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International Trade Compliance Update
(Covering Customs and Other Import Requirements, Export Controls and Sanc-
tions, Trade Remedies, WTO and Anti-Corruption)
Newsletter | November 2019
Please see our Webinars, Meetings, Seminars section for contact and regis- tration information for the remaining webinars in our 16th an nual Global Trade
and Supply Chain Webinar Series entitled, “2019: What's Up in
International Trade? Keeping up to Speed on Evolving Chal lenges,” as
well as links to past webinars.
In addition, there are links to the video recordings, PowerPoints and handout materials for the 2018 Year-End Import/Export Review in Santa Clara as well as Presentation Materials from the Asia Pacific International Commer- cial and Trade Client Conference (Tokyo November 2018).
To keep abreast of international trade-related news, visit our blogs:
For International Trade Compliance Updates, please regularly visit https://www.internationaltradecomplianceupdate.com/.
For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly.
For resources and news regarding international trade, particularly in Asia, please visit our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/.
To see how BREXIT (the UK exiting the EU) may affect your business, visit https://brexit.bakermckenzie.com/.
For additional compliance news and comment from around the world, please visit
https://globalcompliancenews.com/.
Note: Unless otherwise indicated, all information in this Update is taken from official ga-zettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source usually may be obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered.
In This Issue:
World Trade Organization (WTO)
World Customs Organization (WCO)
Other International Matters
North America
Asia-Pacific
Europe, Middle East and North Africa
Africa (except North Africa)
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
CBSA Advance Rulings
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifi-cations
European Classification Regulations
Amendments to the CN Explanatory Notes
Section 337 Actions
Antidumping, Countervailing Duty and Safeguard Investigations, Or-ders & Reviews
Ed-itor
Inter-na-tional
Trade
Compliance Update
Editor, International Trade Com-pliance Update
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 [email protected]
This may qualify as “Attorney Advertis-ing” requiring notice in some jurisdic-tions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowl-edgements on the last page
Please see copyright and acknowl-edgements on the last page
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World Trade Organization (WTO)
Trade Policy Review: Peru
The fifth review of the trade policies and practices of Peru took place on 22 and
24 October 2019. The basis for the review was a report by the WTO Secretariat
and a report by the Government of Peru.
China submits revised offer for joining Government Procurement Agreement
On 23 October 2019, the WTO announced that at an informal meeting of the
WTO’s Government Procurement Agreement (GPA) Committee, China intro-
duced to the parties to the GPA its sixth revised market access offer in the con-
text of its negotiations to join the GPA. The revised offer was circulated to GPA
parties on 21 October. Chairman Carlos Vanderloo of Canada called this “a very
significant development” and the parties also welcomed China’s revised offer
while saying they needed more time to review it. The announcement said:
The GPA is a plurilateral agreement — potentially open to all WTO members but binding only the parties to the Agreement. Each applicant's terms of participation are negotiated with GPA parties and set out in its respective schedule, which contains several annexes defining the party’s commitments with respect to:
1. the procuring entities whose procurement processes will be open to foreign bidders
2. the goods, services and construction services open to foreign competition
3. the threshold values above which procurement activities will be open to for-eign competition
4. exceptions to the coverage.
A senior capital-based delegation from China detailed its sixth revised market access offer. China told the Committee that its revised market offer is improved and ambi-tious and responds to comments received on its prior revised offer from 2014.
China identified the following improvements, among other things: the revised offer co-vers additional government entities and their subordinated entities, both at the central and provincial levels. It also covers additional state-owned enterprises operating in the areas of railways, highways, ports, airports, urban transportation, water supply, etc. China has further included additional services sectors and all construction ser-vices are now covered by the offer.
China also proposed that after a transition period, it would apply standard GPA threshold values for the proposed goods and services covered. China reiterated its commitment to joining the GPA as soon as possible and its support for the multilateral trading system. China applied for accession to the GPA in 2007.
Currently, 48 WTO members (including the EU and its 28 member states) are bound by the Agreement. Australia is the latest member to have acceded to the Agreement earlier in 2019. The GPA aims to open up, in a reciprocal manner and to the extent agreed between WTO members, government procurement markets to foreign compe-tition, and make government procurement more transparent. It provides legal guaran-tees of non-discrimination for the products, services and suppliers of GPA parties in covered procurement activities, which are currently worth an estimated US$ 1.7 tril-lion annually.
Also under discussion at the meeting were other ongoing negotiations on accession to the GPA, including those by North Macedonia, the Kyrgyz Republic, Tajikistan and the Russian Federation. The GPA parties reiterated their interest in seeing these countries' accession processes move forward. The Chairman encouraged the acced-ing members to submit revised market access offers as soon as possible and also en-couraged GPA parties to engage with the acceding countries.
The International Trade Compliance
Update is a publication of the
Global International Commercial
and Trade Practice Group of Baker
McKenzie. Articles and comments
are intended to provide our readers
with information on recent legal de-
velopments and issues of signifi-
cance or interest. They should not
be regarded or relied upon as legal
advice or opinion. Baker McKenzie
advises on all aspects of Interna-
tional Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar
and dates--
In keeping with the global nature
of Baker McKenzie, the original
spelling, grammar and date format-
ting of non-USA English language
material has been preserved from
the original source whether or not
the material appears in quotes.
Translations of most non-English
language documents are unofficial
and are performed via an auto-
mated program and are for infor-
mation purposes only. Depending
on the language, readers with the
Chrome browser should be able to
automatically get a rough to excel-
lent English translation.
Credits:
Unless otherwise indicated, all in-formation is taken from official inter-national organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
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New rules of origin initiative to help firms better utilize trade prefer-ences
On 17 October 2019, the World Trade Organization announced that it is partner-
ing with the International Trade Centre (ITC) and World Customs Organization
(WCO) in an initiative which will enable firms to take fuller advantages of benefits
under free trade agreements and preferential trade arrangements by helping
them comply with product rules of origin requirements. The announcement said
in part:
Presented to WTO members at a 17 October meeting of the Committee on Rules of Origin, the Rules of Origin Facilitator provides firms with free access to a unique searchable database on duty savings in trade agreements, and the corresponding rules of origin. Users can search the tool by product name or product code, and ac-cess original documentation, including certificates of origin.
Availability of this information will help reduce transaction costs and make it easier for firms to claim reduced or zero duty rates under free trade agreements and preferen-tial trade arrangements. The information will be of particular benefit to small and me-dium-size firms by allowing them to access the information through an easy-to-navi-gate system.
***
The Rules of Origin Facilitator is the most comprehensive tool of its kind available, covering product-specific rules of origin as well as provisions on origin certification in more than 300 agreements and applied by more than 190 countries. The goal is to expand coverage to include not only all preferential schemes currently in force world-wide, but also to cover non-preferential rules of origin requirements.
Accessing information on rules of origin in trade agreements has been a struggle for firms, particularly smaller ones. According to an ITC business survey covering 60 countries, rules of origin were identified as the most common source of trade con-straints by micro, small and medium-size enterprises (MSMEs).
The Rules of Origin Facilitator has benefitted from WTO notifications regarding prefer-ence-granting members. Twenty-two WTO members with tariff preferences for LDCs have notified their programmes to the WTO. The detailed origin requirements and notifications can be found in the WTO's Preferential Trade Arrangements Database.
Better utilization of tariff preferences by LDCs has been a focus of work within the Committee. WTO members continued to review the use and application of preferen-tial rules of origin programmes in line with the Nairobi Decision on Preferential Rules of Origin for LDCs. The Decision calls on developed country members, and develop-ing country members in a position to do so, to ensure that preferential rules of origin applicable to imports from LDCs are transparent and simple, and contribute to facili-tating market access.
WTO gives the US a green light to impose countermeasures
On 14 October 2019, the WTO announced that members agreed at a meeting of
the Dispute Settlement Body (DSB) to authorize the United States to impose
countermeasures on European Union goods and services trade with the US up to
a value of USD 7,496.623 million annually. The authorization was granted in line
with a WTO arbitrator decision issued on 2 October [see below]. The announce-
ment said:
The authorization was granted as a result of the WTO's rulings in DS316 which found that the European Union and certain EU member states failed to remove subsidies for the European aircraft manufacturer Airbus which had caused harm to Airbus's US ri-val Boeing in the form of lost and impeded sales of Boeing aircraft.
The United States told the DSB that the level determined by the arbitrator is the larg-est amount ever awarded by a WTO arbitrator and documents the US point that the EU’s subsidies to Airbus have for decades caused massive harm to the US economy.
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Nevertheless, it is the US preference to find a negotiated outcome with the EU that ends all WTO-inconsistent subsidies, an objective it has had from the outset, the United States said. But that can only happen if the EU genuinely terminates the bene-fits to Airbus from current subsidies and ensures that subsidies to Airbus cannot be revived under another name or another mechanism.
The United States said that for 15 years the US has indicated its desire for such an agreement but that the EU had consistently failed to engage in serious discussions. The US added that it hoped the countermeasures will encourage the EU to agree to a genuine cessation of its WTO-inconsistent subsidies and the adverse effects that flow from them.
The European Union said that the arbitrator's decision raises serious concerns. First, there is no analysis in the report of the amount of benefit or the alleged price effects; the alleged volume effects are largely based on the assumption that Airbus or its products should not exist. Second, awarding recurring annual countermeasures for an indefinite period in response to non-recurring measures, the benefit and adverse effects of which are constantly diminishing, is a breach of the rule that countermeas-ures must be commensurate with the degree and nature of adverse effects.
Third, the EU said, the award disregards the risk of over-counting resulting from cu-mulating nullification or impairment from both orders and deliveries at the same time. Fourth, the award contains a finding that the hypothetical impedance associated with six country markets where impedance was found coincides with the total number of aircraft [47] that Airbus sold in those markets, without any US effort to substantiate that assertion. And fifth, the award systematically avoids taking into account the treaty terms that support the view that the volume effects of competing subsidies cancel each other out.
The EU noted that in DS353 the EU has already obtained findings that the US is out of compliance with respect to both Washington State tax subsidies and FSC tax breaks, and is currently pursuing its own arbitration proceedings in the dispute. It ex-pects the same principles applied by the arbitrator in DS316 will be applied in that case. The EU warned that applying countermeasures now would be short-sighted; both the EU and the US have been found at fault by the WTO dispute settlement sys-tem, and the mutual imposition of countermeasures would only harm global trade and the broader aviation industry.
Canada also intervened, saying it was sympathetic to the EU concerns about the need for arbitrators to take account of the current situation with regards to compliance efforts but that it also understood the need for arbitration and compliance proceedings to be separate and the need to avoid an endless loop of litigation. Canada called on the US to show restraint, declaring that the health of an increasingly integrated air-craft industry, the WTO's dispute settlement system and the global economy de-pended on it.
Arbitrator rules US is entitled to countermeasures worth $7.5 billion annually from EU for Airbus subsidies
On 2 October 2019, the WTO announced that a WTO arbitrator issued its deci-
sion on the level of countermeasures the United States may request with respect
to the European Union and certain EU member states in “European Communities
and Certain member States — Measures Affecting Trade in Large Civil Aircraft”
(DS316).
The Arbitrator ruled that the US United States may request authorization from the
DSB to take countermeasures with respect to the European Union and certain
member States, as indicated in document WT/DS316/18, at a level not exceed-
ing, in total, USD 7,496,623,000 annually. These countermeasures may take the
form of (a) suspension of tariff concessions and related obligations under the
GATT 1994, and/or (b) suspension of horizontal or sectoral commitments and ob-
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ligations contained in the United States' services schedule with regard to all ser-
vices defined in the Services Sectoral Classification List, except for financial ser-
vices.
Please see our full Client Alert: WTO Authorizes US Tariffs in Boeing/Airbus Arbi-
tration Decision by Kevin O’Brien, Rod Hunter, Christine Streatfeild and Ross
Denton for background, potential US measures and implications for the WTO
System and US-EU.
The European Union issued a statement on 2 October which states:
“The European Union takes note of the decision of the World Trade Organization's (WTO) arbitration panel in the Airbus case, and the level of possible countermeas-ures.
We remain of the view that even if the United States obtains authorisation from the WTO Dispute Settlement Body, opting for applying countermeasures now would be short-sighted and counterproductive.
Both the EU and the U.S. have been found at fault by the WTO dispute settlement system for continuing to provide certain unlawful subsidies to their aircraft manufac-turers.
In the parallel Boeing case, the EU will in some months equally be granted rights to impose countermeasures against the U.S. as a result of its continued failure to com-ply with WTO rules. A preliminary list of U.S. products to be considered for counter-measures was published last April.
The mutual imposition of countermeasures, however, would only inflict damage on businesses and citizens on both sides of the Atlantic, and harm global trade and the broader aviation industry at a sensitive time.
The European Commission has consistently communicated to the United States that the European Union is ready to work with them on a fair and balanced solution for our respective aircraft industries.
The aircraft sector is amongst the most complex industries in the world, from the de-velopment, production and financing point of view. The specificity of the sector calls for comprehensive subsidy disciplines so that all players compete on an equal foot-ing.
The EU has, as recently as this July, shared concrete proposals with the U.S. for a new regime on aircraft subsidies, and a way forward on existing compliance obliga-tions on both sides. So far the U.S. has not reacted.
Our readiness to find a fair settlement remains unchanged. But if the U.S. decides to impose WTO authorised countermeasures, it will be pushing the EU into a situation where we will have no other option than do the same.”
DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB) or
parties to a dispute took the following actions or reported the following activities.
Requests for a panel are not listed (click on “DS” number to go to summaries of
the case, click on “Activity” to go to the latest news or documents):
DS No. Case Name Activity Date
DS 316
European Communities and Certain Member States — Measures Affecting Trade in Large Civil Aircraft (Complain-ant: US)
Arbitrator rules on level of countermeasures US may impose
02-10-19
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DS No. Case Name Activity Date
DS 585 India — Additional Duties on Certain Products from the United States(Com-plainant: US)
Panel established
28-10-19
DS 578 Morocco — Definitive Anti-Dumping Measures on School Exercise Books from Tunisia (Complainant: Tunisia)
Panel established
DS 437 United States — Countervailing Duty Measures on Certain Products from China (Complainant: China)
Referred for arbitration
DS 493 Ukraine — Anti-Dumping Measures on Ammonium Nitrate (Complainant: Russia)
Ukraine requested rea-sonable time to comply
DS 504 Korea — Anti-Dumping Duties on Pneu-matic Valves from Japan (Complainant: Japan)
The two sides ex-changed views on what was needed to ensure compliance
DS 234 United States — Continued Dumping and Subsidy Offset Act of 2000
EU said US should cease transferring funds; US said in com-pliance
DS 316
European Communities and Certain Member States — Measures affecting Trade in Large Civil Aircraft: Implementa-tions of the recommendations adopted by the DSB
US said EU failed to provide status report
DS 541 India — Export Related Measures (Com-plainant: US)
Panel report circulated 31-10-19
TBT Notifications
Member countries of the WTO are required under the Agreement on Technical
Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical
regulations that could affect trade with other Member countries. The WTO Secre-
tariat distributes this information in the form of “notifications” to all Member coun-
tries. See separate section on WTO TBT Notifications for a table which summa-
rizes notifications posted by the WTO during the past month.
World Customs Organization (WCO)
Announcements and news releases [dd-mm-yy]
Date Title
08-10-19 WCO Regional Customs Laboratory Professionals Programme kick-started
10-10-19
Global Trade Facilitation Programme kicks off in Bolivia
Global Trade Facilitation Programme: WCO and Colombia Customs agree ca-pacity building support for upcoming years
11-10-19
WCO contributes to the 13th ASEM Customs Directors-General and Commis-sioners Meeting
Another step towards developing “Pool of Trainers on PCA” in East Africa
Successful conclusion of the 1st WCO Global Communication Strategies Con-ference in Brussels
14-10-19 Antigua and Barbuda commits to implement an AEO programme
Fourth Workshop aiming at training COPES Expert Trainers
15-10-19
The Heads of Regional Training Centres in Asia/Pacific gathered to discuss the way to further contribute to the region
Guatemala prepares grounds to release its first TRS report
16-10-19 WCO Mercator Programme diagnostic mission for the Botswana Unified Reve-nue Service
17-10-19 WCO supports the UAE in its modernization process
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Date Title
18-10-19
Kenya moves further to enhance its risk management
New development strategy for the Inter-State School of Customs (ISSC) of the Economic and Monetary Community of Central Africa (EMCCA)
21-10-19
22nd RILO Western Europe National Contact Points Meeting
WCO Secretary General visits fragile borders between Niger and Burkina Faso
Successful dialogue between West and Central Africa Customs and develop-ment partners
22-10-19 18th Meeting of the RILO National Contact Points for the Commonwealth of In-dependent States
24-10-19
Latest edition of WCO News now available
PSCG meets ahead of the SAFE Working Group
Planning PGS operations in Asia/Pacific
25-10-19
6th Meeting of the WGRKC: Continued Progress on the Comprehensive Review of the RKC
Important Step made in Southern Africa towards the development of “Pool of Trainers on Customs Valuation”
Successful completion of WCO PICARD Conference in Skopje, North Macedo-nia
28-10-19 Customs’ role in preventing illegal trafficking of cultural heritage stressed at in-ternational conference in Cyprus
29-10-19
WCO diagnostic mission to the Customs Administration of Suriname
Cooperation between the WCO and OIE highlighted at the opening of the PTC Sessions
WCO supports Guyana Revenue Authority to enhance its capacities in Post-Clearance Audit
30-10-19 WCO addresses the XXI FITAC International Congress
Other International Matters
CITES Notification to Parties
The Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) has issued the following notifications to the parties:
Date Title
03-10-19
2019/052 Amendments to Appendices I and II of the Convention adopted by the Conference of the Parties at its 18th meeting (Geneva, 17-28 August 2019) (re-published on 07/10/2019 and 11/10/2019)
2019/053 Singapore – Changes to Singapore CITES permits and certificates
07-10-19 2019/054 Summary records of the 71st and 72nd meetings of the Standing Committee
17-10-19 2019/055 New Appendices that will enter into effect on 26 November 2019
25-10-19 2019/056 CITES Committee Meetings in 2020 – Save the dates
29-10-19
2019/057 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes
2019/058 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes
2019/059 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes
2019/060 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes
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FAS GAIN Reports
Below is a partial list of Global Agriculture Information Network (GAIN) reports
that were recently issued by the US Foreign Agriculture Service (FAS) in the
Food and Agricultural Import Regulations and Standards (FAIRS) and Exporter
Guide series as well as other reports related to import or export requirements.
These provide valuable information on regulatory standards, import require-
ments, export guides, and MRL (maximum residue limits). Information about,
and access to, other GAIN reports may be found at the FAS GAIN reports web-
site.
Member GAIN Report
Jamaica Exporter Guide
Japan Labeling Guidance for Genome Edited Food Products
Japan Japan Invites Comments for Feed Safety Guidelines on the Handling of Ge-nome-edited Feeds and Feed Additives - Revised
Japan Japan 227th Food Safety Group
Japan Japan Modifies Handling Procedures for Genome Edited Foods
The Americas - North America
CANADA
CBSA advance rulings
The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling
(Tariff Classification and Origin) and National Customs Ruling programs by pub-
lishing ruling letters in their entirety, with the applicant's consent, on the CBSA
Web site.
See separate section below for the advance rulings posted by the CBSA.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Cus-
toms Notices (CNs) and other government publications issued, revised or can-
celled during the past month. (Dates are given in yyyy/mm/dd format.)
Date Reference Title
10-01-19 Message
to Industry Simplification of documents and information related to TRQ ad-ministration for supply-managed products [Global Affairs]
10-11-19
General Information on the Administration of Import Tariff Rate Quotas (TRQs) for Supply Managed Products [Global Affairs]
Key Dates & Access Quantities 2019 – 2020 - Tariff Rate Quotas – Supply Managed Goods [Global Affairs]
10-23-19 CN 19-21 Decommissioning of the legacy release service options other gov-ernment department pre-arrival system 463 and other govern-ment department release on minimum documentation
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
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MEXICO
Ministries of Economy and Health publish draft amendment to the Mexican Official Standard governing the labeling of food and non-alcoholic beverages
On October 11, 2019, the Mexican Government published in the Federal Official
Gazette a Draft Amendment to Mexican Official Standard NOM-051-SCFI/SSA1-
2010, General labeling specifications for pre-packaged food and non-alcoholic
beverages - Sanitary and commercial information, published on April 5,
2010. The full text in Spanish of the publication can be found in the following link.
This draft implements the new provisions referred to in the draft amendment to
the General Health Law that was recently approved in the House of Representa-
tives (Camara de Diputados) and was sent to the Senate (Cámara de Sena-
dores) for its analysis.
Among other provisions, the draft amendments to NOM-051 include changes to
several definitions, the inclusion of warning legends and alerts in case that the
levels of certain products are exceeded, prohibition of use of certain legends and
the inclusion of a front labeling that must include certain supplementary and
warning information related to the content of certain ingredients that may repre-
sent a health risk.
If both draft amendments are approved, they will represent a major change to the
labeling requirements of pre-packaged food and beverages in Mexico.
As part of the process for the issuance of Mexican Official Standards, and as a
result of the publication of the draft amendment to NOM-051, the interested par-
ties have a 60-day (calendar days) period to file comments related to this publi-
cation.
In Baker McKenzie we have a team of specialists that may assist you with any
question related to the publication of this draft, with the filing of comments and
with the design and implementation of strategies to navigate through these
changes.
If you have any questions, please contact one of the authors: Adriana Ibarra Fer-
nández, José Hoyos Robles or Christian López Silva.
Diario Oficial
The following documents of interest to international traders were published in the
Diario Oficial de la Federacion: Note: With regard to standards, only those which
appear to apply to international trade are listed. (An unofficial English translation
is shown.)
Publication Date
Title
10-03-19 HACIENDA: First Resolution of Modifications to the General Rules of Foreign Trade for 2019 and its Annex 1-A.
10-07-19 HACIENDA: Annexes 1, 6, 22, 27 and 31 of the First Resolution of Modifications to the General Rules of Foreign Trade for 2019, published on October 3, 2019.
10-11-19
ECONOMY: Draft Modification to the Official Mexican Standard NOM-051-SCFI / SSA1-2010, General labeling specifications for pre-packaged food and non-alcoholic beverages-Commercial and health information, published on April 5, 2010.
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Publication Date
Title
10-15-19 Decree amending the Tariff of the Law of General Import and Export Taxes.
10-17-19 ECONOMY: Notice by which the maximum quota amount is disclosed as of Sep-tember 2019, to export sugar to the United States of America during the period between October 1, 2019 and September 30 , 2020
10-31-19
ECONOMY: Acuerdo announcing Decision No. 1/2019 of the Administrative Commission of the Free Trade Agreement between the United Mexican States and the Oriental Republic of Uruguay, adopted on September 3 , 2019
ECONOMY: Acuerdo announcing Decision No. 2/2019 of the Administrative Commission of the Free Trade Agreement between the United Mexican States and the Oriental Republic of Uruguay, adopted on September 3 , 2019.
No antidumping or countervailing duty cases this month.
UNITED STATES
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL RULE OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE OR ORDER, TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS;H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD;W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT
LISTED.]
Presidential documents
During the past month, President Trump signed the following documents that re- late to international trade or travel, regulatory reform, national security, law en- forcement or related activities:
Date Subject
10-09-19 Proclamation 9945 of October 4, 2019 - Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans
10-14-19
Executive Order 13892 of October 9, 2019 - Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication
Executive Order 13891 of October 9, 2019 - Promoting the Rule of Law Through Improved Agency Guidance Documents
10-17-19
Executive Order 13894 of October 14, 2019 - Blocking Property and Suspend-ing Entry of Certain Persons Contributing to the Situation in Syria
Notice of October 15, 2019 Continuation of the National Emergency With Re-spect to Significant Narcotics Traffickers Centered in Colombia
10-23-19 Notice of October 22, 2019 - Continuation of the National Emergency With Re-spect to the Democratic Republic of the Congo
10-31-19 Proclamation 9955 of October 25, 2019 To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes
President proclaims HTS changes for GSP and more
On October 31, 2019, the Federal Register published Presidential Proclamation
9955 of October 25, 2019 To Modify Duty-Free Treatment Under the Generalized
System of Preferences and for Other Purposes. The Proclamation:
terminates the suspension of Ukraine from the Generalized System of Prefer-ences (GSP) program, effective 5 days after the date of the proclamation, and
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modifies general note 4(d) and pertinent subheadings of the HTS as set forth in Annex 1 to the proclamation;
suspends the duty-free treatment accorded under the GSP to certain eligible arti-cles that are the product of Thailand, effective 6 months after the date of the proclamation and modifies general note 4(d) and pertinent subheadings of the HTS as set forth in Annex 2;
terminates the duty-free treatment for certain articles from GSP beneficiary de-veloping countries that were exported in quantities exceeding the applicable competitive need limitations and modifies the Rates of Duty 1–Special subcol-umn for the corresponding HTS subheadings and general note 4(d) to the HTS as set forth in section A and B of Annex 3 and Annex 7 to the proclamation;
redesignates certain articles as eligible articles for purposes of the GSP, the Rates of Duty 1–Special subcolumn for the corresponding HTS subheadings and general note 4(d) to the HTS are modified as set forth in sections C, D, E, and F of Annex 3 and sections A and B of Annex 6 to the proclamation;
waives the competitive need limitation with respect to the eligible articles in the HTS subheadings and to the beneficiary developing countries set forth in Annex 4 to the proclamation;
waives competitive need limitations with respect to an article from a certain bene-ficiary developing country set forth in Annex 5 to this proclamation;
determines that Mali satisfies the criterion for treatment as a “lesser developed beneficiary sub-Saharan African country” under AGOA and modifies note 2(d) to subchapter XIX of chapter 98 of the HTS inserting in alphabetical sequence in the list of lesser developed beneficiary sub-Saharan African countries “Republic of Mali” with effect on the 30th day after publication;
modifies general note 4(a) and Chapter 99, Subchapter III, U.S. notes 17(b)(2) and 18(b), to the HTS to reflect a change in the short-form name of “Macedonia” to “North Macedonia” as set forth in Annex 7;
The modifications to the HTS set forth in Annex 3, Annex 6, and Annex 7 of the
proclamation shall be effective with respect to articles entered for consumption,
or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern
daylight time on November 1, 2019.
US Customs and Border Protection has issued guidance on this subject: CSMS
#40451413- GUIDANCE: Presidential Proclamation Modifying Duty-Free Treat-
ment under The Generalized System of Preferences (GSP) and for Other Pur-
poses for Ukraine and for Thailand and Modifying Preferential Treatment under
The African Growth And Opportunity Act (AGOA) for Republic Of Mali.
President announces sanctions, increased tariffs and hold on trade negotiations due to Turkey’s actions in Syria
On October 14, 2019, President Trump released a statement that said that he
would be “issuing an Executive Order authorizing the imposition of sanctions
against current and former officials of the Government of Turkey and any per-
sons contributing to Turkey’s destabilizing actions in northeast Syria.” He also
said the steel tariffs will be increased back up to 50 percent, the level prior to re-
duction to 25% in May. The United States will also immediately stop negotia-
tions, being led by the Department of Commerce, with respect to a $100 billion
trade deal with Turkey. The statement also said:
This Order will enable the United States to impose powerful additional sanctions on those who may be involved in serious human rights abuses, obstructing a ceasefire, preventing displaced persons from returning home, forcibly repatriating refugees, or threatening the peace, security, or stability in Syria. The Order will authorize a broad
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range of consequences, including financial sanctions, the blocking of property, and barring entry into the United States.
Later, he signed an Executive Order on Blocking Property and Suspending Entry
of Certain Persons Contributing to the Situation in Syria. [See articles in the
Sanctions section below]
US, China reach interim arrangement in principle
On October 11, 2019, President Trump met with Chinese Vice Premier Liu He at
the White House and announced the United States and China had come to “a
very substantial phase one deal” that will probably take three to five weeks to put
into writing. According to the President, the interim agreement includes intellec-
tual property, financial services and an agricultural deal involving the purchase of
$40 to $50 billion worth of agricultural products annually [compared to $8 billion
now, but never higher than $16 billion, according to the President]. The US Trade
Representative indicated that the deal corrected some sanitary and phytosanitary
(SPS) and biotechnology issues, making agricultural sales easier. Treasury Sec-
retary Mnuchin stated that “almost complete” agreement had also been reached
on currency and opening up financial markets. There will also be some technol-
ogy transfer agreement, although most technology transfer language will be in a
phase two agreement. It was confirmed that while the agreement is being put in
writing, while we go through a process of documenting this, the United States will
not be implementing the increase of tariffs from 25 to 30 percent that were
scheduled to go in place on October 15, 2019. The two countries also announced
they had to have a workable dispute settlement mechanism. The President men-
tioned that he and President Xi of China would both be at the APEC summit in
Chile and it the agreement is ready, might be signed there. However in late Octo-
ber, the Washington Post reported that Chile was canceling the APEC meeting
because of weeks of domestic unrest.
Trade preference program eligibility for Cameroon terminated
On October 31, 2019, the US Trade Representative announced that President
Trump notified Congress and the Government of Cameroon of his intent to termi-
nate the eligibility of Cameroon for trade preference benefits under the African
Growth and Opportunity Act (AGOA), as of January 1, 2020, due to persistent
gross violations of internationally recognized human rights.
Based on the results of the required annual AGOA eligibility review, the President
determined that Cameroon engages in gross violations of internationally recog-
nized human rights. Consequently, Cameroon is out of compliance with eligibility
requirements of AGOA. Specifically, Cameroon has failed to address concerns
regarding persistent human rights violations being committed by Cameroonian
security forces. These violations include extrajudicial killings, arbitrary and unlaw-
ful detention, and torture.
The United States will continue to monitor whether Cameroon continues to en-
gage in gross violations of internationally recognized human rights in accordance
with the AGOA eligibility requirements.
USTR seeks comments on extension of product exclusions that are set to expire from the $34 Billion Section 301 Action (Tranche 1)
On October 31, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a notice [Docket No. USTR-2019-0019] (previously
posted on USTR’s website as an advance notice), which invites public comment
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on whether to extend for up to twelve months particular exclusions granted in De-
cember 2018 that are set to expire on December 28, 2019.
The comment period will open November 1, 2019 at noon EDT. To be assured of
consideration, written comments are to be submitted by November 30, 2019 at
11:59 pm. USTR strongly encourages all commenters to use Form A to submit
comments on the Federal eRulemaking Portal, referring to Docket No. USTR-
2019-0019. If applicable, you must submit Form B, which requests Business
Confidential Information (BCI)), along with a copy of the corresponding Form A,
via email to [email protected]. Submission instructions may be
found in the notice. While there are facsimiles of Forms A and B in the notice,
electronic copies are available at https://ustr.gov/issue-areas/enforcement/sec-
tion-301-investigations/section-301-china/34-billion-trade-action under the title
“$34 Billion Product Exclusion Process.”
USTR posts additional product exclusions for China 301 – List 3
On October 28, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a notice (previously posted on its website as an ad-
vance copy) granting additional product exclusions from the $200 billion action
(List 3/third tranche) assessing Sec. 301 tariffs imposed on products of Chinese
origin.
As set out in the Annex to the notice, the exclusions are reflected in 83 specially
prepared product descriptions, which cover 95 separate exclusion requests.
Paragraph A, subparagraphs 1 and 2 of the Annex create a new subheading
9903.88.33 and US note 20(ll) for the exclusions. In accordance with the June
24 notice, the exclusions are available for any product that meets the description
in the Annex, regardless of whether the importer filed an exclusion request. Fur-
ther, the scope of each exclusion is governed by the scope of the product de-
scriptions in the Annex, and not by the product descriptions set out in any partic-
ular request for exclusion.
Paragraph A, subparagraphs (3)–(5) are conforming amendments to the HTSUS
reflecting the modification made by the Annex.
Paragraph B is a technical correction to the HTSUS modifying US note 20(a) to
subchapter III of chapter 99. As stated in the September 20, 2019 notice, the ex-
clusions will apply from September 24, 2018, to August 7, 2020.
US Customs and Border Protection will issue instructions on entry guidance and
implementation. USTR will continue to issue determinations on pending requests
on a periodic basis.
USTR announces GSP enforcement actions and successes for seven countries
On October 25, 2019, USTR announced that President Trump is suspending
$1.3 billion in trade preferences for Thailand under the Generalized System of
Preferences (GSP) based on its failure to adequately provide internationally-rec-
ognized worker rights. In addition, the President is restoring some GSP benefits
for Ukraine following its passage of legislation aimed at addressing shortcomings
in its intellectual property (IP) regime.
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USTR also announced it is opening new GSP eligibility reviews for two coun-
tries: South Africa, based on IP protection and enforcement concerns, and Azer-
baijan, based on worker rights concerns. USTR also is closing GSP eligibility re-
views with no loss of GSP eligibility for three countries: Bolivia and Iraq, based
on improvements in the protection of worker rights in those countries, and Uzbek-
istan, based on improvements in its protection and enforcement of IP rights.
USTR also announced the results of the annual GSP product review. Decisions
on product petitions can be viewed here.
USTR seeks applicants for NAFTA Chapter 19 binational panels
On October 24, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register an invitation for applications [Docket No. USTR-
2019-0018] from eligible individuals wishing to be included on the roster of indi-
viduals to serve on binational panels convened to review final determinations in
antidumping or countervailing duty (AD/CVD) proceedings and amendments to
AD/CVD statutes of a NAFTA Party for the period April 1, 2020, through March
31, 2021. The United States annually renews its selections for the roster.
Section 402 of the NAFTA Implementation Act (Pub. L. 103-182, as amended (19
U.S.C. 3432)) (Section 402) provides that selections by the United States of indi-
viduals for inclusion on the Chapter 19 roster are to be based on the eligibility cri-
teria set out in Annex 1901.2 of the NAFTA, and without regard to political affilia-
tion. Annex 1901.2 provides that Chapter 19 roster members must be citizens of
a NAFTA Party, must be of good character and of high standing and repute, and
are to be chosen strictly on the basis of their objectivity, reliability, sound judg-
ment, and general familiarity with international trade law. Aside from judges, ros-
ter members may not be affiliated with any of the three NAFTA Parties. Section
402 also provides that, to the fullest extent practicable, judges and former judges
who meet the eligibility requirements should be selected.
In order to be assured of consideration, USTR must receive an application by
November 29, 2019.
USTR publishes exclusion process for Tranche 4 (China Sec. 301)
On October 24, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a notice [Docket No. USTR 2019-0005] establish-
ing procedures by which US stakeholders may request an exclusion from
Tranche (List) 4 additional tariffs on certain products of China with an annual ag-
gregate trade value of approximately $300 billion. The notice (which had been
posted on October 21 on the USTR website as an advance copy) announces that
USTR will open an electronic portal (https://exclusions.USTR.gov) for submission
of exclusion requests on October 31, 2019 for products covered by Annexes A
and C of the August 20, 2019 action, and sets out the specific procedures for
submitting requests. The original August 20 notice set the rate for additional du-
ties at 10% on the goods of China specified in Annex A and Annex C of that no-
tice. However, on August 30, 2019, at the direction of the President, USTR deter-
mined to modify the action being taken in the investigation by increasing the rate
of the additional duty from 10 to 15 percent ad valorem. To submit an exclusion
request, requesters must first register on the portal at https://exclusions.ustr.gov.
As explained in more detail in the notice, each request must specifically identify a
particular product, and provide supporting data and the rationale for the re-
quested exclusion. USTR will evaluate each request on a case-by-case basis,
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taking into account the asserted rationale for the exclusion, whether the exclu-
sion would undermine the objective of the Section 301 investigation, and whether
the request defines the product with sufficient precision. Any exclusion will be ef-
fective for one year, starting from the September 1, 2019 effective date for Annex
A of the August 20, 2019 Federal Register notice. USTR will periodically an-
nounce decisions on pending requests.
Fields on the exclusion request form marked with an asterisk (*) are required
fields. Fields with a green (Public) notation will be publicly available. Fields with a
gray (BCI) notation are for Business Confidential Information and the information
entered will not be publicly available. Additionally, parties will be able to upload
documents and indicate whether the documents are BCI or public. Requesters
will be able to review the public version of their submission before the submission
is posted.
In order to facilitate preparation of requests prior to the October 31 opening of the
web portal, a facsimile of the exclusion request form to be used on the portal is
attached as an annex to the USTR notice. Although the color-coding of public
fields and BCI fields is not visible on facsimile, they will be apparent on the actual
form used on the portal.
Interested persons seeking to exclude two or more products must submit a sepa-
rate request for each product, i.e., one product per request. A single product may
include two or more goods with similar product characteristics or attributes. By
submitting an exclusion request, a response, or a reply, the submitter certifies
that the information provided is complete and correct to the best of his or her
knowledge.
The last day for submitting exclusion requests is January 31, 2020. Responses to
individual exclusion requests are due 14 days after USTR posts the request on
the online portal. Any replies to responses to an exclusion request are due the
later of 7 days after the close of the 14-day response period, or 7 days after the
posting of a response.
USTR publishes technical adjustments to Section 301 Action re-lated to EU Large Civil Aircraft dispute
On October 18, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a notice of technical adjustments to the Section
301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute
[Docket No. USTR-2019-0003] that was published in the Federal Register on Oc-
tober 9 (84 Fed. Reg. 54245) and will be effective on October 18. The notice
makes technical changes in order to implement the intended scope of the action,
and to correct other errors.
In the October 9 notice, USTR announced his determination to impose additional
duties on products of certain member States of the European Union, effective
October 18, 2019. For certain products defined in Annex A of the October 9 no-
tice, the determination included a decision to impose additional duties on only a
subset of products within specified subheadings of the Harmonized Tariff Sched-
ule of the United States (HTSUS).
To address technical limitations in the administration of the additional duties on a
portion of products of a covered subheading, Paragraph 1 of Annex A of the Oc-
tober 18 notice creates additional Chapter 99 numbers to identify the portion of
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the subheadings not covered by the October 9 action. Paragraph 2 of Annex A
makes conforming changes to account for the creation of the additional Chapter
99 numbers. Customs and Border Protection will issue instructions on entry guid-
ance and implementation.
Paragraph 3 of Annex A to the October 18 notice removes one subheading,
which had been included due to a clerical error, from the list of subheadings in
Annex A of the October 9 notice.
Paragraph 4 of Annex A to the October 18 notice corrects typographical errors in
US Note 21 (m) to subchapter III of Chapter 99, as set out in Annex A of the Oc-
tober 9 notice.
Paragraph 5 of the Annex A to the October 18 notice corrects the article of de-
scription for 9903.89.05 as set out in Annex A of the October 9 notice. Annex B
contains the list of tariff subheadings, with unofficial descriptions, covered by the
October 9 action as amended by the October 18 notice.
The technical changes as set out in Annex A to the notice are applicable with re-
spect to products that are entered for consumption, or withdrawn from ware-
house for consumption, on or after 12:01 a.m. (EDT) on October 18, 2019.
CBP instructions are contained in CSMS #40281968 - Additional Duty on Prod-
ucts of the Countries of the European Union Under Large Civil Aircraft Section
301 Trade Remedy Action issued on October 17, 2019, which is reproduced in
the CBP section below.
USTR publishes “EU Large Aircraft” notice of determination and ac-tion on Sec. 301 tariffs and final Product List
On October 9, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register its Notice of Determination and Action Pursuant to
Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute
[Docket No. USTR-2019-0003] (originally posted by USTR on its website on Oc-
tober 4 as an advance copy). The notice states that USTR has determined that
the European Union (EU) and certain member States have denied US rights un-
der the World Trade Organization (WTO) Agreement and have failed to imple-
ment WTO Dispute Settlement Body recommendations concerning certain subsi-
dies to the EU large civil aircraft industry. USTR has determined to take action in
the form of additional duties on products of certain member States of the EU, as
specified in Annex A to the notice. The additional duties set out in Annex A are
applicable with respect to products that are entered for consumption, or with-
drawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight
time on October 18, 2019.
In a Federal Register notice published on April 12, 2019 (84 Fed. Reg. 15028
(April 12 notice)), USTR announced the initiation of an investigation pursuant to
sections 301 and 302 of the Trade Act of 1974, to enforce US rights in the WTO
dispute against the EU and certain EU member States addressed to subsidies on
large civil aircraft. The April 12 notice contains background information on the in-
vestigation and the dispute settlement proceedings, as well as the website where
you can find the WTO reports. It also contained a preliminary list of covered prod-
ucts that were being considered for additional duties and solicited comments as
well as announcing a public hearing. USTR received over 600 submissions, and
held a 2 day public hearing where 47 witnesses provided testimony.
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In response to these public comments, and upon further analysis, USTR pub-
lished a notice (84 Fed. Reg. 32248 (July 5 notice)) inviting public comment on a
second list of products also being considered for an additional ad valorem duty of
up to 100 percent. USTR received nearly 1,900 submissions in response to the
July 5 notice, and held a hearing on August 5, 2019, where 31 witnesses pro-
vided testimony. The public versions of submissions received in response to the
April 12 and July 5 notices, as well as transcripts of both hearings, are available
on www.regulations.gov under docket number USTR-2019-0003.
New HTSUS modifications
In order to implement this determination, effective October 18, 2019, subchapter
III of chapter 99 of the HTSUS is modified by Annex A of this notice. Products
provided for in new 5 HTSUS subheading 9903.89.05 will be subject to an addi-
tional ad valorem duty of 10 percent. Products provided for in new HTSUS sub-
headings 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22,
9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.37, 9903.89.40,
9903.89.43, 9903.89.46, and 9903.89.49, will be subject to an additional ad val-
orem duty of 25 percent.
Duties are in addition to any regular duties/ADD/CVD/safeguard duties
The additional duties provided for in the new HTSUS subheadings established by
Annex A apply in addition to all other applicable duties, fees, exactions, and
charges, and shall continue to be subject to antidumping, countervailing or other
duties (including duties imposed by other provisions of subchapter III of this
chapter and safeguard duties set forth in provisions of subchapter IV of this chap-
ter), as well as to the additional imposed by the notice.
Foreign Trade Zone treatment
Any product listed in Annex A, except any product that is eligible for admission
under ‘domestic status’ as defined in 19 C.F.R. 146.43, which is subject to the
additional duty imposed by this determination, and is admitted into a US foreign
trade zone on or after 12:01 a.m. eastern daylight time on October 18, 2019, only
may be admitted as ‘privileged foreign status’ as defined in 19 C.F.R. 146.41.
Such products will be subject upon entry for consumption to any ad valorem
rates of duty or quantitative limitations related to the classification under the ap-
plicable HTSUS subheading.
Products subject to temporary suspensions or reductions
If any products listed that are classified in the subheadings enumerated in new
Note 21(a) are eligible for temporary duty exemptions or reductions under sub-
chapter II to chapter 99 shall be subject to the additional duties imposed by sub-
headings 9903.89.05 through 9903.89.49, and any such duty exemption or re-
duction shall apply only to the permanent general rate prescribed in provisions of
chapters 1 through 97 of the tariff schedule.
Chapter 98 treatment
The additional duties imposed by subheadings 9903.89.05 through 9903.89.49
do not apply to goods for which entry is properly claimed under a provision of
chapter 98 of the HTSUS, except for goods entered under subheadings
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9802.00.40, 9802.00.50 and 9802.00.60 and heading 9802.00.80. For subhead-
ings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duties apply to the
value of repairs, alterations or processing performed in one or more of EU Mem-
ber States. For heading 9802.00.80, the additional duties apply to the value of
the article less the cost or value of such products of the United States, as de-
scribed in heading 9802.00.80.
USTR said that it will continue to consider the action taken in this investigation. In
determining whether future modifications may be appropriate, USTR will take into
account the public comments and testimony previously provided in response to
the April 12 and July 5 notices. USTR said it remains open to discussing matters
related to this investigation with the EU and EU member States.
USTR withdraws exclusion of bifacial solar panels to the solar prod-ucts safeguard measure
On October 9, 2019, the Office of the US Trade Representative (USTR) pub-
lished in the Federal Register a notice [Docket No. USTR–2018–0001] withdraw-
ing the exclusion of bifacial solar panels exclusion to the solar products safe-
guard measure. On January 23, 2018, the President imposed a safeguard meas-
ure on imports of certain solar products pursuant to a section 201 investigation.
On February 14, 2018, USTR established procedures for interested persons to
request product-specific exclusions from application of the safeguard measure.
On June 13, 2019, USTR published a notice granting certain requests for exclu-
sions and excluding the products at issue from the safeguard measure’s applica-
tion. In particular, USTR excluded bifacial solar panels consisting only of bifacial
solar cells. Since publication of that notice, USTR has evaluated this exclusion
further and, after consultation with the Secretaries of Commerce and Energy, de-
termined it will undermine the objectives of the safeguard measure. Accordingly,
USTR has modified the Harmonized Tariff Schedule of the United States
(HTSUS) to withdraw the exclusion of bifacial solar panels from application of the
safeguard measure. USTR also has modified the HTSUS to make certain tech-
nical changes in connection with the safeguard measure.
The withdrawal of the exclusion for bifacial solar panels from application of the
safeguard measure and technical changes will apply as of October 28, 2019
USTR requests WTO meeting to approve additional tariffs
On October 2, 2019, USTR announced that the United States has requested that
the WTO schedule a meeting on October 14 to approve a US request for authori-
zation to take countermeasures against the EU in connection with the arbitrator’s
decision in the WTO dispute entitled “European Communities and Certain mem-
ber States — Measures Affecting Trade in Large Civil Aircraft” (DS316). Earlier in
the day, the WTO announced that a WTO arbitrator issued its decision finding
the level of countermeasures the United States may request is approx. $7.5 Bil-
lion. Pursuant to WTO rules, the WTO will provide this authorization automati-
cally at that meeting. The EU is not permitted to retaliate against WTO-author-
ized countermeasures.
Please see our full Client Alert: WTO Authorizes US Tariffs in Boeing/Airbus Arbi-tration Decision by Kevin O’Brien, Rod Hunter, Christine Streatfeild and Ross Denton for background, potential US measures and implications for the WTO System and US-EU.
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USTR publishes additional Sec. 301 exclusions for Lists 1 and 2 and corrects certain HTSUS notes
[Ed. Note: This is an updated version of an article appearing in our October Update]
On October 2, 2019, the Office of the US Trade Representative (USTR)published
in the Federal Register a notice granting additional product exclusions from $34
billion action (List 1/first tranche) assessing Sec. 301 tariffs imposed on products
of Chinese origin. The notice (which had been previously posted on USTR’s
website on September 27) covers additional exclusions for 92 specially prepared
product descriptions, which cover 129 separate exclusion requests from the $34
billion action. USTR said it will continue to issue exclusion decisions as neces-
sary. The notice also corrects errors by removing certain notes in the Harmo-
nized Tariff Schedule of the United States (HTSUS).
As in prior exclusion notices, the exclusions are available for any product that
meets the description in the Annex, regardless of whether the importer filed an
exclusion request. Further, the scope of each exclusion is governed by the scope
of the 10-digit HTSUS headings and product descriptions in the Annex to this no-
tice, and not by the product descriptions set out in any particular request for ex-
clusion. The exclusions will apply as of the July 6, 2018 effective date of the $34
billion action, and extend for one year after the publication of the notice. US Cus-
toms and Border Protection will issue instructions on entry guidance and imple-
mentation.
Paragraph A, subparagraphs 1 and 2 of the Annex insert a new HTSUS
9903.88.19 and a new US note 20(x). Paragraph A, subparagraphs 3 – 5 are
conforming amendments to the HTSUS reflecting the modification made by the
Annex to the notice. Paragraphs B, C, D, and E of the Annex correct errors by re-
moving U.S. notes 20(q)(115), 20(q)(132), 20(q)(133), and 20(q)(216) of sub-
chapter III of chapter 99 of the HTSUS. These notes relate to HTSUS subhead-
ings covered by other tariff actions, but they were placed in the annex to the no-
tice published at 84 Fed. Reg. 49564 (September 20, 2019), which excluded
products under HTSUS subheadings covered by the $34 billion action.
Also on October 2, 2019, the Office of the US Trade Representative published in
the Federal Register a notice granting additional product exclusions from the
Sec. 301 tariffs imposed under the 16 billion action (List 2) on products of Chi-
nese origin. This notice (which had been previously posted on USTR’s website
on September 27) covers additional exclusions for 111 specially prepared prod-
uct descriptions, which cover 382 separate exclusion requests from the $16 bil-
lion. action (referred to as List 2 or the second tranche). USTR said it will con-
tinue to issue exclusion decisions as necessary. The notice also corrects errors
by removing certain notes in the HTSUS.
As in prior exclusion notices, the exclusions are available for any product that
meets the description in the Annex, regardless of whether the importer filed an
exclusion request. Further, the scope of each exclusion is governed by the scope
of the 10-digit HTSUS headings and product descriptions in the Annex to this no-
tice, and not by the product descriptions set out in any particular request for ex-
clusion. The exclusions will apply as of the August 23, 2018 effective date of the
$16 billion action, and extend for one year after the publication of the notice. US
Customs and Border Protection will issue instructions on entry guidance and im-
plementation.
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Paragraph A, subparagraphs 1 and 2 of the annex insert a new 9903.88.20,
HTSUS and a new US note 20(y). Paragraph A, subparagraphs 3–5 are con-
forming amendments to the HTSUS reflecting the modification made by the An-
nex. Paragraph B and C of the Annex correct errors by removing US notes
20(v)(55) and 20(v)(88) of subchapter III of chapter 99 of the HTSUS, as set out
in the Annex to the notice published at 84 Fed. Reg. 49600 (September 20,
2019).
Other USTR documents
F.R. Date Subject
10-04-19 Notice of Continuation and Request for Nominations for the Trade and Environ-ment Policy Advisory Committee
USITC requests petitions for duty suspensions and reductions
On October 11, 2019, the US International Trade Commission (USITC) published
in the Federal Register a notice, as required by section 3(b)(1) of the American
Manufacturing Competitiveness Act of 2016, requesting members of the public
who can demonstrate they are likely beneficiaries of duty suspensions or reduc-
tions to submit to the USITC petitions for duty suspensions or reductions and dis-
closure forms. Consistent with the Act, the USITC will accept petitions submitted
during the 60-day period beginning on October 11, 2019, and ending at 5:15 pm
EST on December 10, 2019. All petitions must be submitted via the USITC’s des-
ignated secure web portal. At a later date the USITC will publish notice of the op-
portunity for the public to submit comments on the petitions filed. The opening
date for filing petitions for duty suspensions and reductions is October 11, 2019.
The closing date and time for filing petitions for duty suspensions and reductions
is December 10, 2019, 5:15 pm, EST.
USITC will open MTB portal on October 11 and give walk-through October 8.
The USITC announced that its portal site for Miscellaneous Tariff Bills (MTB) will
open on October 11, 2019. The USITC is giving a seminar for those planning to
file a petition. The seminar will cover the petition process and web-based MTB
Petition System portal, which must be used to file petitions. The seminar is being
held on Tuesday October 8 from 11 a.m. until 12:30 p.m. at the USITC building.
Attendance may be in person or via the interactive webinar at https://at-
tendee.gotowebinar.com/register/7198089612492410635 and will be available
for viewing later, although without interactivity. Contact [email protected] for de-
tails.
USITC begins process to modify the HTS to reflect changes to the HS
On October 2, 2019, the US International Trade Commission (USITC) an-
nounced that it has instituted an investigation that will lead to recommendations
to the President on necessary modifications to the US Harmonized Tariff Sched-
ule (HTS) to implement recent amendments to the global Harmonized System
(HS).
By statute, the USITC is required to recommend to the President modifications to the HTS to conform the HTS to amendments made to the HS. The USITC is instituting this investigation, Recommended Modifications in the Harmonized Tariff Schedule, 2020, to consider recommendations to make to the President.
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The HS is the international product naming system that is used to categorize and monitor global trade in goods. The US HTS and the classification systems of 155 other countries are based on the HS, and they are modified to reflect any changes to the HS. The USITC is responsible for maintaining the U.S. HTS.
On June 28, 2019, the World Customs Organization (WCO) approved a package of amendments to the HS. A copy of the package of the WCO amendments can be viewed here.
In this investigation, the USITC, an independent, nonpartisan, factfinding federal agency, will develop proposed modifications to the HTS to reflect the WCO’s amend-ments to the HS and to reflect a WCO classification opinion regarding blanched pea-nuts. The USITC expects to issue preliminary draft modifications to the HTS for pub-lic comment in March 2020. Following the public comment period, the USITC will fi-nalize the necessary modifications to the HTS and submit a report to the President in October 2020.
Further information about the investigation can be found in the notice of investi-
gation, dated October 1, 2019, on the USITC Internet site.
USITC investigations
The USITC initiated (I), terminated (T), requested information or comments
(RFC), issued a report (R), or scheduled a hearing (H) regarding the following in-
vestigations (other than 337 and antidumping, countervailing duty or safeguards)
this month: (Click on the investigation title to obtain details from the Federal Reg-
ister notice or ITC Press Release)
Investigation. No. and title Requested by:
Inv. No. 1205-13 - Recommended Modifications in the Harmonized Tar-iff Schedule, 2020 (I/H)
Statutory
Inv. No. 332-569 - U.S. SME Exports: Trade-related Barriers Affecting Exports of U.S. Small and Medium-sized Enterprises to the United Kingdom (USITC Pub. 4953) (R)
USTR
Inv. No. 163-1 - The Year in Trade 2018- Operation of the Trade Agreements Program 70th Report - October 2019 (USITC Pub. 4986) (R)
Statutory
Inv. 332-501 - Textile and Apparel Imports from China: Statistical Re-ports - Notice of change in statistical report format and publication fre-quency (N)
House Ways & Means
CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES
Receipt of requests from Turkey and Yemen to protect cultural property
On October 2, 2019, the Department of State published in the Federal Register a
notice [Public Notice: 10907] that the Government of the Republic of Turkey has
made a request to the Government of the United States under Article 9 of the
1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property. State received
this request on September 6, 2019. Turkey’s request seeks US import re-
strictions on archaeological and ethnological material representing Turkey’s cul-
tural patrimony. A public summary of Turkey’s request and information about
U.S. implementation of the 1970 UNESCO Convention will be available at the
Cultural Heritage Center website: http://culturalheritage.state.gov.
Also on October 2, 2019, the Department of State published in the Federal Reg-
ister a notice [Public Notice: 10906] that the Republic of Yemen Government has
made a request to the Government of the United States under Article 9 of the
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1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property. State received
this request on September 11, 2019. Yemen’s request seeks US import re-
strictions on archaeological and ethnological material representing Turkey’s cul-
tural patrimony. A public summary of Turkey’s request and information about
U.S. implementation of the 1970 UNESCO Convention will be available at the
Cultural Heritage Center website: http://culturalheritage.state.gov.
CBP extends comment period on proposed rules involving disclo-sure of information regarding abandoned merchandise
On October 29, 2019, US Customs and Border Protection (CBP) published in the
Federal Register a notice [USCBP-2019-0031] providing additional time for inter-
ested parties to submit comments on the proposed rule published August 27,
2019, to amend the CBP regulations pertaining to disclosure of information re-
garding merchandise that was voluntarily abandoned. Based on a request from
the public to provide additional time to prepare comments on the proposed rule,
CBP is extending the comment period to November 15, 2019.
CBP proposes amendments to rules on copyright enforcement
On October 16, 2019, US Customs and Border Protection (CBP) published in the
Federal Register a notice of proposed rulemaking [USCBP-2019-0037] to amend
the CBP regulations pertaining to importations of merchandise that violate or are
suspected of violating the copyright laws, including the Digital Millennium Copy-
right Act (DMCA), in accordance with Title III of the Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA). The proposed amendments set forth in the
document are intended to clarify the definition of “piratical articles,” simplify the
detention process involving goods suspected of violating the copyright laws, and
prescribe new regulations enforcing the DMCA. The proposal would amend 19
C.F.R. Parts 113, 133, 148, 151 and 177.
Comments on the proposed rule must be received on or before December 16,
2019.
CBP publishes quarterly interest rates
On October 2, 2019, CBP published in the Federal Register a notice that advises
the public that the quarterly Internal Revenue Service interest rates used to cal-
culate interest on overdue accounts (underpayments) and refunds (overpay-
ments) of customs duties will remain the same from the previous quarter. For the
calendar quarter beginning October 1, 2019, the interest rates for overpayments
will be 4 percent for corporations and 5 percent for non-corporations, and the in-
terest rate for underpayments will be 5 percent for both corporations and non-
corporations.
Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the
Federal Register. [Note that multiple listings of approved gaugers and laborato-
ries reflects different locations and/or products.]
F.R. Date Subject
10-03-19 Accreditation and Approval of Chemical and Petrochemical Inspections (Groves, TX), as a Commercial Gauger and Laboratory (N)
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F.R. Date Subject
Accreditation and Approval of Product Quality Management, LLC (Pasadena, TX) as a Commercial Gauger and Laboratory (N)
10-04-19
Agency Information Collection Activities: Petroleum Refineries in Foreign Trade Sub-Zones [OMB Control No. 1651-0063] (N)
Agency Information Collection Activities: Prior Disclosure [OMB Control No. 1651-0074] (N)
10-15-19 Agency Information Collection Activities: Report of Diversion [OMB Control No. 1651-0025] (N)
10-21-19
Agency Information Collection Activities: Arrival and Departure Record (Forms I–94, I–94W) and Electronic System for Travel and Authorization (ESTA) [OMB Control No. 1651-0111 (N)] [CBP Forms I-94 and I-94W]
Agency Information Collection Activities: Application for Identification Card [OMB Control No.1651-0008] (N) [CBP Form 3078]
Agency Information Collection Activities: Electronic Visa Update System [OMB Control No. 1651-0139] (N)
CBP and Commerce announce redesigned ACE AD/CVD module
On October 8, 2019, US Customs and Border Protection (CBP) Office of Trade
and the Department of Commerce (Commerce) Office of Enforcement and Com-
pliance announced a newly redesigned Antidumping and Countervailing Duties
(AD/CVD) case management module within the Automated Commercial Environ-
ment (ACE). The new module deployed on October 5. The announcement said in
part:
This year-long joint effort will streamline the AD/CVD case messages and case refer-ence data functions, resulting in more user-friendly navigation for the trade commu-nity. This deployment of the enhanced AD/CVD module provides a more secure and transparent system and will contribute to the efforts by Commerce and CBP to level the playing field for domestic industries injured by unfair trade practices.
Certain key features in the AD/CVD single window redesign include improved user-centric design with fewer clicks for ease of use, enhanced organization of key data points for transparency, automation of manual processes to increase collaboration between stakeholders, exportable data, advance search capability and quick search filters. A premier feature of this enhancement is the utilization of CBP Amazon Web Service Cloud Environment (CACE), which includes a variety of security benefits.
Commerce funded this effort, and fully collaborated with CBP’s Office of Trade and Office of Field Operations to gather specification input and design support in the over-haul of this module. CBP and Commerce have a long history of collaboration in the successful enforcement of AD/CVD orders and this development in ACE will further enhance joint efforts.
***
CBP has published a training guide for the AD/CVD case management redesign
on CBP.gov.
CBP issues ruling holding cars assembled in Sweden from Chinese subassemblies are subject to Sec. 301 tariffs
On or about October 2, 2019, US Customs and Border Protection (CBP) posted
HQ ruling H302821 (of July 26, 2019) which held that, using the substantial
transformation test, the country of origin is China for passenger vehicles that will
be imported to the United States from Sweden after assembly in Sweden as part
of a knockdown operation. The cars consist of components from various coun-
tries that will be shipped to a factory in China where certain components will be
assembled into subassemblies. The subassemblies along with other major com-
ponents will then be shipped to Sweden for final vehicle assembly. CBP said:
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In the instant case, five subassemblies are manufactured in China from components from various countries. The five subassemblies and other components from China with the exception of high voltage cables and wheels from Europe will then be assem-bled into the passenger vehicles in Sweden. Unlike the situation in HQ H155115, HQ H118435, and HQ H022169, in this case, the complex assembly process occurs when producing the subassemblies in China. With respect to the final assembly, we find the manufacturing processes of the five subassemblies in Sweden do not rise to the level of complex processes necessary for a substantial transformation to occur. Further, the five subassemblies from China have a pre-determined end-use and do not undergo a change in use due to the assembly process in Sweden. Accordingly, we find that based on the information provided, the subassemblies and the foreign parts that are imported to Sweden are not substantially transformed as a result of the assembly operations performed in Sweden.
Since CBP found the origin to be China, and the tariff subheadings covering the
vehicles - 8703.60 and 8703.80, HTSUS - are subject to Sec. 301 tariffs, the im-
ported cars will be subject to the additional 25% tariffs (which may be increased
to 30%) on goods of Chinese origin.
“Lever-Rule” application(s) filed
CBP has received the following application(s) for “Lever-Rule” protection pursu-
ant 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 in-
dicating that the referenced trademark is entitled to “Lever-rule” protection with
respect to those physically and materially different goods. [Shown as “Approved”
below]
Customs Bulletin
Date Applicant
Products Cov-ered by the Ap-
plication Trademark
10-09-19
GRANTED
Kymdan America, Inc.
Mattresses in-tended for sale in countries out-side the United States
“KD KYMDAN SINCE 1954 (STYLIZED)”
US TM REGISTRATION NO. 4,658,540/ CBP RECORDATION NO. TMK 19–
00410
“KD SINCE 1954 KYMDAN 100% NATURAL LATEX MATTRESSES
INTERNATIONAL QUALITY YOUR COMFORT IS OUR BUSI-
NESS & DESIGN”
US TM REGISTRATION NO. 4,662,195 CBP RECORDATION NO. TMK 19–
00411
10-23-19
APPLICATION
JUMEX S.A. de C.V. and its subsidiary, CO-MERCIALIZADORA ELERO, S.A. (“JU-MEX”)
Juice products (Mango Nectar; Pineapple-Coco-nut Nectar; Guava Nectar; Apple Nectar; and Peach Nectar) made in Mexico and intended for sale outside the United States
“JUMEX”
US TM REGISTRATION NO. 973,533 CBP RECORDATION NO. TMK 17-
00228
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EAPA Notices of Action and Final Determinations
The following Notices of Action and Final Determinations under the Enforce and
Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of
2015) relating to alleged evasion of antidumping or countervailing duties were
posted by CBP:
Subject and Issue Date
EAPA Investigation Number 7270: Newtrend USA Co., Ltd. (Notice of Final Determination as to Evasion (September 25, 2019) No substantial evidence of evasion by means of transshipment through third country.
EAPA Cons. Investigation Number 7321: InterGlobal Forest, LLC; American Pacific Ply-wood, Inc.; and U.S. Global Forest Inc. (Notice of Initiation of Investigation and Interim Measures, October 1, 2019)
CBP posts new WPM liquidated damages and penalties guidelines
CBP has posted Guidelines for the Cancellation of Claims for Liquidated Dam-
ages and Mitigation of Penalties Relating to the Wood Packaging Material Regu-
lations on its website. Under the guidelines, duly authorized CBP officials are en-
titled to grant relief under such terms and conditions as they deem appropriate,
sufficient, reasonable and/or just (pursuant to 19 U.S.C. §§ 1618 and 1623, as
well as other applicable regulatory authorities).
In the case of liquidated damages issued where an entity does not take action re-
quired under an Emergency Action Notification (“EAN”) issued by the
APHIS/PPQ, CBP may issue a claim for liquidated damages against the entity
(an importer, carrier, or bonded custodian) for breach of its bond conditions. Re-
lief will generally only be provided if the petitioner establishes one of the following
extraordinary circumstances:
1. Action required under the EAN was eventually taken, although it occurred after the specified deadline. In this situation, the claim for liquidated damages may cancelled at an amount between $500 and $5,000 depending on the specific circumstances of the case.
2. The petitioner was unable to take action required under the EAN due to circum-stances beyond its control, or due to APHIS/PPQ or CBP error. In this situation, the
claim for liquidated damages should be cancelled.
In the case of penalties issued under 19 U.S.C. § 1595a(b), to an entity for a sin-
gle violation of 7 C.F.R. 319.40-3. There are 3 categories of violations of 7 C.F.R.
§ 319.40-3: (1) unmarked WPM, (2) inappropriately marked WPM, and (3) in-
fested WPM. A penalty under 19 U.S.C. § 1595a(b) may be assessed at the
value of the article or articles introduced or attempted to be introduced, which in-
cludes the article or articles and the wood packaging material. For all three cate-
gories of violations described above, the following applies:
1. First Violation Penalties assessed for first violations may be mitigated to an amount between 1 to 10% of the value of the assessed penalty depending on the presence of mitigating and aggravating factors.
2. Second Violation: Penalties assessed for second violations may be mitigated to an amount between 10 to 25% of the value of the assessed penalty depending on the presence of mitigating and aggravating factors.
3. Third or Subsequent Violations: Penalties assessed for third or subsequent viola-tions may be mitigated to an amount not lower than 25% of the assessed penalty de-pending on the presence mitigating and aggravating factors. Mitigation will generally
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not be provided if the violator has a continuing documented pattern of WPM viola-tions.
The guidelines also give examples of Mitigating and Aggravating Factors.
CBP updates guidance on Sec. 301 EU Large Aircraft tariffs
On October 29, 2019, CBP issued CSMS #40430843 - Additional Duty on Prod-
ucts of the Countries of the European Union Under Large Civil Aircraft Section
301 Trade Remedy Action, which updates guidance provided in CSMS
#40281968 on the same subject. It is reproduced below:
BACKGROUND
The U.S. Trade Representative has determined that the EU and certain member states have denied U.S. rights under the World Trade Organization (WTO) Agree-ment and have failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large civil aircraft industry.
On October 9, 2019, the U.S. Trade Representative published in the Federal Register 84 FR 54245, a Notice of Determination and Action Pursuant to Section 301: Enforce-ment of U.S. WTO Rights in Large Civil Aircraft Dispute. The notice announces the U.S. Trade Representative’s determination to impose additional duties on products of the EU or certain member states. The Large Civil Aircraft Section 301 duties only ap-ply to products of the countries set forth in 84 FR 54245, and are based on the coun-try of origin, not country of export.
The affected countries are Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ire-land, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Ro-mania, Slovakia, Slovenia, Spain, Sweden or the United Kingdom. Additional duties imposed are effective on or after 12:01 a.m. eastern daylight time on October 18, 2019. These products are subject to either 10% or 25% additional duties.
A complete list of products subject to the remedy and assessed duties are set out in Annex A to 84 FR 54245. Annex B to 84 FR 54245 contains the same list of tariff subheadings, with unofficial descriptions of the types of products covered in each subheading. For ease of reference, a link to the entire Federal Register Notice, which includes Annex A and Annex B is embedded in this message.
Technical changes required to implement the intended scope of the Large Civil Air-craft Section 301 trade remedy and to correct other errors are set forth in 84 FR 55998.
The Large Civil Aircraft Section 301 duties only apply to products of the countries set forth in 84 FR 54245, and are based on the country of origin, not country of export.
GUIDANCE
The increase in additional import duties for products set out in Annex A to 84 FR 54245, and the technical adjustments in the USTR FRN pending publication apply to merchandise entered for consumption, or withdrawn from warehouse for consump-tion, on or after 12:01 a.m. eastern daylight time on October 18, 2019. The Section 301 duties assessed under this trade remedy vary based on product and coun-try. Further, the additional duties provided for in the new Harmonized Tariff Schedule of the United States (HTSUS) subheadings established by Annex A to this notice ap-ply in addition to all other applicable duties, fees, exactions, and charges.
For listed merchandise from the subject countries of origin entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 18, 2019, report the Chapter 99 HTSUS number and duty rate in the attached table.
CHAPTER 98 AND CHAPTER 99
Products of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
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Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom that are subject to this Section 301 trade remedy and that are eligible for temporary duty exemptions or reductions under HTS Heading 9902 shall be subject to the additional duties imposed by subheadings 9903.89.05 through 9903.89.50. Any such duty exemption or reduction shall apply only to the chapters 1 through 97 of the HTSUS.
The additional duties imposed by subheadings 9903.89.05 through 9903.89.50 do not apply to goods for which entry is properly claimed under a provision of chapter 98 of the HTSUS, except for goods entered under subheadings 9802.00.40, 9802.00.50 and 9802.00.60 and heading 9802.00.80. For subheadings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duties apply to the value of repairs, alterations or pro-cessing performed, as described in the applicable subheading, in one or more of the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom. For heading 9802.00.80, the additional duties apply to the value of the article, less the cost or value of such products of the United States, as described in heading 9802.00.80.
CHAPTER 98 AND CHAPTER 99 FILING INSTRUCTIONS
When submitting an entry summary in which a heading or subheading in Chapter 98 and/or 99 is claimed on imported merchandise, the following instructions will apply for the order of reporting the HTS on an entry summary line.
HTS SEQUENCE:
1. Chapter 98 (if applicable)
2. Chapter 99 number(s) for additional duties (if applicable),
3. For trade remedies:
First report the Chapter 99 HTS for Section 301 Goods of China OR Chapter 99 HTS for 301 Goods of Certain EU Countries (Large Civil Aircraft) (if appli-cable),
Followed by the Chapter 99 HTS for Section 232 or 201 duties (if applica-ble),
Followed by the Chapter 99 HTS for Section 201 or 232 quota (if applicable),
4. Chapter 99 number(s) for REPLACEMENT duty or other use (i.e., MTB or other provisions) (if applicable),
5. Chapter 99 number for other quota (not covered by #3) (if applicable),
6. Chapter 1 to 97 Commodity Tariff
Antidumping/Countervailing Duty (AD/CVD)
Products of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or the United Kingdom that are described in any of sub-heading 9903.89.05 through 9903.89.50 and classified in one of the subheadings enumerated in such subheadings, shall continue to be subject to antidumping, coun-tervailing, or other duties (including duties imposed by other provisions of subchapter III of this chapter and safeguard duties set forth in provisions of subchapter IV of this chapter), fees, exactions and charges that apply to such products, as well as to the additional imposed herein.
FOREIGN TRADE ZONES
Any product listed in Annex A, except any product that is eligible for admission under ‘domestic status’ as defined in 19 CFR 146.43, which is subject to the additional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on October 18, 2019, only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41. Such products will be subject
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upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading.
FOR FURTHER INFORMATION
For more information related to the Large Civil Aircraft Section 301 EU-WTO dispute, please refer to 84 FR 54245, issued October 9, 2019, and the technical adjustments in 84 FR 55998, issued October 18, 2019.
Questions related to Section 301 entry filing requirements should be emailed to [email protected]. Questions from the importing community related to entry acceptance and rejection issues should be referred to their Client Representative.
A complete list of products covered may be found here.
Subject Goods HTS Subject Country of Origin Chapter 99 HTS
Duty Rate
8802.40.0040*, 8802.40.0060*, 8802.40.0070* France, Germany, Spain or the United Kingdom
9903.89.05 10%
Airplanes and other aircraft, of unladen weight ex-ceeding 15,000 kg (provided for in subheading 8802.40.00), the foregoing not described in sub-heading 9903.89.05.
France, Germany, Spain or the United Kingdom
9903.89.07
0%
*Articles the product of France, of Germany, of Spain or of the United Kingdom: New airplanes and other new air-craft, as defined in U.S. note 21(b) to this subchapter (other
0403.10.50, 0403.90.85, 0403.90.90, 0405.20.20, 0406.10.28, 0406.10.54, 0406.10.58, 0406.10.68, 0406.20.51, 0406.20.53, 0406.20.69, 0406.20.77, 0406.20.79, 0406.20.87, 0406.20.91, 0406.30.05, 0406.30.18, 0406.30.28, 0406.30.34, 0406.30.38, 0406.30.55, 0406.30.69, 0406.30.79, 0406.40.44, 0406.40.48, 0406.90.32, 0406.90.43, 0406.90.52, 0406.90.54, 0406.90.68, 0406.90.72, 0406.90.74, 0406.90.82, 0406.90.92, 0406.90.94, 0805.10.00, 0805.21.00, 0805.22.00, 0805.50.20, 0812.10.00, 0813.40.30, 1602.49.10, 1605.53.05, 1605.56.05, 1605.56.10, 1605.56.15, 1605.56.20, 1605.56.30,
1605.56.60, 1605.59.05, 1605.59.60
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-
lic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Lux-embourg, Malta, Netherlands, Po-land, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden or the United Kingdom
9903.89.10 25%
0203.29.40, 0404.10.05, 0406.10.84, 0406.10.88, 0406.10.95, 0406.90.16, 0406.90.56, 1509.10.20,
1509.90.20, 2005.70.12, 2005.70.25
Germany, Spain or the United King-dom
9903.89.13 25%
0403.10.90, 0405.10.10, 0405.10.20, 0406.30.89, 0406.90.99, 0811.90.80, 1601.00.20, 2008.60.00, 2008.70.20, 2008.97.90, 2009.89.65, 2009.89.80
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-lic, Denmark, Estonia, Finland, Ger-many, Greece, Hungary, Ireland, It-aly, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Portugal, Roma-nia, Slovakia, Slovenia, Spain, Swe-
den or the UK
9903.89.16 25%
0405.20.30, 0405.20.80, 0406.30.85, 0406.90.78, 1602.41.90, 1602.42.20, 1602.42.40, 1602.49.40,
1602.49.90
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-
lic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Lux-embourg, Malta, Netherlands, Portu-
gal, Romania, Slovakia, Slovenia, Spain, Sweden or the UK
9903.89.19 25%
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0405.90.10, 0406.30.51, 0406.30.53, 0406.40.54, 0406.90.08, 0406.90.12, 0406.90.41, 0406.90.42, 0406.90.48, 0406.90.90, 0406.90.97, 1605.53.60, 2007.99.70, 2008.40.00, 2009.89.20, 2009.89.40
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-lic, Denmark, Estonia, Finland, Ger-many, Greece, Hungary, Ireland, It-aly, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portu-gal, Romania, Slovakia, Slovenia,
Spain, Sweden or the UK
9903.89.22 25%
0406.90.46
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-lic, Denmark, Estonia, Germany,
Greece, Hungary, Ireland, Italy, Lat-via, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden or the United Kingdom
9903.89.25 25%
0406.90.57
Austria, Belgium, Croatia, Republic of Cyprus, Czech Republic, Den-mark, Estonia, Finland, Germany,
Greece, Hungary, Ireland, Italy, Lat-via, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Ro-mania, Slovakia, Slovenia, Spain, Sweden or the United Kingdom
9903.89.28 25%
0406.90.95
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-lic, Denmark, Estonia, Finland, Ger-many, Greece, Hungary, Ireland, It-
aly, Latvia, Luxembourg, Malta, Netherlands, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden or the United Kingdom
9903.89.31 25%
0711.20.18, 0711.20.28, 0711.20.38, 0711.20.40, 2005.70.08, 2005.70.16, 2005.70.23, 2204.21.50
France, Germany, Spain or the United Kingdom
9903.89.34 25%
0901.21.00, 0901.22.00, 2101.11.21, 8201.40.60, 8203.20.20, 8203.20.60, 8203.30.00, 8203.40.60, 8205.40.00, 8211.93.00, 8211.94.50, 8467.19.10, 8467.19.50, 8468.80.10, 8468.90.10, 8514.20.40,
9002.11.90
Germany 9903.89.37 25%
1602.49.20
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Repub-
lic, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Lat-via, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden or the United Kingdom
9903.89.40 25%
1905.31.00, 1905.32.00, 4901.10.00, 4908.10.00, 4911.91.20, 4911.91.30, 4911.91.40, 8429.52.10,
8429.52.50, 8467.29.00
Germany or the United Kingdom 9903.89.43 25%
2208.70.00 Germany, Ireland, Italy, Spain
or the United Kingdom 9903.89.46 25%
2208.30.30** United Kingdom 9903.89.49 25%
Irish and Scotch Whiskies not described under 9903.89.49 in the Annex: (1) single-malt Irish or
Scotch Whiskies (provided for in subheading 2208.30.30)
United Kingdom 9903.89.50 0%
**single-malt Irish or Scotch Whiskies (provided for in subheading 2208.30.30)
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CBP issues guidance for third round of exclusions from Tranche 2 ($16 Bn Action)
On October 11, 2019, CBP issued CSMS # 40208881 - GUIDANCE: 3rd Round
of Products Excluded from Section 301 Articles of China Specific to Tranche 2
($16B Action), which is reproduced below:
BACKGROUND
On October 2, 2019, the U.S. Trade Representative (USTR) published Federal Regis-ter (FR) Notice 84 FR 52553 announcing the decision to grant the third round of cer-tain exclusion requests from the 25 percent duty assessed under the Section 301 in-vestigation related to goods from China ($16B Action - Tranche 2).
These product exclusions relate to the imposed additional duties announced in 83 FR 40823 on Chinese goods with an annual trade value of approximately $16 billion as part of the action in the Section 301 investigation of China’s acts, policies, and prac-tices related to technology transfer, intellectual property, and innovation. The product exclusions announced in this notice will retroactively apply as of the August 23, 2018 effective date of the $16 billion action (Tranche 2), and will extend for one year after the publication of 84 FR 52553.
The exclusions are available for any product that meets the description as set out in the Annex to Federal Register Notice 84 FR 52553, regardless of whether the im-porter filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion.
The functionality for the acceptance of the third round of product exclusions for arti-cles from China specific to Tranche 2 of Section 301 duties is available in the Auto-mated Commercial Environment (ACE) as of October 8, 2019.
GUIDANCE
Instructions for importers, brokers, and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 52553 are as follow:
In addition to reporting the regular Chapters 39, 70, 73, 84, 85, 86, and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.20 (Articles the product of China, as provided for in U.S. note 20(y) to this subchapter, each covered by an exclu-sion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.
Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.20 is submitted.
Please note: Paragraph B and C of the Annex correct errors by removing U.S. notes 20(v)(55) and 20(v)(88) of subchapter III of chapter 99 of the HTSUS, as set out in the Annex to the notice published at 84 FR 49600 (September 20, 2019).
ADDITIONAL INFORMATION
Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of August 23, 2018 (83 FR 40823). To request a refund of Section 301
6110.11.00 ,6110.12.10 ,6110.20.20 ,6110.30.30, 6202.99.15, 6202.99.80, 6203.11.60, 6203.11.90, 6203.19.30, 6203.19.90, 6208.21.00, 6211.12.40, 6211.12.80, 6301.30.00, 6301.90.00, 6302.21.50, 6302.21.90
United Kingdom 9903.89.49 25%
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duties paid on previous imports of products granted duty exclusions by the USTR, im-porters may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.
Reminder: when importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, they should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS in ACE).
Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.
For ease of reference, a summary of Section 301 actions are provided below:
For more information related to the third round of products excluded specific to Tranche 2 of Section 301 duties for articles of China, please refer to 84 FR 52553, is-sued October 2, 2019.
Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions
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related to Section 301 entry-filing requirements should be emailed to [email protected].
Revocations or modifications of CBP rulings
See separate section below.
CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were is-
sued during the period covered by this Update. ACE outages or delays which
have already occurred and problems which have been resolved are not included
below.
Date CSMS# and Title
10-01-19
CSMS #40050815 - REMINDER: AD/CVD Redesign Deployment Date Set for October 5, 2019
CSMS #40053800 - Harmonized System Update (HSU) 1916 created on Octo-ber 1, 2019
CSMS #40058148 - Production deployment of Document Image System (DIS) Action Code edits for email will occur on October 19, 2019
10-03-19
CSMS #40087961 - ACE System Failure (ASF) generated on ACH Payment Authorizations
CSMS #40089222 - RESOLVED: ACE System Failure (ASF) generated on ACH Payment Authorizations
CSMS #40090552 - Trade's 7501 (AX response E0 record) missing Team Number
CSMS #40091584 - Electronic Ruling (eRuling) Template – Upcoming Tempo-rary Unavailability
10-04-19
CSMS #40103946 - Craft Beverage Modernization Act (CBMA) Indicator/Claim Code - (C) Certification
CSMS #40107730 - USDA/APHIS Lacey Implementation Guide webpage has been updated
CSMS #40108888 - Update to Country Code in ACE Appendix B
10-07-19 CSMS #40141330 - ACE Appendix PGA update (related to APHIS Core,
DDTC
10-09-19 CSMS #40182066 - ACE PRODUCTION CQ Deployment, Thursday
10/10/2019 @0500ET
10-10-19 CSMS #40196360 - Republic of South Korea Steel Export Certificate Warning
Message
10-11-19
CSMS #40208881 - GUIDANCE: 3rd Round of Products Excluded from Sec-tion 301 Articles of China Specific to Tranche 2 ($16B Ac-tion)
CSMS #40212224 - Reconciliation – Incorrect Error Messages
CSMS #40212016 - U.S. Customs and Border Protection (CBP) Reviewing 2019 Q4 Absolute Quota Section 232 Quota Limits
10-15-19
CSMS #40254130 - UPDATE Trade's 7501 (AX response E0 record) missing Team Number
CSMS #40254550 - APHIS Reminds Importers to Submit Required Data for APHIS-Regulated Products Valued at Less Than $800
CSMS #40256441 - U.S. Customs and Border Protection (CBP) 2019 Q4 Ab-solute Quota Section 232 Quota Limits
CSMS #40256571 - Updates to Trade Remedy Universe and TR-004 Report
10-16-19 CSMS #40268757 - New Trade Support Network (TSN) Membership Applica-
tion posted on cbp.gov
10-17-19
CSMS #40281968 - Additional Duty on Products of the Countries of the Euro-pean Union Under Large Civil Aircraft Section 301 Trade Remedy Action
CSMS #40284913 - Flagged Entries for Value on a Reconciliation Entry Sum-mary
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Date CSMS# and Title
10-18-19 CSMS #40295078 - Drawback: Harmonized Tariff (HTSUS) Classification De-
scriptions for Certain Substitution Claims
10-18-19
CSMS #40299553 - U.S. Customs and Border Protection (CBP) 2019 Q4 Ab-solute Aluminum Quota Section 232 Quota Limits – Quota Bulletin (QB) 19-148 Revised Absolute Quota Aluminum Products Fourth Quarter Argentina
10-21-19
CSMS #40322298 - Harmonized System Update (HSU) 1917 created on Octo-ber 18, 2019
CSMS #40322766 - Update - Fix Deployed in ACE Prod for Trade's 7501 (AX response E0 record) missing Team Number
CSMS #40329649 - ACE Reports – Using the Disclaimer Indicator in the Part-ner Government Agency (PGA) Message Set Universe
CSMS #40296891 -UPDATED Drawback: Harmonized Tariff (HTSUS) Classifi-cation Descriptions for Certain Substitution Claims
CSMS #40329824 - REMINDER: ACE Reports Virtual Office Hours Sessions on Tuesdays and Thursdays
CSMS #40330403 - GUIDANCE: Section 301 Tranche 1 Eighth Round of Ex-clusions
10-22-19 CSMS #40344960 - Customs Broker License Examination (CBLE) Results
10-24-19
CSMS #40363706 - ACE CERTIFICATION CQ Deployment Thursday morn-ing, Oct 24, 2019 at 0630 ET
CSMS #40371652 - Food and Drug Administration (FDA) New Center for To-bacco (CTP) Product Subclass Code
CSMS #40373287 - Trade Policy Update for Drawback: Trade Facilitation and Trade Enforcement Act (TFTEA) Combination Privilege Ap-plication
10-25-19 CSMS #40389928 - Update for the Automated Commercial Environment (ACE)
Collections Release 1 – PZ Output Release Date
10-28-19
CSMS #40414974 - Updates Related to the Consumer Product Safety Com-mission’s (CPSC) Trade Messaging in the Automated Com-mercial Environment (ACE)
CSMS #40418762 - Updates to the Document Image System (DIS) Webpage
10-29-19
CSMS #40429362 - Previous Version of ACE CATAIR Appendix B-Valid Codes Has Been Reposted
CSMS #40430843 - Additional Duty on Products of the Countries of the Euro-pean Union Under Large Civil Aircraft Section 301 Trade Remedy Action
10-30-19
CSMS #40445050 - Cargo Release Delayed Responses
CSMS #40449785 - National Highway Traffic Safety Administration (NHTSA) Rules Related to HS-7 Box 6, Declared Vehicles, to Begin Generating Warning Messages
CSMS #40451413 - GUIDANCE: Presidential Proclamation Modifying Duty-Free Treatment under The Generalized System of Prefer-ences (GSP) and for Other Purposes for Ukraine and for Thailand and Modifying Preferential Treatment under The African Growth And Opportunity Act (AGOA) for Republic Of Mali
10-31-19 CSMS #40460364 - Issue Posting ADCVD Messages to ADCVD Public Mes-
sage Website
Foreign Trade Zones
The following documents were published in the Federal Register by the Foreign-
Trade Zones Board:
F.R. Date Document
10-04-19 Foreign-Trade Zone 23—Buffalo, New York; Notification of Proposed Produc-tion Activity; Panasonic Solar North America (Crystalline Silicon Photovoltaic Solar Panels/Modules and Cells); Buffalo, New York [B–60–2019]
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F.R. Date Document
10-08-19 Foreign-Trade Zone 155— Calhoun/Victoria Counties, Texas; Notification of Proposed Production Activity; Caterpillar, Inc. (Tractors and Forestry Ma-chines); Victoria, Texas [B–61–2019]
10-11-19
Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Authorization of Limited Production Activity; Teijin Carbon Fibers, Inc. (Polyacrylonitrile-Based Carbon Fiber) Greenwood, South Carolina [B-38-2019]
Foreign-Trade Zone 141 – Rochester, New York Notification of Proposed Pro-duction Activity Eastman Kodak Company (One-Time Use Cameras) Roches-ter, New York [B-62-2019]
10-17-19
Foreign-Trade Zone 8 – Toledo, Ohio; Application for Production Authority; Ar-bor Foods Inc. (Blended Syrup); Toledo, Ohio [B-63-2019]
Foreign-Trade Zone 33 – Pittsburgh, Pennsylvania; Notification of Proposed Production Activity; Steelite International USA, Inc. (Hospitality Industry Serve-ware); New Castle, Pennsylvania [B-64-2019]
10-21-19 Foreign-Trade Zone 26—Atlanta, Georgia; Notification of Proposed Production Activity; Ricoh Electronics, Inc. (Thermal Paper and Film); Lawrenceville and Buford, Georgia [B-65-2019]
10-25-19
Foreign-Trade Zone 186 – Waterville, Maine; Application for Subzone Expan-sion; Flemish Master Weavers, Sanford, Maine [S-215-2019]
Foreign-Trade Zone 100 – Dayton, Ohio; Authorization of Limited Production Activity; Whirlpool Corporation (Small Appliances) Greenville, Ohio [B-40-2019]
Foreign-Trade Zone 176 – Rockford, Illinois; Authorization of Production Activ-ity; Staal & Plast USA, Inc. (Irrigation Trays) Sycamore, Illinois [B-43-2019]
Foreign-Trade Zone 92 – Gulfport, Mississippi; Authorization of Production Ac-tivity; Vision Technologies Marine, Inc. (Ocean Going-Vessels: Compensators), Pascagoula, Mississippi [B-42-2019]
10-29-19
Foreign-Trade Zone 122 – Corpus Christi, Texas; Notification of Proposed Pro-duction Activity; Cheniere Energy, Inc. (Liquified Natural Gas Processing), Port-land, Texas [B-66-2019]
Foreign-Trade Zone 26 – Atlanta, Georgia; Notification of Proposed Production Activity; Kubota North America Corporation (Agricultural and Specialty Vehi-cles), Jefferson and Gainesville, Georgia [B-67-2019]
10-31-19 Approval of Subzone Status; Waterfront Enterprises, LLC; New Haven, Con-necticut [Order No. 2087]
EXPORT CONTROLS AND SANCTIONS
Commerce further restricts exports and reexports to Cuba
On October 21, 2019, the Bureau of Industry and Security (BIS), Commerce,
published in the Federal Register a final rule [Docket No. 191011–0062] amends
the Export Administration Regulations (EAR) to further restrict exports and reex-
ports of items to Cuba. Specifically, this rule amends the Cuba licensing policy in
the EAR to establish a general policy of denial for leases of aircraft to Cuban
state-owned airlines. This rule also amends License Exception Aircraft, Vessels
and Spacecraft (AVS) to clarify that aircraft and vessels are not eligible for the li-
cense exception if they are leased to or chartered by a national of Cuba or a
State Sponsor of Terrorism. Additionally, this rule amends the EAR to establish a
general 10-percent de minimis level for Cuba. Finally, this rule revises License
Exception Support for the Cuban People (SCP) to make the Cuban government
and communist party ineligible for certain donations, removes an authorization
for promotional items that generally benefits the Cuban government, and clarifies
the scope of telecommunications items that the Cuban government may receive
without a license. BIS is making these amendments to further restrict the Cuban
government’s access to items subject to the EAR, thereby supporting the Admin-
istration’s national security and foreign policy decision to hold the Cuban regime
accountable for its repression of the Cuban people and its support for the Maduro
regime in Venezuela; the Cuban regime denies its people fundamental freedoms
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while keeping Maduro in power using Cuban military intelligence and state secu-
rity services. These amendments are consistent with the National Security Presi-
dential Memorandum on Strengthening the Policy of the United States Toward
Cuba, signed by the President on June 16, 2017.: This rule is effective October
21, 2019. .
Commerce seeks comments on developing the Administration’s ap-proach to supporting economic recovery in Venezuela
On October 18, 2019, the International Trade Administration, Department of
Commerce published in the Federal Register a notice requesting comments on
ways the Administration can support economic recovery following leadership
transition in Venezuela. This request supplements on-going outreach the Admin-
istration is conducting with the private sector intended to inform its engagement
going forward. Comments should be received by 11:59 p.m. (EDT) on October
29, 2019.
US Government adds 28 Chinese entities associated with human rights violations and abuses
On October 9, 2019, the US Commerce Department’s Bureau of Industry and
Security (BIS) added 28 Chinese entities to the Entity List because they are ac-
cused by the US Government of being associated with human rights violations
and abuses against Uighurs, Kazakhs, and other members of Muslim minority
groups in the Xinijiang Uighur Autonomous Region (XUAR). All exports, reex-
ports, or in-country transfers of items (i.e., goods, software, technology) subject
to the Export Administration Regulations (EAR), including EAR99 items, are now
subject to a license requirement to such entities. The final rule also includes an
extensive list of aliases for these entities.
The Entity List designations appear to be the first time BIS has used the Entity
List as a tool against companies accused of human rights violations not other-
wise involving items subject to the EAR. These XUAR-related designations are
also part of an increasing use of the Entity List against Chinese companies this
year, including the addition of various Huawei entities to the Entity List (see our
previous blog post here) as well as Chinese companies involved in supercom-
puter development (see our previous blog post here).
This round of additions to the Entity List include:
Dahua Technology
Hikvision
IFLYTEK
Megvii Technology
Sense Time
Xiamen Meiya Pico Information Co. Ltd.
Yitu Technologies
Yixin Science and Technology Co. Ltd.
XUAR People’s Government Public Security Bureau, along with 18 of its subordi-nate municipal and county public security bureaus, and 1 other subordinate insti-tute
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As a result of the Entity List designations, no supplier — US or non-US, wherever
located — may export, reexport, or transfer (in country) any commodity, soft-
ware, or technology (“items”) subject to the EAR to the 28 Chinese entities un-
less authorized by a BIS license. BIS will review license applications involving
these 28 entities as follows:
On a case-by-case basis for Export Control Classification Numbers (“ECCNs”) 1A004.c, 1A004.d, 1A995, 1A999.a, 1D003, 2A983, 2D983, and 2E983.
On a case-by-case basis for items designated as EAR99 that are described in the Note to ECCN 1A995, which includes items for protection against chemical or biological agents that are consumer goods, packaged for retail sale or personal use, or medical products.
A presumption of denial applies for all other items subject to the EAR (including EAR99 items).
According to statements from the Commerce Department and US State Depart-
ment, these entities have been involved in a repressive campaign against mem-
bers of Muslim minority groups in the XUAR that includes mass detentions in in-
ternment camps, high-tech surveillance, draconian controls on expressions of
cultural and religious identities, and coercion of individuals to return from abroad
to China. In response, the State Department has also implemented visa re-
strictions on Chinese government and Communist Party officials believed to be
involved in the human rights abuses.
If you have any questions, please contact one of the authors: Alison J. Stafford
Powell, Alexandre (Alex) Lamy or Andrea Tovar, or any member of the US Out-
bound Trade team with whom you normally work.
Treasury publishes list of boycott countries
On October 10, 2019, the Department of the Treasury published in the Federal
Register a current list of countries which require or may require participation in,
or cooperation with, an international boycott (within the meaning of section
999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best infor-
mation currently available to Treasury, the following countries require or may re-
quire participation in, or cooperation with, an international boycott: Iraq, Kuwait,
Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates, and Yemen.
US Government removes Syria-related designations of Turkish Ministries and officials
On October 23, 2019, the US Treasury Department Office of Foreign Assets
Control (OFAC) announced that it had deleted two Turkish ministries and three
Turkish individuals from the list of Specially Designated Nationals and Blocked
Persons (“SDN List”). These five parties had been designated to the SDN List on
October 14, 2019 pursuant to Executive Order 13894 (EO 13894) for contributing
to Turkey’s military offensive in northern Syria. Please see our blog post regard-
ing EO 13894 here.
OFAC’s removal of these parties from the SDN List followed a statement from
President Trump that he had instructed the Secretary of the Treasury to lift all
sanctions imposed on Turkey on October 14th in response to the Government of
Turkey’s agreement to adhere to a permanent ceasefire. President Trump indi-
cated that sanctions targeting Turkey would be lifted, “unless something happens
that we’re not happy with.” There are no remaining SDNs designated pursuant to
EO 13894. The executive order itself remains in effect, however, thus providing
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the Secretary of Treasury with ongoing authority to designate individuals or enti-
ties under EO 13894.
Certain members of Congress have put forward their own sanctions proposals to
respond to the broader context of President Trump’s decision to withdraw US
troops from northern Syria, and the subsequent military operation by Turkey. This
week, the House is scheduled to consider a bipartisan bill (H.R. 4695) introduced
by House Foreign Affairs Committee Chairman Eliot Engel (D-NY) and Ranking
Member Michael McCaul (R-TX) that would impose sanctions against Tur-
key. The “Protect Against Conflict with Turkey Act” or “PACT Act” would sanction
senior Turkish officials and Turkish financial institutions involved in the defense
sector, prevent the sale of arms to Turkey for use in Syria, and require the Ad-
ministration to impose sanctions under the Countering America’s Adversaries
Through Sanctions Act (CAATSA) for Turkey’s purchase of Russian-made S-400
missile systems. OFAC resources on CAATSA can be found here and our blog
post on the passage of CAATSA can be found here.
Other pending legislative measures include:
the “Countering Turkish Aggression Act of 2019” ( 2644), a bipartisan bill led by
Sens. Lindsey Graham (R-SC) and Chris Van Hollen (D-MD) that would prevent the sale of arms to Turkey and apply sanctions on the U.S. assets of the Turkish political leadership, military transactions with Turkey, and the Turkish energy sec-tor, as well as impose CAATSA sanctions for Turkey’s purchase of the S-400;
a House companion measure (R. 4692) from Rep. Liz Cheney (R-WY) that cur-rently has 116 cosponsors; and
the “Promoting American National Security and Preventing the Resurgence of ISIS Act of 2019” (S. 2641), a comprehensive bipartisan measure by Senate For-eign Relations Committee Chairman James Risch (R-ID) and Ranking Member Robert Menendez (D-NJ) that would direct the President to oppose loans to Tur-key from international financial institutions, restrict arms sales to Turkey, and ap-ply sanctions on senior Turkish officials and persons providing arms to Turkish forces in Syria, as well as impose sanctions against Russia in connection with its support for President Assad.
Baker McKenzie is closely following the progress of these legislative measures.
If you have any questions, please contact the authors, Paul E. Amberg, Lise S.
Test or Callie Lefevre. The authors acknowledge the assistance of Bruce Lins-
kens in the preparation of this article.
US and EU authorize new sanctions targeting Turkey
[Ed. See above article on removal of designations on October 23, 2019]
On 14 October, the United States and European Union each adopted sanctions
measures targeting Turkey, in response to Turkey’s military offensive in northern
Syria. Subject to certain exceptions discussed further below, the US measures
under a new Syria-related Executive Order (“New Syria EO“) took effect immedi-
ately and authorize sanctions targeting parties engaging in certain Syria-related
activities, the Government of Turkey and Turkish Government officials, and cer-
tain sectors of the Turkish economy.
The EU measures are expected to come into effect shortly.
Blocking Authorities Under the New Syria EO
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The New Syria EO authorizes the US Government to “block,” or designate as a
Specially Designated National (“SDN”) any person determined to:
1. Be responsible for or complicit in, or to have attempted to engage in: (i) certain destabilizing actions or policies vis-à-vis Syria, or (ii) the commission of serious human rights abuses;
2. Be a current or former official of the Government of Turkey (“GOT”);
3. Be any subdivision, agency, or instrumentality of the GOT;
4. Operate in certain sectors of the Turkish economy as determined by the US Treasury and State Departments;
5. Have materially assisted, sponsored, or provided financial, material, or techno-logical support for, or goods or services to or in support of, any SDNs designated pursuant to the New Syria EO; or
6. Be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any SDNs designated pursuant to the New Syria EO.
Secondary Sanctions Authorities Under the New Syria EO
Secondary Sanctions Targeting Activities of Non-US Persons.
The New Syria EO also authorizes the imposition of secondary sanctions, in-
cluding designation as an SDN or other less severe menu-based sanctions,
on non-US persons determined to be:
1. Involved in certain military and political activities in northern Syria, including activ-ities targeting Syrian refugees; or
2. Directly or indirectly involved in the expropriation of property in Syria.
Secondary Sanctions Targeting Activities of Foreign Financial Institu-
tions.
Foreign financial institutions determined to have knowingly facilitated signifi-
cant financial transactions for or on behalf of SDNs designated pursuant to
the New Syria EO can be restricted from maintaining correspondent or paya-
ble-through accounts in the United States.
The US Government has not imposed any secondary sanctions to date.
Designations Pursuant to the New Syria EO
Simultaneously with the issuance of the New Syria EO, the US Department of the
Treasury’s Office of Foreign Assets Control (OFAC) designated as SDNs the fol-
lowing Turkish entities and individuals:
The Turkish Ministry of Energy and Natural Resources
The Turkish Ministry of National Defense
The Turkish Minister of Defense Hulusi Akar
The Turkish Minister of Interior Suleyman Soylu
The Turkish Minister of Energy Fatih Donmez
US Persons (i.e., US companies and their non-US branches, US citizens and
permanent resident aliens, and any person physically located in the United
States) are now prohibited from doing any business with such persons and any
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entities they own 50% or more. At this stage, it is not yet clear which entities
may be owned 50% or more by the Turkish Ministries of Defense and Energy,
nor has OFAC issued any authorizations for transactions or activities that may in-
volve certain regulatory functions of these newly-sanctioned entities.
Non-US persons may be subject to the imposition of “secondary” sanctions if
they provide material support to or act for or on behalf of these newly-designated
parties. This collateral designation risk is separate and in addition to the second-
ary sanctions authorized under the New Syria EO, as described above. As of to-
day, no secondary sanctions have been imposed on non-US persons.
General Licenses Issued in Connection with the New Syria EO
Concurrently, OFAC issued three General Licenses (“GLs”) authorizing certain
activities by US Persons that are otherwise prohibited under the New Syria
EO. The New Syria EO GLs are summarized below:
Wind Down of Transactions with the Turkish Defense and Energy Ministries.
General License 2 authorizes all transactions and activities that are ordinar-ily incident and necessary to the wind down of operations, contracts, or other agreements involving the Turkish Ministry of National Defense or the Turkish Ministry of Energy and Natural Resources, or entities in which these minis-tries own a 50% or greater interest, that were in effect prior to October 14, 2019. All wind down transactions must be completed by November 13, 2019.
Official Business of the US Government and United Nations.
General License 1 authorizes all transactions and activities that are for the conduct of official US Government business by employees, grantees, or con-tractors thereof.
General License 3 authorizes all transactions and activities involving the Turkish Ministry of National Defense or the Turkish Ministry of Energy and Natural Resources, or entities in which these ministries own a 50% or greater interest, that are for the official business of the United Nations, its Programmes and Funds, and its Specialized Agencies and Related Organi-zations.
Although the General Licenses apply as a legal matter only to US Persons,
OFAC has previously advised in the context of other sanctions programs that if a
transaction is authorized as to US Persons, a non-US person would not face sec-
ondary sanctions risks for engaging in the same transaction. Thus, to the extent
non-US persons are involved in a transaction or activity covered by one of the
General Licenses described above, there would be no secondary sanctions risks
so long as the relevant GL remains in effect.
The New Syria EO, General Licenses, and additional information about the
newly-sanctioned SDNs are available here.
EU Measures
At a meeting of the EU’s Foreign Affairs Council on 14 October, the Council
adopted conclusions intended to target both: (i) Turkey’s activities in northern
Syria, and (ii) Turkish drilling activities in the eastern Mediterranean.
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The EU’s Member States agreed to “commit to strong national positions regard-
ing their arms export policy“. A further meeting has been scheduled for later this
week in order to co-ordinate Member States’ arms licensing policies.
While the EU’s position falls short of a full arms embargo, a number of EU Mem-
ber States, including France, and Germany and Sweden, have imposed national
arms embargoes against Turkey. The UK has announced that it is reviewing all
export licences to Turkey, and that it will not grant further export licences “for
items which might be used in military operations in Syria” while that review is on-
going.
Other Member States may either impose embargoes themselves, or take a sig-
nificantly stricter approach toward approving export licences concerning military
items, and for other items intended for a military end-use.
The relevant Council conclusions are available here.
The Council also adopted measures in response to Turkish hydrocarbon drilling
activities in the Eastern Mediterranean. As its initial response, the EU suspended
high-level intergovernmental contacts (including negotiations on an air transport
agreement) in July 2019.
The EU has now agreed to adopt a sanctions framework, comprising asset
freezes and travel bans targeting “natural and legal persons responsible for or in-
volved in the illegal drilling activity of hydrocarbons in the Eastern Mediterra-
nean“. Neither the legislation nor the prospective list of restricted parties has
been published. We expect these to be made available soon.
The relevant Council conclusions are available here.
If you have any questions, please contact one of the authors: Ross L. Den-
ton, Nicholas F. Coward, Inessa Owens, Laura Klick and Andrew Rose.
OFAC re-issues and extends several Venezuela-related General Li-censes
October 30, 2019 by Nicholas F. Coward, Alexandre (Alex) Lamy and Meghan
Hamilton
On October 17, 2019, the US Treasury Department’s Office of Foreign Assets
Control (“OFAC”) re-issued and amended as General License No. 13D (“GL
13D”) to continue the validity period for transactions concerning Nynas AB and its
affiliates (“Nynas”), as further described below. In addition, on October 21, 2019,
OFAC re-issued as General License No. 8D (“GL 8D”) to continue the validity pe-
riod certain maintenance activities involving Petróleos de Venezuela S.A.
(“PdVSA”) where certain entities are involved, as further described below. Fi-
nally, on October 24, 2019, OFAC re-issued and amended as General License
No. 5A (“GL 5A”) to prohibit dealings or payments for three months related to a
specific PdVSA bond. Our blog post regarding previous amendments to these
GLs is available here.
GL 13D
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This further extends the validity period of GL 13 authorizing transactions and activities with Nynas that would otherwise be prohibited under Executive Or-der 13850 (“EO 13850”) or Executive Order 13884 (“EO 13884”) given Nynas’s 50% ownership by PdVSA.
This authorization was extended through 12:01 EST on April 14, 2020 (pre-
viously GL 13C was valid through October 24, 2019).
GL 13D now also includes paragraph (c)(3), which clarifies that it does not authorize US Persons to engage in, directly or indirectly, transactions by Nynas that relate to purchases of Venezuelan-origin petroleum or petroleum products, which was already the case given the involvement of other PdVSA entities in such transactions. By its terms, this new provision does not extend to dealings in Nynas products that may be based on Venezuelan-origin pe-troleum or petroleum products.
GL 8D
This extends the validity period of the authorization for transactions and ac-tivities that are ordinarily incident and necessary to operations in Venezuela involving PdVSA or its 50%-or-more owned subsidiaries that are otherwise prohibited by EO 13850 and 13884 where the underlying agreement was in effect prior to July 26, 2019 for the following entities and their subsidiaries: Chevron Corporation; Halliburton; Schlumberger Limited; Baker Hughes; and Weatherford International.
This authorization was extended through 12:01 EST on January 22, 2020 (previously GL 8C was valid through October 24, 2019).
GL 5A
GL 5 previously authorized US Persons to deal with or make payments re-lated to the PdVSA 2020 8.5 Percent Bond. With GL 5A, OFAC is prohibiting such dealings or payments through January 21, 2020.
In an FAQ issued along with GL 5A, OFAC explained that it made this change to address the risk that a failure for PdVSA to make an interest pay-ment related to PdVSA 2020 8.5 Percent Bond during this period could “af-fect the ability to enforce bondholder rights to the CITGO shares serving as collateral for the Petróleos de Venezuela, S.A. (PdVSA) 2020 8.5 percent bond.”
OFAC’s FAQ also explains that, under GL 5A, “transactions related to the sale or transfer of CITGO shares in connection with the PdVSA 2020 8.5 percent bond are prohibited, unless specifically authorized by OFAC.”
Authors: Nicholas F. Coward, Alexandre (Alex) Lamy and Meghan Hamilton.
OFAC sanctions Gupta family in South Africa for their involvement in corruption
On October 10, 2019, the US Treasury Department’s Office of Foreign Assets
Control (OFAC) designated Ajay Gupta, Atul Gupta, Rajesh Gupta, and Salim
Essa of South Africa (“the Guptas”) as Specially Designated Nationals (“SDNs”).
The Guptas and their business associate, Essa, were designated in connection
with their involvement in corruption under Executive Order 13818 (EO 13818),
which implements and expands upon the sanctions authorities set out in the
Global Magnitsky Human Rights Accountability Act. The designation of the Gup-
tas and Essa as SDNs represents one of the most high-profile applications of the
corruption-related sanctions provision of EO 13818 to date.
OFAC stated that the Guptas and Essa were members of a significant corruption
network that leveraged overpayments on government contracts, bribery, and
other corrupt acts to influence actions taken by the government of South Africa,
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in particular by facilitating their capture of government contracts and misappropri-
ation of state assets. As a result of their designation as SDNs, all four individuals’
property and the property of any entities that are owned 50 percent or more by
them, which are in the United States or in the possession or control of a US per-
son, are now blocked.
The South African Department of Justice (“SA DOJ”) released a positive media
statement in response to the OFAC designations, noting their long history of co-
operation with United States law enforcement agencies. SA DOJ similarly con-
firmed having expedited attempts to extradite the Guptas to South Africa, where
they are yet to face criminal charges. The Guptas have allegedly been based in
the United Arab Emirates since being forced to close their businesses in South
Africa.
Authors: Kerry B. Contini, Darryl Bernstein, Lise S. Test and Daniel Andreeff
OFAC issues amended Venezuela-related general licenses to ex-tend validity periods for dealings in bonds and securities
On September 30, 2019, the Office of Foreign Assets Control (OFAC) amended
two Venezuela-related general licenses (GLs), re-issued as General License
3G (GL 3G) and General License 9F (GL 9F), to extend the authorization for
dealings in certain bonds and other securities, as further outlined below. Our
blog post regarding previous amendments to these GLs is available here.
GL 3G was amended to extend the validity period of the authorization for trans-actions and activities that are ordinarily incident and necessary to the wind down of financial contracts or other agreements that were entered into prior to 4:00 p.m. EST on February 1, 2019 and involving bonds listed in the annex to GL 3G. This wind-down authorization was extended through March 30, 2020 (previously,
it was valid through September 30, 2019).
Otherwise, the authorizations contained in GL 3G remain the same. US Persons can continue to (i) engage in transactions related to, provide financing for, and otherwise deal in bonds that are specified in the annex to GL 3G provided that any divestments or transfer of, or facilitation of divestment or transfer of, any holdings in those bonds are to a non-US person; (ii) deal in bonds issued prior to the effective date of Executive Order 13808 by US Person entities owned or con-trolled, directly or indirectly, by the Government of Venezuela (e.g., CITGO Hold-ing, Inc.); and (iii) engage in all transactions ordinarily incident and necessary to facilitating, clearing, and settling trades of holdings in bonds specified in the an-nex to GL 3G, provided that such trades were placed prior to 4:00 p.m. EST on February 1, 2019.
GL 9F was also amended to extend the validity period of the authorization for transactions and activities that are ordinarily incident and necessary to the wind down of financial contracts or other agreements that were entered prior to Janu-ary 28, 2019 at 4:00 p.m. EST involving or linked to securities issued by Petró-leos de Venezuela, S.A. (“PdVSA”) or any entity owned 50% or more by PdVSA (but not those entities less than 50% owned but still controlled by PdVSA) issued prior to August 25, 2017. This wind-down authorization was extended through March 30, 2020 (previously, it was valid through September 30, 2019).
Otherwise, the authorizations included in GL 9F remain the same, i.e., US Per-sons can also continue to engage in (i) transactions that are ordinarily incident and necessary to dealings in PdVSA securities issued prior to August 25, 2017 provided that any divestment or transfer of, or facilitation of divestment or transfer of, any holdings in such securities must be to a non-US person; (ii) transactions that are ordinarily incident and necessary to dealing in bonds including those listed in the annex to GL 9F.; and (iii) facilitation, clearing, and settlement of transactions to divest PDVSA securities to non-US persons.
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Authors: Terence Gilroy, Inessa Owens and Meghan Hamilton.
Restrictive measures and additions to OFAC, State BIS blocking or-ders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing per-
sons (including entities) to/from restrictive measures lists were published in the
Federal Register by the Office of Foreign Assets Control (OFAC) or by the State
Department (State) or the Bureau of Industry and Security (BIS):
F.R. Date Applicable orders
10-02-19 OFAC: Notice of OFAC Sanctions Actions (N) [3 entities]
10-04-19 OFAC: Notice of OFAC Sanctions Actions (N) [7 individuals; 4 entities; 3 air-craft; 1 vessel, 1 additional individual updated]
10-09-19 BIS: Addition of Certain Entities to the Entity List [Docket No. 190925–0044] (FR) [28 entities]
10-11-19 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals, 1 entity, 5 vessels]
10-16-19 OFAC: Notice of OFAC Sanctions Action (N) [1 entity, 1 individual]
10-21-19 OFAC: Notice of OFAC Sanctions Actions (N) [3 individuals, 16 entities]
10-31-19
OFAC: Notice of OFAC Sanctions Actions [Case ID GLOMAG–15684] (N) [1 individual]
OFAC: Notice of OFAC Sanctions Actions (N) [4 individuals]
OFAC: Notice of OFAC Sanctions Actions (N) [2 individuals, 6 entities]
OTHER COVERAGE
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCE-
MENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOME-
LAND SECURITY; STATE=DEPARTMENT OF STATE.
[Note: Only meetings which occur after scheduled distribution of this Update are listed.]
F.R. Date Subject
10-01-19 FINANCIAL CRIMES ENFORCEMENT NETWORK (FINCEN): Inflation Adjustment of Civil Monetary Penalties; Correction (FR/C) [see 10-04-19 below]
10-02-19 STATE: Cultural Property Advisory Committee Meeting October 29–30, 2019
10-04-19 FINANCIAL CRIMES ENFORCEMENT NETWORK (FINCEN): Inflation Adjustment of Civil Monetary Penalties; Correction (FR/C)
10-07-19 STATE: Notification of the Thirteenth CAFTA-DR Environmental Affairs Council Meeting (N) [Miami, FL, Nov. 13-14, 2019]
10-08-19
FINCEN: Renewal Without Change of Information Collection Requirements in Connection With the Imposition of a Special Measure Concerning Banco Delta Asia, Including Its Subsidiaries Delta Asia Credit Limited and Delta Asia Insur-ance Limited, as a Financial Institution of Primary Money Laundering Concern [OMB Control No. 1506–0045]
10-10-19 FINCEN: Financial Crimes Enforcement Network; Inflation Adjustment of Civil Monetary Penalties (FR)
10-15-19
HOMELAND SECURITY: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Deadline for No Longer Accepting Non-Compliant Driver’s Licenses and Identification Cards for Official Purposes [Docket No. DHS–2006–0030] (FR)
10-22-19 BIS: Information Systems Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [Nov. 6-7, 2019]
10-28-19 ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [Nov. 12. 2p019]
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F.R. Date Subject
ITA: America Crece Industry Roundtable and Request for Public Comment (N/H/RFC) [Nov. 6, 2019]
ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public Meeting (N/H) [Nov. 19, 2019]
10-30-19 BIS: Transportation and Related Equipment Technical Advisory Committee; No-tice of Partially Closed Meeting (N/H) [Nov. 13, 2019]
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety
Commission (CPSC) documents which may be of interest to importers were pub-
lished Federal Register during the past month:
F.R. Date Subject
10-09-19 CPSC: Children’s Toys and Child Care Articles: Determinations Regarding ASTM F963 Elements and Phthalates for Unfinished Manufactured Fibers [Docket No. CPSC–2019–0023] (PR)
10-11-19 CPSC: Resubmission of Petition Requesting Approval of Vacuum Diffusion Technology as an “Other System” under the Virginia Graeme Baker Pool and Spa Safety Act [Docket No. CPSC-2019-0024 (N/RFC)
10-23-19 CPSC: Revisions to Safety Standards for Non-Full-Size Baby Cribs and Play Yards [Docket No. CPSC-2019-0025] (FR)
10-25-19 CPSC: Revisions to Safety Standard for Toddler Beds [Docket No. CPSC-2017-0012] (FR)
10-30-19 FTC: Energy Labeling Rule (FR)
FDA Federal Register documents
The FDA has posted the following Federal Register guides, notices or documents
which may be of interest to international traders:
F.R. Date Subject
10-18-19
Health Canada and United States Food and Drug Administration Joint Regional Consultation on the International Council for Harmonisation of Technical Re-quirements for Pharmaceuticals for Human Use; Public Meeting; Request for Comments [Docket No. FDA-2019-N-0444] (N/H/RFC)
10-25-19 Drug Products Labeled as Homeopathic; Draft Guidance for Food and Drug Ad-ministration Staff and Industry [Docket No. FDA-2017-D-6580] (N)
10-28-19 Food Labeling: Calorie Labeling of Articles of Food Sold from Certain Vending Machines; Front of Package Type Size [Docket No. FDA-2011-F-0171] (FR)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS)
and other US Department of Agriculture (USDA) agencies issued the following
Federal Register notices during the past month which may be of interest to inter-
national traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Ser-
vice, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Ser-
vice]:
F.R. Date Subject
10-01-19
AMS: National Organic Program; Origin of Livestock [Document Number AMS–NOP–11–0009; NOP–11–04PR] (PR/RO)
AMS: U.S. Standards for Grades of Apples [Document Number AMS–SC–18–0055, SC– 18–330] (FR)
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F.R. Date Subject
10-08-19 AMS: National Organic Program: USDA Organic Regulations [Document Num-ber AMS–NOP–19–0035; NOP–18–05] (2019 Sunset Review and substance re-newals.)
10-15-19 AMS: Cotton Board Rules and Regulations: Adjusting Supplemental Assess-ment on Imports (2019 Amendments) [Doc. # AMS–CN–19–0007] (FR)
10-17-19
APHIS: Determination of the Foot-and-Mouth Disease Status of Singapore [Docket No. APHIS-2018-0043] (N)
APHIS: Notice of a Determination Regarding the Fever Tick Status of the State of Baja California, Mexico [Docket No. APHIS-2018-0030] (N)
APHIS: Decision to Authorize the Importation of Fresh Guava from Taiwan into the Continental United States [Docket No. APHIS-2018-0073] (N)
10-18-19 AMS: National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances per October 2018 NOSB Recommendations (Crops and Handling) [Document No. AMS-NOP-19-0023; NOP-19-01] (PR)
10-23-19 AMS: National Organic Program; Amendments to the National List of Allowed and Prohibited Substances per April 2018 NOSB Recommendations (Crops and Handling) [Document Number AMS-NOP-18-0051; NOP-18-02] (FR)
10-25-19
AMS: Grapes Grown in Designated Area of Southeastern California and Im-ported Table Grapes; Removing Varietal Exemptions; Withdrawal [Doc. No. AMS-SC-16-0009; SC16-925-2] (PR/W)
APHIS: Concurrence with OIE Risk Designations for Bovine Spongiform En-cephalopathy [Docket No. APHIS-2019-0053] (N) [Ecuador and Serbia]
Additional Federal Register documents
The following Federal Register documents which may be of interest to interna-
tional traders were published during the past month by various Federal agencies:
F.R. Date Subject
10-02-19
DEPARTMENT OF DEFENSE (DOD), GENERAL SERVICES ADMINISTRATION (GSA), AND
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA): Federal Acquisition Regulation: Increased Micro-Purchase and Simplified Acquisition Thresholds; 2018–004 [FAR Case 2018–004; Docket No. FAR– 2018–0011, Sequence No. 1] (PR)
DoD, GSA, NASA: Federal Acquisition Regulation: Lowest Price Technically Acceptable Source Selection Process [FAR Case 2018–016; Docket No. FAR– 2018–0016, Sequence No. 1] (PR)
ENERGY: Energy Conservation Program: Decision and Order Granting a Waiver to Johnson Controls, Inc. From the Department of Energy Central Air Condi-tioners and Heat Pumps Test Procedure (N/O)
ENVIRONMENTAL PROTECTION AGENCY (EPA): Sodium Lauryl Sulfate; Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–2018–0763; FRL–9999–81] (FR)
10-03-19
ENERGY: Energy Conservation Program: Test Procedures for Clothes Dryers [EERE–2014–BT–TP–0034] (E)
ENERGY: Energy Conservation Program: Energy Conservation Standards for Residential Clothes Washers [EERE–2017–BT–STD–0014] (RO)
EPA: Furilazole; Pesticide Tolerances [EPA–HQ–OPP–2018–0243; FRL–10000–23] (FR)
EPA: Nicotinamide; Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–2017; FRL–9994–70] (FR)
EPA: Poly(oxy-1,2-ethanediyl), α-(3-(1,3,3,3- tetramethyl-1-((trimethylsilyl) oxy) disiloxanyl) propyl)-w-hydroxy-; Exemption From the Requirement of a Toler-ance [EPA–HQ–OPP–2019–0138; FRL–9999–72] (fr)
10-04-19 GSA: Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties In-flation Adjustment [FPMR Case 2019–101–1; Docket No. GSA– FPMR–2019–0010; Sequence No. 1] (FR)
10-07-19 EPA: Chlorantraniliprole; Pesticide Tolerances [EPA-HQ-OPP-2018-0656; FRL-9999-54] (FR)
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F.R. Date Subject
EPA: Clothianidin; Pesticide Tolerance for Emergency Exemptions [EPA-HQ-OPP-2019-0141; FRL-9996-15] (FR)
EPA: Cyromazine; Pesticide Tolerances [EPA-HQ-OPP-2018-0286; FRL-9999-57] (FR)
EPA: Thiamethoxam; Pesticide Tolerances for Emergency Exemptions [EPA-HQ-OPP-2018-0779; FRL-9996-14] (FR)
LABOR DEPARTMENT: Child Labor, Forced Labor, and Forced or Indentured Child Labor in the Production of Goods in Foreign Countries and Efforts by Certain Foreign Countries to Eliminate the Worst Forms of Child Labor [Agency Docket Number DOL-2019-0005] (N/RFI)
10-09-19
NATIONAL MARINE FISHERIES SERVICE (NMFS), NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION (NOAA): Endangered and Threatened Wildlife and Plants: Proposed Rule To Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales [Docket No. 190925–0039] (PR/RFC)
10-10-19
EPA: Indaziflam; Pesticide Tolerances [EPA–HQ–OPP–2018–0561; FRL–9999–70] (FR)
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standard No. 111, Rear Visibility [Docket No. NHTSA–2018–0021] (ANPR)
10-15-19
NMFS, NOAA: Inspection and Certification of Establishments and Fishery Products for Human Consumption [Docket No. 191001–0050] (ANPR)
EXPORT-IMPORT BANK OF THE US: Review of Proposed Guidelines for Assessing Additionality Related To Providing EXIM’s Support for Medium and Long Term Export Transactions; Extension of Comment Period (N/E)
10-17-19
US-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: Notice of open public event [to release 2019 Annual Report to Congress] [November 14, 2019]
NOAA/NMFS: Endangered and Threatened Wildlife and Plants: Proposed Rule To Designate Critical Habitat for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales and Pro-posed Rule To Revise Critical Habitat for the Southern Resident Killer Whale Distinct Population Segment, Public Hearings [Docket No. 190925–0039 and 190829–0020] (PR/H)
10-22-19 EPA: Energy Conservation Program: Energy Conservation Standards for Fluo-rescent Lamp Ballasts [EERE-2015-BT-STD-0006] (P/RFC)
10-23-19 DRUG ENFORCEMENT ADMINISTRATION (DEA): Management of Quotas for Con-trolled Substances and List I Chemicals [Docket No. DEA-455] (PR)
10-25-19
DEA: Schedules of Controlled Substances: Placement of Cyclopropyl Fentanyl, Methoxyacetyl fentanyl, ortho-Fluorofentanyl, and para-Fluorobutyryl Fentanyl in Schedule I [Docket No. DEA- 507] (F
EPA: Fenbuconazole; Pesticide Tolerances [EPA-HQ-OPP-2018-0300; FRL-9999-58] (FR)
EPA: Pendimethalin; Pesticide Tolerances [EPA-HQ-OPP-2018-0619; FRL-10000-06] (FR)
EPA: Sulfoxaflor; Pesticide Tolerances [EPA-HQ-OPP-2018-0599; FRL-9998-88] (FR)
10-28-19
EPA: Mandipropamid; Pesticide Tolerances [EPA-HQ-OPP-2019-0062; FRL-9999-56] (FR)
EPA: Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (September 2019) [EPA-HQ-OPP-2019-0041; FRL-10001-11] (N/RFC)
EPA: Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021, and Response to the Remand of the 2016 Standards; Supplemental Notice of Proposed Rulemaking [EPA-HQ-OAR-2019-0136; FRL-10001-36-OAR] (PR)
10-29-19 TRANSPORTATION / FAA, OS, SLSDC, MARAD, PHMSA, FRA, NHTSA, FMCSA: Revisions to Civil Penalty Amounts – Correction (N/C/FR)
10-30-19 DEA: Schedules of Controlled Substances: Extension of Temporary Placement of FUBAMB in Schedule I of the Controlled Substances Act [Docket No. DEA-472a] (TR/E)
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F.R. Date Subject
DEA: Schedules of Controlled Substances: Placement of FUB-AMB in Sched-ule I [Docket No. DEA-472] [PR]
EPA: Anthraquinone; Pesticide Registration Review; Docket Opened for Re-view and Comment [EPA-HQ-OPP-2017-0326; FRL-9997-28] (N)
ANTIDUMPING AND SUBSIDIES
Commerce seeks information on softwood lumber subsidy pro-grams
On October 17, 2019, the International Trade Administration, Department of
Commerce published in the Federal Register a document [Docket No. ITA-2019-
0007] seeking public comment on any subsidies, including stumpage subsidies,
provided by certain countries exporting softwood lumber or softwood lumber
products to the United States during the period January 1, 2019, through June
30, 2019.
Section 805 of Title VIII of the Tariff Act of 1930 (the Softwood Lumber Act of
2008), mandates that the Secretary of Commerce submits to the appropriate
Congressional committees a report every 180 days on any subsidy provided by
countries exporting softwood lumber or softwood lumber products to the United
States, including stumpage subsidies. Commerce submitted its last subsidy re-
port on July 1, 2019. As part of its newest report, Commerce intends to include a
list of subsidy programs identified with sufficient clarity by the public in response
to this notice.
Given the large number of countries that export softwood lumber and softwood
lumber products to the United States, Commerce is soliciting public comment
only on subsidies provided by countries which had exports accounting for at least
one percent of total US imports of softwood lumber by quantity, as classified un-
der Harmonized Tariff Schedule of the United States (HTSUS) codes 4407.1001,
4407.1100, 4407.1200, 4407.1905, 4407.1906, 4407.1910, during the period
January 1, 2019, through June 30, 2019. Official US import data published by the
United States International Trade Commission’s DataWeb indicate that four
countries (Brazil, Canada, Germany, and Sweden) exported softwood lumber to
the United States during that time period in amounts sufficient to account for at
least one percent of US imports of softwood lumber products. Commerce intends
to rely on similar previous six-month periods to identify the countries subject to
future reports on softwood lumber subsidies.
Comments must be submitted within 30 days after publication of the notice.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
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Asia-Pacific
[Please note that material pertaining to the Eurasian Economic Union (EAEU)
and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the
Kyrgyz Republic is shown under EUROPE.]
AUSTRALIA
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
CHINA (INCLUDING HONG KONG SAR)
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of
Customs (GAC) notices were posted during the period covered by this Update
(mm-dd-yy):
Date Series and № Subject
09-27-19 National Health and Safety Commission, the GAC № 152/2019
New Food Raw Materials License and other two types of regulatory documents exiting the port inspection related matters)
10-08-19 GAC № 153 Quarantine Requirements for Imported Fresh Coconut Dates in Egypt
10-12-19 Min. Ag. and GAC №
154 Preventing the introduction of piglets from East Timor, Africa
10-14-19 GAC № 155 Matters related to electronic information networking in Singapore, China
10-16-19
GAC № 156 Inspection and Quarantine Requirements for Imported Vietnamese Dairy
GAC № 157 Implementation of the Adoption Facilitation Measures for the Promotion of Imported Auto Parts Products
10-28-19 China-Shanghai Cooperation Organization's overall plan for the construction of local economic and trade coopera-tion demonstration zones
10-30-19 Business and Trade Letter [2019] No. 335
Notice of the General Administration of Customs, the General Office of the Ministry of Commerce, Public Safety on matters related to accelerating the export of used cars
10-31-19
MOFCOM 47/2019 2020 Total Export Quota of Goods
MOFCOM 45/2019 2020 Total Import Tariff Quota for Fertilizers, Distribution Principles and Related Procedures
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
Hong Kong Trade and Industry Department (TID) notices
Note: As a courtesy to importers, the Trade and Industry Department translates
and reproduces Mainland Chinese trade notices from many agencies in addition
to its own notices (dd-mm-yy).
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Date Matter
08-10-19 Strategic Trade Controls № 8/2019 Air Transhipment Cargo Exemption Scheme for Specified Strategic Commodities Registration for 2020
17-10-19 748/2019 Mainland of China : Implementation Rules on Import Tariff Rate Quo-tas for Sugar, Wool and Wool Tops in 2020
21-10-19 757/2019 The Mainland of China : Notice Concerning Regulatory Adjustments on Weight Authentication for Imported Bulk Commodities
25-10-19
773/2019 The Mainland of China : Notice Concerning Tax policies for Civil Avia-tion Engines, New Regional Aircraft and Large Passenger Aircraft
774/2019 The Mainland of China : List of the General Administration of Customs on Designated Regulatory Sites for Imported Timber
775/2019 The Mainland of China : Public Consultation on "Implementation Rules Related to Plant Quarantine Regulations (Agricultural Part) (Revised Draft for Consultation)"
777/2019 The Mainland of China : "Notice on Imminent Expiration of Certain Anti-dumping Measures in 2020"
29-10-19
Certificate of Origin Circular No. 13/2019 - Commercial Information Circular No. 779/2019; Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA) Agreement on Trade in Goods (The Agreement) Request for Revisions to CEPA Rules of Origin (ROO)
INDIA
Material in this section and the India Antidumping Countervailing Duty and Safe-
guards Investigations section was prepared by Sonia Gupta of Ashok Dhingra
Associates, Attorneys at Law, Gurgaon (Haryana), India
Other CBIC and DGFT notifications, circulars and instructions
Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of
Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instruc-
tions during the period covered by this Update:
Date Series and № Subject
CBIC Non-Tariff Notifications
01-10-19
69/2019-Cus (NT) Manufacture and Other Operations in Warehouse (no. 2) Regulations, 2019 notified in supersession of the Manufac-ture and Other Operations in Warehouse Regulations, 2019
70/2019-Cus (NT) Amends Warehouse (Custody and Handling of Goods) Regulations, 2016
71/2019-Cus (NT) Amends Warehoused Goods (Removal) Regulations, 2016
09-10-19
73/2019-Cus (NT) Amends Courier Imports and Exports (Clearance) Regula-tions, 1998
74/2019-Cus (NT) Amends Courier Imports and Exports (Electronic Declara-tion and Processing) Regulations, 2010
15-10-19 75/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver
18-10-19 77/2019-Cus (NT) New route added for Bolanganj Land Custom Station, Khasi Hills district for import or export of goods to and from Bang-ladesh
31-10-19
78/2019-Cus (NT) Amends the Sea Cargo Manifest and Transhipment Regula-tions, 2018
79/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver
CBIC Tariff Notifications
No CBIC Tariff Notifications
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Date Series and № Subject
CBIC Circulars
01-10-19
34/2019-Cus Clarifies procedure for manufacturing or other operations undertaken in bonded warehouses under Section 65 of the Customs Act, 1962
35/2019-Cus Reiterates prohibition on import and export of Electronic Cigarettes
31-10-19 36/2019-Cus Special Notified Zone (SNZ) set up at Gujarat Hira Bourse, Ichhapore Surat for import, trading & re-export of rough dia-monds by notified entities
CBIC INSTRUCTIONS
11-10-19 04/2019-Cus
Clarification on inclusion of cesses, surcharge, duties, etc. levied and collected under legislations other than Customs Act, 1962, Customs Tariff Act, 1975 or Central Excise Act, 1944 in Brand Rate of duty drawback
DGFT Notifications
11-10-19
23/2015-2020
Import policy for import of Technical Grade Urea for non-ag-ricultural purpose, industrial use/ NPK manufacturing to be Free. M/s Rashtriya Chemicals & Fertilizers (RCF) desig-nated as State Trading Enterprise (STE) for import of Urea on Government account
24/2015-2020 Prohibits import of Indian National Flag not adhering to specifications prescribed under Part – I, Section 1.2 of Flag Code of India, 2002
18-10-19 25/2015-2020
Para 2.15 A added to the Foreign Trade Policy (FTP) providing for obligation on a firm/ company being adjudi-cated by the National Company Law Tribunal (NCLT) to provide information such as outstanding export obligations/ liabilities under the schemes of the FTP
24-10-19 26/2015-2020 Prohibits import of PET flakes made from used PET bottles in addition to existing prohibition on import of PET bottle waste / scrap
28-10-19 27/2015-2020 Allows export of specified quantity of Bangalore Rose Onion until 30 November, 2019
DGFT Public Notices
18-10-19 39/2015-2020 New provisions incorporated in Hand Book of Procedures for operational modalities to be followed for cases referred to National Company Law Tribunal (NCLT)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
NEW ZEALAND
Continuation of certain goods’ import or export restrictions
On 1 October 2019, several statutory changes came into effect which continue
existing restrictions on certain imports or exports.
Importers and exporters are advised none of these changes affect their obliga-
tions or the restrictions applying to these goods.
Controls over the import and export of Toothfish, and the import of Southern
Bluefin Tuna are now contained in Regulations made under the Fisheries Act
1996. These Regulations replace the Customs Import Prohibition (Southern Blue-
fin Tuna) Order 2016, the Customs Import Prohibition (Toothfish) Order 2018 and
the Customs Export Prohibition (Toothfish) Order 2018, all of which expired 30
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September 2019.
Goods manufactured in whole or part by prison labour are absolutely prohibited
from importation under the Customs Import Prohibition (Goods Produced by
Prison Labour) Order 2019. This replaces the absolute prohibition on their import
in Schedule 1 of the Customs and Excise Act 1996, which expired 30 September
2019.
False or counterfeit coins and bank notes are absolutely prohibited from importa-
tion under the Customs Import Prohibition (Coins and Bank Notes) Order 2019.
This replaces the absolute prohibition on their import in Schedule 1 of the Cus-
toms and Excise Act 1996, which expired 30 September 2019.
The export of New Zealand Green-lipped Mussel Spat is conditionally prohibited
under the Customs Export Prohibition (Green-lipped Mussel Spat) Order 2019.
This replaces their export prohibition previously contained in the Customs Export
Prohibition Order 2017. This section of this Order expired on 30 September
2019.
MFAT opens consultation on catch-all export controls
The Ministry of Foreign Affairs and Trade has announced the opening of a public
consultation on a proposal to widen catch-all controls over the export of goods
and technologies which are not listed in the New Zealand Strategic Goods List
and which are destined directly or indirectly for a military, paramilitary or police
end-user.
Public comment is invited on this proposal by 15 November 2019.
For more information, read:
the consultation document explaining the proposal
a Cabinet paper setting out the background to this public consultation (note that some sections of the paper have been redacted in line with the provisions of the Official Information Act.)
Email your comments to [email protected].
SINGAPORE
Notices, circulars, etc.
Date Reference Matter
15-10-19 Not. 18/2019 Implementation of the Electronic Origin Data Exchange
VIETNAM
Ministry of Finance to develop legal framework for cross-border e-commerce in customs operations
The Ministry of Finance (MOF) has released a draft decree promulgating the
management of exported and imported goods in cross-border e-commerce
(“Draft Decree”). This is considered a positive Government initiative designed to
facilitate, and ultimately expedite, the flow of e-commerce goods into Vietnam.
An alternative for e-commerce transactions in customs clearance procedures
The International Trade Compliance
Update is a publication of the
Global International Commercial
and Trade Practice Group of Baker
McKenzie. Articles and comments
are intended to provide our readers
with information on recent legal de-
velopments and issues of signifi-
cance or interest. They should not
be regarded or relied upon as legal
advice or opinion. Baker McKenzie
advises on all aspects of Interna-
tional Trade law.
Comments on this Update may be
sent to the Editor:
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar
and dates--
In keeping with the global nature
of Baker McKenzie, the original
spelling, grammar and date format-
ting of non-USA English language
material has been preserved from
the original source whether or not
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Unless otherwise indicated, all in-formation is taken from official inter-national organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
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The Draft Decree, as introduced by the MOF, acts as an alternative for exporters
and importers in conducting customs clearance of goods purchased and sold on
e-commerce platforms via an E-commerce Activity Management System (“Man-
agement System”). Entities including:
Traders, organizations providing services on e-commerce marketplaces;
Owners of online shopping websites;
Transportation enterprises;
Customs agents;
Enterprises doing business in bonded warehouses / owners of ecommerce goods stored in bonded warehouses; and
Individuals, organizations importing and exporting goods through ecommerce platforms;
are entitled to utilize this system to facilitate their customs clearance procedure
for the e-commerce goods.
The Management System serves as an information exchange hub, connecting
users with the General Department of Customs, credit institutions, National Sin-
gle Window and other related systems in order to exchange and process infor-
mation for the management of exported and imported goods transacted via e-
commerce platforms.
Usage conditions of the Management System
In order to utilize the Management System, users are required to (i) register an
account to connect with the Management System via http://www.customs.gov.vn
; and (ii) equip their platform with standardized technical infrastructure for ecom-
merce trading to secure access and allow for information exchange with the Man-
agement System.
How the Management System operates
The Management System is a customs data processing e-system that receives,
shares, and stores information related to the export and import of goods traded
via e-commerce platforms. Users are required to provide information depending
on their role in the transaction, as follows:
i. E-commerce marketplaces and online shopping websites shall provide Purchase Order information, including any changes or updates, if any, to the Management Sys-tem after receiving payment from customers, or before delivering goods to transporta-tion entities;
ii. Transportation entities, after receiving information from e-commerce marketplaces, and online shopping websites shall provide Purchase Order Information, delivery methods, vessel identification number, delivery route, transportation duration, esti-mated arrival time, and destination.
The Customs authority shall then receive and process the information for cus-
toms clearance purposes. The Customs Declaration Dossier will only include a
customs declaration form, import permit, inspection result (where applicable),
and the information as provided in the Management System.
Specialized inspection
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All goods, except for those exempted from inspection and those at value of VND
1 million or less (approx. USD 45), are subject to specialized inspection.
Goods with a value greater than VND 1 million may be exempted from inspection
not more than 3 times per year, and the exemption is only applied to 1 product
for each consignment if the goods are listed in Annex II of the draft.
If you have any questions, please do not hesitate to get in touch with the team:
Seck Yee Chung, Nguyen Thanh Vinh and Tran Ngoc Trung.
Europe, Middle East and North Africa
European Union and EFTA
EU and Norway agree on an interim appeal system in wake of the WTO Appellate Body blockage
On 21 October 2019, the EU announced that the EU and Norway notified the
World Trade Organization (WTO) of their interim appeal arbitration arrangement
utilising Article 25 of the Disputes Settlement Understanding in the event that the
Appellate Body is not able to hear appeals of panel reports in any future dispute
between the European Union and Norway due to an insufficient number of its
members. In such cases the European Union and Norway will not pursue ap-
peals under Articles 16.4 and 17 of the DSU. The announcement said:
In this way, the EU and Norway secure an effective and binding dispute settlement for any potential trade disputes that might oppose them under the WTO law, in case the existing WTO Appellate Body stops being operational.
The EU’s foremost priority remains to ensure an effective functioning of the existing WTO Appellate Body. The interim arrangement has however become necessary as a contingency measure given the long-standing blockage in the appointments of the Appellate Body members.
The EU and other WTO countries have made formal proposals and are now discuss-ing ways to resolve the situation. In the meantime, an interim solution that mirrors the existing WTO appeal process can be put in place between interested WTO members.
The agreement with Norway is the EU’s second interim appeal arrangement, the
first being the one agreed between the EU and Canada on 25 July 2019.
Commission publishes tariff information affected by 62nd WCO Har-monized System Committee Meeting
On 22 October 2019, the Official Journal published a Communication in accord-
ance with Article 34 (7)(a)(iii) of Regulation (EU) No 952/2013 of the European
Parliament and of the Council, on decisions relating to binding information issued
by the customs authorities of the Member States concerning the classification of
goods in the customs nomenclature (2019/C 358/01). Customs authorities are
required revoke decisions relating to binding information from 22 October if they
become incompatible with the interpretation of the customs nomenclature as a
result of the following international tariff measures: Classification Decisions, Clas-
sification Opinions or amendments to the Explanatory Notes of the Nomenclature
of the Harmonised Commodity Description and Coding System, adopted by the
Customs Cooperation Council (CCC document No NC2570 — report of the 62nd
session of the HS Committee and CCC document No NC2626 — report of the
63rd session of the HS Committee). Accordingly, the Communication lists
Amendments to the Explanatory Notes and Classification Opinions and Deci-
sions edited by the HS Committee of the WCO. Information on the measures
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taken may be downloaded from the website of Directorate-General for Taxation
and Customs Union of the European Commission.
Dutch tighten export controls for Turkey following invasion of N. Syria
On 14 October 2019, the Dutch government announced that on 11 October
2019, the government decided, in response to the Turkish invasion of northern
Syria, to tighten Dutch arms export policy with regard to Turkey. Until further no-
tice, all new license applications for the export of military goods to Turkey will be
held and no new licenses will be issued. Other EU partners, such as France,
Germany, Sweden, Finland, Norway and Belgium, have also tightened their na-
tional arms export policy.
Council renews chemical weapons sanction regime for one year
On 14 October 2019, the Council of the EU announced that it has extended re-
strictive measures by the EU addressing the use and proliferation of chemical
weapons until 16 October 2020. These sanctions, which consist of a travel ban to
the EU and an asset freeze for persons, as well as an asset freeze for entities,
currently apply to nine persons - five linked to the Syrian regime and four in-
volved in the Salisbury attack - and one organisation, the Scientific Studies and
Research Centre (SSRC), the Syrian regime's principal entity for the develop-
ment of chemical weapons. The press release stated:
On 15 October 2018, the Council adopted a horizontal sanctions regime to address the use and proliferation of chemical weapons as a follow-up to the conclusions of the European Council of 28 June 2018. This allows the EU to impose sanctions on per-sons and entities involved in the development and use of chemical weapons any-where, regardless of their nationality and location.
The restrictive measures target persons and entities who are directly responsible for the development and use of chemical weapons as well as those who provide finan-cial, technical or material support, and those who assist, encourage or are associated with them.
This decision contributes to the EU's efforts to counter the proliferation and use of chemical weapons which poses a serious threat to international security. It supports the global prohibition of chemical weapons as laid down by the Chemical Weapons Convention, against a background of increasing chemical attacks in various parts of the world.
Nicaragua: EU adopts conclusions and a framework for targeted sanctions
On 14 October 2019, the Council of the European Union announced that it
adopted a framework for targeted restrictive measures in view of the situation in
Nicaragua. The press release stated:
This framework provides for the possibility of imposing targeted and individ-ual sanctions against persons and entities responsible for human rights viola-tions or abuses or for the repression of civil society and democratic opposi-tion in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of law in Nicaragua. Sanctions consist of a travel ban to the EU and an asset freeze for persons, and an asset freeze for entities. In addition, EU persons and entities are for-bidden from making funds available to those listed.
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EU issues warning to Iran over JCPOA
The EU has privately warned Iran that it will be forced to begin the process of
withdrawing from the JCPOA in November if Iran goes ahead with its threat to
take new steps away from the deal. If it does then the EU has stated its next step
would be to commence the JCPOA’s dispute resolution mechanism, which can
be instigated if a JCPOA participant believes that another participant is not meet-
ing its agreed commitments. The mechanism provides an opportunity for the is-
sue to be resolved. If it is not and the issue is deemed to constitute “significant
non-performance”, then the UN Security Council will be asked to vote on whether
sanctions relief should continue under the JCPOA. A UN Security Council resolu-
tion is adopted if: (i) 9 of the 15 Security Council members vote for the resolution;
and (ii) no veto is received from any of the five permanent members (United
States, United Kingdom, France, Russia, and China). Businesses will be observ-
ing developments closely as it could result in the reintroduction of tighter sanc-
tions against Iran by the UN, the EU and other countries.
Please see our previous blog posts on the EU’s approach to the JCPOA
(here and here) and we will keep you updated on further developments.
Authors: Sunny Mann and Akash Sikka.
EFTA States and Mercosur negotiations concluded in substance
On 24 August 2019, the European Free Trade Association (EFTA) announced
that delegations from EFTA and Mercosur convened in Buenos Aires on 20 to 23
August to continue their talks on a broad-based free trade agreement. This tenth
round allowed the Parties to conclude the negotiations in substance in all areas.
Note by the EFTA Secretariat states:
Summary
As a comprehensive and broad-based Free Trade Agreement, the EFTA-Mercosur Agreement covers trade in goods, trade in services, investment, intellectual property rights, government procurement, competition, trade and sustainable development, le-gal and horizontal issues including dispute settlement.
Mercosur is an important trading partner for EFTA and will allow EFTA companies to benefit from privileged access to a market of over 260 million consumers. Current EFTA bilateral trade in goods with Mercosur totalled €5,8 billion in 2018, with EFTA exports worth €3,7 billion and Mercosur imports for €2,1 billion. Thus, the new Free Trade Agreement will allow EFTA exporters to gain from progressive tariff cuts and ensure a level playing field with its main competitors in this important market.
Negotiations towards the comprehensive Free Trade Agreement were preceded by a Joint Declaration on Cooperation, signed in December 2000, under which an explora-tory dialogue with a view to possible future trade negotiations was initiated in March 2015 and concluded in January 2017. This was followed by the launch of negotiations with a first round in June 2017 in Buenos Aires, Argentina. Since then, 9 rounds of negotiations were held.
For details of the Agreement, please go to https://www.efta.int/sites/de-
fault/files/documents/legal-texts/free-trade-relations/mercosur/2019-08-24-EFTA-
Mercosur-Chapter-Description-of-FTA.pdf.
Commission decides to adjust the existing safeguards for steel
On 27 September 2019, the European Commission issued a press release an-
nouncing its decision to adopt the adjustments to the steel safeguard measures.
These will take effect as of 1 October 2019. The announcement stated:
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The decision to proceed with the adjustments to the existing steel safeguard measures, in place since July 2018, follows the wide support received by the EU Member States, representing more than 90% of the population. Prior to consulting the EU Member States, the Commission had notified the World Trade Organisation (WTO) and held a number of consultations with several affected WTO Members on the proposed adjustments, as is foreseen under the international trade rules.
The adjustments will make the existing steel safeguard measures more effective and will ensure that they better reflect the current situation in the steel sector by:
Improving the functioning of the quota for some products, including hot-rolled flat steel and steel intended for the automotive sector
Updating the list of exclusions for developing countries on the basis of more recent imports statistics
Slowing down the liberalisation of imports by reducing the pace of progres-sive increase of the import quotas from 5% to 3%
The safeguard measures were provisionally put in place in July 2018 and have been introduced in their definitive form in February 2019, to prevent serious injury for the EU steel industry following the increased imports and trade diversions caused by the U.S. decision to impose tariffs on steel products last year.
EU launches negotiations to deepen trade relations with Eastern and Southern Africa countries
On 2 October, 2019, in Mauritius, the EU started negotiations with five Eastern
and Southern Africa partners (so-called ESA: Comoros, Madagascar, Mauritius,
Seychelles and Zimbabwe) to deepen the existing Economic Partnership Agree-
ment. Given the positive results generated by the current agreement, now in its
8th year of implementation, the five countries have declared their readiness to
move beyond trade in goods, towards a more comprehensive agreement. The
EU has welcomed this step, especially in the context of the Africa-Europe Alli-
ance for Sustainable Investment and Jobs.
The new agreement should cover other important trade related areas and trade re-lated rules, such as services, investment, technical barriers to trade, intellectual prop-erty rights as well as trade and sustainable development.
The EU is the number one trading partner for the five ESA countries. In addition to im-proving the business and investment environment, a comprehensive free trade agree-ment would stimulate the economies of the five ESA countries, for instance by diversi-fying their exports to the EU. The process would also support the implementation of the Africa-Europe Alliance for Sustainable Investment and Jobs launched in Septem-ber 2018. Moreover, it would promote both regional economic integration, for instance by developing regional value chains, and continental integration by furthering the ESA five countries' preparedness for implementing the African Continental Free Trade Area (AfCFTA) under the African Union. Economic Partnership Agreements (EPA) are one of the building blocks towards the future AfCFTA.
At the request of the five ESA countries, the European Union has agreed to provide financial assistance for the setting up of an EPA Coordination Mechanism. Its aim is to ensure appropriate coordination and technical support to the five ESA countries so they can engage effectively in the negotiation process. The Coordination Mechanism has already contributed on the ESA side to the preparation of the scoping phase for the upcoming negotiations.
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the Euro-
pean Commission during the period covered by this Update.
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Amendments to the CN Explanatory Notes
See separate section below for amendments to the Explanatory Notes to the
Combined Nomenclature of the European Union that were published in the Offi-
cial Journal during the period covered by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) sys-
tem as a tool to assist economic operators to obtain the correct tariff classifica-
tion for goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the cus-
toms authorities of the Member States. It is valid throughout the Community, re-
gardless of the Member State which issued it. For information about an existing
BTI, you may want to contact the customs administration of the Member State
which issued it. However, remember that, according to the provisions for data
protection, there are limitations as to the information an administration can pro-
vide. You can search and consult existing BTIs on the EBTI-database.
Official Journal documents
The following documents of interest to international traders (excluding documents
relating to day-to-day management of agricultural matters, individual protected
designations of origin registrations, approvals or restrictions on specific sub-
stances and fishing rights) were published in the Official Journal of the European
Union:
OJ Date Subject
04-10-19
Commission Delegated Regulation (EU) 2019/1666 of 24 June 2019 supple-menting Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consign-ments of certain goods from the border control post of arrival to the establish-ment at the place of destination in the Union (Text with EEA relevance)
Commission notice concerning the application of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin or the protocols on rules of origin providing for diagonal cumulation between the Contracting Parties to this Convention [2019/C 333/03]
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 July 2019 to 31 August 2019 (Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Par-liament and of the Council) [2019/C 334/01]
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 July 2019 to 31 August 2019 (Decisions taken pur-suant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2019/C 334/02]
08-10-19
Commission Implementing Regulation (EU) 2019/1675 of 4 October 2019 re-newing the approval of the active substance Verticillium albo-atrum strain
WCS850 as a low-risk substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the plac-ing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Regulation (EU) 2019/1676 of 7 October 2019 correcting certain language versions of Annex II to Regulation (EC) No 1333/2008 of the Euro-pean Parliament and of the Council on food additives
Commission Implementing Decision (EU) 2019/1678 of 4 October 2019 amend-ing Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in TRACES (notified under document C(2019) 7067)
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OJ Date Subject
Commission Implementing Decision (EU) 2019/1679 of 4 October 2019 amend-ing the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-fied under document C(2019) 7246)
10-10-19
Commission Implementing Regulation (EU) 2019/1690 of 9 October 2019 re-newing the approval of the active substance alpha-cypermethrin, as a candidate for substitution, in accordance with Regulation (EC) No 1107/2009 of the Euro-pean Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)
Commission Regulation (EU) 2019/1691 of 9 October 2019 amending Annex V to Regulation (EC) No 1907/2006 of the European Parliament and of the Coun-cil concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Text with EEA relevance)
Commission Implementing Decision (EU) 2019/1698 of 9 October 2019 on Eu-ropean standards for products drafted in support of Directive 2001/95/EC of the European Parliament and of the Council on general product safety (Text with EEA relevance)
11-10-19
Commission Delegated Regulation (EU) 2019/1701 of 23 July 2019 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals
Commission Delegated Regulation (EU) 2019/1705 of 10 October 2019 amend-ing Council Regulation (EU, Euratom) 2019/1197 as regards the deadlines by which the United Kingdom would have to fulfil the conditions for eligibility for Un-ion funding following the withdrawal of the United Kingdom from the Union
Council Decision (EU) 2019/1707 of 17 June 2019 on the position to be taken, on behalf of the European Union, in the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards a recommendation for certain amendments to be made to the Agreement to take account of the acces-sion of Samoa and of future accessions of other Pacific Island States
Council Decision (EU) 2019/1708 of 7 October 2019 establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the adoption of a decision to extend a WTO waiver permitting the United States to provide preferential tariff treatment under the US Caribbean Basin Economic Recovery Act (CBERA)
Council Decision (EU) 2019/1709 of 7 October 2019 establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the adoption of a decision to extend a WTO waiver permitting developing country Members to provide preferential tariff treatment to products of least developed countries
14-10-19
Commission Implementing Regulation (EU) 2019/1714 of 30 September 2019 amending Regulations (EC) No 136/2004 and (EC) No 282/2004 as regards the model of common veterinary entry document for products and animals and amending Regulation (EC) No 669/2009 as regards the model of common entry document for certain feed and food of non-animal origin (Text with EEA rele-vance)
15-10-19
Council Decision (EU) 2019/1719 of 8 July 2019 on the position to be taken on behalf of the European Union at the 18th meeting of the Conference of the Par-ties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES CoP 18) (Geneva, Switzerland, 17-28 August 2019)
16-10-19
Commission Implementing Decision (EU) 2019/1728 of 15 October 2019 on har-monised standards for toys drafted in support of Directive 2009/48/EC of the Eu-ropean Parliament and of the Council
Commission Implementing Decision (EU) 2019/1729 of 15 October 2019 on the harmonised standard for conformity assessment drafted in support of Regula-tions (EC) No 765/2008 and (EC) No 1221/2009 of the European Parliament and of the Council, Directive 2006/42/EC of the European Parliament and of the Council and Union acts incorporating the reference provisions of Decision No
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OJ Date Subject
768/2008/EC of the European Parliament and of the Council (Text with EEA rel-evance)
Corrigendum to Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for moni-toring the consumption of fuel and electric energy (Official Journal of the Euro-pean Union L 301 of 27 November 2018)
17-10-19
Commission Decision (EU) 2019/1732 of 6 June 2019 on SA.33159 (2015/C) — Taxation of saturated fat in certain food products sold in Denmark (notified un-der document C(2019) 3926) (Only the Danish text is authentic) (Text with EEA relevance)
Decision 2019/1734 of the eu-korea committee on trade and sustainable devel-opment of 30 September 2019 on a revised list of experts willing and able to serve as panellists in accordance with Article 13.15 of the Agreement [2019/…]
18-10-19
Council Decision (EU) 2019/1736 of 10 October 2019 on the position to be adopted on behalf of the European Union within the Partnership Committee es-tablished by the Comprehensive and Enhanced Partnership Agreement be-tween the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the establishment of the list of individuals to serve as arbitrators in dispute-settlement proceedings
Commission Implementing Decision (EU) 2019/1739 of 16 October 2019 estab-lishing emergency measures to prevent the introduction into and the spread within the Union of Rose Rosette Virus (notified under document C(2019) 7328)
Regulation No 17 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles with regard to the seats, their anchorages and any head restraints 2019/1723
Regulation No 80 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of seats of large pas-senger vehicles and of these vehicles with regard to the strength of the seats and their anchorages 2019/1724
22-10-19
Council Decision 2019/1748 of 7 October 2019 on the position to be taken on behalf of the European Union within the Sanitary and Phytosanitary Manage-ment Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Mem-ber States, of the one part, and Ukraine, of the other part, as regards the modifi-cation of Annex V to Chapter 4 of that Agreement
Communication in accordance with Article 34 (7)(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council, on decisions relating to binding information issued by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature [2019/C 358/01]
Notice to economic operators New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agricul-tural products [2019/C 358/04]
23-10-19
Corrigendum to Council Decision (EU) 2016/1790 of 12 February 2016 on the conclusion of Revision 3 of the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescrip-tions for wheeled vehicles, equipment and parts which can be fitted and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approv-als granted on the basis ofS these prescriptions (Revised 1958 Agreement) (Of-ficial Journal of the European Union L 274 of 11 October 2016)
Corrigendum to Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the ob-jection procedure, restrictions of use, amendments to product specifications,
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OJ Date Subject
cancellation of protection, and labelling and presentation (Official Journal of the European Union L 9 of 11 January 2019)
24-10-19
Commission Implementing Regulation (EU) 2019/1756 of 23 October 2019 amending Annex V to Regulation (EC) No 136/2004 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland in the list of third countries authorised for the introduction into the Union of consignments of hay and straw (Text with EEA relevance)
Commission Implementing Regulation (EU) 2019/1757 of 23 October 2019 amending Annex I to Implementing Regulation (EU) 2018/659 as regards the in-clusion of the United Kingdom of Great Britain and Northern Ireland and its Crown Dependencies in the list of third countries and parts of the territory of third countries from which the entry into the Union of live equidae and semen, ova and embryos of equidae is authorised (Text with EEA relevance)
Commission Implementing Regulation 2019/1758 of 23 October 2019 amending Annex III to Regulation (EC) No 1251/2008 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and its Crown Dependen-cies in the list of third countries, territories, zones or compartments authorised for the introduction into the European Union of consignments of aquaculture ani-mals (Text with EEA relevance)
Regulation (EU) 2019/1753 of the European Parliament and of the Council of 23 October 2019 on the action of the Union following its accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indica-tions
Council Decision (EU) 2019/1754 of 7 October 2019 on the accession of the Eu-ropean Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
Geneva Act Of The Lisbon Agreement On Appellations Of Origin And Geographical Indications
25-10-19
Commission Regulation (EU) 2019/1781 of 1 October 2019 laying down ecodesign requirements for electric motors and variable speed drives pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Regulation (EC) No 641/2009 with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in prod-ucts and repealing Commission Regulation (EC) No 640/2009
Commission Regulation (EU) 2019/1782 of 1 October 2019 laying down ecodesign requirements for external power supplies pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 278/2009
Commission Regulation (EU) 2019/1784 of 1 October 2019 laying down ecodesign requirements for welding equipment pursuant to Directive 2009/125/EC of the European Parliament and of the Council
Commission Implementing Regulation (EU) 2019/1787 of 24 October 2019 amending Implementing Regulation (EU) 2016/6 imposing special conditions governing the import of feed and food originating in or consigned from Japan fol-lowing the accident at the Fukushima nuclear power station
28-10-19
Council Decision (EU) 2019/1750 of 21 October 2019 amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the European Atomic Energy Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
29-10-19
Commission Implementing Decision (EU) 2019/1805 of 28 October 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 7807) (Text with EEA relevance)
Decision No 1/2019 of the EU-Republic of Moldova Association Committee meeting in Trade configuration of 4 October 2019 concerning the update of An-nex XXVIII-B (Rules applicable to telecommunication services) to the Associa-tion Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Mol-dova, of the other part [2019/1806]
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Decision No 2/2019 of the EU-Republic of Moldova Association Committee Meeting in Trade Configuration of 4 October 2019 concerning the update of An-nex XXVIII-D (Rules applicable to international maritime transport) to the Asso-ciation Agreement between the European Union and the European Atomic En-ergy Community and their Member States of the one part, and the Republic of Moldova, of the other part 2019/1807
Commission Regulation (EU) 2019/1791 of 17 October 2019 amending An-nexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 1-decanol, 2,4-D, ABE-IT 56, cyprodinil, dimethenamid, fatty alcohols, florpyrauxifen-benzyl, fludi-oxonil, fluopyram, mepiquat, pendimethalin, picolinafen, pyraflufen-ethyl, pyrida-ben, S-abscisic acid and trifloxystrobin in or on certain products
Commission Regulation (EU) 2019/1792 of 17 October 2019 amending An-nexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for amitrole, fipronil, flupyrsulfuron-methyl, imazosulfuron, isoproturon, orthosulfamuron and triasulfu-ron in or on certain products
Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implement-ing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parlia-ment and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660
Commission Implementing Regulation (EU) 2019/1794 of 22 October 2019 granting a Union authorisation for the biocidal product family ‘Boumatic Iodine product family’
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006OJ L 396, 30.12.2006, p. 1.) (Text with EEA relevance)2019/C 364/04
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006OJ L 396, 30.12.2006 , p. 1.) (Text with EEA relevance)2019/C 364/05
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006OJ L 396, 30.12.2006 , p. 1.) (Text with EEA relevance)2019/C 364/06
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006OJ L 396, 30.12.2006, p. 1.) (Text with EEA relevance)2019/C 364/07
30-10-19
European Council Decision (EU) 2019/1810 taken in agreement with the United Kingdom of 29 October 2019 extending the period under Article 50(3)TEU
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 September 2019 to 30 September 2019 (Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the Euro-pean Parliament and of the Council) [2019/C 369/01]
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Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 September 2019 to 30 September 2019(Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2019/C 369/02]
31-10-19
Commission Delegated Regulation (EU) 2019/1827 of 30 October 2019 amend-ing Directive 2014/23/EU of the European Parliament and of the Council in re-spect of the threshold for concessions (Text with EEA relevance) [Government procurement]
Commission Delegated Regulation (EU) 2019/1828 of 30 October 2019 amend-ing Directive 2014/24/EU of the European Parliament and of the Council in re-spect of the thresholds for public supply, service and works contracts, and de-sign contests (Text with EEA relevance) [Government procurement]
Commission Delegated Regulation (EU) 2019/1829 of 30 October 2019 amend-ing Directive 2014/25/EU of the European Parliament and of the Council in re-spect of the thresholds for supply, service and works contracts, and design con-tests (Text with EEA relevance) [Government procurement]
Commission Delegated Regulation (EU) 2019/1830 of 30 October 2019 amend-ing Directive 2009/81/EC of the European Parliament and of the Council in re-spect of the thresholds for supply, service and works contracts (Text with EEA relevance)
Commission ImplementingRegulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC)No 2658/87 on the tariff and sta-tistical nomenclature and on theCommon Customs Tariff
Communication from the commission Corresponding values of the thresholds of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC of the Euro-pean Parliament and of the Council (Text with EEA relevance) 2019/C 370/01
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date Restrictive Measure
02-10-19 Council Decision (CFSP) 2019/1663 of 1 October 2019 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
07-10-19 Council Decision (CFSP) 2019/1672 of 4 October 2019 on a European Union ac-tion in support of the United Nations Verification and Inspection Mechanism in Yemen
11-10-19
Corrigendum to Council Decision (CFSP) 2019/1672 of 4 October 2019 on a Eu-ropean Union action in support of the United Nations Verification and Inspection Mechanism in Yemen (Official Journal of the European Union L 256 of 7 October 2019)
15-10-19
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua
Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua
Council Implementing Regulation (EU) 2019/1717 of 14 October 2019 imple-menting Regulation (EU) 2016/1686 imposing additional restrictive measures di-rected against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, enti-ties or bodies associated with them
Council Decision (CFSP) 2019/1721 of 14 October 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons,groups, undertakings and entities associated with them
Council Decision (CFSP) 2019/1722 of 14 October 2019 amending Decision (CFSP) 2018/1544 concerning restrictive measures against the proliferation and use of chemical weapons
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OJ Date Restrictive Measure
17-10-19
Commission Implementing Regulation (EU) 2019/1731 of 16 October 2019 amending for the 306th time Council Regulation (EC) No 881/2002 imposing cer-tain specific restrictive measures against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
18-10-19
Council Regulation (EU) 2019/1735 of 17 October 2019 amending Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
Council Decision (CFSP) 2019/1737 of 17 October 2019 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Re-public
21-10-19 Corrigendum to Council Regulation (EU) 2019/1716 of 14 October 2019 con-cerning restrictive measures in view of the situation in Nicaragua (Official Journal of the European Union L 262 of 15 October 2019)
25-10-19
Council Regulation (EU) 2019/1777 of 24 October 2019 amending Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Bu-rundi
Council Regulation (EU) 2019/1778 of 24 October 2019 amending Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea
Council Implementing Regulation (EU) 2019/1779 of 24 October 2019 imple-menting Regulation (EU) 2015/1755 concerning restrictive measures in view of the situation in Burundi
Council Decision (CFSP) 2019/1788 of 24 October 2019 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Bu-rundi
Council Decision (CFSP) 2019/1789 of 24 October 2019 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Council Decision (CFSP) 2019/1790 of 24 October 2019 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
Individual Countries
FRANCE
Notices to importers
The following notices were posted by Directorate General of Customs and Indi-
rect Taxes (For laws and regulations, decrees, etc. please see listings under
Other EU-EFTA Notices - Import-export related measures, below) :
Release Date
Ref. No. and Subject
03-10-19 2019/68 - Notice to Importers of Ironing Boards from the PR of China
10-10-19
2019/69 - Notice to Importers of Ceramic Tiles from the PR of China
2019/70 - Notice to Importers of Urea and ammonium nitrates originating in Rus-sia, Trinidad and Tobago and the US
11-10-19
2019/71 - Notice to Importers of certain heat sensitive papers originating in the Republic of Korea
2019/72 - Notice of the Initiation of an anti-subsidy proceeding concerning imports of certain hot-rolled flat products of stainless steel, coiled or foil originating in the PR of China and Indonesia
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Release Date
Ref. No. and Subject
2019/73 - Commission Implementing Regulation (EU) 2019/1706 of 10 October 2019 on the addition of a company to the list of Chinese exporting producers benefiting from an individualized rate.
15-10-19 2019/74 - Notice to economic operators the opening of the negotiation round of autonomous tariff suspensions and quotas for possible application on 1 July 2020
24-10-19 2019/75 – Notice to importers of steel wheels originating in China
NETHERLANDS
Starting 1 December 2019 exporters can only be EU-established entities
The Dutch Custom Authorities have published a short communique on October
1, 2019 stating that as of December 1, 2019 only EU-established entities can be
mentioned as exporter on the Dutch customs declaration for export. As a result,
per December 1, 2019 only EU-established entities can formally act as exporter.
This is especially noteworthy in light of Brexit, where UK-established entities will
no longer qualify as EU-established and will therefore no longer be able to act as
exporter.
1. Legal Framework
When the Union Customs Code (UCC) was implemented in May 2016, only an
entity established in the EU could qualify as exporter for customs purposes if, in
addition, this entity held a contract with a consignee in a third country and had
the power to determine that the goods were to be brought to a destination out-
side the EU.
As of July 2018, exporter was further defined under Art. 1(19) UCC-DA as a per-
son that it is established in the EU and:
1. has the power to determine that the goods are to be brought outside the customs territory of the Union, or,
2. is a party to the contract under which goods are to be taken out of that territo-ryThe conditions of the first possibility have to be assessed based on actual facts and circumstances. With regard to the second possibility mentioned above, busi-ness partners are free to designate a person as exporter in their contractual or business arrangements, provided that such a person is established in the EU. As indicated in the communiqué at hand, Dutch Customs will now enforce the le-gal framework as put in place upon the implementation of the UCC.
2. Impact of change on filing of customs declarations
Since an EU-established entity will have to act as exporter on the customs decla-
ration, an EU-group entity (if available) or an EU-established third party can fulfill
that obligation. Under the new "flexibility" provided by the interpretation of the
new exporter definition, parties are contractually free to choose any person es-
tablished in the EU to act as exporter. This person does not necessarily have to
be a party in the sales chain.
Note that whoever is contractually assigned as exporter takes over the responsi-
bility for the correctness of the export declaration towards the customs admin-
istration. The exporter is also the addressee of the customs administration for re-
views or audits of the export declarations.
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3. Brexit
Please note that companies should also be aware of this change if a UK-estab-
lished entity is currently acting as exporter from the Netherlands.
If Brexit takes effect, then the UK-established entity can also no longer act as ex-
porter, since said entity would no longer be established in the EU.
4. Suggestions
In the event that a non-EU established company is still acting as exporter from
the Netherlands, we would suggest reviewing whether an EU-group entity could
take over the position of exporter or whether an EU-established third party should
be contracted in that respect.
Should you require any assistance in this regard, our customs team in Amster-
dam is capable of helping you to review your supply chain to tailor it to be in line
with the communiqué of Dutch Customs, while also allowing for a smooth transi-
tion for your business.
If you have any questions, please contact one of the authors, Erik T.H. Scheer,
Mirko L. Marinć or Jaap Huenges Wajer.
UNITED KINGDOM
Legislation (legislation.gov.uk)
Date Measure
03-10-19 SI 2019/1290 - The Pesticides (Amendment) Regulations 2019
07-10-19
SI 2019/1312 - The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019
SI 2019/1307 - The Cross-border Trade (Public Notices) (EU Exit) Regulations 2019
SI 2019/1304 - The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019
09-10-19 SI 2019/1319 - The Trade Remedies (Increase in Imports Causing Serious In-jury to UK Producers) (Amendment) (EU Exit) Regulations 2019
14-10-19
SI 2019/1344 - The Common Agricultural Policy (Market Measures, Notifica-tions and Direct Payments) (Miscellaneous Amendments) (EU Exit) Regulations 2019
SI 2019/1343 - The Common Organisation of the Markets in Agricultural Prod-ucts (Producer Organisations and Wine) (Amendment etc.) (EU Exit)
SI 2019/1342 - The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019
SI 2019/1340 - The Persistent Organic Pollutants (Amendment) (EU Exit) Regu-lations 2019
15-10-19 SI 2019/1346 - The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) (No. 2) Regulations 2019
16-10-19 SI 2019/1354 - The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019
21-10-19 SI 2019/1366 - The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2019
24-10-19
SI 2019/1380 - The Cross-border Trade (Public Notices) (EU Exit) (Revocation) Regulations 2019
SI 2019/1378 - The Plant Health etc. (Miscellaneous Fees) (Wales) (Amend-ment) Regulations 2019 / Rheoliadau Iechyd Planhigion etc. (Ffioedd Amrywiol) (Cymru) (Diwygio) 2019
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Date Measure
28-10-19 SI 2019/1385 - The Human Medicines and Medical Devices (Amendment etc.) (EU Exit) Regulations 2019
30-10-19
SI 2019/1403 - The Common Organisation of the Markets in Agricultural Prod-ucts (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019
SI 2019/1405 - The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019
SI 2019/1423 - The European Union (Withdrawal) Act 2018 (Exit Day) (Amend-ment) (No. 3) Regulations 2019
31-10-19
SI 2019/1409 - The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019
SI 2019/1410 - The Pesticides (Amendment) (EU Exit) Regulations 2019
SI 2019/1419 - The Firearms (Amendment) (No. 2) Rules 2019
SI 2019/1420 - The Firearms Regulations 2019
Restrictive measures established, amended, corrected
The following restrictive measures were established, amended or corrected and
published during the period covered by this Update. *The date shown may be the
signature date, release date or publication date, depending on local practice.
Date* Restrictive Measure
16-10-19 SI 2019/1353 - The Nicaragua (Asset-Freezing) Regulations 2019
HMRC updates
The following Public Notices, Customs Information Papers (CIPs) and publica-
tions were issued by HM Revenue & Customs:
Release Date
Ref. No. and Subject
Customs Information Papers
29-10-19 Steel safeguard quotas and measures amendments (CIP14)
30-10-19 Extension to implementation date of the change in approach on indirect repre-sentation for some customs authorisations holders (CIP15)
Tariff, Anti-Dumping and Other Notices
01-10-19 Commodity code for powdered preparations (Tariff stop press notice 36)
03-10-19 Importing ironing boards from the People’s Republic of China (Anti-Dumping Duty 2359)
07-10-18 Import goods using transitional simplified procedures in a no-deal Brexit
Get a customs comprehensive guarantee to cover customs debts
08-10-19
The Customs Tariff (Establishment) (EU Exit) Regulations
The Customs (Tariff Rate Quotas) Regulation
Yellow liquid product (Tariff notice 34)
10-10-19
Exporting excise goods to the EU in a no-deal Brexit
Imports of steel road wheels from the People's Republic of China (Anti-Dumping Duty 2363)
Exports of ceramic tiles from the People’s Republic of China (Anti-Dumping Duty 2362)
Imports of urea and ammonium nitrate solutions from Russia, USA and Trinidad and Tobago (Anti-Dumping Duty 2361)
11-10-19 Imports of heavyweight thermal paper originating in the Republic of Korea (Anti-Dumping Duty 2365)
15-10-19 Trading and moving between Northern Ireland and Ireland in a no-deal Brexit
Taking merchandise from the UK in your baggage
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Release Date
Ref. No. and Subject
18-10-19 Imports of certain high tenacity yarns of polyesters from the People’s Republic of China (Anti-Dumping Duty 2366)
21-10-19 Caviar substitutes (Tariff notice 36)
Amaranth seed (Tariff notice 35)
22-10-19 HMEXSH2010 - General structure and nature of the Exports Shops regime: Out-line of the Exports Shops warehousing regime
23-10-19 Declaration completion guide - CDS volume 3
28-10-19 Declare your imports using transitional simplified procedures
Changes to document codes in appendix 5C (Tariff stop press notice 39)
31-10-19
Apply for repayment or remission of import duties (C285) CHIEF
Operation of the ‘Customs Tool’ to the Continental Shelf and Exclusive Economic Zone (Anti-Dumping Duty 2367)
ECJU Notices to Exporters and DIT documents
The following Export Control Joint Unit (ECJU) Notices to Exporters and other
Department for International Trade (DIT) documents were issued:
Date Notice No. and Subct
10-10-19
Firearms and export control forms
Export controls: torture goods
Export licensing policy for Benin
Export licensing policy for Senegal
Export licensing policy for Guinea-Bissau
23-10-19 Open general export licence (military goods, software and technology) (updated)
OTHER EU-EFTA COUNTRIES
Import-export related measures
The following import, export or antibribery measures were published in the on-
line editions of the official gazettes of the countries shown during the period cov-
ered by this Update. [This is a partial listing, unofficial translations.] *The date
shown may be the signature date, release date or publication date, depending on
local practice.
Date* Measure
ICELAND
10-10-19
A 118/2019 (09-10-19) Law amending the Criminal Procedure Act, no. 88/2008, with subsequent amendments (sale of seized and detained assets and recalls)
A 119/2019 (09-10-19) Law on public registration companies with cross-border activities
№ 880/2019 (10-10-19) Regulation on the handling, custody and sale of seized, detained and confiscated assets and goods
11-10-19
№ 887/2019 (27-09-19) Regulation amending Regulation no. 178/2018, on the advertisement of procurement on the auction site, the reference amounts for public procurement and procurement under the WTO Agreement on Public Pro-curement
№ 888/2019 (27-09-19) Regulation amending Regulation no. 845/2014, on pro-curement of defense and security agencies
14-10-19 № 892/2019 (27-09-19) Regulation on the entry into force of Commission Regu-lation (EU) 2017/2158 establishing mitigation measures and thresholds to re-duce the presence of acrylamide in foodstuffs
18-10-19 № 909/2019 Regulation (30-10-19) amending Regulation no. 822/2004 on vehi-cle type and equipment
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Date* Measure
23-10-19
№ 121/2019 (22-10-19) Law on measures for the UK's exit from the European Union and the European Economic Area.
№ 925/2019 (08-10-19) Regulation amending Regulation no. 822/2004 on vehi-cle type and equipment
IRELAND (EIRE)
27-09-19 S.I. No. 470/2019 - European Union (Freezing and Confiscation of Instrumentali-ties and Proceeds of Crime) Regulations 2019
LIECHTENSTEIN
25-10-19
LGBI № 2019.248 Announcement of 14 May 2019 of Decision No 1/2017 of the EFTA-Turkey Joint Committee (LR № 0.632.311.301)
LGBI № 2019.249 Announcement of 9 October 2018 of Decision No 1/2018 of the EFTA-Serbia Joint Committee (LR № 0.632.311.261)
LUXEMBOURG
22-10-19
Mem A 709: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg.
Mem A 710: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg
Mem A 711: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg
28-10-19
Mem A 718: Law of 26 October 2019 approving the Agreement between the Eu-ropean Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Trade Agreement, the Develop-ment and Cooperation, done at Kleinmond, South Africa, on September 11, 2009.
Mem A 720: Law of 26 October 2019 approving the Economic Partnership Agreement between Cariforum States, on the one hand, and the European Community and its Member States, on the other, made in Bridgetown, Barba-dos, 15 October 2008.
Mem A 721: Law of 26 October 2019 approving the Progress Agreement to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and Central Africa, of the other part, respec-tively Yaounde, January 15, 2009 and Brussels, January 22, 2009.
Mem A 722: Law of 26 October 2019 approving the Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part, made respectively in Abidjan, Novem-ber 26, 2008 and Brussels, January 22, 2009.
Mem A 723: Law of 26 October 2019 approving the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the States of the SADC EPA, of the other part, made in Kasane, the June 10, 2016.
Mem A 724: Law of 26 October 2019 approving the Economic Partnership Agreement between Ghana, on the one hand, and the European Community and its Member States, on the other, made in Brussels, 28 July 2016 .
MALTA
18-10-19 № 271 of 2019 – Simplifying Terms and Conditions of Transfers of Defence-Re-lated Products (Amendment) Regulations, 2019- Government Gazette Of Malta No. 20,282– 18.10.2019
25-10-19 № 273 of 2019 – Brexit Support Scheme Regulations, 2019 - Government Ga-zette Of Malta No. 20,285– 25.10.2019
NORWAY
02-10-19
FOR-2019-09-28-1282 Ministry of Health and Care Services - Regulations on amendments to the Regulations on nutritional and health claims on foods
FOR-2019-09-28-1283 Ministry of Health and Care Services - Regulations on amendments to regulations on the addition of vitamins, minerals and certain other substances to foods
FOR-2019-09-30-1284 Ministry of Health and Care Services - Regulations amending Regulations on import and transit of poultry and certain poultry prod-ucts from third countries
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Date* Measure
FOR-2019-09-30-1285 Ministry of Health and Care Services - Regulations on amendments to regulations on pesticides
FOR-2019-09-30-1286 Ministry of Health and Care Services - Regulations on changes in regulations on new foods
03-10-19
FOR-2019-09-30-1288 Ministry of Health and Care Services - Regulations on amendments to regulations on pesticide residues in food and feed
FOR-2019-10-01-1291 Ministry of Transport- Regulations on amendments to regulations on requirements for CO₂ emissions, etc. for manufacturers of pas-senger and vans
FOR-2019-10-01-1292 Ministry of Transport - Regulations on amendments to regulations concerning the approval of moped and motorcycle
FOR-2019-10-01-1293 Ministry of Transport - Regulations on amendments to regulations concerning approval of tractor and trailer to tractor
04-10-19 FOR-2019-10-01-1301 Ministry of Transport - Regulations on amendments to the regulations on the approval of a car and a trailer for the car (car regulations)
07-10-19 FOR-2019-09-28-1302 Ministry of Health and Care Services - Regulations on amendments to regulations on food additives
10-10-19
FOR-2019-09-27-1327 Ministry of Labor and Social Affairs, Ministry of Climate and Environment - Regulations on amendments to the Regulations on Biocides (Biocides Regulations)
FOR-2019-09-30-1328 Ministry of Health and Care Services - Regulations on amendments to the regulations on cosmetics and body care products
14-10-19 FOR-2019-10-11-1360 Ministry of Finance Regulation on amendments to regu-lations on anti-money laundering and terrorist financing measures (eligibility re-quirements for providers of currency exchange and storage services)
16-10-19 FOR-2019-10-15-1371 Ministry of Agriculture and Food, Ministry of Trade and Industry, Ministry of Health and Care Services Regulations amending the regu-lations on additives for use in animal feed
21-10-19 FOR-2019-10-18-1386 Ministry of Education Regulation amending Regulation 22 December 2017 No. 2384 on the approval of professional qualifications at the UK's exit from the European Union
23-10-19 FOR-2019-10-08-1398 Ministry of Climate and Environment Delegation of au-thority in accordance with section 31 of the CITES Regulation
25-10-19
FOR-2019-10-24-1406 Department of Transport Regulations on transitional rules for road transport services between the EEA and the United Kingdom of Great Britain and Northern Ireland (United Kingdom) with regard to the UK's exit from the EU without an announcement.
29-10-19 FOR-2019-09-30-1432 Ministry of Health and Care Services Regulations on amendments to the regulations on cosmetics and body care products
31-10-19
FOR-2019-10-28-1442 Ministry of Health and Care Services, Ministry of Agricul-ture and Food, Ministry of Trade and Industry Regulations on amendments to regulations on special hygiene rules for food of animal origin (animal hygiene regulations)
POLAND
02-10-19 № 1865 Regulation of the Minister of Finance of September 17, 2019 regarding a change in the free zone of a customs area at the airport Fryderyk Chopin in Warsaw
11-10-19
№ 1933 Ordinance of the Minister of Finance, Investment and Development of October 3, 2019 amending the ordinance on the conditions for performing cus-toms and fiscal control of compliance with customs law and other provisions re-lated to the import and export of goods
18-10-19
№ 1983 Regulation of the Minister of Health of 11 October 2019 amending the regulation on the detailed conditions and procedure for issuing permits and doc-uments necessary for import, export, intra-Community acquisition or intra-Com-munity supply of narcotic drugs, psychotropic substances or category 1 precur-sors
25-10-19 № 2015 Regulation of the Minister of Health of 11 October 2019 amending the regulation on importing from abroad foodstuffs for particular nutritional uses nec-essary for saving life or health
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Date* Measure
30-10-19
№ 2099 Ordinance of the Minister of Finance, Investment and Development of October 28, 2019 amending the ordinance on customs and tax offices and the customs branches subordinate to them, in which the activities provided for by customs law are carried out, depending on the type of goods or customs proce-dures that may be covered goods
SWITZERLAND
02-10-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)
11-10-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)
15-10-19 Ordinance on Foodstuffs and Usual Items (ODAlOUs) (RS 817.02)
22-10-19 Ordinance on the placing on the market and use of biocidal products (Ordinance on Biocidal Products, OPBio) (RS 813.12)
29-10-19
Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on Customs relief, OADou) (RS 631.012)
Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural Imports, OIAgr) (RS 916.01)
Exchange of notes of 20 December 2018 between Switzerland and the Euro-pean Union concerning the resumption of Regulation (EU) 2018/1861 on the es-tablishment, operation and use of the SIS in the field of border checks, amend-ing the Convention Implementing the Schengen Agreement and amending and repealing Regulation (EC) No 1987/2006 (Development of the Schengen acquis) (RS 0.362.380.085)
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established,
amended or corrected and published in the national official journals or agency
websites during the period covered by this Update. [This is a partial listing, unoffi-
cial translations.] *The date shown may be the signature date, release date or
publication date, depending on local practice.
Date* Restrictive Measure
IRELAND (EIRE)
04-10-19
S.I. No. 490/2019 - European Union (Restrictive Measures Concerning Libya) Regulations (No.2) 2019
S.I. No. 491/2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities Associated with the Isil (Da’esh) and Al-Qaida Organisations) Regulations (No.4) 2019
S.I. No. 492/2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities with a View to Combating Terrorism) Regulations (No.2) 2019
S.I. No. 493/2019 - European Union (Restrictive Measures Concerning Ukraine) Regulations (No.3) 2019
11-10-19
S.I. No. 498/2019 - European Union (Restrictive Measures Concerning the Dem-ocratic People’s Republic of Korea) (No. 4) Regulations 2019
S.I. No. 499/2019 - European Union (Restrictive Measures Concerning Vene-zuela) (No. 2) Regulations 2019
S.I. No. 500/2019 - European Union (Restrictive Measures Concerning South Sudan) (No.3) Regulations 2019
LIECHTENSTEIN
11-10-19
LGBI № 2019.241 Order of 8 October 2019 amending the Regulation on measures against Venezuela (LR 946.224.7)
LGBI № 2019.242 Order of 8 October 2019 amending the Regulation on measures against Libya (LR 946.221.4)
NORWAY
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Date* Restrictive Measure
16-10-19
FOR-2019-10-16-1372 Ministry of Finance Regulations on amendments to regulations on measures against money laundering and terrorist financing (rectification of incurie)
SWITZERLAND
01-10-19
Amendment to the Order instituting measures against Syria (RS 946.231.172.7) [Entry into force: 01-10-19 at 18.00]
Amendment to the Ordinance instituting measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (RS 946.231.176.72) Entry into force: 01-10-19 at 18.00]
10-10-19 Amendment to the Ordinance of 28 March 2018 on Measures against Venezuela (RS 946.231.178.5) [Entry into force: 11-10-19 at 18.00]
14-10-19 Amendment to the Order of 2 October 2000 instituting measures against per-sons and entities related to Osama bin Laden, “al-Qaeda” group or the Taliban (RS 946.203) [Entry into force 11-10-19]
31-10-19 Amendment to the Ordinance of 7 August 1990 instituting economic measures towards the Republic of Iraq (RS 946.206) [Entry into force: 30-10-19]
Non EU-EFTA European Countries
TURKEY
Legislation (laws, resolutions, orders, etc.)
The following documents were published in the on-line T.C. Resmî Gazete.
Date Subject
05-10-19 Communiqué Amending the Communiqué on the Application of Surveillance in Imports (Communiqué No: 2006/1)
12-10-19 Communiqué on Implementation of Surveillance in Imports (No: 2019/7)
16-10-19 List of Tax, Duty and Fees Exemption Documents (Y) for September 2019
17-10-19 Presidential Circular No. 2019/22 on the Coordination of Activities Related to the European Union
18-10-19 Additional Decision to the Import Regime Decision (Number of Decisions: 1665)
19-10-19
Communiqué on the Amendment of the Communiqué of the Turkish Food Co-dex on Infant Formulas and Attendance Formulas (Communiqué No: 2019/14) (No: 2019/42)
Communiqué on the Amendment of the General Communiqué on Electronic Books (Serial No: 1) (Serial No: 3)
22-10-19
Addendum to the Council of Ministers Decision No 30/9/2013 of 2013/5428 on the freezing of persons, entities or organizations listed in Resolutions 1267 (1999), 1988 (2011) and 1989 (2011) of the United Nations Security Council (1) Decree Amending the List No (1672)
Amending the Decision on the Implementation of Protection Measures in Toothbrush Imports (Number of Decisions: 1675)
Decision on the Application of Protection Measures for the Import of Yarns from Nylon or Other Polyamides (Number of Decisions: 1676)
Communiqué on Protection Measures in Imports (No: 2019/2)
24-10-19 Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/28)
Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/29)
26-10-19 Corrective: Relating to the Decision on the Application of Protection Measures in the Import of Yarns from Nylon or Other Polyamides (Number of Decisions: 1676)
31-10-19
1235 Decree on the condemnation, rejection and dismissal of decisions of the United States House of Representatives
Communiqué on the Amendment of the Communiqué on Import Inspection of Solid Fuels under Control for the Protection of the Environment (Product Safety and Inspection: 2019/7) (Product Safety and Inspection: 2019/28)
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UKRAINE
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi-
dential Decrees (Указ Президента), Decrees of the Cabinet of Ministers
(Розпорядження Кабінету Міністрів України), Regulations (Положення),
Agency Orders (Наказ) and other pieces of legislation were posted on the Parlia-
mentary (Верховної Ради) website during the period of coverage of this Update:
Date Subject
02-10-19 On Amendments to the Customs Code of Ukraine on Some Issues of Author-ized Economic Operators Law of Ukraine dated 02.10.2019 № 141-IX
09-10-19 On approval of the new composition of the Interagency Commission on Interna-tional Trade Ordinance of the Cabinet of Ministers of Ukraine dated 09.10.2019 No. 934-p
17-10-19
On sending for re-first reading of the draft Law of Ukraine on amendments to some legislative acts of Ukraine and declaring invalid of the Law of Ukraine "On the List of documents of permits in the field of economic activity" on accelerat-ing deregulation in the sphere of economic activity Resolution of the Verkhovna Rada of Ukraine No. 203-IX of 17.10.2019
25-10-19
On the Delegation of Ukraine to the XXIV Session of the Conference of the States Parties to the Convention on the Prohibition of the Development, Pro-duction, Stockpiling and Use of Chemical Weapons and on its Destruction Presidential Decree; The composition of the collegiate body dated 25.10.2019 № 772/2019
28-10-19 Some Issues of Construction of Temporary Checkpoints of Entry into / Tempo-rarily Occupied Territory of Ukraine Resolution of the Cabinet of Ministers of Ukraine dated 28.10.2019 № 890
29-10-19
On removal from consideration of the draft Law of Ukraine on amendments to some legislative acts of Ukraine on improving the protection of the right to as-semble semiconductor products Resolution of the Verkhovna Rada of Ukraine of 29.10.2019 № 237-IX
EURASIAN ECONOMIC UNION (EAEU)
[NOTE: Due to space limitations, our normal coverage of EAEU legislation will re-
sume in the next edition]
Classification decisions adopted by the Commission and prelimi-nary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classification
decisions under the common tariff adopted by the Commission. A separate web-
site exists for preliminary decisions on the classification of goods adopted by the
customs authorities of states - members of the Eurasian Economic Union. It was
last updated September 15 2019. The table lists the tariff codes, a description,
rationale (GRIs) for the decision.
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Africa (Other than North Africa)
SOUTH AFRICA
New agreement between SACUM and the UK to boost growth in the region
While the world waits to hear what form Brexit will take at the end of October this
year, the Southern Africa Custom Union countries, with Mozambique, (SACUM)
recently announced the agreement in principle of a new Economic Partnership
Agreement (EPA) with the United Kingdom (UK). The parliamentary processes
needed to bring the agreement into effect are currently in progress. The agree-
ment, which will govern bilateral trade between the SACUM countries and the
UK, will come into effect if the UK leaves the EU in October. The new agreement,
termed the SACUM-UK Economic Partnership Agreement, will replicate the pref-
erential trade terms regarding tariffs, quotas, rules of origin and health and safety
regulations, which are currently part of the existing SADC-EU agreement.
Due to its close investment and financial ties to the UK, South Africa is one of
most exposed country in sub-Saharan Africa in terms of the impact of a hard
Brexit on the continent. The historic ease of doing business with the UK and
South Africa is brought about by various factors, including, similar time zones,
language, historical ties and familiarity. The UK is the fourth largest destination
for South African imports, with trade between the countries valued at around ZAR
140 billion and growing. The South African Revenue Service reported recently
that exports from South Africa to the UK were up six percent in August 2019.
As such, the new EPA greatly benefits South Africa and her neighbours as it will
allow for the continued preferential access to the UK market for certain important
sectors in the event of Brexit, and potential disruptions will be avoided. The motor
industry in South Africa is protected by the new agreement. According to the
South African Department of Trade and Industry (DTI), the new agreement en-
sures that cars assembled in South Africa will remain tariff-free to the UK. This is
good news for South Africa, where the automotive sector accounts for 6.8% of
GDP, with many South Africans employed by the sector. Further tariff free im-
ports of South African goods listed in the agreement include citrus products,
grapes, plums and wine.
According to the DTI, the agreement further includes new tariff-free quotas for
the SACUM region for about 70 000 tons of refined and unrefined sugar, 18000
tons of canned pear, apricot and peach and about 70 million litres of wines. Ma-
chinery, textiles and clothing, tea, beef, fresh fruit, fish and nuts are some of the
numerous other products that are exported from the region to the UK. Overall,
trade between the UK and SACUM countries was worth US$12bn in 2018.
The new EPA will also benefit UK businesses that export cars, motor parts, ma-
chinery, and pharmaceutical products, among other products, to the region. The
agreement further includes the UK’s preferential access to South Africa for com-
ponent-products made in the EU and used in final British products.
In 2018, a new Prosperity Fund programme with funding of up to £8 million was
announced by the UK, which is intended to support the implementation of the
new agreement by removing barriers to trade and expanding import and export
opportunities between the UK and SACUM. The UK government has noted that
the new agreement is intended to boost economic growth in the SACUM region.
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Countries across the world are racing to secure similar agreements with the UK.
According to the UK’s Department of International Trade, if trade agreements are
not in place if the UK were to leave the EU without a deal, trade between the UK
and those countries would take place under World Trade Organization rules. On
balance, this would result in higher import/export tariffs for all parties, and agree-
ments that are more limited in scope than at present.
The new agreement will be endorsed and signed by South Africa’s Cabinet, after
which it will be presented to parliament for ratification. The agreement must also
be ratified in the other SACUM countries. Given the timeframes, a Memorandum
of Understanding has been agreed which will allow SACUM to trade under the
new EPA’s terms, if the ratification process is not complete. The new agreement
will go a long way towards ensuring that the effects of Brexit will be mitigated for
the region and that trade between the UK will continue to flourish and grow in the
coming years.
If you have any questions, please contact the author, Virusha Subban.
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Date Publication
Details Subject
Implemen-tation Date
Customs & Excise Rules, 1995 - have been updated through 04-10-19
04-10-19
04-10-19
GG.42740 R.1289
Amendment to Part 1 of Schedule No. 2 by the dele-tion of various anti-dumping items under item 215.02 and insertion of new anti-dumping items under item 215.02 in order to amend the applicable tariff head-ings liable to anti-dumping duty for wire ropes and ca-bles – Minute 05/2019
Notice R.1289
04-10-19
GG.42740 R.1290
Amendment to the rules under section 38 – Southern African Customs Union (SACU) Unique Consignment Reference (UCR) number
Notice R.1290
18-10-19
GG.42773 R.1346
Amendment to Part 1 of Schedule No. 1, by the sub-stitution of tariff subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99, to increase the rate of customs duty on sugar from 401.79c/kg to 476.61c/kg in terms of the existing variable tariff for-mula – Minute M08/2019
Notice R.1346 18-10-19
GG.42773 R.1347
Amendment to Part 2 of Schedule No. 4, by the inser-tion of rebate items 460.05/2712.10.20/01.08; 460.07/3916.90.90/01.08; 460.15/72.17/01.04; 460.16/8544.70/01.06 and 460.18/9001.10/01.06, in order to provide for a rebate on certain input material used in the manufacture of optical fibre cables and optical ground wire cables – ITAC Report 603
Notice R.1347
25-10-19 GG.42789 R.1383
Amendment to Part 1 of Schedule No. 1 by the substi-tution of tariff subheadings 1001.91 and 1001.99 as well as 1101.00.10, 1101.00.20, 1101.00.30 and 1101.00.90 to increase the rate of customs duty on wheat and wheaten flour from 66.47/kg and 99.71c/kg to 100.86c/kg and 151.29c/kg respectively, in terms of the existing variable tariff formula – Minute 09/2019
Notice R.1383
25-10-19
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OTHER COUNTRIES IN AFRICA
GUINEA
Launch of the Single Window for Foreign Trade in the Republic of Guinea
The Republic of Guinea officialised on 3 September 2019 a Single Window for
Foreign Trade (the “Single Window”, in French, Guichet Unique). As part of a dig-
ital transformation process initiated by several African countries, such as Benin,
Ivory Coast and Nigeria, this new electronic system will centralize all administra-
tive procedures related to import-export transactions.
This mechanism - aiming at implementing the Recommendation No. 33 of the
United Nations Centre for Trade Facilitation and Electronic Business
(UN/CEFACT) - will be managed by the company Webb Fontaine Group, which
has held the concession contract for the supply, implementation, operation and
management of the Single Window, since 6 February 2019.
In practice, the Single Window is a platform that enables the electronic pro-
cessing of information flows and administrative procedures related to the import,
export and transit of goods and services. This platform will centralize all ex-
changes between key players involved in import-export transactions, whether
they are administrative authorities or private companies. The latter will therefore
carry out all their administrative procedures through a "one-stop shop". The plat-
form is available on the following website: www.guceg.gov.gn.
The main objective is to simplify the administrative procedures related to foreign
trade, in particular by reducing their costs and delays. According to the Budget
Minister, the single point of contact will increase trade fluidity and improve Guin-
ea's competitiveness, in particular regarding its seaports, such as Port of Cona-
kry. The purpose of the Single Window is also to secure the revenue collected by
the Tax and Customs services.
Regarding the supervision and monitoring of the Single Window, they will be en-
sured by an entity called the Steering Committee (in French, Comité de Pilotage)
placed under the Prime Minister's authority.
If you have any questions, please contact the Francophone Team: Richard
Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.
MADAGASCAR
Promulgation in Madagascar of an ordinance for the recovery of il-licitly acquired assets
The President of the Republic of Madagascar promulgated Ordinance No. 2019-
015 of 5 July 2019 on procedures for the recovery of illicitly acquired assets,
which is part of the fight against corruption in the country.
The Ordinance establishes a legal framework for the recovery of illicitly acquired
assets, which are defined as "assets and benefits of any kind derived from the
misappropriation of public property and funds, corruption, money laundering
and/or terrorist financing offences".
It is provided that illicitly acquired assets may be frozen, seized or confiscated.
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Freezing and seizure are the temporary prohibition of the transfer, conversion,
disposition or movement of property consequently by court order or another com-
petent authority, while confiscation is defined as the permanent dispossession of
property by court order.
An agency for the recovery of illicitly acquired assets will be responsible for the
execution of freezing, seizure and confiscation orders, as well as asset recovery
in the context of misappropriation of public property and funds. An implementing
decree must be issued to create this new agency and organise its operating pro-
cedures.
Frozen or seized property affected by recovery measures shall be recorded in a
register kept by the Chamber in charge of freezing or seizure. The decision to
seize property shall be notified to the Public Prosecutor's Office, the owner of the
seized property, third parties having rights over the property if known, and spe-
cialised public administrations, i.e. public administrations which, under specific
texts, have the power to seize or confiscate property.
An opposition to the decision to seize may be filed within ten days of the notifica-
tion or actual knowledge of the decision. The Chamber in charge of the freezing
must then decide within eight days. Opposition to the seizure decision shall have
no suspensive effect.
The Public Prosecutor may oppose the decision to lift the seizure, thus suspend-
ing the restitution of the property.
In the event of a decision to dismiss, discharge or acquit the alleged perpetrator,
the freezing or seizure measures may be lifted, subject to appeal by the Public
Prosecutor's Office. Assets used to commit an offence, dangerous assets, nar-
cotic drugs and other psychotropic substances may not be returned.
Regarding the issuance of confiscation measures, the Ordinance gives jurisdic-
tion to criminal courts. Such confiscation may also be ordered by a criminal court
which has ruled on the merits, on a written request from the Public Prosecutor's
Office and within a period not exceeding twelve months from the date of the final
conviction decision.
The confiscated assets shall be allocated to the State, except in the event of de-
struction or allocation provided for by law.
The decision to release or acquit entails the restitution of confiscated assets, un-
less they are dangerous for the public order.
Movable or immovable property used or intended to commit an offence, property
resulting from an offence - with the exception of property that can be returned to
the victim - and all property benefits resulting from the offence may be confis-
cated.
The Ordinance provides that in matters of misappropriation of property and public
funds, arrest and detention are applicable for the recovery of the sum represent-
ing the value of the confiscated property.
The confiscation order may be opposed and appealed in the same way as the
freezing or seizure order.
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The Ordinance provides that financial institutions, businesses and non-financial
professions holding property are required to execute freezing, seizure or confis-
cation orders. In the event of refusal, they are liable to suspension of their activity
or withdrawal of their license. When the seizure procedure is part of the prosecu-
tion of an offence, entities hindering its execution are prohibited from carrying out
certain social and commercial activities for a period of between 5 and 20 years.
In the case of the prosecution of a crime, this prohibition is permanent.
Persons who would hinder the progress of recovery procedures, either by reveal-
ing information before the execution of the measure or by deliberately refusing to
execute it, may be held liable. They may incur a prison sentence of between 1
and 5 years and a fine up to 100 million Ariary.
If you have any questions, please contact the Francophone Team: Richard
Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.
TOGO
Public procurement rules in Togo aligned with WAEMU guidelines
The Council of Ministers adopted two decrees transposing directives of the West
African Economic and Monetary Union (WAEMU) into the Togolese legal system.
Togo is now getting up to speed with international practices for public procure-
ment.
The first decree No. 2079-096/PR of 8 July 2019 regulates the delegation of pub-
lic project management and project management by transposing Directive
No. 02/2014 / CM / UEMOA which governs the development and management of
major or complex projects for which the state lacks the expertise required.
It provides that the public project owner, which is the public entity, may entrust a
delegated project manager, which is a legal person under private law, a legal
person under public law or a public interest association to exercise certain pow-
ers in its name and on its behalf. These powers include:
Defining the administrative and technical conditions for monitoring and complet-ing the work,
Preparing tender documents, selecting contractors and service providers after appointing a general contractor through a competitive process, designing, exe-cuting and managing contracts with these parties,
approval of draft preliminary proposals,
agreement on technical execution projects for the works,
payment of general contractor, contractors and service providers,
the acceptance and performance of all acts relating to the powers provided for above,
Legal proceedings.
The public project owner must periodically carry out a financial and management
audit as well as a technical audit of the operations carried out on its behalf by the
delegated project manager.
The project management agreement may be terminated when one of the parties
fails to comply with its obligations. It can also be terminated due to the insol-
vency, bankruptcy or liquidation of the property of the delegated project manager.
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Failure to obtain the necessary administrative authorizations for reasons other
than the fault of the delegated project manager is also a reason to terminate the
agreement.
The second decree No. 2019-097 of 8 July 2019 relates to the code of ethics and
conduct in public procurement. It transposes Directive No. 04/2012 /
CM/UEMOA.
The decree reminds the fundamental principles of public service, such as the
principles of equality, of neutrality and the principle of legality are reminded. It
also defines the fundamental principles of public procurement: free access to
public procurement, respect of the principle of equality for applicants and bidders
and transparency of process.
Applicants, bidders, successful tenderers or public service delegation contracts
(délégation de services publics) must also comply with social regulations prohibit-
ing forced labor and ensuring freedom of association and rules on workplace
health and safety.
The decree sets forth the rules governing conflicts of interest. To this end, each
applicant must provide detailed information in writing to the contracting authority
regarding the existence of a potential conflict of interest. Existence of a conflict of
interest disqualifies the candidate or bidder, or the termination of the contract.
Furthermore, entities cannot apply to a bid in the following circumstances:
the existence of economic, legal, professional or family relationships between the applicant or bidder and an agent of the contracting authority or a member of the public project owner's staff,
the situation in which the applicant or bidder proceeded to the analysis, prepara-tion or development of any element relating to the relevant public contract or pub-lic service delegation,
the existence of economic, legal, professional or family relationships between the candidate or bidder and a natural or legal person who has been engaged to pro-vide consultancy services in the preparation of plans, specifications, terms of ref-erence or other documents intended to be used in the award or execution of the relevant public contract or public service delegation.
If you have any questions, please contact the Francophone Team: Richard
Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.
Newsletters, Reports, Articles, Etc.
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into
important developments in the field of VAT/GST across the globe. In order to
maximize the effectiveness of this newsletter to you, most articles are brief and
are designed to flag topics that are likely to affect multi-national businesses. Con-
tacts for the Global VAT/GST Newsletter are:
Jochen Meyer-Burrow, Partner, [email protected]
Martin Morawski, Associate, [email protected]
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Publications, Alerts, Newsletters
The following Baker McKenzie publications, client alerts, legal alerts, newsletters
or postings released during the period of coverage of this Update may be of inter-
est to you:
Subject
International Trade, Tax and Anti-corruption
Global International Trade Compliance Update – October 2019 {older issues}
International Trade Client Alert: WTO Authorizes US Tariffs in Boeing/Airbus Arbitration Decision
Vietnam Tax Client Alert: Ministry of Finance to develop legal framework for cross-border e-commerce in customs operations
Thailand Trade Competition Client Alert: Trade Competition Commission Imposes its First Penalty
Mexico Consumer goods & retail Client Alert: The Ministry of Economy and the Ministry of Health publish draft amendment to the Mexican Official Standard governing the labeling of food and non-alcoholic beverages (Eng.); Publican la Secretaria de Economía y la Secreta-ría de Salud el Proyecto de Modificación a NOM de etiquetado de alimentos y bebidas no alcohólicas (Span.)
Global Transactions Forecast 2020 (Interactive)
Africa Tax Client Newsletter – Issue 1
Indonesia: New Minister of Trade Regulation Provides for More Flexible Supply Chain for Onshore Manufacturers
Netherlands: Starting 1 December 2019 Exporters Can Only be EU-Established Entities
Francophone Africa Legal Alert October 2019 (in English and French)
Insight: The Russian Ministry of Labour Issues Additional Guidance on Anti-Corruption Compliance
Other areas
For all Insight articles go to: https://www.bakermckenzie.com/en/insight
Vietnam Renewable Energy Client Alert: Draft Circular proposes new limitations on avoided cost tariff (ACT) mechanism for hydropower projects in Vietnam
Vietnam Technology, Media & Telecommunications Client Alert: Updates to the Draft De-cree detailing certain articles of the Law on Cybersecurity
Vietnam Antitrust and Competition Client Alert: New Decree regulating administrative pen-alties for acts in violation of competition regulations
Thailand Quarterly Alert (July-September 2019)
China IP Tech Client Alert: China: Drug administrative law amended to encourage innova-tion and deter safety violations
EMEA Healthcare Newsletter – October 2019
An Overview of Competition and Antitrust Regulations in Africa
Hong Kong Financial Services Client Alert: Hong Kong unveils licensing conditions for managers of virtual assets portfolios
Ukraine Banking & Finance Client Alert: Financial Services and Securities Regulatory Pow-ers Reallocated
Australia Client Alert: ASX listed companies be warned – “indirect market-based” causation accepted in first Australian securities class action to be decided at trial
Client Alert: UK and US Sign Data Access Agreement to Expedite Digital Evidence-Sharing in Criminal Investigations
Mexico Client Alert 19: The new Federal Civil Aviation Agency (Eng.); Alerta Legal: La
nueva Agencia Federal de Aviación Civil (Span.)
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Webinars, Meetings, Seminars, Etc.
We are very pleased to announce our 16th annual Global Trade and Supply Chain Webinar Series entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”.
The series will include the latest international trade developments including updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions developments. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Foreign investment review regimes around the world and emerging compliance risks in areas such as Human Rights and Forced Labour.
This year, we will expand our program of basic customs webinars to cover the areas of export controls and sanctions. The Basic program (highlighted in orange) will be primarily aimed at
participants who are new to Global Trade and/or those who would like a refresher.
Terrie Gleason, a partner in our San Francisco, CA
office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London
office and co-leader of the EMEA Customs practice, will moderate these webinars and be joined by experts from across our global network.
All webinars will begin at 11:00 AM Eastern (US) and are scheduled to run approximately 90 minutes. If you reside in a different time zone and wish to verify your time - please click on the following link:www.timeanddate.com.
If you missed a webinar that has already been given, wish to see it again or want to download a presenta-tion, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.
Upcoming Webinar Dates and Topics:
Date Topic
January 29 Basic: How to Classify Your Prod-ucts (Customs)
Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm),
Details
Webinar Start Time: 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago 11:00 AM (Eastern) - DC 4:00 PM (GMT) - London 5:00 PM (CET) - Frankfurt 12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com These webinars are all complimentary.
Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit:
REGISTER NOW!
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Andrew Rose (London), and Riza Budi-tomo (Jakarta)
February 26 Trade Wars vs. Free Trade Agree-ments (Brexit, TPP, NAFTA)
Speakers: Stu Seidel (DC), Cindy Ow-ens (Singapore), Jenny Revis (Lon-don), and Meera Rolaz (London)
March 19 Basic: Export controls and sanc-tions
Speakers: Ben Smith (London), Olof Konig (Stockholm), Hanna Shtepa (Kyiv), and Paul Amberg (Amsterdam)
April 30 Conducting investigations and mak-ing disclosures
Speakers: Ross Denton (Lon-don), John McKenzie (San Francisco), Anahita Thoms (Dusseldorf), and Lise Test (DC)
May 21 Basic: How to determine the origin of your products (Customs)
Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (Barce-lona), and John F. McKenzie (San Francisco)
June 25 Overview of global ABC enforce-ment
Speakers: Yindi Gesinde (Lon-don), Julian Godfray (London), Omid Uskowi (DC), and Henry Chen (Shang-hai). Moderator: Tristan Grimmer (London)
July 30 Basic: How to value your products (Customs)
Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto)
August 27 Foreign investment review regimes around the world: Focus on US, EU, UK, Germany and Canada
Speakers: Kevin Nordin; (London) Jon Cowley (Hong Kong), and Brian Cacic (Toronto)
September 24 Basic: Overview of customs and im-ports developments: US, Brazil, China/Asia and Mexico
Speakers: Eunkyung Kim Shin (Chi-cago), Alessandra Machado (Sao Paolo), Frank Pan (Shanghai), and Ar-mando De Lille (Monterrey)
October 29 Key updates on export controls and sanctions
Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Mos-cow), and Anne Petterd (Singapore)
November 19 Basic: Overview of customs and im-ports developments: EU, Middle East and Russia
Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. We have applied to renew our accreditation for our webinar in December and our upcoming webinars in 2019. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
These webinars have been approved for 1.5 CCS, CES and MES credit by the National Customs Brokers & Forwarders Association of America, Inc
To register for this complimentary webinar series, click on the Register Now button above and provide your information. You can register for one or all webinars.
We hope you will participate in and enjoy this exciting webinar series!
Interested in learning more?
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Speakers: Nicole Looks (Frank-furt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow)
December 17 Managing Emerging Compliance Risks
Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London)
Our 15th annual Global Trade and Supply Chain Webinar Series entitled, "2018: Continu-ing Challenges in Global Trade" ended on December 8, 2018.
In 2018, we again expanded our usual program to include our Customs Academy, which featured six "Customs 101" webinars ( highlighted in green below). The Customs 101 pro-gram is primarily aimed at participants who are new to Customs and/or those who would like a refresher and included introductory sessions on key Customs topics such as tariff classifica-tion, valuation and origin; and an overview of Customs in some key jurisdictions. Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these
webinars and were joined by experts from across our global network. If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.
January 30 Human Rights, Forced Labor, and Ethical Sup-ply Chains: Best Practices for Managing Grow-ing Legal Obligations and Risks Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto)
Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 teresa.gleason @bakermcken-zie.com Questions: If you have any questions regard-ing this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]
MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas
January 30
February 27 Customs Basic: How to Classify Your Products Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt)
March 27
Hot Topics in US, European, and Asian Ex-port Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco)
April 24 Customs Basic: How to determine the origin of your products
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Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto)
general CLE credits. Florida and Vir-ginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uni-form CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certi-fied by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This program may earn newly admitted New York attorneys credit un-der Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forward-ers Association of America, Inc.
Interested in learning more?
May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Ni-cole Looks (Frankfurt) and Jenny Revis (Lon-don)
June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cow-ley (Hong Kong) and Brian Cacic (Toronto)
July 24 Update on US “Protectionism”, Brexit and TPP Speakers: Stu Seidel (DC), Jenny Revis (London), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh)
August 28
Customs Basic: What you need to know about importing into China, Russia and the Middle East Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East)
September 25 Customs Audits and Enforcement Actions: Best Practices and Trends Speakers: Adriana Ibarra-Fernandez (Mex-ico), Nicole Looks (Frankfurt), and Stuart Seidel (DC)
October 30 Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina Speakers:Armando de Lille-Calatayud (Mon-terrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires)
November 27 Hot Topics in US, European, and Asian Trade Sanctions Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong)
December 18 Customs Basic: How to mitigate duties through use of customs procedures Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara)
RECORDED SESSIONS FROM OUR 2018
ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA
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14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video
Foreign Investment Risk Review Act ("FIRRMA") and the Revision of the CFIUS Pro-cess
United States Export Control Developments
European Union Export Control Developments
Emerging Export Control Programs in the Asia/Pacific Region
Economic Sanctions Developments
Export Control and Economic Sanctions Enforcement
Click here to view and/or download the materials.
15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video
The Trump Administration Trade Agenda (this panel did not include slides)
Trade Wars
Trade Agreements Developments
Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil
Update on Foreign Import Restrictions
Anti-Corruption Compliance and Trade Issues
Click here to view and/or download the materials.
Presentation Materials
Changes and Developments in Japan and Asia Pacific
Business Implications of Trade Conflict
Free Trade Agreement Developments
Trade Sanctions and Export Controls
E Commerce Challenges and Opportunities
WTO TBT Notifications
Member countries of the World Trade Organization (WTO) are required under
the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the
WTO all proposed technical regulations that could affect trade with other Member
countries. The WTO Secretariat distributes this information in the form of “notifi-
cations” to all Member countries. This chart summarizes notifications in English
posted by the WTO during the past month. If you are interested in obtaining cop-
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ies of any of these notifications, please contact stuart.seidel@bakermcken-
zie.com who will try to obtain the text. Some notifications are only available in the
official language of the country publishing the notification. Note: All dates are
given as mm/dd/yyyy; National flags are not scaled for relative comparison.
Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
Argentina ARG/357/Add.1 09/26/2019 Not given Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 22.04)
Argentina ARG/376 09/26/2019 11/25/2019 Electric pumps for domestic use; pumps for liquids, whether or not fitted with a measuring device; liquid elevators (HS 8413)
Argentina ARG/151/Add.20/Corr.1
10/01/2019 Not given Bicycles
Argentina ARG/38/Add.12 10/01/2019 Not given Safety auto parts and/or fittings
Argentina ARG/38/Add.13 10/01/2019 Not given Safety auto parts and/or fittings
Argentina ARG/139/Add.1 10/02/2019 Not given Measuring instruments and apparatus
Argentina ARG/140/Add.2 10/02/2019 Not given Measuring instruments and apparatus
Argentina ARG/140/Add.3 10/02/2019 Not given Measuring instruments and apparatus
Argentina ARG/223/Add.1 10/02/2019 Not given Pre-measured products
Argentina ARG/329/Add.1 10/08/2019 Not given Plywood
Argentina ARG/344/Add.2 10/09/2019 Not given Construction materials and building
Argentina ARG/38/Add.14 10/11/2019 Not given Safety auto parts and/or fittings
Argentina ARG/377 10/11/2019 12/10/2019 Machinery and equipment (HS 84)
Argentina ARG/297/Add.13
10/14/2019 Not given Low-voltage electrical products
Argentina ARG/378 10/16/2019 12/15/2019 Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 22.04)
Argentina ARG/82/Add.3 10/23/2019 Not given Natural gas
Argentina ARG/185/Add.1 10/23/2019 Not given Personal hygiene products, cosmetics and per-fumes
Argentina ARG/211/Add.8 10/23/2019 Not given Gas appliances for domestic use
Australia AUS/112 10/08/2019 11/24/2019
Imported and domestically produced packaged al-coholic beverages required to bear a label for sale in Australia and New Zealand.; - Other wine; grape must with fermentation prevented or arrested by the addition of alcohol: (HS 22042); Other fermented beverages (for example, cider, perry, mead); mix-tures of fermented beverages and mixtures of fer-mented beverages and non-alcoholic beverages, not elsewhere specified or included (HS 2206); Un-denatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength (HS 2207); Un-denatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages (HS 2208)
Australia AUS/112/Add.1 10/23/2019 Not given
Imported and domestically produced packaged al-coholic beverages required to bear a label for sale in Australia and New Zealand.; - Other wine; grape must with fermentation prevented or arrested by the
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
addition of alcohol: (HS 22042); Other fermented beverages (for example, cider, perry, mead); mix-tures of fermented beverages and mixtures of fer-mented beverages and non-alcoholic beverages, not elsewhere specified or included (HS 2206); Un-denatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength (HS 2207); Un-denatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages (HS 2208)
Australia AUS/111/Add.1 10/24/2019 Not given
Quad Bikes commonly known as All-Terrain Vehi-cles (ATVs) - an off road vehicle propelled by me-chanical energy designed to travel on 4 wheels, with a seat designed to be straddled by the operator and handlebars for steering control.
Bolivia BOL/10/Add.5 10/02/2019 Not given
Andean Community Nomenclature (NANDINA) code. Product description - Portland Cement: 2523.29.00 - Other: Only applies to cement types I, IP, IF, IS and IM. Other hydraulic cements: Only ap-plies to pozzolanic cements
Bolivia BOL/18 10/07/2019 12/06/2019
Yarn of carded wool, not put up for retail sale (HS 5106); Yarn of combed wool, not put up for retail sale (5107); Yarn of fine animal hair (carded or combed), not put up for retail sale (HS 5108); Yarn of wool or of fine animal hair, put up for retail sale (HS 5109)
Bolivia BOL/17 09/24/2019 11/16/2019
3303.00.00 Perfumes and toilet waters; 33.04 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; mani-cure or pedicure preparations; 3304.10.00 Lip make-up preparations; 3304.20.00 Eye make-up preparations; 3304.30 Manicure or pedicure prepa-rations - Other; 3304.91.00 Powders, whether or not compressed; 3304.99.00 Other; 33.05 Prepara-tions for use on the hair; 330
Bolivia BOL/3/Add.7 10/21/2019 Not given Processes in the food industry
Bolivia BOL/7/Add.1 10/23/2019 Not given Fire extinguishers, whether or not charged (HS 842410)
Brazil BRA/781/Add.3 10/02/2019 Not given Food supplements and labelling
Brazil BRA/918 10/03/2019 12/09/2019 HS Code(s): 300210, 30029010 (blood plasma and blood derivates)
Brazil BRA/821/Add.3/Corr.1
10/07/2019 Not given Public Taking of subsidies
Brazil BRA/919 10/08/2019 Not given HS Code(s): 13021970 (cannabidiol based prod-ucts)
Brazil BRA/821/Add.4 10/10/2019 Not given Public Taking of subsidies
Brazil BRA/920 10/10/2019 Not given HS Code(s): 30029090 (strain of Mycobacterium massiliense)
Brazil BRA/921 10/17/2019 12/6/2019 HS 04.06.90 matured "Minas" cheese.
Brazil BRA/922 10/17/2019 12/9/2019 HS 04.06.30; - Processed cheese, not grated or powdered (HS 040630); Cheese
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
Brazil BRA/923 10/17/2019 12/8/2019 HS 04.06.10; - Fresh (unripened or uncured) cheese, including whey cheese, and curd (HS 040610); Cheese
Brazil BRA/924 10/17/2019 12/8/2019 HS 04.06.90 provolone cheese
Brazil BRA/925 10/17/2019 12/8/2019 HS 04.03 milk desert
Brazil BRA/926 10/17/2019 12/8/2019 HS 04.06.10 ricotta cheese
Brazil BRA/323/Add.6 10/22/2019 Not given Transportable containers for liquefied petroleum gas
Brazil BRA/384/Add.7 10/22/2019 Not given Helmets; Safety headgear (HS 6506)
Brazil BRA/872/Add.1 10/22/2019 Not given HS Codes: 3402; 340119; 340120; 330290 (sanitiz-ing products)
Brazil BRA/899/Add.1 10/22/2019 Not given HS CODE: 29; 30 (active pharmaceutical ingredi-ents)
Brazil BRA/900/Add.1 10/22/2019 Not given HS CODE: 29; 30. (active pharmaceutical ingredi-ents)
Brazil BRA/904/Add.1 10/22/2019 Not given HS CODE: 29; 30. (active pharmaceutical ingredi-ents)
Brazil BRA/905/Add.1 10/22/2019 Not given HS CODE: 29; 30. (active pharmaceutical ingredi-ents)
Brazil BRA/927 10/22/2019 12/16/2019 HS 8708 - Parts & accessories for motor vehicles of 8701 to 8705 - Fifth wheel couplings
Brazil BRA/873/Add.1 10/24/2019 Not given HS Codes: 3303; 3304; 3305; 3306;3307; 340111; 340130; 9616; 9619 (personal hygiene products, cosmetics, and perfumes)
Brazil BRA/899/Add.2 10/25/2019 Not given HS CODE: 29; 30 (active pharmaceutical ingredi-ents)
Brazil BRA/885/Add.1 10/28/2019 Not given HS CODE: 30 Pharmaceutical products
Brazil BRA/899/Add.2 10/25/2019 Not given HS CODE: 29; 30 (active pharmaceutical ingredi-ents)
Brazil BRA/900/Add.2 10/28/2019 Not given HS CODE: 29; 30. (active pharmaceutical ingredi-ents)
Brazil BRA/904/Add.2 10/28/2019 Not given HS CODE: 29; 30. (active pharmaceutical ingredi-ents)
Brazil BRA/905/Add.2 10/28/2019 Not given HS CODE: 29; 30. (active pharmaceutical ingredi-ents)
Brazil BRA/928 10/29/2019 12/30/2019 HS Codes: 2936, 2937, 3001, 3002, 3003, 3004, 3006 (medical devices)
Brazil BRA/929 10/29/2019 12/30/2019 HS Code(s): 3002300, 3822 (In vitro diagnosis products)
Brazil BRA/399/Add.1 10/30/2019 Not given By products used for animal feed (2308, 2309)
Brazil BRA/930 10/30/2019 Not given Agricultural products their by-products and residues of economic value
Burundi BDI/59 10/10/2019 12/09/2019 Adhesives (Pressure sensitive adhesive tape)
Burundi BDI/60 10/10/2019 12/09/2019 Other, of polyethylene or polypropylene strip or the like (HS 630533) (Woven polypropylene outer bags)
Burundi BDI/61 10/10/2019 12/09/2019 Storing. Warehousing (Portable rigid plastic her-metic grain silo)
Canada CAN/600 10/28/2019 12/20/2019 HS 020110-500200 (Veal Weight)
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
Chile CHL/442/Add.2 09/26/2019 Not given Milk and cheese
Chile CHL/458/Add.1 09/26/2019 Not given Labelling of milk and dairy products
Chile CHL/466/Add.1 10/01/2019 Not given
Units for measuring electricity consumption; smart metres; systems for communicating, handling and managing information related to smart measure-ment in distribution networks or in the networks of enterprises with facilities for distributing electrical energy that use national public property
Chile CHL/501 10/03/2019 12/02/2019 Fertilizers
Chile CHL/502 10/07/2019 12/06/2019 Portable external defibrillators
Chile CHL/503 10/08/2019 12/07/2019 Electricity transmission system installations
Chile CHL/405/Add.1 10/11/2019 Not given Urban public transport vehicles
Chile CHL/504 10/17/2019 12/16/2019 Indoor lighting products including light bulbs, com-pact fluorescent lamps, LED lamps and halogen light bulbs
Chile CHL/505 10/21/2019 12/20/2019 Aviation gasoline, other than liquid fuels for other uses
China CHN/1372 10/01/2019 11/30/2019
Urinals; Ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures (HS 6910); Sanitary installations
China CHN/1373 10/01/2019 11/30/2019
Regenerative rolling reheating furnaces; Industrial or laboratory furnaces and ovens, including inciner-ators, non-electric (HS 8417); Energy and heat transfer engineering in general
China CHN/1374 10/01/2019 11/30/2019 Ophthalmometers; Other ophthalmic instruments and appliances (HS 901850); Ophthalmic equip-ment
China CHN/1375 10/01/2019 11/30/2019 Refractor heads; Other ophthalmic instruments and appliances (HS 901850); Ophthalmic equipment
China CHN/1376 10/01/2019 11/30/2019
Smart water closets; Ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures (HS 6910); Sanitary installations
China CHN/1377 10/01/2019 11/30/2019 Horizontal lifeline devices; Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof (HS 84); Other protective equipment
China CHN/1378 10/01/2019 11/30/2019 Footwear protecting against chemicals; Other foot-wear with outer soles and uppers of rubber or plas-tics (HS 6402); Leg and foot protection
China CHN/1379 10/01/2019 11/30/2019 Pharmaceutical products (HS 30); Medicaments
China CHN/1380 10/01/2019 11/30/2019
Glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for or-gano-therapeutic uses; heparin and its salts; other human or animal substances prepared for thera-peutic or prophylactic uses, not elsewhere specified or included (HS 3001); Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic
Baker McKenzie
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uses; antisera and other blood fractions and modi-fied immunological products, whether or not ob-tained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (ex-cluding yeasts) and similar products (HS 3002); Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) consisting of two or more constitu-ents which have been mixed together for therapeu-tic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale (HS 3003); Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) consisting of mixed or un-mixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale (HS 3004); Phar-maceutical goods specified in Note 4 to this Chap-ter (HS 3006); Medicaments
China CHN/1381 10/01/2019 11/30/2019
Glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for or-gano-therapeutic uses; heparin and its salts; other human or animal substances prepared for thera-peutic or prophylactic uses, not elsewhere specified or included (HS 3001); Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modi-fied immunological products, whether or not ob-tained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (ex-cluding yeasts) and similar products (HS 3002); Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) consisting of two or more constitu-ents which have been mixed together for therapeu-tic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale (HS 3003); Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) consisting of mixed or un-mixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale (HS 3004); Phar-maceutical goods specified in Note 4 to this Chap-ter (HS 3006); Medicaments
China CHN/1382 10/01/2019 11/30/2019
Antibacterial and bacteriostatic lotions; Soap; or-ganic surface- Active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface- Active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impreg-nated, coated or covered with soap or detergent (HS 3401); Organic surface- Active agents (other than soap); surface- Active preparations, washing preparations (including auxiliary washing prepara-tions) and cleaning preparations, whether or not
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containing soap, other than those of heading 34.01 (HS 3402); Sterilization and disinfection
China CHN/1383 10/16/2019 12/15/2019
Cleaning Agents; Acyclic hydrocarbons (HS 2901); Halogenated derivatives of hydrocarbons (HS 2903); Other organic compounds (HS 2942); Or-ganic surface- Active agents (other than soap); sur-face- Active preparations, washing preparations (in-cluding auxiliary washing preparations) and clean-ing preparations, whether or not containing soap, other than those of heading 34.01 (HS 3402); Pol-ishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, nonwovens, cellu-lar plastics or cellular rubber, impregnated, coated or covered with such preparations), excluding waxes of heading 34.04 (HS 3405); Pickling prepa-rations for metal surfaces; fluxes and other auxiliary preparations for soldering, brazing or welding; sol-dering, brazing or welding powders and pastes con-sisting of metal and other materials; preparations of a kind used as cores or coatings for welding elec-trodes or rods (HS 3810); Organic composite sol-vents and thinners, not elsewhere specified or in-cluded; prepared paint or varnish removers (HS 3814); Other products of the chemical industry
China CHN/1384 10/16/2019 12/15/2019
Architectural Wall Coatings; Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings; non-refractory sur-facing preparations for façades, indoor walls, floors, ceilings or the like (HS 3214); Paints and varnishes
China CHN/1385 10/16/2019 12/15/2019
Vehicle Coatings; Paints and varnishes (including enamels and lacquers) based on synthetic poly-mers or chemically modified natural polymers, dis-persed or dissolved in a non-aqueous medium; so-lutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes
China CHN/1386 10/16/2019 12/15/2019
Woodenware Coatings; Paints and varnishes (in-cluding enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes
China CHN/1387 10/16/2019 12/15/2019
Adhesive; Prepared glues and other prepared ad-hesives, not elsewhere specified or included; prod-ucts suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg (HS 3506); Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (in-cluding those consisting of mixtures of natural prod-ucts), not elsewhere specified or included (HS 3824)
China CHN/1388 10/16/2019 10/15/2019 Industrial Protective Coatings; Paints and varnishes (including enamels and lacquers) based on syn-thetic polymers or chemically modified natural poly-
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mers, dispersed or dissolved in a non-aqueous me-dium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes
China CHN/1389 10/16/2019 12/15/2019
Interior Floor Coatings; Paints and varnishes (in-cluding enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes
China CHN/1390 10/16/2019 12/15/2019
Marine Coatings; Paints and varnishes (including enamels and lacquers) based on synthetic poly-mers or chemically modified natural polymers, dis-persed or dissolved in a non-aqueous medium; so-lutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes
China CHN/1391 10/16/2019 12/15/2019 Ink; Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid (HS 3215); Inks. Printing inks
China CHN/1392 10/16/2019 12/15/2019 Point-Type Combustible Gas Detectors for Indus-trial and Commercial Use; - Gas or smoke analysis apparatus (HS 902710); Fire protection
China CHN/1393 10/16/2019 12/15/2019 Household Combustible Gas Detectors; - Gas or smoke analysis apparatus (HS 902710); Fire pro-tection
China CHN/1394 10/16/2019 12/15/2019 Portable Combustible Gas Detectors for Industrial and Commercial Use; - Gas or smoke analysis ap-paratus (HS 902710); Fire protection
China CHN/1395 10/16/2019 12/15/2019
Line-Type Optical Beam Combustible Gas Detec-tors for Industrial and Commercial Use; - Gas or smoke analysis apparatus (HS 902710); Fire pro-tection
China CHN/1396 10/16/2019 12/15/2019
Specific application sprinklers in automatic sprinkler system; Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spray-ing liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines (HS 8424); Fire-fighting
China CHN/1397 10/17/2019 12/16/2019 Information Technology Equipment; Information technology (IT) in general
China CHN/1398 10/17/2019 12/16/2019 Information technology equipment; Information technology (IT) in general
China CHN/1399 10/22/2019 12/21/2019
Passenger Cars; Motor cars and other motor vehi-cles principally designed for the transport of per-sons (other than those of heading 87.02), including station wagons and racing cars (HS 8703); Road vehicles in general
Colombia COL/239 09/24/2019 11/16/2019
3303.00.00 Perfumes and toilet waters; 33.04 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; mani-cure or pedicure preparations; 3304.10.00 Lip make-up preparations; 3304.20.00 Eye make-up preparations; 3304.30 Manicure or pedicure prepa-rations - Other; 3304.91.00 Powders, whether or
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not compressed; 3304.99.00 Other; 33.05 Prepara-tions for use on the hair; 330
Colombia COL/240/Add.1 10/16/2019 Not given Foodstuffs for animals
Colombia COL/240 10/14/2019 11/13/2019 Foodstuffs for animals
Colombia COL/238/Add.1 10/21/2019 Not given
Food prioritized for its sodium content Tariff sub-heading Tuna in oil 1604.14.10.00 Tuna in water 1604.14.10.00 Mixed tuna 1604.14.10.00 Dehy-drated sauce mixes 2104.10.10.00 Dehydrated soups 2104.10.20.00 Ground chicken sausage 1601.00.00.00 Mixed and multi-ingredient breakfast cereal 1104.30.00.00 Extruded and expanded breakfast cereal 1104.30.00.00 Flaked breakfast cereal 1104.30.00.00 Chorizo 1601.00.00.00 Chicken chorizo 1601.00.00.00 Packaged croutons 190 Extruded food products with no added flavour-ing 1904.10.00.00 Extruded food products with added flavouring 1904.10.00.00 Salted biscuits 1905.90.10.00 Low-sodium biscuits 1905.90.10.00 Ham 1602.41.00.00 Chicken ham 1602.41.00.00 Peanuts with other nuts 2008.19.90.00 Peanuts with raisins 2008.11.90.00 Salted peanuts 2008.11.90.00 Sweet peanuts 2006.00.00.00 2008.11.90.00 1806.90.00.90 Lightly salted pea-nuts 2008.11.90.00 Peanuts mixed with other ingre-dients 2008.19.90.00 2008.11.90.00 Japanese pea-nuts 2008.11.90.00 Butter; 0405.10.00.00 Industrial margarine 1510.17.10.00 Table and cooking mar-garine and spreads 1510.17.10.00 Mayonnaise 2103.90.00.00 Mixture for the preparation of fla-vourings and seasonings 2103.90.20.00 Mixture for the preparation of seasonings and texturizers 2103.90.20.00 Mixed snacks with no added flavour-ing 2005.20.00.00 2005.91.00.00 1602.49.00.00 Mixed snacks with added flavouring 2005.20.00.00 2005.91.00.00 2301.10.10.00 Mortadella 1601.00.00.00 Chicken mortadella 1601.00.00.00 Mustard 2103.30.20.00 Packaged soft bread 1905.90.90.00 Packaged buns 1905.90.90.00 Packaged sliced bread 1905.90.90.00 Packaged toasted bread 1905.40.00.00 Potato chips with added flavouring 2005.20.00.00 Potato chips with no added flavouring 2005.20.00.00 Wheat flour snacks 1905.90.90.00 Pork crackling snacks 2301.10.10.00 Vegetable pasta 2103.90.90.00 Plantains and/or cassava 2008.99.90.00 Wheat flour products 1905.90.90.00 Baked cassava starch-based products 1905.90.90.00 Cream cheese 0406.10.00.00 Fresh farmers' cheese (tipo campesino) 0406.10.00.00 Fresh pasta filata cheese 0406.10.00.00 Sausage 1601.00.00.00 Chicken sausage 1601.00.00.00 Salami sausages 1601.00.00.00 Chicken salami sausage 1601.00.00.00 Soya sauce 2103.10.00.00 Tomato sauce 2103.10.90.00 Tomato-based sauces 2002.10.90.00 Sauces with tomato 2002.10.90.00 Vegetable-based sauces 2103.90.90.00 Emulsified sauces 2103.90.90.00 Non-emulsified sauces
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2103.90.90.00 Sardines in oil 1604.20.13.00 Sar-dines in tomato sauce 1604.13.10.00 Dry soups with pasta 2104.10.20.00 Dehydrated soups and cream soups 2104.10.20.00 Corn tortillas 1905.90.90.00
Côte d'Ivoire CIV/5 10/09/2019 Not given Toys of all types
Côte d'Ivoire CIV/6 10/09/2019 Not given
Apparel; household linen (sheets, blankets, table-cloths, dish towels); other made up textile articles (table, bed and toilet linen, curtains), knitted or cro-cheted; other domestic textiles; other made up tex-tile articles (floor-cloths, dish-cloths, dusters)
Côte d'Ivoire CIV/7 10/09/2019 Not given
Used goods: Used products; worn clothing and other worn articles - worn footwear, excluding any product withdrawn from the market for non-compli-ance and end-of-life products
Côte d'Ivoire CIV/8 10/09/2019 Not given Other health, safety and environmental products: Welding electrodes
Côte d'Ivoire CIV/9 10/09/2019 Not given Footwear of all types
Côte d'Ivoire CIV/10 10/09/2019 Not given Personal protective equipment: Sterile gloves; med-ical equipment
Côte d'Ivoire CIV/11 10/09/2019 Not given Personal protective equipment: Safety footwear
Côte d'Ivoire CIV/12 10/09/2019 Not given Used goods: Television sets and analogue terminal equipment
Czech Republic CZE/246 10/31/2019 01/08/2020
Gas flow computers; Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flowmeters, level gauges, manometers, heat me-ters), excluding instruments and apparatus of head-ing 90.14, 90.15, 90.28 or 90.32 (HS 9026); Metrol-ogy and measurement. Physical phenomena (Vo-cabularies), Measuring instruments
Ecuador ECU/177/Add.8 09/27/2019 Not given
Motorcycles (HS 8711, 8711.10.00, 8711.10.00.10, 8711.10.00.90, 8711.20.00, 8711.20.00.10, 8711.20.00.90, 8711.30.00, 8711.30.00.10, 8711.30.00.90, 8711.40.00, 8711.40.00.10, 8711.40.00.90, 8711.50.00, 8711.50.00.10, 8711.50.00.90, 8711.90.00, 8711.90.00.10 and 8711.90.00.90)
Ecuador ECU/476 09/24/2019 11/16/2019
3303.00.00 Perfumes and toilet waters; 33.04 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; mani-cure or pedicure preparations; 3304.10.00 Lip make-up preparations; 3304.20.00 Eye make-up preparations; 3304.30 Manicure or pedicure prepa-rations - Other; 3304.91.00 Powders, whether or not compressed; 3304.99.00 Other; 33.05 Prepara-tions for use on the hair; 330
Egypt EGY/1/Add.8 10/17/2019 Not given Food products
Egypt EGY/2/Add.9 10/17/2019 Not given Food products
Egypt EGY/191/Add.1 10/17/2019 Not given Footwear
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Egypt EGY/194/Add.1 10/17/2019 Not given Footwear
Egypt EGY/232 10/17/2019 12/16/2019 Tissue paper
European Union EU/682 10/03/2019 12/02/2019 Chlorpyrifos (pesticide active substance, also known as chlorpyrifos-ethyl)
European Union EU/683 10/03/2019 12/02/2019 Chlorpyrifos-methyl (pesticide active substance)
European Union EU/684 10/08/2019 12/07/2019 Vehicles and their trailers (M-, N- and O-category vehicles), and of systems, components and sepa-rate technical units for such vehicles
European Union EU/685 10/15/2019 12/14/2019 Construction products
European Union EU/686 10/23/2019 11/22/2019
Vehicles (category M 1 or N 1 defined in Annex IIA to Directive 70/156/EEC, and three wheel motor ve-hicles as defined in Directive 92/61/EEC, but ex-cluding motor tricycles)
European Union EU/687 10/23/2019 12/22/2019
Vehicles (category M 1 or N 1 defined in Annex IIA to Directive 70/156/EEC, and three wheel motor ve-hicles as defined in Directive 92/61/EEC, but ex-cluding motor tricycles)
European Union EU/688 10/28/2019 12/27/2019 Two- and three-wheeled vehicles and quadricycles
Guyana GUY/22 10/24/2019 Not given
The requirements of this standard cover holders and connectors for electric lamps, including incan-descent, fluorescent, and other electric-discharge-type lamps. These requirements cover screw lamp holders, including those intended to be mounted di-rectly on an outlet box, lamp holders for special uses, lamp holders for electric signs and adapters that convert one lamp holder size to another.; Elec-trical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightning ar-resters, voltage limiters, surge suppressors, plugs, junction boxes), for a voltage exceeding 1,000 volts (HS 8535)
Guyana GUY/23 10/24/2019 Not given
Factory-assembled seasonal lighting strings with push-in, midget-screw, or miniature-screw lam-pholders connected in a series or across-the-line use or with candelabra - or intermediate-screw lam-pholders connected in parallel or direct-connection-use. These requirements also cover factory assem-bled seasonal decorative outfits such as wreaths, stars, lights sculptures, crosses, candles or candle sets without lamp shades, products in the shape of, or in resemblance to Christmas Trees with simu-lated branches and needles, products in shape of or in resemblance to wreaths provided with simulated branches or needles, blow-molded figures or ob-jects, animated figures, tree tops, controllers, tree stands, electric tree poles and motorized decorative displays. These requirements cover products which are portable and not permanently connected to a power source; - Lighting sets of a kind used for Christmas trees (HS 940530)
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Guyana GUY/24 10/24/2019 Not given
HS: 8536.7000 Interlocked steel or aluminum ar-mored cables that contain 2, 3, or 4, 14 ?1 AWG in-sulated circuit conductors with or without grounding conductors and are for use as Type AC Armored Cable. These requirements cover cables for use at potentials of 600 V or less and at temperatures that are not higher than 75°C (167°F) for Type ACTH, or 90°C (194°F) for Types ACHH and ACTHH, de-pending upon the temperature rating of the insu-lated conductors used. Cables with aluminum armor are suitable only for use with connectors other than the direct-bearing set-screw type and only in alter-nating-current circuits.; Electrical apparatus for switching or protecting electrical circuits, or for mak-ing connections to or in electrical circuits (for exam-ple, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
Guyana GUY/25 10/24/2019 Not given
HS: 8536.29 This standard cover pane boards for the control and protection of electric lighting and ap-pliance branch circuits, and power circuits, including feeder distribution panel boards. They also cover units specifically designed for panel board assem-bly.; Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceed-ing 1,000 volts (HS 8536)
Guyana GUY/26 10/24/2019 Not given
HS: 8536.50 This standard covers switches with or without fuse holders, switches having individual ba-ses intended for front or rear wiring connection, and switch parts without bases intended for mounting on switchboards and panel boards. Switches may be single or multi pole and with or without quick break or auxiliary contacts except where such contacts are specifically required.; - Other switches (HS 853650)
Guyana GUY/27 10/24/2019 Not given
HS: 8536.7000 These requirements cover conduit locknuts, conduit bushings, metal stud bushings, conduit bodies, and entrance elbows; fittings for electrical metallic tubing, flexible metal conduit, in-termediate metal conduit, Liquid-tight flexible con-duit, rigid metal conduit, and service-entrance heads; fittings or box clamps Referenced from other standards for armored cable, metal-clad cable, alu-minum-sheathed cable, Mineral-insulated cable, nonmetallic-sheathed cable, service-entrance ca-ble, and tray cable, and Submersible fittings; fittings for flexible cord, flexible nonmetallic and metallic tubing, insulating bushings, Grips, reducing wash-ers, and nipples.; Electrical apparatus for switching or protecting electrical circuits, or for making con-nections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a volt-age not exceeding 1,000 volts (HS 8536)
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Guyana GUY/28 10/24/2019 Not given
These requirements cover enclosed and open-type Surge Protective Devices (SPDs) designed for re-peated limiting of transient voltage surges as speci-fied in the standard on 50 or 60 Hz power circuits not exceeding 1000 V and for PV applications up to 1500 V dc and designated as follows: Type 1 – One port, permanently connected SPDs, except for watt-hour meter socket enclosures, intended for installa-tion between the secondary of the service trans-former and the line side of the service equipment overcurrent device, as well as the load side, includ-ing watthour meter socket enclosures and Molded Case SPDs intended to be installed without an ex-ternal overcurrent protective device. Type 1 SPDs for use in PV systems can be connected between the PV array and the main service disconnect. Type 2 – Permanently connected SPDs intended for in-stallation on the load side of the service equipment overcurrent device; including SPDs located at the branch panel and Molded Case SPDs. Type 3 – Point of utilization SPDs, installed at a minimum conductor length of 10 meters (30 feet) from the electrical service panel to the point of utilization, for example cord connected, direct plug-in, receptacle type and SPDs installed at the utilization equipment being protected. See marking in 80.3. The distance (10 meters) is exclusive of conductors provided with or used to attach SPDs. Type 4 Component Assem-blies – Component assembly consisting of one or more Type 5 components together with a discon-nect (integral or external) or a means of complying with the limited current tests in 44.4. Type 1, 2, 3 Component Assemblies – Consists of a Type 4 component assembly with internal or external short circuit protection. Type 5 – Discrete component surge suppressors, such as MOVs that may be mounted on a PWB, connected by its leads or pro-vided within an enclosure with mounting means and wiring terminations; - Other (HS 853529)
Guyana GUY/29 10/24/2019 Not given
1.1 The requirements of this standard cover molded-case circuit breakers, circuit breaker and ground-fault circuit-interrupters, fused circuit break-ers, high-fault protectors, and high-fault modules. This standard also covers instantaneous-trip circuit breakers (circuit interrupters) specifically intended for use as part of a combination motor controller 1.2 This standard covers molded-case switches and fused molded-case switches. 1.3 This standard co-vers devices rated at 1000 volts ac and 1500 volts dc or less and 6000 amperes or less. 1.4 The de-vices referenced in 1.1 and 1.2 are intended for in-stallation in an overall enclosure or as parts of other devices such as panelboards. The acceptability of the combination will be determined when the com-plete product is investigated. 1.5 This standard co-vers circuit-breaker enclosures and accessory de-vices intended for use with the devices described in 1.1 and 1.2. 1.7 This standard contains supple-ments covering the requirements for molded-case
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circuit breakers for: a) Marine Use; b) Naval Use; c) Uninterruptible Power Supply Use; d) Classified Cir-cuit Breakers; e) Software in Programmable Com-ponents; f) Additional Tests for Circuit Breakers with Electronic Overcurrent Protection; g) Electromag-netic Compatibility (EMC) ? Requirements and Test Methods for Circuit Breakers; and h) Molded-Case Circuit Breakers with Additional Motor Overload Protection.; -- Other (HS 853529)
Guyana GUY/30 10/25/2019 Not given
These requirements cover molded-case circuit breakers, molded-case switches, and circuit-breaker enclosures rated up to 1500 V dc, intended for use with photo voltaic (PV) systems.; -- Other (HS 853529)
Guyana GUY/31 10/25/2019 Not given
This Standard applies to the following grounding and bonding equipment: a) ground clamps, bonding devices, grounding bushings, water-meter shunts, grounding electrodes, and the like used in a grounding system; b) equipment for making electri-cal connections between i) the grounding conduc-tors used in electrical power systems, non-current-carrying metal parts of electrical equipment, ar-mored grounding wires, metal raceways, and the like; and ii) grounding electrodes; c) equipment for making electrical connections between i) the grounding conductors used in telecommunications systems such as telephone, radio, CATV, network power broadband, and the like; and ii) grounding electrodes; d) hospital grounding jacks and mating grounding cord assemblies e) bonding devices for making electrical connections between i) the hex head of a brass fitting used in a piping system ii) the grounding electrodes; and f) intersystem bonding terminations for connecting intersystem bonding and grounding conductors for other systems; - Other (HS 854690)
Guyana GUY/32 10/25/2019 Not given
HS: 8536.7000 This standard specifies the require-ments for cord sets and power-supply cords em-ploying molded-on or assembled-on fittings, rated 600 V maximum, and intended for use in non-haz-ardous locations. This Standard also specifies the requirements for molded-on general-use attach-ment plugs and cord connectors. This Standard also specifies the requirements for hospital grade attachment plugs and cord connectors. This Stand-ard also specifies the requirements for cord re-straint devices.; Electrical apparatus for switching or protecting electrical circuits, or for making connec-tions to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a volt-age not exceeding 1,000 volts (HS 8536)
Guyana GUY/33 10/25/2019 Not given
HS: 8536.7000 These requirements cover the shielded and non-shielded medium-voltage power cables including single and multiple conductors. Ca-bles have one or more stranded copper or alumi-num conductors that are insulated with a solid, ex-truded dielectric. Cables that have a metal sheath
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or interlocked armor incorporate an effective grounding path. A grounding conductor is optional in other cables. Cables for direct burial are so marked and have an overall covering (see 1.4 for direct-burial cables that are not covered). Cables that are for use in cable trays generally are so marked (see 62.1 and 62.2). Cables that are sun-light-resistant generally are so marked (see 64.1 ? 64.3). Cables that are marked "MV-90" or "MV-90 dry" have a maximum operating temperature of 90°C (194°F). Cables that are marked "MV-105" have a maximum operating temperature of 105°C (221°F) for use where design conditions require a maximum conductor temperature above 90°C (194°F). Cables that are marked "dry" have insula-tion for use only in dry locations. All other cables have insulation that is for use in both wet and dry locations. Multiple-conductor cables that include one or more optical-fiber members are surface marked to so indicate. Cables that are marked "oil resistant II" are for exposure to mineral oil at tem-peratures not in excess of 75°C (167°F). Cables that are marked "oil resistant I" are for exposure to mineral oil at temperatures not in excess of 60°C (140°F). A multiple-conductor Type MV cable that has a smooth (other than lead) or corrugated metal sheath or that has interlocked metal armor may be marked for use also as Type MC cable; Electrical apparatus for switching or protecting electrical cir-cuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
Guyana GUY/34 10/25/2019 Not given
HS: 8536.7000 This Standard specifies the require-ments for single-conductor and multiple-conductor thermoset-insulated wires and cables rated 600 V, 1000 V, 2000 V, and 5000 V. This Standard also specifies the requirements for submersible pump cables, with or without jackets, in Deep Well Sub-mersible Water-Pump Cable; Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppres-sors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
Guyana GUY/35 10/25/2019 Not given
HS: 8536.7000 This Standard specifies the require-ments for 600 V single-conductor, thermoplastic-in-sulated wires and cables. This Standard also speci-fies the requirements for submersible-pump cables, with or without jackets.; Electrical apparatus for switching or protecting electrical circuits, or for mak-ing connections to or in electrical circuits (for exam-ple, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
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Guyana GUY/36 10/25/2019 Not given
These requirements cover attachment plugs, recep-tacles, cord connectors, inlets, current taps pro-vided with wiring terminals for flexible cord, and flat-iron and appliance plugs - all intended for connec-tion to a branch circuit.; - Other switches (HS 853650)
Guyana GUY/37 10/25/2019 Not given
HS: 8536.7000 This standard contains specific de-tails of the conductors, of the insulation, of the jack-ets and other coverings, and of the methods of sample preparation, of specimen selection and con-ditioning, and of measurement and calculation that are required in wire and cable standards.; Electrical apparatus for switching or protecting electrical cir-cuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
Guyana GUY/38 10/25/2019 Not given
These requirements cover products which are molded of insulating material and are intended to cover the outlet slots of receptacles having 1-15R and 5-15R configurations in accordance with Wiring Devices-Dimensional Specifications, ANSI/NEMA WD6.; - Other apparatus (HS 853690)
Guyana GUY/39 10/25/2019 Not given
HS: 8504.23; 8504.31, 8504.32, 8504.33 These re-quirements cover: a) General purpose and power transformers of the air-cooled, dry, ventilated, and non-ventilated types. Constructions include step up, step down, insulating, and autotransformer type transformers as well as air-cooled and dry-type re-actors or b) General purpose and power transform-ers of the exposed core, air-cooled, dry, and com-pound-filled types rated more than 10 kVA. Con-structions include step up, step down, insulating, and autotransformer type transformers as well as air-cooled, dry, and compound-filled type reactors.; Electrical transformers, static converters (for exam-ple, rectifiers) and inductors (HS 8504)
Guyana GUY/40 10/25/2019 Not given
HS: 8536.7000 This standard applies to pin and sleeve type plugs, receptacles, power inlets, and connectors, rated up to 800 amperes and up to 600 volts ac or dc, and which may include up to eight pi-lot contacts. These devices are intended to provide power from branch circuits, or are for direct connec-tion to the branch circuit.; Electrical apparatus for switching or protecting electrical circuits, or for mak-ing connections to or in electrical circuits (for exam-ple, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
Guyana GUY/41 10/25/2019 Not given
HS: 8534.40 These requirements cover low-voltage ac power circuit breakers as follows: a) Stationary-mounted or drawout-mounted types, b) 2-pole, 3-pole, and 4-pole constructions, c) Manually oper-ated or power operated, and d) With or without electromechanical or solid-state type trip device. These requirements apply to drawout-mounted type
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low-voltage ac integrally fused power circuit break-ers, consisting of low-voltage ac power circuit breakers with integral current limiters or fuses. These requirements apply to low-voltage ac fuse draw-outs consisting of current limiters or fuses in a drawout assembly intended to be connected in se-ries with a low-voltage ac power circuit breaker to form a fused circuit breaker. These requirements apply to general purpose type low-voltage dc power circuit breakers.; Printed circuits (HS 8534)
Guyana GUY/42 10/25/2019 Not given
HS: 8534.40 The requirements in this standard ap-ply to a low-voltage landscape lighting system and components that consist of an isolating type power unit, low voltage cable or flexible cord, and lumi-naires. This standard covers power units where each output circuit is rated maximum 25 A and 300 VA. This standard covers landscape lighting system luminaires and other system components that are intended for use on circuits rated maximum 25 A 300 VA. The luminaires and low voltage system components covered by this standard are intended for garden, walkway, patio areas, or similar outdoor locations and for certain indoor locations such as atriums and shopping malls. The power units are to be installed indoors or outdoors in accordance with the marking on the product.; Printed circuits (HS 8534)
Guyana GUY/43 10/25/2019 Not given
HS: 8534.40 These requirements apply to low volt-age lighting systems and components intended for permanent installation. These requirements cover: a) Power units in which output is limited to 25 A and below the risk of electric shock voltage levels as de-fined in 3.19; and b) Class 2, exposed bare conduc-tor, POE, and other low-voltage luminaires and lighting systems.; Printed circuits (HS 8534)
Guyana GUY/44 10/25/2019 Not given
8536.70.90 These requirements cover electrical rigid metal conduit - steel (ERMC-S), elbows, cou-plings, and nipples for use as a metal raceway for installation of wires and cables. ERMC-S is pro-vided with a zinc, zinc-based, nonmetallic, or other alternate corrosion-resistant exterior coating and an organic or zinc interior coating. It is the user's re-sponsibility to determine the appropriate product for their application.; Electrical apparatus for switching or protecting electrical circuits, or for making con-nections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a volt-age not exceeding 1,000 volts (HS 8536)
Guyana GUY/45 10/25/2019 Not given
8536.70.90 These requirements cover electrical rigid metal conduit - steel (ERMC-S), elbows, cou-plings, and nipples for use as a metal raceway for installation of wires and cables. ERMC-S is pro-vided with a zinc, zinc-based, nonmetallic, or other alternate corrosion-resistant exterior coating and an organic or zinc interior coating. It is the user's re-sponsibility to determine the appropriate product for their application.; Electrical apparatus for switching
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or protecting electrical circuits, or for making con-nections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a volt-age not exceeding 1,000 volts (HS 8536)
Guyana GUY/46 10/25/2019 Not given
This standard applies to metallic outlet boxes, flush-device boxes, floor boxes, concrete boxes, exten-sion rings, covers, conduit bodies, bar hangers, bar-hanger assemblies, and all accessories whose prin-cipal function is for support of boxes. The products covered by this standard are intended for installa-tion. This standard also applies to marine applica-tion metallic outlet boxes, flush-device boxes, spe-cial Purpose boxes, extension rings, and covers. This standard also applies to marine products in-tended for installation in accordance with the Manu-facturer's instructions.; - Other apparatus for pro-tecting electric circuits (HS 853630)
Guyana GUY/47 10/25/2019 Not given
HS 8536.30 These requirements cover nonmetallic outlet boxes, conduit bodies, flush-device boxes, extension rings, covers, floor boxes, floor nozzles, and concrete boxes.; - Other apparatus for protect-ing electric circuits (HS 853630)
Guyana GUY/49 10/25/2019 Not given
HS 8536.29 This standard covers portable flexible lighting products with a maximum input voltage rat-ing of 120 volts. These products are provided with a power supply cord and are intended for outline and decorative lighting use. These requirements cover lighting products incorporating non-replaceable se-ries and series/parallel connected lamps enclosed within a flexible polymeric tube or extrusion. These requirements also cover flexible lighting products used in light sculptures.; Electrical apparatus for switching or protecting electrical circuits, or for mak-ing connections to or in electrical circuits (for exam-ple, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts (HS 8536)
Guyana GUY/50 10/25/2019 Not given
HS 8536.22 These requirements cover LED equip-ment that is an integral part of a luminaire or other lighting equipment and which operates in the visible light spectrum between 400 - 700 nm. These re-quirements also cover the component parts of light emitting diode (LED) equipment, including LED driv-ers, controllers, arrays, modules, and packages as defined within this standard. LED controllers cov-ered in this standard are intended to be: a) Integral to the luminaire, or b) Located remotely from the lu-minaire when These lighting products are intended for installation on branch circuits of 600 V nominal or less; Electrical apparatus for switching or protect-ing electrical circuits, or for making connections to or in electrical circuits (for example, switches, re-lays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not ex-ceeding 1,000 volts (HS 8536)
Guyana GUY/51 10/25/2019 Not given Requirements contained in this Standard cover con-trols of the light-sensitive or presence-sensitive
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types, or both; for indoor or outdoor service; in-tended for the control of indoor or outdoor loads up to a maximum of 20 A and maximum 347 V; in-tended for installations on 50 Hz or 60 HZ systems or DC up to 60 V and intended to be installed.; - Other switches (HS 853650)
Guyana GUY/52 10/25/2019 Not given
HS 3926.9040 These requirements cover power outlets, with or without integral mounting posts or pedestals, and power outlet fittings. power outlet covered by these requirements, although not re-stricted to such use, is intended for use: a) At out-door locations such as on farms, at building sites, and the like, where power is required to operate portable, mobile, or temporarily installed equipment, b) To supply power to a mobile home or a recrea-tional vehicle, and c) To supply shore power to boats. A power outlet may contain: a) Attachment plug receptacles, b) Circuit breakers, c) Fusehold-ers, d) Fused switches and facilities for watt-hour meters, and e) Provisions for field installed circuit breakers or switches and fuses.; - Other (HS 392690)
India IND/108 10/08/2019 12/07/2019 Steel and steel products
India IND/109 10/10/2019 12/09/2019 Gold jewellery and gold artefacts.
India IND/110 10/28/2019 11/27/2019 Air Conditioner and its related Parts, Hermetic Compressor and Temperature Sensing Control
India IND/111 10/30/2019 12/19/2019 Transparent Float Glass
Indonesia IDN/123 10/14/2019 12/13/2019
Food and beverages; traditional medicines and health supplements; medicinal products; cosmetics; chemical products; genetically engineered products; clothing, headgear and accessories; household ap-pliances; Muslims worship equipment; stationery and office equipment; goods for medical devices risk class A, B, and C.
Indonesia IDN/113/Add.1 10/17/2019 Not given Fishery Products: Tuna, Sardines and Mackerel HS 1604.14.10.00, HS. 1604.12.10.00, 1604.13.10.00, 1604.1
Israel ISR/1073/Add.1 10/07/2019 Not given Sweet fat-based spreads
Jamaica JAM/81 10/14/2019 12/10/2019 Labelling of Pre-Packaged Goods; Packaging and distribution of goods in general
Jamaica JAM/82 10/14/2019 12/13/2019 Labelling of Pre-Packaged Goods; Packaging and distribution of goods in general
Japan JPN/628/Add.1 10/03/2019 Not given
Rigid polyurethane foam stock solution (except for those used for molding and manufacturing the fol-lowing products) and the following products using rigid polyurethane foam; Heat insulating materials - Refrigerating machines and cold storage machines
Japan JPN/633 10/03/2019 12/02/2019 Milliwave radar/sensor system
Japan JPN/634 10/10/2019 12/09/2019 Utensils, containers and packaging for food and food additives
Japan JPN/635 10/10/2019 12/09/2019 Utensils, containers and packaging for food and food additives
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Japan JPN/618/Add.1 10/17/2019 Not given Veterinary biologics except in vitro diagnostics
Japan JPN/636 10/17/2019 12/16/2019
Passenger vehicles (in addition to vehicles already subject to the current standards, electric vehicles and plug-in hybrid vehicles, which are expected to become widespread to a considerable extent in years to come, are also made subject to the new standards. More specifically, this revision includes passenger vehicles fueled by gasoline, diesel, or LPG and passenger vehicles with engines powered by externally charged electricity that have a carrying capacity of up to 9 passengers or that have a carry-ing capacity of 10 or more passengers and a gross vehicle weight up to 3.5t, limiting to type approved vehicles.)
Japan JPN/637 10/21/2019 12/20/2019 Rigid polyurethane foam heat insulation material; (HS: 392113)
Kenya KEN/901 10/02/2019 11/26/2019 Paper and board (paper in direct contact with food containing grease and oil)
Kenya KEN/902 10/02/2019 11/26/2019 Paper and board (Machine finished Kraft Paper for dry foods)
Kenya KEN/903 10/02/2019 11/26/2019 Paper and board (Machine glazed Kraft Paper for food packaging)
Kenya KEN/904 10/04/2019 11/26/2019 Paper and board (Machine Glazed Kraft Paper used for packaging of dry food)
Kenya KEN/905 10/30/2019 12/24/2019 Propolis
Kenya KEN/906 10/30/2019 12/24/2019 Sugar and sugar products (Pollen)
Kenya KEN/907 10/30/2019 12/24/2019 HS: 210230; Food additives (Baking Powder)
Kenya KEN/908 10/30/2019 12/24/2019 Food additives (Food grade sucralose)
Korea, Republic of KOR/860/Add.1 10/08/2019 Not given Cosmetics
Mexico MEX/373/Add.1 10/10/2019 Not given Remotely piloted aircraft system (RPAS)
Mexico MEX/178/Add.9 10/14/2019 Not given Labelling of pre-packaged food and non-alcoholic beverages
Mexico MEX/430/Add.1 10/21/2019 Not given Demountable liquefied petroleum gas (LPG) con-tainers (HS 731100)
Mexico MEX/438/Add.1 10/21/2019 Not given Radioactive materials and packages containing them
Mexico MEX/437/Add.1 10/21/2019 Not given Ionizing radiation sources
Mexico MEX/459 10/21/2019 12/03/2019
Products related to fissile material, other radioactive material transported, transport units, packages, packagings and packs used during transport by land or by water.
New Zealand NZL/89 10/02/2019 12/01/2019
Wheat or meslin flour (HS 1101); Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products (HS 1905)
New Zealand NZL/90 10/04/2019 11/24/2019 Imported and domestically produced packaged al-coholic beverages required to bear a label for sale in Australia and New Zealand.
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New Zealand NZL/91 10/21/2019 12/20/2019
Only sub-sets of these categories (refer to 6): Mili-tary weapons, other than revolvers, pistols and the arms of heading 93.07 (HS 93.01); Revolvers and pistols, other than those of heading 93.03 or 93.04 (HS 93.02); Other firearms and similar devices which operate by firing of an explosive charge (for example, sporting shotguns and rifles, muzzle-load-ing firearms, Very pistols and other devices de-signed to project only signal flares, pistols and re-volvers for firing blank ammunition, captive-bold hu-mane killers, line-throwing guns) (HS 93.03); Other arms (for example, spring, air or gas guns and pis-tols, truncheons), excluding those of heading 93.07 (HS 93.04); Parts and accessories of articles of headings 93.01 to 93.04 (HS 93.05); antiques of an age exceeding one hundred years (HS 97.06).
New Zealand NZL/89/Corr.1 10/22/2019 Not given
Wheat or meslin flour (HS 1101); Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products (HS 1905)
Peru PER/116 09/24/2019 11/16/2019
3303.00.00 Perfumes and toilet waters; 33.04 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; mani-cure or pedicure preparations; 3304.10.00 Lip make-up preparations; 3304.20.00 Eye make-up preparations; 3304.30 Manicure or pedicure prepa-rations - Other; 3304.91.00 Powders, whether or not compressed; 3304.99.00 Other; 33.05 Prepara-tions for use on the hair; 330
Peru PER/117 10/21/2019 11/22/2019 Labelling of prepackages
Philippines PHL/224 10/07/2019 12/06/2019 Glass and glassware (HS 70)
Philippines PHL/197/Add.3 10/30/2019 Not given Cement
Qatar QAT/562 10/17/2019 12/16/2019 Energy labeling and minimum energy performance for Air-conditioners.
Saudi Arabia SAU/1114 10/03/2019 12/02/2019 Fruits. Vegetables (fruit juices/nectar/drink)
Saudi Arabia SAU/1115 10/11/2019 12/10/2019 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711)
South Africa ZAF/240 10/08/2019 120/7/2019 Food Technology (Raw Processed Meat Products)
Sweden SWE/134 10/23/2019 1/21/2019
Special equipment for taxi vehicles that have spe-cial equipment instead of fare meters. These vehi-cles must be affiliated with one or more booking centres. The special equipment in the vehicle must gather information on the odometer value or cumu-lative distance driven, timestamp information, gather/provide information on the vehicle identifica-tion number, provide information on the equipment serial number and, in a secure manner, communi-cate with and transfer information to the technical equipment of the booking centre. The information must be capable of being stored until it has been
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transferred to the booking centre. The required de-mands concerns the authorities that will execute controls and certifications of equipment used.
Sweden SWE/135 10/23/2019 1/21/2020
The technical equipment at booking centres for taxi traffic. Taxis that are fitted with special equipment instead of fare meters must be affiliated with one or more booking centres. The technical equipment of the booking centre must collect, store and transfer information on bookings, driving assignments and payments. The technical equipment must communi-cate with the special equipment of the taxi vehicle and, finally, transfer information for tax control to the Swedish Tax Agency.
Taiwan Economy TPKM/381/Add.1
10/02/2019 Not given Folding tables; Other furniture and parts thereof (HS 9403)
Taiwan Economy TPKM/390 10/07/2019 12/06/2019
Protective helmets for drivers and passengers of motorcycle and mopeds; Protective helmets for pe-dal cyclists; and Protective helmets for users of skates, skateboards and roller skates; Safety head-gear (HS 650610)
Taiwan Economy TPKM/382/Add.1
10/28/2019 Not given Pressure regulators for liquefied petroleum gas; - Pressure-reducing valves (HS 848110)
Tanzania TZA/312 10/07/2019 12/06/2019 Sacks. Bags (Textiles - Non-woven bags)
Tanzania TZA/313 10/16/2019 12/15/2019 Other products of the chemical industry
Tanzania TZA/314 10/16/2019 12/15/2019 Surface active agents
Tanzania TZA/315 10/21/2019 12/20/2019 Paper products
Tanzania TZA/316 10/21/2019 12/20/2019 Paper products
Tanzania TZA/317 10/21/2019 12/20/2019 Photographic paper, films and plates. Cartridges
Tanzania TZA/318 10/23/2019 12/22/2019 Starch and derived products (Honey)
Tanzania TZA/319 10/23/2019 12/22/2019 Starch and derived products (Bee pollen)
Tanzania TZA/320 10/23/2019 12/22/2019 Starch and derived products (Bee propolis)
Tanzania TZA/321 10/23/2019 12/22/2019 Starch and derived products (Stingless bee honey)
Tanzania TZA/322 10/23/2019 12/22/2019 Starch and derived products (Beeswax)
Thailand THA/558 10/30/2019 12/29/2019 Pre-packaged foods
Uganda UGA/1115 10/04/2019 12/03/2019
Other (HS 271019); Lubricating preparations (in-cluding cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion prepara-tions and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding prepara-tions containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403); Wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freeze fluids (HS 382550)
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Uganda UGA/1116 10/04/2019 12/03/2019
Other (HS 271019); Lubricating preparations (in-cluding cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion prepara-tions and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding prepara-tions containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403); - Wastes of metal pickling liquors, hydraulic fluids, brake fluids and anti-freeze fluids (HS 382550)
Uganda UGA/1117 10/17/2019 12/16/2019 Roofing tiles, chimney-pots, cowls, chimney liners, architectural ornaments and other ceramic con-structional goods (HS 6905); Construction materials
Uganda UGA/1118 10/21/2019 12/20/2019
Wood preservatives; Other colouring matter; prepa-rations as specified in Note 3 to this Chapter, other than those of heading 32.03, 32.04 or 32.05; inor-ganic products of a kind used as luminophores, whether or not chemically defined (HS 3206); - Other (HS 380890); Wood-protecting chemicals
Uganda UGA/1119 10/21/2019 12/20/2019
Timber preservatives; Other colouring matter; prep-arations as specified in Note 3 to this Chapter, other than those of heading 32.03, 32.04 or 32.05; inor-ganic products of a kind used as luminophores, whether or not chemically defined (HS 3206); Wood-protecting chemicals
Uganda UGA/1120 10/21/2019 12/20/2019
Preservative-Treated timber; Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared (HS 4403); Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm (HS 4407); Wood, sawlogs and sawn timber
Uganda UGA/1121 10/21/2019 12/20/2019
Wood preservatives; Other colouring matter; prepa-rations as specified in Note 3 to this Chapter, other than those of heading 32.03, 32.04 or 32.05; inor-ganic products of a kind used as luminophores, whether or not chemically defined (HS 3206); Wood-protecting chemicals
Uganda UGA/1122 10/21/2019 12/20/2019
Acid-Copper-Chrome (ACC); Other colouring mat-ter; preparations as specified in Note 3 to this Chapter, other than those of heading 32.03, 32.04 or 32.05; inorganic products of a kind used as lumi-nophores, whether or not chemically defined (HS 3206); - Other (HS 380890); - Treated with paint, stains, creosote or other preservatives (HS 440310); Wood-protecting chemicals
Uganda UGA/1123 10/21/2019 12/20/2019
Copper-Chrome-Boron (CCB) Wood Preservative; Other colouring matter; preparations as specified in Note 3 to this Chapter, other than those of heading 32.03, 32.04 or 32.05; inorganic products of a kind used as luminophores, whether or not chemically defined (HS 3206); - Other (HS 380890); - Treated with paint, stains, creosote or other preservatives (HS 440310); Wood-protecting chemicals
Uganda UGA/540/Add.2 10/24/2019 Not given Bathing bars (HS 34011)
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Uganda UGA/541/Add.2 10/24/2019 Not given Antibacterial bathing bars (HS 34011)
Uganda UGA/567/Add.2 10/24/2019 Not given Cotton khanga, Containing 85% or more by weight of cotton (HS 520710)
Uganda UGA/568/Add.2 10/24/2019 Not given Knitted polyester/cellulosic, Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710)
Uganda UGA/569/Add.2 10/24/2019 Not given Sanitary towels, Disposable Sanitary towels
Uganda UGA/711/Add.2 10/24/2019 Not given School Clothing. Other articles of plastics and arti-cles of other materials of headings 39.01 to 39.14 (HS 3926, 6309, 420310, 681250)
Uganda UGA/712/Add.2 10/24/2019 Not given
School Clothing, blazers. Other articles of plastics and articles of other materials of headings 39.01 to 39.14 (HS 3926, 6103, 6204, 6309, 420310, 681250)
Uganda UGA/713/Add.2 10/24/2019 Not given School clothing, trousers and shorts (HS 6103, 6203, 6309, 392610, 420310, 681250)
Uganda UGA/714/Add.2 10/24/2019 Not given School clothing, girls' shirts, boys' shirts (HS 6106, 6205, 6206, 6309, 392610, 420310, 681250)
Uganda UGA/715/Add.2 10/24/2019 Not given School clothing, girls' dresses, girls' tunics, girls' gyms (HS 6104, 6309, 392610, 420310, 681250)
Uganda UGA/716/Add.2 10/24/2019 Not given School clothing, girls' slacks, girls' skirts (HS 6104, 6204, 6309, 392610, 420310, 681250)
Uganda UGA/717/Add.2 10/24/2019 Not given School clothing, knee-high stockings, ankle socks (HS 6115, 6309, 392610, 420310)
Uganda UGA/718/Add.2 10/24/2019 Not given School clothing, jerseys, cardigans (HS 6110, 6309, 392610, 420310, 681250)
Uganda UGA/719/Add.2 10/24/2019 Not given School clothing, girls' briefs (HS 6108, 6208, 6309, 392610, 420310, 681250)
Uganda UGA/720/Add.2 10/24/2019 Not given School clothing, tracksuits (HS 6112, 6211, 6309, 392610, 420310, 681250)
Uganda UGA/721/Add.2 10/24/2019 Not given School clothing, athletic wear (HS 6309, 9506, 61123, 61124, 392610, 420310, 681250)
Uganda UGA/746/Add.2 10/24/2019 Not given Fabrics, school wear fabrics
Uganda UGA/747/Add.2 10/24/2019 Not given
Fabrics, blazer fabrics, school wear blazers. Jack-ets and blazers: (HS 61033), Jackets and blazers: (HS 61043), Jackets and blazers: (HS 62033), Jackets and blazers: (HS 62043).
Uganda UGA/748/Add.2 10/24/2019 Not given
Polyester fabrics, wool fabrics, school wear fabrics. Woven fabrics of carded wool or of carded fine ani-mal hair. (HS 5111), Woven fabrics of combed wool or of combed fine animal hair. (HS 5112), Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710), Clothing, clothing accessories, footwear and head-gear (HS 681250)
Uganda UGA/749/Add.2 10/24/2019 Not given
Polyester fabrics, viscose fabrics. Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710), Woven fabrics obtained from high tenacity yarn of viscose
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rayon (HS 540810), Clothing, clothing accessories, footwear and headgear (HS 681250)
Uganda UGA/750/Add.2 10/24/2019 Not given
School wear fabrics, polyester fabrics, cotton fab-rics. Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200 g/m². (HS 5209), Woven fabrics of cotton, contain-ing less than 85% by weight of cotton, mixed mainly or solely with man-made fibres, weighing not more than 200 g/m². (HS 5210), Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710)
Uganda UGA/751/Add.2 10/24/2019 Not given Shirting fabrics, blouse fabrics, school wear fabrics. Men's or boys' shirts. (HS 6205), Women's or girls' blouses, shirts and shirt- Blouses. (HS 6206)
Uganda UGA/752/Add.2 10/24/2019 Not given
School wear fabrics, textured yarns. Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710), Tufted textile fabrics (HS 580230)
Uganda UGA/753/Add.2 10/24/2019 Not given
School wear fabrics, warp knitted fabrics. Warp knit fabrics (including those made on galloon knitting machines), other than those of headings 60.01 to 60.04. (HS 6005)
Uganda UGA/754/Add.2 10/24/2019 Not given Glycerol (HS 290545)
Uganda UGA/755/Add.2 10/24/2019 Not given Baby oils, Essential oils and resinoids; perfumery, cosmetic or toilet preparations (HS 33)
Uganda UGA/775/Add.2 10/24/2019 Not given Industrial methylated spirit. Ethyl alcohol and other spirits, denatured, of any strength (HS 220720)
Uganda UGA/776/Add.2 10/24/2019 Not given Methylated spirit. Ethyl alcohol and other spirits, de-natured, of any strength (HS 220720)
Uganda UGA/779/Add.2 10/24/2019 Not given
Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilato-ries and other perfumery, cosmetic or toilet prepara-tions, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or hav-ing disinfectant properties (HS 3307)
Uganda UGA/780/Add.2 10/24/2019 Not given Body oils, Essential oils and resinoids; perfumery, cosmetic or toilet preparations (HS 33)
Uganda UGA/800/Add.2 10/24/2019 Not given Lip balm, Lip salve (HS 33)
Uganda UGA/801/Add.2 10/24/2019 Not given Lip shine, Lip gloss (HS 33)
Uganda UGA/802/Add.2 10/24/2019 Not given Aftershave (HS 33)
Uganda UGA/804/Add.2 10/24/2019 Not given Fishing gill nets (HS 560811)
Uganda UGA/815/Add.2 10/24/2019 Not given Lipstick
Uganda UGA/840/Add.2 10/24/2019 Not given Cotton T-Shirts (HS 6109)
Uganda UGA/892/Add.2 10/24/2019 Not given
Hospital cotton bed sheets Toilet paper and similar paper, cellulose wadding or webs of cellulose fi-bres, of a kind used for household or sanitary pur-poses, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tis-
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
sues, towels, tablecloths, serviettes, napkins for ba-bies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (HS 4818)
Uganda UGA/907/Add.3 10/24/2019 Not given Caustic Soda (Sodium hydroxide); Sodium hydrox-ide (caustic soda) (HS 28151)
Uganda UGA/919/Add.2 10/24/2019 Not given Baby diapers (HS 481840, 560110)
Uganda UGA/799/Add.2 10/24/2019 Not given Shea butter (HS 33)
Uganda UGA/372/Add.1 10/29/2019 Not given Lubricants, industrial oils and related products
Uganda UGA/373/Add.1 10/29/2019 Not given Lubricants, industrial oils and related products
Uganda UGA/374/Rev.1/Add.2
10/29/2019 Not given Lubricants, industrial oils and related products
Uganda UGA/375/Rev.1/Add.2
10/29/2019 Not given Lubricants, industrial oils and related products
Uganda UGA/504/Add.2 10/29/2019 Not given Paper and paperboard; articles of paper pulp, of pa-per or of paperboard (HS 48)
Uganda UGA/505/Add.2 10/29/2019 Not given Paper and paperboard; articles of paper pulp, of pa-per or of paperboard (HS 48)
Uganda UGA/506/Add.2 10/29/2019 Not given Base paper for waxed bread wrap (HS 48)
Uganda UGA/507/Add.2 10/29/2019 Not given Facial tissue paper (HS 4803)
Uganda UGA/508/Add.2 10/29/2019 Not given General-purpose paper (HS 4803)
Uganda UGA/509/Add.2 10/29/2019 Not given Paper serviettes/napkins (HS 4803)
Uganda UGA/510/Add.2 10/29/2019 Not given Photocopy paper
Uganda UGA/511/Add.2 10/29/2019 Not given Corrugated fibre board boxes for general packaging
Uganda UGA/512/Add.2 10/29/2019 Not given Multi-wall paper sacks for packaging of cement
Uganda UGA/513/Add.2 10/29/2019 Not given Waxed paper for bread wrap
Uganda UGA/514/Add.2 10/29/2019 Not given Natural and extensible kraft paper (HS 48042)
Uganda UGA/515/Add.2 10/29/2019 Not given Wrapping paper
Uganda UGA/788/Add.2 10/29/2019 Not given Wheelbarrows
Uganda UGA/789/Add.2 10/29/2019 Not given Machetes (HS 8201)
Uganda UGA/790/Add.2 10/29/2019 Not given Spades and shovels (HS 820110)
Uganda UGA/791/Add.2 10/29/2019 Not given
Hand tools, the following: spades, shovels, mat-tocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry. (HS 8201), - Harrows, scarifiers, cultivators, weeders and hoes: (HS 84322).
Uganda UGA/805/Add.2 10/29/2019 Not given Milk albumin, including concentrates of two or more whey proteins (HS 350220), Milk and cream, not
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
concentrated nor containing added sugar or other sweetening matter (HS 0401), Milk and cream, con-centrated or containing added sugar or other sweet-ening matter (HS 0402), Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concen-trated or containing added sugar or other sweeten-ing matter or flavoured or containing added fruit, nuts or cocoa (HS 0403), Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included (HS 0404), Butter and other fats and oils derived from milk; dairy spreads (HS 0405)
Uganda UGA/807/Add.2 10/29/2019 Not given Motorcycle rubber wheel inner tubes; Inner tubes, of rubber (HS 4013)
Uganda UGA/813/Add.2 10/29/2019 Not given Surgical instruments and materials
Uganda UGA/814/Add.2 10/29/2019 Not given Surgical instruments and materials
Uganda UGA/816/Add.2 10/29/2019 Not given Buses
Uganda UGA/833/Add.2 10/29/2019 Not given Surgical instruments and materials
Uganda UGA/909/Add.1 10/29/2019 Not given Unsweetened condensed milk (HS 0401)
Uganda UGA/911/Add.2 10/29/2019 Not given Milk and processed milk products
Uganda UGA/912/Add.2 10/29/2019 Not given
Whipping cream; Milk and cream, not concentrated nor containing added sugar or other sweetening matter. (HS 0401), Milk and cream, concentrated or containing added sugar or other sweetening matter. (HS 0402)
Uganda UGA/920/Add.2 10/29/2019 Not given
Engine oil; Lubricating preparations (including cut-ting-oil preparations, bolt or nut release prepara-tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations contain-ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403)
Uganda UGA/597/Add.2 10/30/2019 Not given
Dry beans (- Beans (Vigna spp., Phaseolus spp.) (HS 070820), -- Beans (Vigna spp., Phaseolus spp.) (HS 071022), - Beans (Vigna spp., Phaseolus spp.): (HS 07133), - Beans (Vigna spp., Phaseolus spp.): (HS 20055), -- Beans, shelled (HS 200551)
Uganda UGA/674/Add.2 10/30/2019 Not given Potable spirit (HS 220720)
Uganda UGA/676/Add.2 10/30/2019 Not given Fortified wine (HS 2204)
Uganda UGA/677/Add.2 10/30/2019 Not given Sparkling wine (HS 2204)
Uganda UGA/678/Add.2 10/30/2019 Not given Whisky (HS 220830)
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
Uganda UGA/679/Add.2 10/30/2019 Not given Vodka (HS 220860)
Uganda UGA/689/Add.1 10/30/2019 Not given Mineral water (HS 220110)
Uganda UGA/803/Add.2 10/30/2019 Not given Pesticides and other agrochemicals in general
Uganda UGA/810/Add.2 10/30/2019 Not given Aspartame
Uganda UGA/812/Add.2 10/30/2019 Not given Coffee, not roasted (HS 09011)
Uganda UGA/827/Add.2 10/30/2019 Not given Rice flour
Uganda UGA/828/Add.2 10/30/2019 Not given Instant cereal and cereal based flour
Uganda UGA/829/Add.2 10/30/2019 Not given Pre-cooked dehydrated pulse products
Uganda UGA/850/Add.2 10/30/2019 Not given
Nectars Fruit juices (including grape must) and veg-etable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (HS 2009)
Uganda UGA/851/Add.2 10/30/2019 Not given Sesame paste
Uganda UGA/858/Add.2 10/30/2019 Not given
Vegetable and nut spread; Jams, fruit jellies, mar-malades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter (HS 2007)
Uganda UGA/930/Add.2 10/30/2019 Not given Kombucha (HS: 2206). (ICS: 67.160.20).
Uganda UGA/680/Add.2 10/31/2019 Not given Brandy
Uganda UGA/681/Add.2 10/31/2019 Not given Neutral spirit (HS 22)
Uganda UGA/682/Add.2 10/31/2018 Not given Gin
Uganda UGA/683/Add.2 10/31/2019 Not given Rum - Rum and tafia (HS 220840)
United Arab Emirates ARE/464 10/29/2019 12/28/2019 School buses
United States USA/1394/Add.3 10/03/2019 Not given Motor vehicles
United States USA/1533 10/03/2019 11/26/2019
Motor vehicles; crash protection; Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), including station wagons and racing cars (HS 8703)
United States USA/931/Rev.1 10/07/2019 Not given Ceiling fans
United States USA/990/Add.1 10/07/2019 Not given Livestock
United States USA/1040/Add.1 10/07/2019 Not given Hazardous liquid pipelines: Pipeline components and pipelines
United States USA/1117/Add.2 10/07/2019 Not given Pipeline safety
United States USA/1465/Add.1 10/07/2019 Not given Softwood lumber; Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared (HS 4403); Other articles of wood (HS 4421)
United States USA/1482/Add.1 10/07/2019 Not given Apples (HS 0808)
United States USA/1503/Add.1 10/07/2019 Not given Interior compartments, transport category airplanes; - Other parts of airplanes or helicopters (HS 880330)
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
United States USA/1508/Add.3 10/7/2019 Not given Clothes dryers
United States USA/951/Add.2 10/11/2019 Not given Chemical substances
United States USA/1386/Add.4/Corr.1
10/11/2019 Not given Chemical substances
United States USA/1534 10/11/2019 Not given Organic regulations; Farming and forestry, Pro-cesses in the food industry, food products in gen-eral
United States USA/1535 10/11/2019 11/07/2019
Chemical substances; Environmental protection, Production in the chemical industry, Inorganic chemicals, Organic chemicals, Products of the chemical industry.
United States USA/1536 10/11/2019 Not given
Earth stations in motion; Other aircraft (for example, helicopters, airplanes); spacecraft (including satel-lites) and suborbital and spacecraft launch vehicles (HS 8802); Telecommunication services. Applica-tions, Telecommunication systems, Mobile services
United States USA/1395/Add.4 10/22/2019 Not given Chemical substances
United States USA/1511/Add.1 10/22/2019 Not given Fatty acid amide
United States USA/1537 10/22/2019 12/23/2019
Toys and child care articles; Toys, games and sports requisites; parts and accessories thereof (HS 95); Quality, Domestic safety , Other treatments and coatings
United States USA/1538 10/22/2019 12/09/2019 Motor vehicles; Road vehicles in general, Road ve-hicle systems
United States USA/1539 10/22/2019 11/12/2019 Chemical substances; Environmental protection, Production in the chemical industry , Inorganic chemicals , Products of the chemical industry
United States USA/1540 10/22/2019 Not given Electronic liquids; Tobacco, tobacco products and related equipment
United States USA/1541 10/22/2019 Not given Electronic nicotine; Tobacco, tobacco products and related equipment
United States USA/624/Add.3 10/25/2019 Not given Fluorescent lamp ballasts (HS 8539.31)
United States USA/1088/Rev.1 10/25/2019 Not given Electronic cigarette substance
United States USA/1403/Add.1 10/25/2019 Not given On-Board Diagnostic System
United States USA/1445/Add.1 10/25/2019 Not given Organics
United States USA/1489/Add.1 10/25/2019 Not given Spray sprinkler bodies
United States USA/1542 10/25/2019 Not given Flavored vaping products
United States USA/1543 10/28/2019 12/17/2019 Organics
United States USA/564/Add.6 10/29/2019 Not given Baby cribs
United States USA/650/Add.4 10/29/2019 Not given Play yards (HS 9403)
United States USA/1296/Add.1 10/29/2019 Not given Grapes (HS 0806)
United States USA/1544 10/29/2019 12/23/2019 Liquefied natural gas, transport
Uruguay URY/36 10/21/2019 12/20/2019 Metallic packaging, linings, utensils, lids and equip-ment that are in contact with foodstuffs
Uruguay URY/33 10/21/2019 12/20/2019 Measuring instruments
Uruguay URY/34 10/21/2019 12/20/2019 Metrological control activities
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Country Notification Date Issued Final Date
for Com-ments
Merchandise Covered
Uruguay URY/35 10/21/2019 12/20/2019 Pre-measured or Pre-packaged Products
Yemen YEM/165 10/17/2019 12/16/2019 Cosmetics. Toiletries
CBSA Advance Rulings
The following table lists advance rulings posted by the Canada Border Services
Agency (CBSA). In September of 2014, the CBSA enhanced the Advance Rul-
ing (Tariff Classification and Origin) and National Customs Ruling programs by
publishing ruling letters in their entirety, with the applicant's consent, on the
CBSA Web site.
It is important to note that rulings are binding only between the CBSA and the ap-
plicant. While posted rulings are for reference purposes only, they provide mean-
ingful guidance and help other importers in complying with Canada's trade legis-
lation. Click on the “Merchandise” listing to see full text of the posted ruling.
Date TRS
Number Merchandise Tariff Classification and Basis
04-03-18 280151 Agrifac Condor 8424.49.00.00 [GIR 1, 6; EN 87.05]
03-22-18 280091 Brinks Home Security Bar, model # 675-83001 8302.41.90.90 [GIR 1, 3(b), 6; EN
83.02] .
02-07-18 279887 Drink E-Z battery-powered, portable drinking cup 8509.80.90.90 [GIR 1,6; Chap 84 N 1(f). Chap 85 N 4(b)]
04-16-18 280181 Equine 74 Gastric 2309.90.39.59 [GIR 1, 6; EN 23.09]
02-07-19
279626 w/ sugar 279627
w/o sugar
SkinnyPop Popcorn Cakes
1904.10.90.10 [GIR 1, 6] 1904.10.90.90 [GIR 1, 6]
02-07-19 279618 SkinnyPop Ready-to-Eat Popcorn 1904.10.90.90 [GIR 1, 6]
02-23-18 279971 So Delicious Soy Non-dairy Frozen Dessert Vanilla Sandwich 2105.00.10.00 [GIR 1, 6; D-10-18-4 (20-24]
02-23-18 279972 Various flavours of “So Delicious Non-dairy Frozen Dessert” 2105.00.10.00 [GIR 1, 6; D-10-18-4 (20-24]
02-15-18 279880 Wireless Bluetooth Speaker Bottle WM1478 8518.21.00.00 [GIR 1, 3(c), 6]
04-24-18 280358 Wooden Mats 4421.99.90.90 [GIR 1, 6; EN 44.21]
CBP Rulings: Downloads and Searches
As US Customs and Border Protection (CBP) issues several thousand rulings a
year, it is not practical to list each ruling. However, almost all rulings issued by
US Customs or CBP from 1993 to the present and many issued before 1993 are
available for search and downloading using the CROSS search engine. Over
204,000 such rulings are in the database.
CBP Rulings: Revocations or Modifications
The following table summarizes proposals made or actions taken that were pub-
lished in the weekly Customs Bulletin and Decisions during the past month by US
Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or
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modify binding rulings or treatment previously accorded to substantially identical
merchandise.
Published in CBP Bulletin (P) Proposed
(A) Action
Product(s) or Issue(s) Ruling(s) to be Modified (M) or
Revoked (R)
Old Classifi-cation or Po-
sition New Ruling
New Classification or Position
Comments Due (C) or Effective
Date (E)
Proposed Revocations/modifications
(P) 10-02-19
Tariff classification of thick-ened beverages.
NY N301921
M
2106.90.9897
HQ H303137
2202.99.24, 2202.99.90 [GRI 1, 6; Chap. 4 AUSN 10; Chap. 22 AUSN 2; EN to 22.02] (C) 11-01-19
NY N301923 2106.90.9897 2106.90.9898
Country of origin of certain laminated fabrics
HQ H192977 R Origin: China, India
HQ H267054 Origin: England [19 U.S.C. 3592(b)(1)(D); 19 CFR 102.21(c)(3)(ii)]
(P) 10-17-19 Tariff Classification of cer-tain footwear
NY N285583 NY N299433
R 6404.19.9090 6404.19.9060
HQ H302976 6404.11.90 [GRI 1, 6;TD 93-88]
(C) 11-15-19
(P) 10-23-19
CBP’s application of the coastwise laws to certain merchandise and vessel equipment that are trans-ported between coastwise points [Including what is equipment]
HQ 101925 HQ 108442 HQ 113841 HQ 114435 HQ 115185 HQ 115487 HQ 115771 HQ 116078
M
Certain ob-jects are nec-essary or es-sential for the completion of the vessel mission; work performed on or from a ves-sel; conjoined coastwise and non-coast-wise
Proposed New
Guidance
Modify to make con-sistent with post publica-tion statutory amend-ments; remove de mini-mus allowance and clar-ify reasoning [46 U.S.C. § 55102 (for-merly 46 U.S.C. App. 883), 43 U.S.C. § 1333, 19 CFR § 4.80b(a)]
(C) 11/22/19 HQ 115218 HQ 115311 HQ 115522 HQ 115938 HQ H004242
R
Certain arti-cles are ves-sel equipment T.D 49815(4)
Contrary to new guidance
HQ H225102 HQ H235242 HQ H242466
R
Certain inci-dental move-ments with re-spect to off-shore lifting operations constitute transportation and violate 46 U.S.C.§55102
Adopts a revised inter-pretation for offshore “lift-ing operations” so some operations are not con-sidered transportation
(P) 10-30-19
Country of origin of stuffed mattress covers.
NY N303580 M El Salvador HQ H304571
United States, China, or El Salvador, depending on the style of mattress cover and respective fabric origin
(C) 11-29-19 Tariff classification of tur-key shomai, chicken wontons, shrimp har gow, shrimp pot stickers, shrimp shumai, hau kau and “party pack” dumplings
HQ 086283
M
1602.31.00 1605.20.05
HQ H199095 1902.20.00 [GRI 1; Chap 16 note 2, Chap.19 note 1(a); EN 19.02]
NY M86459 1605.20.05
NY N100268
NY N303010 R
1605.21.10
NY 810007 1605.20.05
Tariff classification of plas-tic stethoscope covers
HQ 967233 M 9018.90.80 HQ H304940 3926.90.99 [GRI 1, 6;EN 90.18; Chap. notes]
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Published in CBP Bulletin (P) Proposed
(A) Action
Product(s) or Issue(s) Ruling(s) to be Modified (M) or
Revoked (R)
Old Classifi-cation or Po-
sition New Ruling
New Classification or Position
Comments Due (C) or Effective
Date (E)
Tariff classification of “Per-nod Absinthe Superieure” and “Ricard Pastis de Mar-seille.”
NY N304274 NY N304276
R 2208.70.0030 HQ H305105 2208.90.7500 [GRI 1; EN 22.08; 27 CFR 5.22(h)]
Revocations/Modifications
(A) 10-02-19 Tariff classification of a wood fence post bracket assembly
NY L83439 R 7326.90.8587 HQ H268650 7318.15.5090 [GRI 1, 2(b), 3(c); EN VII to GRI 3(b)]
(E) 12-02-19
(A) 10-16-19
Tariff classification of vari-ous hair trimmers
NY N272219 NY N273910 NY N273911 NY N274044 NY N274103
R 8510.10.00 HQ H286686 8510.20.90 [GRI 1, 3(b), 6; Note 3 Sec XVI; EN 85.10]
(E) 12-16-19
Tariff classification of inflat-able guitar
NY J81414 R 9503.50.00 HQ H289843 3926.90.75 [GRI 1, AUSR 1(a); Chap 39, N 2(y); EN 39.26]
(A) 10-30-19 Tariff classification of gloves and a mitt
NY B871119 NY N006668
R M
9505.90.60 HQ H261881 6116.93.88 [GRI 1; Chap 95 note 1(v); EN 61.16]
(E) 12-30-19
European Classification Regulations
The table below shows the Classification Regulations that were published in the
Official Journal during the period covered by this International Trade Compliance
Update.
Commission Im-plementing Regulation
Description of the goods Classification
(CN code) Reasons
(EU) 2019/1661 (01-10-19)
A pale yellow, liquid product consisting of 93 % fatty acid ethyl esters as well as 7 % oligomers and partial glycerides.
The product is made of fish oils from fish species such as anchovy, sardine and mackerel. The production process com-prises refining, hydrolysis, ethyl esterifica-tion and fractionation. During hydrolysis and ethyl esterification, the triglycerides are transformed into fatty acid ethyl esters.
The product is intended for further pro-cessing in the food, feed, and pharmaceu-tical industry. It is packaged and shipped in a protective atmosphere in steel drums with a capacity of 190 kg.
2106 90 92 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, note 1(b) to Chapter 38 and the wording of CN codes 2106, 2106 90 and 2106 90 92 .
Classification under heading 1516 is excluded as the product consists mainly of ethyl esters ob-tained by esterification of fatty acids with ethanol and not with glycerol. The degree of processing that the product has undergone therefore ex-ceeds what is permitted under heading 1516 as only re-esterified triglycerides are covered by that heading (see also the Harmonized System Ex-planatory Notes (HSEN) to heading 1516, part (B), point (2).
Moreover, fatty acid ethyl esters are not animal or vegetable fats and oils (see also the HSEN to Chapter 15, General, part (A), second para-graph).
Classification of the product in Chapter 38 is ex-cluded, as the product has nutritive value and is used in the preparation of human foodstuffs (see note 1(b) to Chapter 38).
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Commission Im-plementing Regulation
Description of the goods Classification
(CN code) Reasons
The product is therefore to be classified under CN code 2106 90 92 as other food preparation (see also the HS classification opinion 2106.90/37).
(EU) 2019/1811 (23-10-19)
A mobile, self-balanced, electrically pow-ered machine, a so called ‘telepresence robot’. It consists of the following main components in a single housing with two wheels mounted on an axle:
– an accelerometer and a gyroscope,
– an electric motor,
– a Bluetooth module,
– a rechargeable battery.
The article has a power connection for re-charging the battery, a status light and a vertical telescopic pole with motorised height control. The pole has a detachable holder for a tablet computer (‘tablet’) on the top. The holder is equipped with a USB port for charging the tablet.
The article can be remotely controlled only by means of a compatible device (tablet, etc.) with wireless communication func-tions using Bluetooth.
The article is used to transport and lift or lower the tablet and to supply the tablet with electricity.
See image
8428 90 90
Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, note 3 to Section XVI and by the wording of CN codes 8428, 8428 90 and 8428 90 90 .
The article merely moves the tablet and supplies it with electricity; it does not enable the tablet to perform operations other than that for which it is designed. Therefore it is neither adapting the tab-let for a particular operation, nor increasing its range of operations, nor performing a particular service relative to the main function of the tablet (see judgment of 16 June 2011, Unomedical, C-152/10, EU:C:2011:402, paragraph 29, and see also the Harmonised System Explanatory Notes to heading 8473, second paragraph).
Consequently, classification under heading 8473 as an accessory for use solely or principally with machines of headings 8470 to 8472 is excluded.
Classification under heading 8479 or 8543 is ex-cluded as the article performs several functions of machines referred to in the headings of Chap-ter 84 or 85 (Section XVI), such as a lifting and handling function (transporting and lifting or low-ering a tablet), to provide current to a device and a communication function using the Bluetooth protocol.
By virtue of note 3 to Section XVI, it is to be clas-sified as being that apparatus which performs the principal function.
The article is designed to transport and lift or lower a tablet and, consequently, this is its princi-pal function within the meaning of note 3 to Sec-tion XVI. The other functions are ancillary.
The article is therefore to be classified under CN code 8428 90 90 as other lifting, handling, load-ing or unloading machinery.
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Commission Im-plementing Regulation
Description of the goods Classification
(CN code) Reasons
(EU) 2019/1812 (23-10-19)
A reusable water bottle made of clear bo-rosilicate glass, fitted with a screw cap made of stainless steel. The cap has an inner o-ring made of silicone that provides impermeable sealing. The bottle has a carrying loop attached to the cap and a re-movable anti-slip silicone sleeve for con-venient use.
The bottle is of a height of approximately 220 mm and a diameter of 60 mm. The di-ameter of the neck is approximately 30 mm. The bottle has a capacity of up to 0,6 l. See images.
7013 99 00
Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and by the wording of CN codes 7013 and 7013 99 00 .
Classification under heading 7010 as bottles, flasks and other containers, of glass, of a kind used for the conveyance or packing of goods, is excluded, as the article is not commonly used commercially (see also the Harmonized System Explanatory Notes (HSEN) to heading 7010, first paragraph, HSEN to heading 7013, last para-graph, point (b), and also the Harmonized Sys-tem classification opinion 3924.90/2).
The article is therefore to be classified under CN code 7013 99 00 as other glassware of a kind used for table, kitchen, toilet, office, indoor deco-ration or similar purposes.
Amendments to the CN Explanatory Notes
The table below shows amendments to the explanatory notes to the Combined
Nomenclature of the European Union that were published in the Official Journal
during the period covered by this International Trade Compliance Update.
Official Journal Page or CN code Description of Articles
2019/C 341/04
p.34 0305 20 00 After the Explanatory note to subheading ‘0305 10 00 Flours, meals and pellets of fish, fit for human consumption’, new text is inserted for 0305.20.00
p.81 1604 After the Explanatory note to subheading ‘1604 20 05 Preparations of surimi’, new text is inserted for 1604 31 00 and 1604 32 00
2019/C 350/02 p.64 1008 After the Explanatory note to CN subheading ‘1008 60 00’ Triticale, new text is inserted for 10089000 Other Cereals
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.
§1337) provides in rem relief from unfair practices in import trade, including unfair
methods of competition in the importation of articles, importation and sale in
the United States of articles which infringe US patents, registered trademarks,
copyrights or mask works. Listed below are 337 actions published during the
past month by the US International Trade Commission, the independent United
States agency charged with enforcement of section 337.
Inv. № Commodity Action
337–TA–1044 Certain Graphics Systems, Components Thereof, and Consumer Products Contain-ing the Same
Commission Determination To Institute a Modification Proceeding; Modification of the Limited Exclusion Order; and Termination of the Proceeding
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Inv. № Commodity Action
337–TA–1089 Certain Memory Modules and Components Thereof
Notice of Request for Submissions on the Public Interest
337–TA–1098 Certain Subsea Telecommunication Sys-tems and Components Thereof
Commission Determination Finding No Violation of Section 337; Termination of the Investigation
337–TA–1100 Certain Microfluidic Systems and Compo-nents Thereof and Products Containing Same
Commission Determination to Review in Part a Final Initial Deter-mination Finding a Violation of Section 337 and to Extend the Tar-get Date; Schedule for Filing Written Submissions
337–TA–1110 Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators
Commission Determination To Review in Part a Final Initial Deter-mination Finding No Section 337 Violation
337–TA–1111 Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof
Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation
337–TA–1112 Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof
Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on a Settlement Agreement; Termination of the Investigation
337–TA–1123 Certain Carburetors and Products Contain-ing Such Carburetors
Commission Decision to Review in Part an Initial Determination Finding Complainant Failed to Satisfy the Economic Prong of the Domestic Industry Requirement; Termination of the Investigation
337–TA–1124 Certain Powered Cover Plates Commission Determination to Review In Part and to Remand a Fi-nal Initial Determination
337–TA–1149 Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Contain-ing the Same
Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement and a Withdrawal of the Complaint; Termination of the Investiga-tion
337–TA–1162 Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof
Commission Determination Not to Review an Initial Determination Amending the Complaint and Notice of Investigation to Substitute Respondents Dell Inc. and Dell Products LP for Respondent Dell Technologies Inc.
337–TA–1163 Certain Light-Emitting Diode Products, Sys-tems, and Components Thereof
Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation
337–TA–1176 Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (I)
Institution of investigation based on a complaint filed on behalf of Globalfoundries U.S. Inc. alleging patent infringement
337–TA–1177 Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (II)
Institution of investigation based on a complaint filed on behalf of Globalfoundries U.S. Inc. alleging patent infringement
337–TA–1178 Certain Collapsible and Portable Furniture Institution of investigation based on a complaint and amended complaint filed on behalf of GCI Outdoor, Inc. alleging patent in-fringement
337–TA–1179
Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, Components Thereof, and Products Containing the Same
Institution of investigation based on a complaint filed on behalf of SK Innovation Co., Ltd. and SK Battery America, Inc. alleging pa-tent infringement
337–TA–1180 Certain wireless communication devices, and related components thereof
Institution of investigation based on a complaint filed on behalf of f Innovation Sciences 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 viola-
tions of §337 with regard to the listed commodities and soliciting comments on
any public interest issues raised by the complaints:
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Ref. № Commodity Complaint filed on behalf of:
DN 3413 Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same
LG Chem, Ltd.; LG Chem Michigan Inc.; and Toray Industries, Inc.
DN 3414 Certain Argon Plasma Coagulation System Probes, Their Compo-nents, and Other Argon Plasma Coagulation System Components for use Therewith
Erbe Elektromedizin GmbH and Erbe USA, Inc.
DN 3415 Certain Foldable Reusable Drinking Straws and Components Thereof
The Final Co. LLC
DN 3416 Certain Shaker Screens for Drilling Fluids, Components Thereof, and Related Marketing Materials
M-I L.L.C
DN 3418 Certain Smart Thermostats, Smart HVAC Systems, and Compo-nents Thereof
EcoFactor, Inc.
Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervail-
ing duty and safeguards notices published or posted during the past month from
the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other
countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or
subsidy; LTFV=less than fair value.
WTO Safeguard Notifications
Notification № Member Merchandise Action
G/SG/N/6/MAR/12 G/SG/N/7/MAR/5
G/SG/N/11/MAR/8 Morocco Welded steel and iron pipes and tubes
Initiation of a safeguard investigation on 07-10-19 and the application of a provisional measure
G/SG/N/6/ARE/3 G/SG/N/6/BHR/4 G/SG/N/6/KWT/4G/SG/N/6/OMN/3 G/SG/N/6/QAT/3 G/SG/N/6/SAU/3
United Arab Emirates, Bahrain, Ku-wait, Oman, Qatar, Saudi Arabia
Certain steel products (including Flat Hot Rolled Coils and Sheets, Cold Rolled Flat Steel Coils and Sheets, Metallic Coated Steel, Organic Coated Steel, Reinforced Steel Bars and Wire Rod, Circular, Square, and Rectangular Sticks and Rods, Sections, Angles and Shapes, Welded and Seamless Pipes and Tubes Including Items for Trans-porting Water, Gas and Oil)
Initiation of a safeguard investigation on 23-10-19
United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–533–889 A–489–837
Certain Quartz Surface Products From India and the Republic of Turkey
Postponement of the Preliminary Determinations in the Less-Than-Fair-Value Investigations
A–201–842 Large Residential Washers From Mexico: Final Results of ADD Administrative Review; 2017-2018
A–570–886 Polyethylene Retail Carrier Bags From China Final Results of ADD Administrative Review; 2017–2018
A–570–930 Circular Welded Austenitic Stainless Pressure Pipe From China
Final Results of the Expedited Second Sunset Review of the ADD Order
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
C–570–931 Circular Welded Austenitic Stainless Pressure Pipe From China
Final Results of the Expedited Second Sunset Review of the CVD Order
A–583–844 Narrow Woven Ribbons With Woven Selvedge From Taiwan
Final Results of ADD Administrative Review; 2017–2018
A–570–935 C–570–936
Circular Welded Carbon Quality Steel Line Pipe From China
Continuation of ADD Order and CVD Order
A–580–893 Fine Denier Polyester Staple Fiber (PSF) From S. Korea
Notice of Final Results of ADD Changed Circumstances Review
A–557–815 A–549–830 A–552–816
Welded Stainless Steel Pressure Pipe From Malaysia, Thailand, and Vietnam
Results of Expedited First Sunset Reviews of ADD Orders
A–570–928 Uncovered Innerspring Units From China Preliminary Results of the ADD Administrative Review; 2018–2019
A–821–809 Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation
Preliminary No Shipments Determination of ADD Administrative Review; 2017-2018
A–351–832 A–560–815 A–201–830 A–841–805 A–274–804
Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, Mexico, Moldova, and Trini-dad and Tobago
Final Results of the Expedited Third Sunset Reviews of the ADD Orders
C–357–821 Biodiesel From Argentina Rescission of CVD Administrative Review; 2017-2018
C–351–833 Carbon and Certain Alloy Steel Wire Rod From Brazil
Final Results of the Expedited Third Sunset Review of the CVD Or-der
A–821–809 Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation
Preliminary No Shipments Determination of ADD Administrative Review; 2017-2018
A–433–813 Strontium Chromate From Austria Final Affirmative Determination of Sales at LTFV
A–427–830 Strontium Chromate From France Final Affirmative Determination of Sales at LTFV and Final Nega-tive Determination of Critical Circumstances
A–588–869 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan
Continuation of ADD Order
C–570–057 Certain Tool Chests and Cabinets From China Preliminary Results of CVD Administrative Review; 2017-2018
A–570–106 Wooden Cabinets and Vanities and Compo-nents Thereof From China
Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination and Extension of Provisional Measures
A–520–807 Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates
Amended Final Results of ADD Administrative Review; 2016–2017
A–570–890 Wooden Bedroom Furniture From China Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, and Preliminary Determination of No Shipments; 2018
A–201–849 Refillable Stainless Steel Kegs From Mexico ADD Order
A–570–827 Certain Cased Pencils From China Preliminary Results of ADD Administrative Review and Rescission of Review, in Part; 2017-2018
A–821–817 Silicon Metal From the Russian Federation
Final Results of Expedited Third Sunset Review of the ADD Order
A–588–857 Welded Large Diameter Line Pipe From Japan Continuation of ADD Order
C–570–052 Certain Hardwood Plywood Products From China
Preliminary Results of CVD Administrative Review and Rescission of Review, in Part; 2017-2018
C–533–890 Certain Quartz Surface Products From India Preliminary Affirmative CVD Determination, Preliminary Affirmative Critical Circumstances Determination, In Part, and Alignment of Fi-nal Determination with Final ADD Determination
C–489–838 Certain Quartz Surface Products From Turkey Preliminary Affirmative CVD Determination, Preliminary Affirmative Critical Circumstances Determination, In Part, and Alignment of Fi-nal Determination with Final ADD Determination
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–580–867 Large Power Transformers From S. Korea Notice of Court Decision Not in Harmony with Final Results, Notice of Amended Final Results
C–489–817 Oil Country Tubular Goods From Turkey Final Results of the Expedited First Sunset Review of the CVD Or-der
C–533–872 Finished Carbon Steel Flanges From India Preliminary Results of CVD Administrative Review, 2016-2017
A–570–954 Certain Magnesia Carbon Bricks From China Preliminary Results of the ADD Administrative Review; 2017-2018
A–570–928 A–791–821 A–552–803
Uncovered Innerspring Units From China, South Africa, Vietnam
Continuation of ADD Orders
C–570–955 Certain Magnesia Carbon Bricks From China Rescission of CVD Administrative Review; 2017
A–570–912 Certain New Pneumatic Off-The-Road Tires From China
Notice of Court Decision Not in Harmony with Final Results of Ad-ministrative Review and Notice of Amended Final Results of ADD Administrative Review
A–475–835 Finished Carbon Steel Flanges From Italy Preliminary Results of ADD Administrative Review; 2017-2018
A–570–893 Frozen Warmwater Shrimp From China Partial Rescission of ADD Administrative Review; 2018-2019
A–580–867 Large Power Transformers From S. Korea Preliminary Results of ADD Administrative Review; 2017-2018
A–201–836 Light-Walled Rectangular Pipe and Tube From Mexico
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017-2018
A–570–016 Certain Passenger Vehicle and Light Truck Tires From China
Preliminary Results of ADD Administrative Review and Rescission, In Part; 2017- 2018
C–570–017 Certain Passenger Vehicle and Light Truck Tires From China
Preliminary Results of CVD Administrative Review and Rescission, In Part; 2017
A–570–909 Certain Steel Nails From China Preliminary Results of the ADD Administrative Review and Prelimi-nary Determination of No Shipments; 2017-2018
A–602–807 A–351–842 A–570–022 C–570–023 A–560–828 C–560–829
Certain Uncoated Paper Products From Aus-tralia, Brazil, China, and Indonesia
Initiation of Anti-Circumvention Inquiry of ADD and CVD Orders
A–580–889 Dioctyl Terephthalate From S. Korea Preliminary Results of ADD Administrative Review; 2017-2018
A–549–837 Glycine From Thailand ADD Order
A–570–967 Aluminum Extrusions From China Final Results of ADD Administrative Review; 2017–2018
C–570–115 Certain Glass Containers From China Initiation of CVD Investigation
A–570–114 Certain Glass Containers From China Initiation of LTFV Investigation
C–489–502 Circular Welded Carbon Steel Pipes and Tubes From Turkey
Final Results of CVD Administrative Review and Rescission of CVD Administrative Review, in Part; Calendar Year 2017
A–533–810 Stainless Steel Bar From India Final Results of Administrative Review of the ADD Order; 2017– 2018
A–549–840 Carbon and Alloy Steel Threaded Rod From Thailand
Final Affirmative Determination of Sales at LTFV and Final Affirma-tive Determination of Critical Circumstances
A–469–819 Acetone From Spain Final Determination of Sales at LTFV, and Final Determination of No Shipments
A–559–808 Acetone From Singapore Final Determination of Sales at LTFV
A–570–943 C–570–944
Certain Oil Country Tubular Goods From China
Notice of Amended Final Scope Ruling Pursuant to Court Decision
A–485–805 Carbon and Alloy Seamless Standard, Line and Pressure Pipe (under 4.5 Inches) From Romania
Final Determination of No Shipments; 2017-2018
A–552–801 Certain Frozen Fish Fillets From Vietnam Preliminary Results of the ADD Administrative Review and Prelimi-nary Determination of No Shipments; 2017-2018
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–580–874 Certain Steel Nails From S. Korea Final Results of ADD Administrative Review; 2017-2018
A–570–028 Hydrofluorocarbon Blends From China Final Results of the ADD Administrative Review and Final Determi-nation of No Shipments; 2017- 2018
A–557–813 Polyethylene Retail Carrier Bags From Malay-sia
Preliminary Results of Antidumping Duty Administrative Review; 2017-2018
A–475–828 Stainless Steel Butt-Weld Pipe Fittings From It-aly
Final Results of ADD Administrative Review; 2017-2018
A–570–106 Wooden Cabinets and Vanities and Compo-nents Thereof From China
Preliminary Affirmative Determination of Sales at LTFV, Postpone-ment of Final Determination and Extension of Provisional Measures
C–570–011 Certain Crystalline Silicon Photovoltaic Prod-ucts From China
Final Results of CVD Administrative Review; 2017
A–351–842 Certain Uncoated Paper From Brazil Final Results of Antidumping Duty Administrative Review; 2017-2018
A–570–092 Mattresses From China Final Affirmative Determination of Sales at LTFV, and Final Affirm-ative Determination of Critical Circumstances, in Part
C–570–039 Certain Amorphous Silica Fabric From China Rescission of CVD Administrative Review; 2018
C–570–094 Refillable Stainless Steel Kegs From China Final Affirmative CVD Determination and Final Affirmative Determi-nation of Critical Circumstances, in Part
A–570–093 Refillable Stainless Steel Kegs From China Final Affirmative ADD Determination of Sales at LTFV and Final Af-firmative Determination of Critical Circumstances, in Part
A–428–846 Refillable Stainless Steel Kegs From Germany Final Affirmative Determination of Sales at LTFV
A–588–850 Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (over 4½ inches) from Japan
Rescission of ADD Administrative Review: 2018-2019
A–588–851 Certain Small Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (under 4½ inches) from Japan
Rescission of ADD Administrative Review: 2018-2019
C–570–978 High Pressure Steel Cylinders From China Rescission of CVD Administrative Review: 2018
C–570–065 Stainless Steel Flanges From China Rescission of CVD Administrative Review: 2019
C–570–111 Vertical Metal File Cabinets From China Final Affirmative CVD Determination
A–570–110 Vertical Metal File Cabinets From China Final Determination of Sales at LTFV
A–201–820 Fresh Tomatoes From Mexico Final Determination of Sales at LTFV
A–533–840 Certain Frozen Warmwater Shrimp From India Final Results of ADD Administrative Review; 2017-2018
C–570–011 Crystalline Silicon Photovoltaic Products From China
Rescission of CVD Administrative Review; 2018
A–533–871 Finished Carbon Steel Flanges From India Preliminary Results of ADD Administrative Review; 2017-2018
A–570–112 Certain Collated Steel Staples From China Postponement of Preliminary Determination in the LTFV Investiga-tion
C–570–096 Aluminum Wire and Cable From China Final Affirmative CVD Determination
A–552–818 Certain Steel Nails From Vietnam Rescission of ADD Administrative Review; 2018–2019
C–570–911 Circular Welded Carbon-Quality Steel Pipe From China
Rescission of CVD Administrative Review; 2018
A–570–900 Diamond Sawblades and Parts Thereof From China
Preliminary Affirmative Determination of Circumvention
A–201–844 Steel Concrete Reinforcing Bar From Mexico Initiation of Anti-Circumvention Inquiry of ADD Order
A–201–845 Sugar From Mexico Notice of Court Decision Regarding Amendment to the Agreement Suspending the ADD Investigation
C–201–846 Sugar From Mexico Notice of Court Decision Regarding Amendment to the Agreement Suspending the CVD Investigation
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United States Department of Commerce, International Trade Administration (ITA)
Case № Merchandise/Country Action
A–570–095 Aluminum Wire and Cable From China Final Affirmative Determination of Sales at LTFV
A–570–848 Freshwater Crawfish Tail Meat From China Final Results of ADD Administrative Review; 2017–2018
A–583–858 Certain Carbon and Alloy Steel Cut-to-Length Plate From Taiwan
Rescission of ADD Administrative Review; 2018–2019
United States International Trade Commission (USITC)
Inv. № Merchandise/Country Action
731–TA–1012 Certain Frozen Fish Fillets From Vi-etnam
[THIRD REVIEW] Institution of a Five-Year Review
701–TA–501 Chlorinated Isocyanurates From China [REVIEW] Institution of a Five-Year Review
701–TA–502 731– TA–1227
Steel Concrete Reinforcing Bar From Mexico and Turkey
[REVIEW] Institution of a Five-Year Reviews
731–TA–1229-1230 Monosodium Glutamate From China and Indonesia
[REVIEW] Institution of a Five-Year Reviews
731–TA–1206 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan
[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.
701–TA–630 731– TA–1462
Glass Containers From China [PRELIMINARY] Institution of ADD and CVD Investigations and Scheduling of Preliminary Phase Investigations
731–TA–1140-1142 Uncovered Innerspring Units From China, South Africa, and Vietnam
[SECOND REVIEW] Determinations that revocation of the ADD or-ders would be likely to lead to continuation or recurrence of mate-rial injury to an industry in the United States within a reasonably foreseeable time.
731–TA–919 Certain Welded Large Diameter Line Pipe From Japan
[THIRD REVIEW] Determination that revocation of the ADD orders would be likely to lead to continuation or recurrence of material in-jury to an industry in the United States within a reasonably fore-seeable time.
701–TA–622 731– TA–1448
Dried Tart Cherries From Turkey [FINAL] Scheduling of the Final Phase of CVD and ADD Investiga-tions
731–TA–1427 Refillable Stainless Steel Kegs from Mexico
[FINAL] Determination that the establishment of an industry in the United States is materially retarded by reason of imports that have been found by Commerce to be sold in the United States at LTFV
731–TA–747 Fresh Tomatoes From Mexico [FINAL] Suspension of AD Investigation
731–TA- 1210–1212 701–TA–454 731–TA–1144
Welded Stainless Steel Pressure Pipe From China, Malaysia, Thailand, and Vietnam
[REVIEW, SECOND REVIEW] Scheduling of Expedited Five-Year Re-views
731–TA–1021 Malleable Iron Pipe Fittings From China
[THIRD REVIEW] Scheduling of an Expedited Five-Year Review
731–TA–1415 Glycine From Thailand [FINAL] Determination that an industry in the United States is mate-rially injured by reason of imports that have been found by the Commerce to be sold in the United States at LTFV
731–TA–747 Fresh Tomatoes From Mexico [FINAL] Continuation of the Final Phase of an ADD Investigation and Revised Schedule
701–TA–620 731–TA–1445
Wooden Cabinets and Vanities From China
[FINAL] Scheduling of the Final Phase of CVD and ADD Investiga-tions
701–TA–631 731–TA–1463–1464
Forged Steel Fittings From India and Korea
[PRELIMINARY] Institution of ADD and CVD Investigations and Scheduling of Preliminary Phase Investigations
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Canadian International Trade Tribunal (CITT)
Ref. Number Merchandise/Country Action
PI-2019-001 Certain sucker rods originating in or exported from Argentina, Brazil and Mexico
Initiation of a preliminary injury inquiry
LE-2019-002
Dumping: Certain hot-rolled deformed steel con-crete reinforcing bar originating or exported from the China, S. Korea and Turkey; Subsidizing: of the same originating or exported from China
Notice of Expiry of Finding on 01-08-20
RR-2018-006 Structural tubing originating in or exported from S. Korea and Turkey
Order issued continuing measures after expiry review
RR-2018-07 Hot-rolled carbon steel plate and high-strength low‑alloy steel plate originating in or exported from Bulgaria, The Czech Republic and Romania
Orders and reasons issued.
Canada Border Services Agency (CBSA)
Ref. Number Merchandise/Country Action
PLA7 2019 ER Certain Hot-rolled Carbon Steel Plate originating in or exported from Brazil, Denmark, Indonesia, It-aly, Japan, and South Korea
Notice of Expiry Review Decision
SR2 2019 IN Certain sucker rods originating in or exported from Argentina, Brazil and Mexico
Notice of Initiation of Investigation -Statement of Reasons
PLA6 2019 UP 01 Certain hot-rolled carbon steel plate exported to Canada from Ukraine
Notice of Initiation of Normal Value Review
LLP 2019 UP1 Large Diameter Carbon and Alloy Steel Line Pipe from Japan
Notice of Initiation of Normal Value Review
FAS 2019 ER
Dumping: Certain Carbon Steel Fasteners origi-nating in or exported from China and Chinese Tai-pei); Subsidizing of such goods originating in or
exported from China.
Notice of Initiation of Expiry Review Investigation
NAFTA Panels
Case Number Merchandise/Country Action
No notices published in October
European Union
Reference Merchandise/Country Action
(EU) 2019/1662 Ironing boards originating in China Commission Implementing Regulation imposing a definitive ADD following an expiry review
2019/C 333/05 Ceramic tableware and kitchenware originating in China
Notice concerning the anti-dumping measures in force: name change of one company subject to the duty for cooperating non-sampled companies
(EU) 2019/1706 High tenacity yarns of polyesters origi-nating in China
Commission Implementing Regulation amending Implementing Regulation (EU) 2017/325 imposing a definitive ADD following an expiry review
(EU) 2019/1687 Ceramic tiles originating in China Commission Implementing Regulation amending Annex 1 to Imple-menting Regulation (EU) 2017/2179 imposing a definitive ADD
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European Union
Reference Merchandise/Country Action
(EU) 2019/1688 Mixtures of urea and ammonium nitrate originating in Russia, Trinidad and To-bago and the United States of America
Commission Implementing Regulation imposing a definitive ADD and definitively collecting the provisional duty imposed
(EU) 2019/1693 Steel road wheels originating in China Commission Implementing Regulation imposing a provisional ADD
(EU) 2019/1688 Corrigendum
Mixtures of urea and ammonium nitrate originating in Russia, Trinidad and To-bago and the United States of America
Corrigendum to Commission Implementing Regulation imposing a definitive ADD and definitively collecting the provisional duty
2019/C 342/08 Certain heavyweight thermal paper orig-inating in S. Korea
Notice of initiation of an anti-dumping proceeding
2019/C 342/09 Certain hot rolled stainless steel sheets and coils originating in China and Indo-nesia
Notice of initiation of an anti-subsidy proceeding
(EU) 2019/1295 Corrigendum
Certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine,
Corrigendum to Commission Implementing Regulation amending Implementing Regulation (EU) 2018/1469 imposing a definitive ADD following a partial interim review
2019/C 349/10 Corrigendum
Ceramic tableware and kitchenware originating in China
Corrigendum to Notice concerning the AD measures in force: name change of one company subject to the duty for cooperating non-sampled companies
Australian Anti-Dumping Commission
Ref. № Case № Merchandise/Country Action
2019/110 508 Tomato products, prepared or preserved / Italy Findings of a review of anti-dumping measures
2019/111 EX0068 Aluminium extrusions / China Findings from Exemption Inquiry EX0068
2019/113 506 Quenched and tempered steel plate / Finland, Ja-pan, Sweden
Findings in relation to a Continuation Inquiry
2009/120 519 Aluminium zinc coated steel /China Findings in relation to an Accelerated Review of Anti-Dumping Measures
2019/121 517 Deep drawn stainless steel sinks /China Extension to SEF & Final Report
2019/122 527 Resealable can end closures / Malaysia Initiation of a review of anti-dumping measures
2019/123 516 Hot dip galvanised steel angle / China Extension of time to issue SEF and Final Report
2019/124 515 High density polyethylene / Korea, Singapore, Thailand, USA
Extension of time to issue SEF and Final Report
2019/128 528 Hot rolled coil steel / Taiwan Initiation for a Review of Measures
2019/129 Various Monthly Status Report - September 2019
2019/130 518 Steel reinforcing bar / Thailand Extension of time granted to issue the Statement of Essential Facts and Final Report
2019/131 530 Aluminium extrusions / China Initiation of an accelerated review
2019/132 529 Hollow structural sections / China, Korea, Malay-sia, Taiwan, Thailand
Initiation of a Review of Anti-Dumping Measures
2019/134 EX0073 Resealable can end closures / Malaysia, Philip-pines, Singapore
Findings in relation to an exemption inquiry
China Ministry of Commerce (MOFCOM)
Ref. № Merchandise/Country Action
43/2019 Polyvinyl Chloride originating in the United States, South Korea, Japan and Taiwan Region
Terminating Expiry Review Investigation into AD Measures
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China Ministry of Commerce (MOFCOM)
Ref. № Merchandise/Country Action
41/2019 Vertical Machining Centers originating in Japan and Taiwan Region
Extending the AD Case Investigation Period
40/2019 Optical Fiber Preforms originating in Japan Initiating Interim Review Investigation
37/2019 Phenol originating in the United States, the EU, S. Korea, Japan and Thailand
Final Ruling of AD Investigation
36/2019 Bisphenol A Originating in Japan, South Korea, Singapore and Taiwan Region
Ruling on Expiry Review of AD Measures
Government of India Ministry of Finance (Department of Revenue)
Notification № Merchandise/Country Action
40/2019-Cus (ADD) 15-10-19
Flat rolled product of steel, plated or coated, with al-loy of Aluminium and Zinc originating in or exported from China PR, Vietnam and Korea RP
Imposes provisional ADD for a period of six months
41/2019-Cus (ADD) 25-10-19 Saturated Fatty Alcohols originating in or exported
from Indonesia, Malaysia and Thailand
Notifies rate of ADD imposed on New Shipper
42/2019-Cus (ADD) 25-10-19
Rescinds notification providing for imposition of provisional ADD on New Shipper
Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
INITIATIONS
7/18/2019-DGTR 30-09-19
Acrylic Fibre originating in or exported from Thailand Initiates Sunset Review of AD Investigation
6/18/2019-DGTR 01-10-19
Choline Chloride in all its form originating in or exported from China PR, Malaysia, European Union and Vietnam
Initiates AD Investigation
22/8/2019-DGTR 01-10-19
Phthalic Anhydride originating in or exported from Ko-rea RP under India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Initiates Bilateral Safeguard Investigation
6/24/2019-DGTR 01-10-19
Polyethylene Terephthalate originating in or exported from China PR
Initiates AD Investigation
6/14/2019-DGTR 01-10-19
Clear Float Glass originating in or exported from Malay-sia
Initiates Anti-Subsidy Investigation
7/16/2019-DGTR 03-10-19
Hot Rolled Flat Products of Stainless Steel- 304 grade originating in or exported from China PR, Malaysia and Korea RP
Initiates Sunset Review of AD Investigation
7/17/2019-DGTR 04-10-19
Certain Glass Fibre and articles thereof originating in or exported from China PR
Initiates Mid-Term Review Investigation
6/16/2019-DGTR 18-10-19
Flat Products of Stainless-Steel originating in or ex-ported from Indonesia.
Initiates Anti-Subsidy Investigation
7/21/2019-DGTR 25-10-19
Sodium Citrate originating in or exported from China PR Initiates Sunset Review of AD Investigation
6/21/2019-DGTR 29-10-19
Styrene Butadiene Rubber originating in or exported from Korea RP
Initiates Anti-Subsidy Investigation
ORAL HEARINGS
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Government of India Ministry of Commerce and Industry (Department of Commerce)
File № and Date Merchandise/Country Action
14/1/2014-DGTR (Pt) 03-10-19
Cold-Rolled Flat Products of Stainless-Steel originating in or exported from China PR, Korea RP, European Un-ion, South Africa, Taiwan, Thailand and USA
Schedules oral hearing in Anti-Circumvention In-vestigation on 30 October 2019
7/9/2019-DGTR 16-10-19
Acetone originating in or exported from Korea RP, Tai-wan and Saudi Arabia
Schedules oral hearing in Sunset Review of AD In-vestigation on 29 October, 2019
FINAL FINDINGS
7/24/2018-DGAD 03-10-19 Jute Yarn/ Twine (multiple folded/cabled and single),
Hessian Fabric and Jute Yarn originating in or exported from Bangladesh
Final Findings issued in New Shipper Review 7/25/2018-DGAD
03-10-19
7/16/2018-DGAD 15-10-19
Paracetamol originating in or exported from China PR Final Findings issued in Third Sunset Review of AD Investigation
OTHERS
6/7/2019-DGTR 03-10-19
Digital Offset Printing Plates originating in or exported from China PR, Japan, Korea RP, Taiwan and Vietnam
Preliminary Findings issued in AD Investigation
10-10-19 Clear Float Glass originating in or exported from Malay-sia
Questionnaire forms issued for Importers, Govern-ment and Exporters Importer's Questionnaire
Government's Questionnaire
Exporter's Questionnaire
6/24/2019-DGTR 11-10-19
Polyethylene Terephthalate originating in or exported from China PR
Corrigendum issued to Initiation notification in AD Investigation
6/12/2019-DGTR 14-10-19
Flat Rolled Products of Stainless-Steel originating in or exported from China PR, Korea RP, European Union, Japan, Taiwan, Indonesia, Thailand, South Africa, UAE, Hong Kong, Singapore, Mexico, Vietnam and Malaysia
Reschedules timing of oral hearing in AD Investi-gation to be held on 15 October, 2019
7/15/2019-DGTR 18-10-19
Electronic Calculators originating in or exported from China PR
Proposes Product Control Number (PCN) in Sun-set Review of AD Investigation. Interested parties directed to file comments by 23 October 2019
6/22/2019-DGTR 18-10-19
Electronic Calculators originating in or exported from Malaysia
6/13/2019-DGTR 22-10-19
Textured Tempered Glass whether Coated or Uncoated
originating in or exported from Malaysia Time for filing questionnaire response in Anti-Sub-sidy Investigation extended until 13 November, 2019
23-10-19
Phthalic Anhydride originating in or exported from Ko-rea RP under India-Korea Comprehensive Economic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017
Questionnaire forms issued for Domestic Produc-ers, Exporters and Importers Domestic Producer's Questionnaire
Exporter's Questionnaire
Importer's Questionnaire
6/20/2019-DGTR 23-10-19
Flexible Slabstock Polyol originating in or exported from the Kingdom of Saudi Arabia and United Arab Emirates (UAE)
Time for filing questionnaire response in AD Inves-tigation extended until 18 November, 2019
30/2/2019-DGTR 24-10-19
High Tenacity Polyester Yarns originating in or exported from China PR
Further amends Final Findings in AD Investigation
6/25/2019-DGTR 30-10-19
Acrylic Fibre originating in or exported from Belarus, Ukraine, European Union and Peru
Time for filing questionnaire response in AD Inves-tigation extended until 22 November, 2019
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Opportunity to Request Administrative Review
In an October 1, 2019 Federal Register notice, the US Department of Commerce
announced that it will receive requests to conduct administrative reviews of vari-
ous antidumping (AD) and countervailing duty (CVD) orders and findings with
October anniversary dates:
AD/CVD Proceedings - Country/ Merchandise Case No. Period
Antidumping Duty Proceedings
Australia: Hot-Rolled Steel Flat Products A–602–809 10/1/18–9/30/19 Brazil: Carbon and Certain Alloy Steel Wire Rod A–351–832 10/1/18–9/30/19 Hot-Rolled Steel Flat Products A–351–845 10/1/18–9/30/19 India: Stainless Steel Flanges A–533–877 3/28/18–9/30/19 Indonesia: Carbon and Certain Alloy Steel Wire Rod A–560–815 10/1/18–9/30/19 Italy: Pressure Sensitive Plastic Tape A–475–059 10/1/18–9/30/19 Japan: Hot-Rolled Steel Flat Products A–588–874 10/1/18–9/30/19 Mexico: Carbon and Certain Alloy Steel Wire Rod A–201–830 10/1/18–9/30/19 Moldova: Carbon and Certain Alloy Steel Wire Rod A–841–805 10/1/18–9/30/19 Republic of Korea: Hot-Rolled Flat Products A–580–883 10/1/18–9/30/19 Taiwan: Steel Concrete Reinforcing Bar A–583–859 10/1/18–9/30/19 The Netherlands: Hot-Rolled Flat Products A–421–813 10/1/18–9/30/19 PR of china: Barium Carbonate A–570–880 10/1/18–9/30/19 Barium Chloride A–570–007 10/1/18–9/30/19 Boltless Steel Shelving Units Prepackaged For Sale A–570–018 10/1/18–9/30/19 Certain Cut-To-Length Carbon Steel A–570–849 10/1/18–9/30/19 Electrolytic Manganese Dioxide A–570–919 10/1/18–9/30/19 Helical Spring Lock Washers A–570–822 10/1/18–9/30/19 Polyvinyl Alcohol A–570–879 10/1/18–9/30/19 Steel Wire Garment Hangers A–570–918 10/1/18–9/30/19 Trinidad and Tobago: Carbon and Certain Alloy Steel Wire Rod A–274–804 10/1/18–9/30/19 Turkey: Hot-Rolled Steel Flat Products A–489–826 10/1/18–9/30/19 United Kingdom: Hot-Rolled Steel Flat Products A–412–825 10/1/18–9/30/19
Countervailing Duty Proceedings
Brazil: Carbon and Certain Alloy Steel Wire Rod C–351–833 1/1/18–12/31/18 Hot-Rolled Steel Flat Products C–351–846 1/1/18–12/31/18 India: Stainless Steel Flanges C–533–878 1/23/18–12/31/18 Iran: Roasted In Shell Pistachios C–507–601 1/1/18–12/31/18 Republic of Korea: Hot-Rolled Steel Flat Products C–580–884 1/1/18–12/31/18 PR of China: Boltless Steel Shelving Units Prepackaged For Sale C–570–019 1/1/18–12/31/18
Suspension Agreements
*Russia: Uranium A–821–802 10/1/2018-9/30/2019 *Argentina: Lemon Juice A–357–818 10/1/2018-9/30/2019 * Added by Federal Register Correction Notice on 10-16-19
Requested Reviews
In an October 7, 2019 Federal Register notice, the US Department of Commerce
announced that it has received timely requests to conduct administrative reviews
of various antidumping and countervailing duty orders and findings with August
anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise Case No. Period
Antidumping Duty Proceedings
India: Finished Carbon Steel Flanges A-533-871 8/1/18 - 7/31/19 Polyethylene Terephthalate (PET) Film A-533-824 7/1/18 – 6/30/19 Italy: Finished Carbon Steel Flanges A-475-835 8/1/18 - 7/31/19
Editor, International Trade Compliance Update
Stuart P. Seidel
Washington, D.C. +1 202 452 7088 stuart.seidel@bakermcken-
zie.com
This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior re-sults do not guarantee a simi-lar outcome.
Please see copyright and acknowledgements on the last page
Baker McKenzie
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AD/CVD Proceedings - Country/ Merchandise Case No. Period
Japan: Tin Mill Products A-588-854 8/1/18 - 7/31/19 Malaysia: Polyethylene Retail Carrier Bags A-557-813 8/1/18 - 7/31/19 Mexico: Light-Walled Rectangular Pipe and Tube A-201-836 8/1/18 - 7/31/19 S. Korea: Dioctyl Terephthalate A-580-889 8/1/18 - 7/31/19 Low Melt Polyester Staple Fiber A-580-895 2/1/18 - 7/31/19 Large Power Transformers A-580-867 8/1/18 - 7/31/19 Romania: Carbon and Alloy Seamless Standard, Line and Pressure Pipe (under 4 ½ Inches) A-485-805 8/1/18 - 7/31/19 SR of Vietnam: Certain Frozen Fish Fillets A-552-801 8/1/18 - 7/31/19 Spain: Ripe Olives A-469-817 1/26/18 - 7/31/19 Thailand: Citric Acid and Certain Citrate Salts A-549-833 1/8/18 - 6/30/19 PR of China: Certain Steel Nails A-570-909 8/1/18 - 7/31/19 Cast Iron Soil Pipe Fittings A-570-062 2/20/18 - 7/31/19 Certain Passenger Vehicle and Light Truck Tires A-570-016 8/1/18 - 7/31/19 Laminated Woven Sacks A-570-916 8/1/18 - 7/31/19 Polyethylene Retail Carrier Bags A-570-886 8/1/18 - 7/31/19
Countervailing Duty Proceedings
INDIA: Finished Carbon Steel Flanges C-533-872 1/1/18 - 12/31/18 Spain: Ripe Olives C-469-818 11/28/17 - 12/31/18 PR of China: Cast Iron Soil Pipe Fittings C-570-063 12/19/17 - 12/31/18 Certain Passenger Vehicle and Light Truck Tires C-570-017 1/1/18 - 12/31/18 Laminated Woven Sacks C-570-917 1/1/18 - 12/31/18
Suspension Agreements
None
Initiation of Sunset Reviews
In an October 1, 2019, Federal Register notice, the US Department of Commerce
advised that it was automatically initiating a five-year (“Sunset”) review of the an-
tidumping and countervailing duty orders listed below.
AD/CVD DOC Case
No. ITC Case No. Country Merchandise
C–570–991 701–TA–501 China Chlorinated Isocyanurates (1st Review) A–570- 992 731–TA–1229 China Monosodium Glutamate (1st Review) A–560–826 731–TA–1230 Indonesia Monosodium Glutamate (1st Review) A–201–844 731–TA–1227 Mexico Steel Concrete Reinforcing Bar (1st Rev.) A–552–801 731–TA–1012 Vietnam Certain Frozen Fish Fillets (3rd Review) C–489–819 701–TA–502 Turkey Steel Concrete Reinforcing Bar (1st Rev.)
Advance Notification of Sunset Reviews
In an October 1, 2019, Federal Register notice, the US Department of Commerce
advised that the following cases were scheduled for five-year (“Sunset”) reviews
for November 2019.
AD/CVD Proceedings - Merchandise/Country Case No.
Antidumping Duty Proceedings
Non-Oriented Electrical Steel from China A–570–996 (1st Review) Non-Oriented Electrical Steel from Germany A–428–843 (1st Review) Non-Oriented Electrical Steel from Japan A–588–872 (1st Review) Non-Oriented Electrical Steel from Republic of Korea A–580–872 (1st Review) Non-Oriented Electrical Steel from Sweden A–401–809 (1st Review) Non-Oriented Electrical Steel from Taiwan A–583–851 (1st Review)
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AD/CVD Proceedings - Merchandise/Country Case No.
Countervailing Duty Proceedings
Non-Oriented Electrical Steel from China C–570–997 (1st Review) Non-Oriented Electrical Steel from Taiwan C–583–852 (1st Review)
Suspended Investigations
None scheduled
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Mattias Hedwall
Global Chair International Commercial & Trade
International Commercial & Trade Leadership Team
Regional Chairs / Steering Committee
Kana Itabashi Tokyo
Asia Pacific
Ulf Wauschkuhn Munich EMEA
Alejandro C. Mesa-Neira Bogota
Latin America
Jennifer Trock Washington DC North America
IC&T Focus Groups
Agency & Distribution / Franchising Product Liability / Anticorruption /
Compliance Liaison Customs & Trade Agreements
Will Woods Dallas
Ulrich Ellinghaus Frankfurt
Fred Burke Ho Chi Minh City
Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets
Peerapan Tungsuwan Bangkok
Nick Coward & Janet Kim Washington DC
Miguel Noyola Chicago/Washington DC
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