NZCS is seeking public feedback by 19 July. The NZCS preferred approach is outlined below:
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The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
NZCS wishes to maintain exporters' ability to make late and periodic drawbacks under s149 of the Bill. The agency is proposing:
1. An exporter can make a drawback claim up to four years from the date of the relevant export entry, provided that the chief executive of Customs is satisfied with evidence supporting:
1.1 the amount of duty originally paid on the goods
1.2 the shipment of goods to an overseas destination
1.3 reasons given by the exporter for a late drawback application
1.4 any other matter that is reasonable in relation to the drawback application.
2. An exporter can make a drawback claim for all exports made during a period not exceeding three months, provided the chief executive of Customs is satisfied with evidence that:
2.1 filing a drawback with an export entry would be unduly onerous on the exporter, given the volume of exports
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
2.2 the exporter has an acceptable record of compliance with Customs requirements
2.3 the exporter has documented systems in place to account for, track and demonstrate that each periodic drawback was the correct amount for the permitted period, and that
2.4 the exporter agrees to any conditions that the chief executive of Customs may reasonably require in granting permission for periodic drawbacks.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only.
3. The current regulation (68(1)(a)) states that the deadline for a standard drawback is six hours prior to the intention of shipping. The NZCS proposes instead that drawbacks are to be made at the time of the export entry to align the requirement with current practice and the provisions in the Bill.
Changes to the Strategic Goods Control List
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
The new Strategic Goods (Control) Order 2017 ("SGCO 2017") was gazetted on 3 July 2017, and will come into effect from 1 September 2017.
The SGCO 2017 brings Singapore's strategic goods control list up to date with the 2016 Wassenaar Arrangement Munitions List, and the 2016 European Union's List of Dual-Use Items ("EUDL"). The EUDL contains dual-use items controlled by the four multilateral export control regimes (the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Wassenaar Arrangement).
The SGCO 2017 will incorporate revisions such as new controls, relaxation of controls, as well as editorial changes for consistency and clarity of controls. The highlights of key changes to the strategic goods control list can be found via our website.
Singapore Customs will be holding an awareness briefing on the changes to the strategic goods control list on 12 July 2017. Traders and declaring agents, including exporters, carriers, cargo agents and freight forwarders, as well as academicians and researchers, are encouraged to attend the briefing to familiarise themselves with the updates to ensure continuity in business compliance. You may refer to Notice No 08/2017 for the registration details. For those who are unable to attend the briefing,
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materials on the changes to the strategic goods control list will be available on the Customs eLearning portal after the briefing.
Changes to the Strategic Goods (Control) Regulations ("SGCR")
The scope of strategic goods subject to transhipment controls will be expanded to include 2 new category codes (i.e. 1C351.a.57 and 1C351.a.58). This change will be reflected in the 4th Schedule of the Strategic Goods (Control) Regulations ("SGCR"). Any person, who intends to tranship goods listed in the 4th Schedule of the SGCR must submit the strategic goods transhipment permit at least 5 working days before the loading of goods onto the conveyance on which the goods are to be brought out of Singapore. There is no change to the transit goods listed in the 5th schedule of the SGCR.
The Strategic Goods (Control) (Amendment) Regulations 2017 will come into effect from 1 September 2017.
Technical Amendment to the Strategic Goods (Control) Brokering Order 2007
A technical amendment will be made to the Strategic Goods (Control) Brokering Order 2007 to reflect its reference to the new SGCO 2017. There are no changes to the scope of brokering controls.
The Strategic Goods (Control) (Brokering) (Amendment) Order 2017 will come into effect from 1 September 2017.
30-06-17 07-07-17 17-07-17
Addition of the "2017 ELK" gold coin to Canada call of the wild series investment precious metals Changes to the Strategic Goods Control List Advisory: Responsibility of Declaring Agents for Conditions Issued in Cargo Clearance Permits Changes to the Prohibitions of Imports, Exports, Transhipments and Goods in Transit From or To the Democratic People's Republic of Korea Changes to the Prohibitions of Imports, Exports, Transhipments and Goods in Transit From or To Iran
Thai Revenue Department introduces a new E-Commerce Tax Law
The Thai Government has been trying to appropriately conceptualize an ecommerce tax to efficiently capture the percentage of revenue generated by the e-commerce sector which has seen large volume and strong growth recently. Prior to e-commerce, tax collection has relied solely on principles based on the physical presence of the taxpayer and conventional sources of income, thus making the e-commerce tax issue a controversial one across the globe. Recently, the Thai Revenue Department has published the main concepts of its draft ecommerce tax law on its website (without publishing the draft law in full) and has offered an online comment survey form in order to gauge the private sector's view.
THE REVENUE DEPARTMENT'S E-COMMERCE TAX MAIN PRINCIPLES AS PUBLISHED BY THE REVENUE DEPARTMENT
a. An entity incorporated under the laws of a foreign country that conducts trade or
Under Thai domestic tax law, a foreign entity is regarded as carrying on business
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E-commerce tax principles business through electronic methods, if it falls into one of the following categories and as a result receives income or profits in Thailand, shall be deemed to be carrying on business in Thailand and subject to income tax in Thailand, only with respect to such income or profits:
(1) having a Thai internet domain;
(2) having created a payment system in Thai Baht or that requires a money transfer from Thailand; and
(3) any other cases as further prescribed by the Director-General.
in Thailand and subject to corporate income tax in Thailand if it:
(a) carries on business in Thailand by itself, e.g. opens branch office in Thailand; or
(b) is deemed to carry on business in Thailand, e.g. has an employee, gobetween, or an agent generating income in Thailand.
However, the foreign entity may be entitled to benefits under an applicable tax treaty. Under the general rule of tax treaty, the foreign entity will be taxed under the domestic tax law only if it carries on business in Thailand through a permanent establishment (PE).
In some cases, a foreign entity is considered to be carrying on business in Thailand under Thai domestic tax law, but is not regarded as having a PE in Thailand, and therefore it will not be taxed in Thailand by virtue of tax treaty protections.
This proposal is to amend the domestic tax law to expand the meaning of "carrying on business in Thailand", in order to make foreign e-commerce operators subject to Thai corporate income tax. However, the Revenue Department's proposal still does not cover how the e-commerce tax proposal will interact with the applicable tax treaty.
b. If an entity incorporated under the laws of a foreign country conducts trade or business using electronic methods and does not carry on business in Thailand but receives taxable income from such trade or business in the form of online advertising fees, web hosting fees, or any other types of income prescribed in a Ministerial Regulation, the payer of such taxable income shall withhold income tax from the taxable income at the rate of 15 percent and remit it to the Revenue Department.
It is still unclear whether the mechanism to impose withholding tax on the payment related to online advertisement or web hosting fees will be through a recategorization of such fees as royalties or the imposition of a new type of withholding tax under the Revenue Code.
In addition, the Revenue Department is still silent about possible relief under the DTAs for to the withholding tax.
c. Entrepreneurs outside the Kingdom of Thailand that sell intangible assets or provide services by using electronic methods to a purchaser or client who is not a value added tax registrant, if its income from selling intangible assets or providing services exceeds Baht 1.8 million per year, shall register as a value added tax registrant and be subject to the value added tax pursuant to the rules, procedures, and conditions prescribed by the DirectorGeneral.
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d. If an entrepreneur outside the Kingdom of Thailand sells intangible assets or provides services through a website or application owned by a third party, the owner of the website or application shall be deemed to be the representative of the entrepreneur and shall apply for value added tax registration for the entrepreneur.
If a foreign operator provides a marketing platform to sellers or service providers it may be deemed as a VAT agent having obligations to register for VAT in Thailand for the sellers or service providers, there is still questions about the mechanism to enforce such VAT agent system.
e. The exemption of VAT on the importation of goods with a value less than Baht 1,500 will be repealed.
The Revenue Department allowed the private sector to express its views on the draft e-commerce tax law on its website until 11 July 2017. The Revenue Department expects to propose a draft of the e-commerce tax law to the Cabinet for consideration by the end of July and it is expected that the legislation will take effect by the end of this year. After the Revenue Department has gathered the public's comments on the e-commerce tax law, we hope to see that the ecommerce tax law develops more clarity and practicality.
For additional information, please contact Aek Tantisattamo of our Bangkok office.
Subordinated laws under the Government Procurement and Supplies Management Bill
The Government Procurement and Supplies Management Bill (the Bill) will come into force on 23 August 2017. All government agencies, including state owned enterprises, local government administrations, universities under government control, administrative offices of courts, and independent state organizations, must strictly comply with it.
The Comptroller's General Department is now preparing 19 subordinated laws, eight of which will be enforced on 24 August 2017. The eight are:
Regulations of the Ministry of Finance Governing Government Procurement and Supplies Management;
Ministerial regulation on the threshold of money in each type of procurement;
Qualifications and restrictions on business operators; qualifications and restrictions examination or follow-up examination; revocation of name from registration; official fee for registration; including method and principals of appeals, and consideration of appeals;
Ministerial regulation on procurement and hire of consultants that the state would like to promote or support;
Ministerial regulation on the registration of consultants;
Ministerial regulation on hire rates for contractors who provide design service or construction work supervision;
Ministerial regulation on additional definitions of procurement; and
Ministerial regulation on additional restrictions to appeals.
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As always, our team at Baker McKenzie will continue to provide updates as these further developments occur. For additional information, please contact Yuthana Sivaraks in our Bangkok office.
Representative offices, business associations, etc., lose capacity to operate bank accounts under recent Civil Code amendments
Law No. 91/2015/QH13 on the Civil Code was adopted by the National Assembly on November 24, 2015, and entered into force January 01, 2017 ("Civil Code 2015"). The Civil Code 2015 only provides for the legal capacity of legal entities (judicial persons) and individuals (natural persons) in civil transactions. Accordingly, Civil Code 2015 omits the legal capacity of non-legal entities to conduct any civil transaction. Among other things, this means many thousands of nonlegal entities, including representative offices, business associations, branches of offshore enterprises, offices of foreign contractors and NGO offices, may no longer be able to engage in any civil transaction as a party to such transactions.
Non-legal entities can no longer open/maintain bank accounts
The State Bank of Vietnam ("SBV") has adopted the new, more limited approach of the Civil Code 2015 on legal capacity. An example is in Circular No. 32/2016/TT-NHNN dated December 26, 2016 ("Circular No. 32"), which amends Circular No. 23/2014/TT-NHNN dated August 19, 2014 on the guidelines for the opening and maintaining of current accounts at payment services providers. Circular No. 32 came into effect from March 01, 2017. As stipulated in Article 4 of Circular No. 32, non-legal entities are not allowed to open and maintain a bank account in their own capacity. This means all non-legal entities must either change the account holders, or close their bank accounts.
Options for non-legal entities and their existing bank accounts
Specifically, the SBV requires that, by March 01, 2018, in accordance with the instructions of their banks, non-legal entities must either (i) close their current bank accounts, or (ii) change their current bank accounts to the form of an individual bank account or a shared bank account with a legal entity (such as the parent company).
The SBV also requires that as of June 01, 2017, banks and foreign bank branches had to review their client portfolios and then inform and assist their non-legal entity clients regarding the impact of the new regulations on their clients' bank accounts. The banking community has been reluctant to follow through on these requirements pending clarification of the many technical complications such a huge undertaking involves. For example, while guidelines have been provided for head offices of representative offices to authorize an account holder to open and maintain a bank account on its behalf, no guidelines have yet been agreed for business associations, NGOs, etc.
For additional information, please contact Fred Burke, Oanh Nguyen or Linh Chi Dang of our Vietnamese offices.
International Trade Compliance Update | August 2017
Europe, Middle East and North Africa
Arkady Rotenberg relisted under EU sanctions
The EU has published Implementing Regulation (EU) 2017/1374 (the "Implementing Regulation"), re-imposing asset freeze measures on Arkady Rotenberg under the EU's sanctions targeting parties thought to be involved in undermining or threatening the territorial integrity of Ukraine in Regulation (EU) 269/2014 (the "Regulation").
Mr Rotenberg's original listing was removed in November 2016, after the General Court found the reasons for listing were unlawful. This was because the EU had failed to demonstrate Mr Rotenberg's association with people responsible for undermining Ukraine's territorial integrity. They had also relied on contracts that pre-dated the annexation of Crimea, as evidence that he benefitted from it. The new Implementing Regulation amends Mr Rotenberg's listing in Annex I to Regulation (EU) 269/2014 to provide more extensive reasons for listing.
For additional information, please contact Ross Denton or any member of our European International Commercial and Trade group with whom you normally work.
Public consultation on the exchange of customs related information with third countries
The European Commission is seeking the views of all interested parties on exchange of customs related information with third countries. This includes contributions from citizens, companies, NGOs, academics, public authorities, international organisations, etc.
The consultation aims to gather views from stakeholders on the need for EU action aimed at introducing an effective tool to allow for systematic exchange of customs related information with third countries and in case there is, on how this tool could be designed and its scope. The following documents are available:
Consultation strategy The Inception Impact Assessment document Survey
The consultation will be open from 18 July 2017 to 16 October 2017.
European Council introduces restrictions on export of dinghies and motors to Libya
The European Council (the "Council") today introduced restrictions on the export and supply to Libya of inflatable boats (dinghies) and outboard motors to further disrupt the activity of people smugglers and human traffickers. The restrictions, adopted on 17 July 2017, will allow EU member states to legally prevent the export or supply of these goods to Libya where there are reasonable grounds to believe that they will be used in such activity. The restrictions will also apply to dinghies and motors which are transiting through the EU to Libya, but will not
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prohibit the export or sales of these goods when they are intended for legitimate uses by the civilian population. The Council's conclusions on Libya can be read in full here. The relevant Decision and amending Regulation were published in the Official Journal of the European Union on 18 July 2017.
For additional information, please contact Ross Denton or any member of our European International Commercial and Trade group with whom you normally work.
European Council imposes sanctions against 16 additional persons
On 17 July 2017, The European Council (the "Council") added a further 16 persons to the list of persons targeted by EU's Syrian sanctions regime. These persons include 8 scientists and 8 high ranking military officials, each involved in the development and use of chemical weapons against the Syrian civilian population. This decision brings the total number of persons being targeted by a travel ban and asset freeze to 255. In addition, 67 entities are now subject to an assets freeze.
The Council's press release can be read in full here. The relevant Decision and amending Regulation were published today, 18 July 2017, in the Official Journal of the European Union. HM Treasury has also published a notice, which can be viewed here.
For additional information, please contact Ross Denton or any member of our European International Commercial and Trade group with whom you normally work.
European Council hints at additional restrictive measures against North Korea
The European Council (the "Council") has adopted conclusions relating to the Democratic People's Republic of Korea (the "DPRK"). Therein, the Council expresses concern about the regime's activities to raise hard currency to fund its nuclear and ballistic missile programmes. While the Council notes that EU sanctions against the DPRK are amongst the most restrictive, it states that it will consider further appropriate responses in consultation with key partners and in line with UN Security Council deliberations. In particular, it notes the possibility of additional autonomous restrictive measures. The Council's conclusions on the DPRK can be read in full here.
For additional information, please contact Ross Denton or any member of our European International Commercial and Trade group with whom you normally work.
Commission proposes new rules to stop the illegal import of cultural goods
On 13 July 2017, the European Commission announced that it is proposing new rules to clamp down on the illegal import and trafficking of cultural goods from outside the EU, which it says is often linked to terrorist financing and other criminal activity. It comes just days after the Hamburg G20 called on countries to tackle terrorist finance, including the looting and smuggling of antiquities. The announcement states in part:
International Trade Compliance Update | August 2017
At the moment, the EU applies prohibitions on goods from Iraq and Syria but there is no general EU framework for the import of cultural goods. Current rules can be exploited by unscrupulous exporters and importers who can use the profits to fund illegal activities such as terrorism. Diverging and ineffective existing national legislation in this area means that EU action is necessary to ensure consistent treatment of imports of cultural goods all along the EU's external borders. This will help prevent illicit cultural goods being brought into the EU, directly weakening the cultural, historical and archaeological life of the country of origin.
Plans for the new measures were first set out as part of the Commission's European Agenda on Security and its 2016 action plan to strengthen the fight against the financing of terrorism. In February 2016, EU Member States recalled the importance of urgently enhancing the fight against the illicit trade in cultural goods and asked the Commission to propose legislative measures on this matter as soon as possible.
The new rules foresee a number of actions which should ensure that the importation of illicit cultural goods becomes much more difficult in the future:
A new common EU definition for 'cultural goods' at importation which covers a broad range of objects including archaeological finds, ancient scrolls, the remains of historical monuments, artwork, collections and antiques. The new rules will apply only to cultural goods that have been shown to be most at risk, i.e. those at least 250 years old at the moment of importation;
The introduction of a new licensing system for the import of archaeological objects, parts of monuments and ancient manuscripts and books. Importers will have to obtain import licences from the competent authorities in the EU before bringing such goods into the EU;
For other categories of cultural goods, importers will now have to go through a more rigorous certification system by submitting a signed statement or affidavit as proof that the goods have been exported legally from the third country.
Customs authorities will also have the power to seize and retain goods when it cannot be demonstrated that the cultural goods in question have been legally exported.
Awareness campaigns targeting buyers of cultural goods, such as professional art market importers but also buyers of cultural goods in Europe are envisaged. In parallel, training sessions for customs officers and other law enforcement services will be organised by Member States in order to improve their ability to recognise suspicious shipments and to co-operate more efficiently in preventing illicit trade.
EU Member States will be obliged to ensure that effective, proportionate and dissuasive penalties are in place for those who do not follow the rules, in particular for anyone who makes false statements or submits false information.
EU and Japan reach agreement in principle on Economic Partnership Agreement
On 6 July 2017, the European Commission announced that the European Union and Japan have reached an agreement in principle on the main elements of an Economic Partnership Agreement. The announcement said:
This will be the most important bilateral trade agreement ever concluded by the EU and as such will for the first time include a specific commitment to the Paris climate agreement.
For the EU and its Member States, the Economic Partnership Agreement will remove the vast majority of duties paid by EU companies, which sum up to 1 billion annually, open the Japanese market to key EU agricultural exports and increase opportunities in a range of sectors. It sets the highest standards of labour, safety, environmental and consumer protection, fully safeguards public services and has a dedicated chapter on sustainable development. It also builds on and reinforces the high standards for
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the protection of personal data that both, the EU and Japan, have recently entrenched in their data protection laws.
The Economic Partnership Agreement will increase EU exports and create new opportunities for European companies, big and small, their employees and consumers.
The value of exports from the EU could increase by as much as 20 billion, meaning more possibilities and jobs in many EU sectors such as agriculture and food products, leather, clothing and shoes, pharmaceuticals, medical devices and others.
In 2013 EU governments instructed the European Commission to start negotiations with Japan. The EU is also negotiating a Strategic Partnership Agreement with Japan in parallel. Negotiators from both sides will continue their work to resolve all the remaining technical issues and conclude a final text of the agreement by the end of the year.
EU looks into alleged obstacles to trade by Turkey in connection with the importation of certain paper
On 7 July 2017, the European Commission published a notice in the Official Journal indicating that it is initiating an examination following a complaint lodged by an industry association on an obstacle to trade applied by the Republic of Turkey consisting of measures affecting the import of uncoated wood free paper.
The complaint concerns the import surveillance system Turkey introduced as of 28 September 2015 for uncoated wood free paper. That import surveillance system, which according to the complaint introduced a specific import licencing requirement, would apply only to paper imported into Turkey at a customs value of 1 200 USD per tonne or less, a threshold which would cover all imports from the European Union.
According to the complaint, it is impossible for an importer to obtain such import licence due to the specific information requirements of the licencing procedure. To obtain an import licence, the Turkish authorities allegedly request information to which only the producers of the paper have access. For this reason, importers would allegedly see no alternative than to declare a customs value above 1 200 USD per tonne of imported paper even if the actual import value is below this amount.
The complaint also claims that such a declaration of value in excess of the actual value creates, as a secondary effect, an additional charge for the importer of the product as the refund for value-added tax paid upon importation is allegedly limited to the amount of value-added tax collected on the actual sales price and the actual sales price is always below the declared import price. The value-added tax on the difference between those prices would therefore constitute an additional tax levied on imported paper.
The complaint claims that the measures adopted by Turkey could be incompatible with Articles 5 and 50 of the Customs Union Agreement, Articles III:2 and XI:1 of GATT 1994 and the WTO Agreement on Import Licensing Procedures.
Interested parties may submit information in writing on specific issues raised by the complaint or provide supporting evidence. Furthermore, the Commission will hear any interested parties who so request in writing, provided that they are primarily concerned by the result of the procedure. Any information relating to the matter and any request for a hearing should reach the Commission not later than 45 days following the date of publication of the notice and should be sent in writing to: European Commission, Directorate-General for Trade, TRADE.F.2 Trade Barrier Complaints, CHAR 6/135, 1049 Bruxelles/Brussel, BELGIQUE/ BELGI, Email: [email protected]
International Trade Compliance Update | August 2017
On 19 July 2017, the Official Journal published two amendments to the Combined Nomenclature (CN). Commission Implementing Regulation (EU) 2017/1343 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, makes the following amendment to the CN:
In Chapter 19 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following additional note 4 is added:
`4. Food preparations of flour, groats, meal, starch or malt extract of heading 1901 as well as those of goods of headings 0401 to 0404 presented in measured doses, such as capsules, tablets, pastilles and pills intended for use as food supplements, are excluded from classification under heading 1901. The essential character of a food supplement is not only given by its ingredients, but also by its specific form of presentation revealing its function as a food supplement, since it determines the dosage, the way in which it is absorbed and the place where it is supposed to become active. Such food preparations are to be classified under heading 2106 insofar as they are not specified or included elsewhere.'.
Commission Implementing Regulation (EU) 2017/1344 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff makes the following amendments:
Part Two of Annex I to Regulation (EEC) No 2658/87 is amended as follows:
(a) in Chapter 17, Additional notes 4 and 5 are replaced by the following:
`4. For products of subheadings 1702 20 10, 1702 60 95 and 1702 90 71, the sugar content (sucrose, fructose, glucose and maltose, where the fructose and glucose are expressed in sucrose equivalent) is to be determined by applying the high performance liquid chromatography method (the `HPLC method'), using the following formula:
`S' is the sucrose content determined by the HPLC method;
`F' is the fructose content determined by the HPLC method;
`G' is the glucose content determined by the HPLC method;
`M' is the maltose content determined by the HPLC method.
For products of subheadings 1702 60 80, 1702 90 80 and 1702 90 95, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Commission Implementing Regulation (EU) No 974/2014 (*1). For products of subheadings 1702 60 80 and 1702 90 80, the conversion of the results into sucrose equivalent is to be obtained by multiplying the degrees Brix by the coefficient 0,95.
5. For the purposes of subheadings 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, the term `isoglucose' means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose.
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For products of those subheadings, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Implementing Regulation (EU) No 974/2014).
(*1) Commission Implementing Regulation (EU) No 974/2014 of 11 September 2014 laying down the refractometry method of measuring dry soluble residue in products processed from fruit and vegetables for the purposes of their classification in the Combined Nomenclature (OJ L 274, 16.9.2014, p. 6).';"
(b) in Chapter 21, Additional notes 3 and 4 are replaced by the following:
`3. For the purposes of subheading 2106 90 30, the term `isoglucose' means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose.
4. For products of subheadings 2106 90 30 and 2106 90 59, the sucrose content, including other sugars expressed as sucrose, is to be determined by the refractometry method (expressed in degrees Brix in accordance with the Annex to Commission Implementing Regulation (EU) No 974/2014 (*2).
(*2) Commission Implementing Regulation (EU) No 974/2014 of 11 September 2014 laying down the refractometry method of measuring dry soluble residue in products processed from fruit and vegetables for the purposes of their classification in the Combined Nomenclature (OJ L 274, 16.9.2014, p. 6).'."
Paragraphs 2, 3 and 4 of Article 42 of Regulation (EC) No 951/2006 will be repealed with effect from 1 October 2017. This Regulation should therefore apply from the same date.
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update.
The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database.
The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected
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designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union:
04-07-17 05-07-17 06-07-17
Council Decision (EU) 2017/1163 of 20 June 2017 on the conclusion, on behalf of the Union and its Member States, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Commission Regulation (EU) 2017/1164 of 22 June 2017 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acrinathrin, metalaxyl and thiabendazole in or on certain products
Commission Implementing Regulation (EU) 2017/1172 of 30 June 2017 amending Implementing Regulation (EU) No 809/2014 as regards the control measures relating to the cultivation of hemp
Council Decision (EU) 2017/1173 of 26 June 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget line 04 03 01 03)
Decision No 1/2017 of 16 June 2017 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and Canada related to the listing of Conformity Assessment Bodies under the Sectoral Annex on Telecommunications Terminal Equipment, Information Technology Equipment and Radio Transmitters [2017/1179]
Commission Implementing Regulation (EU) 2017/1186 of 3 July 2017 withdrawing the approval of the active substance repellents by smell of animal or plant origin/tall oil crude, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011
Decision No 1/2017 of the Joint Committee on Agriculture of 22 June 2017 amending Annex 12 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products [2017/1189]
Council Decision (CFSP) 2017/1195 of 4 July 2017 amending Decision 2014/129/CFSP promoting the European network of independent nonproliferation think tanks in support of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Commission Implementing Decision (EU) 2017/1196 of 3 July 2017 amending Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified un-
Corrigendum to Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 ( OJ L 296, 12.11.2015 )
Commission Regulation (EU) 2017/1200 of 5 July 2017 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health
Commission Regulation (EU) 2017/1201 of 5 July 2017 refusing to authorise a health claim made on foods, other than those referring to the reduction of disease risk and to children's development and health
Commission Regulation (EU) 2017/1202 of 5 July 2017 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health
Commission Regulation (EU) 2017/1203 of 5 July 2017 amending Directive 2002/46/EC of the European Parliament and of the Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards organ-
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ic silicon (monomethylsilanetriol) and calcium phosphoryl oligosaccharides (POs-Ca) added to foods and used in the manufacture of food supplements
Commission Implementing Regulation (EU) 2017/1204 of 5 July 2017 correcting the Slovak language version of Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable
Commission Implementing Decision (EU) 2017/1207 of 4 July 2017 renewing the authorisation for the placing on the market of genetically modified maize MON 810 (MON-81-6) products pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2017) 4453)
Commission Implementing Decision (EU) 2017/1209 of 4 July 2017 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 59122 MIR604 1507 GA21, and genetically modified maize combining two, three or four of the events Bt11, 59122, MIR604, 1507 and GA21 pursuant to Regulation (EC) No 1829/2003 of the European parliament and of the Council on genetically modified food and feed (notified under document C(2017) 4460)
Commission Implementing Decision (EU) 2017/1210 of 4 July 2017 on the identification of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP) as substances of very high concern according to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (notified under document C(2017) 4462)
Commission Implementing Decision (EU) 2017/1211 of 4 July 2017 authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton 281-24-236 3006-210-23 MON 88913 (DAS-24236-5 DAS-2123-5 MON-88913-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (notified under document C(2017) 4495
Commission Implementing Decision (EU) 2017/1212 of 4 July 2017 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European parliament and of the Council on genetically modified food and feed (notified under document C(2017) 4503)
Commission Regulation (EU) 2017/1224 of 6 July 2017 amending Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products
Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on typeapproval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (Text with EEA relevance)
Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to
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emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance)
Update of the list of national services responsible for border controls as referred to in Article 16(2) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2017/C 218/10]
Notice of initiation -- Union examination procedure on obstacles to trade within the meaning of Regulation (EU) 2015/1843 applied by the Republic of Turkey consisting of measures affecting the import of uncoated wood free paper [2017/C 218/11]
Commission Delegated Regulation (EU) 2017/1227 of 20 March 2017 on the conditions for classification, without testing, of glued laminated timber products covered by the harmonised standard EN 14080 and structural finger jointed solid timber products covered by the harmonised standard EN 15497 with regard to their reaction to fire and amending Decision 2005/610/EC
Commission Delegated Regulation (EU) 2017/1227 of 20 March 2017 on the conditions for classification, without testing, of glued laminated timber products covered by the harmonised standard EN 14080 and structural finger jointed solid timber products covered by the harmonised standard EN 15497 with regard to their reaction to fire and amending Decision 2005/610/EC
Commission Delegated Regulation (EU) 2017/1229 of 3 May 2017 correcting certain language versions of Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector
Commission Regulation (EU) 2017/1237 of 7 July 2017 amending Regulation (EC) No 1881/2006 as regards a maximum level of hydrocyanic acid in unprocessed whole, ground, milled, cracked, chopped apricot kernels placed on the market for the final consumer
Commission Implementing Decision (EU) 2017/1240 of 7 July 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 4896)
Corrigendum to the Council Decision (EU) 2017/470 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union ( OJ L 73, 18.3.2017 )
Corrigendum to the Council Decision (EU) 2017/471 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union ( OJ L 73, 18.3.2017 )
Council Decision (CFSP) 2017/1252 of 11 July 2017 in support of the strengthening of chemical safety and security in Ukraine in line with the implementation of United Nations Security Council Resolution 1540 (2004) on the nonproliferation of weapons of mass destruction and their means of delivery
Commission Regulation (EU) 2017/1250 of 11 July 2017 amending Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of the flavouring substance 4,5epoxydec-2(trans)-enal
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13-07-17 14-07-17 15-07-17
Commission Decision (EU) 2017/1214 of 23 June 2017 establishing the EU Ecolabel criteria for hand dishwashing detergents (notified under document C(2017) 4227)
Commission Decision (EU) 2017/1215 of 23 June 2017 establishing the EU Ecolabel criteria for industrial and institutional dishwasher detergents (notified under document C(2017) 4228)
Commission Decision (EU) 2017/1216 of 23 June 2017 establishing the EU Ecolabel criteria for dishwasher detergents (notified under document C(2017) 4240)
Commission Decision (EU) 2017/1217 of 23 June 2017 establishing the EU Ecolabel criteria for hard surface cleaning products (notified under document C(2017) 4241)
Commission Decision (EU) 2017/1218 of 23 June 2017 establishing the EU Ecolabel criteria for laundry detergents (notified under document C(2017) 4243)
Commission Decision (EU) 2017/1219 of 23 June 2017 establishing the EU Ecolabel criteria for industrial and institutional laundry detergents (notified under document C(2017) 4245)
Commission Implementing Regulation (EU) 2017/1263 of 12 July 2017 updating the list of invasive alien species of Union concern established by Implementing Regulation (EU) 2016/1141 pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council
Commission Implementing Decision (EU) 2017/1265 of 11 July 2017 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(2017) 4686)
Commission Implementing Regulation (EU) 2017/1269 of 13 July 2017 amending Implementing Regulation (EU) 2015/949 as regards withdrawal of groundnuts (peanuts) from the United States of America from the list of approved preexport checks as regards aflatoxins List of competent authorities which are authorised to search directly the data contained in the second generation Schengen Information System pursuant to Article 31(8) of Regulation (EC) No 1987/2006 of the European Parliament and of the Council and Article 46(8) of Council Decision 2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System [2017/C 228/01]
List of N.SIS II Offices and the national Sirene Bureaux [2017/C 228/02] Commission communication in the framework of the implementation of Commission Regulation (EU) 2016/2281 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for air heating products, cooling products, high temperature process chillers and fan coil units (Publication of titles and references of transitional methods of measurement and calculation for the implementation of Regulation (EU)
2016/2281, and in particular Annexes III and IV thereto) [2017/C 229/01]
Commission communication in the framework of the implementation of Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity and Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Publication of titles and refer[2017/C 229/02]ences of harmonised standards under Union harmonisation legislation)
Commission Regulation (EU) 2017/1270 of 14 July 2017 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of potassium carbonate (E 501) on peeled, cut and shredded fruit and vegetables Commission Regulation (EU) 2017/1271 of 14 July 2017 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council
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19-07-17 20-07-17 21-07-17
as regards the use of use of silicon dioxide (E 551) in potassium nitrate (E 252)
Commission Implementing Regulation (EU) 2017/1273 of 14 July 2017 approving active chlorine released from sodium hypochlorite as an existing active substance for use in biocidal products of product-types 1, 2, 3, 4 and 5
Commission Implementing Regulation (EU) 2017/1274 of 14 July 2017 approving active chlorine released from calcium hypochlorite as an existing active substance for use in biocidal products of product-types 2, 3, 4 and 5
Commission Implementing Regulation (EU) 2017/1275 of 14 July 2017 approving active chlorine released from chlorine as an existing active substance for use in biocidal products of product-types 2 and 5
Commission Implementing Regulation (EU) 2017/1276 of 14 July 2017 approving peracetic acid generated from tetraacetylethylenediamine and sodium percarbonate as an existing active substance for use in biocidal products of product-types 2, 3 and 4
Commission Implementing Regulation (EU) 2017/1277 of 14 July 2017 approving 2-octyl-isothiazol-3(2H)-one as an active substance for use in biocidal products of product-type 8
Commission Implementing Regulation (EU) 2017/1278 of 14 July 2017 approving 2-methylisothiazol-3(2H)-one as an existing active substance for use in biocidal products of product-type 11
Commission Implementing Directive (EU) 2017/1279 of 14 July 2017 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Commission Implementing Decision (EU) 2017/1281 of 13 July 2017 authorising the placing on the market of L-ergothioneine as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2017) 4844)
Commission Implementing Decision (EU) 2017/1282 of 14 July 2017 not approving 2-methyl-1,2-benzisothiazol-3(2H)-one as an active substance for use in biocidal products of product-type 13
Commission Implementing Regulation (EU) 2017/1328 of 17 July 2017 amending Regulation (EU) No 642/2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007
Commission Implementing Regulation (EU) 2017/1329 of 17 July 2017 amending Annex I to Council Regulation (EC) No 32/2000 as regards the conditions for using a tariff quota of the Union bound in GATT for food preparations not elsewhere specified or included, allocated to the United States of America
Commission Implementing Regulation (EU) 2017/1343 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff [see above for details]
Commission Implementing Regulation (EU) 2017/1344 of 18 July 2017 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Decisions of the EEA Joint Committee 1/2016 through 40/2016
Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as regards the wine grape varieties and their synonyms that may appear on wine labels
Commission Implementing Decision (EU) 2017/1357 of 19 July 2017 on the publication with a restriction in the Official Journal of the European Union of the reference of standard EN 60335-2-9:2003, as last amended by A13:2010, on particular requirements for grills, toasters and similar portable cooking appliances under Regulation (EU) No 1025/2012 of the European Parliament and of the Council (notified under document C(2017) 3168)
Council Decision (EU) 2017/1363 of 17 July 2017 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 re-
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lating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union
Council Decision (EU) 2017/1364 of 17 July 2017 on the position to be adopted on behalf of the European Union within the EU-Republic of Moldova Association Council as regards the amendment of Annex XXVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
Decision No 1/2015 of the EU-Georgia Trade and Sustainable Development Sub-Committee of 18 November 2015 adopting its Rules of Procedure [2017/1365]
Decision No 2/2015 of the EU-Georgia Trade and Sustainable Development Sub-Committee of 18 November 2015 establishing the list of experts on trade and sustainable development [2017/1366]
Decision No 1/2017 of the Joint Committee of the Regional Convention on panEuro-Mediterranean preferential rules of origin of 16 May 2017 as regards the request of Ukraine to become a Contracting Party to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin [2017/1367]
Commission Regulation (EU) 2017/1347 of 13 July 2017 correcting Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011 and Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008
Information concerning the entry into force of 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
Commission Implementing Regulation (EU) 2017/1376 of 25 July 2017 renewing the approval of warfarin as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1377 of 25 July 2017 renewing the approval of chlorophacinone as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1378 of 25 July 2017 renewing the approval of coumatetralyl as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1379 of 25 July 2017 renewing the approval of difenacoum as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1380 of 25 July 2017 renewing the approval of bromadiolone as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1381 of 25 July 2017 renewing the approval of brodifacoum as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1382 of 25 July 2017 renewing the approval of difethialone as an active substance for use in biocidal products of product-type 14
Commission Implementing Regulation (EU) 2017/1383 of 25 July 2017 renewing the approval of flocoumafen as an active substance for use in biocidal products of product-type 14
Commission Implementing Decision (EU) 2017/1387 of 24 July 2017 authorising the placing on the market of an enzyme preparation of prolyl oligopeptidase produced with a genetically modified strain of Aspergillus niger as a novel food
International Trade Compliance Update | August 2017
ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2017) 4975)
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2017/C 241/02]
Council Decision (EU) 2017/1388 of 17 July 2017 on the conclusion of the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes Framework Agreement between the European Union and Kosovo on the
general principles for the participation of Kosovo in Union programmes
Council Decision (EU) 2017/1391 of 17 July 2017 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Management Sub-Committee established by 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, as regards the modification of Annex V to that Agreement
Commission Decision (EU) 2017/1392 of 25 July 2017 amending Decision 2014/350/EU establishing the ecological criteria for the award of the EU Ecolabel for textile products (notified under document C(2017) 5069)
Council Decision (EU) 2017/1368 of 11 May 2017 on the signing, on behalf of the European Union and its Member States, and provisional application of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2017/C 242/05]
Commission Implementing Decision (EU) 2017/1396 of 26 July 2017 amending the Annex to Decision 2007/453/EC as regards the BSE status of Poland and certain regions of the United Kingdom (notified under document C(2017) 5140)
Commission Implementing Decision (EU) 2017/1397 of 27 July 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (notified under document C(2017) 5369)
Corrigendum to Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012 ( OJ L 175, 7.7.2017 )
Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU
Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 June 2017 to 30 June 2017(Published pursuant to
International Trade Compliance Update | August 2017
Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parlia-
ment and of the Council) [2017/C 245/01]
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 June 2017 to 30 June 2017(Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive
Information relating to the entry into force of the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union Programmes
Commission Regulation (EU) 2017/1399 of 28 July 2017 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council and the Annex to Commission Regulation (EU) No 231/2012 as regards potassium polyaspartate
Decision (EU) 2017/1400 of the European Parliament of 4 July 2017 extending by an additional period the term of office of the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion
Commission Implementing Decision (EU) 2017/1402 of 28 July 2017 on the approval of the BMW AG engine idle coasting function as an innovative technology for reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council
Application for approval of a minor amendment made public in accordance with the fifth subparagraph of Article 6(2) of Commission Delegated Regulation (EU) No 664/2014 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established, amended or corrected:
08-07-17 11-07-17 12-07-17
Commission Implementing Regulation (EU) 2017/1235 of 6 July 2017 amending for the 270th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
Council Implementing Decision (CFSP) 2017/1245 of 10 July 2017 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
Council Implementing Regulation (EU) 2017/1241 of 10 July 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Commission Implementing Regulation (EU) 2017/1251 of 11 July 2017 amending for the 271st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
Council Decision (CFSP) 2017/1338 of 17 July 2017 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Council Regulation (EU) 2017/1325 of 17 July 2017 amending Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya
Council Decision (CFSP) 2017/1340 of 17 July 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
Council Regulation (EU) 2017/1326 of 17 July 2017 amending Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against
International Trade Compliance Update | August 2017
19-07-17 26-07-17 27-07-17
persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
Council Implementing Decision (CFSP) 2017/1341 of 17 July 2017 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
Council Implementing Regulation (EU) 2017/1327 of 17 July 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Council Decision (CFSP) 2017/1339 of 17 July 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Commission Implementing Regulation (EU) 2017/1330 of 17 July 2017 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
Corrigendum to Council Implementing Decision (CFSP) 2017/975 of 8 June 2017 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea ( OJ L 146, 9.6.2017 )
Council Decision (CFSP) 2017/1386 of 25 July 2017 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Implementing Regulation (EU) 2017/1374 of 25 July 2017 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Commission Implementing Regulation (EU) 2017/1390 of 26 July 2017 amending for the 272nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
The following notices were posted by Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) :
2017/34-Notice to importers of threaded, molded, malleable cast iron pipe fittings originating in the People's Republic of China
2017/35-Notice to importers of iron and steel products originating in certain third
countries 2017/36-Notice to importers of certain corrosion-resistant steels originating in the
2017/37-Notice to importers of certain types of coated fine paper originating in the People's Republic of China
2017/38-Notice to importers of hand pallet trucks and their essential parts, origi-
21-07-17 nating in Vietnam
2017/39-Notice to importers of certain food preparations, originating in the United
International Trade Compliance Update | August 2017
Government proposes tightened export controls of military equipment
On 29 June 2017, the Swedish Government announced that it is proposing the adoption of more comprehensive control of armaments. The announcement said, in pertinent part:
The control of exports of military equipment is necessary to fulfill both the Swedish national objectives and international commitments, and to ensure that the products exported from Sweden go to approved countries.
The Government proposes that the democratic state of the receiving state should be a key condition when considering license applications. The requirements that the recipient country respect human rights will also be tightened. Another factor is whether the exports would discourage sustainable development in the recipient country. The government is also making proposals on improving transparency in the area, as well as rules on increased authorization and control.
The Government proposes that penalties should replace certain criminal sanctions for less serious violations in order to achieve a more effective system of sanctions, however criminal sanctions will be retained for the more serious offenses.
The amendments are proposed to enter into force on 1 April 2018. A report (in Swedish), Tightened export control of military equipment is available.
Parliament looking at post- Brexit sanctions policy
The EU External Affairs Sub-Committee is undertaking a short inquiry into UK sanctions policy after Brexit.
Sanctions (arms embargoes, asset freezes, visa or travel bans, and trade embargoes) are one of the EU's tools to promote the objectives of the Common Foreign and Security Policy (CFSP): peace, democracy and respect for the rule of law, human rights and international law. The Council imposes EU sanctions through Council Decisions, which are adopted by the Member States by unanimity. The EU implements all sanctions imposed by the UN Security Council (UNSC). In addition, the EU may reinforce UNSC sanctions by applying additional measures or imposing autonomous sanctions.
The inquiry will explore: the advantages and disadvantages of future cooperation between the UK and the EU on sanctions policy; how such cooperation might take place; examples of EU co-ordination with non-Member States on sanctions; the current sanctions regime and how this will be transposed into UK law, including through the Great Repeal Bill; and the impact of a separate UK sanctions regime on the UK's ability to achieve its foreign policy goals.
International Trade Compliance Update | August 2017
03-07-17 12-07-17 14-07-17
SR 2017/119 - The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017
SI 2017/736 - The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) (Amendment) Order 2017
SI 2017/730 - The Criminal Justice (European Investigation Order) Regulations 2017
SI 2017/737 - The Recreational Craft Regulations 2017
SI 2017/754 - The European Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017
SI 2017/780 - The Democratic People's Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2017
The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:
26-07-17 07-07-17 11-07-17 12-07-17 14-07-17 17-07-17 18-07-17
19-07-17 20-07-17 21-07-17
Customs Information Paper 11 (2017): update on trading between the EU and Canada Customs Information Paper 12 (2017): End-Use Relief - transfer of rights and obligation Customs Information Paper 13 (2017): exemption from the rules of the EUJordan Trade Agreement Customs Information Paper 9 (2017): additional duty rates on goods from the USA
UK Trade Tariff: document, certificate and authorisation codes Tariff Stop Press Notice 22 (2017): amendments to commodity codes in chapters 26 and 54 Anti-Dumping Duty measure AD2204 Anti-Dumping Duty measure AD2202 Anti-Dumping Duty measure AD2203 Anti-Dumping Duty measure AD2205 Tariff Quota Notice 92 (2017): tariff quota for certain products from Cape Verde Tariff Quota Notice 93 (2017): tariff quota for fillets of mackerel from Cape Verde Tariff Notice 20 (2017): vanilla bean extract Tariff Notice 21 (2017): bathtub step Tariff Stop Press Notice 19 (2017): amendments to commodity codes in chapter 16 UK Trade Tariff: customs procedure codes Anti-Dumping Duty measure AD2206 Anti-Dumping Duty measure AD2212 Anti-Dumping Duty measure AD2211 Tariff Notice 27 (2017): electrical apparatus for converting video signals Anti-Dumping Duty measure AD2210 Tariff Notice 29 (2017): paintball Tariff Notice 30 (2017): plastic steering wheel cover Tariff Notice 31 (2017): battery operated fingertip apparatus
International Trade Compliance Update | August 2017
27-07-17 29-07-17 03-07-17 10-07-17 11-07-17
Tariff Notice 34 (2017): four-wheel drive multi-purpose motor vehicle Anti-Dumping Duty measure AD2207 Anti-Dumping Duty measure AD2208 Anti-Dumping Duty measure AD2209 Tariff Stop Press Notice 20 (2017): changes to the monthly trade euro rate
Rates and allowances: monthly euro conversion rates for calculating customs duty Notice 236: Returned Goods Relief Notice 341: importing donated medical equipment free of duty and VAT Notice 342: importing miscellaneous documents and other related articles free of duty and VAT Notice 343: importing capital goods free of duty and VAT Notice 366: importing biological and chemical substances for research free of duty and VAT Notice 340: importing scientific instruments free of duty and VAT Notice 368: importing inherited goods free of duty and VAT Notice 371: importing goods for disabled people free of duty and VAT Notice 372: importing commercial samples free of duty and VAT Notice 373: importing visual and auditory materials free of duty and VAT Notice 374: importing goods for test free of duty and VAT VAT Notice 702/7: import VAT relief for goods supplied onward to another country in the EC Notice 830: tariff preference - new General System of Preference rules of origin Notice 826: tariff preferences - imports Notice 3001: customs special procedures for the Union Customs Code Notice 361: importing museum and gallery exhibits free of duty and VAT Notice 364: importing decorations and awards free of duty and VAT Notice 205: official customs seals and trader sealing HM Revenue & Customs officials' meetings with tobacco stakeholders HM Revenue & Customs Government Major Projects Portfolio data, 2017 Electronic Binding Tariff Information (eBTI): service availability and issues
ECO Notices to Exporters and DIT documents
The following Export Control Organisation (ECO) Notices to Exporters and other Department for International Trade (DIT) documents were issued:
04-07-17 07-07-17 10-07-17
Notice to Exporters 2017/12: EU extends sanctions on Crimea and Sevastopol and sanctions on Russia Notice to exporters 2017/13: Export Control Order 2008 amended
Notice to exporters 2017/14: PCBs and components for military goods licence updated
Revoked open general export licences (PCBs and components for military goods) Open general export licence (PCBs and components for military goods) Notice to exporters 2017/15: four OGELs updated Open general export licence (export after exhibition or demonstration: military goods) Open general export licence (export after repair/replacement under warranty: military goods) Open general export licence (technology for military goods) Open general export licence: export under the US-UK defence trade co-
International Trade Compliance Update | August 2017
Consolidated list of strategic military and dual-use items that require export authorisation Notice to exporters 2017/16: consolidated list updated
Guidance: Export control training bulletin Notice to exporters 2017/17: new open general export licence published
Notice to exporters 2017/18: new controls on export of inflatable boats and outboard motors to Libya Guidance: Open general export licence (exports in support of Turkish Aerospace Industries TF-X programme)
The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
05-07-17 06-07-17 12-07-17 28-07-17
Second Act amending the Weapons Act and other regulations (30-07-17) From No. 44 of 05.07. 2017, page 2133 Notice of the Agreement on a Strategic Partnership between the European Union and its Member States, of the one part, and Canada, of the other part (0806-17) From No. 16 of 06.07.2017, page 742 Regulation on the adaptation of national legislation to Regulation (EU) No 1169/2011 on the provision of information to consumers on foodstuffs (05-072017) From No. 45 of 12.07. 2017, p. 2272 Act amending the Chemicals Act and amending other chemicals legislation (18-07-17) From No. 52 of 28.07.2017, p. 2774
11-07-17 14-07-17 21-07-17 25-07-17
S.I. No. 275 of 2017 European Communities (Vegetable Seeds) (Amendment) Regulations 2017
S.I. No. 279 of 2017 European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2017
S.I. No. 280 of 2017 European Communities (Road Vehicles: Type Approval) (Amendment) Regulations 2017
S.I. No. 282 of 2017 European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment)(No. 2) Regulations 2017
S.I. No. 297 of 2017 European Union (Cosmetic Products) (Amendment) Regulations 2017
S.I. No. 310 of 2017 European Communities (Minimum Conditions for Examining of Vegetable Species) (Amendment) Regulations 2017
S.I. No. 311 of 2017 European Communities (Minimum Conditions for Examining Agriculture Plant Species (Amendment) Regulations 2017
S.I. No. 325 of 2017 European Union (Specific Conditions Applicable to the Introduction into the Union of Consignments from Certain Third Countries due to Microbiological Contamination) Regulations 2017
S.I. No. 326 of 2017 European Union (Award of Concession Contracts)(Review Procedures) Regulations 2017
S.I. No. 327 of 2017 European Communities (Public Authorities' Contracts)(Review Procedures) (Amendment) Regulations 2017
International Trade Compliance Update | August 2017
28-07-17 14-07-17 04-07-17 06-07-17
13-07-17 17-07-17 18-07-17 19-07-17 27-07-17 30-06-17
S.I. No. 328 of 2017 European Communities (Award of Contracts by Utility Undertakings)(Review Procedures) (Amendment) Regulations 2017 S.I. No. 332 of 2017 European Communities (Nuclear Safety) Regulations 2017
Liechtenstein LGBI 2017.190 through LGBI 2017.199 Notices of 11 July 2017 of Decisions of the EEA Joint Committee
FOR-2017-06-26-1104 Agriculture and Food Amendments in the regulations of health certificates for imports of cattle, sheep and animal products thereof FOR-2017-07-05-1142 Industry and Fisheries Ministry Regulation amending the Regulation on the export quota of fish and fish products from sport fishing, etc. FOR-2017-07-06-1143 Agriculture and Food Regulation amending the Regulation on administrative tariff reductions for agricultural products FOR 2017-07-08-1170 Climate and the Environment, Labor and Social Affairs, Ministry of Justice, Agriculture and Food Amendments in Regulation labeling and packaging of substances and mixtures (CLP) FOR-2017-07-08-1171 Climate and Environment Ministry, Labor and Social Affairs, Ministry of Justice Regulation amending the Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) FOR-2017-07-10-1172 Agriculture and Food Regulation amending the Regulation on pesticide FOR-2017-07-10-1174 Ministry of Health, Agriculture and Food Amendments to the Regulations on public oversight of compliance with regulations on animal nutrition, food and health and welfare of animals (control regulations) FOR-2017-07-07-1175 Health and Care Services Amendments to the Regulations on limits for drug residues in food animals FOR-2017-07-07-1176 Industry and Fisheries Ministry of Agriculture and Food, the Ministry of Health Regulation amending the Regulation on the general principles and requirements of food law (matlovsforskriften) FOR-2017-07-10-1177 Health and Care Services Amendments to the Regulations on certain contaminants in foodstuffs FOR-2017-07-10-1178 Ministry of Health, Agriculture and Food Regulation amending the Regulation on specific hygiene rules for food of animal origin (animaliehygieneforskriften) and regulation on specific rules for public control of products of animal origin for human consumption (animaliekontrollforskriften) FOR-2017-07-10-1179 Health and Care Services Amendments to the Regulations on residues of pesticides in food and feed FOR-2017-07-07-1187 Health and Care Services Regulations amending the aroma regulation FOR-2017-07-10-1188 Health and Care Services Regulation amending the Regulation on feed additives FOR-2017-07-12-1190 Ministry of Justice Regulation amending the Regulation on foreigners' access to the country and their stay here (Immigration Regulations) FOR-2017-07-10-1192 Health and Care Services Regulation amending the Regulation on cosmetics and bodycare products FOR-2017-07-10-1198 Health and Care Services Amendments to the Regulations on the sampling and analysis of public control of certain contaminants in foodstuffs FOR-2017-06-18-1199 Health and Care Services Amendments to the Regulations on drugs (drug regulations) FOR-2017-07-10-1200 Health and Care Services Amendments to the Regulations on drugs (drug regulations) FOR-2017-07-25-1215 Ministry of Health and Care Services New Food Regulations
1296 Council of Ministers of 28 June 2017. Amending the Regulation on
International Trade Compliance Update | August 2017
04-07-17 06-07-17 07-07-17 10-07-17 11-07-17 14-07-17 20-07-17 27-07-17
1297 Council of Ministers of 28 June 2017. Amending Regulation on the Krakow Special Economic Zone
1301 Council of Ministers of 28 June 2017. Amending the Regulation on Warmia-Mazury Special Economic Zone
1305 Council of Ministers of 28 June 2017. Amending the regulation on the Mielec Special Economic Zone
1308 Council of Ministers of 28 June 2017. Amending the regulation on walbrzych special economic zone
1313 Statement of the Minister of Finance and Development of June 8, 2017. On the uniform text of the Regulation of the Minister of Finance on the implementation of control of customs legislation and other legislation related to the import and export of goods
1333 Regulation of the Minister of Agriculture and Rural Development on 5 July 2017. Amending Regulation on the measures taken in connection with the occurrence of African swine fever
1340 Council of Ministers of 21 June 2017. Amending the regulation on the Kamienna Gra Special Economic Zone
1355 Government statement of 29 May 2017. On the entry into force of amendments to the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID), which constitutes Annex C to the Convention concerning International Carriage by Rail (COTIF), done at Berne on 9 May 1980.
1366 Regulation of the Minister of Agriculture and Rural Development of 22 June 2017. Amending the regulation on the list of international control and supervisory bodies authorized to issue documents confirming the importation of agri-food products to third countries
1378 Regulation of the Minister of Agriculture and Rural Development on 12 July 2017. Amending Regulation on the introduction of the "Program bioasekuracji aimed at preventing the spread of African swine fever" for the years 20152018
1390 Ordinance of the Minister of Agriculture and Rural Development of 29 June 2017 amending the regulation on territorial scope of activity and the seat of district and border veterinary surgeons
1435 Ordinance of the Minister of Development and Finance of 17 July 2017 on the consolidation of the image or sound for the purposes of customs and fiscal control
Hacienda: Resolution of July 11, 2017, of the Undersecretariat, which established the coordination group of the Special Delegates of the State in the Free Zone Consortia, and established its composition, functions and operating regime. (BOE-A-2017-8133)
Economy, etc,: Resolution of July 3, 2017, of the General Directorate of Industry and Small and Medium Enterprise, which publishes the list of European standards that have been ratified during June 2017 as Spanish standards. (BOE-A2017-8157)
Economy: Resolution of July 3, 2017, of the General Directorate of Industry and Small and Medium-sized Enterprises, which publishes the list of UNE regulations canceled during the month of June 2017. (BOE-A-2017-8158)
Economy: Resolution of July 3, 2017, of the General Directorate of Industry and Small and Medium Enterprise, which publishes the list of UNE standards approved by the Spanish Association of Normalization during the month of June 2017. (BOE-A-2017-8159)
Economy: Resolution of July 3, 2017, issued by the General Directorate of Industry and Small and Medium-sized Enterprises, by which public projects are submitted to the UNE standard, which is being processed by the Spanish Association for Standardization for the month of June 2017.(BOE-A-2017-8160)
Economy: Resolution of July 3, 2017, of the General Directorate of Industry and Small and Medium Enterprise, by which public projects are submitted to Euro-
International Trade Compliance Update | August 2017
04-07-17 06-07-17 07-07-17 13-07-17 18-07-17 25-07-17
pean and international standards that have been processed as draft UNE by the Spanish Association Of Normalization, corresponding to the month of June, 2017.(BOE-A-2017-8161) Development: Resolution of June 14, 2017, issued by the Directorate General of Civil Aviation, issuing the Technical Instructions for the Safe Transport of Dangerous Goods by air (Document ICAO 9284 / AN / 905). (BOE-A-2017-8174) Health, Soc. Sci. and Equality: Resolution of 10 July 2017 of the DirectorateGeneral for Public Health, Quality and Innovation, amending Annex II to the Order of 20 January 1994, laying down procedures for the health control of products of animal origin Foreign trade destined to human use and consumption and the customs offices qualified for its realization. (BOE-A-2017-9017)
Ordinance of the OSAV establishing measures to prevent the introduction of African swine fever in the Czech Republic (RS 916.443.109) Ordinance of the OSAV establishing measures to prevent the introduction into Switzerland of lumpy skin disease present in certain Member States of the European Union (RS 916.443.112) Ordinance of the OSAV establishing measures to prevent the introduction in Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107) Ordinance of the OSAV establishing measures to prevent the introduction of avian influenza in certain Member States of the European Union (RS 916.443.102.1) Ordinance of the OSAV establishing measures to prevent the introduction in Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107) Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
LGBI 2017.187 Regulation of 11 July 2017 on the amendment of the Regulation on measures against persons and organizations with links to the grouping "Al-Qaida" (LR 946.222.22) LGBI 2017.201 Regulation of 21 July 2017 on the amendment of the regulation on measures against persons and organizations with links to the grouping "Al-Qaida" (LR 946.222.22)
Mem A 625: Ministerial regulation of 7 July 2017 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Law of 27 October 2010 on the implementation of United Nations Security Council resolutions and acts Adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the context of the fight against the financing of terrorism. Mem. A 659: Ministerial regulation of 24 July 2017 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Law of 27 October 2010 on the implementation of United Nations Security Council resolutions
International Trade Compliance Update | August 2017
25-07-17 19-07-17 21-07-17 27-07-17 31-07-17
and acts Adopted by the European Union containing prohibitions and restrictive financial measures against certain persons, entities and groups in the context of the fight against the financing of terrorism. Mem A 660: Ministerial regulation of 24 July 2017 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Law of 27 October 2010 on the implementation of United Nations Security Council resolutions and acts Adopted by the European Union with prohibitions and restrictive financial measures against certain persons, entities and groups in the fight against the financing of terrorism.
FOR-2017-07-17-1214 Ministry of Foreign Affairs Regulations amending the regulation on restrictive measures in view of the situation in Burundi
Amendment to the Ordinance of 8 June 2012 imposing measures against Syria (RS 946.231.172.7) [With effect from 20-07-17 at 1800 hours]
Amendment to the Ordinance of 2 October 2000 concerning measures against persons and organizations with connections to Usama bin Laden, the grouping Al-Qada or the Taliban (RS 946.203) [With effect from 20-07-17] Amendment to the Ordinance of 2 October 2000 concerning measures against persons and organizations with connections to Usama bin Laden, the grouping Al-Qada or the Taliban (RS 946.203) [With effect from 20-07-17] Amendment to the Ordinance of 2 October 2000 concerning measures against persons and organizations with connections to Usama bin Laden, the grouping Al-Qada or the Taliban (RS 946.203) [With effect from 28-07-17]
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resm Gazete.
05-07-17 08-07-17 09-07-17
Communiqu Pertaining to Safeguard Measures in Import (No: 2017/7) [7009.91]
Communiqu Pertaining to Safeguard Measures in Import (No: 2017/8) [3920.20.21.00.19]
2017/10344 Decision on Amendment to Additional Regulation on Import Regime Decision
2017/10345 Decision on Amendment to Additional Regulation on Import Regime Decision 2017/10343 Decision of the Council of Ministers Decision dated 30/9/2013 and numbered 2013/5428 of the United Nations Security Council on the Freezing of the Property of the Persons, Organizations or Organizations listed in the resolutions of 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List
Communiqu on the Prevention of Unfair Competition in Imports (No: 2017/15)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2017/16)
Communiqu on the Distribution of Resin Acids Obtained from Natural Resin and Natural Resin Only and Tariff Quotas Remaining from the Import of Catalyst Containing Only Titanium Oxide and Tungsten Trioxide
Decision 2017/10340 Amending the Decision on the Principles on the Implementation of the Customs Union Between Turkey and the European Community
2017/10346 Resolution on the Amendment of the Decision Regarding the Determination of the Origin of the Unequal Use of Preferential Regime Practices
International Trade Compliance Update | August 2017
11-07-17 12-07-17 21-07-17 26-07-17
2017/10347 Decision on the Amendment of the Decision on the Determination of the Origin of the Thing to be Taken from the Preferred Regime under the Generalized Preferences System
Regulation on the Amendment of the Regulation on the Determination of the Preferred Border of the Balkan Country of Origin Cumulative System of Trade in the Trade
Regulation on the Amendment of the Regulation on the Determination of the Preferred Origin of the Trade in the Trade under the Preferential Trade Agreement between the D-8 Member States
Regulation on the Amendment of the Regulation on the Determination of the Preferred Origin of the Trade in the Scope of the Bilateral Origin Cumulation System
Regulation on the Amendment of the Regulation on the Determination of the Preferred Origin of the Trade in the Scope of the Pan European Mediterranean Origin Cumulation System
Regulation on the Amendment of the Regulation Pertaining to the Determination of the Preferred Origin of the Trade in Trade under the Preferential Trade Agreement between the Republic of Turkey and the Islamic Republic of Iran
Regulation on the Amendment of the Regulation on the Determination of the Preferred Member of the Trade in the Trade between the Republic of Turkey and the Republic of Mauritius under the Free Trade Agreement
Regulation on the Amendment of the Regulation Pertaining to the Determination of the Preferred Origin of the Trade in Trade in the Turkey - Malaysia Free Trade Agreement
Regulation on the Amendment of the Regulation on the Determination of the Preferred Member of the Trade in the Trade Marks of Turkey - Moldavian Free Trade Agreement
Regulation on the Amendment of the Regulation on the Determination of the Preferred Origin of the Trade in the Scope of the Country of Origin Cumulation System in Turkey - Chile Free Trade Agreement
Regulation on the Amendment of the Regulation on Movement Certificate EUR.1 Movement Certificate and Invoice Declaration to be Made in Exports Subject to the Generalized Preferences System Recognized by Turkey
Communiqu Pertaining to the Amendment of the Communiqu Related to the Export-Imported Goods (Communiqu No: Export 2006/7) (Export: 2017/8)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2017/19)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2017/17)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2017/18)
-Communiqu on the Amendment of the Communiqu on the Announcement of the New Value of Administrative Penalties (Product Safety and Control: 2017/13) Regulated for the Preparation and Implementation of the Technical Legislation on Products No. 4703 (Product Safety and Control: 2017/28)
Communiqu on Import Quota and Tariff Provision Administration (No: 2017/2)
Communiqu on the Implementation of Imports Surveillance (No: 2017/11)
Communiqu on the Removal of the Communiqu on the Implementation of Imports Surveillance (Communiqu No: 2005/10)
2017/10439 Annex to Decision on Import Regime
2017/10441 Decision on the Removal of the Decree of the Council of Ministers dated 12/12/1986 and No. 86/11318 on the Customs Tax and Other Import Taxes and Pictures in the Explanations of Some of the Items Imported by the Exemption from Customs Tax for Use in Petroleum Transactions
2017/10467 Decision on the Amendment to the Border Gates Regarding the Exemption of Special Consumption Tax and Value-Added Tax on the Delivery of Motorized Vehicles
2017/10476 Annex to Decision on Import Regime
Communiqu on the Amendment of the Communiqu on the Implementation of Imports Surveillance (Communiqu No: 2017/7)
International Trade Compliance Update | August 2017
Communiqu on Import Quota and Tariff Provision Administration (No: 2017/3)
2017/10586 Decision of the Council of Ministers Decision No. 2013/5428 of 30/9/2013 on the Freezing of the Property of the Persons, Organizations or Organizations listed in the Decisions of the United Nations Security Council, 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List
2017/10587 Annex to the Decision of the Council of Ministers dated 30/9/2013 and numbered 2013/5428 of the United Nations Security Council on the Freezing of the assets of persons, organizations or organizations listed in the resolutions of 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List
2017/10589 Decision on the Implementation of Tariff Procurement in the Importation of Certain Agricultural Products
2017/10604 Decision on the Implementation of Tariff Coordinator in Livestock and Meat Imports
2017/10434 Decision on the Approval of the Framework Agreement Establishing Free Trade Area Between the Republic of Turkey and the Islamic Republic of Pakistan
2017/10475 Annex to Decision on Import Regime
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws ( ), Resolutions (), Presidential Decrees ( ), Decrees of the Cabinet of Ministers ( ), Regulations (), Agency Orders () and other pieces of legislation were posted on the Parliamentary ( ) website during the period of coverage of this Update:
On the formation of the Council for International Trade Resolution of the Cabinet of Ministers of Ukraine; The composition of the collegial body, the Regulation of 04.07.2017 455
On amendments to the Comprehensive Strategy for the Implementation of Chapter IV (Sanitary and Phytosanitary Measures) of Section IV "Trade and Trade-Related Issues", the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and Their member states, on the other hand Order of the Cabinet of Ministers of Ukraine dated July 4, 2017 No. 444-p
Issues of strengthening veterinary and sanitary control during the movement of animals and food products of animal origin Resolution of the Cabinet of Ministers of Ukraine; Regulation of 4.07.2017 460
On amending the general requirements for the processing, utilization, destruction or subsequent use of withdrawn from circulation of low-quality and dangerous products Resolution of the Cabinet of Ministers of Ukraine dated July 4, 2017 No. 466
On Approval of the Agreement between the Cabinet of Ministers of Ukraine and the Government of Hungary on the Maintenance of Road Border Bridges at the Ukrainian-Hungarian State Border Resolution of the Cabinet of Ministers of Ukraine dated July 12, 2017 No. 503
International Trade Compliance Update | August 2017
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only , and Recommendations having a direct effect on international traders are listed.
Board () of the Eurasian Economic Commission
66 (20-06-17) On setting the import customs duty rate of the Single Customs Tariff of the Eurasian Economic Union for lead ores and concentrates of lead with a lead content of at least 45% by weight
67 (20-06-17) On Amending the Provisions on the Advisory Committee on
Competition and Antimonopoly Regulation, Pricing Regulation and State (Municipal) Procurement
68 (20-06-17) On Amending the Instruction on the Procedure for Completing the Declaration on Goods
69 (20-06-17) On technological documents regulating information interaction in the implementation of the integrated information system of foreign and mutual trade of the general process "Ensuring the exchange of information concerning cars imported into the customs territory of the Eurasian Economic Union and issued for domestic consumption between the customs authorities of the member states of the Eurasian Economic Union"
70 (20-06-17) On approval of the Procedure for the formation and maintenance of a single register of certificates on the classification of small vessels meeting the requirements of the technical regulations of the Customs Union "On the safety of small boats" (TR TS 026/2012)
71 (20-06-17) On Amending the Decision of the Board of the Eurasian Economic Commission of December 25, 2012 No. 295
72 (20-06-17) On Amending the Decision of the Commission of the Customs Union of October 18, 2011 No. 826
73 (20-06-17) On the customs bodies of the member states of the Eurasian
Economic Union, which cooperate in the framework of the Eurasian Economic Union
74 (20-06-17) On individual issues related to vehicles for personal use
75 (20-06-17) On Amendments to Appendix No. 2 to the Regulations on the Importation into the Customs Territory of the Eurasian Economic Union of Radioelectronic Means and High-Frequency Civil Devices, including embedded or included in other goods
76 (20-06-17) On Amending the Single Commodity Nomenclature for For-
eign Economic Activity of the Eurasian Economic Union and the Common Customs Tariff of the Eurasian Economic Union for Paints and Varnishes for the Leather and Footwear Industry
77 (20-06-17) On technological documents regulating information interaction when implemented through the integrated information system of external and mutual trade of the general process "Formation, maintenance and use of the register of organizations and persons engaged in the production, processing
and (or) storage of goods moved from the territory of one member state of the
Eurasian Economic Union to the territory of another member state of the Eurasian Economic Union "
78 (20-06-17) On Requirements to the Electronic Form of Applications and Documents of the Registration Dossier Presented in the Implementation of Registration and Expertise of Safety, Quality and Efficiency of Medical Devices
79 (20-06-17) On the Requirements to the Electronic Form of Applications and Documents of the Registration Dossier Presented at the Registration and
International Trade Compliance Update | August 2017
Examination of Medicinal Products for Medical Use
80 (20-06-17) About the certificates of state registration of products
81 (03-07-17) On the classification of used pipes made of ferrous metals for oil and gas pipelines in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
82 (11-07-17) On Amending the Decision of the Board of the Eurasian Economic Commission of November 27, 2012 No. 237
83 (11-07-17) On the transitional provisions of the technical regulations of the Eurasian Economic Union "On the safety of equipment for children's playgrounds" (TP EAES 042/2017)
84 (11-07-17) On Amending the Decision of the Commission of the Customs Union of May 20, 2010 No. 260
85 (11-07-17) On Amending the Decision of the Commission of the Customs Union of October 14, 2010 No. 413
86 (11-07-17) On introducing changes to the list of common processes within the framework of the Eurasian Economic Union
87 (18-07-17) On the approval of interval quantitative values of external forecast parameters for the preparation of official forecasts of the socioeconomic development of the member states of the Eurasian Economic Union for 2017 and for the period 2018-2020
88 (18-07-17) On the transitional provisions of the technical regulations of the Eurasian Economic Union "On the safety of equipment for children's playgrounds" (TP EAES 042/2017)
89 (18-07-17) On the classification of the drill rod in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
90 (18-07-17) On amending the list of executive authorities of the member states of the Eurasian Economic Union, whose authorized representatives are included in the Advisory Committee for the Interaction of Control Bodies at the Customs Border of the Eurasian Economic Union
91 (18-07-17) On Amending the Instruction on the Procedure for Completing the Declaration on Goods
Classification decisions adopted by the Commission and preliminary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classification decisions under the common tariff adopted by the Commission. A separate website exists for preliminary decisions on the classification of goods adopted by the customs authorities of states - members of the Eurasian Economic Union. The table lists the tariff codes, a description, rationale (GRIs) for the decision.
Preliminary decisions on tariff classification
The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods ( , ). The database has been updated through July 2017. It may be searched by tariff code or description (in Russian).
International Trade Compliance Update | August 2017
Preliminary decisions on tariff classification
The Federal Customs Service (FCS) has a searchable on-line database of preliminary decisions on tariff classification. The database has been updated through 2016. It may be searched by tariff code, description (in Russian) or note number.
Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees ( ) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information ( - ) during the period of coverage of this Update:
01-07-17 03-07-17 04-07-17 111-07-17 13-07-17
Federal Law No. 136-FZ of 1 July 2017 "On Amendments to Articles 1 and 8 of the Federal Law" On the Development of the Republic of Crimea and the City of Federal Significance of Sevastopol and the Free Economic Zone in the Territories of the Republic of Crimea and the City of Federal Significance of Sevastopol "
Decree of the Government of the Russian Federation No. 773 of June 29, 2012, "On licensing the import of crushed stone, gravel, crushing screenings, materials from screenings of crushing and mixtures of which gravel, sand and sand are components."
Decree of the Government of the Russian Federation of June 30, 2017 No. 782 "On Amendments to the Rules for Issuing Russian Permits and Special OneTime Permits for International Road Transport from Territory or to the Territory of a Third State to Foreign Carriers, and Foreign Permits and Multilateral Permits to Russian Carriers" PDF- File: 79 KB (2 pages)
Federal Law No. 131-FZ of July 1, 2017 "On Amending the Federal Law" On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation "
Organizations and individuals included in the List of organizations and individuals for whom there is information on their involvement in extremist activities or terrorism, on the basis of subparagraphs 1 to 3 of paragraph 2.1 of Article 6 of the Federal Law of 07.08.2001 N 115-FZ "On Counteraction Legalization (laundering) of proceeds from crime and financing of terrorism "
Order of the Government of the Russian Federation No. 1462-r of 10 July 2017 "On the Signing of the Agreement between the Government of the Russian Federation and the Government of the Democratic Socialist Republic of Sri Lanka on Cooperation and Mutual Assistance in Customs Affairs"
Decree of the Government of the Russian Federation No. 846 of July 19, 2017 "On Authorized Bodies of the Russian Federation for the Implementation of State Control (Supervision) over Compliance with the Requirements of the Technical Regulations of the Eurasian Economic Union" On the Safety of Fish and Fishery Products "
Decree of the Government of the Russian Federation No. 850 dated July 19, 2017 - "On Amendments to the Methodology for Calculating the Rates of Export Customs Duties on Crude Oil, approved by Resolution No. 276 of the Government of the Russian Federation of March 29, 2013"
Federal Law of July 18, 2017 No. 158-FZ "On ratification of the Protocol on the extension of the Agreement on the implementation in 2015 - 2016 of a pilot project for the introduction of marking of goods with control (identification) marks for the commodity item" Items of clothing, clothing accessories and Other articles made of natural fur "dated September 8, 2015"
International Trade Compliance Update | August 2017
Federal Law No. 184-FZ of July 26, 2017 "On the Adoption of the Protocol on Amending the Agreement on Trade-Related Aspects of Intellectual Property Rights"
Federal Law of July 26, 2017 No. 179-FZ "On the Basics of Cross-Border Cooperation"
Federal Law No. 183-FZ of July 26, 2017 "On the Ratification of the Council of Europe Convention on Laundering, Identification, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism"
Middle East and North Africa
Qatar diplomatic crisis the continuing report
The political and economic boycott of Qatar, which began on 5 June 2017 when Saudi Arabia, the United Arab Emirates, Bahrain and Egypt cut diplomatic ties with Qatar and moved to close off access to the Gulf country, continue to have a significant impact on international trade in the Middle East.
Since our previous alerts on 7 June 2017 and 12 June 2017 the following developments have occurred:
1. Saudi Arabia, the UAE, Bahrain and Egypt issued a 13-point list of demands to Qatar on 22 June, which included curbing diplomatic ties with Iran, severing all ties with "terrorist organisations", closing the Al Jazeera television network, terminating the joint military cooperation with Turkey, aligning itself with other Gulf and Arab countries' policies, and consenting to audits and annual compliance monitoring. The demands were delivered to Kuwait, which was acting as mediator of the crisis, and Qatar was given 10 days to comply. On 2 July, the boycotting countries agreed to extend the deadline by two days at the request of Kuwait.
2. On 3 July, Qatar responded to the demands but no specific details were publicly released. The Qatari foreign minister said that the demands were not aimed at tackling terrorism but at curtailing Qatar's sovereignty, and were impossible to meet.
3. On 5 July, the foreign ministers of Saudi Arabia, the UAE, Bahrain and Egypt met in Cairo to consider Qatar's response and discuss the future of the crisis. They subsequently issued a joint statement condemning Qatar's negative response and confirming that the political and economic boycott would continue. The Saudi foreign minister said that further steps against Qatar will be taken at an appropriate time and will be in line with international law. Further consultations will be held in Bahrain at a later date.
4. Finance: Approaching the 2 July deadline, Qatar's stock market sank as much as 3.1 percent, bringing its total losses to 11.9 percent since 5 June. The Qatari Riyal exchange rate against the US dollar has been severely affected as the Qatar Central Bank pegged the Qatari Riyal at
International Trade Compliance Update | August 2017
3.64 as of 5 July. Qatar has also withdrawn 60 billion Qatari Riyals (USD 16 billion) from its deposits and borrowed 10 billion Qatari Riyals (USD 2.65 billion). On 30 June, it was reported in the press that several British banks announced that they stopped trading the Qatari Riyals.
5. Business: There are currently no publicly released restrictions on investment as between Qatar and the boycotting countries. In Saudi, the Saudi Ministry of Commerce and Investment recently gave its verbal instructions to government agencies to pause all applications for the issuance of commercial licenses and company registrations as well as other administrative actions that involve Qatari nationals.
6. Updated Terrorist Watch Lists: Saudi Arabia, Bahrain, the UAE and Egypt updated their terrorist watch lists by identifying the names of 59 individuals and 12 organizations that are deemed to be engaged in acts of terrorism or activities supporting terrorism. In the absence of any official instructions or guidelines it is unclear what specific actions will be taken against those persons who appear on the list (or any party that has any financial, commercial or other type of connection with such persons).
7. Shipping: Since Saudi Arabia, the UAE, Bahrain and Egypt (to a more limited extent - see below) banned all Qatari flag vessels or vessels owned by Qatari companies or individuals or carrying goods of Qatari origin from passing through their ports, shipping lines appear to have put in place alternative arrangements where the product is discharged first to a third party country (such as Oman) before onward shipment to Qatar. Shipments from the United States or European Union to Qatar are not prohibited.
8. Oil and gas: State-run Qatar Petroleum announced its plans to increase gas production from its giant North Field by 20 percent amid the diplomatic crisis. It is the world's biggest gas field which the country shares with Iran.
For additional details and frequently asked questions, please go to: http://www.bakermckenzie.com/en/insight/publications/2017/07/update-qatardiplomatic-crisis.
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
28-07-17 GG.41012 International Trade Compliance Update | August 2017
Correction Notice to reflect the correct rate of Anti-dumping duty on item 215.02/7312.10.90/04.08 as 93% instead of 96% in the English version only
Amendment of Part 1 of Schedule No. 1, by the
With retrospective effect from 17-06-16
substitution of tariff subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99 to reduce the rate of customs duty on sugar from 63.63c/kg to free due to the review of the Dollarbased Domestic Reference Price and variable tariff formula for sugar ITAC Report 542
Trade compliance enforcement actions - import, export, IPR, FCPA
The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis].
[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep't Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep't of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.]
Date of Release 07-06-17 07-11-17 07-14-17 07-17-17 07-18-17
Hobby Lobby settles $3 million civil suit for falsely labeling Cuneiform Tablets (ICE, CBP, DOJ) Live Snakes Seized in Parcel By CBP at JFK International Mail Facility (CBP, FWS) Former Suzuki Employee Pleads Guilty to Submitting False Report to The EPA (DOJ, EPA, ICE, USPIS) Portuguese engineer pleads guilty to conspiring to export technology to Iran without approval from the US government (DOJ, ICE) Director of South Korea's Earthquake Research Center Convicted of Money Laundering in Million Dollar Bribe Scheme (DOJ, FBI, S. Korea, UK) CBP Seizes $248k Shipment of Counterfeit Designer Watches from Hong Kong (CBP) Telecom Executive Pleads Guilty to FCPA Charge in Connection With Haitian Bribery Scheme (DOJ, IRS, Haiti, Panama) EU customs seized over 41 million fake goods at EU borders last year Exxon Mobil Corp. Assessed a Penalty for Violating the Ukraine-Related Sanctions [$2 million for alleged violations] (OFAC)
International Trade Compliance Update | August 2017
07-24-17 07-26-17 07-27-17 07-28-17
AlphaBay, the Largest Online 'Dark Market,' Shut Down (DOJ, FBI, DEA, IRS, ICE, Royal Thai Police, Dutch National Police, Lithuanian Criminal Police Bureau (LCPB), RCMP, UK's National Crime Agency, Europol, French National Police, Europol) Member of conspiracy to import and traffic counterfeit electronic product gets 37 months in prison (DOJ, ICE, Europol, Guardia di Finanza) Alleged Head of Wildlife Smuggling Ring Extradited from Australia (DOJ, FWS, USMS, Australian Police and AG)
Charleston CBP Seizes Counterfeit Toys (CBP)
New Zealand man sentenced for conspiring to export sensitive parts to China (DOJ, ICE)
Indiana man admits role in Darknet weapons trafficking scheme (ICE, DOJ) Montral man sentenced to 12 months in prison, business fined $567,645 for attempted tobacco smuggle into Canada (CBSA) (F) Marketing manager fined $92,000 for counterfeiting certificates of origin and making false statements (Singapore Customs, CBP)
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie's Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are:
Jochen Meyer-Burrow, Partner, [email protected]
Martin Morawski, Associate, [email protected]
The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you:
International Trade, Tax, Anti-corruption and Government Procurement
Global International Trade Compliance Update July 2017
Client Alert: NAFTA In Play Nine Takeaways from the USTR Summary of Negotiating
Mexico Client Alert: Ministry of Economy enables website for comments and proposals
for NAFTA (Eng.); La Secretara de Economa habilita un portal para comentarios y pro-
Argentina: Changes to the Current Regulations Applicable to Automatic and Non Automatic
Malaysia: New GST Relief on Supplies Directly Connected to Exported Goods
Germany Tax Law Hot Topics: Federal Council approves new law limiting royalty deduc-
Thailand: Subordinated Laws Under the Government Procurement and Supplies Manage-
Mexico - International Commercial Client Alert No. 35: Extraordinary security measures on
International Trade Compliance Update | August 2017
flights to the United States (Eng.); Medidas de seguridad extraordinarias en vuelos hacia los Estados Unidos (Span.)
Other areas Vietnam Banking & Finance Client Alert: Civil Code Amendments in Practice: Representative Offices, Business Associations, etc., Lose Capacity to Operate Bank Accounts Vietnam Technology, Media & Telecommunications Client Alert: New Draft Cybersecurity Law 2017 Turkey Capital Markets Legal Alert: Ownership Data Sharing Made Easier for Turkish Sovereign Bonds Doing Business Globally: GDPR: What B2B Companies Need to Know (Video) The Global Employer: Europe, Middle East & Africa Quarterly eAlert Q2 2017 The Global Employer: Monthly eAlert Spain: Preliminary Draft Organic Law on the Protection of Personal Data UK Pensions Update June 2017 Vietnam Pharmaceutical & Healthcare Client Alert: Foreign-Invested Enterprises' Right to Import Drugs Under Decree 54 EMEA Healthcare Industry Group Newsletter | July/August 2017 July 2017 - Audit Committee and Auditor Oversight Update
Tuesday 26 September, 8:30 am 4:30 pm The opening day of our Annual Anti-Bribery, Trade and Customs Conference will focus on anti-bribery and corruption. The past year has seen major enforcement activity and far-reaching legislative developments across the world which we will be exploring throughout the day. Please click here for the full agenda.
Export Controls and Trade Sanctions Seminar
Wednesday 27 September, 9:00 am 5:30 pm This session will update delegates on key recent developments in EU, UK, US and international export controls and trade sanctions. In particular, we will provide an update on the latest developments related to sanctions against Iran, Sudan, Russia, Cuba and North Korea, both in the EU and under the new Trump administration, whilst also discussing potential trade implications arising from Brexit and the boycott against Qatar by various Gulf and Arab nations. Please click here for the full agenda.
Customs Seminar: Impact of Brexit, Trump and other key developments
International Trade Compliance Update | August 2017
Thursday 28 September, 8:30 am 5:00 pm The final day of our conference will focus on the expected impact on customs of Brexit, the impact of the Trump presidency on global trade and other key developments in the customs arena. Please click here for the full agenda. We hope that you will be able to join us for what will be an interesting and fruitful three days. Please register as soon as possible as places are limited. For further information relating to the London event please contact [email protected]
Should you prefer to attend our trade conferences in Amsterdam or Santa Clara instead, you can obtain additional information on these conferences via the contacts set out below.
We would like to invite you to our 7th Annual International Trade & Compliance Conference on Thursday 21 September and Friday 22 September 2017 at the Sheraton Amsterdam Airport Hotel.
Sheraton Amsterdam Airport Hotel Schiphol Boulevard 101 1118 BG Amsterdam
The conference will provide you with an overview of >> Directions
significant developments with respect to export con-
trols, trade sanctions and customs regulations as
well as anti-bribery enforcement trends.
Our colleagues from the Middle East will also pro- Baker McKenzie's EU Trade team
vide an update on the latest developments and
Baker McKenzie's EU Trade team
practical challenges with the sanctions imposed on is the region's largest and leading
international trade team. The EU
team is supported by the worlds
We will bring together presenters from a number of largest group of international trade
our offices, including Amsterdam, Frankfurt, Lon- lawyers. With over 20 years expe-
don, Moscow, San Francisco, Singapore, the United rience, our long standing trade
Arab Emirates and Washington D.C. Among them team's experience is well placed to
are former White House and U.S. Department of guide you through national and
Justice officials. In addition we have invited corpo- international challenges and oppor-
rate speakers to reflect on the implications of these tunities that multinational compa-
international compliance matters for their own com- nies are likely to face as a result of
panies. Further details as well as the speakers at the new political landscape.
our conference are set out in the current program.
To keep abreast of interna-
International Trade Compliance Update | August 2017
tional trade-related news, visit our blogs:
If you would like to attend our conference, please register by using the button below. Feel free to pass
>> International Trade Compliance Update - July 2017
this invitation on to your colleagues.
>> Brexit: What it means for your
This conference for in-house legal counsel and compliance managers is free of charge. Please register as soon as possible as seats are limited. A formal confirmation confirming your seat, including final details, will be sent to you early August.
We look forward to welcoming you at our conference.
Mattias Hedwall Head of Baker McKenzie's International Commercial & Trade Group
>> Qatar Diplomatic Crisis - The continuing impact
This conference is CPD accredited for 11 hours for two days conference (6 hours for day 1 and 5 hours for day 2) SRA Authorisation Code 009/BAMC.
The Dutch Bar Association has permitted Baker & McKenzie Amsterdam N.V. to issue NoVa points for the attendance of this conference. If you attend both days of the conference you will receive 10 NoVa points, whereas a one-day attendance for day 1 will lead to 5 NoVa points being granted.
Silicon Valley - A Year-End Review of Import/Export Developments
14 & 15 November 2017 - Santa Clara
For more information about this conference, please contact: Elizabeth Rittinger
2017 Global Trade and Supply Chain Webinar Series
"2017: Beginning of a New Era in Global Trade and Business?"
We are very pleased to announce our 14th annual, Global Trade and Supply Chain Webinar Series entitled, "2017: Beginning of a New Era in Global Trade and Business?". The series will include the latest international trade developments including the impact of the Trump presidency on trade policy and of Brexit. In addition to our usual topics of Customs, export controls/sanctions and FCPA/anti-bribery, we will also cover data privacy and intellectual property in the supply chain.
This year, we are very excited to expand our usual program to launch our Customs Academy, which will feature 6 "Customs 101" webinars (indicated in green). The Customs 101 program will be primarily aimed at participants
Webinar Start Time: 08:00 AM (Pacific) 10:00 AM (Central) 11:00 AM (Eastern) *see timeanddate.com for time in your location.
Login Details: Log-in details will be sent via email one week before the event.
Focus Group Head: Teresa A. Gleason Head, Global Customs Focus Group
International Trade Compliance Update | August 2017
who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions.
These webinars area all complimentary.
Terrie Gleason, a partner in our Washington, DC office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, Of Counsel in the London office, will moderate most of 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 any of the webinars, or wish to see them again, you can click on the blue titles below or go to our website:
Major Customs Developments in North America and Asia
Speakers: Stu Seidel (Washington, DC), Brian Cacic (Toronto), Eugene Lim (Singapore), and Adriana Ibarra-Fernandez (Mexico City)
Customs Basic: How to Classify Your Products
Speakers: Daniel Lund (London), Jose Hoyos-Robles (Mexico City), and Eunkyung Shin (Chicago)
New Era of Protectionism? Trump Presidency and Brexit Developments
Speakers: Terrie Gleason and Stu Seidel (Washington DC), Ross Denton and Jessica Mutton (London)
Customs Basic: How to Value Your Products
Speakers: Nicole Looks (Frankfurt), Eugene Lim (Singapore), Paul Burns (Toronto), and Daniel Sanchez-Elizondo (Guadalajara)
Impact on Sanctions: Trump Administration's Effects on US, EU, and Russian Sanctions
Speakers: Alexander Bychkov (Moscow), Ben Smith (London), Alex Lamy (Washington, DC) and Alison Stafford Powell (Palo Alto)
Customs Basic: Determining the Origin of Your Products
Speakers: Olivia Colville (Chicago), Jessica Mutton (London), and Adriana Ibarra-Fernandez (Mexico City)
Major Developments in Data Privacy Laws US, Canada and EU
Speakers: Brian Hengesbaugh (Chicago), Dean Dolan (Toronto), Dyann Heward-Mills (London), Michael Egan (Washington, DC)
Questions: If you have any questions regarding this webinar series, please contact:
Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]
MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/1512/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
These webinars have been approved for CES and CCS 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!
International Trade Compliance Update | August 2017
Customs Basic: Reducing your Duty Liability Through the Use of Customs Procedures
Speakers: Gooike van Slooten (Amsterdam), Eunkyung Kim Shin (Chicago), Manuel Padron (Juarez), and Panya Sittisakonsin (Bangkok)
September 19 Intellectual Property Considerations and
Issues in Your Supply Chain
Speakers: Gary Shapiro (San Francisco) and Lothar Determann (Palo Alto)
Customs Basic: What You Need to Know about Customs in the EU, Russia and China
Speakers: Mariacristina Scarpa and Giulia Bettarini (Milan), Alexander Brychov and Vladimir Efremov (Moscow), and Frank Pan (Shanghai)
Major Developments in FCPA/AntiBribery Regulation
Speakers: John McKenzie (San Francisco), Mini vandePol (Hong Kong), and Peter Tomczak (Chicago)
Customs Basic: What You Need to Know about Customs in the US, Mexico and Brazil
Speakers: Alejandro Martinez-Galindo (Guadalajara), Alessandra S. Machado (Sao Paulo), Meredith DeMent (Washington, DC), and Meghan Hamilton (Chicago)
2016 International Trade Compliance Webinar Series
Our 13th annual, International Trade Compliance Webinar Series entitled, "TPP and New Developments in Global Trade" had several sessions covering the Trans-Pacific Partnership (TPP), as well as sessions covering key developments in customs, export and FCPA. All webinars run approximately 90 minutes. If you missed a webinar, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted. Due to a redesign of our website, previous links are no longer valid.
Overview of the Trans-Pacific Partnership (TPP) Speakers: Frederick Burke (Ho Chi Minh City), Miguel Noyola (Chicago), Eugene Lim (Singapore), and Elizabeth Nightingale (Kuala Lumpur).
The Trans-Pacific Partnership (TPP) and Labor and Environment Speakers: Frederick Burke (Ho Chi Minh City) and Thuy Hang Nguyen (Ho Chi Minh City).
Customs Considerations in Free Trade Agreements, Including TPP and NAFTA Speakers: Adriana Ibarra (Mexico City), Stuart Seidel (Washington, DC), and Meredith DeMent (Washington, DC).
The Latest on Trade Sanctions: Iran, Russia, and Other Developments Speakers: Steven Hill (Washington, DC), Philippe Reich (Zurich), Alexander Bychkov (Moscow), and Ben Smith (London).
Cuba Sanctions Developments and Updates Speakers: Alison Stafford-Powell (Palo Alto), Alexandre Lamy (Washington, DC), Brian Cacic (Toronto), and Julia Pfeil (Frankfurt).
FCPA Considerations Arising in Import/Export Operations
International Trade Compliance Update | August 2017
Speakers: John McKenzie (San Francisco), Joan Meyer (Washington, DC) and Mini vandePol (Hong Kong).
Update on Customs Valuation Issues Around the World Transfer Pricing, First Sale, Royalties Speakers: Paul Burns (Toronto), Nicole Looks (Frankfurt), Jennifer Revis (London), and Eugene Lim (Singapore).
Practice Group Co-Chair: Teresa A. Gleason, Co-Chair, Global Customs and FTA Practice (Washington, DC), Tel: +1 202 452 7030, [email protected]
Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez, Business Development Specialist, Tel: +1 202 835 1661 or [email protected]
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 credit. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This non-transitional program is not appropriate for newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc.
Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of "notifications" to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for
Argentina Argentina Brazil Brazil Brazil
ARG/203/Add.3 06/19/2017 Not given Medical technology products ARG/211/Add.5 07/14/2017 Not given Gas appliances for domestic use
BRA/272/Add.7 070/7/2017 Not given Articles of steel (HS 73)
BRA/456/Add.2 BRA/461/Rev.1/ Add.2
Systems and equipment for water heating using solar energy (HS 8419)
Systems and equipment for water heating using solar energy (HS 8419)
Pneumatic tires used on bicycles for adult use (HS 08/03/2017 401150) - New pneumatic tyres, of rubber, of a kind
07/11/2017 8/10/2017 All products that hold the Object Register.
International Trade Compliance Update | August 2017
Brazil Canada Canada Chile Chile Chile Chile Chile Chile Chile Chile Chile Chile China
BRA/642/Add.1 CAN/530 CAN/525/Add.1 CHL/387/Add.1 CHL/409
Prescription status of medicinal ingredients for human use (HS 3004.90)
Gas-fired instantaneous domestic water heaters (HS 841911)
CHL/411 CHL/412 CHL/413 CHL/414 CHL/415 CHL/416 CHL/417 CHN/1210
Rigid non-metallic conduits and fittings for electrical installations
Barbecues for outdoor use, including contact grills, fired exclusively by LPG.
Type B2 H3 ring seals for automatic valves for LPG cylinders.
Portable general purpose luminaires (floor lamps, bedside lamps and desk lamps)
Plastic waste from living sources (HS 3915100000;
waste paper: 4707900090; Waste textile materials:
granulated slag), scalings and other waste from the
manufacture of iron or steel. (HS 2619), Ash and
residues (other than from the manufacture of iron or
steel), containing arsenic, metals or their compounds. (HS 2620), Waste, parings and scrap, of
plastics. (HS 3915), Waste of wool or of fine or
coarse animal hair, including yarn waste but exclud-
ing garnetted stock. (HS 5103), Garnetted stock of
wool or of fine or coarse animal hair. (HS 5104),
Cotton waste (including yarn waste and garnetted
stock). (HS 5202), Waste (including noils, yarn
waste and garnetted stock) of man-made fibres.
(HS 5505), Used or new rags, scrap twine, cordage,
rope and cables and worn out articles of twine,
cordage, rope or cables, of textile materials. (HS
6310), - Other, including unsorted waste and scrap
International Trade Compliance Update | August 2017
Colombia Costa Rica Ecuador Ecuador Ecuador Ecuador El Salvador European Union European Union European Union European Union European Union European Union Italy Japan
ECU/334 ECU/55/Add.2 ECU/129/Add.3 SLV/142/Add.3
"premium" and "super" petrol, diesel fuel (HS 2707.50.90, 2710.11.11, 2710.11.13, 2710.19.14, 2710.19.21, 2710.19.22, 2711.11.00, 2711.12.00, 2711.13.00, 2711.21.00)
Charging accessories for electric vehicles (8504409010, 8544420000 and 8536901000)
07/14/2017 Not given Ferrous scrap metal(HS 7204)
Dispersing and spraying appliances (HS 8424.30.00, 8424.81.20, 8424.81.31.10, 8424.81.31.29, 8424.81.39, 8424.81.90 and 8424.89.00)
placed on the market or used as a substance on its own or in mixtures in a concentration equal to or
Tractors (other than tractors of heading 87.09) (HS
8701), Motor vehicles for the transport of ten or
more persons, including the driver. (HS 8702), Mo-
tor cars and other motor vehicles principally de-
signed for the transport of persons (other than
those of heading 87.02), including station wagons
and racing cars. (HS 8703), Motor vehicles for the
transport of goods. (HS 8704), Special purpose motor vehicles, other than those principally de-
signed 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
vehicles), mobile workshops, mobile radiological
MEX/300/Add.9 06/27/2017 Not given Petroleum products (headings 27.01 to 2901.10)
International Trade Compliance Update | August 2017
Mexico Pakistan Paraguay Paraguay Peru Peru Philippines
Singapore Sri Lanka Sweden Sweden Taiwan Economy Taiwan Economy
MEX/344/Add.1 07/14/2017 Not given Room air-conditioners (tariff heading 8415)
Skin Creams PS: 3228/2017(03rd Revision) (HS 3304.9910)
Values of certain parameters for imported and marketed gasoline types established in Annexes I and II of Resolution No. 502/2016 and Decree No. 4.562/201
Quality control and certification procedure for Type I 08/09/2017 biodiesel; mandatory blending of biodiesel with
Type II and Type III diesel oil.
Pharmaceutical products, classified under Chapter 30 of the Harmonized System or Customs Tariff
PER/89/Add.1 07/06/2017 Not given Food
SGP/36 LKA/35 SWE/132 SWE/132/Add.1
Product Safety Certification Scheme for all products under BPS technical regulation
Products covered under Mandatory Water Efficiency Labelling Scheme (MWELS) for potable water use: Taps and mixers (basin/shower/sink/bib); Dualflush low capacity flushing cisterns; Urinal flush valves; Waterless urinals; Clothes Washing Ma09/04/2017 chines Intended for household Use AND Product covered under Voluntary WELS (VWELS) for potable water use: Showerheads (National tariff headings: 8450.11.10, 8450.11.90, 8450.12.00, 8450.19.10, 8450.19.90, 8450.20.00, 8481.80.59, 8481.80.91, 8481.90.21, 6910.10.00)
Products covered under Mandatory Water Efficiency Labelling Scheme (MWELS) for potable water use: Taps and mixers (basin/shower/sink/bib); Dualflush low capacity flushing cisterns; Urinal flush valves; Waterless urinals; Clothes Washing Machines Intended for household Use AND Product covered under Voluntary WELS (VWELS) for potable water use: Showerheads (National tariff headings: 8450.11.10, 8450.11.90, 8450.12.00, 8450.19.10, 8450.19.90, 8450.20.00, 8481.80.59, 8481.80.91, 8481.90.21, 6910.10.00)
HS 87.11 Motorcycles (including mopeds) and cy09/18/2017 cles fitted with an auxiliary motor, with or without
Taps, cocks, valves HS Codes are given in the Gazette Notification No. 1953/27 (HS 8481)
Rinse-off cosmetics that contain solid plastic parti10/04/2017 cles which have been added for exfoliating, clean-
Rinse-off cosmetics that contain solid plastic partiNot given cles which have been added for exfoliating, clean-
Not given Food for human consumption
International Trade Compliance Update | August 2017
Motorcycles (including mopeds) and cycles fitted 07/13/2017 Not given with an auxiliary motor, with or without side-cars;
C00C - Chemicals Rubber Hoses, TextileReinforced, For Compressed Air -- Specification
UGA/187/Add.1 07/19/2017 Not given Food contaminants
UGA/249/Add.1 07/19/2017 Not given Fresh potato tuber
UGA/285/Add.1 07/19/2017 Not given Fish and fishery products
UGA/320/Add.1 07/19/2017 Not given Chilli sauce
UGA/322/Add.1 07/19/2017 Not given Fresh onions
UGA/325/Add.1 07/19/2017 Not given Fresh tomatoes
UGA/326/Add.1 07/19/2017 Not given Tomato paste
UGA/327/Add.1 07/19/2017 Not given Tomato puree
UGA/328/Add.1 07/19/2017 Not given Fruits, vegetables and derived products; (ICS: 6
UGA/475/Add.1 07/19/2017 Not given Fresh Passion Fruit
UGA/476/Add.1 07/19/2017 Not given Fresh Mangoes
Fruits, vegetables and derived products in general (ICS: 67.080.01)
Smoked fish; Smoke flavoured fish; Smoked dried fish (HS 0305)
UGA/525/Add.1 07/18/2017 Not given Quick frozen prawns and shrimp
UGA/526/Add.1 07/18/2017 Not given Frozen octopus
Crackers from marine and freshwater fish; Crackers from crustacean and molluscan shellfish
UGA/529/Add.1 07/18/2017 Not given Frozen tuna loins
UGA/542/Add.1 07/18/2017 Not given Fresh pineapples
Tomato products, canned tomatoes. Tomatoes preNot given pared or preserved otherwise than by vinegar or
International Trade Compliance Update | August 2017
UGA/545/Add.1 07/18/2017 Not given Tomato sauce, tomato ketchup (HS 210320)
UGA/547/Add.1 07/18/2017 Not given Tomato paste, tomato puree
UGA/548/Add.1 07/18/2017 Not given Fresh tomatoes (HS 0702)
UGA/549/Add.1 07/18/2017 Not given Passion fruits
Not given Fresh mangoes (HS 0804, 080450)
UGA/552/Add.1 07/18/2017 Not given Fresh carrots (HS 0706, 070610)
Not given Fresh sweet bananas (HS 0803, 080300)
Chilli sauce: Sauces and preparations therefor; Not given mixed condiments and mixed seasonings; mustard
flour and meal and prepared mustard (HS 2103)
UGA/555/Add.1 07/18/2017 Not given Fresh onions (HS 071220)
UGA/588/Add.1 07/18/2017 Not given Fish protein concentrate
UGA/589/Add.1 UGA/590/Add.1 UGA/591/Add.1
Frozen lobster tails. Tunas (of the genus Thunnus), skipjack or stripe-bellied bonito (Euthynnus (Katsuwonus) pelamis), excluding livers and roes : (HS: 03023), - Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.) (HS: 030611), - Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.) (HS: 030621), - Lobster (HS: 160530)
Tunas, canned tunas. Tunas, skipjack and bonito (Sarda spp.) (HS: 160414)
UGA/593/Add.1 07/18/2017 Not given Dairy based beverages (HS 0401, 0402)
UGA/616/Add.1 07/18/2017 Not given Plastic cling wrap film for food contact use
UGA/633/Add.1 07/18/2017 Not given Bare foil for Food Packaging (HS 760120)
UGA/684/Add.1 07/18/2017 Not given Edible eggs in shell (HS 0407)
Caprine (goat) meat, Caprine (goat) carcasses and cuts - Meat of goats (HS 020450)
Porcine (pig) meat, Porcine (pig) meat Carcasses 09/08/2017 and cuts; Meat of swine, fresh, chilled or frozen (HS
0203), - Meat of swine: (HS 02101)
Cold rolled low carbon steel flat products. Flat-rolled 07/12/2017 09/10/2017 products of iron or non-alloy steel, of a width of 600
mm or more, cold-rolled (cold-reduced), not clad,
International Trade Compliance Update | August 2017
Uganda Uganda United States United States United States United States
United States United States United States United States United States United States
plated or coated (HS 7209), Flat-rolled products of other alloy steel, of a width of 600 mm or more (HS 7225)
Padlocks and locks (key, combination or electrically operated), of base metal; clasps and frames with 09/10/2017 clasps, incorporating locks, of base metal; keys for any of the foregoing articles, of base metal (HS 8301).
Heavy hydrocarbon mixtures, heavy crude oils, 09/17/2017 petroleum distillates, residues, and synthetic mix-
tures. - Crude oil (HS 150810)
Yeasts (active or inactive); other single-cell micro-
organisms, dead (but not including vaccines of heading 30.02); prepared baking powders. (HS
2102), - Mixes and doughs for the preparation of
bakers' wares of heading 19.05 (HS 190120)
Not given Food (HS 2101-2106) Not given Medium and heavy-duty vehicle emissions Not given Table saws
USA/1298/Add.1 USA/1191/Add.1 USA/1299
Not given Hazardous air pollutants
Portable air conditioners, large-diameter and highspeed small diameter ceiling fans, and instantaneous electric water heaters. Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters (HS: 8414), Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated (HS: 8415), Electric instantaneous or storage water heaters and immersion heaters (HS: 851610)
Personal protective equipment (fall protection systems)
Not given Formaldehyde emissions, composite wood products
Walk-in cooler and freezer refrigeration systems. Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15 (HS: 8418)
International Trade Compliance Update | August 2017
United States United States United States United States United States United States United States United States United States United States United States Viet Nam Viet Nam Viet Nam Viet Nam Viet Nam Viet Nam
USA/1291/Add.1 07/14/2017 Not given Garbanzo beans
Not given Not given Not given
Air conditioners, heat pumps (HS 8415.10, 8418.61)
USA/1122/Add.4 07/17/2017 Not given Compressors
USA/1145/Add.1 07/17/2017 Not given Fertilizing materials
USA/1276/Add.1 07/21/2017 Not given Chemical substances
Not given Chemical substances Not given Lentils (HS 071340) Not given Wood products emissions
07/21/2017 09/19/2017 Lubricant oil for internal combustion engine
No new advance rulings were posted by the Canada Border Services Agency (CBSA). In September of 2014, the CBSA enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.
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 190,000 such rulings are in the database.
CBP Rulings: Revocations or Modifications
The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. 1625(c) to revoke or
International Trade Compliance Update | August 2017
modify binding rulings or treatment previously accorded to substantially identical merchandise.
Published in CBP Bulletin (P) Proposed
Product(s) or Issue(s)
Ruling(s) to be Modified (M) or
Comments Due (C) or Effective
throat ("ENT") ophthalmic;
Eligibility of certain surgical microscopes for treatment under subheading 9817.00.96
NY N249825 NY N246385 HQ 561801 HQ 561940 HQ 961705
(M) (M) (R) (R) (M)
and neurological surgical microscopes were eligible for duty-free
the microscopes do not meet the definition of "designed or adapted for blind or other physically or mentally
Tariff classification of coconut water.
Tariff classification of plastic air mattresses Tariff classification of an unfinished quilted pillow shell
Eligibility of boys' shirt and tie sets for duty-free treatment under the Caribbean Basin Trade Partnership Act ("CBTPA")
Tariff classification of gel pack vest set
NY N249247 (R) 9403.70.8015 NY K88969 (R) 9403.70.8010
try under the CBTPA sub-
GRI 3(b); Note 1(a) to Chap.94; EN(X) to
CBTPA if entered on or
before March 1, 2006. The sets are not eligi-
Entire article is HQ H283055 6110.30.3059 [GRI
International Trade Compliance Update | August 2017
Published in CBP Bulletin (P) Proposed
Product(s) or Issue(s)
Ruling(s) to be Modified (M) or
Comments Due (C) or Effective
Tariff classification of aluminum ferrule/plastic button combinations for use, after further processing, as closures for vials
Tariff classification of dried algae powder
2102.20.60 [GRI 1; Note 5(a) to Chap. 12]
Tariff classification of a plastic cartridge for an ear piercing gun
(A) 07-19-17 Tariff classification of polyester flower leis
NY N048019 (R) NY N245539 (R) 7117.90.90 NY N247373 (R)
Valuation: dutiability of certain commission payments made by an importer.
Corrects misstatements HQ H284364 but does not change
The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.
An electrical apparatus (so-called `video converter'), rectangular shaped, with dimensions of approximately 17 14 4 cm. The apparatus has the following sockets:
-- a Serial Digital Interface (SDI),
(EU) 2017/1166 -- a High Definition Multimedia Interface
-- an RJ-45 interface, and
The apparatus is designed to convert video signals from SDI format to HDMI format.
International Trade Compliance Update | August 2017
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8543 , 8543 70 and 8543 70 90 .
The RJ-45 interface (communication function via Ethernet) is ancillary to the principal function (video conversion), as it serves only to receive updates while no video signals are transmitted via that interface. Classification under heading 8517 is therefore excluded.
Consequently, the apparatus is to be classified under CN code 8543 70 90 as other electrical machines and apparatus, having individual functions, not specified or included elsewhere in
The RJ-45 interface serves to connect the apparatus to the Ethernet only for the software updates and to get electric power needed for those updates (Power over Ethernet (`PoE')).
A knitted brassire (61 % nylon, 20 % elastane, 12 % cotton, 7 % viscose), with adjustable broad padded shoulder straps, centrally positioned over the breasts, with shaped cups and elastication at the back part of the base.
There is an embroidered design on the shoulder straps and cups and a decorative bow at the centre front.
The article is closed by means of an adjustable `hook and eye fastening'.
The brassire has a lining in the cups, with side openings for the insertion of padding for the enhancement of breasts (aesthetic purposes) or for the insertion of breast forms following a mastectomy.
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6212 , 6212 10 and 6212 10 90 .
The article has the objective characteristics (the form and the construction) of a brassire of heading 6212 , which includes brassires of all kinds (see also the Harmonised System Explanatory Notes to heading 6212 , second paragraph (1)).
Although the article can also be worn by women following a mastectomy, classification under heading 9021 as an orthopaedic appliance or as a part or accessory of an artificial part of the body is excluded because, at the time of importation, the objective characteristics of the product are those of a brassire of heading 6212 and do not give any indication of the final use (for aesthetic or medical purposes).
The side openings do not make the brassire a product of heading 9021 as they can serve both for the insertion of breast forms following a mastectomy and for the insertion of padding for the enhancement of breasts (aesthetic purposes). Similarly, the broad shoulder straps, centrally positioned over the breasts are a common feature for bigger cup brassires of heading 6212 .
Therefore, the article is to be classified under CN code 6212 10 90 as a brassire.
An article (so-called `steering wheel cover') made of plastics (polyvinyl chloride (PVC)), forming a circle with a diameter of 38 cm.
The article is designed to cover the steering wheel of a motor vehicle in order to improve its appearance, to protect the steering wheel against the sweat, wear and tear caused by its use and to protect hands from hot and cold extremes.
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90 and 3926 90 97 .
Classification under subheading 8708 94 as a part of a steering wheel is excluded as the article is not indispensable for the function of the steering wheel.
Classification under subheading 8708 99 as other parts or accessories of motor vehicles of headings 8701 to 8705 is also excluded as the article is not indispensable for the function of the motor vehicle, nor does it adapt the motor vehicle for a particular operation, or increase its range of operations, or enable it to perform a particular service connected with its main function (see Case C-152/10, Unomedical, ECLI:EU:C:2011:402, paragraphs 29 and 36).
International Trade Compliance Update | August 2017
An article in a form of a ball (so called `paintball') made of a hard gelatine shell containing water-based paint.
The article is designed to be used as a projectile for a paintball gun (air gun with a nozzle velocity of 91 meters per second) during the multi-player game `paintball'.
(EU) 207/1169 See images of 26-06-17
Consequently, the article is to be classified according to its constituent material (plastics) under CN code 3926 90 97 as other articles of plastics.
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 1 (s) to Chapter 95 and by the wording of CN codes 9306 , 9306 90 and 9306 90 90 .
The article is designed as a projectile for a paintball gun, which is an air gun of heading 9304 due to its considerable nozzle velocity (see Commission Regulation (EC) No 242/96 (OJ L 31, 9.2.1996, p. 16)).
The paintball is a projectile used for shooting with air guns similar to pellets or darts. Therefore, the paintball is another kind of ammunition (see also the Harmonised System Explanatory Notes to heading 9306 , (A) (3)).
Classification as a product of Chapter 95 is therefore excluded by virtue of note 1 (s) to that Chapter.
Consequently, the article is to be classified under CN code 9306 90 90 as a projectile.
A compact battery-operated fingertip apparatus (so called `pulse oximeter') combining an electronic processor, a pair of light emitting diodes (LED), a photo diode and an LED display (offering various display modes) in one unit. It is also equipped with a low battery indicator, an alarm function in case of high or low pulse rate or blood oxygen, and a `clip in' attachment to the finger.
It is used as a non-invasive method of monitoring a person's oxygen saturation and for measuring a pulse by means of optical radiation. After attaching to a person's finger, the LED pass two different wavelengths of light through the finger to a photo diode. It measures the changing absorbance at each of the wavelengths and subsequently determines/calculates the oxygen saturation and heart rate.
It can be used in professional medical practice and in research, sport, business etc. (for example, oxygen chambers, extreme mountaineering in low oxygen atmosphere, deep-sea diving; by pilots, firefighters, astronauts etc.).
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9018 , 9018 19 and 9018 19 10 .
The apparatus falls under the scope of heading 9018 which covers a very wide range of instruments and appliances which, in the vast majority of cases, are used only in professional practice to prevent or treat an illness or to operate, etc. The instruments and appliances classified here may be equipped with optical devices; they may also make use of electricity (see also the Harmonised System Explanatory Notes to heading 9018 ). While this kind of apparatus can be used by nonprofessionals, it is of a kind used for medical purposes as it provides information concerning `vital body functions' that may need to be further analysed by professionals.
Classification under heading 9027 as instruments and apparatus for physical or chemical analysis using optical radiation is consequently excluded.
It is therefore to be classified under CN code 9018 19 10 as instruments and apparatus used in medical science, monitoring apparatus for simultaneous monitoring of two or more parameters.
International Trade Compliance Update | August 2017
A circular article with a diameter of approximately 500 mm and a weight of approximately 23 kg. It is made of a spheroidal graphite cast iron (ductile iron, ENGJS-500-7). The article is painted with black bitumen for protection against corrosion.
The article is certified according to EN 124 standard (gully tops and manhole tops for vehicular and pedestrian areas) and it is used as a sewer cover (for example, for rainwater sewers).
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7325 , 7325 99 and 7325 99 10 .
The Explanatory notes to the Combined Nomenclature (CNEN) to CN code 7307 19 10 define malleable cast iron. According to those notes, the expression `malleable' includes spheroidal graphite cast iron. For reasons of legal certainty and in order to ensure coherent interpretation of the CN those CNEN should be applied by analogy also to heading 7325 . Classification of the article under CN code 7325 10 00 as other cast articles of non-malleable cast iron is consequently excluded.
The article is therefore to be classified under CN code 7325 99 10 as other cast articles of malleable cast iron.
A new, four-wheel drive multipurpose motor vehicle (of the van-type). The vehicle has a compression-ignition internal combustion piston engine of a cylinder capacity exceeding 1 500 cm3 but not exceeding 2 500 cm3. Its total gross weight is approximately 2 800 kg.
The vehicle has two rows of seats, the first row with two seats (a driver's seat and a `bench seat' to be used by two passengers) and a second row with three seats. There are doors with a window on both sides of the first row of seats and, in respect of the second row of seats, a window on the left side and a sliding door with a window on the right side.
Behind the second row of seats there is a permanent barrier (partition grille) dividing the passenger area from an area for the transport of goods. There are neither safety belts nor fittings for their installation
International Trade Compliance Update | August 2017
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8703 , 8703 32 and 8703 32 19 .
The classification of multipurpose motor vehicles is determined by certain features which indicate whether the vehicles are principally designed for the transport of persons or for the transport of goods (see also the Harmonized System Explanatory Notes to headings 8703 and 8704 and the Explanatory notes to the Combined Nomenclature to heading 8703 ).
Classification under heading 8704 as a vehicle for the transport of goods is excluded as the objective characteristics and the general appearance of the vehicle are those of a vehicle principally designed for the transport of persons (presence of a second row of seats with safety equipment, presence of four windows, presence of a sliding door with a window for the rear passengers, presence of comfort features in the area for
in the area for the transport of goods. There is a back door of a swing-out type but no windows in the area for the transport of goods. The vehicle has comfort features and interior finish and fittings which are associated with the passenger areas of vehicles.
The area for the transport of goods is of a length of approximately 1,9 m and of a load capacity of 4,4 m3.
both front and rear passengers). The presence of a permanent barrier between the area for passengers and the area for the transport of goods cannot be taken as the decisive criterion for excluding classification under heading 8703 as this is a typical feature of many vehicles classified as vehicles for the transport of persons (typically SUV vehicles). See also the Harmonized System classification opinions 8703 32/1 and 8703 32/2 .
The vehicle is therefore to be classified under CN code 8703 32 19 as new motor vehicles principally designed for the transport of persons.
A composite product consisting of the following components:
--a vertical aluminium column approximately 95 cm high, with an axle at the base and a plastic wheel affixed at either end of the axle,
--a foldable, horizontal aluminium board designed for standing on, with a plastic wheel affixed at the far end with a brake mechanism attached to it,
--a suitcase with an outer surface made of moulded plastic material, measuring approximately 55 cm 30 cm 20 cm and fixed to the vertical column by clamps which can be opened.
The product is intended for use by anyone aged 8 or over. Its function as a means of transporting goods can be combined with its function as a scooter or, it can be drawn or pushed along in order to transport the suitcase on the wheels, when the horizontal board is up.
See images of the article
Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 4202 , 4202 12 and 4202 12 50 .
The product is composite goods. Its main function is essentially to transport goods in the suitcase. This can be done either by someone standing on the horizontal board and propelling the product along (with the board folded down) or by someone pushing or pulling it along in the same way as a conventional trolley suitcase on wheels (with the board folded up).
The scooter components (components not being parts of standard trolley bags, that is, the foldable horizontal board with a plastic wheel (with a brake)) are of subordinate character that facilitates the transport of goods contained in the suitcase. It is therefore the suitcase that gives the product its essential character. Classification under heading 8716 as other vehicles, or under heading 9503 as a scooter, is accordingly excluded.
The product is therefore to be classified under CN code 4202 12 50 as a suitcase with an outer surface of moulded plastic material.
Commission Regulation (EC) No 2494/96 (3) classified a `sheet of polyethylene terephthalate of a thickness not exceeding 10 micrometres coated with a thermal ink and put up in rolls of a width of 62 cm' under heading 3215 of the Combined Nomenclature as `Printing ink, writing or drawing ink and other inks,
International Trade Compliance Update | August 2017
Classification of the product under heading 3215 was based on General rule 3(b) for the interpretation of the Combined Nomenclature, but the reasoning does not go into detail as regards the possible headings to be considered when applying General rule 3(b). In particular, the reasons for the exclusion of heading 9612, which covers, apart from inkpads, `typewriter or similar ribbons,
whether or not concentrated or solid'.
Regulation (EC) No 2494/96 concerns the so-called `jumbo rolls' which are not ready-to-use products but actually rolls of a considerable length that cannot be put into a typewriter or similar machine without a further manufacturing process step. That information is missing in the product description in the Annex to Regulation (EC) No 2494/96 and the absence of that information may lead to incorrect tariff classifications of ready-to-use inked ribbons. Inked ribbons which are ready-touse are to be classified under heading 9612.
inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges', are missing.
As the product concerned by Regulation (EC) No 2494/96 is no longer available on the market, that Regulation is no longer deemed necessary. Most inked ribbons now available on the market, even of a considerable width and length, can be used directly when put into a typewriter or similar machine without a further manufacturing process step. Additionally, an explanatory note to CN subheadings 9612 10 10 to 9612 10 80 (`ribbons') will be created to provide guidance concerning the tariff classification of inked ribbons.
As a consequence, Regulation (EC) No 2494/96 should be repealed in order to avoid potential divergences in tariff classification of inked ribbons and to ensure the uniform application of the Combined Nomenclature within the Union.
A product in the form of a fine, white, odourless powder consisting of microspheres (particle size < 10 m) with a density of approximately 2,1-2,5 g/cm3.
The microspheres consist of nepheline or nepheline syenite that has been heated to make the material more ellipse-shaped and to round off the rough edges. As a result of this process, the nepheline or nepheline syenite forms a glassy surface. Nepheline and nepheline syenite are sodium potassium aluminosilicates.
The product is used as an additive for paints, coatings and films in order to reduce volatile organic compound levels, increase filler loadings, improve hardness, and add burnish, scrub and abrasion resistance.
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 2842 and 2842 10 00 .
Classification under heading 2529 is excluded because the glassy surface of the nepheline or nepheline syenite means that its crystalline structure has been modified by the heating process (see Note 1 to Chapter 25 and also the Harmonized System Explanatory Notes (HSEN) to Chapter 25, General, second paragraph).
Classification under heading 2621 is excluded because the product is neither slag nor ash, nor a residue from the incineration of municipal waste.
Classification under heading 3816 is excluded because there is no added binder (see also the HSEN to heading 3816 , first paragraph).
Classification under heading 3824 is excluded because the heading which provides the most specific description is to be preferred to headings providing a more general description.
Classification under heading 6806 is excluded because the product is not an expanded mineral material.
Classification under heading 6815 is excluded because the product is not a finished or semifinished `article of mineral substances' but rather it is an ancillary material used in the manufacture of articles.
Therefore the product is to be classified under CN code 2842 10 00 as double or complex sili-
International Trade Compliance Update | August 2017
A product in the form of fine white wax beads of approximatively 1 mm in diameter, obtained from refined palm oil.
-- hydrogenated hard palm stearin,
-- non-hydrogenated hard palm stearin,
-- an optical brightener (approx. 0,01 % by weight).
Palm stearin obtained from palm oil is subjected to a multi-stage fractionation and the hard stearin (solid fraction) is separated from the soft stearin. Then, a part of the hard stearin is subjected to a hydrogenation process, and mixed with the non-hydrogenated part of the hard stearin and with an optical brightener. Subsequently, the obtained product is subjected to a beading process.
The product is of waxy character and is used as raw material for manufacturing candles.
The dropping point is 59,2 C 0,5 C and the viscosity measured with a rotational viscometer does not exceed 10 Pa.s at a temperature of 10 C above the dropping point.
The product is packed in 25 kg bags.
cates, including aluminosilicates whether or not chemically defined.
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 5, first paragraph, letter (a) to Chapter 34 and the wording of CN codes 3404 and 3404 90 00 .
Classification under heading 1516 is excluded as the product is a mixture of hydrogenated hard stearin and non-hydrogenated hard stearin. The product has been prepared beyond the scope of heading 1516 , and is neither an oil nor a fat. Moreover, the presence of the optical brightener excludes the product from heading 1516 .
Classification under heading 1517 is excluded as the product is not an edible mixture or preparation covered by the scope of heading 1517 .
Classification under heading 1521 is excluded as the product is mainly composed of palm stearin which is a triglyceride.
In accordance with Note 5, first paragraph, letter (a) to Chapter 34, chemically produced organic products of a waxy character, whether or not water-soluble, are covered by heading 3404 . The product also fulfils the criteria of artificial wax (see also the Harmonised System Explanatory Notes to heading 3404 , letter A).
The product is therefore to be classified in CN code 3404 90 00 as other artificial waxes and prepared waxes.
Amendments to the CN Explanatory Notes
The table below shows amendments to the explanatory notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Update.
CN code or page Description of Articles
Add new text to the explanatory note to CN subheadings `9612 10 10 to 9612 10 80 Ribbons'
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
International Trade Compliance Update | August 2017
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.
337TA989 337TA1000 337TA1010 337TA1015 337TA1048 337TA1062
Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same
(Enforcement & Rescission Proceeding) Commission Determination Finding No Violation of the Remedial Orders; Determination Not To Rescind the Remedial Orders; Termination of the Consolidated Enforcement and Rescission Proceeding
Certain Automated Teller Machines, ATM Commission's Final Determination Finding a Violation of Section
Modules, Components Thereof, and Prod- 337; Issuance of a Limited Exclusion Order and Cease and Desist
Orders; Termination of the Investigation
Supplemental Notice of Request for Statements on the Public Interest
ductor Device Packages, and Products
Notice of Request for Statements on the Public Interest
Certain Hand Dryers and Housings for Hand Dryers
Commission Determination To Review In-Part an Initial Determination Granting Complainant's Motion for Summary Determination of Section 337 Violation by the Defaulting Respondents
Certain Intravascular Administration Sets and Components Thereof
Notice of a Commission Determination Not to Review an Initial Determination Finding Respondent Yangzhou Weideli Trade Co., Ltd. in Default; Request for Submissions
Institution of an Investigation based on a complaint filed on behalf of Rio Brands, LLC alleging patent infringement
In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of 337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints:
Complaint filed on behalf of:
Certain X-Ray Breast Imaging Devices and Components Thereof Certain Shielded Electrical Ribbon Cables and Products Containing the Same Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof
Certain Recombinant Factor IX Products
Certain Road Milling Machines and Components Thereof
Hologic, Inc. 3M Company and 3M Innovative Properties Company
Bioverativ Inc.; Bioverativ Therapeutics Inc.; and Bioverativ U.S. LLC Wirtgen America, Inc.
Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.)
International Trade Compliance Update | August 2017
Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value.
United States Department of Commerce, International Trade Administration (ITA)
Certain Frozen Warmwater Shrimp From Thailand
Final Results of ADD Administrative Review; Final Determination of No Shipments; 2015-2016
A570806 Silicon Metal From China
Final Results of the Expedited Fourth Sunset Review of the ADD Order
A570851 Certain Preserved Mushrooms From China
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2015-2016
100- to 150-Seat Large Civil Aircraft From Canada
Postponement of Preliminary Determination in CVD Investigation
C570057 Certain Tool Chests and Cabinets From China Postponement of Preliminary Determination in CVD Investigation
Brass Sheet and Strip From France, Germany, Final Results of the Expedited Fourth Sunset Reviews of the ADD
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From China
Preliminary Results and Preliminary Rescission of New Shipper Review; 2015-2016
Welded ASTM A312 Stainless Steel Pipe From S. Korea
Rescission of ADD Administrative Review; 20152016
Certain Crystalline Silicon Photovoltaic Products From Taiwan
Final Results of ADD Administrative Review; 2014-2016
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation
Final Results of ADD Administrative Review; 2014-2015
Preliminary Rescission of the New Shipper Review and Preliminary Results of the Administrative Review; 2015-2016
Certain Oil Country Tubular Goods From S. Korea
Amended Final Results of ADD Administrative Review; 2014-2015
A570831 Fresh Garlic From China
Initiation of Semiannual ADD New Shipper Review; 2016-2017
Amendment to the Agreement Suspending the CVD Investigation
Amendment to the Agreement Suspending the ADD Investigation
Certain Crystalline Silicon Photovoltaic Products From China
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2014-2016
A201842 Large Residential Washers From Mexico
Final Results of ADD Administrative Review; 2015-2016
A507502 Certain In-Shell (Raw) Pistachios From Iran Continuation of ADD Order
C489830 Steel Concrete Reinforcing Bar From Turkey Amended Final Affirmative CVD Determination and CVD Order
A489829 Steel Concrete Reinforcing Bar From Turkey Amended Final Affirmative ADD Determination for the Republic of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China
Final Results of CVD Administrative Review, and Partial Rescission of CVD Administrative Review; 2014
Certain Oil Country Tubular Goods From Ukraine
Amendment to the Agreement Suspending the ADD investigation
Gray Portland Cement and Cement Clinker From Japan
Certain Hardwood Plywood Products From China
Amended Preliminary Determination of Sales at LTFV
Notice of Second Amended Final Scope Ruling Pursuant to Court Decision
A570831 Fresh Garlic From China
Notice of Court Decision Not in Harmony With Final Rescission
International Trade Compliance Update | August 2017
United States Department of Commerce, International Trade Administration (ITA)
and Notice of Amended Final Results
C469818 Ripe Olives From Spain
Narrow Woven Ribbon With Woven Selvedge From China
Preliminary Results of Administrative Review and Preliminary Partial Rescission of ADD Administrative Review; 2015-2016
Emulsion Styrene-Butadiene Rubber From S. Korea
Final Affirmative Determination of Sales at LTFV, and Final Affirmative Determination of Critical Circumstances, in Part
Emulsion Styrene-Butadiene Rubber From Brazil
Final Affirmative Determination of Sales at LTFV and Final Negative Determination of Critical Circumstances
Emulsion Styrene-Butadiene Rubber From Poland
Final Affirmative Determination of Sales at LTFV
Emulsion Styrene-Butadiene Rubber From Mexico
Final Affirmative Determination of Sales at LTFV
A469817 Ripe Olives From Spain
Fine Denier Polyester Staple Fiber From Vietnam
A580895 Low Melt Polyester Staple Fiber From S. KoA583861 rea and Taiwan
C475819 Certain Pasta from Italy
Preliminary Results of CVD Administrative Review; 2015
A557816 Certain Steel Nails from Malaysia
Final Results of the Changed Circumstances Review
A580894 Certain Tapered Roller Bearings from S. Korea Initiation of LTFV Investigation
Affirmative Final Determination of Circumvention of the AD and CVD Orders and Rescission of Minor Alterations AntiCircumvention Inquiry
A583859 Steel Concrete Reinforcing Bar from Taiwan Final Determination of Sales at LTFV
A553857 Certain Oil Country Tubular Goods from India
Notice of Correction to Amended Final Determination and Amendment of ADD Order
Certain Oil Country Tubular Goods from Taiwan
Notice of Court Decision Not in Harmony With Final Determination of Sales at LTFV, Notice of Amended Final Determination and Revocation of ADD Order
A570898 Chlorinated Isocyanurates From China
Preliminary Results of ADD Administrative Review; 2015-2016
Certain Cut-to-Length Carbon-Quality Steel Plate Products From S. Korea
Rescission of ADD Administrative Review in Part; 20162017
United States International Trade Commission (USITC)
Large Power Transformers From Korea
(Review) Institution of a Five-Year Review
Tapered Roller Bearings From China (Fourth Review) Institution of a Five-Year Review
Certain Lined Paper School Supplies From China and India
(Second Review) Institution of a Five-Year Reviews
Stainless Steel Bar From Brazil, India, Japan, and Spain
(Fourth Review) Institution of a Five-Year Reviews
Low Melt Polyester Staple Fiber (PSF) (Preliminary) Institution of ADD Investigations and Scheduling of
Gray Portland Cement and Cement (Fourth Review) Determination that revocation of the ADD order
would be likely to lead to continuation or recurrence of material
International Trade Compliance Update | August 2017
United States International Trade Commission (USITC)
701TA565 731TA1341 701TA563 731TA13311332 701TA566 731TA1342 731TA313314, 317, 379 701TA583 731TA1381 731TA1373
injury to an industry in the United States within a reasonably foreseeable time.
Tapered Roller Bearings From Korea
(Preliminary) Institution of ADD Investigation and Scheduling of Preliminary Phase Investigation
Steel Concrete Reinforcing Bar from Japan and Turkey
(Final) Determinations that an industry in the United States is materially injured by reason of imports that have been found by the Department of Commerce to be sold in the United States at LTFV, and have been found to be subsidized by the government of Turkey.
(Final) Scheduling of the Final Phase of CVD and ADD Investigations
Finished Carbon Steel Flanges From India and Italy
(Final) Supplemental Schedule for the Subject Investigations
(Final) Scheduling of the Final Phase of CVD and ADD Investigations
Brass Sheet and Strip From France, Germany, Italy, and Japan
(Fourth Review) Scheduling of Expedited Five-Year Reviews
Cast Iron Soil Pipe Fittings From Chi- (Preliminary) Institution of AD and CVD investigations and schedna uling of preliminary phase investigations
Fine Denier Polyester Staple Fiber From Vietnam
Citric Acid and Certain Citrate Salts From Belgium, Colombia, and Thailand
(Preliminary) Determinations that there is a reasonable indication that an industry in the United States is materially injured by reason of imports that are allegedly sold at LTFV and that are allegedly subsidized by the government of Thailand
Crystalline Silicon Photovoltaic Cells Institution and Scheduling of Safeguard Investigation and Deter-
(Whether or Not Partially or Fully As- mination that the Investigation is Extraordinarily Complicated,
(Preliminary) Determinations that there is a reasonable indication Fine Denier Polyester Staple Fiber that an industry in the United States is materially injured by reason From China, India, Korea, and Taiwan of imports that are allegedly sold at LTFV and that are allegedly
subsidized by the governments of China and India
Institution and Scheduling of Safeguard Investigation and Determination that the Investigation is Extraordinarily Complicated, Amendment
Light-Walled Rectangular Pipe and Tube From Taiwan
(Fourth Review) Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time
Canadian International Trade Tribunal (CITT)
Concrete Reinforcing Bar (rebar) originating in or exported from Belarus, Chinese Taipei, the Hong Kong SAR Injury Finding - Corrigendum issued (PRC), Japan, the Portugal and Spain
Dumping: silicon metal containing at least 96.00% but
less than 99.99% silicon by weight, and silicon metal
Notice of Commencement of Inquiry
containing between 89.00% and 96.00% silicon by weight
International Trade Compliance Update | August 2017
Canadian International Trade Tribunal (CITT)
RD-2016-003 PI-2016-004 RR-2017-002 NQ-2012-003R LE-2017-003
that contains aluminum greater than 0.20% by weight, of all forms and sizes, originating in or exported from Brazil, Kazakhstan, Laos, Malaysia, Norway and Thailand. Subsidizing: above-mentioned goods originating in or export-
ed from Brazil, Kazakhstan, Malaysia, Norway and Thailand.
Certain steel fasteners originating in or exported from China and Chinese Taipei
Order after expiry review continuing its order with amendment
Dumping: certain silicon metal originating in or exported from Brazil, Kazakhstan, Laos, Malaysia, Norway and Thailand. Subsidizing: of the same from Brazil, Kazakhstan, Malaysia, Norway and Thailand.
Certain Liquid Dielectric Transformers originating in or exported from Korea
Notice of expiry review and schedule
Carbon steel welded pipe originating in or exported from Chinese Taipei
Initiation of review of finding of "threatening to cause injury" in light of WTO panel report in Canada Anti-Dumping Measures on Imports of Cer-
tain Carbon Steel Welded Pipe from the Sepa-
rate Customs Territory of Taiwan, Penghu, Kin-
men and Matsu (DS482); Schedule
Dumping: carbon steel welded pipe originating in or ex-
ported from Chinese Taipei, India, Oman, S. Korea, Thailand, Turkey and the United Arab Emirates. Subsidizing:
the aforementioned goods originating in or exported from
Notice of Expiry of Finding on December 10, 2017 unless expiry review is initiated
India, Oman and the United Arab Emirates
Canada Border Services Agency (CBSA)
TR 2017 ER AD1396 / 4214-36 CV132 / 4218-34
Certain Liquid Dielectric Transformers originating in or exported from Korea
Notice of Conclusion of Re-investigation
Dumping: certain silicon metal originating in or exported from Brazil, Kazakhstan, Laos, Malaysia, Norway and Thailand. Subsidizing: of the same from Brazil,
Kazakhstan, Malaysia, Norway and Thailand.
Preliminary Determinations re: dumping and subsidizing. Termination of the dumping investigation with respect to the Russian Federation.
Certain Liquid Dielectric Transformers originating in or exported from Korea
Notice of Expiry Review Investigation
Certain carbon steel welded pipe (CSWP) originating in or exported from Chinese Taipei, India, Oman, S. Korea, Thailand and the United Arab Emirates
Notice of Review of Final Determination of Dumping
Certain Circular Welded Non-Alloy Steel Pipe from Mexico
Certain Gypsum Board Originating in or ex-
International Trade Compliance Update | August 2017
Request for Panel Review filed Notice of Consent Motion to Terminate Panel
Mexico - Ministry of Economy
Action Review on behalf of all remaining participants
Hexagonal mesh originating in China, irrespective of the country of export
Resolution declaring the initiation of the examination of the validity of the ADD imposed
Ref. Number (EU) 2017/1171 (EU) 2017/1187 2017/C 214/06 2017/C 214/07 2017/C 216/04 2017/C 216/05 (EU) 2017/1238
Commission Implementing Regulation of imposing a definitive ADD following an expiry review
Certain coated fine paper originating in Commission Implementing Regulation imposing a definitive CVD
Tube and pipe fittings of iron or steel originating in or exported from Korea and Malaysia
Notice of the impending expiry of certain anti-dumping measures on 29.1.2018
Certain seamless pipes and tubes of iron or steel originating in Russia and Ukraine
Notice of initiation of an expiry review of the AD measures
Certain polyethylene terephthalate (PET) originating in India
Notice of initiation of a partial interim review of the CVD measures
Certain polyethylene terephthalate (PET) originating in India
Notice of initiation of a partial interim review of the CVD measures
Corrosion resistant steels originating in Commission Implementing Regulation making imports subject to
Hand pallet trucks and their essential parts originating in China
Commission Implementing Regulation initiating an investigation concerning the possible circumvention of AD measures by imports consigned from Vietnam, whether declared as originating in Vietnam or not, and making such imports subject to registration
Certain rainbow trout originating in Turkey
Notice of initiation of a partial interim review of the CV measures
Aluminium Extrusions From China Hot Rolled Plate Steel From China, Indonesia, Japan and Korea Aluminium Zinc Coated Steel From Korea Zinc Coated (Galvanised) Steel From Korea Aluminium Road Wheels From China Cooling Tower Water Treatment Controllers From the USA Aluminium Extrusions From China
Findings in relation to an Accelerated Review
Findings of an Exemption Inquiry
Findings in relation to a review of AD measures Findings in relation to a review of AD measures Findings in relation to an accelerated review of AD measures Findings in relation to a dumping investigation
Extension of Time Granted to issue the Statement of Essential
International Trade Compliance Update | August 2017
Hollow Structural Sections From China, Taiwan, Korea, and Malaysia
Tomato Products, Prepared or Preserved From Italy
Zinc Coated (Galvanised) Steel From India, Malaysia and Vietnam
Hot Rolled Coil Steel From Japan, Korea, Malaysia and Taiwan
2017/104 Alloy Round Steel Bar From China
2017/105 Aluminium Road Wheels From China 2017/106 Grinding Balls From China
Initiation of a Review of Measures
Initiation of an Accelerated Review
Status Report as at 30 June 2017
Termination of Part of an Investigation
Extension to Statement of Essential Facts
Initiation of an inquiry into the continuation of AD measures Extension of time to publish Statement of Essential Facts and Final Report Initiation of an accelerated review Findings of an exemption inquiry
China Ministry of Commerce (MOFCOM)
36, 2017 Acrylic from Japan, South Korea and Turkey
Nylon 6 cut slices originating in the United States, European Union, Russia and Taiwan
Action Substitution of an exporter/mfr. with separate rate due to mergers Results of interim review of Lanxess Germany and Belgium
Government of India Ministry of Finance (Department of Revenue)
Notification 34/2017-Cus (ADD) 35/2017-Cus (ADD)
extend levy of anti- dumping duty on imports of ' Grinding Media Balls' (excluding Forged Grinding media Balls), originating in, or exported from, Thailand and people's Republic of China imposed vide Notification 36/2012- Customs (ADD) ,dated 16th July, for one year i.e. up to and inclusive of the 15th July, 2018.
Seeks to Impose provisional anti-dumping duty on imports of 'OAcid" originating in exported from China PR
Argentina Ministry of Production Secretary of Commerce
Fixed-edge table knives, forks and spoons, of stainless steel, with wooden or plastic handle, whether or not put up in sets, originating in China and Brazil Straight manual steel saw blades and fast blades of straight bimetallic steel, originating in Sweden
Initiation of investigation for alleged dumping without assessment of provisional ADD
Measure to extend for five years
International Trade Compliance Update | August 2017
Brazil Ministry of Development, Industry and Trade
drawn wire drawn wires with a smooth or notched surface, Low or normal, orig-
imposed for a period of up to five (5) years
High-strength, low strength 3-wire or 7wire low carbon steel strands originating Definitive ADD is imposed for a period of up to five (5) years in China
Clarifies that fresh or chilled garlic, irrespective of any classifications, when originating in China is subject to the ADD imposed by CAMEX Resolution No. 80 of 3 October 2013
n-butanol originating in the United States of America (USA), South Africa and Russia
Closes the public interest assessment, without suspension, but with a change in the calculation method, of the ADD as described in CAMEX Resolution No. 76 of October 05, 2011 (as amended by CAMEX Resolution No. 48 of July 3, 2014) and CAMEX Resolution No. 127 of December 22, 2016.
Pneumatic and outer tires used in bicycles originating in China, Chinese Taipei, India, Indonesia, Malaysia, Sri Lanka, Thailand and Vietnam
Glass fibre-reinforcing materials originating in Egypt
Measures under 2011/6 to remain in effect
Certain pipe fittings originating in Brazil, Bulgaria, China, India, Indonesia and Thailand
Polyester staple fiber and South Korea
Food processor knifes originating in China Communique amending scope description
Granite product from China (and Vietnam)
Procedures for dumping inquiry (the precautionary measure remains in effect until the conclusion of the investigation)
Plywood product originating in China
Opening of inquiry. (It has been decided to place a definite measure against the dumping of the declared and/or originating investigative products of the Bulgarian and Vietnamese origin, in the same period as the precise measure against the existing dumping.
Certain polyester flat yarns originating in China, India and Malaysia
Concrete pumps and pumping vehicles from China and Korea
Finding of dumping and injury; assessment of ADD
Existing dumping counter measures to be completed within the first half of 2018 Notice of expiry review opportunity
Opportunity to Request Administrative Review
In a July 3, 2017 Federal Register notice, the US Department of Commerce announced that it will receive requests to conduct administrative reviews of various
International Trade Compliance Update | August 2017
antidumping (AD) and countervailing duty (CVD) orders and findings with July anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
India: Corrosion-Resistant Steel Products Polyethylene Terephthalate (Pet) Film
Iran: In-Shell Pistachios Italy: Certain Pasta
Corrosion-Resistant Steel Products Japan: Clad Steel Plate
Cold-Rolled Steel Flat Products Polyvinyl Alcohol Stainless Steel Sheet and Strip in Coils Malaysia: Steel Nails Welded Stainless Steel Pressure Pipe Oman: Steel Nails Rep. of Korea: Corrosion-Resistant Steel Products Stainless Steel Sheet and Strip in Coils Steel Nails SR of Vietnam: Steel Nails Welded Stainless Pressure Pipe Taiwan: Corrosion-Resistant Steel Products Polyethylene Terephthalate (Pet) Film Stainless Steel Sheet and Strip in Coils Steel Nails Thailand: Carbon Steel Butt-Weld Pipe Fittings Weld Stainless Steel Pressure Pipe The PR of China: Certain Potassium Phosphate Salts Carbon Steel Butt-Weld Pipe Fittings Certain Steel Grating Circular Welded Carbon Quality Steel Pipe Cold-Rolled Steel Flat Products Corrosion-Resistant Steel Products Persulfates Xanthan Gum Turkey: Certain Pasta
A533863 A533824 A507502 A475818 A475832 A588838 A588873 A588861 A588845 A557816 A557815 A523808 A580878 A580834 A580874 A552818 A522816 A583856 A583837 A583831 A583854 A549807 A549830 A570962 A570814 A570947 A570910 A570029 A570026 A570847 A570985 A489805
India: Corrosion-Resistant Steel Products Polyethylene Terephthalate (Pet) Film Certain Pasta Corrosion-Resistant Steel Products
Rep. of Korea: Corrosion-Resistant Steel Products SR of Vietnam: Steel Nails PR of China: Certain Potassium Phosphate Salts
Circular Welded Carbon Quality Steel Pipe Cold-Rolled Steel Flat Products Corrosion-Resistant Steel Products Prestressed Concrete Steel Wire Strand Steel Grating Turkey: Certain Pasta
C533864 C533825 C475819 C475833 C580879 C552819 C570963 C570911 C570030 C570027 C570946 C570948 C489806
Ukraine: Oil Country Tubular Goods
In an August 1, 2017 Federal Register notice, the US Department of Commerce
announced that it will receive requests to conduct administrative reviews of vari-
ous antidumping (AD) and countervailing duty (CVD) orders and findings with
International Trade Compliance Update | August 2017
AD/CVD Proceedings - Country/ Merchandise
Germany: Seamless Line and Pressure Pipe
Japan: Brass Sheet & Strip
Malaysia: Polyethylene Retail Carrier Bags
Mexico: Light-Walled Rectangular Pipe and Tube
Rep. of Korea: Large Power Transformers
Light-Walled Rectangular Pipe and Tube
Romania: Certain Small Diameter Carbon and Alloy
Seamless Standard, Line, And Pressure Pipe
Thailand: Polyethylene Retail Carrier Bags
The PR of China: Laminated Woven Sacks
Floor-Standing, Metal-Top Ironing Tables and Parts
Hydrofluorocarbon Blends and Components Thereof A570028
Light-Walled Rectangular Pipe and Tube
Passenger Vehicle and Light Truck Tires
Tow-Behind Lawn Groomers and Parts Thereof
Rep. of Korea: Stainless Steel Sheet and Strip In Coils C580835
The PP of China: Laminated Woven Sacks
Light-Walled Rectangular Pipe and Tube
Passenger Vehicle and Light Truck Tires
In a July 6, 2017 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise
Canada: Citric Acid and Certain Citrate Salts
S. Korea: Polyester Staple Fiber
Taiwan: Certain Stilbenic Optical Brigtening Agents
Certain Circular Welded Carbon Steel Pipes
International Trade Compliance Update | August 2017
AD/CVD Proceedings - Country/ Merchandise
PR of China: Aluminum Extrusions Pure Magnesium
Oman: Polyethylene Terephthalate Resin Turkey: Circular Welded Carbon Steel Pipes and Tubes
Light-Walled Rectangular Pipe and Tube United Arab Emirates: Certain Steel Nails
A-570-967 A-570-832 A-523-810 A-489-501 A-489-815 A-520-804
PR of China: Aluminum Extrusions
5/1/16 - 4/30/17 5/1/16 - 4/30/17 10/15/15 - 4/30/17 5/1/16 - 4/30/17 5/1/16 - 4/30/17 5/1/16 - 4/30/17
Advance Notification of Sunset Reviews
In a July 3, 2017, Federal Register notice, the US Department of Commerce advised that the following case was scheduled for a five-year ("Sunset") review for August 2017.
AD/CVD Proceedings - Merchandise/Country Seamless Line and Pressure Pipe from Germany
Case No. A428820 (4th Review)
In a July 3, 2017, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year ("Sunset") review of the antidumping and countervailing duty orders listed below.
A351825 A570901 A570601 A533843 C533844 A533810 A588833 A469805 A580867
731TA678 731TA1095 731TA344 731TA1096 701TA442 731TA679 731TA681 731TA682 731TA1189
Brazil China China India India India Japan Spain S. Korea
Merchandise Stainless Steel Bar (4th Review) Lined Paper Products (2nd Review) Tapered Roller Bearings (4th Review). Lined Paper Products (2nd Review) Lined Paper Products (2nd Review) Stainless Steel Bar (4th Review) Stainless Steel Bar (4th Review) Stainless Steel Bar (4th Review) Large Power Transformers (4th Review)
International Trade Compliance Update | August 2017
Mattias Hedwall Global Chair International Commercial & Trade
International Commercial & Trade Leadership Team
IC&T Focus Groups
Product Liability / Anticorruption / Compliance Liaison
Nick Coward & Janet Kim Washington DC
Miguel Noyola Chicago/Washington DC
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